Full Text of HB5368 101st General Assembly
HB5368 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB5368 Introduced , by Rep. Jaime M. Andrade, Jr. SYNOPSIS AS INTRODUCED: |
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425 ILCS 60/3 | from Ch. 127 1/2, par. 803 |
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Amends the Smoke Detector Act. Removes language providing that specified smoke detector requirements shall not apply to dwelling units and hotels within municipalities with a population over 1,000,000 inhabitants.
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| | A BILL FOR |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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 | | (Text of Section before amendment by P.A. 100-200 )
| 8 | | Sec. 3.
(a) Every dwelling unit or hotel shall be equipped | 9 | | with at least one
approved smoke detector in an operating | 10 | | condition within 15 feet of every room
used for sleeping | 11 | | purposes. The detector shall be installed on the ceiling
and at | 12 | | least 6 inches from any wall, or on a wall located between 4 | 13 | | and 6
inches from the ceiling.
| 14 | | (b) Every single family residence shall have at least one | 15 | | approved smoke
detector installed on every story of the | 16 | | dwelling unit, including basements
but not including | 17 | | unoccupied attics. In dwelling units with split levels,
a smoke | 18 | | detector installed on the upper level shall suffice for the
| 19 | | adjacent lower level if the lower level is less than one full | 20 | | story below
the upper level; however, if there is an | 21 | | intervening door between the
adjacent levels, a smoke detector | 22 | | shall be installed on each level.
| 23 | | (c) Every structure which (1) contains more than one |
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| 1 | | dwelling unit, or
(2) contains at least one dwelling unit and | 2 | | is a mixed-use structure, shall
contain at least one approved | 3 | | smoke detector at the uppermost ceiling of
each interior | 4 | | stairwell. The detector shall be installed on the ceiling,
at | 5 | | least 6 inches from the wall, or on a wall located between 4 | 6 | | and 6
inches from the ceiling.
| 7 | | (d) It shall be the responsibility of the owner of a | 8 | | structure to supply
and install all required detectors. The | 9 | | owner shall be responsible for
making reasonable efforts to | 10 | | test and maintain detectors in common
stairwells and hallways. | 11 | | It shall be the responsibility of a tenant to
test and to | 12 | | provide general maintenance for the detectors within the
| 13 | | tenant's dwelling unit or rooming unit, and to notify the owner | 14 | | or the
authorized agent of the owner in writing of any | 15 | | deficiencies which the
tenant cannot correct. The owner shall | 16 | | be responsible for providing one
tenant per dwelling unit with | 17 | | written information regarding detector
testing and | 18 | | maintenance.
| 19 | | The tenant shall be responsible for replacement of any | 20 | | required batteries
in the smoke detectors in the tenant's | 21 | | dwelling unit, except that the owner
shall ensure that such | 22 | | batteries are in operating condition at the time
the tenant | 23 | | takes possession of the dwelling unit. The tenant shall provide
| 24 | | the owner or the authorized agent of the owner with access to | 25 | | the dwelling
unit to correct any deficiencies in the smoke | 26 | | detector which have been
reported in writing to the owner or |
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| 1 | | the authorized agent of the owner.
| 2 | | (e) The requirements of this Section shall apply to any | 3 | | dwelling unit
in existence on July 1, 1988, beginning on that | 4 | | date. Except as provided
in subsections (f) and (g), the smoke | 5 | | detectors required in such dwelling
units may be either battery | 6 | | powered or wired into the structure's AC power
line, and need | 7 | | not be interconnected.
| 8 | | (f) In the case of any dwelling unit that is newly | 9 | | constructed,
reconstructed, or substantially remodelled after | 10 | | December 31, 1987, the
requirements of this Section shall apply | 11 | | beginning on the first day of
occupancy of the dwelling unit | 12 | | after such construction, reconstruction or
substantial | 13 | | remodelling. The smoke detectors required in such dwelling
unit | 14 | | shall be permanently wired into the structure's AC power line, | 15 | | and if
more than one detector is required to be installed | 16 | | within the dwelling
unit, the detectors shall be wired so that | 17 | | the actuation of one detector
will actuate all the detectors in | 18 | | the dwelling unit.
| 19 | | In the case of any dwelling unit that is newly constructed,
| 20 | | reconstructed, or substantially remodeled on or after January | 21 | | 1, 2011, smoke detectors permanently wired into the structure's | 22 | | AC power line must also maintain an alternative back-up power | 23 | | source, which may be either a battery or batteries or an | 24 | | emergency generator. | 25 | | (g) Every hotel shall be equipped with operational portable
| 26 | | smoke-detecting alarm devices for the deaf and hearing impaired |
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| 1 | | of audible
and visual design, available for units of occupancy.
| 2 | | Specialized smoke-detectors for the deaf and hearing | 3 | | impaired shall be
available upon request by guests in such | 4 | | hotels at a rate
of at least one such smoke detector per 75 | 5 | | occupancy units or portions
thereof, not to exceed 5 such smoke | 6 | | detectors per hotel.
Incorporation or connection into an | 7 | | existing interior alarm system, so as
to be capable of being | 8 | | activated by the system, may be utilized in lieu of
the | 9 | | portable alarms.
| 10 | | Operators of any hotel shall post conspicuously at the main | 11 | | desk a
permanent notice, in letters at least 3 inches in | 12 | | height, stating that
smoke detector alarm devices for the deaf | 13 | | and hearing impaired are
available. The proprietor may require | 14 | | a refundable deposit for a portable
smoke detector not to | 15 | | exceed the cost of the detector.
| 16 | | (g-5) A hotel, as defined in this Act, shall be responsible | 17 | | for installing and maintaining smoke detecting equipment. | 18 | | (h) Compliance with an applicable federal, State or local | 19 | | law or
building code which requires the installation and | 20 | | maintenance of smoke
detectors in a manner different from this | 21 | | Section, but providing a level of
safety for occupants which is | 22 | | equal to or greater than that provided by
this Section, shall | 23 | | be deemed to be in compliance with this Section, and
the | 24 | | requirements of such more stringent law shall govern over the
| 25 | | requirements of this Section.
| 26 | | (Source: P.A. 96-1292, eff. 1-1-11; 97-447, eff. 1-1-12.)
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| 1 | | (Text of Section after amendment by P.A. 100-200 )
| 2 | | Sec. 3.
(a) Every dwelling unit or hotel shall be equipped | 3 | | with at least one
approved smoke detector in an operating | 4 | | condition within 15 feet of every room
used for sleeping | 5 | | purposes. The detector shall be installed on the ceiling
and at | 6 | | least 6 inches from any wall, or on a wall located between 4 | 7 | | and 6
inches from the ceiling.
| 8 | | (b) Every single family residence shall have at least one | 9 | | approved smoke
detector installed on every story of the | 10 | | dwelling unit, including basements
but not including | 11 | | unoccupied attics. In dwelling units with split levels,
a smoke | 12 | | detector installed on the upper level shall suffice for the
| 13 | | adjacent lower level if the lower level is less than one full | 14 | | story below
the upper level; however, if there is an | 15 | | intervening door between the
adjacent levels, a smoke detector | 16 | | shall be installed on each level.
| 17 | | (c) Every structure which (1) contains more than one | 18 | | dwelling unit, or
(2) contains at least one dwelling unit and | 19 | | is a mixed-use structure, shall
contain at least one approved | 20 | | smoke detector at the uppermost ceiling of
each interior | 21 | | stairwell. The detector shall be installed on the ceiling,
at | 22 | | least 6 inches from the wall, or on a wall located between 4 | 23 | | and 6
inches from the ceiling.
| 24 | | (d) It shall be the responsibility of the owner of a | 25 | | structure to supply
and install all required detectors. The |
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| 1 | | owner shall be responsible for
making reasonable efforts to | 2 | | test and maintain detectors in common
stairwells and hallways. | 3 | | It shall be the responsibility of a tenant to
test and to | 4 | | provide general maintenance for the detectors within the
| 5 | | tenant's dwelling unit or rooming unit, and to notify the owner | 6 | | or the
authorized agent of the owner in writing of any | 7 | | deficiencies which the
tenant cannot correct. The owner shall | 8 | | be responsible for providing one
tenant per dwelling unit with | 9 | | written information regarding detector
testing and | 10 | | maintenance.
| 11 | | The tenant shall be responsible for replacement of any | 12 | | required batteries
in the smoke detectors in the tenant's | 13 | | dwelling unit, except that the owner
shall ensure that such | 14 | | batteries are in operating condition at the time
the tenant | 15 | | takes possession of the dwelling unit. The tenant shall provide
| 16 | | the owner or the authorized agent of the owner with access to | 17 | | the dwelling
unit to correct any deficiencies in the smoke | 18 | | detector which have been
reported in writing to the owner or | 19 | | the authorized agent of the owner.
| 20 | | (e) The requirements of this Section shall apply to any | 21 | | dwelling unit
in existence on July 1, 1988, beginning on that | 22 | | date. Except as provided
in subsections (f) and (g), the smoke | 23 | | detectors required in such dwelling
units may be either: | 24 | | battery powered provided the battery is a self-contained, | 25 | | non-removable, long term battery, or wired into the structure's | 26 | | AC power
line, and need not be interconnected.
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| 1 | | (1) The battery requirements of this Section shall | 2 | | apply to battery powered smoke detectors that: (A) are in | 3 | | existence and exceed 10 years from the date of their being | 4 | | manufactured; (B) fails to respond to operability tests or | 5 | | otherwise malfunctions; or (C) are newly installed. | 6 | | (2) The battery requirements of this Section do not | 7 | | apply to: (A) a fire alarm, smoke detector, smoke alarm, or | 8 | | ancillary component that is electronically connected as a | 9 | | part of a centrally monitored or supervised alarm system; | 10 | | (B) a fire alarm, smoke detector, smoke alarm, or ancillary | 11 | | component that uses: (i) a low-power radio frequency | 12 | | wireless communication signal, or (ii) Wi-Fi or other | 13 | | wireless Local Area Networking capability to send and | 14 | | receive notifications to and from the Internet, such as | 15 | | early low battery warnings before the device reaches a | 16 | | critical low power level; or (C) such other devices as the | 17 | | State Fire Marshal shall designate through its regulatory | 18 | | process. | 19 | | (f) In the case of any dwelling unit that is newly | 20 | | constructed,
reconstructed, or substantially remodelled after | 21 | | December 31, 1987, the
requirements of this Section shall apply | 22 | | beginning on the first day of
occupancy of the dwelling unit | 23 | | after such construction, reconstruction or
substantial | 24 | | remodelling. The smoke detectors required in such dwelling
unit | 25 | | shall be permanently wired into the structure's AC power line, | 26 | | and if
more than one detector is required to be installed |
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| 1 | | within the dwelling
unit, the detectors shall be wired so that | 2 | | the actuation of one detector
will actuate all the detectors in | 3 | | the dwelling unit.
| 4 | | In the case of any dwelling unit that is newly constructed,
| 5 | | reconstructed, or substantially remodeled on or after January | 6 | | 1, 2011, smoke detectors permanently wired into the structure's | 7 | | AC power line must also maintain an alternative back-up power | 8 | | source, which may be either a battery or batteries or an | 9 | | emergency generator. | 10 | | (g) Every hotel shall be equipped with operational portable
| 11 | | smoke-detecting alarm devices for the deaf and hearing impaired | 12 | | of audible
and visual design, available for units of occupancy.
| 13 | | Specialized smoke-detectors for the deaf and hearing | 14 | | impaired shall be
available upon request by guests in such | 15 | | hotels at a rate
of at least one such smoke detector per 75 | 16 | | occupancy units or portions
thereof, not to exceed 5 such smoke | 17 | | detectors per hotel.
Incorporation or connection into an | 18 | | existing interior alarm system, so as
to be capable of being | 19 | | activated by the system, may be utilized in lieu of
the | 20 | | portable alarms.
| 21 | | Operators of any hotel shall post conspicuously at the main | 22 | | desk a
permanent notice, in letters at least 3 inches in | 23 | | height, stating that
smoke detector alarm devices for the deaf | 24 | | and hearing impaired are
available. The proprietor may require | 25 | | a refundable deposit for a portable
smoke detector not to | 26 | | exceed the cost of the detector.
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| 1 | | (g-5) A hotel, as defined in this Act, shall be responsible | 2 | | for installing and maintaining smoke detecting equipment. | 3 | | (h) Compliance with an applicable federal, State or local | 4 | | law or
building code which requires the installation and | 5 | | maintenance of smoke
detectors in a manner different from this | 6 | | Section, but providing a level of
safety for occupants which is | 7 | | equal to or greater than that provided by
this Section, shall | 8 | | be deemed to be in compliance with this Section, and
the | 9 | | requirements of such more stringent law shall govern over the
| 10 | | requirements of this Section.
| 11 | | (i) (Blank). The requirements of this Section shall not | 12 | | apply to dwelling units and hotels within municipalities with a | 13 | | population over 1,000,000 inhabitants. | 14 | | (Source: P.A. 100-200, eff. 1-1-23.)
| 15 | | Section 95. No acceleration or delay. Where this Act makes | 16 | | changes in a statute that is represented in this Act by text | 17 | | that is not yet or no longer in effect (for example, a Section | 18 | | represented by multiple versions), the use of that text does | 19 | | not accelerate or delay the taking effect of (i) the changes | 20 | | made by this Act or (ii) provisions derived from any other | 21 | | Public Act.
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