Public Act 100-0200
 
HB3773 EnrolledLRB100 10423 MJP 20626 b


  
    AN ACT concerning safety.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  



 
 
    Section 5. The Smoke Detector Act is amended  by changing 
Sections 3 and 4 as follows:
 



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



    Sec. 3. 
(a) Every dwelling unit or hotel shall be equipped 
with at least one
approved smoke detector in an operating 
condition within 15 feet of every room
used for sleeping 
purposes.  The detector shall be installed on the ceiling
and at 
least 6 inches from any wall, or on a wall located between 4 
and 6
inches from the ceiling.

    (b) Every single family residence shall have at least one 
approved smoke
detector installed on every story of the 
dwelling unit, including basements
but not including 
unoccupied attics.  In dwelling units with split levels,
a smoke 
detector installed on the upper level shall suffice for the

adjacent lower level if the lower level is less than one full 
story below
the upper level; however, if there is an 
intervening door between the
adjacent levels, a smoke detector 
shall be installed on each level.

    (c) Every structure which (1) contains more than one 
dwelling unit, or
(2) contains at least one dwelling unit and 
is a mixed-use structure, shall
contain at least one approved 
smoke detector at the uppermost ceiling of
each interior 
stairwell.  The detector shall be installed on the ceiling,
at 
least 6 inches from the wall, or on a wall located between 4 
and 6
inches from the ceiling.

    (d) It shall be the responsibility of the owner of a 
structure to supply
and install all required detectors.  The 
owner shall be responsible for
making reasonable efforts to 
test and maintain detectors in common
stairwells and hallways.  
It shall be the responsibility of a tenant to
test and to 
provide general maintenance for the detectors 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 which the
tenant cannot correct.  The owner shall 
be responsible for providing one
tenant per dwelling unit with 
written information regarding detector
testing and 
maintenance.

    The tenant shall be responsible for replacement of any 
required batteries
in the smoke detectors in the tenant's 
dwelling unit, except that the owner
shall ensure that such 
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 smoke 
detector which have been
reported in writing to the owner or 
the authorized agent of the owner.

    (e) The requirements of this Section shall apply to any 
dwelling unit
in existence on July 1, 1988, beginning on that 
date.  Except as provided
in subsections (f) and (g),  the smoke 
detectors required in such dwelling
units may be either: 
battery powered provided the battery is a self-contained, 
non-removable, long term battery, or wired into the structure's 
AC power
line, and need not be interconnected.

        (1) The battery requirements of this Section shall 
    apply to battery powered smoke detectors that: (A) are in 
    existence and exceed 10 years from the date of their being 
    manufactured; (B) fails to respond to operability tests or 
    otherwise malfunctions; or (C) are newly installed.
        (2) The battery requirements of this Section do not 
    apply to: (A) a fire alarm, smoke detector, smoke alarm, or 
    ancillary component that is electronically connected as a 
    part of a centrally monitored or supervised alarm system; 
    (B) a fire alarm, smoke detector, smoke alarm, or ancillary 
    component that uses: (i) a low-power radio frequency 
    wireless communication signal, or (ii) Wi-Fi or other 
    wireless Local Area Networking capability to send and 
    receive notifications to and from the Internet, such as 
    early low battery warnings before the device reaches a 
    critical low power level; or (C) such other devices as the 
    State Fire Marshal shall designate through its regulatory 
    process. 
    (f) In the case of any dwelling unit that is newly 
constructed,
reconstructed, or substantially remodelled after 
December 31, 1987, the
requirements of this Section shall apply 
beginning on the first day of
occupancy of the dwelling unit 
after such construction, reconstruction or
substantial 
remodelling.  The smoke detectors required in such dwelling
unit 
shall be permanently wired into the structure's AC power line, 
and if
more than one detector is required to be installed 
within the dwelling
unit, the detectors shall be wired so that 
the actuation of one detector
will actuate all the detectors in 
the dwelling unit.

    In the case of any dwelling unit that is newly constructed,

reconstructed, or substantially remodeled on or after January 
1, 2011, smoke detectors permanently wired into the structure's 
AC power line must also maintain an alternative back-up power 
source, which may be either a battery or batteries or an 
emergency generator. 
    (g) Every hotel shall be equipped with operational portable

smoke-detecting alarm devices for the deaf and hearing impaired 
of audible
and visual design, available for units of occupancy.

    Specialized smoke-detectors for the deaf and hearing 
impaired shall be
available upon request by guests in such 
hotels at a rate
of at least one such smoke detector per 75 
occupancy units or portions
thereof, not to exceed 5 such smoke 
detectors per hotel.
Incorporation or connection into an 
existing interior alarm system, so as
to be capable of being 
activated by the system, may be utilized in lieu of
the 
portable alarms.

    Operators of any hotel shall post conspicuously at the main 
desk a
permanent notice, in letters at least 3 inches in 
height, stating that
smoke detector alarm devices for the deaf 
and hearing impaired are
available.  The proprietor may require 
a refundable deposit for a portable
smoke detector not to 
exceed the cost of the detector.

    (g-5) A hotel, as defined in this Act, shall be responsible 
for installing and maintaining smoke detecting equipment. 
    (h) Compliance with an applicable federal, State or local 
law or
building code which requires the installation and 
maintenance of smoke
detectors in a manner different from this 
Section, but providing a level of
safety for occupants which is 
equal to or greater than that provided by
this Section, shall 
be deemed to be in compliance with this Section, and
the 
requirements of such more stringent law shall govern over the

requirements of this Section.

    (i) The requirements of this Section shall not apply to 
dwelling units and hotels within municipalities with a 
population over 1,000,000 inhabitants. 
(Source: P.A. 96-1292, eff. 1-1-11; 97-447, eff. 1-1-12.)

 



    (425 ILCS 60/4)  (from Ch. 127 1/2, par. 804)



    Sec. 4. 
(a) Except as provided in subsection (c), willful 
Willful failure to install or maintain in operating condition 
any
smoke detector required by this Act shall be a Class B 
misdemeanor.

    (b) Except as provided in subsection (c), tampering 
Tampering with, removing, destroying, disconnecting or 
removing the
batteries from any installed smoke detector, 
except  in the course of
inspection, maintenance or replacement 
of the detector,
shall be 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.

    (c)  A party in violation of the battery requirements of 
subsection (e) of Section 3 of this Act shall be provided with 
90 day's warning with which to rectify that violation. If that 
party fails to rectify the violation within that 90 day period, 
he or she may be assessed a fine of up to $100, and may be fined 
$100 every 30 days thereafter until either the violation is 
rectified or the cumulative amount of fines assessed reaches 
$1,500. The provisions of subsection (a) and (b) of this 
Section shall apply only after the penalty provided under this 
subsection (c) has been exhausted to the extent that a 
violating party has reached the $1,500 cumulative fine 
threshold and has failed to rectify the violation. 
    If the alleged violation has been corrected prior to or on 
the date of the hearing scheduled to adjudicate the alleged 
violation, then the violation shall be dismissed 
(Source: P.A. 85-143.)

 
 
    Section 99. Effective date. This Act takes effect January 
1, 2023.