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


Rep. Robert Rita

Filed: 3/5/2012





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2    AMENDMENT NO. ______. Amend House Bill 4674 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Regulatory Sunset Act is amended by
5changing Section 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 Acts and Sections repealed on January 1, 2013.
8The following Acts and Sections of Acts are repealed on January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



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1Counselor Licensing Act.
2    The Wholesale Drug Distribution Licensing Act.
3    Section 2.5 of the Illinois Plumbing License Law.
4(Source: P.A. 95-331, eff. 8-21-07; 96-1499, eff. 1-18-11.)
5    (5 ILCS 80/4.33 new)
6    Sec. 4.33. Act repealed on January 1, 2023. The following
7Act is repealed on January 1, 2023:
8    The Elevator Safety and Regulation Act.
9    Section 10. The Elevator Safety and Regulation Act is
10amended by changing Section 35 as follows:
11    (225 ILCS 312/35)
12    (Section scheduled to be repealed on January 1, 2013)
13    Sec. 35. Powers and duties of the Board and Administrator.
14    (a) The Board shall consult with engineering authorities
15and organizations and adopt rules consistent with the
16provisions of this Act for the administration and enforcement
17of this Act. The Board may prescribe forms to be issued in
18connection with the administration and enforcement of this Act.
19The rules shall establish standards and criteria consistent
20with this Act for licensing of elevator mechanics, inspectors,
21and installers of elevators, including the provisions of the
22Safety Code for Elevators and Escalators (ASME A17.1), the
23provisions of the Performance-Based Safety Code for Elevators



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1and Escalators (ASME A17.7), the Standard for the Qualification
2of Elevator Inspectors (ASME QEI-1), the Automated People Mover
3Standards (ASCE 21), the Safety Requirements for Personnel
4Hoists and Employee Elevators (ANSI A10.4), and the Safety
5Standard for Platform Lifts and Stairway Chairlifts (ASME
6A18.1). The Board shall adopt or amend and adopt the latest
7editions of the standards referenced in this subsection within
812 months after the effective date of the standards.
9    The Board shall make determinations authorized by this Act
10regarding variances, interpretations, and the installation of
11new technology. Such determinations shall have a binding
12precedential effect throughout the State regarding equipment,
13structure, or the enforcement of codes unless limited by the
14Board to the fact-specific issues.
15    (b) The Administrator or Local Administrator shall have the
16authority to grant exceptions and variances from the literal
17requirements of applicable State codes, standards, and
18regulations in cases where such variances would not jeopardize
19the public safety and welfare. The Administrator has the right
20to review and object to any exceptions or variances granted by
21the Local Administrator. The Board shall have the authority to
22hear appeals, for any denial by the Local Administrator or for
23any denial or objection by the Administrator. The Board shall
24hold hearings, and decide upon such within 30 days of the
26    (c) The Board shall establish fee schedules for licenses,



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1and registrations issued by the Administrator. The Board shall
2also establish fee schedules for permits, certificates, and
3inspections for conveyances not under a Local Administrator.
4The fees shall be set at an amount necessary to cover the
5actual costs and expenses to operate the Board and to conduct
6the duties as described in this Act.
7    (d) The Board shall be authorized to recommend the
8amendments of applicable legislation, when appropriate, to
10    (e) The Administrator may solicit the advice and expert
11knowledge of the Board on any matter relating to the
12administration and enforcement of this Act.
13    (f) The Administrator may employ professional, technical,
14investigative, or clerical help, on either a full-time or
15part-time basis, as may be necessary for the enforcement of
16this Act.
17    (g) (Blank).
18    (h) Notwithstanding anything else in this Section, the
19following upgrade requirements of the 2007 edition of the
20Safety Code for Elevators and Escalators (ASME A17.1) and the
212005 edition of the Safety Code for Existing Elevators (ASME
22A17.3) must be completed by January 1, 2015, but the
23Administrator or Local Administrator may not require their
24completion prior to January 1, 2013:
25        (i) (blank) restricted opening of hoistway doors or car
26    doors on passenger elevators;



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1        (ii) car illumination;
2        (iii) emergency operation and signaling devices;
3        (iv) phase reversal and failure protection;
4        (v) reopening device for power operated doors or gates;
5        (vi) stop switch pits; and
6        (vii) pit ladder installation in accordance with
7    Section of ASME A17.1-2007.
8    (h-5) Notwithstanding anything else in this Section, the
9upgrade requirements for the restricted opening of hoistway
10doors or car doors on passenger elevators as provided for in
11the 2007 edition of the Safety Code for Elevators and
12Escalators (ASME A17.1) and the 2005 edition of the Safety Code
13for Existing Elevators (ASME A17.3) must be completed by July
141, 2014.
15    (i) In the event that a conveyance regulated by this Act is
16altered, the alteration shall comply with ASME A17.1.
17Notwithstanding anything else in this Section, the
18firefighter's emergency operation, and the hydraulic elevator
19cylinder, including the associated safety devices outlined in
20Section 4.3.3(b) of ASME A17.3-2005, are not required to be
21upgraded unless: (1) there is an alteration, (2) the equipment
22fails, or (3) failing to replace the equipment jeopardizes the
23public safety and welfare as determined by the Local
24Administrator or the Board.
25    (j) The Administrator may choose to require the inspection
26of any conveyance to be performed by its own inspectors or by



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1third-party licensed inspectors employed by the Administrator.
2(Source: P.A. 96-54, eff. 7-23-09; 97-310, eff. 8-11-11.)
3    Section 99. Effective date. This Act takes effect upon
4becoming law.".