SB0487sam001 95TH GENERAL ASSEMBLY

Sen. Don Harmon

Filed: 4/27/2007

09500SB0487sam001 LRB095 09015 WGH 35613 a

AMENDMENT TO SENATE BILL 487

AMENDMENT NO. ______. Amend Senate Bill 487 by replacing everything after the enacting clause with the following:

"Section 5. The Carbon Monoxide Alarm Detector Act is amended by changing Sections 1, 5, 10, 15, and 20 as follows:

(430 ILCS 135/1)

Sec. 1. Short title. This Act may be cited as the Carbon Monoxide Detector and Alarm Detector Act.

(Source: P.A. 94-741, eff. 1-1-07.)

(430 ILCS 135/5)

Sec. 5. Definitions. In this Act:

"Carbon Approved carbon monoxide alarm" or "alarm" means either (1) an integrated carbon monoxide detector and alarm or (2) an alarm connected to a carbon monoxide detector or detectors located in proximity to a source of carbon monoxide, provided that in either case all such alarms and detectors comply with applicable a carbon monoxide alarm that complies with all the requirements of the rules and regulations of the Illinois State Fire Marshal, bear bears the label of a nationally recognized testing laboratory, and comply complies with the most recent standards of the Underwriters Laboratories or the Canadian Standard Association. A carbon monoxide alarm may be combined with smoke detecting devices, as defined in the Smoke Detector Act, provided that the combined unit complies with the respective provisions of the Illinois 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. A carbon monoxide alarm may be battery powered, plugged into an electrical outlet within the dwelling unit with secondary battery back-up, or wired into the structure's dwelling unit's AC power line with secondary battery back-up.

"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, hotel, or residential health care facility.

"Hotel" means any building or buildings maintained, advertised, or held out to the public to be a place where lodging is offered for consideration to travelers and guests. "Hotel" includes inns, motels, tourist homes or courts, bed and breakfast establishments and lodging houses.

(Source: P.A. 94-741, eff. 1-1-07.)

(430 ILCS 135/10)

Sec. 10. Carbon monoxide alarm detector.

(a) Every dwelling unit shall be equipped with:

(1) at least one approved carbon monoxide alarm in an operating condition within 15 feet of every room used for sleeping purposes; or

(2) a carbon monoxide alarm proximate to each source of carbon monoxide and monitored at all times by on-site personnel charged, pursuant to written protocols, with initiating an orderly evacuation of the building in the event that the alarm sounds, unless a local fire department has investigated the building and determined that an evacuation is not warranted. 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) (Blank). 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 dwelling unit structure to supply and install all required carbon monoxide alarms and to provide general maintenance for the alarms.

(c-5) Notwithstanding the foregoing, in the case of a dwelling unit leased to a tenant pursuant to a written lease, it 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, unless otherwise specified in the lease. The owner is responsible for providing one tenant per dwelling unit with written information regarding carbon monoxide 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) (Blank). 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.

(Source: P.A. 94-741, eff. 1-1-07.)

(430 ILCS 135/15)

Sec. 15. Violation.

(a) Willful failure to install or maintain in operating condition any carbon monoxide alarm required by this Act is a petty offense. A violation of this subsection shall constitute a separate offense for each affected room that is used for sleeping purposes 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.

(c) Enforcement of the provisions of this Act may be carried out by the Office of the State Fire Marshal and any unit of local government that is authorized to enforce building or fire prevention codes.

(Source: P.A. 94-741, eff. 1-1-07.)

(430 ILCS 135/20)

Sec. 20. Exemptions. The following dwelling residential units shall not require carbon monoxide alarms detectors:

(1) A dwelling 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 an attached a garage; and (iii) is not sufficiently close to any ventilated source of carbon monoxide so as , as determined by the local building commissioner, to receive carbon monoxide from that source.

(2) A dwelling 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.

(Source: P.A. 94-741, eff. 1-1-07.)".