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Smoke Detector Act — Frequently Asked Questions

Writen by Vicki Munson |

Published: February 24, 2023 |

Reading Time: 1 min

Updates to the State Smoke Detector Mandate went into effect Jan. 1, 2023. The updated mandate requires residential smoke detectors to feature a non-removable, self-contained long-term battery. These smoke detectors must replace those that are older than 10 years or that are no longer functioning. Detectors that are hardwired to a home’s AC power line are still allowed under this statute.

Here are a few frequently asked questions from Brokers about the requirements for sellers/landlords under the Smoke Detector Act:

  • Are they required to proactively change out smoke detectors that do not currently meet the requirements but still work? It depends. Smoke alarms in single or multi-family homes prior to Jan. 1, 2023, may remain in place until they exceed 10 years from their manufactured date, fail to respond to operability tests, or otherwise malfunction.

  • Are they required to upgrade these as part of the sales transaction? No, but any new smoke alarm being installed/that was installed after Jan. 1, 2023, must have that 10-year sealed battery. It is the owner’s responsibility to supply and install the required detectors in accordance with the Act.

  • Are they required to upgrade their units at the time of turnover if the existing (non-10 year) is still working? It depends. Once again smoke alarms in single or multi-family homes prior to Jan. 1, 2023, may remain in place until they exceed 10 years from their manufactured date, fail to respond to operability tests, or otherwise malfunction. It may be a best practice to have landlords update these smoke detectors with the non-removable batteries.

For further details see the Smoke Detector Act.

About the writer: Prior to joining Illinois REALTORS® in 2022, Victoria (Vicki) Munson was an attorney in private practice focusing on real estate and estate planning matters. She enjoyed assisting buyers and sellers in bringing their transactions to the closing table. Victoria earned her bachelor’s degree from Western Illinois University and her Juris Doctor from The John Marshall Law School.

Your Illinois REALTORS® Legal Team