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| Public Act 100-0200 | ||||
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Smoke Detector Act is amended by changing | ||||
Sections 3 and 4 as follows:
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(425 ILCS 60/3) (from Ch. 127 1/2, par. 803)
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Sec. 3.
(a) Every dwelling unit or hotel shall be equipped | ||||
with at least one
approved smoke detector in an operating | ||||
condition within 15 feet of every room
used for sleeping | ||||
purposes. The detector shall be installed on the ceiling
and at | ||||
least 6 inches from any wall, or on a wall located between 4 | ||||
and 6
inches from the ceiling.
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(b) Every single family residence shall have at least one | ||||
approved smoke
detector installed on every story of the | ||||
dwelling unit, including basements
but not including | ||||
unoccupied attics. In dwelling units with split levels,
a smoke | ||||
detector installed on the upper level shall suffice for the
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adjacent lower level if the lower level is less than one full | ||||
story below
the upper level; however, if there is an | ||||
intervening door between the
adjacent levels, a smoke detector | ||||
shall be installed on each level.
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(c) Every structure which (1) contains more than one | ||||
dwelling unit, or
(2) contains at least one dwelling unit and | ||||
is a mixed-use structure, shall
contain at least one approved | ||
smoke detector at the uppermost ceiling of
each interior | ||
stairwell. The detector shall be installed on the ceiling,
at | ||
least 6 inches from the wall, or on a wall located between 4 | ||
and 6
inches from the ceiling.
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(d) It shall be the responsibility of the owner of a | ||
structure to supply
and install all required detectors. The | ||
owner shall be responsible for
making reasonable efforts to | ||
test and maintain detectors in common
stairwells and hallways. | ||
It shall be the responsibility of a tenant to
test and to | ||
provide general maintenance for the detectors within the
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tenant's dwelling unit or rooming unit, and to notify the owner | ||
or the
authorized agent of the owner in writing of any | ||
deficiencies which the
tenant cannot correct. The owner shall | ||
be responsible for providing one
tenant per dwelling unit with | ||
written information regarding detector
testing and | ||
maintenance.
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The tenant shall be responsible for replacement of any | ||
required batteries
in the smoke detectors in the tenant's | ||
dwelling unit, except that the owner
shall ensure that such | ||
batteries are in operating condition at the time
the tenant | ||
takes possession of the dwelling unit. The tenant shall provide
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the owner or the authorized agent of the owner with access to | ||
the dwelling
unit to correct any deficiencies in the smoke | ||
detector which have been
reported in writing to the owner or | ||
the authorized agent of the owner.
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(e) The requirements of this Section shall apply to any | ||
dwelling unit
in existence on July 1, 1988, beginning on that | ||
date. Except as provided
in subsections (f) and (g), the smoke | ||
detectors required in such dwelling
units may be either: | ||
battery powered provided the battery is a self-contained, | ||
non-removable, long term battery, or wired into the structure's | ||
AC power
line, and need not be interconnected.
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(1) The battery requirements of this Section shall | ||
apply to battery powered smoke detectors that: (A) are in | ||
existence and exceed 10 years from the date of their being | ||
manufactured; (B) fails to respond to operability tests or | ||
otherwise malfunctions; or (C) are newly installed. | ||
(2) The battery requirements of this Section do not | ||
apply to: (A) a fire alarm, smoke detector, smoke alarm, or | ||
ancillary component that is electronically connected as a | ||
part of a centrally monitored or supervised alarm system; | ||
(B) a fire alarm, smoke detector, smoke alarm, or ancillary | ||
component that uses: (i) a low-power radio frequency | ||
wireless communication signal, or (ii) Wi-Fi or other | ||
wireless Local Area Networking capability to send and | ||
receive notifications to and from the Internet, such as | ||
early low battery warnings before the device reaches a | ||
critical low power level; or (C) such other devices as the | ||
State Fire Marshal shall designate through its regulatory | ||
process. | ||
(f) In the case of any dwelling unit that is newly | ||
constructed,
reconstructed, or substantially remodelled after | ||
December 31, 1987, the
requirements of this Section shall apply | ||
beginning on the first day of
occupancy of the dwelling unit | ||
after such construction, reconstruction or
substantial | ||
remodelling. The smoke detectors required in such dwelling
unit | ||
shall be permanently wired into the structure's AC power line, | ||
and if
more than one detector is required to be installed | ||
within the dwelling
unit, the detectors shall be wired so that | ||
the actuation of one detector
will actuate all the detectors in | ||
the dwelling unit.
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In the case of any dwelling unit that is newly constructed,
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reconstructed, or substantially remodeled on or after January | ||
1, 2011, smoke detectors permanently wired into the structure's | ||
AC power line must also maintain an alternative back-up power | ||
source, which may be either a battery or batteries or an | ||
emergency generator. | ||
(g) Every hotel shall be equipped with operational portable
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smoke-detecting alarm devices for the deaf and hearing impaired | ||
of audible
and visual design, available for units of occupancy.
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Specialized smoke-detectors for the deaf and hearing | ||
impaired shall be
available upon request by guests in such | ||
hotels at a rate
of at least one such smoke detector per 75 | ||
occupancy units or portions
thereof, not to exceed 5 such smoke | ||
detectors per hotel.
Incorporation or connection into an | ||
existing interior alarm system, so as
to be capable of being | ||
activated by the system, may be utilized in lieu of
the | ||
portable alarms.
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Operators of any hotel shall post conspicuously at the main | ||
desk a
permanent notice, in letters at least 3 inches in | ||
height, stating that
smoke detector alarm devices for the deaf | ||
and hearing impaired are
available. The proprietor may require | ||
a refundable deposit for a portable
smoke detector not to | ||
exceed the cost of the detector.
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(g-5) A hotel, as defined in this Act, shall be responsible | ||
for installing and maintaining smoke detecting equipment. | ||
(h) Compliance with an applicable federal, State or local | ||
law or
building code which requires the installation and | ||
maintenance of smoke
detectors in a manner different from this | ||
Section, but providing a level of
safety for occupants which is | ||
equal to or greater than that provided by
this Section, shall | ||
be deemed to be in compliance with this Section, and
the | ||
requirements of such more stringent law shall govern over the
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requirements of this Section.
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(i) The requirements of this Section shall not apply to | ||
dwelling units and hotels within municipalities with a | ||
population over 1,000,000 inhabitants. | ||
(Source: P.A. 96-1292, eff. 1-1-11; 97-447, eff. 1-1-12.)
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(425 ILCS 60/4) (from Ch. 127 1/2, par. 804)
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Sec. 4.
(a) Except as provided in subsection (c), willful | ||
Willful failure to install or maintain in operating condition | ||
any
smoke detector required by this Act shall be a Class B | ||
misdemeanor.
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(b) Except as provided in subsection (c), tampering | ||
Tampering with, removing, destroying, disconnecting or | ||
removing the
batteries from any installed smoke detector, | ||
except in the course of
inspection, maintenance or replacement | ||
of the detector,
shall be 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.
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(c) A party in violation of the battery requirements of | ||
subsection (e) of Section 3 of this Act shall be provided with | ||
90 day's warning with which to rectify that violation. If that | ||
party fails to rectify the violation within that 90 day period, | ||
he or she may be assessed a fine of up to $100, and may be fined | ||
$100 every 30 days thereafter until either the violation is | ||
rectified or the cumulative amount of fines assessed reaches | ||
$1,500. The provisions of subsection (a) and (b) of this | ||
Section shall apply only after the penalty provided under this | ||
subsection (c) has been exhausted to the extent that a | ||
violating party has reached the $1,500 cumulative fine | ||
threshold and has failed to rectify the violation. | ||
If the alleged violation has been corrected prior to or on | ||
the date of the hearing scheduled to adjudicate the alleged | ||
violation, then the violation shall be dismissed | ||
(Source: P.A. 85-143.)
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Section 99. Effective date. This Act takes effect January | ||
1, 2023.
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