95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB0259

 

Introduced 2/7/2007, by Sen. M. Maggie Crotty

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 312/10
225 ILCS 312/25
225 ILCS 312/45

    Amends the Elevator Safety and Regulation Act. Removes certain references to the design of elevators and related apparatuses. Provides that an applicant for an elevator mechanic's license who makes application by demonstrating to the Office of the State Fire Marshal acceptable proof that he or she has worked as an elevator constructor, maintenance, or repair person for the equipment that a licensee of the Act is authorized to install must make application to the Office by December 31, 2007 (rather than May 1, 2006), but that all licenses issued under those terms between May 1, 2006 and the effective date of the amendatory Act are deemed valid. Adds one representative of the senior citizen population who is appointed by the Governor to the Elevator Safety Review Board. Effective immediately.


LRB095 10694 RAS 30926 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB0259 LRB095 10694 RAS 30926 b

1     AN ACT concerning regulation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Elevator Safety and Regulation Act is
5 amended by changing Sections 10, 25, and 45 as follows:
 
6     (225 ILCS 312/10)
7     (Section scheduled to be repealed on January 1, 2013)
8     Sec. 10. Applicability.
9     (a) This Act covers the design, construction, operation,
10 inspection, testing, maintenance, alteration, and repair of
11 the following equipment, its associated parts, and its
12 hoistways (except as modified by subsection (c) of this
13 Section):
14         (1) Hoisting and lowering mechanisms equipped with a
15     car or platform, which move between 2 or more landings.
16     This equipment includes, but is not limited to, the
17     following (also see ASME A17.1, ASME A17.3, ASME A18.1, and
18     ANSI A10.4):
19             (A) Elevators.
20             (B) Platform lifts and stairway chair lifts.
21         (2) Power driven stairways and walkways for carrying
22     persons between landings. This equipment includes, but is
23     not limited to, the following (also see ASME A17.1 and ASME

 

 

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1     A17.3):
2             (A) Escalators.
3             (B) Moving walks.
4         (3) Hoisting and lowering mechanisms equipped with a
5     car, which serves 2 or more landings and is restricted to
6     the carrying of material by its limited size or limited
7     access to the car. This equipment includes, but is not
8     limited to, the following (also see ASME A17.1 and ASME
9     A17.3):
10             (A) Dumbwaiters.
11             (B) Material lifts and dumbwaiters with automatic
12         transfer devices.
13     (b) This Act covers the design, construction, operation,
14 inspection, maintenance, alteration, and repair of automatic
15 guided transit vehicles on guideways with an exclusive
16 right-of-way. This equipment includes, but is not limited to,
17 automated people movers (also see ASCE 21).
18     (c) This Act does not apply to the following equipment:
19         (1) Material hoists.
20         (2) Belt manlifts.
21         (3) Mobile scaffolds, towers, and platforms, except
22     those covered by ANSI A10.4.
23         (4) Powered platforms and equipment for exterior and
24     interior maintenance.
25         (5) Conveyors and related equipment.
26         (6) Cranes, derricks, hoists, hooks, jacks, and

 

 

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1     slings.
2         (7) Industrial trucks.
3         (8) Portable equipment, except for portable
4     escalators.
5         (9) Tiering or piling machines used to move materials
6     to and from storage located and operating entirely within
7     one story.
8         (10) Equipment for feeding or positioning materials at
9     machine tools, printing presses, etc.
10         (11) Skip or furnace hoists.
11         (12) Wharf ramps.
12         (13) Railroad car lifts or dumpers.
13         (14) Line jacks, false cars, shafters, moving
14     platforms, and similar equipment used for installing an
15     elevator by a contractor licensed in this State.
16         (15) Railway and Transit Systems.
17         (16) Conveyances located in a private residence not
18     accessible to the public.
19         (17) Special purpose personnel elevators.
20     (d) This Act does not apply to a municipality with a
21 population over 500,000.
22 (Source: P.A. 94-698, eff. 11-22-05.)
 
23     (225 ILCS 312/25)
24     (Section scheduled to be repealed on January 1, 2013)
25     Sec. 25. Elevator Safety Review Board.

 

 

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1     (a) There is hereby created within the Office of the State
2 Fire Marshal the Elevator Safety Review Board, consisting of 14
3 13 members. The Administrator shall appoint 3 members who shall
4 be representatives of fire service communities. The Governor
5 shall appoint the remaining 11 10 members of the Board as
6 follows: one representative from a major elevator
7 manufacturing company or its authorized representative; one
8 representative from an elevator servicing company; one
9 representative of the architectural design profession; one
10 representative of the general public; one representative of an
11 advocacy group for people with physical disabilities; one
12 representative of the senior citizen population; one
13 representative of a municipality in this State with a
14 population under 25,000; one representative of a municipality
15 in this State with a population of 25,000 or over but under
16 50,000; one representative of a municipality in this State with
17 a population of 50,000 or over but under 500,000; one
18 representative of a building owner or manager; and one
19 representative of labor involved in the installation,
20 maintenance, and repair of elevators.
21     (b) The members constituting the Board shall be appointed
22 for initial terms as follows:
23         (1) Of the members appointed by the Administrator, 2
24     shall serve for a term of 2 years, and one for a term of 4
25     years.
26         (2) Of the members appointed by the Governor, 2 shall

 

 

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1     serve for a term of one year, 2 for terms of 2 years, 2 for
2     terms of 3 years, and 4 for terms of 4 years. The
3     representative of the senior citizen population shall
4     serve an initial term of 4 years.
5     At the expiration of their initial terms of office, the
6 members or their successors shall be appointed for terms of 4
7 years each. Upon the expiration of a member's term of office,
8 the officer who appointed that member shall reappoint that
9 member or appoint a successor who is a representative of the
10 same interests with which his or her predecessor was
11 identified. The Administrator and the Governor may at any time
12 remove any of their respective appointees for inefficiency or
13 neglect of duty in office. Upon the death or incapacity of a
14 member, the officer who appointed that member shall fill the
15 vacancy for the remainder of the vacated term by appointing a
16 member who is a representative of the same interests with which
17 his or her predecessor was identified. The members shall serve
18 without salary, but shall receive from the State expenses
19 necessarily incurred by them in performance of their duties.
20 The Governor shall appoint one of the members to serve as
21 chairperson. The chairperson shall be the deciding vote in the
22 event of a tie vote.
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)

 

 

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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, and service or repair, as
13     verified by current and previous employers licensed to do
14     business in this State; and (B) satisfactory completion of
15     a written examination administered by the Elevator Safety
16     Review Board or its designated provider on the adopted
17     rules, referenced codes, and standards for the equipment
18     the licensee is authorized to install;
19         (2) acceptable proof that he or she has worked as an
20     elevator constructor, maintenance, or repair person for
21     the equipment the licensee is authorized to install;
22     acceptable proof shall consist of documentation that he or
23     she worked without direct and immediate supervision for an
24     elevator contractor who has worked on elevators in this
25     State for a period of not less than 3 years immediately
26     preceding the effective date of the initial rules adopted

 

 

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1     by the Board under Section 35 of this Act that implement
2     this Act; the person must make application by December 31,
3     2007; however, all licenses issued under the provisions of
4     this item (2) between May 1, 2006 and the effective date of
5     this amendatory Act of the 95th General Assembly are deemed
6     valid;
7         (3) a certificate of successful completion of the
8     mechanic examination of a nationally recognized training
9     program for the elevator industry such as the National
10     Elevator Industry Educational Program or its equivalent
11     based on the codes applicable to the type of license
12     (elevator mechanic's license or limited elevator
13     mechanic's license) for which the individual is applying;
14         (4) a certificate of completion of an elevator mechanic
15     apprenticeship program with standards substantially equal
16     to those of this Act and registered with the Bureau of
17     Apprenticeship and Training, U.S. Department of Labor, or a
18     State apprenticeship council; or
19         (5) a valid license from a state having standards
20     substantially equal to those of this State.
21     (d) Whenever an emergency exists in the State due to
22 disaster or work stoppage and the number of persons in the
23 State holding licenses granted by the Board is insufficient to
24 cope with the emergency, the licensed elevator contractor shall
25 respond as necessary to ensure the safety of the public. Any
26 person certified by a licensed elevator contractor to have an

 

 

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1 acceptable combination of documented experience and education
2 to perform elevator work without direct and immediate
3 supervision shall seek an emergency elevator mechanic's
4 license from the Administrator within 5 business days after
5 commencing work requiring a license. The Administrator shall
6 issue emergency elevator mechanic's licenses. The applicant
7 shall furnish proof of competency as the Administrator may
8 require. Each license shall recite that it is valid for a
9 period of 30 days from the date thereof and for such particular
10 elevators or geographical areas as the Administrator may
11 designate and otherwise shall entitle the licensee to the
12 rights and privileges of an elevator mechanic's license issued
13 under this Act. The Administrator shall renew an emergency
14 elevator mechanic's license during the existence of an
15 emergency. No fee may be charged for any emergency elevator
16 mechanic's license or renewal thereof.
17     (e) A licensed elevator contractor shall notify the
18 Administrator when there are no licensed personnel available to
19 perform elevator work. The licensed elevator contractor may
20 request that the Administrator issue temporary elevator
21 mechanic's licenses to persons certified by the licensed
22 elevator contractor to have an acceptable combination of
23 documented experience and education to perform elevator work
24 without direct and immediate supervision. Any person certified
25 by a licensed elevator contractor to have an acceptable
26 combination of documented experience and education to perform

 

 

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1 elevator work without direct and immediate supervision shall
2 immediately seek a temporary elevator mechanic's license from
3 the Administrator and shall pay such fee as the Board shall
4 determine. The applicant for temporary licensure shall furnish
5 proof of competency as the Administrator may require and for
6 such particular elevators or geographical areas as the
7 Administrator may designate. Each license shall recite that it
8 is valid for a period of 30 days from the date of issuance and
9 while employed by the licensed elevator contractor that
10 certified the individual as qualified. It shall be renewable as
11 long as the shortage of license holders continues.
12 (Source: P.A. 94-698, eff. 11-22-05.)
 
13     Section 99. Effective date. This Act takes effect upon
14 becoming law.