425 ILCS 60/ Smoke Detector Act.

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425 ILCS 60/1

(425 ILCS 60/1) (from Ch. 127 1/2, par. 801)

Sec. 1.

This Act shall be known and may be cited as the Smoke Detector Act.

(Source: P.A. 85-143.)

425 ILCS 60/2

(425 ILCS 60/2) (from Ch. 127 1/2, par. 802)

Sec. 2.

For the purposes of this Act:

"Approved smoke detector" or "detector" means a smoke detector of the
ionization or photoelectric type, which complies with all the requirements
of the Rules and regulations of the Illinois State Fire Marshal.

"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.

"Hotel" means any building or buildings maintained, advertised, or
held out to the public to be a place where lodging is offered for
consideration to travelers and guests.  "Hotel" includes inns, motels,
tourist homes or courts, bed and breakfast establishments and lodging houses.

(Source: P.A. 85-1404.)

425 ILCS 60/3

(425 ILCS 60/3) (from Ch. 127 1/2, par. 803)

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.

(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
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.

(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.

(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
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.

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
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.

(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.

(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) fail to respond to operability tests or otherwise malfunction; 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.

In the case of any dwelling unit that is newly constructed,
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
smoke-detecting alarm devices for the deaf and hearing impaired of audible
and visual design, available for units of occupancy.

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.

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.

(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
requirements of this Section.

(i) (Blank).
(Source: P.A. 100-200, eff. 1-1-23; 102-46, eff. 1-1-22; 102-558, eff. 8-20-21.)

425 ILCS 60/4

(425 ILCS 60/4) (from Ch. 127 1/2, par. 804)

Sec. 4.

(a) Except as provided in subsection (c), willful failure to install or maintain in operating condition any
smoke detector required by this Act shall be a Class B misdemeanor.

(b) Except as provided in subsection (c), 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.

(c)  A party in violation of the battery requirements of subsection (e) of Section 3 of this Act shall be provided with 90 days' 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. 100-200, eff. 1-1-23; 100-863, eff. 8-14-18.)