Full Text of HB1423 95th General Assembly
HB1423 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1423
Introduced 2/21/2007, by Rep. Thomas Holbrook SYNOPSIS AS INTRODUCED: |
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225 ILCS 312/10 |
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225 ILCS 312/25 |
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225 ILCS 312/45 |
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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.
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A BILL FOR
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HB1423 |
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LRB095 10695 RAS 30927 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Elevator Safety and Regulation Act is | 5 |
| amended by changing Sections 10, 25, and 45 as follows:
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| (225 ILCS 312/10)
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| (Section scheduled to be repealed on January 1, 2013)
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| Sec. 10. Applicability.
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| (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):
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| (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):
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| (A) Elevators.
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| (B) Platform lifts and stairway chair lifts.
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| (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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LRB095 10695 RAS 30927 b |
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| A17.3):
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| (A) Escalators.
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| (B) Moving walks.
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| (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):
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| (A) Dumbwaiters.
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| (B) Material lifts and dumbwaiters with automatic | 12 |
| transfer
devices.
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| (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
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| right-of-way. This equipment includes, but is not limited to, | 17 |
| automated people
movers (also see ASCE 21).
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| (c) This Act does not apply to the following equipment:
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| (1) Material hoists.
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| (2) Belt manlifts.
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| (3) Mobile scaffolds, towers, and platforms, except | 22 |
| those covered by ANSI
A10.4.
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| (4) Powered platforms and equipment for exterior and | 24 |
| interior
maintenance.
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| (5) Conveyors and related equipment.
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| (6) Cranes, derricks, hoists, hooks, jacks, and |
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LRB095 10695 RAS 30927 b |
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| slings.
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| (7) Industrial trucks.
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| (8) Portable equipment, except for portable | 4 |
| escalators.
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| (9) Tiering or piling machines used to move materials | 6 |
| to and from
storage located and operating entirely within | 7 |
| one story.
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| (10) Equipment for feeding or positioning materials at | 9 |
| machine tools,
printing presses, etc.
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| (11) Skip or furnace hoists.
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| (12) Wharf ramps.
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| (13) Railroad car lifts or dumpers.
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| (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.
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| (15) Railway and Transit Systems.
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| (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.
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| (Source: P.A. 94-698, eff. 11-22-05.)
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| (225 ILCS 312/25)
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| (Section scheduled to be repealed on January 1, 2013)
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| Sec. 25. Elevator Safety Review Board.
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| (a) There is hereby created within the Office of the State | 2 |
| Fire Marshal
the Elevator Safety Review Board, consisting of 14
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| 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
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| 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.
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| (b) The members constituting the Board shall be appointed | 22 |
| for initial terms
as follows:
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| (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.
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| (2) Of the members appointed by the Governor, 2 shall |
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| 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.
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| 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
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| 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
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| 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
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| chairperson. The chairperson shall be the deciding vote in the | 22 |
| event of a tie
vote.
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| (Source: P.A. 94-698, eff. 11-22-05.)
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| (225 ILCS 312/45)
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| (Section scheduled to be repealed on January 1, 2013)
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| Sec. 45. Qualifications for elevator mechanic's license; | 2 |
| emergency and temporary licensure.
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| (a) No license shall be granted to any person who has not | 4 |
| paid the required
application fee.
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| (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
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| demonstrate one of the
following qualifications:
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| (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;
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| (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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LRB095 10695 RAS 30927 b |
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| 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 ;
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| (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;
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| (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
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| State apprenticeship council; or
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| (5) a valid license from a state having standards | 20 |
| substantially equal to
those of this State.
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| (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
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| 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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| 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
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| 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
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| 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
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| 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
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| 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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LRB095 10695 RAS 30927 b |
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| 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.
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| (Source: P.A. 94-698, eff. 11-22-05.)
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| Section 99. Effective date. This Act takes effect upon | 14 |
| becoming law.
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