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 Full Text Bill Status