Public Act 094-0741
 		





HB5284 Enrolled
LRB094 17775 LCT 53074 b






    AN ACT concerning safety.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:

 
    Section 1. Short title. This Act may be cited as the Carbon 
Monoxide Alarm Detector Act.
 
    Section 5. Definitions. In this Act:
    "Approved carbon monoxide alarm" or "alarm" means a carbon 
monoxide alarm that complies with all the requirements of the 
rules and regulations of the Illinois State Fire Marshal, bears 
the label of a nationally recognized testing laboratory, and 
complies with the most recent standards of the Underwriters 
Laboratories or the Canadian Standard Association.  
    "Dwelling unit" means a room or suite of rooms used for 
human habitation, and includes a single family residence as 
well as each living unit of a multiple family residence and 
each living unit in a mixed use building.    
 
    Section 10. Carbon monoxide detector. 
    (a) Every dwelling unit shall be equipped with at least one 
approved carbon monoxide alarm in an operating condition within 
15 feet of every room used for sleeping purposes. The carbon 
monoxide alarm  may be combined with smoke detecting devices 
provided that the combined unit complies with the respective 
provisions of the administrative code, reference standards, 
and departmental rules relating to both smoke detecting devices 
and carbon monoxide alarms and provided that the combined unit 
emits an alarm in a manner that clearly differentiates the 
hazard.  
    (b) Every structure that contains more than one dwelling 
unit shall contain at least one approved carbon monoxide alarm 
in operating condition within 15 feet of every room used for 
sleeping purposes.  
    (c) It is the responsibility of the owner
 of a structure to 
supply and install all required
 alarms. It is  the 
responsibility of a tenant to test and to provide
 general 
maintenance for the alarms within the
 tenant's dwelling unit or 
rooming unit, and to notify
 the owner or the authorized agent 
of the owner in
 writing of any deficiencies that the tenant 
cannot
 correct.   The owner is responsible for providing
 one 
tenant per dwelling unit with written information
 regarding 
alarm testing and maintenance.
    The tenant is responsible for replacement
 of any required 
batteries in the carbon monoxide alarms in
 the tenant's 
dwelling unit, except that the owner
 shall ensure that the 
batteries are in operating
 condition at the time the tenant 
takes possession of
 the dwelling unit. The tenant shall provide 
the owner
 or the authorized agent of the owner with access to
 
the dwelling unit to correct any deficiencies in the
 carbon 
monoxide alarm that have been reported in writing to
 the owner 
or the authorized agent of the owner.  
    (d) The carbon monoxide alarms required
 under this Act may 
be either battery powered, plug-in with battery back-up,
 or 
wired into the structure's AC power line with secondary battery 
back-up.  
 
    Section 15. Violation. 
    (a) Willful failure to install or
 maintain in operating 
condition any carbon monoxide alarm
 required by this Act is a 
Class B misdemeanor.  
    (b) Tampering with, removing, destroying,
 disconnecting, 
or removing the batteries from any
 installed carbon monoxide 
alarm, except in the course of
 inspection, maintenance, or 
replacement of the
 alarm, is a Class A misdemeanor in the case
 
of a first conviction and a Class 4 felony in the
 case of a 
second or subsequent conviction.

 
    Section 20. Exemptions. The following residential units 
shall not require carbon monoxide detectors:
        (1) A residential unit in a building that: (i) does not 
    rely on combustion of fossil fuel for heat, ventilation, or 
    hot water; (ii) is not connected in any way to a garage; 
    and (iii) is not sufficiently close to any ventilated 
    source of carbon monoxide, as determined by the local 
    building commissioner, to receive carbon monoxide from 
    that source.
        (2) A residential unit that is not sufficiently close 
    to any source of carbon monoxide so as to be at risk of 
    receiving carbon monoxide from that source, as determined 
    by the local building commissioner.



Effective Date:  1/1/2007