Bill Text: IL HB4674 | 2011-2012 | 97th General Assembly | Chaptered

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Bill Title: Amends the Regulatory Sunset Act. Extends the repeal date for the Elevator Safety and Regulation Act to January 1, 2023 from January 1, 2013. Effective immediately.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2012-08-22 - Public Act . . . . . . . . . 97-1048 [HB4674 Detail]

Download: Illinois-2011-HB4674-Chaptered.html

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Public Act 097-1048
HB4674 Enrolled LRB097 19917 CEL 65207 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Regulatory Sunset Act is amended by changing
Section 4.23 and by adding Section 4.33 as follows:
(5 ILCS 80/4.23)
Sec. 4.23. Acts and Sections repealed on January 1, 2013.
The following Acts and Sections of Acts are repealed on January
1, 2013:
The Dietetic and Nutrition Services Practice Act.
The Elevator Safety and Regulation Act.
The Fire Equipment Distributor and Employee Regulation Act
of 2011.
The Funeral Directors and Embalmers Licensing Code.
The Naprapathic Practice Act.
The Professional Counselor and Clinical Professional
Counselor Licensing Act.
The Wholesale Drug Distribution Licensing Act.
Section 2.5 of the Illinois Plumbing License Law.
(Source: P.A. 95-331, eff. 8-21-07; 96-1499, eff. 1-18-11.)
(5 ILCS 80/4.33 new)
Sec. 4.33. Act repealed on January 1, 2023. The following

Act is repealed on January 1, 2023:
The Elevator Safety and Regulation Act.
Section 10. The Elevator Safety and Regulation Act is
amended by changing Section 35 as follows:
(225 ILCS 312/35)
(Section scheduled to be repealed on January 1, 2013)
Sec. 35. Powers and duties of the Board and Administrator.
(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
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
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

12 months after the effective date of the standards.
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
to review and object to any exceptions or variances granted by
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.
(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
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.
(d) The Board shall be authorized to recommend the

amendments of applicable legislation, when appropriate, to
legislators.
(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.
(f) The Administrator may employ professional, technical,
investigative, or clerical help, on either a full-time or
part-time basis, as may be necessary for the enforcement of
this Act.
(g) (Blank).
(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.

(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
of any conveyance to be performed by its own inspectors or by
third-party licensed inspectors employed by the Administrator.
(Source: P.A. 96-54, eff. 7-23-09; 97-310, eff. 8-11-11.)