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Public Act 102-0046
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| HB0051 Enrolled | LRB102 03963 CPF 13979 b |
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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 5. The Smoke Detector Act is amended by changing |
Section 3 as follows:
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(425 ILCS 60/3) (from Ch. 127 1/2, par. 803)
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(Text of Section before amendment by P.A. 100-200)
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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.
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(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.
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(c) Every structure which (1) contains more than one |
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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.
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(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 or wired into the structure's AC power
line, |
and need not be interconnected.
|
(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 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.
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(Source: P.A. 96-1292, eff. 1-1-11; 97-447, eff. 1-1-12; |
revised 8-19-20.)
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(Text of Section after amendment by P.A. 100-200)
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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 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 battery powered smoke detectors |
that: (A) are in existence and exceed 10 years from the |
date of their being manufactured; (B) fail fails to |
respond to operability tests or otherwise malfunction |
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 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) (Blank). 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. 100-200, eff. 1-1-23; revised 8-19-20.)
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Section 95. No acceleration or delay. Where this Act makes |
changes in a statute that is represented in this Act by text |
that is not yet or no longer in effect (for example, a Section |
represented by multiple versions), the use of that text does |
not accelerate or delay the taking effect of (i) the changes |