Full Text of SB1161 103rd General Assembly
SB1161sam001 103RD GENERAL ASSEMBLY | Sen. Craig Wilcox Filed: 4/11/2024 | | 10300SB1161sam001 | | LRB103 05654 BDA 71605 a |
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| 1 | | AMENDMENT TO SENATE BILL 1161
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1161 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 1. Short title. This Act may be cited as the Fuel | 5 | | Gas Detector Act. | 6 | | Section 5. Definitions. | 7 | | As used in this Act: | 8 | | "Dwelling unit" means a room or suite of rooms used for | 9 | | human habitation and includes a single family residence as | 10 | | well as each living unit of a multiple family residence and | 11 | | each living unit in a mixed-use building. | 12 | | "Fuel gas detector" means a device that: | 13 | | (1) has an assembly that incorporates a sensor control | 14 | | component that detects elevated levels of propane, natural | 15 | | gas, or liquefied petroleum gas; | 16 | | (2) sounds a warning alarm when elevated levels of |
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| 1 | | propane, natural gas, or liquefied petroleum gas are | 2 | | detected; | 3 | | (3) is approved or listed by a nationally recognized | 4 | | independent testing laboratory; and | 5 | | (4) is battery-operated, plugged into an electrical | 6 | | outlet, or hardwired. | 7 | | Section 10. Fuel gas detector required. The owner of any | 8 | | of the following buildings shall install, or cause to be | 9 | | installed, in accordance with the manufacturer's requirements, | 10 | | at least one fuel gas detector in the rooms in the building in | 11 | | which there is located an appliance fueled by propane, natural | 12 | | gas, or liquefied petroleum gas: | 13 | | (1) A structure in which one or more dwelling units | 14 | | are located. | 15 | | (2) A fraternity house, sorority house, or dormitory | 16 | | that is affiliated with an educational facility or entity. | 17 | | (3) A children's home, emergency children's shelter, | 18 | | children's residential care facility, shelter for homeless | 19 | | children, or specialized children's home. | 20 | | (4) A hotel as defined in Section 2 of the Hotel | 21 | | Operators' Occupation Tax Act. | 22 | | Section 15. Residential rental units. The following | 23 | | requirements apply to a residential rental unit occupied under | 24 | | the terms of a rental agreement or under a month-to-month |
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| 1 | | tenancy: | 2 | | (1) At the beginning of each occupancy, the owner of | 3 | | the building shall provide fuel gas detectors in | 4 | | accordance with Section 10 if fuel gas detectors are not | 5 | | already present. Each fuel gas detector must be in working | 6 | | condition. After notification, in writing, by the tenant | 7 | | of any deficiencies in a fuel gas detector, the owner of | 8 | | the building shall repair or replace the fuel gas | 9 | | detector. If the owner does not know and has not been | 10 | | notified of the need to repair or replace a fuel gas | 11 | | detector, the owner's failure to repair or replace the | 12 | | fuel gas detector may not be considered evidence of | 13 | | negligence in a subsequent civil action arising from | 14 | | death, property loss, or personal injury. | 15 | | (2) The tenant shall keep each fuel gas detector | 16 | | within the tenant's unit in working condition by keeping | 17 | | the fuel gas detector connected to the electrical service | 18 | | in the building or keeping charged batteries in a | 19 | | battery-operated fuel gas detector, testing the fuel gas | 20 | | detector periodically, and refraining from disabling the | 21 | | fuel gas detector. | 22 | | Section 20. Transfer of building. | 23 | | (a) A person who, after January 1, 2025, acquires by sale | 24 | | or exchange a building listed in paragraph (1) of Section 10 | 25 | | shall install fuel gas detectors in accordance with Section 10 |
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| 1 | | in the acquired building within 30 days after the acquisition | 2 | | or occupancy of the building, whichever is later, if fuel gas | 3 | | detectors that satisfy the requirements of Section 10 are not | 4 | | already present, and shall certify at the closing of the | 5 | | transaction that fuel gas detectors will be installed. The | 6 | | certification must be signed and dated by the person acquiring | 7 | | the building. A fuel gas detector must be installed, in | 8 | | accordance with the manufacturer's installation requirements, | 9 | | in each area containing an appliance fueled by propane, | 10 | | natural gas, or liquefied petroleum gas. | 11 | | (b) A person does not have a claim for relief against a | 12 | | property owner, a property purchaser, an authorized agent of a | 13 | | property owner or purchaser, a person in possession of real | 14 | | property, a closing agent, or a lender for any damages | 15 | | resulting from the operation, maintenance, or effectiveness of | 16 | | a fuel gas detector installed in accordance with this Act. | 17 | | (c) Violation of this Section does not create a defect in | 18 | | title. | 19 | | Section 25. Penalties. | 20 | | (a) A person who violates this Act is liable for a civil | 21 | | penalty, set by local ordinance. A court may waive any civil | 22 | | penalty or cost against a violator upon satisfactory proof | 23 | | that the violation was corrected within 30 days after notice | 24 | | of the violation was first provided. | 25 | | (b) In addition to any penalties under subsection (a), the |
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| 1 | | duties and restrictions created under this Act may be enforced | 2 | | by the Attorney General, a State's Attorney, or a municipal | 3 | | attorney, by filing a petition for equitable relief in any | 4 | | court of competent jurisdiction. | 5 | | Section 30. Liability. Nothing in this Act gives rise to | 6 | | any action against a building owner required to comply with | 7 | | Sections 10 and 15 if the owner has conducted an inspection of | 8 | | the required fuel gas detectors immediately after their | 9 | | installation and has reinspected the fuel gas detectors prior | 10 | | to occupancy by each new tenant, unless the owner has been | 11 | | given at least 24 hours' actual notice of a defect or failure | 12 | | of a fuel gas detector's proper operation and has failed to | 13 | | take action to correct the defect or failure. | 14 | | Section 35. Noninterference. A person may not knowingly | 15 | | interfere with or make inoperative any fuel gas detector | 16 | | required by this Act, except that the owner or the agent of an | 17 | | owner of a building may temporarily disconnect a fuel gas | 18 | | detector in a dwelling unit or common area only for | 19 | | construction or rehabilitation activities when such activities | 20 | | are likely to activate the fuel gas detector or make it | 21 | | inactive. The fuel gas detector must be immediately | 22 | | reconnected at the cessation of construction or rehabilitation | 23 | | activities each day, regardless of the intent to return to | 24 | | construction or rehabilitation activities on any succeeding |
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| 1 | | day. | 2 | | Section 99. Effective date. This Act takes effect January | 3 | | 1, 2025.". |
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