093_HB0042

 
                                     LRB093 02411 LCB 02419 b

 1        AN ACT in relation to residential buildings.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 1. Short title. This Act  may  be  cited  as  the
 5    Window Guard and Guard Rail Act.

 6        Section 5. Public policy. The General Assembly finds that
 7    the  public  health  and  safety  require the installation of
 8    guards on windows and other places in  residential  buildings
 9    to prevent persons from falling or injury.

10        Section  10.  Definition. In this Act, "Department" means
11    the Department of Public Health.

12        Section 15. Guards required.
13        (a) Guards must be installed at every point of danger  in
14    a  residential building to prevent persons from being injured
15    or falling. As  used  in  this  Section,  "point  of  danger"
16    includes, but is not limited to, the following:
17             (1)  The edge of every floor, balcony, mezzanine, or
18        other open  space  where  a  person,  including  but  not
19        limited  to  a child or infant, could fit through an open
20        space  in  any  location  used  or  intended  for   human
21        occupancy,  if  the  edge or open space is at a height of
22        more than one foot above the floor, ground,  or  pavement
23        directly below the edge or opening.
24             (2)  Every  window,  doorway,  or other opening that
25        does not have a  sill,  guard,  rail,  barrier  or  other
26        structure  at  least 3.5 feet above the floor, ground, or
27        pavement of a room or space, unless the window or doorway
28        opens directly on the ground or pavement or  on  a  space
29        protected by guards as required under this Section.
 
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 1        (b)  The guards required under this Section may be formed
 2    by walls, grills, balustrades, or railing systems. The guards
 3    must be constructed so that  no  person,  including  but  not
 4    limited  to  a  child  or  infant, is able to fit through the
 5    guard, and the vertical balusters must not  be  more  than  3
 6    inches  apart. The guard must be constructed so that no human
 7    being is capable of falling through  it,  and  of  sufficient
 8    strength to withstand the weight and force of several falling
 9    adults.
10        (c)  The  guard must comply with any fire code applicable
11    to the building and, if necessary to  comply  with  the  fire
12    code,  must  be  removable  in  case  of  emergency. The fire
13    commissioner or other head of the fire  department  in  whose
14    jurisdiction  the  building is located must approve the guard
15    and certify that the guard complies with the  fire  code  and
16    that   fire   personnel  can  quickly  remove  the  guard  if
17    necessary.
18        (d) The guard must not be less than 3.5  feet  in  height
19    from the floor, ground, or pavement, and must be installed in
20    a manner approved by the Department.
21        (e)  The  owner  of a residential building or the owner's
22    agent, but not a tenant of such a building if the  tenant  is
23    not  an  owner  of  the building or an agent of the owner, is
24    responsible for installing guards as described in this Act at
25    points of danger as defined in this Act.

26        Section 20. Violation; penalty; liability.
27        (a) A building owner or agent of an owner  who  knowingly
28    fails  to install guards as required in this Act or the rules
29    implementing this Act commits a Class B misdemeanor.
30        (b) A building owner or agent of  a  building  owner  who
31    fails  to install guards as required in this Act or the rules
32    implementing this Act is strictly liable in tort for injuries
33    resulting from that failure.
 
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 1        Section   25.   Administration   and   enforcement.   The
 2    Department shall administer and enforce this Act.

 3        Section 30. Application of Act.
 4        (a) The owner of a residential building that is  occupied
 5    as  a  residence  on  the effective date of this Act, and the
 6    owner's agent, if  applicable,  must  comply  with  this  Act
 7    within 6 months after the effective date of this Act.
 8        (b)  In  the case of a residential building that has been
 9    designated a landmark, the guards required under this Act may
10    be installed inside the building.

11        Section 35.  Rules.  The  Department  shall  adopt  rules
12    necessary to administer and enforce this Act.

13        Section  40. Home rule. A home rule unit may not regulate
14    the installation of guards  in  residential  buildings  in  a
15    manner  less  restrictive than the regulation by the State of
16    the installation of guards  in  residential  buildings  under
17    this  Act.  A home rule unit may regulate the installation of
18    guards in residential buildings in a manner more  restrictive
19    than  this Act. This Section is a limitation under subsection
20    (i) of Section 6 of Article VII of the Illinois  Constitution
21    on  the  concurrent exercise by home rule units of powers and
22    functions exercised by the State.