Public Act 097-1048
 
HB4674 EnrolledLRB097 19917 CEL 65207 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The Regulatory Sunset Act is amended  by changing 
Section 4.23 and  by adding Section 4.33 as follows:
 



    (5 ILCS 80/4.23)



    Sec. 4.23. Acts and Sections repealed on January 1,
2013. 
The following Acts and Sections of Acts are

repealed on January 
1, 2013:

    The Dietetic and Nutrition Services Practice Act.

    The Elevator Safety and Regulation Act.

    The Fire Equipment Distributor and Employee Regulation Act 
of 2011. 
    The Funeral Directors and Embalmers Licensing Code.

    The Naprapathic Practice Act.

    The Professional Counselor and Clinical Professional 
Counselor
Licensing Act.

    The Wholesale Drug Distribution Licensing Act.

    Section 2.5 of the Illinois Plumbing License Law.

(Source: P.A. 95-331, eff. 8-21-07; 96-1499, eff. 1-18-11.)

 
    (5 ILCS 80/4.33 new)
    Sec. 4.33. Act repealed on January 1,
2023. The following 
Act is

repealed on January 1, 2023:
    The Elevator Safety and Regulation Act. 
 
    Section 10. The Elevator Safety and Regulation Act is 
amended  by changing Section 35 as follows:
 



    (225 ILCS 312/35)


    (Section scheduled to be repealed on January 1, 2013)

    Sec. 35. Powers and duties of the Board and Administrator. 

    (a) The Board shall consult with engineering authorities 
and organizations
and
adopt rules consistent with the 
provisions of this Act for the
administration and
enforcement 
of this Act.  The Board may prescribe forms to be issued in

connection with
the administration and enforcement of this Act.  
The rules shall establish
standards and
criteria consistent 
with this Act for licensing of elevator mechanics,
inspectors, 
and installers of
elevators,
including the provisions of the 
Safety Code for Elevators and Escalators (ASME
A17.1),
 the 
provisions of the Performance-Based Safety Code for Elevators 
and Escalators (ASME A17.7), the Standard for the
Qualification

of Elevator Inspectors (ASME QEI-1), the Automated People Mover 
Standards
(ASCE 21), the Safety Requirements for Personnel 
Hoists and Employee Elevators

(ANSI A10.4), and the Safety 
Standard for Platform Lifts and Stairway Chairlifts (ASME 
A18.1). The Board shall adopt or amend and adopt the latest 
editions of the standards referenced in this subsection within 
12 months after the effective date of the

standards.


    The Board shall make determinations authorized by this Act 
regarding variances, interpretations, and the installation of 
new technology.  Such determinations shall have a binding 
precedential effect throughout the State regarding equipment, 
structure, or the enforcement of codes unless limited by the 
Board to the fact-specific issues. 
    (b) The Administrator or Local Administrator shall have the 
authority to grant exceptions and
variances from
the literal 
requirements of
applicable State codes, standards, and 
regulations in cases where such
variances
would not
jeopardize 
the public
safety and
welfare. The Administrator has the right

to review and object to any exceptions or variances granted by

the Local Administrator. The Board shall have the authority to 
hear appeals, for any denial by the Local Administrator or
for 
any denial or objection by the Administrator. The Board
shall 
hold hearings, and
decide
upon such within 30 days of the 
appeal.

    (c) The Board shall establish fee schedules for licenses, 
and registrations issued by the Administrator. The Board
shall 
also establish fee schedules for permits,
certificates, and

inspections for conveyances not under a Local
Administrator. 
The fees shall be set at an amount necessary to cover the 
actual
costs and expenses to operate
the Board
and to conduct 
the duties as described in this Act.

    (d) The Board shall be authorized to recommend the 
amendments of applicable
legislation, when appropriate, to 
legislators.

    (e) The Administrator may solicit the advice and expert 
knowledge of
the
Board on any matter relating to the 
administration and enforcement of this Act.

    (f) The Administrator may employ professional, technical,

investigative, or
clerical help, on either a full-time or 
part-time basis, as may be necessary
for the
enforcement of 
this Act.

    (g) (Blank).

    (h) Notwithstanding anything else in this Section, the 
following upgrade requirements of the 2007 edition of the 
Safety Code for Elevators and Escalators (ASME A17.1) and the 
2005 edition of the Safety Code for Existing Elevators (ASME 
A17.3)  must be completed by January 1, 2015, but the 
Administrator or Local Administrator may not require their 
completion prior to January 1, 2013:
        (i) (blank) restricted opening of hoistway doors or car 
    doors on passenger elevators;
        (ii) car illumination;
        (iii) emergency operation and signaling devices;
        (iv) phase reversal and failure protection;
        (v) reopening device for power operated doors or gates; 
        (vi) stop switch pits; and
        (vii) pit ladder installation in accordance with 
    Section 2.2.4.2 of ASME A17.1-2007. 
    (h-5) Notwithstanding anything else in this Section, the 
upgrade requirements for the restricted opening of hoistway 
doors or car doors on passenger elevators as provided for in  
the 2007 edition of the Safety Code for Elevators and 
Escalators (ASME A17.1) and the 2005 edition of the Safety Code 
for Existing Elevators (ASME A17.3)  must be completed by 
January 1, 2014. 
    (i) In the event that a conveyance regulated by this Act is 
altered, the alteration shall comply with ASME A17.1.  
Notwithstanding anything else in this Section, the 
firefighter's emergency operation, and the hydraulic elevator 
cylinder, including the associated safety devices outlined in 
Section 4.3.3(b) of ASME A17.3-2005, are not required to be 
upgraded unless: (1) there is an alteration, (2) the




















 equipment 
fails, or (3) failing to replace the equipment jeopardizes the 
public safety and welfare as determined by the Local 
Administrator or the Board. 
    (j) The Administrator may choose to require the inspection

of any conveyance to be performed by its own inspectors or by

third-party licensed inspectors employed by the Administrator. 
(Source: P.A. 96-54, eff. 7-23-09; 97-310, eff. 8-11-11.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.