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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Elevator Safety and Regulation Act is | ||||||
5 | amended by changing Sections 10, 15, 20, 25, 35, 40, 45, 55, | ||||||
6 | 70, 80, 85, 90, 100, 105, 110, and 120 as follows:
| ||||||
7 | (225 ILCS 312/10)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2013)
| ||||||
9 | Sec. 10. Applicability.
| ||||||
10 | (a) This Act covers the design, construction, operation, | ||||||
11 | inspection,
testing,
maintenance, alteration, and repair of | ||||||
12 | the following equipment, its associated
parts, and
its | ||||||
13 | hoistways (except as modified by subsection (c) of this | ||||||
14 | Section):
| ||||||
15 | (1) Hoisting and lowering mechanisms equipped with a | ||||||
16 | car or platform,
which move between 2 or more landings. | ||||||
17 | This equipment includes, but is not
limited
to, the | ||||||
18 | following (also see ASME A17.1, ASME A17.3, and ASME A18.1 , | ||||||
19 | and ANSI
A10.4 ):
| ||||||
20 | (A) Elevators.
| ||||||
21 | (B) Platform lifts and stairway chair lifts.
| ||||||
22 | (2) Power driven stairways and walkways for carrying | ||||||
23 | persons between
landings. This equipment includes, but is |
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| |||||||
1 | not limited to, the following (also
see ASME A17.1 and ASME | ||||||
2 | A17.3):
| ||||||
3 | (A) Escalators.
| ||||||
4 | (B) Moving walks.
| ||||||
5 | (3) Hoisting and lowering mechanisms equipped with a | ||||||
6 | car, which serves
2 or more landings and is restricted to | ||||||
7 | the carrying of material by its
limited
size or limited | ||||||
8 | access to the car. This equipment includes, but is not | ||||||
9 | limited
to, the
following (also see ASME A17.1 and ASME | ||||||
10 | A17.3):
| ||||||
11 | (A) Dumbwaiters.
| ||||||
12 | (B) Material lifts and dumbwaiters with automatic | ||||||
13 | transfer
devices.
| ||||||
14 | (b) This Act covers the design, construction, operation, | ||||||
15 | inspection,
maintenance,
alteration, and repair of automatic | ||||||
16 | guided transit vehicles on guideways with
an
exclusive
| ||||||
17 | right-of-way. This equipment includes, but is not limited to, | ||||||
18 | automated people
movers (also see ASCE 21).
| ||||||
19 | (c) This Act does not apply to the following equipment:
| ||||||
20 | (1) Material hoists within the scope of ANSI A10.5 .
| ||||||
21 | (2) Belt manlifts
Manlifts within the scope of ASME | ||||||
22 | A90.1 .
| ||||||
23 | (3) Mobile scaffolds, towers, and platforms within the | ||||||
24 | scope of ANSI A92 , except those covered by ANSI
A10.4 .
| ||||||
25 | (4) Powered platforms and equipment for exterior and | ||||||
26 | interior
maintenance within the scope of ANSI 120.1 .
|
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| |||||||
1 | (5) Conveyors and related equipment within the scope of | ||||||
2 | ASME B20.1 .
| ||||||
3 | (6) Cranes, derricks, hoists, hooks, jacks, and slings
| ||||||
4 | within the scope of ASME B30 .
| ||||||
5 | (7) Industrial trucks within the scope of ASME B56 .
| ||||||
6 | (8) Portable equipment, except for portable escalators | ||||||
7 | that are covered by ANSI A17.1 .
| ||||||
8 | (9) Tiering or piling machines used to move materials | ||||||
9 | to and from
storage located and operating entirely within | ||||||
10 | one story.
| ||||||
11 | (10) Equipment for feeding or positioning materials at | ||||||
12 | machine tools,
printing presses, etc.
| ||||||
13 | (11) Skip or furnace hoists.
| ||||||
14 | (12) Wharf ramps.
| ||||||
15 | (13) Railroad car lifts or dumpers.
| ||||||
16 | (14) Line jacks, false cars, shafters, moving | ||||||
17 | platforms, and similar
equipment used for installing an | ||||||
18 | elevator by a contractor licensed in this
State.
| ||||||
19 | (15) (Blank).
Railway and Transit Systems.
| ||||||
20 | (16) Conveyances located in a private residence not | ||||||
21 | accessible to the public. | ||||||
22 | (17) (Blank).
Special purpose personnel elevators. | ||||||
23 | (d) This Act does not apply to a municipality with a | ||||||
24 | population over 500,000.
| ||||||
25 | (Source: P.A. 94-698, eff. 11-22-05.)
|
| |||||||
| |||||||
1 | (225 ILCS 312/15)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2013)
| ||||||
3 | Sec. 15. Definitions. For the purpose of this Act:
| ||||||
4 | "Administrator" means the Office of the State Fire Marshal.
| ||||||
5 | "ANSI A10.4" means the safety requirements for personnel | ||||||
6 | hoists, an American
National Standard.
| ||||||
7 | "ASCE 21" means the American Society of Civil Engineers | ||||||
8 | Automated People
Mover Standards.
| ||||||
9 | "ASME A17.1" means the Safety Code for
Elevators and | ||||||
10 | Escalators, an American National Standard.
| ||||||
11 | "ASME A17.3" means the Safety Code for
Existing Elevators | ||||||
12 | and Escalators, an American National Standard.
| ||||||
13 | "ASME A18.1" means the Safety Standard for
Platform Lifts | ||||||
14 | and Stairway Chairlifts, an American National Standard.
| ||||||
15 | "Automated people mover" means an
installation as defined | ||||||
16 | as an "automated people mover" in ASCE 21.
| ||||||
17 | "Board" means the Elevator Safety Review Board.
| ||||||
18 | "Certificate of operation" means a certificate issued by | ||||||
19 | the Administrator
that indicates that the conveyance has passed | ||||||
20 | the required safety inspection
and tests and fees have been | ||||||
21 | paid as set forth in this Act. The Administrator
may issue a | ||||||
22 | temporary certificate of operation that permits the temporary | ||||||
23 | use
of a non-compliant conveyance by the general public for a | ||||||
24 | limited time of 30
days while minor repairs are being | ||||||
25 | completed.
| ||||||
26 | "Conveyance" means any elevator, dumbwaiter, escalator, |
| |||||||
| |||||||
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 work on conveyance equipment
possess this type | ||||||
16 | of
license . It shall entitle the holder thereof to engage in | ||||||
17 | the business of
erecting, constructing, installing, altering, | ||||||
18 | servicing, testing, repairing,
or maintaining and performing | ||||||
19 | electrical work on elevators or related conveyances
conveyance
| ||||||
20 | covered by this Act within any building or structure, | ||||||
21 | including, but not limited to, private residences . The
| ||||||
22 | Administrator may issue a limited elevator contractor's | ||||||
23 | license authorizing a
firm or company that employs individuals | ||||||
24 | to carry on a business of erecting,
constructing, installing, | ||||||
25 | altering, servicing, repairing, or maintaining
platform lifts | ||||||
26 | and stairway chairlifts within any building or structure,
|
| |||||||
| |||||||
1 | excluding
private residences.
| ||||||
2 | "Elevator helper" means an individual registered with the | ||||||
3 | Administrator who works
as an elevator helper. Elevator helpers | ||||||
4 | must work under the general direction
direct supervision of a | ||||||
5 | licensed elevator mechanic.
Licensure is not required for an | ||||||
6 | elevator helper.
| ||||||
7 | "Elevator industry apprentice" means an individual who is | ||||||
8 | enrolled in an apprenticeship program approved by the Bureau of | ||||||
9 | Apprenticeship and Training of the U.S. Department of Labor and | ||||||
10 | who is registered by the Administrator and works
to perform | ||||||
11 | work within the elevator industry under the general direction
| ||||||
12 | direct supervision of a licensed elevator mechanic.
Licensure | ||||||
13 | is not required for an elevator industry apprentice.
| ||||||
14 | "Elevator inspector" means any person
inspector, as that | ||||||
15 | term is defined in ASME QEI, who possesses an elevator | ||||||
16 | inspector's
license in accordance with the provisions of this | ||||||
17 | Act.
| ||||||
18 | "Elevator mechanic" means any person who possesses an | ||||||
19 | elevator mechanic's
license in accordance with the provisions | ||||||
20 | of Sections 40 and 45 of this Act and
who is engaged in | ||||||
21 | erecting, constructing, installing, altering, servicing,
| ||||||
22 | repairing, or maintaining elevators or related conveyance | ||||||
23 | covered by this Act.
| ||||||
24 | "Elevator mechanic's license" means a license issued to a | ||||||
25 | person who has
proven his or her qualifications and ability and | ||||||
26 | has been authorized by the
Elevator Safety Review Board to work |
| |||||||
| |||||||
1 | on conveyance equipment. It shall entitle
the holder thereof to | ||||||
2 | install, construct, alter, service, repair, test,
maintain, | ||||||
3 | and perform electrical work on elevators or related conveyance
| ||||||
4 | covered by this Act. The Administrator may issue a limited | ||||||
5 | elevator mechanic's license authorizing an individual to carry | ||||||
6 | on a business of erecting, constructing, installing, altering, | ||||||
7 | servicing, repairing, or maintaining platform lifts and | ||||||
8 | stairway chairlifts within any building or structure.
| ||||||
9 | "Escalator" means an installation defined as an | ||||||
10 | "escalator" in ASME A17.1.
| ||||||
11 | "Existing installation" means an installation
defined as | ||||||
12 | an "installation, existing" in ASME A17.1.
| ||||||
13 | "Inspector's license" or "inspection company license"
| ||||||
14 | means a license issued to an ASME QEI certified elevator | ||||||
15 | inspector or inspection company that
a person who has proven | ||||||
16 | the inspector's or the company's
his
or her qualifications and | ||||||
17 | ability and has been authorized by the Elevator
Safety Review | ||||||
18 | Board to possess this type of license. It shall entitle the
| ||||||
19 | holder thereof to engage in the business of inspecting | ||||||
20 | elevators or related
conveyance covered by this Act.
| ||||||
21 | "License" means a written license, duly issued by the | ||||||
22 | Administrator,
authorizing a person, firm, or company to carry | ||||||
23 | on the business of erecting,
constructing, installing, | ||||||
24 | altering, servicing, repairing, maintaining, or
performing | ||||||
25 | inspections of elevators or related conveyance covered by this | ||||||
26 | Act.
|
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| |||||||
1 | "Material alteration" means an "alteration" , as defined in | ||||||
2 | the referenced standards
by the Board .
| ||||||
3 | "Moving walk" means an installation defined as a "moving | ||||||
4 | walk"
in ASME A17.1.
| ||||||
5 | "Private residence" means a separate dwelling or a separate | ||||||
6 | apartment or condominium unit in
a multiple-family
dwelling | ||||||
7 | that is occupied by members of a single-family unit.
| ||||||
8 | "Repair" has the meaning set forth in the referenced | ||||||
9 | standards. "Repair"
defined by the Board, which does not | ||||||
10 | require a
permit.
| ||||||
11 | "Special purpose personnel elevator" means an elevator | ||||||
12 | that is limited in size, capacity, and speed and that is | ||||||
13 | permanently installed in certain structures, including, but | ||||||
14 | not limited to, grain elevators, radio antenna, bridge towers, | ||||||
15 | underground facilities, dams, and power plants, to provide | ||||||
16 | vertical transportation of authorized personnel and their | ||||||
17 | tools and equipment only.
| ||||||
18 | "Temporarily dormant" means an elevator, dumbwaiter, or | ||||||
19 | escalator:
| ||||||
20 | (1) with a power supply that has been disconnected by | ||||||
21 | removing fuses and
placing a padlock on the mainline | ||||||
22 | disconnect switch in the "off" position;
| ||||||
23 | (2) with a car that is parked and hoistway doors that | ||||||
24 | are in the closed
and latched position;
| ||||||
25 | (3) with a wire seal on the mainline disconnect switch | ||||||
26 | installed by a
licensed elevator inspector;
|
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| |||||||
1 | (4) that shall not be used again until it has been put | ||||||
2 | in safe running
order and is in condition for use;
| ||||||
3 | (5) requiring annual inspections for the duration of | ||||||
4 | the temporarily
dormant status by a licensed elevator | ||||||
5 | inspector;
| ||||||
6 | (6) that has a "temporarily dormant" status that is | ||||||
7 | renewable on an
annual basis, not to exceed a 5-year
| ||||||
8 | one-year period;
| ||||||
9 | (7) requiring the inspector to file a report with the | ||||||
10 | Administrator describing the current conditions; and
| ||||||
11 | (8) with a wire seal and padlock that shall not be | ||||||
12 | removed for any
purpose without permission from the | ||||||
13 | elevator inspector.
| ||||||
14 | "Temporary certificate of operation" means a temporary | ||||||
15 | certificate of operation issued by the Administrator that | ||||||
16 | permits the temporary use
of a non-compliant conveyance by the | ||||||
17 | general public for a limited time of 30
days while minor | ||||||
18 | repairs are being completed.
| ||||||
19 | All other building transportation terms are as defined in | ||||||
20 | the latest edition of ASME A17.1 and ASME A18.1.
| ||||||
21 | (Source: P.A. 94-698, eff. 11-22-05.)
| ||||||
22 | (225 ILCS 312/20)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2013)
| ||||||
24 | Sec. 20. License or registration required.
| ||||||
25 | (a) After July 1, 2003 through the effective date of this |
| |||||||
| |||||||
1 | amendatory Act of the 94th General Assembly and after July 1, | ||||||
2 | 2006, no person shall erect, construct, wire, alter,
replace,
| ||||||
3 | maintain, remove, or dismantle any conveyance contained within | ||||||
4 | buildings or
structures
in the jurisdiction of this State | ||||||
5 | unless he or she possesses an elevator
mechanic's license
under | ||||||
6 | this Act and unless he or she works under the direct | ||||||
7 | supervision of a
person,
firm, or
company having an elevator | ||||||
8 | contractor's license in accordance with Section 40
of this Act | ||||||
9 | or exempted by that Section .
A licensed or limited licensed | ||||||
10 | elevator mechanic employed by an entity exempted from | ||||||
11 | contractor licensure under subsection (a) of Section 40 of this | ||||||
12 | Act is exempt, with respect to work performed for that | ||||||
13 | employer, from the requirement that he or she work under the | ||||||
14 | direct supervision of an elevator contractor licensee. A
| ||||||
15 | However, a licensed elevator contractor is not required for | ||||||
16 | removal or
dismantling of conveyances that are destroyed as a | ||||||
17 | result of a complete
demolition of a secured building or | ||||||
18 | structure or where the hoistway or wellway
is demolished back | ||||||
19 | to the basic support structure and where no access is
permitted | ||||||
20 | that would endanger the safety and welfare of a person.
| ||||||
21 | (b) After July 1, 2003 through the effective date of this | ||||||
22 | amendatory Act of the 94th General Assembly and after July 1, | ||||||
23 | 2006, no person shall inspect any conveyance within
buildings
| ||||||
24 | or structures, including, but not limited , to , private | ||||||
25 | residences, unless he or
she has an
inspector's license or an | ||||||
26 | inspection company license .
|
| |||||||
| |||||||
1 | (c) (Blank).
After January 1, 2006, a person who is not | ||||||
2 | licensed under subsection (a) may not work in the jurisdiction | ||||||
3 | of this State as an elevator industry apprentice or helper | ||||||
4 | unless he or she is registered as an elevator industry | ||||||
5 | apprentice or helper by the Administrator and works under the | ||||||
6 | direct supervision of an individual licensed under this Act as | ||||||
7 | an elevator mechanic. The Administrator shall set elevator | ||||||
8 | industry apprenticeship and helper qualifications and | ||||||
9 | registration procedure by rule.
| ||||||
10 | (Source: P.A. 94-698, eff. 11-22-05.)
| ||||||
11 | (225 ILCS 312/25)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2013)
| ||||||
13 | Sec. 25. Elevator Safety Review Board.
| ||||||
14 | (a) There is hereby created within the Office of the State | ||||||
15 | Fire Marshal
the Elevator Safety Review Board, consisting of 14
| ||||||
16 | 13 members. The Administrator
shall appoint 3 members who shall | ||||||
17 | be representatives
of fire
service communities. The Governor | ||||||
18 | shall appoint the remaining 11
10 members of
the Board as | ||||||
19 | follows: one representative from a major elevator | ||||||
20 | manufacturing
company or its authorized representative; one | ||||||
21 | representative from an elevator
servicing company; one | ||||||
22 | representative of the architectural design
profession; one | ||||||
23 | representative of the general public; one representative of an | ||||||
24 | advocacy group for people with physical disabilities; one | ||||||
25 | representative of the senior citizen population; one |
| |||||||
| |||||||
1 | representative
of a municipality in this State with a | ||||||
2 | population under 25,000; one
representative of a municipality | ||||||
3 | in this State with a population of 25,000 or
over but under | ||||||
4 | 50,000; one representative of a municipality in this State with
| ||||||
5 | a population of 50,000 or over but under 500,000; one | ||||||
6 | representative of a
building owner or manager; and one | ||||||
7 | representative of labor involved in the
installation, | ||||||
8 | maintenance, and repair of elevators.
| ||||||
9 | (b) The members constituting the Board shall be appointed | ||||||
10 | for initial terms
as follows:
| ||||||
11 | (1) Of the members appointed by the Administrator, 2 | ||||||
12 | shall serve
for a term of 2 years, and one for a term of 4 | ||||||
13 | years.
| ||||||
14 | (2) Of the members appointed by the Governor, 2 shall | ||||||
15 | serve for a term
of one year, 2 for terms of 2 years, 2 for | ||||||
16 | terms of 3 years, and 4 for terms of
4 years. The | ||||||
17 | representative of the senior citizen population shall | ||||||
18 | serve an initial term of 4 years.
| ||||||
19 | At the expiration of their initial terms of office, the | ||||||
20 | members or their
successors shall be appointed for terms of 4 | ||||||
21 | years each. Upon the expiration
of a member's term of office, | ||||||
22 | the officer who appointed
that member shall reappoint that | ||||||
23 | member or appoint a successor who is a
representative of the | ||||||
24 | same interests with which his or her predecessor was
| ||||||
25 | identified. The Administrator and the Governor may at any time | ||||||
26 | remove any
of their respective appointees for inefficiency or |
| |||||||
| |||||||
1 | neglect of duty in office.
Upon the death or incapacity of a | ||||||
2 | member, the officer who appointed that member
shall fill the | ||||||
3 | vacancy for the remainder of the vacated term by appointing a
| ||||||
4 | member who is a representative of the same interests with which | ||||||
5 | his or her
predecessor was identified. The members shall serve | ||||||
6 | without salary, but shall
receive from the State expenses | ||||||
7 | necessarily incurred by them in performance
of their duties. | ||||||
8 | The Governor shall appoint one of the members to serve as
| ||||||
9 | chairperson. The chairperson shall be the deciding vote in the | ||||||
10 | event of a tie
vote.
| ||||||
11 | (Source: P.A. 94-698, eff. 11-22-05.)
| ||||||
12 | (225 ILCS 312/35)
| ||||||
13 | (Section scheduled to be repealed on January 1, 2013)
| ||||||
14 | Sec. 35. Powers and duties of the Board.
| ||||||
15 | (a) The Board shall consult with engineering authorities | ||||||
16 | and organizations
and
adopt rules consistent with the | ||||||
17 | provisions of this Act for the
administration and
enforcement | ||||||
18 | of this Act. The Board may prescribe forms to be issued in
| ||||||
19 | connection with
the administration and enforcement of this Act. | ||||||
20 | The rules shall establish
standards and
criteria consistent | ||||||
21 | with this Act for licensing of elevator mechanics,
inspectors, | ||||||
22 | and installers of
elevators,
including the provisions of the | ||||||
23 | Safety Code for Elevators and Escalators (ASME
A17.1),
the | ||||||
24 | Safety Code for Existing Elevators (ASME A17.3), the Standard | ||||||
25 | for the
Qualification
of Elevator Inspectors (ASME QEI-1), the |
| |||||||
| |||||||
1 | Automated People Mover Standards
(ASCE 21), the Safety | ||||||
2 | Requirements for Personnel Hoists and Employee Elevators
(ANSI | ||||||
3 | A10.4), and the Safety Standard for Platform Lifts and Stairway | ||||||
4 | Chairlifts (ASME A18.1). The Board shall adopt the latest | ||||||
5 | editions of the standards referenced in this subsection (a) | ||||||
6 | within 6 months after the effective date of the standards.
| ||||||
7 | (b) The Board shall have the authority to grant exceptions | ||||||
8 | and
variances from
the literal requirements of
applicable State | ||||||
9 | codes, standards, and regulations in cases where such
variances
| ||||||
10 | would not
jeopardize the public
safety and
welfare. The Board | ||||||
11 | shall have the authority to hear appeals, hold hearings, and
| ||||||
12 | decide
upon such within 30 days of the appeal.
| ||||||
13 | (c) The Board shall establish fee schedules for licenses, | ||||||
14 | permits,
certificates, and
inspections. The fees shall be set | ||||||
15 | at an amount necessary to cover the actual
costs and expenses | ||||||
16 | to operate
the Board
and to conduct the duties as described in | ||||||
17 | this Act.
| ||||||
18 | (d) The Board shall be authorized to recommend the | ||||||
19 | amendments of applicable
legislation, when appropriate, to | ||||||
20 | legislators.
| ||||||
21 | (e) The Administrator may solicit the advice and expert | ||||||
22 | knowledge of
the
Board on any matter relating to the | ||||||
23 | administration and enforcement of this Act.
| ||||||
24 | (f) The Administrator may employ professional, technical,
| ||||||
25 | investigative, or
clerical help, on either a full-time or | ||||||
26 | part-time basis, as may be necessary
for the
enforcement of |
| |||||||
| |||||||
1 | this Act.
| ||||||
2 | (g) (Blank).
| ||||||
3 | (Source: P.A. 94-698, eff. 11-22-05.)
| ||||||
4 | (225 ILCS 312/40)
| ||||||
5 | (Section scheduled to be repealed on January 1, 2013)
| ||||||
6 | Sec. 40. Application for contractor's license.
| ||||||
7 | (a) Any person, firm, or company wishing to engage in the | ||||||
8 | business of
installing,
altering, repairing, servicing, | ||||||
9 | replacing, or maintaining elevators,
dumbwaiters,
escalators, | ||||||
10 | or
moving walks within this State shall make application for a | ||||||
11 | license with the
Administrator. However, if the State, a unit | ||||||
12 | of local government, or an institution of higher education | ||||||
13 | maintains in its employ licensed or limited licensed elevator | ||||||
14 | mechanics who maintain only conveyances owned or leased by that | ||||||
15 | entity, the employing entity is not required to be licensed as | ||||||
16 | a contractor under this Section and none of the provisions of | ||||||
17 | this Act concerning licensed contractors shall apply to these | ||||||
18 | entities.
| ||||||
19 | (b) All applications shall contain the following | ||||||
20 | information:
| ||||||
21 | (1) if the applicant is a person, the name, residence, | ||||||
22 | and business address
of the applicant;
| ||||||
23 | (2) if the applicant is a partnership, the name, | ||||||
24 | residence, and business
address of each partner;
| ||||||
25 | (3) if the applicant is a domestic corporation, the |
| |||||||
| |||||||
1 | name and business
address of the corporation and the name | ||||||
2 | and residence address of the principal
officer of the | ||||||
3 | corporation;
| ||||||
4 | (4) if the applicant is a corporation other than a | ||||||
5 | domestic corporation,
the
name and address of an agent | ||||||
6 | locally located who shall be authorized to accept
service | ||||||
7 | of process and official notices;
| ||||||
8 | (5) the number of years the applicant has engaged in | ||||||
9 | the business of
installing, inspecting, maintaining, or | ||||||
10 | servicing elevators or platform
lifts or both;
| ||||||
11 | (6) if applying for an elevator contractor's license, | ||||||
12 | the approximate
number of persons, if any, to be employed | ||||||
13 | by the elevator contractor applicant
and, if applicable, | ||||||
14 | satisfactory evidence that the employees are or will be
| ||||||
15 | covered
by workers' compensation insurance;
| ||||||
16 | (7) satisfactory evidence that the applicant is or will | ||||||
17 | be covered by
general
liability, personal injury, and | ||||||
18 | property damage insurance;
| ||||||
19 | (8) any criminal record of convictions; and
| ||||||
20 | (9) any other information as the Administrator may | ||||||
21 | require.
| ||||||
22 | (c) (Blank).
| ||||||
23 | (Source: P.A. 94-698, eff. 11-22-05.)
| ||||||
24 | (225 ILCS 312/45)
| ||||||
25 | (Section scheduled to be repealed on January 1, 2013)
|
| |||||||
| |||||||
1 | Sec. 45. Qualifications for elevator mechanic's license; | ||||||
2 | emergency and temporary licensure.
| ||||||
3 | (a) No license shall be granted to any person who has not | ||||||
4 | paid the required
application fee.
| ||||||
5 | (b) No license shall be granted to any person who has not | ||||||
6 | proven his or her
qualifications and abilities. | ||||||
7 | (c) Applicants for an elevator mechanic's license
must
| ||||||
8 | demonstrate one of the
following qualifications:
| ||||||
9 | (1) an acceptable combination of documented experience | ||||||
10 | and education
credits consisting of: (A) not less than 3 | ||||||
11 | years work experience in the
elevator
industry, in | ||||||
12 | construction, maintenance, or
and service and
or repair, as | ||||||
13 | verified by
current and previous employers licensed to do | ||||||
14 | business in this State or in another state if the Board | ||||||
15 | deems that out-of-State experience equivalent ; and (B)
| ||||||
16 | satisfactory completion of a written examination | ||||||
17 | administered by the Elevator
Safety Review Board or its | ||||||
18 | designated provider on the adopted rules and , referenced | ||||||
19 | codes , and standards for the equipment the licensee is | ||||||
20 | authorized to install ;
| ||||||
21 | (2) acceptable proof that he or she has worked as an | ||||||
22 | elevator constructor,
maintenance, or repair person for | ||||||
23 | the equipment the licensee is authorized to install ; | ||||||
24 | acceptable proof shall consist of documentation
that he or | ||||||
25 | she worked without direct and immediate supervision for an | ||||||
26 | elevator
contractor who has worked on elevators in this |
| |||||||
| |||||||
1 | State for a period of not less
than
3
years immediately | ||||||
2 | preceding the effective date of the final
initial rules | ||||||
3 | adopted by the Board under Section 35 of this Act that | ||||||
4 | implement this Act; the person must make
application by | ||||||
5 | December 31, 2007; however, all licenses issued under the | ||||||
6 | provisions of this item (2) between May 1, 2006 and the | ||||||
7 | effective date of this amendatory Act of the 95th General | ||||||
8 | Assembly are deemed valid ;
| ||||||
9 | (3) a certificate of successful completion of the | ||||||
10 | mechanic examination
of a
nationally recognized training | ||||||
11 | program for the elevator industry , such as the
National | ||||||
12 | Elevator Industry Educational Program or its equivalent | ||||||
13 | based on the codes applicable to the type of license | ||||||
14 | (elevator mechanic's license or limited elevator | ||||||
15 | mechanic's license) for which the individual is applying ;
| ||||||
16 | (4) a certificate of completion of an elevator mechanic | ||||||
17 | apprenticeship
program with standards substantially equal | ||||||
18 | to those of this Act and
registered
with the Bureau of | ||||||
19 | Apprenticeship and Training, U.S. Department of Labor, or a
| ||||||
20 | State apprenticeship council; or
| ||||||
21 | (5) a valid license from a state having standards | ||||||
22 | substantially equal to
those of this State.
| ||||||
23 | (d) Whenever an emergency exists in the State due to a
| ||||||
24 | disaster , act of God, or
work stoppage and the number of | ||||||
25 | persons in the State holding licenses granted
by the
Board is | ||||||
26 | insufficient to cope with the emergency, the licensed elevator
|
| |||||||
| |||||||
1 | contractor shall
respond as necessary to ensure the safety of | ||||||
2 | the public. Any person certified
by a licensed
elevator | ||||||
3 | contractor to have an acceptable combination of documented | ||||||
4 | experience
and
education to perform elevator work without | ||||||
5 | direct and immediate supervision
shall seek
an emergency | ||||||
6 | elevator mechanic's license from the Administrator
within 5 | ||||||
7 | business days after commencing work requiring a license. The
| ||||||
8 | Administrator
shall issue emergency elevator mechanic's | ||||||
9 | licenses. The applicant shall furnish
proof of
competency as | ||||||
10 | the Administrator may require. Each license shall recite that | ||||||
11 | it
is valid for a
period of 60
30 days from the date thereof and | ||||||
12 | for such particular elevators
or
geographical areas as the | ||||||
13 | Administrator may designate and otherwise shall
entitle the
| ||||||
14 | licensee to the rights and privileges of an elevator mechanic's | ||||||
15 | license issued
under this
Act. The Administrator shall renew an | ||||||
16 | emergency elevator mechanic's license
during the
existence of | ||||||
17 | an emergency. No fee may be charged for any emergency elevator
| ||||||
18 | mechanic's license or renewal thereof. | ||||||
19 | (e) A licensed elevator contractor shall notify the | ||||||
20 | Administrator when there
are no
licensed personnel available to | ||||||
21 | perform elevator work. The licensed elevator
contractor
may | ||||||
22 | request that the Administrator issue temporary elevator | ||||||
23 | mechanic's licenses
to
persons certified by the licensed | ||||||
24 | elevator contractor to have an acceptable
combination of
| ||||||
25 | documented experience and education to perform elevator work | ||||||
26 | without direct and
immediate supervision. Any person certified |
| |||||||
| |||||||
1 | by a licensed elevator contractor
to have an
acceptable | ||||||
2 | combination of documented experience and education to perform
| ||||||
3 | elevator
work without direct and immediate supervision shall | ||||||
4 | immediately seek a
temporary
elevator mechanic's license from | ||||||
5 | the Administrator and shall pay such fee as
the Board
shall | ||||||
6 | determine. The applicant for temporary licensure shall furnish | ||||||
7 | proof of competency as the Administrator may require and for | ||||||
8 | such particular elevators or geographical areas as the | ||||||
9 | Administrator may designate .
Each license shall recite that it | ||||||
10 | is valid for a period of
30 days from
the date of issuance and | ||||||
11 | while employed by the licensed elevator contractor
that | ||||||
12 | certified
the individual as qualified. It shall be renewable as | ||||||
13 | long as the shortage of
license holders continues.
| ||||||
14 | (Source: P.A. 94-698, eff. 11-22-05.)
| ||||||
15 | (225 ILCS 312/55)
| ||||||
16 | (Section scheduled to be repealed on January 1, 2013)
| ||||||
17 | Sec. 55. Qualifications for elevator contractor's license.
| ||||||
18 | (a) No license shall be granted to any person or firm | ||||||
19 | unless the appropriate
application fee is paid.
| ||||||
20 | (b) No license shall be granted to any person or firm who | ||||||
21 | has not proven the
required qualifications and abilities. An | ||||||
22 | applicant must be individually licensed as an elevator mechanic | ||||||
23 | under this Act, perform the work set forth in subsection (a) of | ||||||
24 | Section 20 of this Act, and have proof of compliance with the | ||||||
25 | insurance requirements set forth in Section 100 of this Act or, |
| |||||||
| |||||||
1 | in the case of a firm, employ a person who is individually | ||||||
2 | licensed as an elevator mechanic under this Act, perform the | ||||||
3 | work set forth in subsection (a) of Section 20 of this Act, and | ||||||
4 | have proof of compliance with the insurance requirements set | ||||||
5 | forth in Section 100 of this Act.
demonstrate one of the
| ||||||
6 | following
qualifications:
| ||||||
7 | (1) five years work experience in the elevator industry | ||||||
8 | in construction,
maintenance, and service or repair, as | ||||||
9 | verified by such documentation as the Board may require by | ||||||
10 | rule; | ||||||
11 | (1.5) satisfactory completion of a written
examination | ||||||
12 | administered by the Elevator Safety Review Board or its | ||||||
13 | designated provider on the most
recent referenced codes and | ||||||
14 | standards; or
| ||||||
15 | (2) proof that the individual or firm holds a valid | ||||||
16 | license from a state
having standards substantially equal | ||||||
17 | to those of this State.
| ||||||
18 | (c) (Blank).
| ||||||
19 | (Source: P.A. 94-698, eff. 11-22-05.)
| ||||||
20 | (225 ILCS 312/70)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2013)
| ||||||
22 | Sec. 70. Administrative Procedure Act. The Illinois | ||||||
23 | Administrative
Procedure Act is hereby expressly adopted and | ||||||
24 | incorporated herein as if all of
the provisions of that Act | ||||||
25 | were included in this Act , except that the provision
of
|
| |||||||
| |||||||
1 | subsection (d) of Section 10-65 of the Illinois Administrative | ||||||
2 | Procedure Act
that provides that at hearings the licensee has | ||||||
3 | the right to show compliance
with all lawful requirements for | ||||||
4 | retention, or continuation or renewal of the
license, is | ||||||
5 | specifically excluded . For the purposes of this Act, the notice
| ||||||
6 | required under Section 10-25 of the Illinois Administrative | ||||||
7 | Procedure Act is
deemed sufficient when mailed to the last | ||||||
8 | known address of a party.
| ||||||
9 | (Source: P.A. 92-873, eff. 6-1-03.)
| ||||||
10 | (225 ILCS 312/80)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2013)
| ||||||
12 | Sec. 80. Registration of existing elevators, platform | ||||||
13 | lifts, dumbwaiters,
escalators, moving walks, and any other | ||||||
14 | conveyance. Within 6 months after the
date of
the adoption of | ||||||
15 | the final
initial rules that implement this Act, the owner or | ||||||
16 | lessee of every existing conveyance
shall
register with the | ||||||
17 | Administrator each elevator, dumbwaiter, platform lift,
| ||||||
18 | escalator, or
other device described in Section 10 of this Act | ||||||
19 | and provide the type, rated
load and
speed, name of
| ||||||
20 | manufacturer, its location, the purpose for which it is used, | ||||||
21 | and such
additional
information as the Administrator may | ||||||
22 | require. Elevators, dumbwaiters,
platform lifts,
escalators, | ||||||
23 | moving walks, or other conveyances of which construction has | ||||||
24 | begun
subsequent to the date of the creation of the Board shall | ||||||
25 | be registered at the
time they are
completed and placed in |
| |||||||
| |||||||
1 | service.
| ||||||
2 | (Source: P.A. 94-698, eff. 11-22-05.)
| ||||||
3 | (225 ILCS 312/85)
| ||||||
4 | (Section scheduled to be repealed on January 1, 2013)
| ||||||
5 | Sec. 85. Compliance. It shall be the responsibility of | ||||||
6 | individuals,
firms, or
companies licensed as
described in this | ||||||
7 | Act
to ensure that installation or service and maintenance of | ||||||
8 | elevators and devices
described
in Section 10 of this Act is | ||||||
9 | performed in compliance with the provisions
contained in
this | ||||||
10 | Act
and applicable fire and building codes
local regulations .
| ||||||
11 | (Source: P.A. 92-873, eff. 6-1-03.)
| ||||||
12 | (225 ILCS 312/90)
| ||||||
13 | (Section scheduled to be repealed on January 1, 2013)
| ||||||
14 | Sec. 90. Permits.
| ||||||
15 | (a) No conveyance covered by this Act shall be erected, | ||||||
16 | constructed,
installed,
or altered within buildings or | ||||||
17 | structures within this State unless a permit has
been
obtained | ||||||
18 | from the Administrator or a municipality or other unit of local
| ||||||
19 | government before the work is commenced .
If the permit is | ||||||
20 | obtained
from
a municipality or other unit of local government, | ||||||
21 | the municipality or other
unit of local
government that issued | ||||||
22 | the permit shall
keep the permit on file for a period of not | ||||||
23 | less than one year from the date of
issuance and send a copy to | ||||||
24 | the Administrator for inspection.
Where
any material |
| |||||||
| |||||||
1 | alteration is made, the device shall conform to applicable
| ||||||
2 | requirements in
ASME A17.1, ASME A18.1, or ASCE 21 , or ANSI | ||||||
3 | A10.4 . No permit required under this
Section
shall be
issued
| ||||||
4 | except to a person, firm, or corporation holding a current | ||||||
5 | elevator
contractor's license,
duly issued pursuant to this | ||||||
6 | Act , except that a permit to alter a conveyance may be issued | ||||||
7 | to an entity exempted from licensure under subsection (a) of | ||||||
8 | Section 40 of this Act . A copy of the permit shall be kept at | ||||||
9 | the
construction
site at all times while the work is in | ||||||
10 | progress.
| ||||||
11 | (b) The permit fee shall be as set by the Board. Permit | ||||||
12 | fees collected are
non-refundable.
| ||||||
13 | (c) Each application for a permit shall be accompanied by | ||||||
14 | applicable fees and
by
copies of specifications and accurately | ||||||
15 | scaled and fully dimensioned plans
showing the
location of the | ||||||
16 | installation in relation to the plans and elevation of the
| ||||||
17 | building, the
location of the machinery room and the equipment | ||||||
18 | to be installed, relocated, or
altered,
and all structural | ||||||
19 | supporting members thereof , including foundations. The | ||||||
20 | applicant
shall also
specify all materials to be employed and | ||||||
21 | all loads to be supported or conveyed.
These
plans and | ||||||
22 | specifications shall be sufficiently complete to illustrate | ||||||
23 | all
details of
construction and design.
| ||||||
24 | (d) Permits may be revoked for the following reasons:
| ||||||
25 | (1) Any false statements or misrepresentation as to the | ||||||
26 | material
facts in the application, plans, or |
| |||||||
| |||||||
1 | specifications on which the permit was
based.
| ||||||
2 | (2) The permit was issued in error and should not have | ||||||
3 | been
issued
in accordance with the code.
| ||||||
4 | (3) The work detailed under the permit is not being | ||||||
5 | performed in
accordance with the provisions of the | ||||||
6 | application, plans, or specifications or
with
the code or | ||||||
7 | conditions of the permit.
| ||||||
8 | (4) The elevator contractor to whom the permit was | ||||||
9 | issued fails or
refuses to comply with a "stop work" order.
| ||||||
10 | (5) If the work authorized by a permit is not commenced | ||||||
11 | within 6 months
after
the date of issuance, or within a | ||||||
12 | shorter period of time as the Administrator or his or her
| ||||||
13 | duly authorized representative in his or her discretion may | ||||||
14 | specify at the time
the
permit is
issued.
| ||||||
15 | (6) If the work is suspended or abandoned for a period | ||||||
16 | of 60 days, or
shorter
period
of time as the Administrator | ||||||
17 | or his or her duly authorized representative
in his
or her | ||||||
18 | discretion
may specify at the time the permit is issued, | ||||||
19 | after the work has been started.
For good
cause, the | ||||||
20 | Administrator or his or her representative may allow an
| ||||||
21 | extension of
this
period at his or her discretion.
| ||||||
22 | (e) (Blank).
| ||||||
23 | (Source: P.A. 94-698, eff. 11-22-05.)
| ||||||
24 | (225 ILCS 312/100)
| ||||||
25 | (Section scheduled to be repealed on January 1, 2013)
|
| |||||||
| |||||||
1 | Sec. 100. Insurance requirements.
| ||||||
2 | (a) Elevator contractors shall submit to the Administrator | ||||||
3 | an insurance
policy
or certified copy thereof, issued by an | ||||||
4 | insurance company authorized to do
business in
the State, to | ||||||
5 | provide general liability coverage of at least $1,000,000
| ||||||
6 | $2,000,000 for
injury or death of
any one person and $2,000,000 | ||||||
7 | for injury or death of any number of persons in
any one
| ||||||
8 | occurrence, with coverage of at least $500,000
$1,000,000 for | ||||||
9 | property damage in any
one
occurrence and statutory workers | ||||||
10 | compensation insurance coverage.
| ||||||
11 | (b) Private elevator inspectors shall submit to the | ||||||
12 | Administrator an
insurance
policy
or certified copy thereof, | ||||||
13 | issued by an insurance company authorized to do
business in
the | ||||||
14 | State, to provide general liability coverage of at least | ||||||
15 | $1,000,000
$2,000,000 for
injury or death of
any one person and | ||||||
16 | $2,000,000 for injury or death of any number of persons in
any | ||||||
17 | one
occurrence, with coverage of at least $500,000
$1,000,000
| ||||||
18 | for property damage in any
one
occurrence and statutory workers | ||||||
19 | compensation insurance coverage.
| ||||||
20 | (c) These policies, or duly certified copies thereof, or an | ||||||
21 | appropriate
certificate of
insurance, approved as to form by | ||||||
22 | the Department of Insurance,
shall be delivered to the | ||||||
23 | Administrator before or at
the time
of the
issuance of a | ||||||
24 | license. In the event of a material alteration or cancellation
| ||||||
25 | of a policy,
at least 10 days notice thereof shall be given to | ||||||
26 | the Administrator.
|
| |||||||
| |||||||
1 | (Source: P.A. 92-873, eff. 6-1-03.)
| ||||||
2 | (225 ILCS 312/105)
| ||||||
3 | (Section scheduled to be repealed on January 1, 2013)
| ||||||
4 | Sec. 105. Enforcement.
| ||||||
5 | (a) It shall be the duty of the Elevator Safety Review | ||||||
6 | Board
to develop an
enforcement program to ensure compliance | ||||||
7 | with rules and
requirements
referenced in this Act. This shall | ||||||
8 | include, but shall not be limited to,
rules for
identification | ||||||
9 | of property locations that are subject to the rules and
| ||||||
10 | requirements; issuing notifications to violating property | ||||||
11 | owners or operators,
random on-site inspections, policies for | ||||||
12 | administrative penalties, and tests on existing installations; | ||||||
13 | witnessing
periodic
inspections and
testing in order to ensure | ||||||
14 | satisfactory performance by licensed persons, firms,
or
| ||||||
15 | companies; and assisting in development of public awareness | ||||||
16 | programs.
| ||||||
17 | (b) Any person may make a request for an investigation into | ||||||
18 | an alleged
violation
of
this Act by giving notice to the | ||||||
19 | Administrator
of such violation or
danger. The
notice shall be | ||||||
20 | in writing, shall set forth with reasonable particularity the
| ||||||
21 | grounds for the
notice, and shall be signed by the person | ||||||
22 | making the request. Upon the request
of any
person signing the | ||||||
23 | notice, the person's name shall not appear on any copy of
the | ||||||
24 | notice
or any record published, released, or made available.
| ||||||
25 | (c) If, upon receipt of such notification, the |
| |||||||
| |||||||
1 | Administrator
determines
that there
are
reasonable grounds to | ||||||
2 | believe that such violation or danger exists, the
Administrator
| ||||||
3 | shall cause to be made an investigation in accordance
with the | ||||||
4 | provisions of
this Act as
soon as practicable to determine if | ||||||
5 | such violation or danger exists. If the
Administrator | ||||||
6 | determines that there are no reasonable
grounds to believe that | ||||||
7 | a
violation or
danger exists, he or she shall notify the party | ||||||
8 | in writing of such
determination.
| ||||||
9 | (d) (Blank).
| ||||||
10 | (Source: P.A. 94-698, eff. 11-22-05.)
| ||||||
11 | (225 ILCS 312/110)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2013)
| ||||||
13 | Sec. 110. Liability.
| ||||||
14 | (a) This Act shall not be construed to relieve or lessen | ||||||
15 | the responsibility
or
liability of any person, firm, or | ||||||
16 | corporation owning, operating, controlling,
maintaining,
| ||||||
17 | erecting, constructing, installing, altering, inspecting, | ||||||
18 | testing, or repairing
any elevator or
other related mechanisms | ||||||
19 | covered by this Act for damages to person or property
caused
by | ||||||
20 | any defect therein, nor does the State or any unit of local | ||||||
21 | government
assume any such liability or
responsibility
| ||||||
22 | therefore or any liability to any person for whatever reason | ||||||
23 | whatsoever by the
adoption of
this Act or any acts or omissions | ||||||
24 | arising under this Act.
| ||||||
25 | (b) Any owner or lessee who violates any of the provisions |
| |||||||
| |||||||
1 | of this Act
is guilty of a Class C misdemeanor
shall
be fined | ||||||
2 | in an amount not to exceed $1,500 per violation, per day .
| ||||||
3 | (c) (Blank).
Compliance with this Act is not a defense to a | ||||||
4 | legal proceeding.
| ||||||
5 | (Source: P.A. 94-698, eff. 11-22-05.)
| ||||||
6 | (225 ILCS 312/120)
| ||||||
7 | (Section scheduled to be repealed on January 1, 2013)
| ||||||
8 | Sec. 120. Inspection and testing.
| ||||||
9 | (a) It shall be the responsibility of the owner of all new | ||||||
10 | and existing
conveyances
located in any building or structure | ||||||
11 | to have the conveyance inspected annually , at intervals | ||||||
12 | determined by the Board,
by a person, firm, or company to which | ||||||
13 | a license to
inspect
conveyances has been issued. Subsequent to | ||||||
14 | inspection, the licensed person,
firm, or
company must supply | ||||||
15 | the property owner or lessee and the Administrator
with a
| ||||||
16 | written inspection report describing any and all code
| ||||||
17 | violations. Property owners
shall have 30
days from the date of | ||||||
18 | the published inspection report to be in full compliance
by
| ||||||
19 | correcting the violations. The Administrator shall determine | ||||||
20 | whether such violations have been corrected and may extend the | ||||||
21 | compliance dates for good cause, provided that such violations | ||||||
22 | are minor and pose no threat to public safety .
| ||||||
23 | (b) It shall be the responsibility of the owner of all | ||||||
24 | conveyances to have a licensed elevator contractor, as defined | ||||||
25 | in this Act, ensure that the required tests are performed at |
| |||||||
| |||||||
1 | intervals in compliance with the ASME A 17.1, ASME A 18.1 and | ||||||
2 | ASCE 21
(Blank) .
| ||||||
3 | (c) All tests shall be performed by a licensed elevator | ||||||
4 | mechanic or licensed limited elevator mechanic who is licensed | ||||||
5 | to perform work on that particular type of conveyance .
| ||||||
6 | (Source: P.A. 94-698, eff. 11-22-05.)
| ||||||
7 | (225 ILCS 312/130 rep.)
| ||||||
8 | Section 10. The Elevator Safety and Regulation Act is | ||||||
9 | amended by repealing Section 130.
| ||||||
10 | Section 99. Effective date. This Act takes effect upon | ||||||
11 | becoming law.
|