Public Act 096-1292
 
SB3097 EnrolledLRB096 16649 DRJ 31930 b

    AN ACT concerning safety.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Facilities Requiring Smoke Detectors Act is
amended by changing Section 2 as follows:
 
    (425 ILCS 10/2)  (from Ch. 127 1/2, par. 822)
    Sec. 2. (a) Every facility 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 facility shall have at least one approved smoke
detector installed on every story of the facility, including
basements but not including unoccupied attics; provided that
there shall be at least one detector at the beginning and at
the end of each separate corridor or hallway 200 feet or more
in length in any occupied story, including basements.
    (c) Every facility shall have at least one approved smoke
detector at the uppermost ceiling of each interior stairwell,
except in fire resistive structures. 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) The requirements of this Section shall apply to any
facility in existence on July 1, 1988, beginning on that date.
Except as provided in subsection (e), the smoke detectors
required in such facilities may be either battery powered or
wired into the structure's AC power line, and need not be
interconnected.
    (e) In the case of any facility 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 facility after
such construction, reconstruction or substantial remodelling.
The smoke detectors required in such facility shall be
permanently wired into the structure's AC power line and, if
more than one detector is required to be installed within the
facility, the detectors shall be wired so that the actuation of
one detector will actuate all the detectors in the facility
unit.
    In the case of any facility 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.
    (f) Compliance with an applicable federal, State or local
law, rule 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 compliance with this Section, and the
requirements of such more stringent law shall govern over the
requirements of this Section.
    (g) In the case of a facility subject to this Act, the
provisions of this Act shall be enforced by the State agency
which licenses that facility. The State licensing agency may
suspend the facility's license for a violation of this Act
where appropriate.
(Source: P.A. 85-936.)
 
    Section 10. The Smoke Detector Act is amended by changing
Section 3 as follows:
 
    (425 ILCS 60/3)  (from Ch. 127 1/2, par. 803)
    Sec. 3. (a) Every dwelling unit 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 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 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.
    (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.
(Source: P.A. 85-1404.)
 
    Section 99. Effective date. This Act takes effect January
1, 2011.