102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2932

 

Introduced 10/13/2021, 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 any liquefied petroleum gas in each unit within 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, 2023, acquires by sale or exchange a fraternity house, sorority house, or dormitory shall install fuel gas detectors in the acquired building if fuel gas detectors are not already present. Provides that a person who violates the Act commits a civil violation for which a civil penalty of not more than $500 for each violation may be adjudged. Provides that nothing in the Act gives rise to any action against an owner required to comply with the Act if the owner meets specified 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, 2023.


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A BILL FOR

 

SB2932LRB102 19966 CPF 28749 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Fuel
5Gas Detector Act.
 
6    Section 5. Definition. In this Act, "fuel gas detector"
7means a device:
8        (1) with an assembly that incorporates a sensor
9    control component and an alarm notification that detects
10    elevations in propane, natural gas, or any liquefied
11    petroleum gas;
12        (2) that sounds a warning alarm; and
13        (3) that is approved or listed for the purpose
14    specified in paragraph (2) by a nationally recognized
15    independent testing laboratory.
16    A fuel gas detector may be battery-operated, plugged into
17an electrical outlet, or hardwired.
 
18    Section 10. Fuel gas detector required. A building owner
19shall install or cause to be installed, in accordance with the
20fuel gas detector's manufacturer requirements, at least one
21fuel gas detector in every room containing an appliance fueled
22by propane, natural gas, or any liquefied petroleum gas in the

 

 

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1following:
2        (1) Each unit in any building of multifamily
3    occupancy.
4        (2) A fraternity house, sorority house, or dormitory
5    that is affiliated with an educational facility.
6        (3) A children's home, emergency children's shelter,
7    children's residential care facility, shelter for homeless
8    children, or specialized children's home.
9        (4) A hotel, motel, or inn.
 
10    Section 15. Residential rental units. The following apply
11to a residential rental unit occupied under the terms of a
12rental agreement or under a month-to-month tenancy:
13        (1) At the time of each occupancy, the landlord shall
14    provide fuel gas detectors in accordance with Section 10
15    if fuel gas detectors are not already present. Each fuel
16    gas detector must be in working condition. After
17    notification, in writing, by the tenant of any
18    deficiencies in a fuel gas detector, the landlord shall
19    repair or replace the fuel gas detector. If the landlord
20    does not know and has not been notified of the need to
21    repair or replace a fuel gas detector, the landlord's
22    failure to repair or replace the fuel gas detector may not
23    be considered evidence of negligence in a subsequent civil
24    action arising from death, property loss, or personal
25    injury.

 

 

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1        (2) The tenant shall keep each fuel gas detector
2    within the tenant's unit in working condition by keeping
3    the fuel gas detector connected to the electrical service
4    in the building or keeping charged batteries in a
5    battery-operated fuel gas detector, testing the fuel gas
6    detector periodically, and refraining from disabling the
7    fuel gas detector.
 
8    Section 20. Transfer of building.
9    (a) A person who, after January 1, 2023, acquires by sale
10or exchange a building listed in paragraph (2) of Section 10
11shall install fuel gas detectors in accordance with Section 10
12in the acquired building within 30 days of acquisition or
13occupancy of the building, whichever is later, if fuel gas
14detectors in accordance with Section 10 are not already
15present, and shall certify at the closing of the transaction
16that fuel gas detectors will be installed. The certification
17must be signed and dated by the person acquiring the building.
18A fuel gas detector must be installed in accordance with the
19manufacturer's requirements at the time of installation in
20each area containing an appliance fueled by propane, natural
21gas, or liquefied petroleum gas.
22    (b) A person does not have a claim for relief against a
23property owner, a property purchaser, an authorized agent of a
24property owner or purchaser, a person in possession of real
25property, a closing agent, or a lender for any damages

 

 

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1resulting from the operation, maintenance, or effectiveness of
2a fuel gas detector installed in accordance with this Act.
3    (c) Violation of this Section does not create a defect in
4title.
 
5    Section 25. Penalties. A person who violates this Act
6commits a civil violation for which a civil penalty of not more
7than $500 for each violation may be adjudged. A court may waive
8any civil penalty or cost against a violator upon satisfactory
9proof that the violation was corrected within 10 days after
10the issuance of the complaint of violation.
 
11    Section 30. Liability. Nothing in this Act gives rise to
12any action against a building owner required to comply with
13Sections 10 or 15 if the owner has conducted an inspection of
14the required fuel gas detectors immediately after installation
15and has reinspected the fuel gas detectors prior to occupancy
16by each new tenant, unless the owner has been given at least 24
17hours' actual notice of a defect or failure of a fuel gas
18detector to operate properly and has failed to take action to
19correct the defect or failure.
 
20    Section 35. Noninterference. A person may not knowingly
21interfere with or make inoperative any fuel gas detector
22required by this Act, except that the owner or the agent of an
23owner of a building may temporarily disconnect a fuel gas

 

 

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1detector in a dwelling unit or common area only for
2construction or rehabilitation activities when such activities
3are likely to activate the fuel gas detector or make it
4inactive. The fuel gas detector must be immediately
5reconnected at the cessation of construction or rehabilitation
6activities each day, regardless of the intent to return to
7construction or rehabilitation activities on any succeeding
8day.
 
9    Section 99. Effective date. This Act takes effect January
101, 2023.