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| Public Act 094-0741 |
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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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
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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
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of a first conviction and a Class 4 felony in the
case of a | ||
second or subsequent conviction.
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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. | ||