Full Text of HB4674 97th General Assembly
HB4674ham001 97TH GENERAL ASSEMBLY | Rep. Robert Rita Filed: 3/5/2012
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| 1 | | AMENDMENT TO HOUSE BILL 4674
| 2 | | AMENDMENT NO. ______. Amend House Bill 4674 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Regulatory Sunset Act is amended by | 5 | | changing 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 Acts and Sections repealed on January 1,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. | 8 | | The following Acts and Sections of Acts are
repealed on January | 9 | | 1, 2013: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 | 13 | | of 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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| 1 | | Counselor
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 Act repealed on January 1,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 | 7 | | Act is
repealed on January 1, 2023: | 8 | | The Elevator Safety and Regulation Act. | 9 | | Section 10. The Elevator Safety and Regulation Act is | 10 | | amended 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| 12 | | (Section scheduled to be repealed on January 1, 2013)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 | 15 | | and organizations
and
adopt rules consistent with the | 16 | | provisions of this Act for the
administration and
enforcement | 17 | | of this Act. The Board may prescribe forms to be issued in
| 18 | | connection with
the administration and enforcement of this Act. | 19 | | The rules shall establish
standards and
criteria consistent | 20 | | with this Act for licensing of elevator mechanics,
inspectors, | 21 | | and installers of
elevators,
including the provisions of the | 22 | | Safety Code for Elevators and Escalators (ASME
A17.1),
the | 23 | | provisions of the Performance-Based Safety Code for Elevators |
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| 1 | | and Escalators (ASME A17.7), the Standard for the
Qualification
| 2 | | of Elevator Inspectors (ASME QEI-1), the Automated People Mover | 3 | | Standards
(ASCE 21), the Safety Requirements for Personnel | 4 | | Hoists and Employee Elevators
(ANSI A10.4), and the Safety | 5 | | Standard for Platform Lifts and Stairway Chairlifts (ASME | 6 | | A18.1). The Board shall adopt or amend and adopt the latest | 7 | | editions of the standards referenced in this subsection within | 8 | | 12 months after the effective date of the
standards.
| 9 | | The Board shall make determinations authorized by this Act | 10 | | regarding variances, interpretations, and the installation of | 11 | | new technology. Such determinations shall have a binding | 12 | | precedential effect throughout the State regarding equipment, | 13 | | structure, or the enforcement of codes unless limited by the | 14 | | Board to the fact-specific issues. | 15 | | (b) The Administrator or Local Administrator shall have the | 16 | | authority to grant exceptions and
variances from
the literal | 17 | | requirements of
applicable State codes, standards, and | 18 | | regulations in cases where such
variances
would not
jeopardize | 19 | | the public
safety and
welfare. The Administrator has the right
| 20 | | to review and object to any exceptions or variances granted by
| 21 | | the Local Administrator. The Board shall have the authority to | 22 | | hear appeals, for any denial by the Local Administrator or
for | 23 | | any denial or objection by the Administrator. The Board
shall | 24 | | hold hearings, and
decide
upon such within 30 days of the | 25 | | appeal.
| 26 | | (c) The Board shall establish fee schedules for licenses, |
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| 1 | | and registrations issued by the Administrator. The Board
shall | 2 | | also establish fee schedules for permits,
certificates, and
| 3 | | inspections for conveyances not under a Local
Administrator. | 4 | | The fees shall be set at an amount necessary to cover the | 5 | | actual
costs and expenses to operate
the Board
and to conduct | 6 | | the duties as described in this Act.
| 7 | | (d) The Board shall be authorized to recommend the | 8 | | amendments of applicable
legislation, when appropriate, to | 9 | | legislators.
| 10 | | (e) The Administrator may solicit the advice and expert | 11 | | knowledge of
the
Board on any matter relating to the | 12 | | administration and enforcement of this Act.
| 13 | | (f) The Administrator may employ professional, technical,
| 14 | | investigative, or
clerical help, on either a full-time or | 15 | | part-time basis, as may be necessary
for the
enforcement of | 16 | | this Act.
| 17 | | (g) (Blank).
| 18 | | (h) Notwithstanding anything else in this Section, the | 19 | | following upgrade requirements of the 2007 edition of the | 20 | | Safety Code for Elevators and Escalators (ASME A17.1) and the | 21 | | 2005 edition of the Safety Code for Existing Elevators (ASME | 22 | | A17.3) must be completed by January 1, 2015, but the | 23 | | Administrator or Local Administrator may not require their | 24 | | completion 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 2.2.4.2 of ASME A17.1-2007. | 8 | | (h-5) Notwithstanding anything else in this Section, the | 9 | | upgrade requirements for the restricted opening of hoistway | 10 | | doors or car doors on passenger elevators as provided for in | 11 | | the 2007 edition of the Safety Code for Elevators and | 12 | | Escalators (ASME A17.1) and the 2005 edition of the Safety Code | 13 | | for Existing Elevators (ASME A17.3) must be completed by July | 14 | | 1, 2014. | 15 | | (i) In the event that a conveyance regulated by this Act is | 16 | | altered, the alteration shall comply with ASME A17.1. | 17 | | Notwithstanding anything else in this Section, the | 18 | | firefighter's emergency operation, and the hydraulic elevator | 19 | | cylinder, including the associated safety devices outlined in | 20 | | Section 4.3.3(b) of ASME A17.3-2005, are not required to be | 21 | | upgraded unless: (1) there is an alteration, (2) the
equipment | 22 | | fails, or (3) failing to replace the equipment jeopardizes the | 23 | | public safety and welfare as determined by the Local | 24 | | Administrator or the Board. | 25 | | (j) The Administrator may choose to require the inspection
| 26 | | of any conveyance to be performed by its own inspectors or by
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| 1 | | third-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 | 4 | | becoming law.".
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