Illinois General Assembly - Full Text of HB4674
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Full Text of HB4674  97th General Assembly




HB4674 EnrolledLRB097 19917 CEL 65207 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Regulatory Sunset Act is amended by changing
5Section 4.23 and by adding Section 4.33 as follows:
6    (5 ILCS 80/4.23)
7    Sec. 4.23. Acts and Sections repealed on January 1, 2013.
8The following Acts and Sections of Acts are repealed on January
91, 2013:
10    The Dietetic and Nutrition Services Practice Act.
11    The Elevator Safety and Regulation Act.
12    The Fire Equipment Distributor and Employee Regulation Act
13of 2011.
14    The Funeral Directors and Embalmers Licensing Code.
15    The Naprapathic Practice Act.
16    The Professional Counselor and Clinical Professional
17Counselor Licensing Act.
18    The Wholesale Drug Distribution Licensing Act.
19    Section 2.5 of the Illinois Plumbing License Law.
20(Source: P.A. 95-331, eff. 8-21-07; 96-1499, eff. 1-18-11.)
21    (5 ILCS 80/4.33 new)
22    Sec. 4.33. Act repealed on January 1, 2023. The following



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1Act is repealed on January 1, 2023:
2    The Elevator Safety and Regulation Act.
3    Section 10. The Elevator Safety and Regulation Act is
4amended by changing Section 35 as follows:
5    (225 ILCS 312/35)
6    (Section scheduled to be repealed on January 1, 2013)
7    Sec. 35. Powers and duties of the Board and Administrator.
8    (a) The Board shall consult with engineering authorities
9and organizations and adopt rules consistent with the
10provisions of this Act for the administration and enforcement
11of this Act. The Board may prescribe forms to be issued in
12connection with the administration and enforcement of this Act.
13The rules shall establish standards and criteria consistent
14with this Act for licensing of elevator mechanics, inspectors,
15and installers of elevators, including the provisions of the
16Safety Code for Elevators and Escalators (ASME A17.1), the
17provisions of the Performance-Based Safety Code for Elevators
18and Escalators (ASME A17.7), the Standard for the Qualification
19of Elevator Inspectors (ASME QEI-1), the Automated People Mover
20Standards (ASCE 21), the Safety Requirements for Personnel
21Hoists and Employee Elevators (ANSI A10.4), and the Safety
22Standard for Platform Lifts and Stairway Chairlifts (ASME
23A18.1). The Board shall adopt or amend and adopt the latest
24editions of the standards referenced in this subsection within



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112 months after the effective date of the standards.
2    The Board shall make determinations authorized by this Act
3regarding variances, interpretations, and the installation of
4new technology. Such determinations shall have a binding
5precedential effect throughout the State regarding equipment,
6structure, or the enforcement of codes unless limited by the
7Board to the fact-specific issues.
8    (b) The Administrator or Local Administrator shall have the
9authority to grant exceptions and variances from the literal
10requirements of applicable State codes, standards, and
11regulations in cases where such variances would not jeopardize
12the public safety and welfare. The Administrator has the right
13to review and object to any exceptions or variances granted by
14the Local Administrator. The Board shall have the authority to
15hear appeals, for any denial by the Local Administrator or for
16any denial or objection by the Administrator. The Board shall
17hold hearings, and decide upon such within 30 days of the
19    (c) The Board shall establish fee schedules for licenses,
20and registrations issued by the Administrator. The Board shall
21also establish fee schedules for permits, certificates, and
22inspections for conveyances not under a Local Administrator.
23The fees shall be set at an amount necessary to cover the
24actual costs and expenses to operate the Board and to conduct
25the duties as described in this Act.
26    (d) The Board shall be authorized to recommend the



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1amendments of applicable legislation, when appropriate, to
3    (e) The Administrator may solicit the advice and expert
4knowledge of the Board on any matter relating to the
5administration and enforcement of this Act.
6    (f) The Administrator may employ professional, technical,
7investigative, or clerical help, on either a full-time or
8part-time basis, as may be necessary for the enforcement of
9this Act.
10    (g) (Blank).
11    (h) Notwithstanding anything else in this Section, the
12following upgrade requirements of the 2007 edition of the
13Safety Code for Elevators and Escalators (ASME A17.1) and the
142005 edition of the Safety Code for Existing Elevators (ASME
15A17.3) must be completed by January 1, 2015, but the
16Administrator or Local Administrator may not require their
17completion prior to January 1, 2013:
18        (i) (blank) restricted opening of hoistway doors or car
19    doors on passenger elevators;
20        (ii) car illumination;
21        (iii) emergency operation and signaling devices;
22        (iv) phase reversal and failure protection;
23        (v) reopening device for power operated doors or gates;
24        (vi) stop switch pits; and
25        (vii) pit ladder installation in accordance with
26    Section of ASME A17.1-2007.



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1    (h-5) Notwithstanding anything else in this Section, the
2upgrade requirements for the restricted opening of hoistway
3doors or car doors on passenger elevators as provided for in
4the 2007 edition of the Safety Code for Elevators and
5Escalators (ASME A17.1) and the 2005 edition of the Safety Code
6for Existing Elevators (ASME A17.3) must be completed by
7January 1, 2014.
8    (i) In the event that a conveyance regulated by this Act is
9altered, the alteration shall comply with ASME A17.1.
10Notwithstanding anything else in this Section, the
11firefighter's emergency operation, and the hydraulic elevator
12cylinder, including the associated safety devices outlined in
13Section 4.3.3(b) of ASME A17.3-2005, are not required to be
14upgraded unless: (1) there is an alteration, (2) the equipment
15fails, or (3) failing to replace the equipment jeopardizes the
16public safety and welfare as determined by the Local
17Administrator or the Board.
18    (j) The Administrator may choose to require the inspection
19of any conveyance to be performed by its own inspectors or by
20third-party licensed inspectors employed by the Administrator.
21(Source: P.A. 96-54, eff. 7-23-09; 97-310, eff. 8-11-11.)
22    Section 99. Effective date. This Act takes effect upon
23becoming law.