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ORDINANCE NO. 1900
AN ORDINANCE CREATING TITLE FIVE, CHAPTER 11 (CARBON MONOXIDE
DETECTORS REQUIRED) OF THE CANTON MUNICIPAL CODE
WHEREAS, on January 1, 2007, PA 094-0741 created the Carbon Monoxide Alarm
Detector Act, and
WHEREAS, the Legal and Ordinance Committee has determined that it is necessary and
in the best interests of the citizens of Canton, Illinois to create Title Five, Chapter 11 (Carbon
Monoxide Detectors Required) of the Canton Municipal Code adopting PA 094-0741, and
WHEREAS, the City Council has made a similar determination.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CANTON, Fulton County, Illinois, as follows:
That Title Five, Chapter 11 (Carbon Monoxide Detectors Required) be hereinafter created and
read as follows:
5-11-1: Definitions.
"Approved carbon monoxide alarm" or "alarm" means a carbon monoxide alarm that complies
with all the requirements of the rules and regulations of the Illinois State Fire Marshall, bears the
label of a nationally recognized testing laboratory, and complies with the most 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.
5-11-2 Carbon Monoxide Detector.
(a) Every dwelling unit shall be equipped with at least one approved carbon monoxide alarm
in an operating condition within 15 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 provision 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 15 feet of every room
used for sleeping purposes.
(c) It is the responsibility of the owner of the structure to supply and install all required
alarms. It is the responsibility of the 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. 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 to the authorized agent of the owner.
(d) The carbon monoxide alarms required under this Ordinance 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.
5-11-3 Violation/Penalty.
(a) Willful failure to install or maintain in operating condition any carbon monoxide alarm
required by this Ordinance will result in a fine of a minimum of twenty-five dollars
($25.00) but not more than two hundred dollars ($200.00) for each occurrence. For
purposes of this Chapter, each day, in portion thereof, during which a violation is found
to exist shall be a separate offense.
Tampering with, removing, destroying or disconnecting or removing the batteries from
any installed carbon monoxide alarm, except in the course of inspection, maintenance or
replacement of the alarm required by this Ordinance will result in a fine of a minimum of
twenty-five dollars ($25.00) but not more than two hundred dollars ($200.00) for each
occurrence. For purposes of this Chapter, each day, in portion thereof, during which a
violation is found to exist shall be a separate offense.
5-11-4 Exemptions. The following residential units shall not require carbon monoxide
detectors:
(a) A residential unit in a building that (i) does not rely on combustion of fossil fuel for heat,
ventilation, or 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 or fire official, to receive carbon monoxide from that source.
(b) 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 or fire official.
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PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting
this 6th. day of March , 2007 upon a roll call vote as follows:
AYES• Aldermen Berardi, Dartford, Glest, Sarff, Meade, Carl, Schenck, Lewis.
NAYS: None.
ABSENT: None.
P VED:
Ro ey W. Hemze, yor
ATTEST:
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Nancy Whi s, City Clerk