Illinois General Assembly - Full Text of HB3773
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Full Text of HB3773  100th General Assembly




State of Illinois
2017 and 2018


Introduced , by Rep. Kathleen Willis


425 ILCS 60/3  from Ch. 127 1/2, par. 803

    Amends the Smoke Detector Act. Provides that the battery for specified battery powered smoke detectors must be a self-contained long term battery if specified conditions occur. Provides that specified battery requirements do not apply to fire alarms, smoke detectors, smoke alarms, or ancillary components electronically connected to specified alarm systems; that use a low-power radio frequency wireless communication signal; that uses Wi-Fi or other Wireless Local Area Networking capability to send and receive specified notifications; or to devices as designated by the State Fire Marshal. Effective January 1, 2018.

LRB100 10423 MJP 20626 b






HB3773LRB100 10423 MJP 20626 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
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:
5battery powered provided the battery is a self-contained long
6term battery, or wired into the structure's AC power line, and
7need not be interconnected.
8        (1) The battery requirements of this Section shall
9    apply to battery powered smoke detectors that: (A) are in
10    existence and exceed 10 years from the date of their being
11    manufactured; (B) fails to respond to operability tests or
12    otherwise malfunctions; or (C) are newly installed.
13        (2) The battery requirements of this Section do not
14    apply to: (A) a fire alarm, smoke detector, smoke alarm, or
15    ancillary component that is electronically connected as a
16    part of a centrally monitored or supervised alarm system;
17    (B) a fire alarm, smoke detector, smoke alarm, or ancillary
18    component that uses: (i) a low-power radio frequency
19    wireless communication signal, or (ii) Wi-Fi or other
20    wireless Local Area Networking capability to send and
21    receive notifications to and from the Internet, such as
22    early low battery warnings before the device reaches a
23    critical low power level; or (C) such other devices as the
24    State Fire Marshal shall designate through its regulatory
25    process.
26    (f) In the case of any dwelling unit that is newly



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1constructed, reconstructed, or substantially remodelled after
2December 31, 1987, the requirements of this Section shall apply
3beginning on the first day of occupancy of the dwelling unit
4after such construction, reconstruction or substantial
5remodelling. The smoke detectors required in such dwelling unit
6shall be permanently wired into the structure's AC power line,
7and if more than one detector is required to be installed
8within the dwelling unit, the detectors shall be wired so that
9the actuation of one detector will actuate all the detectors in
10the dwelling unit.
11    In the case of any dwelling unit that is newly constructed,
12reconstructed, or substantially remodeled on or after January
131, 2011, smoke detectors permanently wired into the structure's
14AC power line must also maintain an alternative back-up power
15source, which may be either a battery or batteries or an
16emergency generator.
17    (g) Every hotel shall be equipped with operational portable
18smoke-detecting alarm devices for the deaf and hearing impaired
19of audible and visual design, available for units of occupancy.
20    Specialized smoke-detectors for the deaf and hearing
21impaired shall be available upon request by guests in such
22hotels at a rate of at least one such smoke detector per 75
23occupancy units or portions thereof, not to exceed 5 such smoke
24detectors per hotel. Incorporation or connection into an
25existing interior alarm system, so as to be capable of being
26activated by the system, may be utilized in lieu of the



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1portable alarms.
2    Operators of any hotel shall post conspicuously at the main
3desk a permanent notice, in letters at least 3 inches in
4height, stating that smoke detector alarm devices for the deaf
5and hearing impaired are available. The proprietor may require
6a refundable deposit for a portable smoke detector not to
7exceed the cost of the detector.
8    (g-5) A hotel, as defined in this Act, shall be responsible
9for installing and maintaining smoke detecting equipment.
10    (h) Compliance with an applicable federal, State or local
11law or building code which requires the installation and
12maintenance of smoke detectors in a manner different from this
13Section, but providing a level of safety for occupants which is
14equal to or greater than that provided by this Section, shall
15be deemed to be in compliance with this Section, and the
16requirements of such more stringent law shall govern over the
17requirements of this Section.
18    (i) The requirements of this Section shall not apply to
19dwelling units and hotels within municipalities with a
20population over 1,000,000 inhabitants.
21(Source: P.A. 96-1292, eff. 1-1-11; 97-447, eff. 1-1-12.)
22    Section 99. Effective date. This Act takes effect January
231, 2018.