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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 5, 10, 15, 20, 25, 35, 40, 45, 50,
6 55, 60, 80, 90, 95, 105, 110, 120, 135, and 140 as follows:
 
7     (225 ILCS 312/5)
8     (Section scheduled to be repealed on January 1, 2013)
9     Sec. 5. Purpose. The purpose of this Act is to provide for
10 the public safety of life and limb and to promote public safety
11 awareness. The use of unsafe and defective lifting devices
12 imposes a substantial probability of serious and preventable
13 injury to employees and the public exposed to unsafe
14 conditions. The prevention of these injuries and protection of
15 employees and the public from unsafe conditions is in the best
16 interest of the people of this State. Elevator personnel
17 performing work covered by this Act shall, by documented
18 training or experience or both, be familiar with the operation
19 and safety functions of the components and equipment. Training
20 and experience shall include, but not be limited to,
21 recognizing the safety hazards and performing the procedures to
22 which they are assigned in conformance with the requirements of
23 the Act. This Act shall establish the minimum standards for
24 elevator personnel.
25     This Act is not intended to interfere with the powers of
26 municipalities or the home rule powers of a municipality with a
27 population over 500,000, including the power to license and
28 regulate any profession or occupation.
29     The provisions of this Act are not intended to prevent the
30 use of systems, methods, or devices of equivalent or superior
31 quality, strength, fire resistance, code effectiveness,
32 durability, and safety to those required by the Act, provided

 

 

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1 that there is technical documentation to demonstrate the
2 equivalency of the system, method, or device, as prescribed in
3 ASME A17.1, ASME A18.1, or ASCE 21.
4 (Source: P.A. 92-873, eff. 6-1-03.)
 
5     (225 ILCS 312/10)
6     (Section scheduled to be repealed on January 1, 2013)
7     Sec. 10. Applicability.
8     (a) This Act covers the design, construction, operation,
9 inspection, testing, maintenance, alteration, and repair of
10 the following equipment, its associated parts, and its
11 hoistways (except as modified by subsection (c) of this
12 Section):
13         (1) Hoisting and lowering mechanisms equipped with a
14     car or platform, which move between 2 or more landings.
15     This equipment includes, but is not limited to, the
16     following (also see ASME A17.1, ASME A17.3, ASME A18.1, and
17     ANSI A10.4):
18             (A) Elevators.
19             (B) Platform lifts and stairway chair lifts.
20         (2) Power driven stairways and walkways for carrying
21     persons between landings. This equipment includes, but is
22     not limited to, the following (also see ASME A17.1 and ASME
23     A17.3):
24             (A) Escalators.
25             (B) Moving walks.
26         (3) Hoisting and lowering mechanisms equipped with a
27     car, which serves 2 or more landings and is restricted to
28     the carrying of material by its limited size or limited
29     access to the car. This equipment includes, but is not
30     limited to, the following (also see ASME A17.1 and ASME
31     A17.3):
32             (A) Dumbwaiters.
33             (B) Material lifts and dumbwaiters with automatic
34         transfer devices.
35     (b) This Act covers the design, construction, operation,

 

 

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1 inspection, maintenance, alteration, and repair of automatic
2 guided transit vehicles on guideways with an exclusive
3 right-of-way. This equipment includes, but is not limited to,
4 automated people movers (also see ASCE 21).
5     (c) This Act does not apply to the following equipment:
6         (1) Material hoists.
7         (2) Belt manlifts.
8         (3) Mobile scaffolds, towers, and platforms, except
9     those covered by ANSI A10.4.
10         (4) Powered platforms and equipment for exterior and
11     interior maintenance.
12         (5) Conveyors and related equipment.
13         (6) Cranes, derricks, hoists, hooks, jacks, and
14     slings.
15         (7) Industrial trucks.
16         (8) Portable equipment, except for portable
17     escalators.
18         (9) Tiering or piling machines used to move materials
19     to and from storage located and operating entirely within
20     one story.
21         (10) Equipment for feeding or positioning materials at
22     machine tools, printing presses, etc.
23         (11) Skip or furnace hoists.
24         (12) Wharf ramps.
25         (13) Railroad car lifts or dumpers.
26         (14) Line jacks, false cars, shafters, moving
27     platforms, and similar equipment used for installing an
28     elevator by a contractor licensed in this State.
29         (15) Railway and Transit Systems.
30         (16) Conveyances located in a private residence not
31     accessible to the public.
32         (17) Special purpose personnel elevators.
33     (d) This Act does not apply to a municipality with a
34 population over 500,000.
35 (Source: P.A. 92-873, eff. 6-1-03.)
 

 

 

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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,
27 moving sidewalk, platform lifts, stairway chairlifts and
28 automated people movers.
29     "Elevator" means an installation defined as an "elevator"
30 in ASME A17.1.
31     "Elevator contractor" means any person, firm, or
32 corporation who possesses an elevator contractor's license in
33 accordance with the provisions of Sections 40 and 55 of this
34 Act and who is engaged in the business of erecting,
35 constructing, installing, altering, servicing, repairing, or
36 maintaining elevators or related conveyance covered by this

 

 

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1 Act.
2     "Elevator contractor's license" means a license issued to
3 an elevator contractor who has proven his or her qualifications
4 and ability and has been authorized by the Elevator Safety
5 Review Board to possess this type of license. It shall entitle
6 the holder thereof to engage in the business of erecting,
7 constructing, installing, altering, servicing, testing,
8 repairing, or maintaining elevators or related conveyance
9 covered by this Act. The Administrator may issue a limited
10 elevator contractor's license authorizing a firm or company
11 that employs individuals to carry on a business of erecting,
12 constructing, installing, altering, servicing, repairing, or
13 maintaining platform lifts and stairway chairlifts within any
14 building or structure, excluding including but not limited to
15 private residences.
16     "Elevator helper" means an individual registered with the
17 Administrator as an elevator helper. Elevator helpers must work
18 under the direct supervision of a licensed elevator mechanic.
19     "Elevator industry apprentice" means an individual who is
20 enrolled in an apprenticeship program approved by the Bureau of
21 Apprenticeship and Training of the U.S. Department of Labor and
22 who is registered by the Administrator to perform work within
23 the elevator industry under the direct supervision of a
24 licensed elevator mechanic.
25     "Elevator inspector" means any person who possesses an
26 elevator inspector's license in accordance with the provisions
27 of this Act or any person who performs the duties and functions
28 of an elevator inspector for any unit of local government with
29 a population greater than 500,000 prior to or on the effective
30 date of this Act.
31     "Elevator mechanic" means any person who possesses an
32 elevator mechanic's license in accordance with the provisions
33 of Sections 40 and 45 of this Act and who is engaged in
34 erecting, constructing, installing, altering, servicing,
35 repairing, or maintaining elevators or related conveyance
36 covered by this Act.

 

 

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1     "Elevator mechanic's license" means a license issued to a
2 person who has proven his or her qualifications and ability and
3 has been authorized by the Elevator Safety Review Board to work
4 on conveyance equipment. It shall entitle the holder thereof to
5 install, construct, alter, service, repair, test, maintain,
6 and perform electrical work on elevators or related conveyance
7 covered by this Act. The Administrator may issue a limited
8 elevator mechanic's license authorizing an individual to carry
9 on a business of erecting, constructing, installing, altering,
10 servicing, repairing, or maintaining platform lifts and
11 stairway chairlifts within any building or structure.
12     "Escalator" means an installation defined as an
13 "escalator" in ASME A17.1.
14     "Existing installation" means an installation defined as
15 an "installation, existing" in ASME A17.1.
16     "Inspector's license" means a license issued to a person
17 who has proven his or her qualifications and ability and has
18 been authorized by the Elevator Safety Review Board to possess
19 this type of license. It shall entitle the holder thereof to
20 engage in the business of inspecting elevators or related
21 conveyance covered by this Act.
22     "License" means a written license, duly issued by the
23 Administrator, authorizing a person, firm, or company to carry
24 on the business of erecting, constructing, installing,
25 altering, servicing, repairing, maintaining, or performing
26 inspections of elevators or related conveyance covered by this
27 Act.
28     "Material alteration" means an "alteration" as defined by
29 the Board.
30     "Moving walk" means an installation as defined as a "moving
31 walk" in ASME A17.1.
32     "Private residence" means a separate dwelling or a separate
33 apartment or condominium unit in a multiple-family multiple
34 dwelling that is occupied by members of a single-family unit.
35     "Repair" has the meaning defined by the Board, which does
36 not require a permit.

 

 

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1     "Special purpose personnel elevator" means an elevator
2 that is limited in size, capacity, and speed and that is
3 permanently installed in certain structures, including, but
4 not limited to, grain elevators, radio antenna, bridge towers,
5 underground facilities, dams, and power plants, to provide
6 vertical transportation of authorized personnel and their
7 tools and equipment only.
8     "Temporarily dormant" means an elevator, dumbwaiter, or
9 escalator:
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 one-year
24     period;
25         (7) requiring the inspector to file a report with the
26     Administrator chief elevator inspector describing the
27     current conditions; and
28         (8) with a wire seal and padlock that shall not be
29     removed for any purpose without permission from the
30     elevator inspector.
31 (Source: P.A. 92-873, eff. 6-1-03; revised 1-20-03.)
 
32     (225 ILCS 312/20)
33     (Section scheduled to be repealed on January 1, 2013)
34     Sec. 20. License or registration required.
35     (a) After July 1, 2003 through the effective date of this

 

 

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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. However, a licensed elevator
10 contractor is not required for removal or dismantling of
11 conveyances that are destroyed as a result of a complete
12 demolition of a secured building or structure or where the
13 hoistway or wellway is demolished back to the basic support
14 structure and where no access is permitted that would endanger
15 the safety and welfare of a person.
16     (b) After July 1, 2003 through the effective date of this
17 amendatory Act of the 94th General Assembly and after July 1,
18 2006, no person shall inspect any conveyance within buildings
19 or structures, including, but not limited, to private
20 residences, unless he or she has an inspector's license.
21     (c) After January 1, 2006, a person who is not licensed
22 under subsection (a) may not work in the jurisdiction of this
23 State as an elevator industry apprentice or helper unless he or
24 she is registered as an elevator industry apprentice or helper
25 by the Administrator and works under the direct supervision of
26 an individual licensed under this Act as an elevator mechanic.
27 The Administrator shall set elevator industry apprenticeship
28 and helper qualifications and registration procedure by rule.
29 (Source: P.A. 92-873, eff. 6-1-03.)
 
30     (225 ILCS 312/25)
31     (Section scheduled to be repealed on January 1, 2013)
32     Sec. 25. Elevator Safety Review Board.
33     (a) There is hereby created within the Office of the State
34 Fire Marshal the Elevator Safety Review Board, consisting of 13
35 members. The Administrator shall appoint 3 members who shall be

 

 

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1 representatives of a fire service communities. The Governor
2 shall appoint the remaining 10 members of the Board as follows:
3 one representative from a major elevator manufacturing company
4 or its authorized representative; one representative from an
5 elevator servicing company; one representative of the
6 architectural design profession; one representative of the
7 general public; one representative of an advocacy group for
8 people with physical disabilities a municipality in this State
9 with a population over 500,000; one representative of a
10 municipality in this State with a population under 25,000; one
11 representative of a municipality in this State with a
12 population of 25,000 or over but under 50,000; one
13 representative of a municipality in this State with a
14 population of 50,000 or over but under 500,000; one
15 representative of a building owner or manager; and one
16 representative of labor involved in the installation,
17 maintenance, and repair of elevators.
18     (b) The members constituting the Board shall be appointed
19 for initial terms as follows:
20         (1) Of the members appointed by the Administrator, 2
21     shall serve for a term of 2 years, and one for a term of 4
22     years.
23         (2) Of the members appointed by the Governor, 2 shall
24     serve for a term of one year, 2 for terms of 2 years, 2 for
25     terms of 3 years, and 4 for terms of 4 years.
26     At the expiration of their initial terms of office, the
27 members or their successors shall be appointed for terms of 4
28 years each. Upon the expiration of a member's term of office,
29 the officer who appointed that member shall reappoint that
30 member or appoint a successor who is a representative of the
31 same interests with which his or her predecessor was
32 identified. The Administrator and the Governor may at any time
33 remove any of their respective appointees for inefficiency or
34 neglect of duty in office. Upon the death or incapacity of a
35 member, the officer who appointed that member shall fill the
36 vacancy for the remainder of the vacated term by appointing a

 

 

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1 member who is a representative of the same interests with which
2 his or her predecessor was identified. The members shall serve
3 without salary, but shall receive from the State expenses
4 necessarily incurred by them in performance of their duties.
5 The Governor shall appoint one of the members to serve as
6 chairperson. The chairperson shall be the deciding vote in the
7 event of a tie vote.
8 (Source: P.A. 92-873, eff. 6-1-03; revised 1-20-03.)
 
9     (225 ILCS 312/35)
10     (Section scheduled to be repealed on January 1, 2013)
11     Sec. 35. Powers and duties of the Board.
12     (a) The Board shall consult with engineering authorities
13 and organizations and adopt rules consistent with the
14 provisions of this Act for the administration and enforcement
15 of this Act. The Board may prescribe forms to be issued in
16 connection with the administration and enforcement of this Act.
17 The rules shall establish standards and criteria consistent
18 with this Act for licensing of elevator mechanics, inspectors,
19 and installers of elevators, including the provisions of the
20 Safety Code for Elevators and Escalators (ASME A17.1), the
21 Safety Code for Existing Elevators (ASME A17.3 A18.1), the
22 Standard for the Qualification of Elevator Inspectors (ASME
23 QEI-1), the Automated People Mover Standards (ASCE 21), the
24 Safety Requirements for Personnel Hoists and Employee
25 Elevators and the safety requirements for personnel hoists
26 (ANSI A10.4), and the Safety Standard for Platform Lifts and
27 Stairway Chairlifts (ASME A18.1).
28     (b) The Board shall have the authority to grant exceptions
29 and variances from the literal requirements of applicable State
30 codes, standards, and regulations in cases where such variances
31 would not jeopardize the public safety and welfare. The Board
32 shall have the authority to hear appeals, hold hearings, and
33 decide upon such within 30 days of the appeal.
34     (c) The Board shall establish fee schedules for licenses,
35 permits, certificates, and inspections. The fees shall be set

 

 

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1 at an amount necessary to cover the actual costs and expenses
2 to operate the Board and to conduct the duties as described in
3 this Act.
4     (d) The Board shall be authorized to recommend the
5 amendments of applicable legislation, when appropriate, to
6 legislators.
7     (e) The Administrator may solicit the advice and expert
8 knowledge of the Board on any matter relating to the
9 administration and enforcement of this Act.
10     (f) The Administrator may employ professional, technical,
11 investigative, or clerical help, on either a full-time or
12 part-time basis, as may be necessary for the enforcement of
13 this Act.
14     (g) (Blank). The Board shall not have authority within
15 municipalities with a population over 500,000 that have a
16 municipal code that covers the design, construction,
17 operation, inspection, testing, maintenance, alteration, and
18 repair of elevators, dumbwaiters, escalators, and moving
19 walks.
20 (Source: P.A. 92-873, eff. 6-1-03.)
 
21     (225 ILCS 312/40)
22     (Section scheduled to be repealed on January 1, 2013)
23     Sec. 40. Application for contractor's license.
24     (a) Any person, firm, or company wishing to engage in the
25 business of installing, altering, repairing, servicing,
26 replacing, or maintaining elevators, dumbwaiters, escalators,
27 or moving walks within this State shall make application for a
28 license with the Administrator.
29     (b) All applications shall contain the following
30 information:
31         (1) if the applicant is a person, the name, residence,
32     and business address of the applicant;
33         (2) if the applicant is a partnership, the name,
34     residence, and business address of each partner;
35         (3) if the applicant is a domestic corporation, the

 

 

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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). This Section does not apply to a person, firm,
23 or company located in a municipality with a population over
24 500,000 that provides for the licensure of contractors for work
25 performed within the corporate boundaries of a municipality
26 with a population over 500,000.
27 (Source: P.A. 92-873, eff. 6-1-03.)
 
28     (225 ILCS 312/45)
29     (Section scheduled to be repealed on January 1, 2013)
30     Sec. 45. Qualifications for elevator mechanic's license;
31 emergency and temporary licensure.
32     (a) No license shall be granted to any person who has not
33 paid the required application fee.
34     (b) No license shall be granted to any person who has not
35 proven his or her qualifications and abilities.

 

 

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1     (c) Applicants for an elevator mechanic's license must
2 demonstrate one of the following qualifications:
3         (1) an acceptable combination of documented experience
4     and education credits consisting of: (A) not less than 3
5     years work experience in the elevator industry, in
6     construction, maintenance, and service or repair, as
7     verified by current and previous employers licensed to do
8     business in this State; and (B) satisfactory completion of
9     a written examination administered by the Elevator Safety
10     Review Board or its designated provider on the adopted
11     rules, referenced codes, and standards for the equipment
12     the licensee is authorized to install;
13         (2) acceptable proof that he or she has worked as an
14     elevator constructor, maintenance, or repair person for
15     the equipment the licensee is authorized to install;
16     acceptable proof shall consist of documentation that he or
17     she worked without direct and immediate supervision for an
18     elevator contractor who has worked on elevators in this
19     State for a period of not less than 3 years immediately
20     preceding prior to the effective date of the initial rules
21     adopted by the Board under Section 35 of this Act that
22     implement this Act; the person must make application by May
23     1, 2006 within one year of the effective date of this Act;
24         (3) a certificate of successful completion of the
25     mechanic examination of a nationally recognized training
26     program for the elevator industry such as the National
27     Elevator Industry Educational Program or its equivalent
28     based on the codes applicable to the type of license
29     (elevator mechanic's license or limited elevator
30     mechanic's license) for which the individual is applying;
31         (4) a certificate of completion of an elevator mechanic
32     apprenticeship program with standards substantially equal
33     to those of this Act and registered with the Bureau of
34     Apprenticeship and Training, U.S. Department of Labor, or a
35     State apprenticeship council; or
36         (5) a valid license from a state having standards

 

 

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1     substantially equal to those of this State.
2     (d) Whenever an emergency exists in the State due to
3 disaster or work stoppage and the number of persons in the
4 State holding licenses granted by the Board is insufficient to
5 cope with the emergency, the licensed elevator contractor shall
6 respond as necessary to ensure the safety of the public. Any
7 person certified by a licensed elevator contractor to have an
8 acceptable combination of documented experience and education
9 to perform elevator work without direct and immediate
10 supervision shall seek an emergency elevator mechanic's
11 license from the Administrator within 5 business days after
12 commencing work requiring a license. The Administrator shall
13 issue emergency elevator mechanic's licenses. The applicant
14 shall furnish proof of competency as the Administrator may
15 require. Each license shall recite that it is valid for a
16 period of 30 days from the date thereof and for such particular
17 elevators or geographical areas as the Administrator may
18 designate and otherwise shall entitle the licensee to the
19 rights and privileges of an elevator mechanic's license issued
20 under this Act. The Administrator shall renew an emergency
21 elevator mechanic's license during the existence of an
22 emergency. No fee may be charged for any emergency elevator
23 mechanic's license or renewal thereof.
24     (e) A licensed elevator contractor shall notify the
25 Administrator when there are no licensed personnel available to
26 perform elevator work. The licensed elevator contractor may
27 request that the Administrator issue temporary elevator
28 mechanic's licenses to persons certified by the licensed
29 elevator contractor to have an acceptable combination of
30 documented experience and education to perform elevator work
31 without direct and immediate supervision. Any person certified
32 by a licensed elevator contractor to have an acceptable
33 combination of documented experience and education to perform
34 elevator work without direct and immediate supervision shall
35 immediately seek a temporary elevator mechanic's license from
36 the Administrator and shall pay such fee as the Board shall

 

 

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1 determine. The applicant for temporary licensure shall furnish
2 proof of competency as the Administrator may require and for
3 such particular elevators or geographical areas as the
4 Administrator may designate. Each license shall recite that it
5 is valid for a period of 30 days from the date of issuance and
6 while employed by the licensed elevator contractor that
7 certified the individual as qualified. It shall be renewable as
8 long as the shortage of license holders continues.
9 (Source: P.A. 92-873, eff. 6-1-03.)
 
10     (225 ILCS 312/50)
11     (Section scheduled to be repealed on January 1, 2013)
12     Sec. 50. Qualifications for elevator inspector's license.
13     (a) No inspector's license shall be granted to any person
14 who has not paid the required application fee.
15     (b) No inspector's license shall be granted to any person,
16 unless he or she proves to the satisfaction of the
17 Administrator that he or she meets the current ASME QEI-1,
18 Standards for the Qualifications of Elevator Inspectors.
19     (c) (Blank). Notwithstanding the provisions of subsections
20 (a) and (b) of this Section, the Administrator shall grant an
21 elevator inspector's license to a person engaged in the
22 practice of inspecting elevators in a municipality with a
23 population over 500,000 who is engaged in business as an
24 elevator inspector on the effective date of this Act.
25 (Source: P.A. 92-873, eff. 6-1-03.)
 
26     (225 ILCS 312/55)
27     (Section scheduled to be repealed on January 1, 2013)
28     Sec. 55. Qualifications for elevator contractor's license.
29     (a) No license shall be granted to any person or firm
30 unless the appropriate application fee is paid.
31     (b) No license shall be granted to any person or firm who
32 has not proven the required qualifications and abilities. An
33 applicant must demonstrate one of the following
34 qualifications:

 

 

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1         (1) five years work experience in the elevator industry
2     in construction, maintenance, and service or repair, as
3     verified by such documentation as the Board may require by
4     rule; current and previous elevator contractor's licenses
5     to do business, or
6         (1.5) satisfactory completion of a written examination
7     administered by the Elevator Safety Review Board or its
8     designated provider on the most recent referenced codes and
9     standards; or
10         (2) proof that the individual or firm holds a valid
11     license from a state having standards substantially equal
12     to those of this State.
13     (c) (Blank). This Section does not apply to a person or
14 firm engaged in business as an elevator contractor in a
15 municipality with a population over 500,000 that provides for
16 the licensure of elevator contractors for work performed within
17 the corporate boundaries of a municipality with a population
18 over 500,000.
19 (Source: P.A. 92-873, eff. 6-1-03.)
 
20     (225 ILCS 312/60)
21     (Section scheduled to be repealed on January 1, 2013)
22     Sec. 60. Issuance and renewal of licenses; fees.
23     (a) Upon approval of an application, the Administrator may
24 issue a license that must be renewed every 2 years biannually.
25 The renewal fee for the license shall be set by the Board.
26     (b) (Blank). Whenever an emergency exists in the State due
27 to disaster or work stoppage and the number of persons in the
28 State holding licenses granted by the Board is insufficient to
29 cope with the emergency, the licensed elevator contractor shall
30 respond as necessary to assure the safety of the public. Any
31 person certified by a licensed elevator contractor to have an
32 acceptable combination of documented experience and education
33 to perform elevator work without direct and immediate
34 supervision shall seek an emergency elevator mechanic's
35 license from the Administrator within 5 business days after

 

 

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1 commencing work requiring a license. The Administrator shall
2 issue emergency elevator mechanic's licenses. The applicant
3 shall furnish proof of competency as the Administrator may
4 require. Each license shall recite that it is valid for a
5 period of 30 days from the date thereof and for such particular
6 elevators or geographical areas as the Administrator may
7 designate and otherwise shall entitle the licensee to the
8 rights and privileges of a elevator mechanic's license issued
9 under this Act. The Administrator shall renew an emergency
10 elevator mechanic's license during the existence of an
11 emergency. No fee shall be charged for any emergency elevator
12 mechanic's license or renewal thereof.
13     (c) (Blank). A licensed elevator contractor shall notify
14 the Administrator when there are no licensed personnel
15 available to perform elevator work. The licensed elevator
16 contractor may request that the Administrator issue temporary
17 elevator mechanic's licenses to persons certified by the
18 licensed elevator contractor to have an acceptable combination
19 of documented experience and education to perform elevator work
20 without direct and immediate supervision. Any person certified
21 by a licensed elevator contractor to have an acceptable
22 combination of documented experience and education to perform
23 elevator work without direct and immediate supervision shall
24 immediately seek a temporary elevator mechanic's license from
25 the Administrator and shall pay such fee as the Board shall
26 determine. Each license shall recite that it is valid for a
27 period of 30 days from the date of issuance and while employed
28 by the licensed elevator contractor that certified the
29 individual as qualified. It shall be renewable as long as the
30 shortage of license holders shall continue.
31     (d) The renewal of all licenses granted under the
32 provisions of this Section shall be conditioned upon the
33 submission of a certificate of completion of a course designed
34 to ensure the continuing education of licensees on new and
35 existing provisions of the rules of the Elevator Safety Review
36 Board. Such course shall consist of not less than 8 hours of

 

 

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1 instruction that shall be attended and completed within one
2 year immediately preceding any such license renewal.
3     (e) The courses referred to in subsection (d) of this
4 Section shall be taught by instructors through continuing
5 education providers that may include, but shall not be limited
6 to, association seminars and labor training programs. The
7 Elevator Safety Review Board shall approve the continuing
8 education providers. All instructors shall be approved by the
9 Board and shall be exempt from the requirements of subsection
10 (d) of this Section with regard to their applications for
11 license renewal, provided that such applicant was qualified as
12 an instructor at any time during the one year immediately
13 preceding the scheduled date for such renewal.
14     (f) A licensee who is unable to complete the continuing
15 education course required under this Section prior to the
16 expiration of his or her license due to a temporary disability
17 may apply for a waiver from the Board. This shall be on a form
18 provided by the Board, which shall be signed under the penalty
19 of perjury and accompanied by a certified statement from a
20 competent physician attesting to such temporary disability.
21 Upon the termination of such temporary disability, the licensee
22 shall submit to the Board a certified statement from the same
23 physician, if practicable, attesting to the termination of the
24 temporary disability, at which time a waiver sticker, valid for
25 90 days, shall be issued to the licensee and affixed to his or
26 her license.
27     (g) Approved training providers shall keep for a period of
28 10 years uniform records of attendance of licensees following a
29 format approved by the Board. These records shall be available
30 for inspection by the Board at its request. Approved training
31 providers shall be responsible for the security of all
32 attendance records and certificates of completion, provided
33 that falsifying or knowingly allowing another to falsify
34 attendance records or certificates of completion shall
35 constitute grounds for suspension or revocation of the approval
36 required under this Section.

 

 

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1 (Source: P.A. 92-873, eff. 6-1-03.)
 
2     (225 ILCS 312/80)
3     (Section scheduled to be repealed on January 1, 2013)
4     Sec. 80. Registration of existing elevators, platform
5 lifts, dumbwaiters, escalators, moving walks, and any other
6 conveyance. Within 6 months after the date of the adoption of
7 the initial rules that implement this Act appointment of the
8 Board, the owner or lessee of every existing conveyance shall
9 register with the Administrator each elevator, dumbwaiter,
10 platform lift, escalator, or other device described in Section
11 10 of this Act and provide the type, rated load and speed, name
12 of manufacturer, its location, the purpose for which it is
13 used, and such additional information as the Administrator may
14 require. Elevators, dumbwaiters, platform lifts, escalators,
15 moving walks, or other conveyances of which construction has
16 begun subsequent to the date of the creation of the Board shall
17 be registered at the time they are completed and placed in
18 service.
19 (Source: P.A. 92-873, eff. 6-1-03.)
 
20     (225 ILCS 312/90)
21     (Section scheduled to be repealed on January 1, 2013)
22     Sec. 90. Permits.
23     (a) No conveyance covered by this Act shall be erected,
24 constructed, installed, or altered within buildings or
25 structures within this State unless a permit has been obtained
26 from the Administrator or a municipality or other unit of local
27 government. If the permit is obtained from a municipality or
28 other unit of local government, the municipality or other unit
29 of local government that issued the permit shall keep the
30 permit on file for a period of not less than one year from the
31 date of issuance and send a copy to the Administrator for
32 inspection. Where any material alteration is made, the device
33 shall conform to applicable requirements in ASME A17.1, ASME
34 A18.1, ASCE 21, or ANSI A10.4. No permit required under this

 

 

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1 Section shall be issued except to a person, firm, or
2 corporation holding a current elevator contractor's license,
3 duly issued pursuant to this Act. A copy of the permit shall be
4 kept at the construction site at all times while the work is in
5 progress.
6     (b) The permit fee shall be as set by the Board. Permit
7 fees collected are non-refundable.
8     (c) Each application for a permit shall be accompanied by
9 applicable fees and by copies of specifications and accurately
10 scaled and fully dimensioned plans showing the location of the
11 installation in relation to the plans and elevation of the
12 building, the location of the machinery room and the equipment
13 to be installed, relocated, or altered, and all structural
14 supporting members, including foundations. The applicant shall
15 also specify all materials to be employed and all loads to be
16 supported or conveyed. These plans and specifications shall be
17 sufficiently complete to illustrate all details of
18 construction and design.
19     (d) Permits may be revoked for the following reasons:
20         (1) Any false statements or misrepresentation as to the
21     material facts in the application, plans, or
22     specifications on which the permit was based.
23         (2) The permit was issued in error and should not have
24     been issued in accordance with the code.
25         (3) The work detailed under the permit is not being
26     performed in accordance with the provisions of the
27     application, plans, or specifications or with the code or
28     conditions of the permit.
29         (4) The elevator contractor to whom the permit was
30     issued fails or refuses to comply with a "stop work" order.
31         (5) If the work authorized by a permit is not commenced
32     within 6 months after the date of issuance, or within a
33     shorter period of time as the Administrator or his or her
34     duly authorized representative in his or her discretion may
35     specify at the time the permit is issued.
36         (6) If the work is suspended or abandoned for a period

 

 

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1     of 60 days, or shorter period of time as the Administrator
2     or his or her duly authorized representative in his or her
3     discretion may specify at the time the permit is issued,
4     after the work has been started. For good cause, the
5     Administrator or his or her representative may allow an
6     extension of this period at his or her discretion.
7     (e) (Blank). This Section does not apply to conveyances
8 located in a municipality with a population over 500,000 that
9 provides for permits of such conveyances.
10 (Source: P.A. 92-873, eff. 6-1-03.)
 
11     (225 ILCS 312/95)
12     (Section scheduled to be repealed on January 1, 2013)
13     Sec. 95. New installations; annual inspections and
14 registrations.
15     (a) All new conveyance installations regulated by this Act
16 shall be performed by a person, firm, or company to which a
17 license to install or service conveyances has been issued.
18 Subsequent to installation, the licensed person, firm, or
19 company must certify compliance with the applicable Sections of
20 this Act. Prior to any conveyance being used, the property
21 owner or lessee must obtain a certificate of operation from the
22 Administrator, unless the property is located within a
23 municipality with a population greater than 500,000. A fee as
24 authorized by Section 35 of set forth in this Act shall be paid
25 for the certificate of operation. It shall be the
26 responsibility of the licensed elevator contractor to complete
27 and submit first time registration for new installations. The
28 certificate of operation fee for newly installed platform lifts
29 and stairway chair lifts for private residences shall be
30 subsequent to an inspection by a licensed third party
31 inspection firm.
32     (b) (Blank). The certificate of operation fee for all new
33 and existing platform and stairway chair lifts for private
34 residences and any renewal certificate fees shall be waived.
35 The Administrator or his or her designee shall inspect, in

 

 

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1 accordance with the requirements set forth in this Act, all
2 newly installed and existing platform lifts and stairway chair
3 lifts for private residences subsequent to an inspection by a
4 person, firm, or company to which a license to inspect
5 conveyances has been issued, unless the private residence is
6 located within a municipality with a population greater than
7 500,000.
8     (c) A certificate of operation referenced in subsections
9 (a) and (b) of this Section is renewable annually, except for
10 certificates issued for platform and stairway chairlifts for
11 private residences, which shall be valid for a period of 3
12 years. Certificates of operation must be clearly displayed on
13 or in each conveyance or in the machine room for use for the
14 benefit of code enforcement staff.
15 (Source: P.A. 92-873, eff. 6-1-03.)
 
16     (225 ILCS 312/105)
17     (Section scheduled to be repealed on January 1, 2013)
18     Sec. 105. Enforcement.
19     (a) It shall be the duty of the Elevator Safety Review
20 Board to develop an enforcement program to ensure compliance
21 with rules and requirements referenced in this Act. This shall
22 include, but shall not be limited to, rules for identification
23 of property locations that are subject to the rules and
24 requirements; issuing notifications to violating property
25 owners or operators, random on-site inspections, policies for
26 administrative penalties, and tests on existing installations;
27 witnessing periodic inspections and testing in order to ensure
28 satisfactory performance by licensed persons, firms, or
29 companies; and assisting in development of public awareness
30 programs.
31     (b) Any person may make a request for an investigation into
32 an alleged violation of this Act by giving notice to the
33 Administrator of such violation or danger. The notice shall be
34 in writing, shall set forth with reasonable particularity the
35 grounds for the notice, and shall be signed by the person

 

 

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1 making the request. Upon the request of any person signing the
2 notice, the person's name shall not appear on any copy of the
3 notice or any record published, released, or made available.
4     (c) If, upon receipt of such notification, the
5 Administrator determines that there are reasonable grounds to
6 believe that such violation or danger exists, the Administrator
7 shall cause to be made an investigation in accordance with the
8 provisions of this Act as soon as practicable to determine if
9 such violation or danger exists. If the Administrator
10 determines that there are no reasonable grounds to believe that
11 a violation or danger exists, he or she shall notify the party
12 in writing of such determination.
13     (d) (Blank). This Section does not apply within a
14 municipality with a population over 500,000.
15 (Source: P.A. 92-873, eff. 6-1-03.)
 
16     (225 ILCS 312/110)
17     (Section scheduled to be repealed on January 1, 2013)
18     Sec. 110. Liability.
19     (a) This Act shall not be construed to relieve or lessen
20 the responsibility or liability of any person, firm, or
21 corporation owning, operating, controlling, maintaining,
22 erecting, constructing, installing, altering, inspecting,
23 testing, or repairing any elevator or other related mechanisms
24 covered by this Act for damages to person or property caused by
25 any defect therein, nor does the State or any unit of local
26 government assume any such liability or responsibility
27 therefore or any liability to any person for whatever reason
28 whatsoever by the adoption of this Act or any acts or omissions
29 arising under this Act.
30     (b) Any owner or lessee who violates any of the provisions
31 of this Act shall be fined in an amount not to exceed $1,500
32 per violation, per day.
33     (c) Compliance with this Act is not a defense to a legal
34 proceeding.
35 (Source: P.A. 92-873, eff. 6-1-03.)
 

 

 

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1     (225 ILCS 312/120)
2     (Section scheduled to be repealed on January 1, 2013)
3     Sec. 120. Inspection and testing.
4     (a) It shall be the responsibility of the owner of all new
5 and existing conveyances located in any building or structure
6 to have the conveyance inspected, at intervals determined by
7 the Board, annually by a person, firm, or company to which a
8 license to inspect conveyances has been issued. Subsequent to
9 inspection, the licensed person, firm, or company must supply
10 the property owner or lessee and the Administrator with a
11 written inspection report describing any and all violations.
12 Property owners shall have 30 days from the date of the
13 published inspection report to be in full compliance by
14 correcting the violations. The Administrator shall determine
15 whether such violations have been corrected.
16     (b) (Blank). It shall be the responsibility of the owner of
17 all conveyances to have a firm or company licensed as described
18 in this Act to ensure that the required inspection and test are
19 performed at intervals in compliance with ASME A17.1, ASME
20 A18.1, and ASCE 21.
21     (c) All tests shall be performed by a licensed elevator
22 mechanic or licensed limited elevator mechanic who is licensed
23 to perform work on that particular type of conveyance.
24 (Source: P.A. 92-873, eff. 6-1-03.)
 
25     (225 ILCS 312/135)
26     (Section scheduled to be repealed on January 1, 2013)
27     Sec. 135. Elevators in private residences. The owner of a
28 conveyance located in his or her private residence may
29 register, pay the required fee, and have his or her existing
30 conveyance inspected. The Administrator may shall provide
31 notice to the owner of a the private residence information
32 regarding where the conveyance is located with relevant
33 information about conveyance safety requirements, including
34 the need to have the elevator periodically and timely inspected

 

 

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1 and made safe. Any inspection performed shall be done solely at
2 the request and with the consent of the private residence
3 owner. No penalty provision of this Act shall apply to private
4 residence owners.
5 (Source: P.A. 92-873, eff. 6-1-03.)
 
6     (225 ILCS 312/140)
7     (Section scheduled to be repealed on January 1, 2013)
8     Sec. 140. Local regulation; home rule.
9     (a) The Administrator may enter into contracts with
10 municipalities or counties under which the municipalities or
11 counties shall (i) issue construction permits and certificates
12 of operation, (ii) provide for inspection of elevators,
13 including temporary operation inspections, and (iii) enforce
14 the applicable provisions of the Act. The municipality or
15 county may choose to require inspections be performed by its
16 own inspectors or by private certified elevator inspectors. The
17 municipality or county may assess a reasonable fee for
18 inspections performed by its inspectors. Each contract shall
19 include a provision that the municipality or county shall
20 maintain for inspection by the Administrator copies of all
21 applications for permits issued, copies of each inspection
22 report issued, and proper records showing the number of
23 certificates of operation issued. Each contract shall also
24 include a provision that each required inspection be conducted
25 by a certified elevator inspector and any other provisions
26 deemed necessary by the Administrator. A municipality within
27 its corporate limits and a county within unincorporated areas
28 within its boundaries may inspect, license, or otherwise
29 regulate elevators and devices described in Section 10 of this
30 Act, but any Any safety standards or regulations adopted by a
31 municipality or county under this subsection must be at least
32 as stringent as those provided for in this Act and the rules
33 adopted under this Act. A municipality or county that inspects,
34 licenses, or otherwise regulates elevators and devices
35 described in Section 10 of this Act may impose reasonable fees

 

 

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1 to cover the cost of the inspection, licensure, or other
2 regulation.
3     (b) A Except as otherwise provided in subsection (c), a
4 home rule unit may not regulate the inspection or licensure of,
5 or otherwise regulate, elevators and devices described in
6 Section 10 of this Act in a manner less restrictive than the
7 regulation by the State of those matters under this Act. This
8 subsection is a limitation under subsection (i) of Section 6 of
9 Article VII of the Illinois Constitution on the concurrent
10 exercise by home rule units of powers and functions exercised
11 by the State.
12     (c) (Blank). This Act does not limit the home rule powers
13 of a municipality with a population over 500,000, and this Act
14 shall not apply within such a municipality if that application
15 would be inconsistent with an ordinance adopted under those
16 home rule powers.
17 (Source: P.A. 92-873, eff. 6-1-03.)
 
18     Section 99. Effective date. This Act takes effect upon
19 becoming law.