92nd General Assembly
Summary of HB0046
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House Sponsors:
BURKE-JONES,SHIRLEY, DAVIS,MONIQUE AND YARBROUGH.

Short description: 
WINDOW GUARDS-GUARD RAILS-NEW                                              

Synopsis of Bill as introduced:
        Creates the  Window  Guard  and  Guard  Rail  Act.  Requires  the      
   installation  of  guards  at  every  point of danger in commercial and      
   residential buildings to prevent persons from falling.  Requires  that      
   guards  be  installed in a manner approved by the Department of Public      
   Health.  Makes the knowing failure of  a  building  owner  or  owner's      
   agent  to  install  guards  a  Class  B  misdemeanor.  Provides that a      
   building owner or owner's agent who knowingly fails to install  guards      
   is  strictly  liable in tort for injuries resulting from that failure.      
   Requires the Department of Public Health to administer and enforce the      
   Act.   Restricts the concurrent exercise of home rule powers.               
          HOUSING AFFORDABILITY NOTE (Housing Development Authority)           
          The impact cannot be determined at this time due to insuffi-         
          cient information concerning the extent to which existing            
          building codes already apply, the larger probable applicability      
          of the bill to multi-story buildings and to rental properties,       
          and the lack of reference to what types of building materials        
          would be required for the guards and guard rails.                    
          CORRECTIONAL NOTE (Department of Corrections)                        
          There will be no prison population impact or fiscal impact.          
          Correctional Note (Department of Corrections)                        
          The prison population and fiscal impact is none.                     
        HOUSE AMENDMENT NO. 1.                                                 
        Deletes everything.  Creates the Window Guard and Guard Rail Act       
   with provisions substantially similar to those of the bill as               
   introduced. Changes include the following: (1) eliminates application       
   to commercial buildings; (2) in the definition of "point of danger",        
   adds types of spaces subject to the Act; (3) adds requirements for          
   construction of guards or railings; (4) provides that a tenant of a         
   building is not responsible for installing guards unless the tenant         
   is an owner of the building or an agent of the owner; (5) adds              
   provisions concerning application of the Act to landmark buildings;         
   (6) in the case of existing buildings, requires compliance with the         
   Act within 6 months after the Act's effective date; and (7) authorizes      
   home rule units to regulate the installation of guards in residential       
   buildings in a manner more restrictive than the Act.                        
          FISCAL NOTE (Department of Public Health)                            
          According to the 1990 census, there are 4,506,275 housing units      
          and 300,000 commercial buildings in Illinois. Assuming a cost        
          of $100 per inspection/certification, the cost would be over         
          $450 million, not including the actual cost of guard rail            
          installation. In addition, the cost for 10 - 12 IDPH staff to        
          implement this program would be approximately $800,000.              
          FISCAL NOTE (Department of Public Health)                            
          Same as previous note.                                               
 
Last action on Bill: SESSION SINE DIE

   Last action date: JAN-07-2003

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   1     SENATE -   0


   END OF INQUIRY 



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