430 ILCS 135/ Carbon Monoxide Alarm Detector Act.

Information maintained by the Legislative Reference Bureau

Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

PUBLIC SAFETY
(430 ILCS 135/) Carbon Monoxide Alarm Detector Act.

430 ILCS 135/1

(430 ILCS 135/1)

Sec. 1. Short title. This Act may be cited as the Carbon Monoxide Alarm Detector Act.

(Source: P.A. 94-741, eff. 1-1-07.)

430 ILCS 135/5

(430 ILCS 135/5)

Sec. 5. Definitions. In this Act:

"Approved carbon monoxide alarm" or "alarm" means a carbon monoxide alarm that complies with all the requirements of the rules and regulations of the Illinois State Fire Marshal, bears the label of a nationally recognized testing laboratory, and complies with the most recent standards of the Underwriters Laboratories or the Canadian Standard Association.

"Dwelling unit" means a room or suite of rooms used for human habitation, and includes a single family residence as well as each living unit of a multiple family residence and each living unit in a mixed use building.

(Source: P.A. 94-741, eff. 1-1-07.)

430 ILCS 135/10

(430 ILCS 135/10)

Sec. 10. Carbon monoxide detector.

(a) Every dwelling unit shall be equipped with at least one approved carbon monoxide alarm in an operating condition within 15 feet of every room used for sleeping purposes. 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.

(b) Every structure that contains more than one dwelling unit shall contain at least one approved carbon monoxide alarm in operating condition within 15 feet of every room used for sleeping purposes.

(c) It is the responsibility of the owner
 of a structure to supply and install all required
 alarms. 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.   The owner is responsible for providing
 one tenant per dwelling unit with written information
 regarding alarm testing and maintenance.

The tenant is responsible for replacement
 of any required batteries in the carbon monoxide alarms in
 the tenant's dwelling unit, except that the owner
 shall ensure that the batteries are in operating
 condition at the time the tenant takes possession of
 the dwelling unit. The tenant shall provide the owner
 or the authorized agent of the owner with access to
 the dwelling unit to correct any deficiencies in the
 carbon monoxide alarm that have been reported in writing to
 the owner or the authorized agent of the owner.

(d) The carbon monoxide alarms required
 under this Act may be either battery powered, plug-in with battery back-up,
 or wired into the structure's AC power line with secondary battery back-up.

(Source: P.A. 94-741, eff. 1-1-07.)

430 ILCS 135/15

(430 ILCS 135/15)

Sec. 15. Violation.

(a) Willful failure to install or
 maintain in operating condition any carbon monoxide alarm
 required by this Act is a Class B misdemeanor.

(b) 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.

(Source: P.A. 94-741, eff. 1-1-07.)

430 ILCS 135/20

(430 ILCS 135/20)

Sec. 20. Exemptions. The following residential units shall not require carbon monoxide detectors:
(1) A residential unit in a building that: (i) does

not rely on combustion of fossil fuel for heat, ventilation, or hot water; (ii) is not connected in any way to a garage; and (iii) is not sufficiently close to any ventilated source of carbon monoxide, as determined by the local building commissioner, to receive carbon monoxide from that source.

(2) A residential unit that is not sufficiently close

to any source of carbon monoxide so as to be at risk of receiving carbon monoxide from that source, as determined by the local building commissioner.

(Source: P.A. 94-741, eff. 1-1-07.)