Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3663 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3663 Introduced 2/9/2024, 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 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, 2025. LRB103 38166 JRC 68299 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3663 Introduced 2/9/2024, by Sen. Craig Wilcox SYNOPSIS AS INTRODUCED: New Act 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, 2025. LRB103 38166 JRC 68299 b LRB103 38166 JRC 68299 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3663 Introduced 2/9/2024, by Sen. Craig Wilcox SYNOPSIS AS INTRODUCED:
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55 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, 2025.
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1111 1 AN ACT concerning safety.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 1. Short title. This Act may be cited as the Fuel
1515 5 Gas Detector Act.
1616 6 Section 5. Definitions.
1717 7 As used in this Act:
1818 8 "Dwelling unit" means a room or suite of rooms used for
1919 9 human habitation and includes a single family residence as
2020 10 well as each living unit of a multiple family residence and
2121 11 each living unit in a mixed-use building.
2222 12 "Fuel gas detector" means a device that:
2323 13 (1) has an assembly that incorporates a sensor control
2424 14 component that detects elevated levels of propane, natural
2525 15 gas, or liquefied petroleum gas;
2626 16 (2) sounds a warning alarm when elevated levels of
2727 17 propane, natural gas, or liquefied petroleum gas are
2828 18 detected;
2929 19 (3) is approved or listed by a nationally recognized
3030 20 independent testing laboratory; and
3131 21 (4) is battery-operated, plugged into an electrical
3232 22 outlet, or hardwired.
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3636 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3663 Introduced 2/9/2024, by Sen. Craig Wilcox SYNOPSIS AS INTRODUCED:
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3939 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, 2025.
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6767 1 Section 10. Fuel gas detector required. The owner of any
6868 2 of the following buildings shall install, or cause to be
6969 3 installed, in accordance with the manufacturer's requirements,
7070 4 at least one fuel gas detector in every room in the building in
7171 5 which there is located an appliance fueled by propane, natural
7272 6 gas, or liquefied petroleum gas:
7373 7 (1) A structure in which one or more dwelling units
7474 8 are located.
7575 9 (2) A fraternity house, sorority house, or dormitory
7676 10 that is affiliated with an educational facility or entity.
7777 11 (3) A children's home, emergency children's shelter,
7878 12 children's residential care facility, shelter for homeless
7979 13 children, or specialized children's home.
8080 14 (4) A hotel as defined in Section 2 of the Hotel
8181 15 Operators' Occupation Tax Act.
8282 16 Section 15. Residential rental units. The following
8383 17 requirements apply to a residential rental unit occupied under
8484 18 the terms of a rental agreement or under a month-to-month
8585 19 tenancy:
8686 20 (1) At the beginning of each occupancy, the owner of
8787 21 the building shall provide fuel gas detectors in
8888 22 accordance with Section 10 if fuel gas detectors are not
8989 23 already present. Each fuel gas detector must be in working
9090 24 condition. After notification, in writing, by the tenant
9191 25 of any deficiencies in a fuel gas detector, the owner of
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102102 1 the building shall repair or replace the fuel gas
103103 2 detector. If the owner does not know and has not been
104104 3 notified of the need to repair or replace a fuel gas
105105 4 detector, the owner's failure to repair or replace the
106106 5 fuel gas detector may not be considered evidence of
107107 6 negligence in a subsequent civil action arising from
108108 7 death, property loss, or personal injury.
109109 8 (2) The tenant shall keep each fuel gas detector
110110 9 within the tenant's unit in working condition by keeping
111111 10 the fuel gas detector connected to the electrical service
112112 11 in the building or keeping charged batteries in a
113113 12 battery-operated fuel gas detector, testing the fuel gas
114114 13 detector periodically, and refraining from disabling the
115115 14 fuel gas detector.
116116 15 Section 20. Transfer of building.
117117 16 (a) A person who, after January 1, 2025, acquires by sale
118118 17 or exchange a building listed in paragraph (1) of Section 10
119119 18 shall install fuel gas detectors in accordance with Section 10
120120 19 in the acquired building within 30 days after the acquisition
121121 20 or occupancy of the building, whichever is later, if fuel gas
122122 21 detectors that satisfy the requirements of Section 10 are not
123123 22 already present, and shall certify at the closing of the
124124 23 transaction that fuel gas detectors will be installed. The
125125 24 certification must be signed and dated by the person acquiring
126126 25 the building. A fuel gas detector must be installed, in
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137137 1 accordance with the manufacturer's installation requirements,
138138 2 in each area containing an appliance fueled by propane,
139139 3 natural gas, or liquefied petroleum gas.
140140 4 (b) A person does not have a claim for relief against a
141141 5 property owner, a property purchaser, an authorized agent of a
142142 6 property owner or purchaser, a person in possession of real
143143 7 property, a closing agent, or a lender for any damages
144144 8 resulting from the operation, maintenance, or effectiveness of
145145 9 a fuel gas detector installed in accordance with this Act.
146146 10 (c) Violation of this Section does not create a defect in
147147 11 title.
148148 12 Section 25. Penalties. A person who violates this Act is
149149 13 liable for a civil penalty of not more than $500 for each
150150 14 violation. The penalties provided for in this Section may be
151151 15 recovered in a civil action brought in the name of the People
152152 16 of the State of Illinois by the State's Attorney of the county
153153 17 in which the violation occurred or by the Attorney General.
154154 18 Any penalties collected by the Attorney General shall be
155155 19 deposited into the General Revenue Fund. A court may waive any
156156 20 civil penalty or cost against a violator upon satisfactory
157157 21 proof that the violation was corrected within 10 days after
158158 22 notice of the violation was first provided.
159159 23 Section 30. Liability. Nothing in this Act gives rise to
160160 24 any action against a building owner required to comply with
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171171 1 Sections 10 or 15 if the owner has conducted an inspection of
172172 2 the required fuel gas detectors immediately after their
173173 3 installation and has reinspected the fuel gas detectors prior
174174 4 to occupancy by each new tenant, unless the owner has been
175175 5 given at least 24 hours' actual notice of a defect or failure
176176 6 of a fuel gas detector's proper operation and has failed to
177177 7 take action to correct the defect or failure.
178178 8 Section 35. Noninterference. A person may not knowingly
179179 9 interfere with or make inoperative any fuel gas detector
180180 10 required by this Act, except that the owner or the agent of an
181181 11 owner of a building may temporarily disconnect a fuel gas
182182 12 detector in a dwelling unit or common area only for
183183 13 construction or rehabilitation activities when such activities
184184 14 are likely to activate the fuel gas detector or make it
185185 15 inactive. The fuel gas detector must be immediately
186186 16 reconnected at the cessation of construction or rehabilitation
187187 17 activities each day, regardless of the intent to return to
188188 18 construction or rehabilitation activities on any succeeding
189189 19 day.
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