SB1161sam001 103RD GENERAL ASSEMBLY

Sen. Craig Wilcox

Filed: 4/11/2024

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1161

2    AMENDMENT NO. ______. Amend Senate Bill 1161 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the Fuel
5Gas Detector Act.
 
6    Section 5. Definitions.
7    As used in this Act:
8    "Dwelling unit" means a room or suite of rooms used for
9human habitation and includes a single family residence as
10well as each living unit of a multiple family residence and
11each living unit in a mixed-use building.
12    "Fuel gas detector" means a device that:
13        (1) has an assembly that incorporates a sensor control
14    component that detects elevated levels of propane, natural
15    gas, or liquefied petroleum gas;
16        (2) sounds a warning alarm when elevated levels of

 

 

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1    propane, natural gas, or liquefied petroleum gas are
2    detected;
3        (3) is approved or listed by a nationally recognized
4    independent testing laboratory; and
5        (4) is battery-operated, plugged into an electrical
6    outlet, or hardwired.
 
7    Section 10. Fuel gas detector required. The owner of any
8of the following buildings shall install, or cause to be
9installed, in accordance with the manufacturer's requirements,
10at least one fuel gas detector in the rooms in the building in
11which there is located an appliance fueled by propane, natural
12gas, or liquefied petroleum gas:
13        (1) A structure in which one or more dwelling units
14    are located.
15        (2) A fraternity house, sorority house, or dormitory
16    that is affiliated with an educational facility or entity.
17        (3) A children's home, emergency children's shelter,
18    children's residential care facility, shelter for homeless
19    children, or specialized children's home.
20        (4) A hotel as defined in Section 2 of the Hotel
21    Operators' Occupation Tax Act.
 
22    Section 15. Residential rental units. The following
23requirements apply to a residential rental unit occupied under
24the terms of a rental agreement or under a month-to-month

 

 

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1tenancy:
2        (1) At the beginning of each occupancy, the owner of
3    the building shall provide fuel gas detectors in
4    accordance with Section 10 if fuel gas detectors are not
5    already present. Each fuel gas detector must be in working
6    condition. After notification, in writing, by the tenant
7    of any deficiencies in a fuel gas detector, the owner of
8    the building shall repair or replace the fuel gas
9    detector. If the owner does not know and has not been
10    notified of the need to repair or replace a fuel gas
11    detector, the owner's failure to repair or replace the
12    fuel gas detector may not be considered evidence of
13    negligence in a subsequent civil action arising from
14    death, property loss, or personal injury.
15        (2) The tenant shall keep each fuel gas detector
16    within the tenant's unit in working condition by keeping
17    the fuel gas detector connected to the electrical service
18    in the building or keeping charged batteries in a
19    battery-operated fuel gas detector, testing the fuel gas
20    detector periodically, and refraining from disabling the
21    fuel gas detector.
 
22    Section 20. Transfer of building.
23    (a) A person who, after January 1, 2025, acquires by sale
24or exchange a building listed in paragraph (1) of Section 10
25shall install fuel gas detectors in accordance with Section 10

 

 

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1in the acquired building within 30 days after the acquisition
2or occupancy of the building, whichever is later, if fuel gas
3detectors that satisfy the requirements of Section 10 are not
4already present, and shall certify at the closing of the
5transaction that fuel gas detectors will be installed. The
6certification must be signed and dated by the person acquiring
7the building. A fuel gas detector must be installed, in
8accordance with the manufacturer's installation requirements,
9in each area containing an appliance fueled by propane,
10natural gas, or liquefied petroleum gas.
11    (b) A person does not have a claim for relief against a
12property owner, a property purchaser, an authorized agent of a
13property owner or purchaser, a person in possession of real
14property, a closing agent, or a lender for any damages
15resulting from the operation, maintenance, or effectiveness of
16a fuel gas detector installed in accordance with this Act.
17    (c) Violation of this Section does not create a defect in
18title.
 
19    Section 25. Penalties.
20    (a) A person who violates this Act is liable for a civil
21penalty, set by local ordinance. A court may waive any civil
22penalty or cost against a violator upon satisfactory proof
23that the violation was corrected within 30 days after notice
24of the violation was first provided.
25    (b) In addition to any penalties under subsection (a), the

 

 

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1duties and restrictions created under this Act may be enforced
2by the Attorney General, a State's Attorney, or a municipal
3attorney, by filing a petition for equitable relief in any
4court of competent jurisdiction.
 
5    Section 30. Liability. Nothing in this Act gives rise to
6any action against a building owner required to comply with
7Sections 10 and 15 if the owner has conducted an inspection of
8the required fuel gas detectors immediately after their
9installation and has reinspected the fuel gas detectors prior
10to occupancy by each new tenant, unless the owner has been
11given at least 24 hours' actual notice of a defect or failure
12of a fuel gas detector's proper operation and has failed to
13take action to correct the defect or failure.
 
14    Section 35. Noninterference. A person may not knowingly
15interfere with or make inoperative any fuel gas detector
16required by this Act, except that the owner or the agent of an
17owner of a building may temporarily disconnect a fuel gas
18detector in a dwelling unit or common area only for
19construction or rehabilitation activities when such activities
20are likely to activate the fuel gas detector or make it
21inactive. The fuel gas detector must be immediately
22reconnected at the cessation of construction or rehabilitation
23activities each day, regardless of the intent to return to
24construction or rehabilitation activities on any succeeding

 

 

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1day.
 
2    Section 99. Effective date. This Act takes effect January
31, 2025.".