Full Text of SB0487 95th General Assembly
SB0487sam001 95TH GENERAL ASSEMBLY
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Sen. Don Harmon
Filed: 4/27/2007
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| AMENDMENT TO SENATE BILL 487
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| AMENDMENT NO. ______. Amend Senate Bill 487 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Carbon Monoxide Alarm Detector Act is | 5 |
| amended by changing Sections 1, 5, 10, 15, and 20 as follows: | 6 |
| (430 ILCS 135/1)
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| Sec. 1. Short title. This Act may be cited as the Carbon | 8 |
| Monoxide Detector and Alarm Detector Act.
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| (Source: P.A. 94-741, eff. 1-1-07.) | 10 |
| (430 ILCS 135/5)
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| Sec. 5. Definitions. In this Act: | 12 |
| " Carbon
Approved carbon monoxide alarm" or "alarm" means | 13 |
| either (1) an integrated carbon monoxide detector and alarm or | 14 |
| (2) an alarm connected to a carbon monoxide detector or | 15 |
| detectors located in proximity to a source of carbon monoxide, |
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| provided that in either case all such alarms and detectors | 2 |
| comply with applicable
a carbon monoxide alarm that complies | 3 |
| with all the requirements of the rules and regulations of the | 4 |
| Illinois State Fire Marshal, bear
bears the label of a | 5 |
| nationally recognized testing laboratory, and comply
complies | 6 |
| with the most recent standards of the Underwriters Laboratories | 7 |
| or the Canadian Standard Association. A carbon monoxide alarm | 8 |
| may be combined with smoke detecting devices, as defined in the | 9 |
| Smoke Detector Act, provided that the combined unit complies | 10 |
| with the respective provisions of the Illinois Administrative | 11 |
| Code, reference standards, and departmental rules relating to | 12 |
| both smoke detecting devices and carbon monoxide alarms and | 13 |
| provided that the combined unit emits an alarm in a manner that | 14 |
| clearly differentiates the hazard. A carbon monoxide alarm may | 15 |
| be battery powered, plugged into an electrical outlet within | 16 |
| the dwelling unit with secondary battery back-up, or wired into | 17 |
| the structure's dwelling unit's AC power line with secondary | 18 |
| battery back-up.
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| "Dwelling unit" means a room or suite of rooms used for | 20 |
| human habitation, and includes a single family residence as | 21 |
| well as each living unit of a multiple family residence ,
and | 22 |
| each living unit in a mixed use building , hotel, or residential | 23 |
| health care facility .
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| "Hotel" means any building or buildings maintained, | 25 |
| advertised, or held out to the public to be a place where | 26 |
| lodging is offered for consideration to travelers and guests. |
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| "Hotel" includes inns, motels, tourist homes or courts, bed and | 2 |
| breakfast establishments and lodging houses.
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| (Source: P.A. 94-741, eff. 1-1-07.) | 4 |
| (430 ILCS 135/10)
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| Sec. 10. Carbon monoxide alarm
detector . | 6 |
| (a) Every dwelling unit shall be equipped with : | 7 |
| (1) at least one approved carbon monoxide alarm in an | 8 |
| operating condition within 15 feet of every room used for | 9 |
| sleeping purposes ; or | 10 |
| (2) a carbon monoxide alarm proximate to each source of | 11 |
| carbon monoxide and monitored at all times by on-site personnel | 12 |
| charged, pursuant to written protocols, with initiating an | 13 |
| orderly evacuation of the building in the event that the alarm | 14 |
| sounds, unless a local fire department has investigated the | 15 |
| building and determined that an evacuation is not warranted . | 16 |
| The carbon monoxide alarm may be combined with smoke detecting | 17 |
| devices provided that the combined unit complies with the | 18 |
| respective provisions of the administrative code, reference | 19 |
| standards, and departmental rules relating to both smoke | 20 |
| detecting devices and carbon monoxide alarms and provided that | 21 |
| the combined unit emits an alarm in a manner that clearly | 22 |
| differentiates the hazard.
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| (b) (Blank).
Every structure that contains more than one | 24 |
| dwelling unit shall contain at least one approved carbon | 25 |
| monoxide alarm in operating condition within 15 feet of every |
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| room used for sleeping purposes.
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| (c) It is the responsibility of the owner
of a dwelling | 3 |
| unit
structure to supply and install all required carbon | 4 |
| monoxide alarms and to provide general maintenance for the
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| alarms. | 6 |
| (c-5) Notwithstanding the foregoing, in the case of a | 7 |
| dwelling unit leased to a tenant pursuant to a written lease, | 8 |
| it
It is the responsibility of a tenant to test and to provide
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| general maintenance for the alarms within the
tenant's dwelling | 10 |
| unit or rooming unit, and to notify
the owner or the authorized | 11 |
| agent of the owner in
writing of any deficiencies that the | 12 |
| tenant cannot
correct , unless otherwise specified in the lease . | 13 |
| The owner is responsible for providing
one tenant per dwelling | 14 |
| unit with written information
regarding carbon monoxide alarm | 15 |
| testing and maintenance. The tenant is responsible for | 16 |
| replacement
of any required batteries in the carbon monoxide | 17 |
| alarms in
the tenant's dwelling unit, except that the owner
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| shall ensure that the batteries are in operating
condition at | 19 |
| the time the tenant takes possession of
the dwelling unit. The | 20 |
| tenant shall provide the owner
or the authorized agent of the | 21 |
| owner with access to
the dwelling unit to correct any | 22 |
| deficiencies in the
carbon monoxide alarm that have been | 23 |
| reported in writing to
the owner or the authorized agent of the | 24 |
| owner. | 25 |
| (d) (Blank).
The carbon monoxide alarms required
under this | 26 |
| Act may be either battery powered, plug-in with battery |
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| back-up,
or wired into the structure's AC power line with | 2 |
| secondary battery back-up.
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| (Source: P.A. 94-741, eff. 1-1-07.) | 4 |
| (430 ILCS 135/15)
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| Sec. 15. Violation. | 6 |
| (a) Willful failure to install or
maintain in operating | 7 |
| condition any carbon monoxide alarm
required by this Act is a | 8 |
| petty offense. A violation of this subsection shall constitute | 9 |
| a separate offense for each affected room that is used for | 10 |
| sleeping purposes
Class B misdemeanor . | 11 |
| (b) Tampering with, removing, destroying,
disconnecting, | 12 |
| or removing the batteries from any
installed carbon monoxide | 13 |
| alarm, except in the course of
inspection, maintenance, or | 14 |
| 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 | 16 |
| second or subsequent conviction.
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| (c) Enforcement of the provisions of this Act may be | 18 |
| carried out by the Office of the State Fire Marshal and any | 19 |
| unit of local government that is authorized to enforce building | 20 |
| or fire prevention codes.
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| (Source: P.A. 94-741, eff. 1-1-07.) | 22 |
| (430 ILCS 135/20)
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| Sec. 20. Exemptions. The following dwelling
residential | 24 |
| units shall not require carbon monoxide alarms
detectors : |
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| (1) A dwelling
residential unit in a building that: (i) | 2 |
| does not rely on combustion of fossil fuel for heat , | 3 |
| ventilation, or hot water; (ii) is not connected in any way | 4 |
| to an attached
a garage; and (iii) is not sufficiently | 5 |
| close to any ventilated source of carbon monoxide so as , as | 6 |
| determined by the local building commissioner, to receive | 7 |
| carbon monoxide from that source. | 8 |
| (2) A dwelling
residential unit that is not | 9 |
| sufficiently close to any source of carbon monoxide so as | 10 |
| to be at risk of receiving carbon monoxide from that | 11 |
| source, as determined by the local building commissioner.
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| (Source: P.A. 94-741, eff. 1-1-07.)".
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