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(225 ILCS 312/140)
(Section scheduled to be repealed on January 1, 2028)
Sec. 140. Local Administrator; home rule.
(a) The Administrator may enter into a local elevator agreement with municipalities or counties under which the Local Administrator shall (i) issue construction permits and certificates of operation, (ii) provide for inspection of elevators, (iii) 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, and (iv) enforce the applicable provisions of the Act, and levy fines in accordance with the Municipal Code or Counties Code. The Local Administrator may choose to require that inspections be performed by its own inspectors or by private certified elevator inspectors. The Local Administrator may assess a reasonable fee for permits, exceptions, variances,
certification of operation, or inspections performed by its inspectors. Each agreement shall include a provision that the Local Administrator shall maintain for inspection by the Administrator copies of all applications for permits issued, grants or denials of
exceptions or variances, copies of each inspection report issued, and proper records showing the number of certificates of operation issued. Each agreement shall also include a provision that each required inspection be conducted by a certified elevator inspector and any other provisions deemed necessary by the Administrator.
Any safety standards or regulations adopted by a municipality or county under this
subsection must be at least as stringent as those provided for in this Act and
the rules adopted under this Act.
(b) A
home rule unit may not
regulate the inspection or licensure of, or
otherwise regulate, elevators and devices described in Section 10 of this Act
in a manner less restrictive than the regulation by the State of those matters
under this Act.
This subsection is a limitation under subsection (i) of Section 6 of Article
VII of the Illinois Constitution on the concurrent exercise by home rule units
of powers and functions exercised by the State.
(c) (Blank).
(d) The Administrator shall be notified of any
exception or variance granted. The Administrator may object
to such exception or variance within 7 business days of
receipt of the notice. Should the Administrator and Local
Administrator not reach agreement on the exception or
variance, the matter shall be directed to the Board to hear
and decide. (e) The Local Administrator shall issue the inspection form prescribed by the Board pursuant to subsection (k) of Section 35 of this Act or an inspection form identical to the form prescribed by the Board, which shall be the only inspection form used by a person, firm, or company licensed to inspect conveyances under this Section. A Local Administrator that chooses to require that inspections be performed by its own inspectors shall also use the inspection form prescribed by the Board or an inspection form that is identical to the form prescribed by the Board. (Source: P.A. 102-715, eff. 4-29-22.)
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