94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB1663

 

Introduced 2/24/2005, by Sen. Dale E. Risinger

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 312/15
225 ILCS 312/20
225 ILCS 312/45
225 ILCS 312/70
225 ILCS 312/135

    Amends the Elevator Safety and Regulation Act. Provides that the Administrator shall (now, may) issue a limited elevator contractor's license authorizing a firm or company that employs individuals to carry on a business of erecting, constructing, installing, altering, servicing, requiring, or maintaining certain items (now, just platform lifts and chairlifts). Makes a change concerning the qualifications for an elevator mechanic's license. Requires an applicant for a limited elevator mechanics's license to demonstrate certain qualifications equal to those that must be demonstrated by an applicant for a elevator mechanics's license. Provides that an applicant for an elevator mechanic's or a limited elevator mechanic's license who provides acceptable proof that he or she has worked as an elevator constructor, maintenance, or repair person, must make application within one year of the effective date of this amendatory Act. Requires the Administrator to issue a limited elevator mechanic's license to a person who has demonstrated the ability to construct, install, alter, service, repair, or maintain certain items; makes corresponding changes. Removes the exclusion of a provision of the Illinois Administrative Procedure Act concerning a licensee's right to show compliance at hearings from the adoption and incorporation of the Illinois Administrative Procedure Act into the Elevator Safety and Regulation Act. Provides that no permit fee, certificate of operation fee, or similar fee shall be applied to a conveyance installed in a private residence. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1663 LRB094 11292 RAS 42084 b

1     AN ACT concerning regulation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Elevator Safety and Regulation Act is
5 amended by changing Sections 15, 20, 45, 70, and 135 as
6 follows:
 
7     (225 ILCS 312/15)
8     (Section scheduled to be repealed on January 1, 2013)
9     Sec. 15. Definitions. For the purpose of this Act:
10     "Administrator" means the Office of the State Fire Marshal.
11     "ANSI A10.4" means the safety requirements for personnel
12 hoists, an American National Standard.
13     "ASCE 21" means the American Society of Civil Engineers
14 Automated People Mover Standards.
15     "ASME A17.1" means the Safety Code for Elevators and
16 Escalators, an American National Standard.
17     "ASME A17.3" means the Safety Code for Existing Elevators
18 and Escalators, an American National Standard.
19     "ASME A18.1" means the Safety Standard for Platform Lifts
20 and Stairway Chairlifts, an American National Standard.
21     "Automated people mover" means an installation as defined
22 as an "automated people mover" in ASCE 21.
23     "Board" means the Elevator Safety Review Board.
24     "Certificate of operation" means a certificate issued by
25 the Administrator that indicates that the conveyance has passed
26 the required safety inspection and tests and fees have been
27 paid as set forth in this Act. The Administrator may issue a
28 temporary certificate of operation that permits the temporary
29 use of a non-compliant conveyance by the general public for a
30 limited time of 30 days while minor repairs are being
31 completed.
32     "Conveyance" means any elevator, dumbwaiter, escalator,

 

 

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1 moving sidewalk, platform lifts, stairway chairlifts and
2 automated people movers.
3     "Elevator" means an installation defined as an "elevator"
4 in ASME A17.1.
5     "Elevator contractor" means any person, firm, or
6 corporation who possesses an elevator contractor's license in
7 accordance with the provisions of Sections 40 and 55 of this
8 Act and who is engaged in the business of erecting,
9 constructing, installing, altering, servicing, repairing, or
10 maintaining elevators or related conveyance covered by this
11 Act.
12     "Elevator contractor's license" means a license issued to
13 an elevator contractor who has proven his or her qualifications
14 and ability and has been authorized by the Elevator Safety
15 Review Board to possess this type of license. It shall entitle
16 the holder thereof to engage in the business of erecting,
17 constructing, installing, altering, servicing, testing,
18 repairing, or maintaining elevators or related conveyance
19 covered by this Act. The Administrator shall may issue a
20 limited elevator contractor's license authorizing a firm or
21 company that employs individuals to carry on a business of
22 erecting, constructing, installing, altering, servicing,
23 repairing, or maintaining any of the following:
24         (1) platform lifts and stairway chairlifts as defined
25     by ASME A18.1;
26         (2) limited use, limited application elevators as
27     defined by ASME A17.1, Part 5.2;
28         (3) private residence elevators as defined by ASME
29     A17.1, Part 5.3; or
30         (4) dumbwaiters without automatic transfer devices as
31     defined by ASME A17.1, Parts 7.1 and 7.2 within any
32     building or structure, including but not limited to private
33     residences.
34     "Elevator inspector" means any person who possesses an
35 elevator inspector's license in accordance with the provisions
36 of this Act or any person who performs the duties and functions

 

 

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1 of an elevator inspector for any unit of local government with
2 a population greater than 500,000 prior to or on the effective
3 date of this Act.
4     "Elevator mechanic" means any person who possesses an
5 elevator mechanic's license in accordance with the provisions
6 of Sections 40 and 45 of this Act and who is engaged in
7 erecting, constructing, installing, altering, servicing,
8 repairing, or maintaining elevators or related conveyance
9 covered by this Act.
10     "Elevator mechanic's license" means a license issued to a
11 person who has proven his or her qualifications and ability and
12 has been authorized by the Elevator Safety Review Board to work
13 on conveyance equipment. It shall entitle the holder thereof to
14 install, construct, alter, service, repair, test, maintain,
15 and perform electrical work on elevators or related conveyance
16 covered by this Act.
17     "Escalator" means an installation defined as an
18 "escalator" in ASME A17.1.
19     "Existing installation" means an installation defined as
20 an "installation, existing" in ASME A17.1.
21     "Inspector's license" means a license issued to a person
22 who has proven his or her qualifications and ability and has
23 been authorized by the Elevator Safety Review Board to possess
24 this type of license. It shall entitle the holder thereof to
25 engage in the business of inspecting elevators or related
26 conveyance covered by this Act.
27     "License" means a written license, duly issued by the
28 Administrator, authorizing a person, firm, or company to carry
29 on the business of erecting, constructing, installing,
30 altering, servicing, repairing, maintaining, or performing
31 inspections of elevators or related conveyance covered by this
32 Act.
33     "Material alteration" means an "alteration" as defined by
34 the Board.
35     "Moving walk" means an installation as defined as a "moving
36 walk" in ASME A17.1.

 

 

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1     "Private residence" means a separate dwelling or a separate
2 apartment in a multiple dwelling that is occupied by members of
3 a single-family unit.
4     "Repair" has the meaning defined by the Board, which does
5 not require a permit.
6     "Temporarily dormant" means an elevator, dumbwaiter, or
7 escalator:
8         (1) with a power supply that has been disconnected by
9     removing fuses and placing a padlock on the mainline
10     disconnect switch in the "off" position;
11         (2) with a car that is parked and hoistway doors that
12     are in the closed and latched position;
13         (3) with a wire seal on the mainline disconnect switch
14     installed by a licensed elevator inspector;
15         (4) that shall not be used again until it has been put
16     in safe running order and is in condition for use;
17         (5) requiring annual inspections for the duration of
18     the temporarily dormant status by a licensed elevator
19     inspector;
20         (6) that has a "temporarily dormant" status that is
21     renewable on an annual basis, not to exceed a one-year
22     period;
23         (7) requiring the inspector to file a report with the
24     chief elevator inspector describing the current
25     conditions; and
26         (8) with a wire seal and padlock that shall not be
27     removed for any purpose without permission from the
28     elevator inspector.
29 (Source: P.A. 92-873, eff. 6-1-03; revised 1-20-03.)
 
30     (225 ILCS 312/20)
31     (Section scheduled to be repealed on January 1, 2013)
32     Sec. 20. License required.
33     (a) After July 1, 2003, no person shall erect, construct,
34 wire, alter, replace, maintain, remove, or dismantle any
35 conveyance contained within buildings or structures in the

 

 

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1 jurisdiction of this State unless he or she possesses an
2 elevator mechanic's license or a limited elevator mechanic's
3 license under this Act and unless he or she works under the
4 direct supervision of a person, firm, or company having an
5 elevator contractor's license in accordance with Section 40 of
6 this Act or exempted by that Section or having a limited
7 elevator contractor's license. However, a licensed elevator
8 contractor is not required for removal or dismantling of
9 conveyances that are destroyed as a result of a complete
10 demolition of a secured building or structure or where the
11 hoistway or wellway is demolished back to the basic support
12 structure and where no access is permitted that would endanger
13 the safety and welfare of a person.
14     (b) After July 1, 2003, no person shall inspect any
15 conveyance within buildings or structures, including, but not
16 limited, to private residences, unless he or she has an
17 inspector's license.
18 (Source: P.A. 92-873, eff. 6-1-03.)
 
19     (225 ILCS 312/45)
20     (Section scheduled to be repealed on January 1, 2013)
21     Sec. 45. Qualifications for elevator mechanic's license;
22 qualifications for limited elevator mechanic's license.
23     (a) No license shall be granted to any person who has not
24 paid the required application fee.
25     (b) No license shall be granted to any person who has not
26 proven his or her qualifications and abilities. Applicants for
27 an elevator mechanic's license or a limited elevator mechanic's
28 license must demonstrate one of the following qualifications:
29         (1) an acceptable combination of documented experience
30     and education credits consisting of: (A) not less than 3
31     years work experience in the elevator industry, in
32     construction, maintenance, and service or repair, as
33     verified by current and previous employers licensed to do
34     business in this State; and (B) satisfactory completion of
35     a written examination administered by the Elevator Safety

 

 

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1     Review Board on the adopted rules, referenced codes, and
2     standards;
3         (2) acceptable proof that he or she has worked as an
4     elevator constructor, maintenance, or repair person;
5     acceptable proof shall consist of documentation that he or
6     she worked without direct and immediate supervision for an
7     elevator contractor who has worked on elevators in this
8     State for a period of not less than 3 years immediately
9     prior to the effective date of rules that are adopted to
10     implement this Act; the person must make application within
11     one year of the effective date of this amendatory Act of
12     the 94th General Assembly;
13         (3) a certificate of successful completion of the
14     mechanic examination of a nationally recognized training
15     program for the elevator industry such as the National
16     Elevator Industry Educational Program, the National
17     Association of Elevator Contractors Certified Elevator
18     Technician or Certified Accessibility and Private Lift
19     Programs, or an its equivalent program;
20         (4) a certificate of completion of an elevator mechanic
21     apprenticeship program with standards substantially equal
22     to those of this Act and registered with the Bureau of
23     Apprenticeship and Training, U.S. Department of Labor, or a
24     State apprenticeship council; or
25         (5) a valid license from a state having standards
26     substantially equal to those of this State.
27     (c) The Administrator shall issue a limited elevator
28 mechanic's license to a person who has demonstrated the ability
29 to construct, install, alter, service, repair, or maintain any
30 of the following:
31         (1) platform lifts and stairway chairlifts as defined
32     by ASME A18.1;
33         (2) limited use application elevators as defined by
34     ASME A17.1, Part 5.2;
35         (3) private residence elevators as defined by ASME
36     A17.1, Part 5.3; or

 

 

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1         (4) dumbwaiters without automatic transfer devices as
2     defined by ASME A17.1, Parts 7.1 and 7.2.
3 (Source: P.A. 92-873, eff. 6-1-03.)
 
4     (225 ILCS 312/70)
5     (Section scheduled to be repealed on January 1, 2013)
6     Sec. 70. Administrative Procedure Act. The Illinois
7 Administrative Procedure Act is hereby expressly adopted and
8 incorporated herein as if all of the provisions of that Act
9 were included in this Act, except that the provision of
10 subsection (d) of Section 10-65 of the Illinois Administrative
11 Procedure Act that provides that at hearings the licensee has
12 the right to show compliance with all lawful requirements for
13 retention, or continuation or renewal of the license, is
14 specifically excluded. For the purposes of this Act, the notice
15 required under Section 10-25 of the Illinois Administrative
16 Procedure Act is deemed sufficient when mailed to the last
17 known address of a party.
18 (Source: P.A. 92-873, eff. 6-1-03.)
 
19     (225 ILCS 312/135)
20     (Section scheduled to be repealed on January 1, 2013)
21     Sec. 135. Elevators in private residences. The owner of a
22 conveyance located in his or her private residence may
23 register, pay the required fee, and have his or her existing
24 conveyance inspected. The Administrator shall provide notice
25 to the owner of the private residence where the conveyance is
26 located with relevant information about conveyance safety
27 requirements, including the need to have the elevator
28 periodically and timely inspected and made safe. Any inspection
29 performed shall be done solely at the request and with the
30 consent of the private residence owner. No penalty provision of
31 this Act shall apply to private residence owners. No permit
32 fee, certificate of operation fee, or similar fee shall be
33 applied to a conveyance installed in a private residence.
34 (Source: P.A. 92-873, eff. 6-1-03.)
 

 

 

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