SB1161sam001 103RD GENERAL ASSEMBLY

Sen. Craig Wilcox

Filed: 4/11/2024

10300SB1161sam001 LRB103 05654 BDA 71605 a

AMENDMENT TO SENATE BILL 1161

AMENDMENT NO. ______. Amend Senate Bill 1161 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Fuel Gas Detector Act.

Section 5. Definitions.

As used in this Act:

"Dwelling unit" means a room or suite of rooms used for human habitation and includes a single family residence as well as each living unit of a multiple family residence and each living unit in a mixed-use building.

"Fuel gas detector" means a device that:

(1) has an assembly that incorporates a sensor control component that detects elevated levels of propane, natural gas, or liquefied petroleum gas;

(2) sounds a warning alarm when elevated levels of propane, natural gas, or liquefied petroleum gas are detected;

(3) is approved or listed by a nationally recognized independent testing laboratory; and

(4) is battery-operated, plugged into an electrical outlet, or hardwired.

Section 10. Fuel gas detector required. The owner of any of the following buildings shall install, or cause to be installed, in accordance with the manufacturer's requirements, at least one fuel gas detector in the rooms in the building in which there is located an appliance fueled by propane, natural gas, or liquefied petroleum gas:

(1) A structure in which one or more dwelling units are located.

(2) A fraternity house, sorority house, or dormitory that is affiliated with an educational facility or entity.

(3) A children's home, emergency children's shelter, children's residential care facility, shelter for homeless children, or specialized children's home.

(4) A hotel as defined in Section 2 of the Hotel Operators' Occupation Tax Act.

Section 15. Residential rental units. The following requirements apply to a residential rental unit occupied under the terms of a rental agreement or under a month-to-month tenancy:

(1) At the beginning of each occupancy, the owner of the building shall provide fuel gas detectors in accordance with Section 10 if fuel gas detectors are not already present. Each fuel gas detector must be in working condition. After notification, in writing, by the tenant of any deficiencies in a fuel gas detector, the owner of the building shall repair or replace the fuel gas detector. If the owner does not know and has not been notified of the need to repair or replace a fuel gas detector, the owner's failure to repair or replace the fuel gas detector may not be considered evidence of negligence in a subsequent civil action arising from death, property loss, or personal injury.

(2) The tenant shall keep each fuel gas detector within the tenant's unit in working condition by keeping the fuel gas detector connected to the electrical service in the building or keeping charged batteries in a battery-operated fuel gas detector, testing the fuel gas detector periodically, and refraining from disabling the fuel gas detector.

Section 20. Transfer of building.

(a) A person who, after January 1, 2025, acquires by sale or exchange a building listed in paragraph (1) of Section 10 shall install fuel gas detectors in accordance with Section 10 in the acquired building within 30 days after the acquisition or occupancy of the building, whichever is later, if fuel gas detectors that satisfy the requirements of Section 10 are not already present, and shall certify at the closing of the transaction that fuel gas detectors will be installed. The certification must be signed and dated by the person acquiring the building. A fuel gas detector must be installed, in accordance with the manufacturer's installation requirements, in each area containing an appliance fueled by propane, natural gas, or liquefied petroleum gas.

(b) A person does not have a claim for relief against a property owner, a property purchaser, an authorized agent of a property owner or purchaser, a person in possession of real property, a closing agent, or a lender for any damages resulting from the operation, maintenance, or effectiveness of a fuel gas detector installed in accordance with this Act.

(c) Violation of this Section does not create a defect in title.

Section 25. Penalties.

(a) A person who violates this Act is liable for a civil penalty, set by local ordinance. A court may waive any civil penalty or cost against a violator upon satisfactory proof that the violation was corrected within 30 days after notice of the violation was first provided.

(b) In addition to any penalties under subsection (a), the duties and restrictions created under this Act may be enforced by the Attorney General, a State's Attorney, or a municipal attorney, by filing a petition for equitable relief in any court of competent jurisdiction.

Section 30. Liability. Nothing in this Act gives rise to any action against a building owner required to comply with Sections 10 and 15 if the owner has conducted an inspection of the required fuel gas detectors immediately after their installation and has reinspected the fuel gas detectors prior to occupancy by each new tenant, unless the owner has been given at least 24 hours' actual notice of a defect or failure of a fuel gas detector's proper operation and has failed to take action to correct the defect or failure.

Section 35. Noninterference. A person may not knowingly interfere with or make inoperative any fuel gas detector required by this Act, except that the owner or the agent of an owner of a building may temporarily disconnect a fuel gas detector in a dwelling unit or common area only for construction or rehabilitation activities when such activities are likely to activate the fuel gas detector or make it inactive. The fuel gas detector must be immediately reconnected at the cessation of construction or rehabilitation activities each day, regardless of the intent to return to construction or rehabilitation activities on any succeeding day.

Section 99. Effective date. This Act takes effect January 1, 2025.".