Illinois General Assembly - Full Text of SB2837
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Full Text of SB2837  99th General Assembly


Sen. Ira I. Silverstein

Filed: 3/22/2016





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2    AMENDMENT NO. ______. Amend Senate Bill 2837 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
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:
12battery powered provided the battery is non-replaceable,
13non-removable, and capable of powering the detector for a
14minimum of 10 years, or wired into the structure's AC power
15line, and need not be interconnected.
16        (1) The battery requirements of this Section shall
17    apply to battery powered smoke detectors that: (A) are in
18    existence and exceed 10 years from the date of their being
19    manufactured; (B) fails to respond to operability tests or
20    otherwise malfunctions; or (C) are newly installed.
21        (2) The battery requirements of this Section do not
22    apply to: (A) a fire alarm, smoke detector, smoke alarm, or
23    ancillary component that is electronically connected as a
24    part of a centrally monitored or supervised alarm system;
25    (B) a fire alarm, smoke detector, smoke alarm, or ancillary
26    component that uses: (i) a low-power radio frequency



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1    wireless communication signal, or (ii) Wi-Fi or other
2    wireless Local Area Networking capability to send and
3    receive notifications to and from the Internet, such as
4    early low battery warnings before the device reaches a
5    critical low power level; or (C) such other devices as the
6    State Fire Marshal shall designate through its regulatory
7    process.
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



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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    (i) The requirements of this Section shall not apply to



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1dwelling units and hotels within municipalities with a
2population over 1,000,000 inhabitants.
3(Source: P.A. 96-1292, eff. 1-1-11; 97-447, eff. 1-1-12.)
4    Section 99. Effective date. This Act takes effect January
51, 2017.".