Illinois General Assembly - Full Text of SB0331
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Full Text of SB0331  94th General Assembly

SB0331ham001 94TH GENERAL ASSEMBLY

Registration and Regulation Committee

Filed: 10/25/2005

 

 


 

 


 
09400SB0331ham001 LRB094 10152 RAS 49894 a

1
AMENDMENT TO SENATE BILL 331

2     AMENDMENT NO. ______. Amend Senate Bill 331 by replacing
3 everything after the enacting clause with the following:
 
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8     (Section scheduled to be repealed on January 1, 2013)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.

 

 

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1     This Act is not intended to interfere with the powers of
2 municipalities or the home rule powers of a municipality with a
3 population over 500,000, including the power to license and
4 regulate any profession or occupation.
5     The provisions of this Act are not intended to prevent the
6 use of systems, methods, or devices of equivalent or superior
7 quality, strength, fire resistance, code effectiveness,
8 durability, and safety to those required by the Act, provided
9 that there is technical documentation to demonstrate the
10 equivalency of the system, method, or device, as prescribed in
11 ASME A17.1, ASME A18.1, or ASCE 21.
12 (Source: P.A. 92-873, eff. 6-1-03.)
 
13     (225 ILCS 312/10)
14     (Section scheduled to be repealed on January 1, 2013)
15     Sec. 10. Applicability.
16     (a) This Act covers the design, construction, operation,
17 inspection, testing, maintenance, alteration, and repair of
18 the following equipment, its associated parts, and its
19 hoistways (except as modified by subsection (c) of this
20 Section):
21         (1) Hoisting and lowering mechanisms equipped with a
22     car or platform, which move between 2 or more landings.
23     This equipment includes, but is not limited to, the
24     following (also see ASME A17.1, ASME A17.3, ASME A18.1, and
25     ANSI A10.4):
26             (A) Elevators.
27             (B) Platform lifts and stairway chair lifts.
28         (2) Power driven stairways and walkways for carrying
29     persons between landings. This equipment includes, but is
30     not limited to, the following (also see ASME A17.1 and ASME
31     A17.3):
32             (A) Escalators.
33             (B) Moving walks.

 

 

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1         (3) Hoisting and lowering mechanisms equipped with a
2     car, which serves 2 or more landings and is restricted to
3     the carrying of material by its limited size or limited
4     access to the car. This equipment includes, but is not
5     limited to, the following (also see ASME A17.1 and ASME
6     A17.3):
7             (A) Dumbwaiters.
8             (B) Material lifts and dumbwaiters with automatic
9         transfer devices.
10     (b) This Act covers the design, construction, operation,
11 inspection, maintenance, alteration, and repair of automatic
12 guided transit vehicles on guideways with an exclusive
13 right-of-way. This equipment includes, but is not limited to,
14 automated people movers (also see ASCE 21).
15     (c) This Act does not apply to the following equipment:
16         (1) Material hoists.
17         (2) Belt manlifts.
18         (3) Mobile scaffolds, towers, and platforms, except
19     those covered by ANSI A10.4.
20         (4) Powered platforms and equipment for exterior and
21     interior maintenance.
22         (5) Conveyors and related equipment.
23         (6) Cranes, derricks, hoists, hooks, jacks, and
24     slings.
25         (7) Industrial trucks.
26         (8) Portable equipment, except for portable
27     escalators.
28         (9) Tiering or piling machines used to move materials
29     to and from storage located and operating entirely within
30     one story.
31         (10) Equipment for feeding or positioning materials at
32     machine tools, printing presses, etc.
33         (11) Skip or furnace hoists.
34         (12) Wharf ramps.

 

 

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1         (13) Railroad car lifts or dumpers.
2         (14) Line jacks, false cars, shafters, moving
3     platforms, and similar equipment used for installing an
4     elevator by a contractor licensed in this State.
5         (15) Railway and Transit Systems.
6         (16) Conveyances located in a private residence not
7     accessible to the public.
8         (17) Special purpose personnel elevators.
9     (d) This Act does not apply to a municipality with a
10 population over 500,000.
11 (Source: P.A. 92-873, eff. 6-1-03.)
 
12     (225 ILCS 312/15)
13     (Section scheduled to be repealed on January 1, 2013)
14     Sec. 15. Definitions. For the purpose of this Act:
15     "Administrator" means the Office of the State Fire Marshal.
16     "ANSI A10.4" means the safety requirements for personnel
17 hoists, an American National Standard.
18     "ASCE 21" means the American Society of Civil Engineers
19 Automated People Mover Standards.
20     "ASME A17.1" means the Safety Code for Elevators and
21 Escalators, an American National Standard.
22     "ASME A17.3" means the Safety Code for Existing Elevators
23 and Escalators, an American National Standard.
24     "ASME A18.1" means the Safety Standard for Platform Lifts
25 and Stairway Chairlifts, an American National Standard.
26     "Automated people mover" means an installation as defined
27 as an "automated people mover" in ASCE 21.
28     "Board" means the Elevator Safety Review Board.
29     "Certificate of operation" means a certificate issued by
30 the Administrator that indicates that the conveyance has passed
31 the required safety inspection and tests and fees have been
32 paid as set forth in this Act. The Administrator may issue a
33 temporary certificate of operation that permits the temporary

 

 

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1 use of a non-compliant conveyance by the general public for a
2 limited time of 30 days while minor repairs are being
3 completed.
4     "Conveyance" means any elevator, dumbwaiter, escalator,
5 moving sidewalk, platform lifts, stairway chairlifts and
6 automated people movers.
7     "Elevator" means an installation defined as an "elevator"
8 in ASME A17.1.
9     "Elevator contractor" means any person, firm, or
10 corporation who possesses an elevator contractor's license in
11 accordance with the provisions of Sections 40 and 55 of this
12 Act and who is engaged in the business of erecting,
13 constructing, installing, altering, servicing, repairing, or
14 maintaining elevators or related conveyance covered by this
15 Act.
16     "Elevator contractor's license" means a license issued to
17 an elevator contractor who has proven his or her qualifications
18 and ability and has been authorized by the Elevator Safety
19 Review Board to possess this type of license. It shall entitle
20 the holder thereof to engage in the business of erecting,
21 constructing, installing, altering, servicing, testing,
22 repairing, or maintaining elevators or related conveyance
23 covered by this Act. The Administrator may issue a limited
24 elevator contractor's license authorizing a firm or company
25 that employs individuals to carry on a business of erecting,
26 constructing, installing, altering, servicing, repairing, or
27 maintaining platform lifts and stairway chairlifts within any
28 building or structure, excluding including but not limited to
29 private residences.
30     "Elevator helper" means an individual registered with the
31 Administrator as an elevator helper. Elevator helpers must work
32 under the direct supervision of a licensed elevator mechanic.
33     "Elevator industry apprentice" means an individual who is
34 enrolled in an apprenticeship program approved by the Bureau of

 

 

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1 Apprenticeship and Training of the U.S. Department of Labor and
2 who is registered by the Administrator to perform work within
3 the elevator industry under the direct supervision of a
4 licensed elevator mechanic.
5     "Elevator inspector" means any person who possesses an
6 elevator inspector's license in accordance with the provisions
7 of this Act or any person who performs the duties and functions
8 of an elevator inspector for any unit of local government with
9 a population greater than 500,000 prior to or on the effective
10 date of this Act.
11     "Elevator mechanic" means any person who possesses an
12 elevator mechanic's license in accordance with the provisions
13 of Sections 40 and 45 of this Act and who is engaged in
14 erecting, constructing, installing, altering, servicing,
15 repairing, or maintaining elevators or related conveyance
16 covered by this Act.
17     "Elevator mechanic's license" means a license issued to a
18 person who has proven his or her qualifications and ability and
19 has been authorized by the Elevator Safety Review Board to work
20 on conveyance equipment. It shall entitle the holder thereof to
21 install, construct, alter, service, repair, test, maintain,
22 and perform electrical work on elevators or related conveyance
23 covered by this Act. The Administrator may issue a limited
24 elevator mechanic's license authorizing an individual to carry
25 on a business or erecting, constructing, installing, altering,
26 servicing, repairing, or maintaining platform lifts and
27 stairway chairlifts within any building or structure.
28     "Escalator" means an installation defined as an
29 "escalator" in ASME A17.1.
30     "Existing installation" means an installation defined as
31 an "installation, existing" in ASME A17.1.
32     "Inspector's license" means a license issued to a person
33 who has proven his or her qualifications and ability and has
34 been authorized by the Elevator Safety Review Board to possess

 

 

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1 this type of license. It shall entitle the holder thereof to
2 engage in the business of inspecting elevators or related
3 conveyance covered by this Act.
4     "License" means a written license, duly issued by the
5 Administrator, authorizing a person, firm, or company to carry
6 on the business of erecting, constructing, installing,
7 altering, servicing, repairing, maintaining, or performing
8 inspections of elevators or related conveyance covered by this
9 Act.
10     "Material alteration" means an "alteration" as defined by
11 the Board.
12     "Moving walk" means an installation as defined as a "moving
13 walk" in ASME A17.1.
14     "Private residence" means a separate dwelling or a separate
15 apartment or condominium unit in a multiple-family multiple
16 dwelling that is occupied by members of a single-family unit.
17     "Repair" has the meaning defined by the Board, which does
18 not require a permit.
19     "Special purpose personnel elevator" means an elevator
20 that is limited in size, capacity, and speed and that is
21 permanently installed in certain structures, including, but
22 not limited to, grain elevators, radio antenna, bridge towers,
23 underground facilities, dams, and power plants, to provide
24 vertical transportation of authorized personnel and their
25 tools and equipment only.
26     "Temporarily dormant" means an elevator, dumbwaiter, or
27 escalator:
28         (1) with a power supply that has been disconnected by
29     removing fuses and placing a padlock on the mainline
30     disconnect switch in the "off" position;
31         (2) with a car that is parked and hoistway doors that
32     are in the closed and latched position;
33         (3) with a wire seal on the mainline disconnect switch
34     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 one-year
8     period;
9         (7) requiring the inspector to file a report with the
10     Administrator chief elevator inspector describing the
11     current conditions; and
12         (8) with a wire seal and padlock that shall not be
13     removed for any purpose without permission from the
14     elevator inspector.
15 (Source: P.A. 92-873, eff. 6-1-03; revised 1-20-03.)
 
16     (225 ILCS 312/20)
17     (Section scheduled to be repealed on January 1, 2013)
18     Sec. 20. License or registration required.
19     (a) After July 1, 2003 through the effective date of this
20 amendatory Act of the 94th General Assembly and after July 1,
21 2006, no person shall erect, construct, wire, alter, replace,
22 maintain, remove, or dismantle any conveyance contained within
23 buildings or structures in the jurisdiction of this State
24 unless he or she possesses an elevator mechanic's license under
25 this Act and unless he or she works under the direct
26 supervision of a person, firm, or company having an elevator
27 contractor's license in accordance with Section 40 of this Act
28 or exempted by that Section. However, a licensed elevator
29 contractor is not required for removal or dismantling of
30 conveyances that are destroyed as a result of a complete
31 demolition of a secured building or structure or where the
32 hoistway or wellway is demolished back to the basic support
33 structure and where no access is permitted that would endanger

 

 

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1 the safety and welfare of a person.
2     (b) After July 1, 2003 through the effective date of this
3 amendatory Act of the 94th General Assembly and after July 1,
4 2006, no person shall inspect any conveyance within buildings
5 or structures, including, but not limited, to private
6 residences, unless he or she has an inspector's license.
7     (c) After January 1, 2006, a person who is not licensed
8 under subsection (a) may not work in the jurisdiction of this
9 State as an elevator industry apprentice or helper unless he or
10 she is registered as an elevator industry apprentice or helper
11 by the Administrator and works under the direct supervision of
12 an individual licensed under this Act as an elevator mechanic.
13 The Administrator shall set elevator industry apprenticeship
14 and helper qualifications and registration procedure by rule.
15 (Source: P.A. 92-873, eff. 6-1-03.)
 
16     (225 ILCS 312/25)
17     (Section scheduled to be repealed on January 1, 2013)
18     Sec. 25. Elevator Safety Review Board.
19     (a) There is hereby created within the Office of the State
20 Fire Marshal the Elevator Safety Review Board, consisting of 13
21 members. The Administrator shall appoint 3 members who shall be
22 representatives of a fire service communities. The Governor
23 shall appoint the remaining 10 members of the Board as follows:
24 one representative from a major elevator manufacturing company
25 or its authorized representative; one representative from an
26 elevator servicing company; one representative of the
27 architectural design profession; one representative of the
28 general public; one representative of an advocacy group for
29 people with physical disabilities a municipality in this State
30 with a population over 500,000; one representative of a
31 municipality in this State with a population under 25,000; one
32 representative of a municipality in this State with a
33 population of 25,000 or over but under 50,000; one

 

 

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1 representative of a municipality in this State with a
2 population of 50,000 or over but under 500,000; one
3 representative of a building owner or manager; and one
4 representative of labor involved in the installation,
5 maintenance, and repair of elevators.
6     (b) The members constituting the Board shall be appointed
7 for initial terms as follows:
8         (1) Of the members appointed by the Administrator, 2
9     shall serve for a term of 2 years, and one for a term of 4
10     years.
11         (2) Of the members appointed by the Governor, 2 shall
12     serve for a term of one year, 2 for terms of 2 years, 2 for
13     terms of 3 years, and 4 for terms of 4 years.
14     At the expiration of their initial terms of office, the
15 members or their successors shall be appointed for terms of 4
16 years each. Upon the expiration of a member's term of office,
17 the officer who appointed that member shall reappoint that
18 member or appoint a successor who is a representative of the
19 same interests with which his or her predecessor was
20 identified. The Administrator and the Governor may at any time
21 remove any of their respective appointees for inefficiency or
22 neglect of duty in office. Upon the death or incapacity of a
23 member, the officer who appointed that member shall fill the
24 vacancy for the remainder of the vacated term by appointing a
25 member who is a representative of the same interests with which
26 his or her predecessor was identified. The members shall serve
27 without salary, but shall receive from the State expenses
28 necessarily incurred by them in performance of their duties.
29 The Governor shall appoint one of the members to serve as
30 chairperson. The chairperson shall be the deciding vote in the
31 event of a tie vote.
32 (Source: P.A. 92-873, eff. 6-1-03; revised 1-20-03.)
 
33     (225 ILCS 312/35)

 

 

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1     (Section scheduled to be repealed on January 1, 2013)
2     Sec. 35. Powers and duties of the Board.
3     (a) The Board shall consult with engineering authorities
4 and organizations and adopt rules consistent with the
5 provisions of this Act for the administration and enforcement
6 of this Act. The Board may prescribe forms to be issued in
7 connection with the administration and enforcement of this Act.
8 The rules shall establish standards and criteria consistent
9 with this Act for licensing of elevator mechanics, inspectors,
10 and installers of elevators, including the provisions of the
11 Safety Code for Elevators and Escalators (ASME A17.1), the
12 Safety Code for Existing Elevators (ASME A17.3 A18.1), the
13 Standard for the Qualification of Elevator Inspectors (ASME
14 QEI-1), the Automated People Mover Standards (ASCE 21), the
15 Safety Requirements for Personnel Hoists and Employee
16 Elevators and the safety requirements for personnel hoists
17 (ANSI A10.4), and the Safety Standard for Platform Lifts and
18 Stairway Chairlifts (ASME A18.1).
19     (b) The Board shall have the authority to grant exceptions
20 and variances from the literal requirements of applicable State
21 codes, standards, and regulations in cases where such variances
22 would not jeopardize the public safety and welfare. The Board
23 shall have the authority to hear appeals, hold hearings, and
24 decide upon such within 30 days of the appeal.
25     (c) The Board shall establish fee schedules for licenses,
26 permits, certificates, and inspections. The fees shall be set
27 at an amount necessary to cover the actual costs and expenses
28 to operate the Board and to conduct the duties as described in
29 this Act.
30     (d) The Board shall be authorized to recommend the
31 amendments of applicable legislation, when appropriate, to
32 legislators.
33     (e) The Administrator may solicit the advice and expert
34 knowledge of the Board on any matter relating to the

 

 

09400SB0331ham001 - 12 - LRB094 10152 RAS 49894 a

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

 

 

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1     of process and official notices;
2         (5) the number of years the applicant has engaged in
3     the business of installing, inspecting, maintaining, or
4     servicing elevators or platform lifts or both;
5         (6) if applying for an elevator contractor's license,
6     the approximate number of persons, if any, to be employed
7     by the elevator contractor applicant and, if applicable,
8     satisfactory evidence that the employees are or will be
9     covered by workers' compensation insurance;
10         (7) satisfactory evidence that the applicant is or will
11     be covered by general liability, personal injury, and
12     property damage insurance;
13         (8) any criminal record of convictions; and
14         (9) any other information as the Administrator may
15     require.
16     (c) (Blank). This Section does not apply to a person, firm,
17 or company located in a municipality with a population over
18 500,000 that provides for the licensure of contractors for work
19 performed within the corporate boundaries of a municipality
20 with a population over 500,000.
21 (Source: P.A. 92-873, eff. 6-1-03.)
 
22     (225 ILCS 312/45)
23     (Section scheduled to be repealed on January 1, 2013)
24     Sec. 45. Qualifications for elevator mechanic's license;
25 emergency and temporary licensure.
26     (a) No license shall be granted to any person who has not
27 paid the required application fee.
28     (b) No license shall be granted to any person who has not
29 proven his or her qualifications and abilities.
30     (c) Applicants for an elevator mechanic's license must
31 demonstrate one of the following qualifications:
32         (1) an acceptable combination of documented experience
33     and education credits consisting of: (A) not less than 3

 

 

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

 

 

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

 

 

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1 applicant must demonstrate one of the following
2 qualifications:
3         (1) five years work experience in the elevator industry
4     in construction, maintenance, and service or repair, as
5     verified by such documentation as the Board may require by
6     rule; current and previous elevator contractor's licenses
7     to do business, or
8         (1.5) satisfactory completion of a written examination
9     administered by the Elevator Safety Review Board or its
10     designated provider on the most recent referenced codes and
11     standards; or
12         (2) proof that the individual or firm holds a valid
13     license from a state having standards substantially equal
14     to those of this State.
15     (c) (Blank). This Section does not apply to a person or
16 firm engaged in business as an elevator contractor in a
17 municipality with a population over 500,000 that provides for
18 the licensure of elevator contractors for work performed within
19 the corporate boundaries of a municipality with a population
20 over 500,000.
21 (Source: P.A. 92-873, eff. 6-1-03.)
 
22     (225 ILCS 312/60)
23     (Section scheduled to be repealed on January 1, 2013)
24     Sec. 60. Issuance and renewal of licenses; fees.
25     (a) Upon approval of an application, the Administrator may
26 issue a license that must be renewed every 2 years biannually.
27 The renewal fee for the license shall be set by the Board.
28     (b) (Blank). Whenever an emergency exists in the State due
29 to disaster or work stoppage and the number of persons in the
30 State holding licenses granted by the Board is insufficient to
31 cope with the emergency, the licensed elevator contractor shall
32 respond as necessary to assure the safety of the public. Any
33 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 a 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 shall be charged for any emergency elevator
16 mechanic's license or renewal thereof.
17     (c) (Blank). A licensed elevator contractor shall notify
18 the Administrator when there are no licensed personnel
19 available to perform elevator work. The licensed elevator
20 contractor may request that the Administrator issue temporary
21 elevator mechanic's licenses to persons certified by the
22 licensed elevator contractor to have an acceptable combination
23 of 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
27 elevator work without direct and immediate supervision shall
28 immediately seek a temporary elevator mechanic's license from
29 the Administrator and shall pay such fee as the Board shall
30 determine. Each license shall recite that it is valid for a
31 period of 30 days from the date of issuance and while employed
32 by the licensed elevator contractor that certified the
33 individual as qualified. It shall be renewable as long as the
34 shortage of license holders shall continue.

 

 

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

 

 

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1 format approved by the Board. These records shall be available
2 for inspection by the Board at its request. Approved training
3 providers shall be responsible for the security of all
4 attendance records and certificates of completion, provided
5 that falsifying or knowingly allowing another to falsify
6 attendance records or certificates of completion shall
7 constitute grounds for suspension or revocation of the approval
8 required under this Section.
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 initial rules that implement this Act appointment of the
16 Board, the owner or lessee of every existing conveyance shall
17 register with the Administrator each elevator, dumbwaiter,
18 platform lift, escalator, or other device described in Section
19 10 of this Act and provide the type, rated load and speed, name
20 of manufacturer, its location, the purpose for which it is
21 used, 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
26 service.
27 (Source: P.A. 92-873, eff. 6-1-03.)
 
28     (225 ILCS 312/90)
29     (Section scheduled to be repealed on January 1, 2013)
30     Sec. 90. Permits.
31     (a) No conveyance covered by this Act shall be erected,
32 constructed, installed, or altered within buildings or

 

 

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1 structures within this State unless a permit has been obtained
2 from the Administrator or a municipality or other unit of local
3 government. If the permit is obtained from a municipality or
4 other unit of local government, the municipality or other unit
5 of local government that issued the permit shall keep the
6 permit on file for a period of not less than one year from the
7 date of issuance and send a copy to the Administrator for
8 inspection. Where any material alteration is made, the device
9 shall conform to applicable requirements in ASME A17.1, ASME
10 A18.1, ASCE 21, or ANSI A10.4. No permit required under this
11 Section shall be issued except to a person, firm, or
12 corporation holding a current elevator contractor's license,
13 duly issued pursuant to this Act. A copy of the permit shall be
14 kept at the construction site at all times while the work is in
15 progress.
16     (b) The permit fee shall be as set by the Board. Permit
17 fees collected are non-refundable.
18     (c) Each application for a permit shall be accompanied by
19 applicable fees and by copies of specifications and accurately
20 scaled and fully dimensioned plans showing the location of the
21 installation in relation to the plans and elevation of the
22 building, the location of the machinery room and the equipment
23 to be installed, relocated, or altered, and all structural
24 supporting members, including foundations. The applicant shall
25 also specify all materials to be employed and all loads to be
26 supported or conveyed. These plans and specifications shall be
27 sufficiently complete to illustrate all details of
28 construction and design.
29     (d) Permits may be revoked for the following reasons:
30         (1) Any false statements or misrepresentation as to the
31     material facts in the application, plans, or
32     specifications on which the permit was based.
33         (2) The permit was issued in error and should not have
34     been issued in accordance with the code.

 

 

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1         (3) The work detailed under the permit is not being
2     performed in accordance with the provisions of the
3     application, plans, or specifications or with the code or
4     conditions of the permit.
5         (4) The elevator contractor to whom the permit was
6     issued fails or refuses to comply with a "stop work" order.
7         (5) If the work authorized by a permit is not commenced
8     within 6 months after the date of issuance, or within a
9     shorter period of time as the Administrator or his or her
10     duly authorized representative in his or her discretion may
11     specify at the time the permit is issued.
12         (6) If the work is suspended or abandoned for a period
13     of 60 days, or shorter period of time as the Administrator
14     or his or her duly authorized representative in his or her
15     discretion may specify at the time the permit is issued,
16     after the work has been started. For good cause, the
17     Administrator or his or her representative may allow an
18     extension of this period at his or her discretion.
19     (e) (Blank). This Section does not apply to conveyances
20 located in a municipality with a population over 500,000 that
21 provides for permits of such conveyances.
22 (Source: P.A. 92-873, eff. 6-1-03.)
 
23     (225 ILCS 312/95)
24     (Section scheduled to be repealed on January 1, 2013)
25     Sec. 95. New installations; annual inspections and
26 registrations.
27     (a) All new conveyance installations regulated by this Act
28 shall be performed by a person, firm, or company to which a
29 license to install or service conveyances has been issued.
30 Subsequent to installation, the licensed person, firm, or
31 company must certify compliance with the applicable Sections of
32 this Act. Prior to any conveyance being used, the property
33 owner or lessee must obtain a certificate of operation from the

 

 

09400SB0331ham001 - 23 - LRB094 10152 RAS 49894 a

1 Administrator, unless the property is located within a
2 municipality with a population greater than 500,000. A fee as
3 authorized by Section 35 of set forth in this Act shall be paid
4 for the certificate of operation. It shall be the
5 responsibility of the licensed elevator contractor to complete
6 and submit first time registration for new installations. The
7 certificate of operation fee for newly installed platform lifts
8 and stairway chair lifts for private residences shall be
9 subsequent to an inspection by a licensed third party
10 inspection firm.
11     (b) (Blank). The certificate of operation fee for all new
12 and existing platform and stairway chair lifts for private
13 residences and any renewal certificate fees shall be waived.
14 The Administrator or his or her designee shall inspect, in
15 accordance with the requirements set forth in this Act, all
16 newly installed and existing platform lifts and stairway chair
17 lifts for private residences subsequent to an inspection by a
18 person, firm, or company to which a license to inspect
19 conveyances has been issued, unless the private residence is
20 located within a municipality with a population greater than
21 500,000.
22     (c) A certificate of operation referenced in subsections
23 (a) and (b) of this Section is renewable annually, except for
24 certificates issued for platform and stairway chairlifts for
25 private residences, which shall be valid for a period of 3
26 years. Certificates of operation must be clearly displayed on
27 or in each conveyance or in the machine room for use for the
28 benefit of code enforcement staff.
29 (Source: P.A. 92-873, eff. 6-1-03.)
 
30     (225 ILCS 312/105)
31     (Section scheduled to be repealed on January 1, 2013)
32     Sec. 105. Enforcement.
33     (a) It shall be the duty of the Elevator Safety Review

 

 

09400SB0331ham001 - 24 - LRB094 10152 RAS 49894 a

1 Board to develop an enforcement program to ensure compliance
2 with rules and requirements referenced in this Act. This shall
3 include, but shall not be limited to, rules for identification
4 of property locations that are subject to the rules and
5 requirements; issuing notifications to violating property
6 owners or operators, random on-site inspections, policies for
7 administrative penalties, and tests on existing installations;
8 witnessing periodic inspections and testing in order to ensure
9 satisfactory performance by licensed persons, firms, or
10 companies; and assisting in development of public awareness
11 programs.
12     (b) Any person may make a request for an investigation into
13 an alleged violation of this Act by giving notice to the
14 Administrator of such violation or danger. The notice shall be
15 in writing, shall set forth with reasonable particularity the
16 grounds for the notice, and shall be signed by the person
17 making the request. Upon the request of any person signing the
18 notice, the person's name shall not appear on any copy of the
19 notice or any record published, released, or made available.
20     (c) If, upon receipt of such notification, the
21 Administrator determines that there are reasonable grounds to
22 believe that such violation or danger exists, the Administrator
23 shall cause to be made an investigation in accordance with the
24 provisions of this Act as soon as practicable to determine if
25 such violation or danger exists. If the Administrator
26 determines that there are no reasonable grounds to believe that
27 a violation or danger exists, he or she shall notify the party
28 in writing of such determination.
29     (d) (Blank). This Section does not apply within a
30 municipality with a population over 500,000.
31 (Source: P.A. 92-873, eff. 6-1-03.)
 
32     (225 ILCS 312/110)
33     (Section scheduled to be repealed on January 1, 2013)

 

 

09400SB0331ham001 - 25 - LRB094 10152 RAS 49894 a

1     Sec. 110. Liability.
2     (a) This Act shall not be construed to relieve or lessen
3 the responsibility or liability of any person, firm, or
4 corporation owning, operating, controlling, maintaining,
5 erecting, constructing, installing, altering, inspecting,
6 testing, or repairing any elevator or other related mechanisms
7 covered by this Act for damages to person or property caused by
8 any defect therein, nor does the State or any unit of local
9 government assume any such liability or responsibility
10 therefore or any liability to any person for whatever reason
11 whatsoever by the adoption of this Act or any acts or omissions
12 arising under this Act.
13     (b) Any owner or lessee who violates any of the provisions
14 of this Act shall be fined in an amount not to exceed $1,500
15 per violation, per day.
16     (c) Compliance with this Act is not a defense to a legal
17 proceeding.
18 (Source: P.A. 92-873, eff. 6-1-03.)
 
19     (225 ILCS 312/120)
20     (Section scheduled to be repealed on January 1, 2013)
21     Sec. 120. Inspection and testing.
22     (a) It shall be the responsibility of the owner of all new
23 and existing conveyances located in any building or structure
24 to have the conveyance inspected, at intervals determined by
25 the Board, annually by a person, firm, or company to which a
26 license to inspect conveyances has been issued. Subsequent to
27 inspection, the licensed person, firm, or company must supply
28 the property owner or lessee and the Administrator with a
29 written inspection report describing any and all violations.
30 Property owners shall have 30 days from the date of the
31 published inspection report to be in full compliance by
32 correcting the violations. The Administrator shall determine
33 whether such violations have been corrected.

 

 

09400SB0331ham001 - 26 - LRB094 10152 RAS 49894 a

1     (b) (Blank). It shall be the responsibility of the owner of
2 all conveyances to have a firm or company licensed as described
3 in this Act to ensure that the required inspection and test are
4 performed at intervals in compliance with ASME A17.1, ASME
5 A18.1, and ASCE 21.
6     (c) All tests shall be performed by a licensed elevator
7 mechanic or licensed limited elevator mechanic who is licensed
8 to perform work on that particular type of conveyance.
9 (Source: P.A. 92-873, eff. 6-1-03.)
 
10     (225 ILCS 312/135)
11     (Section scheduled to be repealed on January 1, 2013)
12     Sec. 135. Elevators in private residences. The owner of a
13 conveyance located in his or her private residence may
14 register, pay the required fee, and have his or her existing
15 conveyance inspected. The Administrator may shall provide
16 notice to the owner of a the private residence information
17 regarding where the conveyance is located with relevant
18 information about conveyance safety requirements, including
19 the need to have the elevator periodically and timely inspected
20 and made safe. Any inspection performed shall be done solely at
21 the request and with the consent of the private residence
22 owner. No penalty provision of this Act shall apply to private
23 residence owners.
24 (Source: P.A. 92-873, eff. 6-1-03.)
 
25     (225 ILCS 312/140)
26     (Section scheduled to be repealed on January 1, 2013)
27     Sec. 140. Local regulation; home rule.
28     (a) The Administrator may enter into contracts with
29 municipalities or counties under which the municipalities or
30 counties shall (i) issue construction permits and certificates
31 of operation, (ii) provide for inspection of elevators,
32 including temporary operation inspections, and (iii) enforce

 

 

09400SB0331ham001 - 27 - LRB094 10152 RAS 49894 a

1 the applicable provisions of the Act. The municipality or
2 county may choose to require inspections be performed by its
3 own inspectors or by private certified elevator inspectors. The
4 municipality or county may assess a reasonable fee for
5 inspections performed by its inspectors. Each contract shall
6 include a provision that the municipality or county shall
7 maintain for inspection by the Administrator copies of all
8 applications for permits issued, copies of each inspection
9 report issued, and proper records showing the number of
10 certificates of operation issued. Each contract shall also
11 include a provision that each required inspection be conducted
12 by a certified elevator inspector and any other provisions
13 deemed necessary by the Administrator. A municipality within
14 its corporate limits and a county within unincorporated areas
15 within its boundaries may inspect, license, or otherwise
16 regulate elevators and devices described in Section 10 of this
17 Act, but any Any safety standards or regulations adopted by a
18 municipality or county under this subsection must be at least
19 as stringent as those provided for in this Act and the rules
20 adopted under this Act. A municipality or county that inspects,
21 licenses, or otherwise regulates elevators and devices
22 described in Section 10 of this Act may impose reasonable fees
23 to cover the cost of the inspection, licensure, or other
24 regulation.
25     (b) A Except as otherwise provided in subsection (c), a
26 home rule unit may not regulate the inspection or licensure of,
27 or otherwise regulate, elevators and devices described in
28 Section 10 of this Act in a manner less restrictive than the
29 regulation by the State of those matters under this Act. This
30 subsection is a limitation under subsection (i) of Section 6 of
31 Article VII of the Illinois Constitution on the concurrent
32 exercise by home rule units of powers and functions exercised
33 by the State.
34     (c) (Blank). This Act does not limit the home rule powers

 

 

09400SB0331ham001 - 28 - LRB094 10152 RAS 49894 a

1 of a municipality with a population over 500,000, and this Act
2 shall not apply within such a municipality if that application
3 would be inconsistent with an ordinance adopted under those
4 home rule powers.
5 (Source: P.A. 92-873, eff. 6-1-03.)
 
6     Section 99. Effective date. This Act takes effect upon
7 becoming law.".