Illinois General Assembly - Full Text of HB3233
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Full Text of HB3233  99th General Assembly




State of Illinois
2015 and 2016


Introduced , by Rep. Daniel J. Burke


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

    Amends the Smoke Detector Act. In a Section concerning the requirements of smoke detectors installed in a dwelling unit, provides that if a smoke detector is battery powered, then the battery must be non-replaceable, non-removable, and capable of powering the detector for a minimum of 10 years. Creates an exemption for dwelling units and hotels within municipalities with a population over 1,000,000 inhabitants. Effective on January 1, 2016.

LRB099 09079 MGM 29269 b






HB3233LRB099 09079 MGM 29269 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 battery
5powered, provided the battery is non-replaceable,
6non-removable, and capable of powering the detector for a
7minimum of 10 years, or wired into the structure's AC power
8line, and need not be interconnected.
9    (f) In the case of any dwelling unit that is newly
10constructed, reconstructed, or substantially remodelled after
11December 31, 1987, the requirements of this Section shall apply
12beginning on the first day of occupancy of the dwelling unit
13after such construction, reconstruction or substantial
14remodelling. The smoke detectors required in such dwelling unit
15shall be permanently wired into the structure's AC power line,
16and if more than one detector is required to be installed
17within the dwelling unit, the detectors shall be wired so that
18the actuation of one detector will actuate all the detectors in
19the dwelling unit.
20    In the case of any dwelling unit that is newly constructed,
21reconstructed, or substantially remodeled on or after January
221, 2011, smoke detectors permanently wired into the structure's
23AC power line must also maintain an alternative back-up power
24source, which may be either a battery or batteries or an
25emergency generator.
26    (g) Every hotel shall be equipped with operational portable



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



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1    (i) The requirements of this Section shall not apply to
2dwelling units and hotels within municipalities with a
3population over 1,000,000 inhabitants.
4(Source: P.A. 96-1292, eff. 1-1-11; 97-447, eff. 1-1-12.)
5    Section 99. Effective date. This Act takes effect January
61, 2016.