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Public Act 097-1048
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| HB4674 Enrolled | LRB097 19917 CEL 65207 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Regulatory Sunset Act is amended by changing |
Section 4.23 and by adding Section 4.33 as follows:
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(5 ILCS 80/4.23)
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Sec. 4.23. Acts and Sections repealed on January 1,
2013. |
The following Acts and Sections of Acts are
repealed on January |
1, 2013:
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The Dietetic and Nutrition Services Practice Act.
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The Elevator Safety and Regulation Act.
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The Fire Equipment Distributor and Employee Regulation Act |
of 2011. |
The Funeral Directors and Embalmers Licensing Code.
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The Naprapathic Practice Act.
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The Professional Counselor and Clinical Professional |
Counselor
Licensing Act.
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The Wholesale Drug Distribution Licensing Act.
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Section 2.5 of the Illinois Plumbing License Law.
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(Source: P.A. 95-331, eff. 8-21-07; 96-1499, eff. 1-18-11.)
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(5 ILCS 80/4.33 new) |
Sec. 4.33. Act repealed on January 1,
2023. The following |
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Act is
repealed on January 1, 2023: |
The Elevator Safety and Regulation Act.
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Section 10. The Elevator Safety and Regulation Act is |
amended by changing Section 35 as follows:
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(225 ILCS 312/35)
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(Section scheduled to be repealed on January 1, 2013)
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Sec. 35. Powers and duties of the Board and Administrator.
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(a) The Board shall consult with engineering authorities |
and organizations
and
adopt rules consistent with the |
provisions of this Act for the
administration and
enforcement |
of this Act. The Board may prescribe forms to be issued in
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connection with
the administration and enforcement of this Act. |
The rules shall establish
standards and
criteria consistent |
with this Act for licensing of elevator mechanics,
inspectors, |
and installers of
elevators,
including the provisions of the |
Safety Code for Elevators and Escalators (ASME
A17.1),
the |
provisions of the Performance-Based Safety Code for Elevators |
and Escalators (ASME A17.7), the Standard for the
Qualification
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of Elevator Inspectors (ASME QEI-1), the Automated People Mover |
Standards
(ASCE 21), the Safety Requirements for Personnel |
Hoists and Employee Elevators
(ANSI A10.4), and the Safety |
Standard for Platform Lifts and Stairway Chairlifts (ASME |
A18.1). The Board shall adopt or amend and adopt the latest |
editions of the standards referenced in this subsection within |
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12 months after the effective date of the
standards.
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The Board shall make determinations authorized by this Act |
regarding variances, interpretations, and the installation of |
new technology. Such determinations shall have a binding |
precedential effect throughout the State regarding equipment, |
structure, or the enforcement of codes unless limited by the |
Board to the fact-specific issues. |
(b) The Administrator or Local Administrator shall have the |
authority to 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. The Administrator has the right
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to review and object to any exceptions or variances granted by
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the Local Administrator. The Board shall have the authority to |
hear appeals, for any denial by the Local Administrator or
for |
any denial or objection by the Administrator. The Board
shall |
hold hearings, and
decide
upon such within 30 days of the |
appeal.
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(c) The Board shall establish fee schedules for licenses, |
and registrations issued by the Administrator. The Board
shall |
also establish fee schedules for permits,
certificates, and
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inspections for conveyances not under a Local
Administrator. |
The fees shall be set at an amount necessary to cover the |
actual
costs and expenses to operate
the Board
and to conduct |
the duties as described in this Act.
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(d) The Board shall be authorized to recommend the |
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amendments of applicable
legislation, when appropriate, to |
legislators.
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(e) The Administrator may solicit the advice and expert |
knowledge of
the
Board on any matter relating to the |
administration and enforcement of this Act.
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(f) The Administrator may employ professional, technical,
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investigative, or
clerical help, on either a full-time or |
part-time basis, as may be necessary
for the
enforcement of |
this Act.
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(g) (Blank).
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(h) Notwithstanding anything else in this Section, the |
following upgrade requirements of the 2007 edition of the |
Safety Code for Elevators and Escalators (ASME A17.1) and the |
2005 edition of the Safety Code for Existing Elevators (ASME |
A17.3) must be completed by January 1, 2015, but the |
Administrator or Local Administrator may not require their |
completion prior to January 1, 2013: |
(i) (blank) restricted opening of hoistway doors or car |
doors on passenger elevators; |
(ii) car illumination; |
(iii) emergency operation and signaling devices; |
(iv) phase reversal and failure protection; |
(v) reopening device for power operated doors or gates; |
(vi) stop switch pits; and |
(vii) pit ladder installation in accordance with |
Section 2.2.4.2 of ASME A17.1-2007. |
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(h-5) Notwithstanding anything else in this Section, the |
upgrade requirements for the restricted opening of hoistway |
doors or car doors on passenger elevators as provided for in |
the 2007 edition of the Safety Code for Elevators and |
Escalators (ASME A17.1) and the 2005 edition of the Safety Code |
for Existing Elevators (ASME A17.3) must be completed by |
January 1, 2014. |
(i) In the event that a conveyance regulated by this Act is |
altered, the alteration shall comply with ASME A17.1. |
Notwithstanding anything else in this Section, the |
firefighter's emergency operation, and the hydraulic elevator |
cylinder, including the associated safety devices outlined in |
Section 4.3.3(b) of ASME A17.3-2005, are not required to be |
upgraded unless: (1) there is an alteration, (2) the
equipment |
fails, or (3) failing to replace the equipment jeopardizes the |
public safety and welfare as determined by the Local |
Administrator or the Board. |
(j) The Administrator may choose to require the inspection
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of any conveyance to be performed by its own inspectors or by
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third-party licensed inspectors employed by the Administrator. |
(Source: P.A. 96-54, eff. 7-23-09; 97-310, eff. 8-11-11.)
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Section 99. Effective date. This Act takes effect upon |
becoming law. |