Public Act 094-0741
 

  

    
      

        
        
        
        

          HB5284 Enrolled
          LRB094 17775 LCT 53074 
      b

  

    

  

        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 
      Carbon 

  

    Monoxide Alarm Detector Act.
 

  

        Section 5. 
      Definitions. In this Act:

  

        "Approved carbon 
      monoxide alarm" or "alarm" means a carbon 

  

    monoxide alarm that complies with all the requirements 
      of the 

  

    rules and regulations of the Illinois State Fire 
      Marshal, bears 

  

    the label of a nationally recognized testing 
      laboratory, and 

  

    complies with the most recent standards of the 
      Underwriters 

  

    Laboratories or the Canadian Standard Association. 
      

  

        "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. 
    
 

  

        Section 10. 
      Carbon monoxide detector. 

  

        (a) Every 
      dwelling unit shall be equipped with at least one 

  

    approved carbon monoxide alarm in an operating 
      condition within 

  

    15 feet of every room used for sleeping purposes. The 
      carbon 

  

    monoxide alarm may be combined with smoke detecting 
      devices 

  

    provided that the combined unit complies with the 
      respective 

  

    provisions of the administrative code, reference 
      standards, 

  

    and departmental rules relating to both smoke 
      detecting devices 

  

    and carbon monoxide alarms and provided that the 
      combined unit 

  

    emits an alarm in a manner that clearly differentiates 
      the 

  

    hazard. 

  

        (b) Every 
      structure that contains more than one dwelling 

  

    unit shall contain at least one approved carbon 
      monoxide alarm 

  

    in operating condition within 15 feet of every room 
      used for 

  

    sleeping purposes. 



  
  

    

  

        (c) It is the 
      responsibility of the owner of a structure to 

  

    supply and install all required alarms. It is the 
      

  

    responsibility of a tenant to test and to provide 
      general 

  

    maintenance for the alarms 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 that the 
      tenant 

  

    cannot correct. The owner is responsible for providing 
      one 

  

    tenant per dwelling unit with written information 
      regarding 

  

    alarm testing and maintenance.

  

        The tenant is 
      responsible for replacement of any required 

  

    batteries in the carbon monoxide alarms in the 
      tenant's 

  

    dwelling unit, except that the owner shall ensure that 
      the 

  

    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 
      carbon 

  

    monoxide alarm that have been reported in writing to 
      the owner 

  

    or the authorized agent of the owner. 

  

        (d) The carbon 
      monoxide alarms required under this Act may 

  

    be either battery powered, plug-in with battery 
      back-up, or 

  

    wired into the structure's AC power line with 
      secondary battery 

  

    back-up. 
 

  

        Section 15. 
      Violation. 

  

        (a) Willful 
      failure to install or maintain in operating 

  

    condition any carbon monoxide alarm required by this 
      Act is a 

  

    Class B misdemeanor. 

  

        (b) Tampering 
      with, removing, destroying, disconnecting, 

  

    or removing the batteries from any installed carbon 
      monoxide 

  

    alarm, except in the course of inspection, 
      maintenance, or 

  

    replacement of the alarm, is 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. 
      
 

  

        Section 20. 
      Exemptions. The following residential units 
      

  

    shall not require carbon monoxide 
  detectors:



  
  

    

  

            (1) 
      A residential unit in a building that: (i) does not 

  

        rely on combustion of fossil 
      fuel for heat, ventilation, or 

  

        hot water; (ii) is not 
      connected in any way to a garage; 

  

        and (iii) is not sufficiently 
      close to any ventilated 

  

        source of carbon monoxide, as 
      determined by the local 

  

        building commissioner, to 
      receive carbon monoxide from 

  

        that source.

  

            (2) 
      A residential unit that is not sufficiently close 

  

        to any source of carbon 
      monoxide so as to be at risk of 

  

        receiving carbon monoxide from 
      that source, as determined 

  

        by the local building 
      commissioner.



Effective Date: 1/1/2007


Floor Actions



  
  

    Date
     Action

  

      5/8/2006
    Public Act . . . . . . . . 
      .094-0741