PLANNING AND ZONING
Carbon Monoxide Detectors Required by State
The State of Illinois has recently passed the Carbon Monoxide Alarm Detector Act that becomes effective January 1, 2007. This new law requires that each “dwelling unit” have at least one carbon monoxide alarm within 15 feet of every room used for sleeping purposes. Homes with electric furnaces and water heaters and homes with detached garages are excluded from this new law. The alarms can be combined with smoke detector devices, provided they comply with standards set out by the law. One of the requirements is that the device emits an alarm that differentiates between the hazards. There are several companies that now make the combined units.
Exposure to carbon monoxide, which is odorless and colorless, can be fatal and often is traced to a source such as a faulty furnace or automobile exhaust. People who have breathed in too much carbon monoxide may experience symptoms including headache, nausea and dizziness.
 The law states that “It is the responsibility of the owner of the structure to supply andinstall all required alarms” and that “It is the responsibility of the tenant to test and to provide general maintenance for the alarms within the tenant’s unit”. The law, however, does not specify who is required to enforce this new requirement. Many similar laws passed by the state have included rules and administrative procedures that clearly define enforcement and which agencies are responsible for ensuring that enforcement.
Failure to comply with this law by a property owner or landlord is a Class B misdemeanor, generally punishable with up to 6 months in jail and a $1,500 fine. Destroying or rendering a carbon monoxide detector inoperable by a tenant is a Class A misdemeanor for the first conviction and a Class 4 felony in the case of a second or subsequent conviction.
The City of O’Fallon has decided not to make installation of the detectors part of its requirements for issuance of a Certificate of Occupancy on new residential units or as a requirement for an Occupancy Permit following a Property Maintenance Inspection of existing residential units. According to Jeff Stehman, Building and Zoning Supervisor, the law was passed without the normal input from Code Officials organizations and other concerned groups that could have helped ensure that it was comprehensive in its impact and clearer in the compliance effort. It also did not go through the standard Rules Committee process prior to passage, which would have helped clear up some of the laws vagueness in terms of enforcement.
Carbon monoxide detectors are a very important life safety device and everyone should comply with the new state law, Stehman encourages. Many homeowners have installed them over the years and there are already several documented cases where lives have been saved by their use.
The City’s decision to not enforce this state law during its inspection process is based only on the vagueness of the enforcement portion of the law, as it is currently written. In no way should that decision be considered an indication that the use of carbon monoxide detectors is not a very important component of the life safety systems in residential units.
There are on-going discussions at the state level to perhaps rewrite the law to clarify the enforcement criteria. The City believes that will happen within the next year and will revisit the issue at that time.
The Planning & Zoning Department Introduces the Inspector Answer Line
Any questions you may have regarding building or code requirements may be directed to the Building Inspection Department. Just go to www.ofallon.org and click on City Departments, Planning & Zoning, Code/Building Question. Many of the questions that are handled by staff are of the nature that may require research or may require extended telephone time. In our efforts to get the most accurate information to you in a timely manner, we have developed this site to process and reduce the time that you may have to wait for an answer. This site is monitored on a daily basis and correspondence will be returned within one to two business days (depending on the complexity of the question and research required). This will allow you to continue with either your
planning or building of your project with minimal delay. You may also contact us through our office at (618) 624-4500 extension 9-1188
Save $250
The State of Illinois has recently increased the minimum fine for illegally parking in designated handicap parking spaces from $100 to $250.
All signage that currently indicates $100 minimum fine in the City of O’Fallon is required to be changed to the new increased amount. This monumental task is underway and you should start to see the new postings around the City in the weeks to come. All businesses, churches, schools, City owned property and other types of parking spaces available to the public are required to comply with the posting requirements.
In an effort to support this new requirement and to assist those in need of these parking spaces, the Planning and Zoning Department has developed a convenient purchase program for City businesses. Letters are being sent to all existing businesses outlining this program. If you are in need of signage for the conversion of your current signage, please go to the City’s web site at www.ofallon.org, click on City Departments, Planning & Zoning, or for additional details call P&Z at (618) 624-4500 Ext.4.
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