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Author: Mark Ainely | Partner GC Realty & Development & Co-Host Straight Up Chicago Investor Podcast
My original plan was to create a list for my team internally at GC Realty & Development but it quickly turned into realizing there is so much scattered information online around the nuances for smoke and CO detectors so I figured I would bring it all together here.
Smoke and carbon monoxide detectors come up at every turnover we handle. This is one of those items you don't want to get wrong otherwise you end up on the ten O’clock news painted as a slumlord.
The concept is pretty easy but at the same time also easy to mess up. The good news is that most of the rules come from two Illinois laws, and most suburbs simply follow them. Chicago runs its own code, and a handful of suburbs add requirements on top of the state rules. Below I break down the state rules, what changes in Chicago, and the suburbs we have confirmed go further.
Key Takeaways
Illinois requires a working smoke detector on every level of a rental, including the basement, and within 15 feet of every bedroom.
Since January 1, 2023, any battery smoke detector installed in Illinois must have a 10 year sealed battery. Hardwired detectors are exempt.
Every rental unit with fuel burning appliances or an attached garage needs a carbon monoxide alarm within 15 feet of every bedroom.
The owner installs the detectors and makes sure they work on move in day. The tenant tests them and keeps batteries working after that.
Chicago has its own code, with CO triggers tied to fuel burning appliances and attached garages.
Some suburbs, including Addison, Aurora, Bartlett, and Bolingbrook, add their own requirements on top of state law.
Illinois Smoke Detector Rules
The Illinois Smoke Detector Act has required smoke detectors in every Illinois dwelling since 1988. For a rental, that means three things.
Placement. At least one working detector within 15 feet of every room used for sleeping, plus one on every story of the unit, including the basement. Unoccupied attics are not included.
Stairwells in multi unit buildings. A building with more than one unit needs a detector at the uppermost ceiling of each interior stairwell.
Power source. A battery detector must have a sealed, non removable 10 year battery. A hardwired detector is also allowed. Units built or substantially remodeled under newer codes need hardwired detectors, interconnected so one going off sets off the rest.
The 10 year sealed battery rule took effect January 1, 2023. Working detectors installed before then do not have to be ripped out, but any new or replacement battery detector has to be the sealed type. The simplest move is to swap old battery units for sealed ones at your next turnover so the issue never comes up. Most of the old battery powered units have the same mount as the new sealed battery units so you don't even need your handyman to change the units out.
Illinois Carbon Monoxide Rules
The Carbon Monoxide Alarm Detector Act took effect January 1, 2007. Every dwelling unit needs at least one approved CO alarm in working condition within 15 feet of every room used for sleeping. In a building with more than one unit, that applies to each unit separately.
A few details matter for landlords.
Allowed types. Battery powered, plug in with battery backup, or hardwired with battery backup.
Combination units. A combined smoke and CO alarm is allowed as long as it clearly tells you which hazard it is detecting.
The exemption. A unit does not need a CO alarm if the building does not burn fossil fuel for heat, ventilation, or hot water and is not connected to a garage. An all electric building with no attached garage is the typical example.
Penalty. Willfully failing to install or maintain a required CO alarm is a Class B misdemeanor.
Who Is Responsible, the Landlord or the Tenant?
Both laws split the duties the same way. The owner sets the unit up, and the tenant keeps it working.
Task | Landlord | Tenant |
|---|---|---|
Buy and install required smoke and CO detectors | Yes | No |
Make sure detectors and batteries work on move in day | Yes | No |
Give written testing and maintenance information for CO alarms | Yes, to one tenant per unit | No |
Test detectors during the lease | No | Yes |
Report a broken detector in writing | No | Yes |
Fix or replace a detector reported broken | Yes | No |
Chicago Rules
As usual, Chicago writes its own detector rules into the Chicago Municipal Code, so owners in the city should follow the city code first.
Smoke detectors. Chicago requires at least one smoke detector in every residential unit. The city required 10 year sealed battery alarms for new and replacement battery detectors starting January 1, 2022, a year ahead of the rest of the state. Tenants keep replacing batteries in older battery detectors until a sealed unit goes in, and they are expected to test their alarms and tell the landlord in writing when one stops working.
Carbon monoxide. This is where Chicago differs most. Instead of tying CO alarms to the 15 foot rule alone, the city code requires them in units that meet any of these conditions.
The unit has a fuel burning appliance.
The unit has a door leading directly to a private garage.
The unit sits directly above a private garage.
Battery only CO alarms are allowed where the code in effect when they were installed did not require hardwired alarms. If you are renovating a Chicago unit, plan on hardwired alarms with battery backup.
The garage triggers catch a lot of owners. A garden unit with a door into a tuck under garage, or a coach house above a garage, needs a CO alarm even if every appliance inside is electric.
Suburbs That Are More Strict Than State Law
These are the suburbs we have confirmed add detector requirements on top of the state rules, based on each town's own documents. There maybe more but these are towns we are very familiar with and practice these requirements weekly.
Town | What Goes Beyond State Law | Source |
|---|---|---|
Addison | Smoke detector in every bedroom, outside each sleeping area, and on every level. Hardwired with battery backup preferred. Annual rental license and inspection | |
Aurora | Hardwired detectors require an electrical permit. Combination units must use separate tones for smoke and CO. Annual rental license and inspection | |
Bartlett | Permitted remodels such as basement bedrooms need hardwired 110 volt detectors with battery backup, interconnected, within 15 feet of sleeping rooms, and shown on the plans | |
Bolingbrook | Owners must submit documentation that fossil fueled equipment is in compliance before a rental occupancy permit is issued | |
Carpentersville | Smoke detector in every sleeping room, on every level, and in every interior stairwell of multifamily buildings. Hardwired smoke detectors require a permit. Rental license and inspection | |
Glendale Heights | Smoke detector inside each bedroom and outside each bedroom within 15 feet of the door, at least one per level. CO detector outside all bedrooms and within 15 feet of gas appliances. The village says its rental inspection is stricter still | |
Hanover Park | Smoke detector in every bedroom, outside each sleeping area, and on every story. Furnace must be cleaned and inspected by a licensed professional within the last 12 months. Two year rental license with inspection | |
Hoffman Estates | Smoke detector in every bedroom, outside each sleeping area, and on each floor. CO alarm outside each bedroom group. Rental license inspection | |
Joliet | Smoke detector on every floor including the basement, within 15 feet of each bedroom, and in each bedroom and stairway | |
Mount Prospect | Smoke detector in every bedroom. On a basement remodel, opened ceilings mean hardwired smoke detectors, the basement needs a hardwired smoke and CO detector, and any new bedroom needs a hardwired smoke detector. Annual rental license, inspection, and crime free seminar | Mount Prospect Basement Buildout Supplement and Rental Housing page |
Palatine | Smoke detector on every floor, outside each sleeping area, and in every bedroom. Hardwired detectors must stay hardwired | |
Schaumburg | Smoke detector in every bedroom, in every hallway outside bedrooms, and on each level. Annual contractor report confirming all gas and fuel appliances are safe | |
Streamwood | Smoke detector in every bedroom, outside each sleeping area, and on each floor. CO alarm outside each bedroom group. Annual rental license with interior and exterior inspection | GC Realty inspection experience and Streamwood Rental Housing page |
If Your Town Is Not Listed
If your suburb is not in the table, start with the state rules above. They are the floor everywhere in Illinois, and most suburbs do not add to them.
That said, any town with a rental licensing program checks detectors at every inspection, and inspectors often expect more than the bare minimum. Before you rent a unit in a new town, check the village website for a rental inspection checklist or building department handout. When in doubt, put a smoke detector in every bedroom, one in the hallway outside the bedrooms, one on every level, and a CO alarm within 15 feet of every bedroom. That setup passes almost anywhere.
FAQ
Do I have to replace working smoke detectors that are not the 10 year sealed type?
No. Working detectors installed before January 1, 2023 can stay. Once one fails or reaches the end of its life, the replacement has to be sealed battery or hardwired.
Does an all electric rental need a CO alarm?
Under state law, not if the building uses no fossil fuel for heat, ventilation, or hot water and is not connected to a garage. In Chicago, a unit with a door into a private garage or above one still needs a CO alarm.
Can I use combination smoke and CO alarms?
Yes, as long as the alarm clearly tells you whether it is detecting smoke or CO. Some towns, like Aurora, specifically require separate tones.
Who replaces the batteries?
The tenant, during the lease. The landlord has to make sure everything works on move in day and fix any detector the tenant reports broken in writing.
Can I charge a tenant for a missing detector at move out?
If your move in inspection documents a working detector and it is gone at move out, it is a damage item like any other. Without that move in record, it is your word against theirs.
Don't Go At This Alone!
Detector rules look simple until you are managing units in a dozen towns, each with its own inspector and its own checklist. We view this as a team sport. Who's on your team?
GC Realty & Development, LLC has a dedicated team of professionals with decades of experience across brokerage, leasing, and property management, handling turnovers and rental inspections across more than 100 municipalities. Whether you hire us or not, we are happy to share what we have learned.
What gets me up in the morning and keeps me going for 12 hours a day is the ability to add value for local area investors in Chicago and beyond. Those who connect with me often hear me say that our goal is to bring value to everyone we come in contact with. In return, they will one day hire us for tenant placement or property management, refer us to someone they know, or leave a review about our services. We would love all three, but we are happy whenever we get the opportunity to help.
Founder, Partner, Podcast Co-Host, and Investor
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