SB1663 94TH GENERAL ASSEMBLY

LRB094 11292 RAS 42084 b

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.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

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

Section 5. The Elevator Safety and Regulation Act is amended by changing Sections 15, 20, 45, 70, and 135 as follows:

(225 ILCS 312/15)

(Section scheduled to be repealed on January 1, 2013)

Sec. 15. Definitions. For the purpose of this Act:

"Administrator" means the Office of the State Fire Marshal.

"ANSI A10.4" means the safety requirements for personnel hoists, an American National Standard.

"ASCE 21" means the American Society of Civil Engineers Automated People Mover Standards.

"ASME A17.1" means the Safety Code for Elevators and Escalators, an American National Standard.

"ASME A17.3" means the Safety Code for Existing Elevators and Escalators, an American National Standard.

"ASME A18.1" means the Safety Standard for Platform Lifts and Stairway Chairlifts, an American National Standard.

"Automated people mover" means an installation as defined as an "automated people mover" in ASCE 21.

"Board" means the Elevator Safety Review Board.

"Certificate of operation" means a certificate issued by the Administrator that indicates that the conveyance has passed the required safety inspection and tests and fees have been paid as set forth in this Act. The Administrator may issue a temporary certificate of operation that permits the temporary use of a non-compliant conveyance by the general public for a limited time of 30 days while minor repairs are being completed.

"Conveyance" means any elevator, dumbwaiter, escalator, moving sidewalk, platform lifts, stairway chairlifts and automated people movers.

"Elevator" means an installation defined as an "elevator" in ASME A17.1.

"Elevator contractor" means any person, firm, or corporation who possesses an elevator contractor's license in accordance with the provisions of Sections 40 and 55 of this Act and who is engaged in the business of erecting, constructing, installing, altering, servicing, repairing, or maintaining elevators or related conveyance covered by this Act.

"Elevator contractor's license" means a license issued to an elevator contractor who has proven his or her qualifications and ability and has been authorized by the Elevator Safety Review Board to possess this type of license. It shall entitle the holder thereof to engage in the business of erecting, constructing, installing, altering, servicing, testing, repairing, or maintaining elevators or related conveyance covered by this Act. The Administrator shall 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, repairing, or maintaining any of the following:

(1) platform lifts and stairway chairlifts as defined by ASME A18.1;

(2) limited use, limited application elevators as defined by ASME A17.1, Part 5.2;

(3) private residence elevators as defined by ASME A17.1, Part 5.3; or

(4) dumbwaiters without automatic transfer devices as defined by ASME A17.1, Parts 7.1 and 7.2 within any building or structure, including but not limited to private residences.

"Elevator inspector" means any person who possesses an elevator inspector's license in accordance with the provisions of this Act or any person who performs the duties and functions of an elevator inspector for any unit of local government with a population greater than 500,000 prior to or on the effective date of this Act.

"Elevator mechanic" means any person who possesses an elevator mechanic's license in accordance with the provisions of Sections 40 and 45 of this Act and who is engaged in erecting, constructing, installing, altering, servicing, repairing, or maintaining elevators or related conveyance covered by this Act.

"Elevator mechanic's license" means a license issued to a person who has proven his or her qualifications and ability and has been authorized by the Elevator Safety Review Board to work on conveyance equipment. It shall entitle the holder thereof to install, construct, alter, service, repair, test, maintain, and perform electrical work on elevators or related conveyance covered by this Act.

"Escalator" means an installation defined as an "escalator" in ASME A17.1.

"Existing installation" means an installation defined as an "installation, existing" in ASME A17.1.

"Inspector's license" means a license issued to a person who has proven his or her qualifications and ability and has been authorized by the Elevator Safety Review Board to possess this type of license. It shall entitle the holder thereof to engage in the business of inspecting elevators or related conveyance covered by this Act.

"License" means a written license, duly issued by the Administrator, authorizing a person, firm, or company to carry on the business of erecting, constructing, installing, altering, servicing, repairing, maintaining, or performing inspections of elevators or related conveyance covered by this Act.

"Material alteration" means an "alteration" as defined by the Board.

"Moving walk" means an installation as defined as a "moving walk" in ASME A17.1.

"Private residence" means a separate dwelling or a separate apartment in a multiple dwelling that is occupied by members of a single-family unit.

"Repair" has the meaning defined by the Board, which does not require a permit.

"Temporarily dormant" means an elevator, dumbwaiter, or escalator:

(1) with a power supply that has been disconnected by removing fuses and placing a padlock on the mainline disconnect switch in the "off" position;

(2) with a car that is parked and hoistway doors that are in the closed and latched position;

(3) with a wire seal on the mainline disconnect switch installed by a licensed elevator inspector;

(4) that shall not be used again until it has been put in safe running order and is in condition for use;

(5) requiring annual inspections for the duration of the temporarily dormant status by a licensed elevator inspector;

(6) that has a "temporarily dormant" status that is renewable on an annual basis, not to exceed a one-year period;

(7) requiring the inspector to file a report with the chief elevator inspector describing the current conditions; and

(8) with a wire seal and padlock that shall not be removed for any purpose without permission from the elevator inspector.

(Source: P.A. 92-873, eff. 6-1-03; revised 1-20-03.)

(225 ILCS 312/20)

(Section scheduled to be repealed on January 1, 2013)

Sec. 20. License required.

(a) After July 1, 2003, no person shall erect, construct, wire, alter, replace, maintain, remove, or dismantle any conveyance contained within buildings or structures in the jurisdiction of this State unless he or she possesses an elevator mechanic's license or a limited elevator mechanic's license under this Act and unless he or she works under the direct supervision of a person, firm, or company having an elevator contractor's license in accordance with Section 40 of this Act or exempted by that Section or having a limited elevator contractor's license. However, a licensed elevator contractor is not required for removal or dismantling of conveyances that are destroyed as a result of a complete demolition of a secured building or structure or where the hoistway or wellway is demolished back to the basic support structure and where no access is permitted that would endanger the safety and welfare of a person.

(b) After July 1, 2003, no person shall inspect any conveyance within buildings or structures, including, but not limited, to private residences, unless he or she has an inspector's license.

(Source: P.A. 92-873, eff. 6-1-03.)

(225 ILCS 312/45)

(Section scheduled to be repealed on January 1, 2013)

Sec. 45. Qualifications for elevator mechanic's license; qualifications for limited elevator mechanic's license.

(a) No license shall be granted to any person who has not paid the required application fee.

(b) No license shall be granted to any person who has not proven his or her qualifications and abilities. Applicants for an elevator mechanic's license or a limited elevator mechanic's license must demonstrate one of the following qualifications:

(1) an acceptable combination of documented experience and education credits consisting of: (A) not less than 3 years work experience in the elevator industry, in construction, maintenance, and service or repair, as verified by current and previous employers licensed to do business in this State; and (B) satisfactory completion of a written examination administered by the Elevator Safety Review Board on the adopted rules, referenced codes, and standards;

(2) acceptable proof that he or she has worked as an elevator constructor, maintenance, or repair person; acceptable proof shall consist of documentation that he or she worked without direct and immediate supervision for an elevator contractor who has worked on elevators in this State for a period of not less than 3 years immediately prior to the effective date of rules that are adopted to implement this Act; the person must make application within one year of the effective date of this amendatory Act of the 94th General Assembly;

(3) a certificate of successful completion of the mechanic examination of a nationally recognized training program for the elevator industry such as the National Elevator Industry Educational Program, the National Association of Elevator Contractors Certified Elevator Technician or Certified Accessibility and Private Lift Programs, or an its equivalent program;

(4) a certificate of completion of an elevator mechanic apprenticeship program with standards substantially equal to those of this Act and registered with the Bureau of Apprenticeship and Training, U.S. Department of Labor, or a State apprenticeship council; or

(5) a valid license from a state having standards substantially equal to those of this State.

(c) The Administrator shall issue a limited elevator mechanic's license to a person who has demonstrated the ability to construct, install, alter, service, repair, or maintain any of the following:

(1) platform lifts and stairway chairlifts as defined by ASME A18.1;

(2) limited use application elevators as defined by ASME A17.1, Part 5.2;

(3) private residence elevators as defined by ASME A17.1, Part 5.3; or

(4) dumbwaiters without automatic transfer devices as defined by ASME A17.1, Parts 7.1 and 7.2.

(Source: P.A. 92-873, eff. 6-1-03.)

(225 ILCS 312/70)

(Section scheduled to be repealed on January 1, 2013)

Sec. 70. Administrative Procedure Act. The Illinois Administrative Procedure Act is hereby expressly adopted and incorporated herein as if all of the provisions of that Act were included in this Act, except that the provision of subsection (d) of Section 10-65 of the Illinois Administrative Procedure Act that provides that at hearings the licensee has the right to show compliance with all lawful requirements for retention, or continuation or renewal of the license, is specifically excluded. For the purposes of this Act, the notice required under Section 10-25 of the Illinois Administrative Procedure Act is deemed sufficient when mailed to the last known address of a party.

(Source: P.A. 92-873, eff. 6-1-03.)

(225 ILCS 312/135)

(Section scheduled to be repealed on January 1, 2013)

Sec. 135. Elevators in private residences. The owner of a conveyance located in his or her private residence may register, pay the required fee, and have his or her existing conveyance inspected. The Administrator shall provide notice to the owner of the private residence where the conveyance is located with relevant information about conveyance safety requirements, including the need to have the elevator periodically and timely inspected and made safe. Any inspection performed shall be done solely at the request and with the consent of the private residence owner. No penalty provision of this Act shall apply to private residence owners. No permit fee, certificate of operation fee, or similar fee shall be applied to a conveyance installed in a private residence.

(Source: P.A. 92-873, eff. 6-1-03.)

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