Illinois General Assembly - Full Text of HB0051
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB0051  102nd General Assembly

HB0051eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB0051 EngrossedLRB102 03963 CPF 13979 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Smoke Detector Act is amended by changing
5Section 3 as follows:
 
6    (425 ILCS 60/3)  (from Ch. 127 1/2, par. 803)
7    (Text of Section before amendment by P.A. 100-200)
8    Sec. 3. (a) Every dwelling unit or hotel shall be equipped
9with at least one approved smoke detector in an operating
10condition within 15 feet of every room used for sleeping
11purposes. The detector shall be installed on the ceiling and
12at least 6 inches from any wall, or on a wall located between 4
13and 6 inches from the ceiling.
14    (b) Every single family residence shall have at least one
15approved smoke detector installed on every story of the
16dwelling unit, including basements but not including
17unoccupied attics. In dwelling units with split levels, a
18smoke detector installed on the upper level shall suffice for
19the adjacent lower level if the lower level is less than one
20full story below the upper level; however, if there is an
21intervening door between the adjacent levels, a smoke detector
22shall be installed on each level.
23    (c) Every structure which (1) contains more than one

 

 

HB0051 Engrossed- 2 -LRB102 03963 CPF 13979 b

1dwelling unit, or (2) contains at least one dwelling unit and
2is a mixed-use structure, shall contain at least one approved
3smoke detector at the uppermost ceiling of each interior
4stairwell. The detector shall be installed on the ceiling, at
5least 6 inches from the wall, or on a wall located between 4
6and 6 inches from the ceiling.
7    (d) It shall be the responsibility of the owner of a
8structure to supply and install all required detectors. The
9owner shall be responsible for making reasonable efforts to
10test and maintain detectors in common stairwells and hallways.
11It shall be the responsibility of a tenant to test and to
12provide general maintenance for the detectors within the
13tenant's dwelling unit or rooming unit, and to notify the
14owner or the authorized agent of the owner in writing of any
15deficiencies which the tenant cannot correct. The owner shall
16be responsible for providing one tenant per dwelling unit with
17written information regarding detector testing and
18maintenance.
19    The tenant shall be responsible for replacement of any
20required batteries in the smoke detectors in the tenant's
21dwelling unit, except that the owner shall ensure that such
22batteries are in operating condition at the time the tenant
23takes possession of the dwelling unit. The tenant shall
24provide the owner or the authorized agent of the owner with
25access to the dwelling unit to correct any deficiencies in the
26smoke detector which have been reported in writing to the

 

 

HB0051 Engrossed- 3 -LRB102 03963 CPF 13979 b

1owner or the authorized agent of the owner.
2    (e) The requirements of this Section shall apply to any
3dwelling unit in existence on July 1, 1988, beginning on that
4date. Except as provided in subsections (f) and (g), the smoke
5detectors required in such dwelling units may be either
6battery powered or wired into the structure's AC power line,
7and need not be interconnected.
8    (f) In the case of any dwelling unit that is newly
9constructed, reconstructed, or substantially remodelled after
10December 31, 1987, the requirements of this Section shall
11apply beginning on the first day of occupancy of the dwelling
12unit after such construction, reconstruction or substantial
13remodelling. The smoke detectors required in such dwelling
14unit shall be permanently wired into the structure's AC power
15line, and if more than one detector is required to be installed
16within the dwelling unit, the detectors shall be wired so that
17the actuation of one detector will actuate all the detectors
18in the dwelling unit.
19    In the case of any dwelling unit that is newly
20constructed, reconstructed, or substantially remodeled on or
21after January 1, 2011, smoke detectors permanently wired into
22the structure's AC power line must also maintain an
23alternative back-up power source, which may be either a
24battery or batteries or an emergency generator.
25    (g) Every hotel shall be equipped with operational
26portable smoke-detecting alarm devices for the deaf and

 

 

HB0051 Engrossed- 4 -LRB102 03963 CPF 13979 b

1hearing impaired of audible and visual design, available for
2units of occupancy.
3    Specialized smoke detectors smoke-detectors for the deaf
4and hearing impaired shall be available upon request by guests
5in such hotels at a rate of at least one such smoke detector
6per 75 occupancy units or portions thereof, not to exceed 5
7such smoke detectors per hotel. Incorporation or connection
8into an existing interior alarm system, so as to be capable of
9being activated by the system, may be utilized in lieu of the
10portable alarms.
11    Operators of any hotel shall post conspicuously at the
12main desk a permanent notice, in letters at least 3 inches in
13height, stating that smoke detector alarm devices for the deaf
14and hearing impaired are available. The proprietor may require
15a refundable deposit for a portable smoke detector not to
16exceed the cost of the detector.
17    (g-5) A hotel, as defined in this Act, shall be
18responsible for installing and maintaining smoke detecting
19equipment.
20    (h) Compliance with an applicable federal, State, or local
21law or building code which requires the installation and
22maintenance of smoke detectors in a manner different from this
23Section, but providing a level of safety for occupants which
24is equal to or greater than that provided by this Section,
25shall be deemed to be in compliance with this Section, and the
26requirements of such more stringent law shall govern over the

 

 

HB0051 Engrossed- 5 -LRB102 03963 CPF 13979 b

1requirements of this Section.
2(Source: P.A. 96-1292, eff. 1-1-11; 97-447, eff. 1-1-12;
3revised 8-19-20.)
 
4    (Text of Section after amendment by P.A. 100-200)
5    Sec. 3. (a) Every dwelling unit or hotel shall be equipped
6with at least one approved smoke detector in an operating
7condition within 15 feet of every room used for sleeping
8purposes. The detector shall be installed on the ceiling and
9at least 6 inches from any wall, or on a wall located between 4
10and 6 inches from the ceiling.
11    (b) Every single family residence shall have at least one
12approved smoke detector installed on every story of the
13dwelling unit, including basements but not including
14unoccupied attics. In dwelling units with split levels, a
15smoke detector installed on the upper level shall suffice for
16the adjacent lower level if the lower level is less than one
17full story below the upper level; however, if there is an
18intervening door between the adjacent levels, a smoke detector
19shall be installed on each level.
20    (c) Every structure which (1) contains more than one
21dwelling unit, or (2) contains at least one dwelling unit and
22is a mixed-use structure, shall contain at least one approved
23smoke detector at the uppermost ceiling of each interior
24stairwell. The detector shall be installed on the ceiling, at
25least 6 inches from the wall, or on a wall located between 4

 

 

HB0051 Engrossed- 6 -LRB102 03963 CPF 13979 b

1and 6 inches from the ceiling.
2    (d) It shall be the responsibility of the owner of a
3structure to supply and install all required detectors. The
4owner shall be responsible for making reasonable efforts to
5test and maintain detectors in common stairwells and hallways.
6It shall be the responsibility of a tenant to test and to
7provide general maintenance for the detectors within the
8tenant's dwelling unit or rooming unit, and to notify the
9owner or the authorized agent of the owner in writing of any
10deficiencies which the tenant cannot correct. The owner shall
11be responsible for providing one tenant per dwelling unit with
12written information regarding detector testing and
13maintenance.
14    The tenant shall be responsible for replacement of any
15required batteries in the smoke detectors in the tenant's
16dwelling unit, except that the owner shall ensure that such
17batteries are in operating condition at the time the tenant
18takes possession of the dwelling unit. The tenant shall
19provide the owner or the authorized agent of the owner with
20access to the dwelling unit to correct any deficiencies in the
21smoke detector which have been reported in writing to the
22owner or the authorized agent of the owner.
23    (e) The requirements of this Section shall apply to any
24dwelling unit in existence on July 1, 1988, beginning on that
25date. Except as provided in subsections (f) and (g), the smoke
26detectors required in such dwelling units may be either:

 

 

HB0051 Engrossed- 7 -LRB102 03963 CPF 13979 b

1battery powered provided the battery is a self-contained,
2non-removable, long-term long term battery, or wired into the
3structure's AC power line, and need not be interconnected.
4        (1) The battery requirements of this Section shall
5    apply to battery-powered battery powered smoke detectors
6    that: (A) are in existence and exceed 10 years from the
7    date of their being manufactured; (B) fail fails to
8    respond to operability tests or otherwise malfunction
9    malfunctions; or (C) are newly installed.
10        (2) The battery requirements of this Section do not
11    apply to: (A) a fire alarm, smoke detector, smoke alarm,
12    or ancillary component that is electronically connected as
13    a part of a centrally monitored or supervised alarm
14    system; (B) a fire alarm, smoke detector, smoke alarm, or
15    ancillary component that uses: (i) a low-power radio
16    frequency wireless communication signal, or (ii) Wi-Fi or
17    other wireless Local Area Networking capability to send
18    and receive notifications to and from the Internet, such
19    as early low battery warnings before the device reaches a
20    critical low power level; or (C) such other devices as the
21    State Fire Marshal shall designate through its regulatory
22    process.
23    (f) In the case of any dwelling unit that is newly
24constructed, reconstructed, or substantially remodelled after
25December 31, 1987, the requirements of this Section shall
26apply beginning on the first day of occupancy of the dwelling

 

 

HB0051 Engrossed- 8 -LRB102 03963 CPF 13979 b

1unit after such construction, reconstruction or substantial
2remodelling. The smoke detectors required in such dwelling
3unit shall be permanently wired into the structure's AC power
4line, and if more than one detector is required to be installed
5within the dwelling unit, the detectors shall be wired so that
6the actuation of one detector will actuate all the detectors
7in the dwelling unit.
8    In the case of any dwelling unit that is newly
9constructed, reconstructed, or substantially remodeled on or
10after January 1, 2011, smoke detectors permanently wired into
11the structure's AC power line must also maintain an
12alternative back-up power source, which may be either a
13battery or batteries or an emergency generator.
14    (g) Every hotel shall be equipped with operational
15portable smoke-detecting alarm devices for the deaf and
16hearing impaired of audible and visual design, available for
17units of occupancy.
18    Specialized smoke detectors smoke-detectors for the deaf
19and hearing impaired shall be available upon request by guests
20in such hotels at a rate of at least one such smoke detector
21per 75 occupancy units or portions thereof, not to exceed 5
22such smoke detectors per hotel. Incorporation or connection
23into an existing interior alarm system, so as to be capable of
24being activated by the system, may be utilized in lieu of the
25portable alarms.
26    Operators of any hotel shall post conspicuously at the

 

 

HB0051 Engrossed- 9 -LRB102 03963 CPF 13979 b

1main desk a permanent notice, in letters at least 3 inches in
2height, stating that smoke detector alarm devices for the deaf
3and hearing impaired are available. The proprietor may require
4a refundable deposit for a portable smoke detector not to
5exceed the cost of the detector.
6    (g-5) A hotel, as defined in this Act, shall be
7responsible for installing and maintaining smoke detecting
8equipment.
9    (h) Compliance with an applicable federal, State, or local
10law or building code which requires the installation and
11maintenance of smoke detectors in a manner different from this
12Section, but providing a level of safety for occupants which
13is equal to or greater than that provided by this Section,
14shall be deemed to be in compliance with this Section, and the
15requirements of such more stringent law shall govern over the
16requirements of this Section.
17    (i) (Blank). The requirements of this Section shall not
18apply to dwelling units and hotels within municipalities with
19a population over 1,000,000 inhabitants.
20(Source: P.A. 100-200, eff. 1-1-23; revised 8-19-20.)
 
21    Section 95. No acceleration or delay. Where this Act makes
22changes in a statute that is represented in this Act by text
23that is not yet or no longer in effect (for example, a Section
24represented by multiple versions), the use of that text does
25not accelerate or delay the taking effect of (i) the changes

 

 

HB0051 Engrossed- 10 -LRB102 03963 CPF 13979 b

1made by this Act or (ii) provisions derived from any other
2Public Act.