Bill Text: IL SB1370 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Creates the Fuel Gas Detector Act. Provides that a building owner shall install, or cause to be installed, at least one fuel gas detector in every room containing an appliance fueled by propane, natural gas, or liquefied petroleum gas in specified buildings. Contains requirements for residential rental units occupied under the terms of a rental agreement or under a month-to-month tenancy. Provides that a person who, after January 1, 2024, acquires a specified building by sale or exchange shall install fuel gas detectors in the acquired building if fuel gas detectors are not already present. Contains penalties for violations of the Act. Provides that nothing in the Act gives rise to any action against an owner required to comply with the Act if the owner meets certain requirements. Provides that a person may not knowingly interfere with or make inoperative any fuel gas detector required by the Act except under specified circumstances. Contains other provisions. Effective January 1, 2024.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2023-02-06 - Referred to Assignments [SB1370 Detail]

Download: Illinois-2023-SB1370-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1370 Introduced 2/6/2023, by Sen. Craig Wilcox SYNOPSIS AS INTRODUCED:
New Act
Creates the Fuel Gas Detector Act. Provides that a building owner shall install, or cause to be installed, at least one fuel gas detector in every room containing an appliance fueled by propane, natural gas, or liquefied petroleum gas in specified buildings. Contains requirements for residential rental units occupied under the terms of a rental agreement or under a month-to-month tenancy. Provides that a person who, after January 1, 2024, acquires a specified building by sale or exchange shall install fuel gas detectors in the acquired building if fuel gas detectors are not already present. Contains penalties for violations of the Act. Provides that nothing in the Act gives rise to any action against an owner required to comply with the Act if the owner meets certain requirements. Provides that a person may not knowingly interfere with or make inoperative any fuel gas detector required by the Act except under specified circumstances. Contains other provisions. Effective January 1, 2024.
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A BILL FOR
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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Fuel
Gas Detector Act.
Section 5. Definitions.
As used in this Act:
"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.
"Fuel gas detector" means a device that:
(1) has an assembly that incorporates a sensor control
component that detects elevated levels of propane, natural
gas, or liquefied petroleum gas;
(2) sounds a warning alarm when elevated levels of
propane, natural gas, or liquefied petroleum gas are
detected;
(3) is approved or listed by a nationally recognized
independent testing laboratory; and
(4) is battery-operated, plugged into an electrical
outlet, or hardwired.

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Section 10. Fuel gas detector required. The owner of any
of the following buildings shall install, or cause to be
installed, in accordance with the manufacturer's requirements,
at least one fuel gas detector in every room in the building in
which there is located an appliance fueled by propane, natural
gas, or liquefied petroleum gas:
(1) A structure in which one or more dwelling units
are located.
(2) A fraternity house, sorority house, or dormitory
that is affiliated with an educational facility or entity.
(3) A children's home, emergency children's shelter,
children's residential care facility, shelter for homeless
children, or specialized children's home.
(4) A hotel as defined in Section 2 of the Hotel
Operators' Occupation Tax Act.
Section 15. Residential rental units. The following
requirements apply to a residential rental unit occupied under
the terms of a rental agreement or under a month-to-month
tenancy:
(1) At the beginning of each occupancy, the owner of
the building shall provide fuel gas detectors in
accordance with Section 10 if fuel gas detectors are not
already present. Each fuel gas detector must be in working
condition. After notification, in writing, by the tenant
of any deficiencies in a fuel gas detector, the owner of

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the building shall repair or replace the fuel gas
detector. If the owner does not know and has not been
notified of the need to repair or replace a fuel gas
detector, the owner's failure to repair or replace the
fuel gas detector may not be considered evidence of
negligence in a subsequent civil action arising from
death, property loss, or personal injury.
(2) The tenant shall keep each fuel gas detector
within the tenant's unit in working condition by keeping
the fuel gas detector connected to the electrical service
in the building or keeping charged batteries in a
battery-operated fuel gas detector, testing the fuel gas
detector periodically, and refraining from disabling the
fuel gas detector.
Section 20. Transfer of building.
(a) A person who, after January 1, 2024, acquires by sale
or exchange a building listed in paragraph (1) of Section 10
shall install fuel gas detectors in accordance with Section 10
in the acquired building within 30 days after the acquisition
or occupancy of the building, whichever is later, if fuel gas
detectors that satisfy the requirements of Section 10 are not
already present, and shall certify at the closing of the
transaction that fuel gas detectors will be installed. The
certification must be signed and dated by the person acquiring
the building. A fuel gas detector must be installed, in

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accordance with the manufacturer's installation requirements,
in each area containing an appliance fueled by propane,
natural gas, or liquefied petroleum gas.
(b) A person does not have a claim for relief against a
property owner, a property purchaser, an authorized agent of a
property owner or purchaser, a person in possession of real
property, a closing agent, or a lender for any damages
resulting from the operation, maintenance, or effectiveness of
a fuel gas detector installed in accordance with this Act.
(c) Violation of this Section does not create a defect in
title.
Section 25. Penalties. A person who violates this Act is
liable for a civil penalty of not more than $500 for each
violation. The penalties provided for in this Section may be
recovered in a civil action brought in the name of the People
of the State of Illinois by the State's Attorney of the county
in which the violation occurred or by the Attorney General.
Any penalties collected by the Attorney General shall be
deposited into the General Revenue Fund. A court may waive any
civil penalty or cost against a violator upon satisfactory
proof that the violation was corrected within 10 days after
notice of the violation was first provided.
Section 30. Liability. Nothing in this Act gives rise to
any action against a building owner required to comply with

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Sections 10 or 15 if the owner has conducted an inspection of
the required fuel gas detectors immediately after their
installation and has reinspected the fuel gas detectors prior
to occupancy by each new tenant, unless the owner has been
given at least 24 hours' actual notice of a defect or failure
of a fuel gas detector's proper operation and has failed to
take action to correct the defect or failure.
Section 35. Noninterference. A person may not knowingly
interfere with or make inoperative any fuel gas detector
required by this Act, except that the owner or the agent of an
owner of a building may temporarily disconnect a fuel gas
detector in a dwelling unit or common area only for
construction or rehabilitation activities when such activities
are likely to activate the fuel gas detector or make it
inactive. The fuel gas detector must be immediately
reconnected at the cessation of construction or rehabilitation
activities each day, regardless of the intent to return to
construction or rehabilitation activities on any succeeding
day.
Section 99. Effective date. This Act takes effect January
1, 2024.