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Sen. Ira I. Silverstein
Filed: 4/19/2016
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| 1 | | AMENDMENT TO SENATE BILL 2837
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2837, AS AMENDED, |
| 3 | | by replacing everything after the enacting clause with the |
| 4 | | following:
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| 5 | | "Section 5. The Smoke Detector Act is amended by changing |
| 6 | | Sections 3 and 4 as follows:
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| 7 | | (425 ILCS 60/3) (from Ch. 127 1/2, par. 803)
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| 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.
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| 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 |
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| 1 | | unoccupied attics. In dwelling units with split levels,
a smoke |
| 2 | | detector installed on the upper level shall suffice for the
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| 3 | | adjacent lower level if the lower level is less than one full |
| 4 | | story below
the upper level; however, if there is an |
| 5 | | intervening door between the
adjacent levels, a smoke detector |
| 6 | | shall be installed on each level.
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| 7 | | (c) Every structure which (1) contains more than one |
| 8 | | dwelling unit, or
(2) contains at least one dwelling unit and |
| 9 | | is a mixed-use structure, shall
contain at least one approved |
| 10 | | smoke detector at the uppermost ceiling of
each interior |
| 11 | | stairwell. The detector shall be installed on the ceiling,
at |
| 12 | | least 6 inches from the wall, or on a wall located between 4 |
| 13 | | and 6
inches from the ceiling.
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| 14 | | (d) It shall be the responsibility of the owner of a |
| 15 | | structure to supply
and install all required detectors. The |
| 16 | | owner shall be responsible for
making reasonable efforts to |
| 17 | | test and maintain detectors in common
stairwells and hallways. |
| 18 | | It shall be the responsibility of a tenant to
test and to |
| 19 | | provide general maintenance for the detectors within the
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| 20 | | tenant's dwelling unit or rooming unit, and to notify the owner |
| 21 | | or the
authorized agent of the owner in writing of any |
| 22 | | deficiencies which the
tenant cannot correct. The owner shall |
| 23 | | be responsible for providing one
tenant per dwelling unit with |
| 24 | | written information regarding detector
testing and |
| 25 | | maintenance.
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| 26 | | The tenant shall be responsible for replacement of any |
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| 1 | | required batteries
in the smoke detectors in the tenant's |
| 2 | | dwelling unit, except that the owner
shall ensure that such |
| 3 | | batteries are in operating condition at the time
the tenant |
| 4 | | takes possession of the dwelling unit. The tenant shall provide
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| 5 | | the owner or the authorized agent of the owner with access to |
| 6 | | the dwelling
unit to correct any deficiencies in the smoke |
| 7 | | detector which have been
reported in writing to the owner or |
| 8 | | the authorized agent of the owner.
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| 9 | | (e) The requirements of this Section shall apply to any |
| 10 | | dwelling unit
in existence on July 1, 1988, beginning on that |
| 11 | | date. Except as provided
in subsections (f) and (g), the smoke |
| 12 | | detectors required in such dwelling
units may be either: |
| 13 | | battery powered, provided the battery is non-replaceable, |
| 14 | | non-removable, and capable of powering the detector for a |
| 15 | | minimum of 10 years; or wired into the structure's AC power
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| 16 | | line, and need not be interconnected. The Office of the State |
| 17 | | Fire Marshal shall post the requirements of this subsection (e) |
| 18 | | on its official website.
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| 19 | | (1) The battery requirements of this Section shall |
| 20 | | apply to battery powered smoke detectors that: (A) are more |
| 21 | | than 10 years after their date of being manufactured; (B) |
| 22 | | fail to respond to operability tests or otherwise |
| 23 | | malfunction; or (C) are newly installed. |
| 24 | | (2) The battery requirements of this Section do not |
| 25 | | apply to: (A) a fire alarm, smoke detector, smoke alarm, or |
| 26 | | ancillary component that is electronically connected as a |
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| 1 | | part of a centrally monitored or supervised alarm system; |
| 2 | | (B) a fire alarm, smoke detector, smoke alarm, or ancillary |
| 3 | | component that uses: (i) a low-power radio frequency |
| 4 | | wireless communication signal, or (ii) Wi-Fi or other |
| 5 | | wireless Local Area Networking capability to send and |
| 6 | | receive notifications to and from the Internet, such as |
| 7 | | early low battery warnings before the device reaches a |
| 8 | | critical low power level; or (C) such other devices as the |
| 9 | | State Fire Marshal shall designate through its regulatory |
| 10 | | process. |
| 11 | | (f) In the case of any dwelling unit that is newly |
| 12 | | constructed,
reconstructed, or substantially remodelled after |
| 13 | | December 31, 1987, the
requirements of this Section shall apply |
| 14 | | beginning on the first day of
occupancy of the dwelling unit |
| 15 | | after such construction, reconstruction or
substantial |
| 16 | | remodelling. The smoke detectors required in such dwelling
unit |
| 17 | | shall be permanently wired into the structure's AC power line, |
| 18 | | and if
more than one detector is required to be installed |
| 19 | | within the dwelling
unit, the detectors shall be wired so that |
| 20 | | the actuation of one detector
will actuate all the detectors in |
| 21 | | the dwelling unit.
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| 22 | | In the case of any dwelling unit that is newly constructed,
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| 23 | | reconstructed, or substantially remodeled on or after January |
| 24 | | 1, 2011, smoke detectors permanently wired into the structure's |
| 25 | | AC power line must also maintain an alternative back-up power |
| 26 | | source, which may be either a battery or batteries or an |
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| 1 | | emergency generator. |
| 2 | | (g) Every hotel shall be equipped with operational portable
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| 3 | | smoke-detecting alarm devices for the deaf and hearing impaired |
| 4 | | of audible
and visual design, available for units of occupancy.
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| 5 | | Specialized smoke-detectors for the deaf and hearing |
| 6 | | impaired shall be
available upon request by guests in such |
| 7 | | hotels at a rate
of at least one such smoke detector per 75 |
| 8 | | occupancy units or portions
thereof, not to exceed 5 such smoke |
| 9 | | detectors per hotel.
Incorporation or connection into an |
| 10 | | existing interior alarm system, so as
to be capable of being |
| 11 | | activated by the system, may be utilized in lieu of
the |
| 12 | | portable alarms.
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| 13 | | Operators of any hotel shall post conspicuously at the main |
| 14 | | desk a
permanent notice, in letters at least 3 inches in |
| 15 | | height, stating that
smoke detector alarm devices for the deaf |
| 16 | | and hearing impaired are
available. The proprietor may require |
| 17 | | a refundable deposit for a portable
smoke detector not to |
| 18 | | exceed the cost of the detector.
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| 19 | | (g-5) A hotel, as defined in this Act, shall be responsible |
| 20 | | for installing and maintaining smoke detecting equipment. |
| 21 | | (h) Compliance with an applicable federal, State or local |
| 22 | | law or
building code which requires the installation and |
| 23 | | maintenance of smoke
detectors in a manner different from this |
| 24 | | Section, but providing a level of
safety for occupants which is |
| 25 | | equal to or greater than that provided by
this Section, shall |
| 26 | | be deemed to be in compliance with this Section, and
the |
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| 1 | | requirements of such more stringent law shall govern over the
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| 2 | | requirements of this Section.
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| 3 | | (Source: P.A. 96-1292, eff. 1-1-11; 97-447, eff. 1-1-12.)
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| 4 | | (425 ILCS 60/4) (from Ch. 127 1/2, par. 804)
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| 5 | | Sec. 4.
(a) Willful failure to install or maintain in |
| 6 | | operating condition any
smoke detector required by this Act |
| 7 | | shall be a violation of this Act Class B misdemeanor.
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| 8 | | (b) Tampering with, removing, destroying, disconnecting or |
| 9 | | removing the
batteries from any installed smoke detector, |
| 10 | | except in the course of
inspection, maintenance or replacement |
| 11 | | of the detector,
shall be a violation of this Act Class A |
| 12 | | misdemeanor in the case of a first conviction, and a
Class 4 |
| 13 | | felony in the case of a second or subsequent conviction. |
| 14 | | (c) A person who violates this Act is guilty of a petty |
| 15 | | offense and shall be fined a maximum of $100 for the first |
| 16 | | violation, $500 for the second violation, and $1,000 for a |
| 17 | | third or subsequent violation. Each day that there is a |
| 18 | | violation of this Act constitutes a separate offense.
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| 19 | | (Source: P.A. 85-143.)
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| 20 | | Section 99. Effective date. This Act takes effect January |
| 21 | | 1, 2017.".
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