G13-08 Ordinance No. G13-08
AN ORDINANCE
AMENDING CHAPTER 6.12 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED,
ENTITLED "PROPERTY MAINTENANCE CODE"
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
WHEREAS, subject to Article VII, Section 6(a) of the 1970 Constitution of the State of
Illinois, a home rule unit may exercise any power and perform any function pertaining to its
government and affairs for the protection for the public health, safety, morals and welfare; and
WHEREAS, the State of Illinois has adopted the Carbon Monoxide Alarm Detector Act,
Public Act 94-741, effective January 1, 2007, to promote public safety; and
WHEREAS, the City of Elgin desires to promote public safety by enforcement of the
requirements of the Carbon Monoxide Alarm Detector Act.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That Chapter 16.12 of the Elgin Municipal Code, 1976, as amended, entitled
r "Property Maintenance Code" be and is hereby further amended by amending Section 16.12.020
thereof entitled"Additions, Insertions and Changes"by adding a new Section 309 thereto, entitled
"Carbon Monoxide Alarm Detectors" to read as follows:
Section 309 entitled"Carbon Monoxide Alarm Detectors" shall be added to read as
follows:
A. DEFINITIONS.
For the purpose of this section:
"Approved carbon monoxide alarm"or"alarm"means carbon monoxide alarm that
complies with all the requirements of the rules and regulations of the Illinois State
Fire Marshal, bears the label of a nationally recognized testing laboratory, and
complies with the most recent standards of the Underwriters Laboratories or the
Canadian Standard Association.
"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.
B. INSTALLATION.
1. Every dwelling unit shall be equipped with at least one approved carbon
monoxide alarm in an operating condition within fifteen (15) feet of every
room used for sleeping purposes. The carbon monoxide alarm may be
combined with smoke detecting devices provided that the combined units
comply 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.
2. Every structure that contains more than one dwelling unit shall contain at
least one approved carbon monoxide alarm in operating condition within
fifteen(15) feet of every room used for sleeping purposes.
3. 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 t he 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 tenant
takes possession of the dwelling unit. The tenant shall provide the owner or
the authorized agent of the owner with access to 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 to the owner.
The carbon monoxide alarms required under this code may be either battery
powered, plug-in with battery back-up, or wired into the structure's AC
power line with secondary battery back-up.
C. FAILURE TO INSTALL OR MAINTAIN.
Failure to install or maintain in operating condition any carbon monoxide detector or
tampering with,removing,destroying,disconnecting or removing batteries from any
installed carbon monoxide alarm,except in the course of inspection,maintenance,or
replacement of the alarm, is a violation of this code.
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D. EXEMPTIONS.
The following residential units shall not require monoxide detectors:
1. A residential unit in a building that: (i)does not rely on combustion of fossil
fuel for heat, ventilation, hot water; (ii) is not connected in any way to a
garage; and (iii) is not sufficiently close to any ventilated source of carbon
monoxide, as determined by the local building official, to receive carbon
monoxide from that source.
2. A residential unit that is not sufficiently close to any source of carbon
monoxide so as to be at risk of receiving carbon monoxide from that source,
as determined by the local building official.
Section 2. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
Section 3. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
Ed Schock, Mayor
r
Presented: February 27, 2008
Passed: February 27, 2008
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: February 28, 2008
Published: February 29, 2008
Attest:
Diane Robertson, City Vlerk
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