The Illinois Carbon Monoxide Detector Act, specifically 430 ILCS 135/1 (1994) shall be hereby enacted verbatim as an Ordinance of the City of Hoopeston except that the effective shall be the date of passage, and shall therefore read as follows:
A. Every dwelling unit shall be equipped with at least one approved carbon monoxide alarm in operating condition within fifteen 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 fifteen 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 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 section may be either battery powered, plug-in with battery back-up, or wired into the structures AC power line with secondary battery back-up.
E. Upon the complaint of a tenant of a rental property or guest of a motel or hotel, the chief of the Hoopeston fire department shall serve written notice upon the owner/manager of said structure who shall permit inspection of the structure within five days by the chief or assistant chief of the Hoopeston fire department. Failure to comply with this provision shall cause said owner/manager to be subject to a fine for violation of this section not less than one hundred dollars and not more than five hundred dollars. It shall be the duty of the chief or assistant chief of the fire department to notify the police department of such refusal to comply and that a police officer may then cause a notice to appear to issue to the owner or manager of the subject property. “Rental property” shall be defined as any structure owned by one party or parties and leased to another party or parties for use as a residence or residences. “Hotel” and “motel” shall be defined as a hotel with more than one building.
F. Failure by an owner of property to comply with the terms of this section regarding the installation and repair of smoke detectors shall be grounds for issuance of a notice to appear by a police officer of the city of Hoopeston and shall subject the tenant to a fine not less than one hundred dollars and not more than five hundred dollars.
G. Failure by a tenant of property to comply with the terms of this section regarding the inspection and provision of batteries for smoke detectors shall be grounds for issuance of a notice to appear by a police officer of the City of Hoopeston and shall subject the owner/manager to a fine not less than one hundred dollars and not more than five hundred dollars.
(Ord. 2014-14, 2014).