Full Text of HB5284 94th General Assembly
HB5284 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB5284
Introduced 01/25/06, by Rep. Daniel J. Burke SYNOPSIS AS INTRODUCED: |
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Creates the Carbon Monoxide Alarm Detector Act. Requires that every dwelling unit be equipped with at least one approved carbon monoxide alarm in an operating condition within 15 feet of every room used for sleeping purposes. Provides that 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. Provides that it is the responsibility of the owner
of a structure to supply and install all required
alarms. Provides that 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. Provides that the willful failure to install or maintain in operating condition any carbon monoxide alarm required by the Act is a Class B misdemeanor. Provides that 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. Provides for exemptions.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB5284 |
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LRB094 17775 LCT 53074 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 1. Short title. This Act may be cited as the Carbon | 5 |
| Monoxide Alarm Detector Act. | 6 |
| Section 5. Definitions. In this Act: | 7 |
| "Approved carbon monoxide alarm" or "alarm" means a carbon | 8 |
| monoxide alarm that complies with all the requirements of the | 9 |
| rules and regulations of the Illinois State Fire Marshal, bears | 10 |
| the label of a nationally recognized testing laboratory, and | 11 |
| complies with the most recent standards of the Underwriters | 12 |
| Laboratories or the Canadian Standard Association. | 13 |
| "Dwelling unit" means a room or suite of rooms used for | 14 |
| human habitation, and includes a single family residence as | 15 |
| well as each living unit of a multiple family residence and | 16 |
| each living unit in a mixed use building. | 17 |
| Section 10. Carbon monoxide detector. | 18 |
| (a) Every dwelling unit shall be equipped with at least one | 19 |
| approved carbon monoxide alarm in an operating condition within | 20 |
| 15 feet of every room used for sleeping purposes. The carbon | 21 |
| monoxide alarm may be combined with smoke detecting devices | 22 |
| provided that the combined unit complies with the respective | 23 |
| provisions of the administrative code, reference standards, | 24 |
| and departmental rules relating to both smoke detecting devices | 25 |
| and carbon monoxide alarms and provided that the combined unit | 26 |
| emits an alarm in a manner that clearly differentiates the | 27 |
| hazard. | 28 |
| (b) Every structure that contains more than one dwelling | 29 |
| unit shall contain at least one approved carbon monoxide alarm | 30 |
| in operating condition within 15 feet of every room used for | 31 |
| sleeping purposes. |
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HB5284 |
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LRB094 17775 LCT 53074 b |
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| 1 |
| (c) It is the responsibility of the owner
of a structure to | 2 |
| supply and install all required
alarms. It is the | 3 |
| responsibility of a tenant to test and to provide
general | 4 |
| maintenance for the alarms within the
tenant's dwelling unit or | 5 |
| rooming unit, and to notify
the owner or the authorized agent | 6 |
| of the owner in
writing of any deficiencies that the tenant | 7 |
| cannot
correct. The owner is responsible for providing
one | 8 |
| tenant per dwelling unit with written information
regarding | 9 |
| alarm testing and maintenance. | 10 |
| The tenant is responsible for replacement
of any required | 11 |
| batteries in the carbon monoxide alarms in
the tenant's | 12 |
| dwelling unit, except that the owner
shall ensure that the | 13 |
| batteries are in operating
condition at the time the tenant | 14 |
| takes possession of
the dwelling unit. The tenant shall provide | 15 |
| the owner
or the authorized agent of the owner with access to
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| the dwelling unit to correct any deficiencies in the
carbon | 17 |
| monoxide alarm that have been reported in writing to
the owner | 18 |
| or the authorized agent of the owner. | 19 |
| (d) The carbon monoxide alarms required
under this Act may | 20 |
| be either battery powered, plug-in with battery back-up,
or | 21 |
| wired into the structure's AC power line with secondary battery | 22 |
| back-up. | 23 |
| Section 15. Violation. | 24 |
| (a) Willful failure to install or
maintain in operating | 25 |
| condition any carbon monoxide alarm
required by this Act is a | 26 |
| Class B misdemeanor. | 27 |
| (b) Tampering with, removing, destroying,
disconnecting, | 28 |
| or removing the batteries from any
installed carbon monoxide | 29 |
| alarm, except in the course of
inspection, maintenance, or | 30 |
| replacement of the
alarm, is a Class A misdemeanor in the case
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| of a first conviction and a Class 4 felony in the
case of a | 32 |
| second or subsequent conviction.
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| Section 20. Exemptions. The following residential units | 34 |
| shall not require carbon monoxide detectors: |
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HB5284 |
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LRB094 17775 LCT 53074 b |
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| (1) A residential unit in a building that: (i) does not | 2 |
| rely on combustion of fossil fuel for heat, ventilation, or | 3 |
| hot water; (ii) is not connected in any way to a garage; | 4 |
| and (iii) is not sufficiently close to any ventilated | 5 |
| source of carbon monoxide, as determined by the local | 6 |
| building commissioner, to receive carbon monoxide from | 7 |
| that source. | 8 |
| (2) A residential unit that is not sufficiently close | 9 |
| to any source of carbon monoxide so as to be at risk of | 10 |
| receiving carbon monoxide from that source, as determined | 11 |
| by the local building commissioner. |
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