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Full Text of HB5284







 

 		







HB5284 Enrolled

LRB094 17775 LCT 53074 b






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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 1. Short title. This Act may be cited as the Carbon 
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Monoxide Alarm Detector Act.
 
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    Section 5. Definitions. In this Act:
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    "Approved carbon monoxide alarm" or "alarm" means a carbon 
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monoxide alarm that complies with all the requirements of the 
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rules and regulations of the Illinois State Fire Marshal, bears 
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the label of a nationally recognized testing laboratory, and 
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complies with the most recent standards of the Underwriters 
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Laboratories or the Canadian Standard Association.  
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    "Dwelling unit" means a room or suite of rooms used for 
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human habitation, and includes a single family residence as 
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well as each living unit of a multiple family residence and 
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each living unit in a mixed use building.    
 
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    Section 10. Carbon monoxide detector. 
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    (a) Every dwelling unit shall be equipped with at least one 
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approved carbon monoxide alarm in an operating condition within 
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15 feet of every room used for sleeping purposes. The carbon 
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monoxide alarm  may be combined with smoke detecting devices 
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provided that the combined unit complies with the respective 
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provisions of the administrative code, reference standards, 
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and departmental rules relating to both smoke detecting devices 
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and carbon monoxide alarms and provided that the combined unit 
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emits an alarm in a manner that clearly differentiates the 
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hazard.  
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    (b) Every structure that contains more than one dwelling 
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unit shall contain at least one approved carbon monoxide alarm 
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in operating condition within 15 feet of every room used for 
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sleeping purposes.  
 


 






HB5284 Enrolled
- 2 -
LRB094 17775 LCT 53074 b




1
    (c) It is the responsibility of the owner
 of a structure to 
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supply and install all required
 alarms. It is  the 
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responsibility of a tenant to test and to provide
 general 
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maintenance for the alarms within the
 tenant's dwelling unit or 
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rooming unit, and to notify
 the owner or the authorized agent 
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of the owner in
 writing of any deficiencies that the tenant 
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cannot
 correct.   The owner is responsible for providing
 one 
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tenant per dwelling unit with written information
 regarding 
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alarm testing and maintenance.
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    The tenant is responsible for replacement
 of any required 
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batteries in the carbon monoxide alarms in
 the tenant's 
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dwelling unit, except that the owner
 shall ensure that the 
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batteries are in operating
 condition at the time the tenant 
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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
 
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the dwelling unit to correct any deficiencies in the
 carbon 
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monoxide alarm that have been reported in writing to
 the owner 
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or the authorized agent of the owner.  
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    (d) The carbon monoxide alarms required
 under this Act may 
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be either battery powered, plug-in with battery back-up,
 or 
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wired into the structure's AC power line with secondary battery 
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back-up.  
 
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    Section 15. Violation. 
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    (a) Willful failure to install or
 maintain in operating 
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condition any carbon monoxide alarm
 required by this Act is a 
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Class B misdemeanor.  
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    (b) Tampering with, removing, destroying,
 disconnecting, 
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or removing the batteries from any
 installed carbon monoxide 
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alarm, except in the course of
 inspection, maintenance, or 
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replacement of the
 alarm, is a Class A misdemeanor in the case
 
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of a first conviction and a Class 4 felony in the
 case of a 
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second or subsequent conviction.

 
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    Section 20. Exemptions. The following residential units 
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shall not require carbon monoxide detectors:
 


 






HB5284 Enrolled
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LRB094 17775 LCT 53074 b




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        (1) A residential unit in a building that: (i) does not 
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    rely on combustion of fossil fuel for heat, ventilation, or 
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    hot water; (ii) is not connected in any way to a garage; 
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    and (iii) is not sufficiently close to any ventilated 
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    source of carbon monoxide, as determined by the local 
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    building commissioner, to receive carbon monoxide from 
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    that source.
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        (2) A residential unit that is not sufficiently close 
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    to any source of carbon monoxide so as to be at risk of 
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    receiving carbon monoxide from that source, as determined 
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    by the local building commissioner.










  

    

      

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