Illinois General Assembly - Full Text of HB3773
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Full Text of HB3773  100th General Assembly




HB3773 EnrolledLRB100 10423 MJP 20626 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 5. The Smoke Detector Act is amended by changing
5Sections 3 and 4 as follows:
6    (425 ILCS 60/3)  (from Ch. 127 1/2, par. 803)
7    Sec. 3. (a) Every dwelling unit or hotel shall be equipped
8with at least one approved smoke detector in an operating
9condition within 15 feet of every room used for sleeping
10purposes. The detector shall be installed on the ceiling and at
11least 6 inches from any wall, or on a wall located between 4
12and 6 inches from the ceiling.
13    (b) Every single family residence shall have at least one
14approved smoke detector installed on every story of the
15dwelling unit, including basements but not including
16unoccupied attics. In dwelling units with split levels, a smoke
17detector installed on the upper level shall suffice for the
18adjacent lower level if the lower level is less than one full
19story below the upper level; however, if there is an
20intervening door between the adjacent levels, a smoke detector
21shall be installed on each level.
22    (c) Every structure which (1) contains more than one
23dwelling unit, or (2) contains at least one dwelling unit and



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1is a mixed-use structure, shall contain at least one approved
2smoke detector at the uppermost ceiling of each interior
3stairwell. The detector shall be installed on the ceiling, at
4least 6 inches from the wall, or on a wall located between 4
5and 6 inches from the ceiling.
6    (d) It shall be the responsibility of the owner of a
7structure to supply and install all required detectors. The
8owner shall be responsible for making reasonable efforts to
9test and maintain detectors in common stairwells and hallways.
10It shall be the responsibility of a tenant to test and to
11provide general maintenance for the detectors within the
12tenant's dwelling unit or rooming unit, and to notify the owner
13or the authorized agent of the owner in writing of any
14deficiencies which the tenant cannot correct. The owner shall
15be responsible for providing one tenant per dwelling unit with
16written information regarding detector testing and
18    The tenant shall be responsible for replacement of any
19required batteries in the smoke detectors in the tenant's
20dwelling unit, except that the owner shall ensure that such
21batteries are in operating condition at the time the tenant
22takes possession of the dwelling unit. The tenant shall provide
23the owner or the authorized agent of the owner with access to
24the dwelling unit to correct any deficiencies in the smoke
25detector which have been reported in writing to the owner or
26the authorized agent of the owner.



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1    (e) The requirements of this Section shall apply to any
2dwelling unit in existence on July 1, 1988, beginning on that
3date. Except as provided in subsections (f) and (g), the smoke
4detectors required in such dwelling units may be either:
5battery powered provided the battery is a self-contained,
6non-removable, long term battery, or wired into the structure's
7AC power line, and need not be interconnected.
8        (1) The battery requirements of this Section shall
9    apply to battery powered smoke detectors that: (A) are in
10    existence and exceed 10 years from the date of their being
11    manufactured; (B) fails to respond to operability tests or
12    otherwise malfunctions; or (C) are newly installed.
13        (2) The battery requirements of this Section do not
14    apply to: (A) a fire alarm, smoke detector, smoke alarm, or
15    ancillary component that is electronically connected as a
16    part of a centrally monitored or supervised alarm system;
17    (B) a fire alarm, smoke detector, smoke alarm, or ancillary
18    component that uses: (i) a low-power radio frequency
19    wireless communication signal, or (ii) Wi-Fi or other
20    wireless Local Area Networking capability to send and
21    receive notifications to and from the Internet, such as
22    early low battery warnings before the device reaches a
23    critical low power level; or (C) such other devices as the
24    State Fire Marshal shall designate through its regulatory
25    process.
26    (f) In the case of any dwelling unit that is newly



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1constructed, reconstructed, or substantially remodelled after
2December 31, 1987, the requirements of this Section shall apply
3beginning on the first day of occupancy of the dwelling unit
4after such construction, reconstruction or substantial
5remodelling. The smoke detectors required in such dwelling unit
6shall be permanently wired into the structure's AC power line,
7and if more than one detector is required to be installed
8within the dwelling unit, the detectors shall be wired so that
9the actuation of one detector will actuate all the detectors in
10the dwelling unit.
11    In the case of any dwelling unit that is newly constructed,
12reconstructed, or substantially remodeled on or after January
131, 2011, smoke detectors permanently wired into the structure's
14AC power line must also maintain an alternative back-up power
15source, which may be either a battery or batteries or an
16emergency generator.
17    (g) Every hotel shall be equipped with operational portable
18smoke-detecting alarm devices for the deaf and hearing impaired
19of audible and visual design, available for units of occupancy.
20    Specialized smoke-detectors for the deaf and hearing
21impaired shall be available upon request by guests in such
22hotels at a rate of at least one such smoke detector per 75
23occupancy units or portions thereof, not to exceed 5 such smoke
24detectors per hotel. Incorporation or connection into an
25existing interior alarm system, so as to be capable of being
26activated by the system, may be utilized in lieu of the



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1portable alarms.
2    Operators of any hotel shall post conspicuously at the main
3desk a permanent notice, in letters at least 3 inches in
4height, stating that smoke detector alarm devices for the deaf
5and hearing impaired are available. The proprietor may require
6a refundable deposit for a portable smoke detector not to
7exceed the cost of the detector.
8    (g-5) A hotel, as defined in this Act, shall be responsible
9for installing and maintaining smoke detecting equipment.
10    (h) Compliance with an applicable federal, State or local
11law or building code which requires the installation and
12maintenance of smoke detectors in a manner different from this
13Section, but providing a level of safety for occupants which is
14equal to or greater than that provided by this Section, shall
15be deemed to be in compliance with this Section, and the
16requirements of such more stringent law shall govern over the
17requirements of this Section.
18    (i) The requirements of this Section shall not apply to
19dwelling units and hotels within municipalities with a
20population over 1,000,000 inhabitants.
21(Source: P.A. 96-1292, eff. 1-1-11; 97-447, eff. 1-1-12.)
22    (425 ILCS 60/4)  (from Ch. 127 1/2, par. 804)
23    Sec. 4. (a) Except as provided in subsection (c), willful
24Willful failure to install or maintain in operating condition
25any smoke detector required by this Act shall be a Class B



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2    (b) Except as provided in subsection (c), tampering
3Tampering with, removing, destroying, disconnecting or
4removing the batteries from any installed smoke detector,
5except in the course of inspection, maintenance or replacement
6of the detector, shall be a Class A misdemeanor in the case of
7a first conviction, and a Class 4 felony in the case of a
8second or subsequent conviction.
9    (c) A party in violation of the battery requirements of
10subsection (e) of Section 3 of this Act shall be provided with
1190 day's warning with which to rectify that violation. If that
12party fails to rectify the violation within that 90 day period,
13he or she may be assessed a fine of up to $100, and may be fined
14$100 every 30 days thereafter until either the violation is
15rectified or the cumulative amount of fines assessed reaches
16$1,500. The provisions of subsection (a) and (b) of this
17Section shall apply only after the penalty provided under this
18subsection (c) has been exhausted to the extent that a
19violating party has reached the $1,500 cumulative fine
20threshold and has failed to rectify the violation.
21    If the alleged violation has been corrected prior to or on
22the date of the hearing scheduled to adjudicate the alleged
23violation, then the violation shall be dismissed
24(Source: P.A. 85-143.)
25    Section 99. Effective date. This Act takes effect January
261, 2023.