Rep. Kathleen Willis

Filed: 2/9/2022

 

 


 

 


 
10200HB4302ham001LRB102 21849 AMQ 35594 a

1
AMENDMENT TO HOUSE BILL 4302

2    AMENDMENT NO. ______. Amend House Bill 4302 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Regulatory Sunset Act is amended by
5changing Section 4.33 and by adding 4.43 as follows:
 
6    (5 ILCS 80/4.33)
7    Sec. 4.33. Acts repealed on January 1, 2023. The following
8Acts are repealed on January 1, 2023:
9    The Dietitian Nutritionist Practice Act.
10    The Elevator Safety and Regulation Act.
11    The Fire Equipment Distributor and Employee Regulation Act
12of 2011.
13    The Funeral Directors and Embalmers Licensing Code.
14    The Naprapathic Practice Act.
15    The Pharmacy Practice Act.
16    The Professional Counselor and Clinical Professional

 

 

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1Counselor Licensing and Practice Act.
2    The Wholesale Drug Distribution Licensing Act.
3(Source: P.A. 101-621, eff. 12-20-19.)
 
4    (5 ILCS 80/4.43 new)
5    Sec. 4.43. Act repealed on January 1, 2033. The following
6Act is repealed on January 1, 2033:
7    The Elevator Safety and Regulation Act.
 
8    Section 10. The Elevator Safety and Regulation Act is
9amended by changing Sections 10, 15, 25, 35, 95, and 140 as
10follows:
 
11    (225 ILCS 312/10)
12    (Section scheduled to be repealed on January 1, 2023)
13    Sec. 10. Applicability.
14    (a) This Act covers the construction, operation,
15inspection, testing, maintenance, alteration, and repair of
16the following equipment, its associated parts, and its
17hoistways (except as modified by subsection (c) of this
18Section):
19        (1) Hoisting and lowering mechanisms equipped with a
20    car or platform, which move between 2 or more landings.
21    This equipment includes, but is not limited to, the
22    following (also see ASME A17.1, ASME A17.3, and ASME
23    A18.1):

 

 

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1            (A) Elevators.
2            (B) Platform lifts and stairway chair lifts.
3        (2) Power driven stairways and walkways for carrying
4    persons between landings. This equipment includes, but is
5    not limited to, the following (also see ASME A17.1 and
6    ASME A17.3):
7            (A) Escalators.
8            (B) Moving walks.
9        (3) Hoisting and lowering mechanisms equipped with a
10    car, which serves 2 or more landings and is restricted to
11    the carrying of material by its limited size or limited
12    access to the car. This equipment includes, but is not
13    limited to, the following (also see ASME A17.1 and ASME
14    A17.3):
15            (A) Dumbwaiters.
16            (B) Material lifts and dumbwaiters with automatic
17        transfer devices.
18    (b) This Act covers the construction, operation,
19inspection, maintenance, alteration, and repair of automatic
20guided transit vehicles on guideways with an exclusive
21right-of-way. This equipment includes, but is not limited to,
22automated people movers (also see ASCE 21).
23    (c) This Act does not apply to the following equipment:
24        (1) Material hoists within the scope of ANSI A10.5.
25        (2) Manlifts within the scope of ASME A90.1.
26        (3) Mobile scaffolds, towers, and platforms within the

 

 

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1    scope of ANSI A92.
2        (4) Powered platforms and equipment for exterior and
3    interior maintenance within the scope of ANSI 120.1.
4        (5) Conveyors and related equipment within the scope
5    of ASME B20.1.
6        (6) Cranes, derricks, hoists, hooks, jacks, and slings
7    within the scope of ASME B30.
8        (7) Industrial trucks within the scope of ASME B56.
9        (8) Portable equipment, except for portable escalators
10    that are covered by ANSI A17.1.
11        (9) Tiering or piling machines used to move materials
12    to and from storage located and operating entirely within
13    one story.
14        (10) Equipment for feeding or positioning materials at
15    machine tools, printing presses, etc.
16        (11) Skip or furnace hoists.
17        (12) Wharf ramps.
18        (13) Railroad car lifts or dumpers.
19        (14) Line jacks, false cars, shafters, moving
20    platforms, and similar equipment used for installing an
21    elevator by a contractor licensed in this State.
22        (15) (Blank).
23        (16) Conveyances located in a private residence not
24    accessible to the public.
25        (17) Special purpose personnel elevators within the
26    scope of ASME A17.1 and used only by authorized personnel.

 

 

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1        (18) Personnel hoists within the scope of ANSI A10.4.
2        (19) Wind turbine tower elevators within the scope of
3    ASME A17.8.
4    (d) This Act does not apply to a municipality with a
5population over 500,000.
6(Source: P.A. 95-573, eff. 8-31-07; 96-54, eff. 7-23-09;
796-342, eff. 8-11-09; 96-1000, eff. 7-2-10.)
 
8    (225 ILCS 312/15)
9    (Section scheduled to be repealed on January 1, 2023)
10    Sec. 15. Definitions. For the purpose of this Act:
11    "Administrator" means the Office of the State Fire
12Marshal.
13    "Alteration" means any change to equipment, including its
14parts, components, or subsystems, other than maintenance,
15repair, or replacement of the equipment, including its parts,
16components, or subsystems.
17    "ANSI A10.4" means the safety requirements for personnel
18hoists, an American National Standard.
19    "ASCE 21" means the American Society of Civil Engineers
20Automated People Mover Standards.
21    "ASME A17.1" means the Safety Code for Elevators and
22Escalators, an American National Standard, and CSA B44, the
23National Standard of Canada.
24    "ASME A17.3" means the Safety Code for Existing Elevators
25and Escalators, an American National Standard.

 

 

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1    "ASME A17.7" means the Performance-Based Safety Code for
2Elevators and Escalators, an American National Standard, and
3CSA B44.7, the National Standard of Canada.
4    "ASME A18.1" means the Safety Standard for Platform Lifts
5and Stairway Chairlifts, an American National Standard.
6    "Automated people mover" means an installation as defined
7as an "automated people mover" in ASCE 21.
8    "Board" means the Elevator Safety Review Board.
9    "Certificate of operation" means a certificate issued by
10the Administrator or the Local Administrator that indicates
11that the conveyance: has passed the required safety inspection
12and tests; has been registered; and fees have been paid as set
13forth in this Act.
14    "Conveyance" means any elevator, dumbwaiter, escalator,
15moving sidewalk, platform lifts, stairway chairlifts and
16automated people movers.
17    "Elevator" means an installation defined as an "elevator"
18in ASME A17.1.
19    "Elevator contractor" means any person, firm, or
20corporation who possesses an elevator contractor's license in
21accordance with the provisions of Sections 40 and 55 of this
22Act and who is engaged in the business of erecting,
23constructing, installing, altering, servicing, repairing, or
24maintaining elevators or related conveyance covered by this
25Act.
26    "Elevator contractor's license" means a license issued to

 

 

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1an elevator contractor who has proven his or her
2qualifications and ability and has been authorized by the
3Administrator to work on conveyance equipment. It shall
4entitle the holder thereof to engage in the business of
5constructing, installing, altering, servicing, testing,
6repairing, or maintaining and performing electrical work on
7elevators or related conveyances covered by this Act within
8any building or structure, including, but not limited to,
9private residences. The Administrator may issue a limited
10elevator contractor's license authorizing a firm or company
11that employs individuals to carry on a business of erecting,
12constructing, installing, altering, servicing, repairing, or
13maintaining a specific type of conveyance within any building
14or structure, excluding private residences.
15    "Elevator helper" means an individual registered with the
16Administrator who works under the general direction of a
17licensed elevator mechanic. Licensure is not required for an
18elevator helper.
19    "Elevator industry apprentice" means an individual who is
20enrolled in an apprenticeship program approved by the Bureau
21of Apprenticeship and Training of the U.S. Department of Labor
22and who is registered by the Administrator and works under the
23general direction of a licensed elevator mechanic. Licensure
24is not required for an elevator industry apprentice.
25    "Elevator inspector" means any inspector, as that term is
26defined in ASME QEI, who possesses an elevator inspector's

 

 

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1license in accordance with the provisions of this Act.
2    "Elevator mechanic" means any person who possesses an
3elevator mechanic's license in accordance with the provisions
4of Sections 40 and 45 of this Act and who is engaged in
5erecting, constructing, installing, altering, servicing,
6repairing, or maintaining elevators or related conveyance
7covered by this Act.
8    "Elevator mechanic's license" means a license issued to a
9person who has proven his or her qualifications and ability
10and has been authorized by the Administrator to work on
11conveyance equipment. It shall entitle the holder thereof to
12install, construct, alter, service, repair, test, maintain,
13and perform electrical work on elevators or related conveyance
14covered by this Act. The Administrator may issue a limited
15elevator mechanic's license authorizing an individual to carry
16on a business of erecting, constructing, installing, altering,
17servicing, repairing, or maintaining a specific type of
18conveyance within any building or structure.
19    "Escalator" means an installation defined as an
20"escalator" in ASME A17.1.
21    "Existing installation" means an installation defined as
22an "installation, existing" in ASME A17.1.
23    "Inspector's license" or "inspection company license"
24means a license issued to an ASME QEI certified elevator
25inspector or inspection company that has proven the
26inspector's or the company's qualifications and ability and

 

 

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1has been authorized by the Administrator to possess this type
2of license. It shall entitle the holder thereof to engage in
3the business of inspecting elevators or related conveyance
4covered by this Act.
5    "License" means a written license, duly issued by the
6Administrator, authorizing a person, firm, or company to carry
7on the business of erecting, constructing, installing,
8altering, servicing, repairing, maintaining, or performing
9inspections of elevators or related conveyance covered by this
10Act. New and renewed licenses issued after January 1, 2010
11will include a photo of the licensee.
12    "Local Administrator" means the municipality or
13municipalities or county or counties that entered into a local
14elevator agreement with the Administrator to operate its own
15elevator safety program in accordance with this Act and the
16adopted administrative rules.
17    "Material alteration" means an "alteration", as defined in
18the referenced standards.
19    "Moving walk" means an installation defined as a "moving
20walk" in ASME A17.1.
21    "Owner" means the owner of the conveyance, which could be
22an individual, a group of individuals, an association, trust,
23partnership, corporation, or person doing business under an
24assumed name. The owner may delegate his, her, or its
25authority to manage the day-to-day operations of the
26conveyance to another party, but may not delegate his, her, or

 

 

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1its responsibilities and duties under this Act and the
2administrative rules.
3    "Private residence" means a separate dwelling or a
4separate apartment or condominium unit in a multiple-family
5dwelling that is occupied by members of a single-family unit.
6    "Repair" has the meaning set forth in the referenced
7standards. "Repair" does not require a permit.
8    "Temporarily dormant" means an elevator, dumbwaiter, or
9escalator:
10        (1) with a power supply that has been disconnected by
11    removing fuses and placing a padlock on the mainline
12    disconnect switch in the "off" position;
13        (2) with a car that is parked and hoistway doors that
14    are in the closed and latched position;
15        (3) with a wire seal on the mainline disconnect switch
16    installed by a licensed elevator inspector;
17        (4) that shall not be used again until it has been put
18    in safe running order and is in condition for use;
19        (5) requiring annual inspections for the duration of
20    the temporarily dormant status by a licensed elevator
21    inspector;
22        (6) that has a "temporarily dormant" status that is
23    renewable on an annual basis, not to exceed a 5-year
24    period;
25        (7) requiring the inspector to file a report with the
26    Administrator describing the current conditions; and

 

 

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1        (8) with a wire seal and padlock that shall not be
2    removed for any purpose without permission from the
3    elevator inspector.
4    "Temporary certificate of operation" means a temporary
5certificate of operation issued by the Administrator or the
6Local Administrator that permits the temporary use of a
7non-compliant conveyance by the general public for a limited
8time of 30 days while minor repairs are being completed.
9    All other building transportation terms are as defined in
10the latest edition of ASME A17.1 and ASME A18.1.
11    "Temporary limited authority" means an authorization
12issued, for a period not to exceed one year, by the
13Administrator to an individual that the Administrator deems
14qualified to perform work on a specific type of conveyance.
15(Source: P.A. 99-22, eff. 1-1-16.)
 
16    (225 ILCS 312/25)
17    (Section scheduled to be repealed on January 1, 2023)
18    Sec. 25. Elevator Safety Review Board.
19    (a) There is hereby created within the Office of the State
20Fire Marshal the Elevator Safety Review Board, consisting of
2117 members. The Administrator shall appoint 3 members who
22shall be representatives of fire service communities. The
23Governor shall appoint the remaining 14 members of the Board
24as follows: one representative from a major elevator
25manufacturing company or its authorized representative; one

 

 

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1representative from an elevator servicing company; one
2representative of the architectural design profession; one
3representative of the general public; one representative of an
4advocacy group for people with physical disabilities; one
5representative of an advocacy group for senior citizens; one
6representative nominated by a municipality in this State with
7a population under 25,000; one representative nominated by a
8municipality in this State with a population of 25,000 or over
9but under 50,000; one representative nominated by a
10municipality in this State with a population of 50,000 or over
11but under 500,000; one representative of an advocacy group for
12condominium owners; one representative of an institution of
13higher education that operates an in-house elevator
14maintenance program; one representative of a building owner or
15manager; and 2 representatives of labor, one from Cook County
16and one from a county in the State other than Cook County,
17involved in the installation, maintenance, and repair of
18elevators.
19    (b) The members constituting the Board shall be appointed
20for initial terms as follows:
21        (1) Of the members appointed by the Administrator, 2
22    shall serve for a term of 2 years, and one for a term of 4
23    years.
24        (2) Of the members appointed by the Governor, 2 shall
25    serve for a term of one year, 2 for terms of 2 years, 2 for
26    terms of 3 years, and 4 for terms of 4 years. The

 

 

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1    representative of the advocacy group for senior citizens
2    shall serve an initial term of 4 years. The representative
3    of an advocacy group for condominium owners, the
4    representative of the institution of higher education that
5    operates an in-house elevator maintenance program, and
6    both representatives of labor involved in the
7    installation, maintenance, and repair of elevators shall
8    serve an initial term of 4 years.
9    At the expiration of their initial terms of office, the
10members or their successors shall be appointed for terms of 4
11years each. Upon the expiration of a member's term of office,
12the officer who appointed that member shall reappoint that
13member or appoint a successor who is a representative of the
14same interests with which his or her predecessor was
15identified. A member shall serve until his or her successor is
16appointed and qualified. The Administrator and the Governor
17may at any time remove any of their respective appointees for
18inefficiency or neglect of duty in office. Upon the death or
19incapacity of a member, the officer who appointed that member
20shall fill the vacancy for the remainder of the vacated term by
21appointing a member who is a representative of the same
22interests with which his or her predecessor was identified.
23The members shall serve without salary, but shall receive from
24the State expenses necessarily incurred by them in performance
25of their duties. The Governor shall appoint one of the members
26to serve as chairperson. The chairperson shall be the deciding

 

 

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1vote in the event of a tie vote.
2    Nine Board members shall constitute a quorum. A quorum is
3required for all Board decisions.
4(Source: P.A. 95-573, eff. 8-31-07; 96-54, eff. 7-23-09.)
 
5    (225 ILCS 312/35)
6    (Section scheduled to be repealed on January 1, 2023)
7    Sec. 35. Powers and duties of the Board and Administrator.
8    (a) The Board shall consult with engineering authorities
9and organizations and adopt rules consistent with the
10provisions of this Act for the administration and enforcement
11of this Act. The Board may prescribe forms to be issued in
12connection with the administration and enforcement of this
13Act. The rules shall establish standards and criteria
14consistent with this Act for licensing of elevator mechanics,
15inspectors, and installers of elevators, including the
16provisions of the Safety Code for Elevators and Escalators
17(ASME A17.1), the provisions of the Performance-Based Safety
18Code for Elevators and Escalators (ASME A17.7), the Standard
19for the Qualification of Elevator Inspectors (ASME QEI-1), the
20Automated People Mover Standards (ASCE 21), the Safety
21Requirements for Personnel Hoists and Employee Elevators (ANSI
22A10.4), and the Safety Standard for Platform Lifts and
23Stairway Chairlifts (ASME A18.1). The Board shall adopt or
24amend and adopt the latest editions of the standards
25referenced in this subsection within 12 months after the

 

 

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1effective date of the standards.
2    The Board shall make determinations authorized by this Act
3regarding variances, interpretations, and the installation of
4new technology. Such determinations shall have a binding
5precedential effect throughout the State regarding equipment,
6structure, or the enforcement of codes unless limited by the
7Board to the fact-specific issues.
8    (b) The Administrator or Local Administrator shall have
9the authority to grant exceptions and variances from the
10literal requirements of applicable State codes, standards, and
11regulations in cases where such variances would not jeopardize
12the public safety and welfare. The Administrator has the right
13to review and object to any exceptions or variances granted by
14the Local Administrator. The Board shall have the authority to
15hear appeals, for any denial by the Local Administrator or for
16any denial or objection by the Administrator. The Board shall
17hold hearings, and decide upon such within 30 days of the
18appeal.
19    (c) The Board shall establish fee schedules for licenses,
20and registrations issued by the Administrator. The Board shall
21also establish fee schedules for permits and certificates for
22conveyances not under a Local Administrator. The fees shall be
23set at an amount necessary to cover the actual costs and
24expenses to operate the Board and to conduct the duties as
25described in this Act.
26    (d) The Board shall be authorized to recommend the

 

 

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1amendments of applicable legislation, when appropriate, to
2legislators.
3    (e) The Administrator may solicit the advice and expert
4knowledge of the Board on any matter relating to the
5administration and enforcement of this Act.
6    (f) The Administrator may employ professional, technical,
7investigative, or clerical help, on either a full-time or
8part-time basis, as may be necessary for the enforcement of
9this Act.
10    (g) (Blank).
11    (h) Notwithstanding anything else in this Section, the
12following upgrade requirements of the 2007 edition of the
13Safety Code for Elevators and Escalators (ASME A17.1) and the
142005 edition of the Safety Code for Existing Elevators (ASME
15A17.3) must be completed by January 1, 2015, but the
16Administrator or Local Administrator may not require their
17completion prior to January 1, 2013:
18        (i) (blank);
19        (ii) car illumination;
20        (iii) emergency operation and signaling devices;
21        (iv) phase reversal and failure protection;
22        (v) reopening device for power operated doors or
23    gates;
24        (vi) stop switch pits; and
25        (vii) pit ladder installation in accordance with
26    Section 2.2.4.2 of ASME A17.1-2007.

 

 

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1    (h-5) Notwithstanding anything else in this Section, the
2upgrade requirements for the restricted opening of hoistway
3doors or car doors on passenger elevators as provided for in
4the 2007 edition of the Safety Code for Elevators and
5Escalators (ASME A17.1) and the 2005 edition of the Safety
6Code for Existing Elevators (ASME A17.3) must be completed by
7January 1, 2014.
8    (i) In the event that a conveyance regulated by this Act is
9altered, the alteration shall comply with the edition of ASME
10A17.1 currently adopted by the Board. Notwithstanding anything
11else in this Section, the firefighter's emergency operation,
12and the hydraulic elevator cylinder or cylinders, including
13the associated safety devices outlined in Section 4.3.3(b) of
14ASME A17.3-2005, are not required to comply with the edition
15of ASME A17.1 currently adopted by the Board be upgraded
16unless: (1) there is an alteration of the controller affecting
17operation control, motion control, or combination of the 2
18types of control, (1.1) the operation control, motion control,
19or combination of the 2 types of control are replaced, (1.2)
20there is an alteration to the hydraulic cylinder, (2) the
21equipment fails, or (3) failing to replace the equipment
22jeopardizes the public safety and welfare as determined by the
23Local Administrator or the Board.
24    (j) The Administrator may choose to require the inspection
25of any conveyance to be performed by its own inspectors or by
26third-party licensed inspectors employed by the Administrator.

 

 

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1    (k) The Board shall prescribe an inspection form, which
2shall be the only inspection form used by a licensed inspector
3in the inspection of a conveyance under this Act.
4(Source: P.A. 99-22, eff. 1-1-16.)
 
5    (225 ILCS 312/95)
6    (Section scheduled to be repealed on January 1, 2023)
7    Sec. 95. New installations; annual inspections and
8registrations.
9    (a) All new conveyance installations regulated by this Act
10shall be performed by a person, firm, or company to which a
11license to install or service conveyances has been issued.
12Subsequent to installation, the licensed person, firm, or
13company must certify compliance with the applicable Sections
14of this Act. Prior to any conveyance being used, the property
15owner or lessee must obtain a certificate of operation from
16the Administrator or Local Administrator, except that the
17conveyance may be used by the public for up to 30 days after
18the initial passed acceptance inspection while the property
19owner or lessee is in the process of obtaining an initial
20certificate of operation. A fee as authorized by Section 35 of
21this Act or as set by the Local Administrator shall be paid for
22the certificate of operation. It shall be the responsibility
23of the owner to complete and submit first time registration
24for new installations and to pay the fee for registration,
25prior to the issuance of the initial certificate of operation.

 

 

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1    (b) (Blank).
2    (c) A certificate of operation is renewable annually,
3except that a certificate of operation is renewable every 3
4years for a conveyance (i) that is located in a building owned
5and occupied by any church, synagogue, or other building,
6structure, or place used primarily for religious worship and
7is the only conveyance in the building, (ii) that is under the
8jurisdiction of the Administrator, (iii) that is limited in
9use to 2 levels, and (iv) for which the church, synagogue, or
10other building, structure, or place used primarily for
11religious worship has an annual maintenance examination that
12includes the applicable category tests. For these occupancies,
13on-site witnessing of the category test shall be witnessed
14every 3 years. Records of the applicable maintenance checks
15and elevator category test results shall be maintained on-site
16by the building owner. The certificates of operation or copy
17thereof, must be clearly displayed in the conveyance for the
18benefit of code enforcement staff.
19(Source: P.A. 96-54, eff. 7-23-09; 97-310, eff. 8-11-11.)
 
20    (225 ILCS 312/140)
21    (Section scheduled to be repealed on January 1, 2023)
22    Sec. 140. Local Administrator; home rule.
23    (a) The Administrator may enter into a local elevator
24agreement with municipalities or counties under which the
25Local Administrator shall (i) issue construction permits and

 

 

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1certificates of operation, (ii) provide for inspection of
2elevators, including temporary operation inspections, (iii)
3grant exceptions and variances from the literal requirements
4of applicable State codes, standards, and regulations in cases
5where such variances would not jeopardize the public safety
6and welfare, and (iv) enforce the applicable provisions of the
7Act, and levy fines in accordance with the Municipal Code or
8Counties Code. The Local Administrator may choose to require
9that inspections be performed by its own inspectors or by
10private certified elevator inspectors. The Local Administrator
11may assess a reasonable fee for permits, exceptions,
12variances, certification of operation, or inspections
13performed by its inspectors. Each agreement shall include a
14provision that the Local Administrator shall maintain for
15inspection by the Administrator copies of all applications for
16permits issued, grants or denials of exceptions or variances,
17copies of each inspection report issued, and proper records
18showing the number of certificates of operation issued. Each
19agreement shall also include a provision that each required
20inspection be conducted by a certified elevator inspector and
21any other provisions deemed necessary by the Administrator.
22Any safety standards or regulations adopted by a municipality
23or county under this subsection must be at least as stringent
24as those provided for in this Act and the rules adopted under
25this Act.
26    (b) A home rule unit may not regulate the inspection or

 

 

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1licensure of, or otherwise regulate, elevators and devices
2described in Section 10 of this Act in a manner less
3restrictive than the regulation by the State of those matters
4under this Act. This subsection is a limitation under
5subsection (i) of Section 6 of Article VII of the Illinois
6Constitution on the concurrent exercise by home rule units of
7powers and functions exercised by the State.
8    (c) (Blank).
9    (d) The Administrator shall be notified of any exception
10or variance granted. The Administrator may object to such
11exception or variance within 7 business days of receipt of the
12notice. Should the Administrator and Local Administrator not
13reach agreement on the exception or variance, the matter shall
14be directed to the Board to hear and decide.
15    (e) The Local Administrator shall issue the inspection
16form prescribed by the Board pursuant to subsection (k) of
17Section 35 of this Act or an inspection form identical to the
18form prescribed by the Board, which shall be the only
19inspection form used by a person, firm, or company licensed to
20inspect conveyances under this Section. A Local Administrator
21that chooses to require that inspections be performed by its
22own inspectors shall also use the inspection form prescribed
23by the Board or an inspection form that is identical to the
24form prescribed by the Board.
25(Source: P.A. 99-22, eff. 1-1-16.)
 

 

 

10200HB4302ham001- 22 -LRB102 21849 AMQ 35594 a

1    Section 99. Effective date. This Act takes effect upon
2becoming law.".