Illinois General Assembly - Full Text of SB1370
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Full Text of SB1370  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 2/6/2023, by Sen. Craig Wilcox


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.

LRB103 24878 CPF 51211 b





SB1370LRB103 24878 CPF 51211 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. Definitions.
7    As used in this Act:
8    "Dwelling unit" means a room or suite of rooms used for
9human habitation and includes a single family residence as
10well as each living unit of a multiple family residence and
11each living unit in a mixed-use building.
12    "Fuel gas detector" means a device that:
13        (1) has an assembly that incorporates a sensor control
14    component that detects elevated levels of propane, natural
15    gas, or liquefied petroleum gas;
16        (2) sounds a warning alarm when elevated levels of
17    propane, natural gas, or liquefied petroleum gas are
18    detected;
19        (3) is approved or listed by a nationally recognized
20    independent testing laboratory; and
21        (4) is battery-operated, plugged into an electrical
22    outlet, or hardwired.



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1    Section 10. Fuel gas detector required. The owner of any
2of the following buildings shall install, or cause to be
3installed, in accordance with the manufacturer's requirements,
4at least one fuel gas detector in every room in the building in
5which there is located an appliance fueled by propane, natural
6gas, or liquefied petroleum gas:
7        (1) A structure in which one or more dwelling units
8    are located.
9        (2) A fraternity house, sorority house, or dormitory
10    that is affiliated with an educational facility or entity.
11        (3) A children's home, emergency children's shelter,
12    children's residential care facility, shelter for homeless
13    children, or specialized children's home.
14        (4) A hotel as defined in Section 2 of the Hotel
15    Operators' Occupation Tax Act.
16    Section 15. Residential rental units. The following
17requirements apply to a residential rental unit occupied under
18the terms of a rental agreement or under a month-to-month
20        (1) At the beginning of each occupancy, the owner of
21    the building shall provide fuel gas detectors in
22    accordance with Section 10 if fuel gas detectors are not
23    already present. Each fuel gas detector must be in working
24    condition. After notification, in writing, by the tenant
25    of any deficiencies in a fuel gas detector, the owner of



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1    the building shall repair or replace the fuel gas
2    detector. If the owner does not know and has not been
3    notified of the need to repair or replace a fuel gas
4    detector, the owner's failure to repair or replace the
5    fuel gas detector may not be considered evidence of
6    negligence in a subsequent civil action arising from
7    death, property loss, or personal injury.
8        (2) The tenant shall keep each fuel gas detector
9    within the tenant's unit in working condition by keeping
10    the fuel gas detector connected to the electrical service
11    in the building or keeping charged batteries in a
12    battery-operated fuel gas detector, testing the fuel gas
13    detector periodically, and refraining from disabling the
14    fuel gas detector.
15    Section 20. Transfer of building.
16    (a) A person who, after January 1, 2024, acquires by sale
17or exchange a building listed in paragraph (1) of Section 10
18shall install fuel gas detectors in accordance with Section 10
19in the acquired building within 30 days after the acquisition
20or occupancy of the building, whichever is later, if fuel gas
21detectors that satisfy the requirements of Section 10 are not
22already present, and shall certify at the closing of the
23transaction that fuel gas detectors will be installed. The
24certification must be signed and dated by the person acquiring
25the building. A fuel gas detector must be installed, in



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1accordance with the manufacturer's installation requirements,
2in each area containing an appliance fueled by propane,
3natural gas, or liquefied petroleum gas.
4    (b) A person does not have a claim for relief against a
5property owner, a property purchaser, an authorized agent of a
6property owner or purchaser, a person in possession of real
7property, a closing agent, or a lender for any damages
8resulting from the operation, maintenance, or effectiveness of
9a fuel gas detector installed in accordance with this Act.
10    (c) Violation of this Section does not create a defect in
12    Section 25. Penalties. A person who violates this Act is
13liable for a civil penalty of not more than $500 for each
14violation. The penalties provided for in this Section may be
15recovered in a civil action brought in the name of the People
16of the State of Illinois by the State's Attorney of the county
17in which the violation occurred or by the Attorney General.
18Any penalties collected by the Attorney General shall be
19deposited into the General Revenue Fund. A court may waive any
20civil penalty or cost against a violator upon satisfactory
21proof that the violation was corrected within 10 days after
22notice of the violation was first provided.
23    Section 30. Liability. Nothing in this Act gives rise to
24any action against a building owner required to comply with



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1Sections 10 or 15 if the owner has conducted an inspection of
2the required fuel gas detectors immediately after their
3installation and has reinspected the fuel gas detectors prior
4to occupancy by each new tenant, unless the owner has been
5given at least 24 hours' actual notice of a defect or failure
6of a fuel gas detector's proper operation and has failed to
7take action to correct the defect or failure.
8    Section 35. Noninterference. A person may not knowingly
9interfere with or make inoperative any fuel gas detector
10required by this Act, except that the owner or the agent of an
11owner of a building may temporarily disconnect a fuel gas
12detector in a dwelling unit or common area only for
13construction or rehabilitation activities when such activities
14are likely to activate the fuel gas detector or make it
15inactive. The fuel gas detector must be immediately
16reconnected at the cessation of construction or rehabilitation
17activities each day, regardless of the intent to return to
18construction or rehabilitation activities on any succeeding
20    Section 99. Effective date. This Act takes effect January
211, 2024.