Full Text of HB1398 97th General Assembly
HB1398ham001 97TH GENERAL ASSEMBLY | Rep. Donald L. Moffitt Filed: 3/3/2011
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| 1 | | AMENDMENT TO HOUSE BILL 1398
| 2 | | AMENDMENT NO. ______. Amend House Bill 1398 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Smoke Detector Act is amended by changing | 5 | | Section 3 as follows:
| 6 | | (425 ILCS 60/3) (from Ch. 127 1/2, par. 803)
| 7 | | Sec. 3.
(a) Every dwelling unit shall be equipped with at | 8 | | least one
approved smoke detector in an operating condition | 9 | | within 15 feet of every room
used for sleeping purposes. The | 10 | | detector shall be installed on the ceiling
and at least 6 | 11 | | inches from any wall, or on a wall located between 4 and 6
| 12 | | inches from the ceiling.
| 13 | | (b) Every single family residence shall have at least one | 14 | | approved smoke
detector installed on every story of the | 15 | | dwelling unit, including basements
but not including | 16 | | unoccupied attics. In dwelling units with split levels,
a smoke |
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| 1 | | detector installed on the upper level shall suffice for the
| 2 | | adjacent lower level if the lower level is less than one full | 3 | | story below
the upper level; however, if there is an | 4 | | intervening door between the
adjacent levels, a smoke detector | 5 | | shall be installed on each level.
| 6 | | (c) Every structure which (1) contains more than one | 7 | | dwelling unit, or
(2) contains at least one dwelling unit and | 8 | | is a mixed-use structure, shall
contain at least one approved | 9 | | smoke detector at the uppermost ceiling of
each interior | 10 | | stairwell. The detector shall be installed on the ceiling,
at | 11 | | least 6 inches from the wall, or on a wall located between 4 | 12 | | and 6
inches from the ceiling.
| 13 | | (d) It shall be the responsibility of the owner of a | 14 | | structure to supply
and install all required detectors. The | 15 | | owner shall be responsible for
making reasonable efforts to | 16 | | test and maintain detectors in common
stairwells and hallways. | 17 | | It shall be the responsibility of a tenant to
test and to | 18 | | provide general maintenance for the detectors within the
| 19 | | tenant's dwelling unit or rooming unit, and to notify the owner | 20 | | or the
authorized agent of the owner in writing of any | 21 | | deficiencies which the
tenant cannot correct. The owner shall | 22 | | be responsible for providing one
tenant per dwelling unit with | 23 | | written information regarding detector
testing and | 24 | | maintenance.
| 25 | | The tenant shall be responsible for replacement of any | 26 | | required batteries
in the smoke detectors in the tenant's |
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| 1 | | dwelling unit, except that the owner
shall ensure that such | 2 | | batteries are in operating condition at the time
the tenant | 3 | | takes possession of the dwelling unit. The tenant shall provide
| 4 | | the owner or the authorized agent of the owner with access to | 5 | | the dwelling
unit to correct any deficiencies in the smoke | 6 | | detector which have been
reported in writing to the owner or | 7 | | the authorized agent of the owner.
| 8 | | (e) The requirements of this Section shall apply to any | 9 | | dwelling unit
in existence on July 1, 1988, beginning on that | 10 | | date. Except as provided
in subsections (f) and (g), the smoke | 11 | | detectors required in such dwelling
units may be either battery | 12 | | powered or wired into the structure's AC power
line, and need | 13 | | not be interconnected.
| 14 | | (f) In the case of any dwelling unit that is newly | 15 | | constructed,
reconstructed, or substantially remodelled after | 16 | | December 31, 1987, the
requirements of this Section shall apply | 17 | | beginning on the first day of
occupancy of the dwelling unit | 18 | | after such construction, reconstruction or
substantial | 19 | | remodelling. The smoke detectors required in such dwelling
unit | 20 | | shall be permanently wired into the structure's AC power line, | 21 | | and if
more than one detector is required to be installed | 22 | | within the dwelling
unit, the detectors shall be wired so that | 23 | | the actuation of one detector
will actuate all the detectors in | 24 | | the dwelling unit.
| 25 | | In the case of any dwelling unit that is newly constructed,
| 26 | | reconstructed, or substantially remodeled on or after January |
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| 1 | | 1, 2011, smoke detectors permanently wired into the structure's | 2 | | AC power line must also maintain an alternative back-up power | 3 | | source, which may be either a battery or batteries or an | 4 | | emergency generator. | 5 | | (g) Every hotel shall be equipped with operational portable
| 6 | | smoke-detecting alarm devices for the deaf and hearing impaired | 7 | | of audible
and visual design, available for units of occupancy.
| 8 | | Specialized smoke-detectors for the deaf and hearing | 9 | | impaired shall be
available upon request by guests in such | 10 | | hotels at a rate
of at least one such smoke detector per 75 | 11 | | occupancy units or portions
thereof, not to exceed 5 such smoke | 12 | | detectors per hotel.
Incorporation or connection into an | 13 | | existing interior alarm system, so as
to be capable of being | 14 | | activated by the system, may be utilized in lieu of
the | 15 | | portable alarms.
| 16 | | Operators of any hotel shall post conspicuously at the main | 17 | | desk a
permanent notice, in letters at least 3 inches in | 18 | | height, stating that
smoke detector alarm devices for the deaf | 19 | | and hearing impaired are
available. The proprietor may require | 20 | | a refundable deposit for a portable
smoke detector not to | 21 | | exceed the cost of the detector.
| 22 | | (h) Compliance with an applicable federal, State or local | 23 | | law or
building code which requires the installation and | 24 | | maintenance of smoke
detectors in a manner different from this | 25 | | Section, but providing a level of
safety for occupants which is | 26 | | equal to or greater than that provided by
this Section, shall |
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| 1 | | be deemed to be in compliance with this Section, and
the | 2 | | requirements of such more stringent law shall govern over the
| 3 | | requirements of this Section.
| 4 | | (i) A hotel, as defined in this Act, shall be responsible | 5 | | for the installation and proper function of all fire alarm | 6 | | equipment on its premises. Every hotel must inspect all fire | 7 | | alarm equipment once per month to ensure the equipment is | 8 | | functioning normally. If the equipment is found to malfunction, | 9 | | the hotel shall be responsible for the repair, replacement, or | 10 | | any other maintenance required to bring the fire equipment into | 11 | | functional use. A hotel shall keep a log of the monthly | 12 | | inspection and subsequent repair, replacement, or any other | 13 | | maintenance performed to bring the fire equipment into | 14 | | functional use. This log shall be made available at any time, | 15 | | upon request, to the local fire protection authority or the | 16 | | Office of the State Fire Marshal. | 17 | | (Source: P.A. 96-1292, eff. 1-1-11.)
| 18 | | Section 99. Effective date. This Act takes effect January | 19 | | 1, 2012.".
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