Full Text of HB5821 96th General Assembly
HB5821 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5821
Introduced 2/10/2010, by Rep. Jay C. Hoffman SYNOPSIS AS INTRODUCED: |
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425 ILCS 10/2 |
from Ch. 127 1/2, par. 822 |
425 ILCS 60/3 |
from Ch. 127 1/2, par. 803 |
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Amends the Facilities Requiring Smoke Detectors Act and the Smoke Detector Act. Provides that in the case of any dwelling unit or any unit of a nursing home, MR/DD community care facility, community residential alternative, or child care facility 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 battery power source. Effective January 1, 2011.
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A BILL FOR
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HB5821 |
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LRB096 20660 DRJ 36377 b |
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| AN ACT concerning safety.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Facilities Requiring Smoke Detectors Act is | 5 |
| amended by changing Section 2 as follows:
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| (425 ILCS 10/2) (from Ch. 127 1/2, par. 822)
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| Sec. 2.
(a) Every facility shall be equipped with at least | 8 |
| one
approved smoke detector in an operating condition within 15 | 9 |
| feet of every room
used for sleeping purposes. The detector | 10 |
| shall be installed on the ceiling
and at least 6 inches from | 11 |
| any wall, or on a wall located between 4 and 6
inches from the | 12 |
| ceiling.
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| (b) Every facility shall have at least one approved smoke | 14 |
| detector installed on
every story of the facility, including | 15 |
| basements but not including
unoccupied attics; provided that | 16 |
| there shall be at least one detector at
the beginning and at | 17 |
| the end of each separate corridor or hallway 200 feet
or more | 18 |
| in length in any occupied story, including basements.
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| (c) Every facility shall have at least
one
approved smoke | 20 |
| detector at the uppermost ceiling of
each interior stairwell, | 21 |
| except in fire resistive structures. The detector
shall be | 22 |
| installed on the ceiling,
at least 6 inches from the wall, or | 23 |
| on a wall located between 4 and 6
inches from the ceiling.
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HB5821 |
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LRB096 20660 DRJ 36377 b |
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| (d) The requirements of this Section shall apply to any | 2 |
| facility
in existence on July 1, 1988, beginning on that date. | 3 |
| Except as provided
in subsection (e), the smoke
detectors | 4 |
| required in such facilities may be either battery powered or
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| wired into the structure's AC power line, and need not be | 6 |
| interconnected.
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| (e) In the case of any facility unit that is newly | 8 |
| constructed,
reconstructed or substantially remodelled after | 9 |
| December 31, 1987, the
requirements of this Section shall apply | 10 |
| beginning on the first day of
occupancy of the facility after | 11 |
| such construction, reconstruction or
substantial remodelling. | 12 |
| The smoke detectors required in such facility
shall be | 13 |
| permanently wired into the structure's AC power line and, if
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| more than one detector is required to be installed within the | 15 |
| facility,
the detectors shall be wired so that the actuation of | 16 |
| one detector will
actuate all the detectors in the facility | 17 |
| unit. | 18 |
| In the case of any facility unit that is newly constructed,
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| reconstructed, or substantially remodeled on or after January | 20 |
| 1, 2011, smoke detectors permanently wired into the structure's | 21 |
| AC power line must also maintain an alternative back-up battery | 22 |
| power source.
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| (f) Compliance with an applicable federal, State or local | 24 |
| law, rule or
building code which requires the installation and | 25 |
| maintenance of smoke
detectors in a manner different from this | 26 |
| Section, but providing a level of
safety for occupants which is |
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HB5821 |
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LRB096 20660 DRJ 36377 b |
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| equal to or greater than that provided by
this Section, shall | 2 |
| be deemed to be compliance with this Section, and the | 3 |
| requirements of
such more stringent law shall govern over the | 4 |
| requirements of this Section.
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| (g) In
the case of a
facility subject to this Act, the | 6 |
| provisions of this Act shall be enforced
by the State agency | 7 |
| which licenses that facility.
The State licensing agency may | 8 |
| suspend the
facility's license for a violation of this Act | 9 |
| where appropriate.
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| (Source: P.A. 85-936.)
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| Section 10. The Smoke Detector Act is amended by changing | 12 |
| Section 3 as follows:
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| (425 ILCS 60/3) (from Ch. 127 1/2, par. 803)
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| Sec. 3.
(a) Every dwelling unit shall be equipped with at | 15 |
| least one
approved smoke detector in an operating condition | 16 |
| within 15 feet of every room
used for sleeping purposes. The | 17 |
| detector shall be installed on the ceiling
and at least 6 | 18 |
| inches from any wall, or on a wall located between 4 and 6
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| inches from the ceiling.
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| (b) Every single family residence shall have at least one | 21 |
| approved smoke
detector installed on every story of the | 22 |
| dwelling unit, including basements
but not including | 23 |
| unoccupied attics. In dwelling units with split levels,
a smoke | 24 |
| detector installed on the upper level shall suffice for the
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LRB096 20660 DRJ 36377 b |
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| adjacent lower level if the lower level is less than one full | 2 |
| story below
the upper level; however, if there is an | 3 |
| intervening door between the
adjacent levels, a smoke detector | 4 |
| shall be installed on each level.
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| (c) Every structure which (1) contains more than one | 6 |
| dwelling unit, or
(2) contains at least one dwelling unit and | 7 |
| is a mixed-use structure, shall
contain at least one approved | 8 |
| smoke detector at the uppermost ceiling of
each interior | 9 |
| stairwell. The detector shall be installed on the ceiling,
at | 10 |
| least 6 inches from the wall, or on a wall located between 4 | 11 |
| and 6
inches from the ceiling.
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| (d) It shall be the responsibility of the owner of a | 13 |
| structure to supply
and install all required detectors. The | 14 |
| owner shall be responsible for
making reasonable efforts to | 15 |
| test and maintain detectors in common
stairwells and hallways. | 16 |
| It shall be the responsibility of a tenant to
test and to | 17 |
| provide general maintenance for the detectors within the
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| tenant's dwelling unit or rooming unit, and to notify the owner | 19 |
| or the
authorized agent of the owner in writing of any | 20 |
| deficiencies which the
tenant cannot correct. The owner shall | 21 |
| be responsible for providing one
tenant per dwelling unit with | 22 |
| written information regarding detector
testing and | 23 |
| maintenance.
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| The tenant shall be responsible for replacement of any | 25 |
| required batteries
in the smoke detectors in the tenant's | 26 |
| dwelling unit, except that the owner
shall ensure that such |
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LRB096 20660 DRJ 36377 b |
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| batteries are in operating condition at the time
the tenant | 2 |
| takes possession of the dwelling unit. The tenant shall provide
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| the owner or the authorized agent of the owner with access to | 4 |
| the dwelling
unit to correct any deficiencies in the smoke | 5 |
| detector which have been
reported in writing to the owner or | 6 |
| the authorized agent of the owner.
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| (e) The requirements of this Section shall apply to any | 8 |
| dwelling unit
in existence on July 1, 1988, beginning on that | 9 |
| date. Except as provided
in subsections (f) and (g), the smoke | 10 |
| detectors required in such dwelling
units may be either battery | 11 |
| powered or wired into the structure's AC power
line, and need | 12 |
| not be interconnected.
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| (f) In the case of any dwelling unit that is newly | 14 |
| constructed,
reconstructed, or substantially remodelled after | 15 |
| December 31, 1987, the
requirements of this Section shall apply | 16 |
| beginning on the first day of
occupancy of the dwelling unit | 17 |
| after such construction, reconstruction or
substantial | 18 |
| remodelling. The smoke detectors required in such dwelling
unit | 19 |
| shall be permanently wired into the structure's AC power line, | 20 |
| and if
more than one detector is required to be installed | 21 |
| within the dwelling
unit, the detectors shall be wired so that | 22 |
| the actuation of one detector
will actuate all the detectors in | 23 |
| the dwelling unit.
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| In the case of any dwelling unit that is newly constructed,
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| reconstructed, or substantially remodeled on or after January | 26 |
| 1, 2011, smoke detectors permanently wired into the structure's |
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LRB096 20660 DRJ 36377 b |
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| AC power line must also maintain an alternative back-up battery | 2 |
| power source. | 3 |
| (g) Every hotel shall be equipped with operational portable
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| smoke-detecting alarm devices for the deaf and hearing impaired | 5 |
| of audible
and visual design, available for units of occupancy.
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| Specialized smoke-detectors for the deaf and hearing | 7 |
| impaired shall be
available upon request by guests in such | 8 |
| hotels at a rate
of at least one such smoke detector per 75 | 9 |
| occupancy units or portions
thereof, not to exceed 5 such smoke | 10 |
| detectors per hotel.
Incorporation or connection into an | 11 |
| existing interior alarm system, so as
to be capable of being | 12 |
| activated by the system, may be utilized in lieu of
the | 13 |
| portable alarms.
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| Operators of any hotel shall post conspicuously at the main | 15 |
| desk a
permanent notice, in letters at least 3 inches in | 16 |
| height, stating that
smoke detector alarm devices for the deaf | 17 |
| and hearing impaired are
available. The proprietor may require | 18 |
| a refundable deposit for a portable
smoke detector not to | 19 |
| exceed the cost of the detector.
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| (h) Compliance with an applicable federal, State or local | 21 |
| law or
building code which requires the installation and | 22 |
| maintenance of smoke
detectors in a manner different from this | 23 |
| Section, but providing a level of
safety for occupants which is | 24 |
| equal to or greater than that provided by
this Section, shall | 25 |
| be deemed to be in compliance with this Section, and
the | 26 |
| requirements of such more stringent law shall govern over the
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HB5821 |
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LRB096 20660 DRJ 36377 b |
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| requirements of this Section.
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| (Source: P.A. 85-1404.)
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| Section 99. Effective date. This Act takes effect January | 4 |
| 1, 2011.
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