Full Text of HB1423 95th General Assembly
HB1423sam001 95TH GENERAL ASSEMBLY
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Sen. M. Maggie Crotty
Filed: 4/18/2007
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09500HB1423sam001 |
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LRB095 10695 RAS 35084 a |
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| AMENDMENT TO HOUSE BILL 1423
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| AMENDMENT NO. ______. Amend House Bill 1423 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 10, 20, 25, 40, 45, 80, 90, and | 6 |
| 120 as follows:
| 7 |
| (225 ILCS 312/10)
| 8 |
| (Section scheduled to be repealed on January 1, 2013)
| 9 |
| Sec. 10. Applicability.
| 10 |
| (a) This Act covers the design, construction, operation, | 11 |
| inspection,
testing,
maintenance, alteration, and repair of | 12 |
| the following equipment, its associated
parts, and
its | 13 |
| hoistways (except as modified by subsection (c) of this | 14 |
| Section):
| 15 |
| (1) Hoisting and lowering mechanisms equipped with a | 16 |
| car or platform,
which move between 2 or more landings. |
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| This equipment includes, but is not
limited
to, the | 2 |
| following (also see ASME A17.1, ASME A17.3, ASME A18.1, and | 3 |
| ANSI
A10.4):
| 4 |
| (A) Elevators.
| 5 |
| (B) Platform lifts and stairway chair lifts.
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| (2) Power driven stairways and walkways for carrying | 7 |
| persons between
landings. This equipment includes, but is | 8 |
| not limited to, the following (also
see ASME A17.1 and ASME | 9 |
| A17.3):
| 10 |
| (A) Escalators.
| 11 |
| (B) Moving walks.
| 12 |
| (3) Hoisting and lowering mechanisms equipped with a | 13 |
| car, which serves
2 or more landings and is restricted to | 14 |
| the carrying of material by its
limited
size or limited | 15 |
| access to the car. This equipment includes, but is not | 16 |
| limited
to, the
following (also see ASME A17.1 and ASME | 17 |
| A17.3):
| 18 |
| (A) Dumbwaiters.
| 19 |
| (B) Material lifts and dumbwaiters with automatic | 20 |
| transfer
devices.
| 21 |
| (b) This Act covers the design, construction, operation, | 22 |
| inspection,
maintenance,
alteration, and repair of automatic | 23 |
| guided transit vehicles on guideways with
an
exclusive
| 24 |
| right-of-way. This equipment includes, but is not limited to, | 25 |
| automated people
movers (also see ASCE 21).
| 26 |
| (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 | 4 |
| those covered by ANSI
A10.4.
| 5 |
| (4) Powered platforms and equipment for exterior and | 6 |
| interior
maintenance.
| 7 |
| (5) Conveyors and related equipment.
| 8 |
| (6) Cranes, derricks, hoists, hooks, jacks, and | 9 |
| slings.
| 10 |
| (7) Industrial trucks.
| 11 |
| (8) Portable equipment, except for portable | 12 |
| escalators.
| 13 |
| (9) Tiering or piling machines used to move materials | 14 |
| to and from
storage located and operating entirely within | 15 |
| one story.
| 16 |
| (10) Equipment for feeding or positioning materials at | 17 |
| machine tools,
printing presses, etc.
| 18 |
| (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 | 22 |
| platforms, and similar
equipment used for installing an | 23 |
| 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 | 26 |
| accessible to the public. |
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| (17) Special purpose personnel elevators. | 2 |
| (d) This Act does not apply to a municipality with a | 3 |
| population over 500,000.
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| (Source: P.A. 94-698, eff. 11-22-05.)
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| (225 ILCS 312/20)
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| (Section scheduled to be repealed on January 1, 2013)
| 7 |
| Sec. 20. License or registration required.
| 8 |
| (a) After July 1, 2003 through the effective date of this | 9 |
| amendatory Act of the 94th General Assembly and after July 1, | 10 |
| 2006, no person shall erect, construct, wire, alter,
replace,
| 11 |
| maintain, remove, or dismantle any conveyance contained within | 12 |
| buildings or
structures
in the jurisdiction of this State | 13 |
| unless he or she possesses an elevator
mechanic's license
under | 14 |
| this Act and unless he or she works under the direct | 15 |
| supervision of a
person,
firm, or
company having an elevator | 16 |
| contractor's license in accordance with Section 40
of this Act | 17 |
| or exempted by that Section .
A licensed or limited licensed | 18 |
| elevator mechanic employed by an entity exempted from | 19 |
| contractor licensure under subsection (a) of Section 40 of this | 20 |
| Act is exempt, with respect to work performed for that | 21 |
| employer, from the requirement that he or she work under the | 22 |
| direct supervision of an elevator contractor licensee. A
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| However, a licensed elevator contractor is not required for | 24 |
| removal or
dismantling of conveyances that are destroyed as a | 25 |
| result of a complete
demolition of a secured building or |
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| structure or where the hoistway or wellway
is demolished back | 2 |
| to the basic support structure and where no access is
permitted | 3 |
| that would endanger the safety and welfare of a person.
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| (b) After July 1, 2003 through the effective date of this | 5 |
| amendatory Act of the 94th General Assembly and after July 1, | 6 |
| 2006, no person shall inspect any conveyance within
buildings
| 7 |
| or structures, including, but not limited, to private | 8 |
| residences, unless he or
she has an
inspector's license.
| 9 |
| (c) After January 1, 2006, a person who is not licensed | 10 |
| under subsection (a) may not work in the jurisdiction of this | 11 |
| State as an elevator industry apprentice or helper unless he or | 12 |
| she is registered as an elevator industry apprentice or helper | 13 |
| by the Administrator and works under the direct supervision of | 14 |
| an individual licensed under this Act as an elevator mechanic. | 15 |
| The Administrator shall set elevator industry apprenticeship | 16 |
| and helper qualifications and registration procedure by rule.
| 17 |
| (Source: P.A. 94-698, eff. 11-22-05.)
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| (225 ILCS 312/25)
| 19 |
| (Section scheduled to be repealed on January 1, 2013)
| 20 |
| Sec. 25. Elevator Safety Review Board.
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| (a) There is hereby created within the Office of the State | 22 |
| Fire Marshal
the Elevator Safety Review Board, consisting of 14
| 23 |
| 13 members. The Administrator
shall appoint 3 members who shall | 24 |
| be representatives
of fire
service communities. The Governor | 25 |
| shall appoint the remaining 11
10 members of
the Board as |
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| follows: one representative from a major elevator | 2 |
| manufacturing
company or its authorized representative; one | 3 |
| representative from an elevator
servicing company; one | 4 |
| representative of the architectural design
profession; one | 5 |
| representative of the general public; one representative of an | 6 |
| advocacy group for people with physical disabilities; one | 7 |
| representative of the senior citizen population; one | 8 |
| representative
of a municipality in this State with a | 9 |
| population under 25,000; one
representative of a municipality | 10 |
| in this State with a population of 25,000 or
over but under | 11 |
| 50,000; one representative of a municipality in this State with
| 12 |
| a population of 50,000 or over but under 500,000; one | 13 |
| representative of a
building owner or manager; and one | 14 |
| representative of labor involved in the
installation, | 15 |
| maintenance, and repair of elevators.
| 16 |
| (b) The members constituting the Board shall be appointed | 17 |
| for initial terms
as follows:
| 18 |
| (1) Of the members appointed by the Administrator, 2 | 19 |
| shall serve
for a term of 2 years, and one for a term of 4 | 20 |
| years.
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| (2) Of the members appointed by the Governor, 2 shall | 22 |
| serve for a term
of one year, 2 for terms of 2 years, 2 for | 23 |
| terms of 3 years, and 4 for terms of
4 years. The | 24 |
| representative of the senior citizen population shall | 25 |
| serve an initial term of 4 years.
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| At the expiration of their initial terms of office, the |
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| members or their
successors shall be appointed for terms of 4 | 2 |
| years each. Upon the expiration
of a member's term of office, | 3 |
| the officer who appointed
that member shall reappoint that | 4 |
| member or appoint a successor who is a
representative of the | 5 |
| same interests with which his or her predecessor was
| 6 |
| identified. The Administrator and the Governor may at any time | 7 |
| remove any
of their respective appointees for inefficiency or | 8 |
| neglect of duty in office.
Upon the death or incapacity of a | 9 |
| member, the officer who appointed that member
shall fill the | 10 |
| vacancy for the remainder of the vacated term by appointing a
| 11 |
| member who is a representative of the same interests with which | 12 |
| his or her
predecessor was identified. The members shall serve | 13 |
| without salary, but shall
receive from the State expenses | 14 |
| necessarily incurred by them in performance
of their duties. | 15 |
| The Governor shall appoint one of the members to serve as
| 16 |
| chairperson. The chairperson shall be the deciding vote in the | 17 |
| event of a tie
vote.
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| (Source: P.A. 94-698, eff. 11-22-05.)
| 19 |
| (225 ILCS 312/40)
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| (Section scheduled to be repealed on January 1, 2013)
| 21 |
| Sec. 40. Application for contractor's license.
| 22 |
| (a) Any person, firm, or company wishing to engage in the | 23 |
| business of
installing,
altering, repairing, servicing, | 24 |
| replacing, or maintaining elevators,
dumbwaiters,
escalators, | 25 |
| or
moving walks within this State shall make application for a |
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| license with the
Administrator. However, if the State, a unit | 2 |
| of local government, or an institution of higher education | 3 |
| maintains in its employ licensed or limited licensed elevator | 4 |
| mechanics who maintain only conveyances owned or leased by that | 5 |
| entity, the employing entity is not required to be licensed as | 6 |
| a contractor under this Section and none of the provisions of | 7 |
| this Act concerning licensed contractors shall apply to these | 8 |
| entities.
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| (b) All applications shall contain the following | 10 |
| information:
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| (1) if the applicant is a person, the name, residence, | 12 |
| and business address
of the applicant;
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| (2) if the applicant is a partnership, the name, | 14 |
| residence, and business
address of each partner;
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| (3) if the applicant is a domestic corporation, the | 16 |
| name and business
address of the corporation and the name | 17 |
| and residence address of the principal
officer of the | 18 |
| corporation;
| 19 |
| (4) if the applicant is a corporation other than a | 20 |
| domestic corporation,
the
name and address of an agent | 21 |
| locally located who shall be authorized to accept
service | 22 |
| of process and official notices;
| 23 |
| (5) the number of years the applicant has engaged in | 24 |
| the business of
installing, inspecting, maintaining, or | 25 |
| servicing elevators or platform
lifts or both;
| 26 |
| (6) if applying for an elevator contractor's license, |
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| the approximate
number of persons, if any, to be employed | 2 |
| by the elevator contractor applicant
and, if applicable, | 3 |
| satisfactory evidence that the employees are or will be
| 4 |
| covered
by workers' compensation insurance;
| 5 |
| (7) satisfactory evidence that the applicant is or will | 6 |
| be covered by
general
liability, personal injury, and | 7 |
| property damage insurance;
| 8 |
| (8) any criminal record of convictions; and
| 9 |
| (9) any other information as the Administrator may | 10 |
| require.
| 11 |
| (c) (Blank).
| 12 |
| (Source: P.A. 94-698, eff. 11-22-05.)
| 13 |
| (225 ILCS 312/45)
| 14 |
| (Section scheduled to be repealed on January 1, 2013)
| 15 |
| Sec. 45. Qualifications for elevator mechanic's license; | 16 |
| emergency and temporary licensure.
| 17 |
| (a) No license shall be granted to any person who has not | 18 |
| paid the required
application fee.
| 19 |
| (b) No license shall be granted to any person who has not | 20 |
| proven his or her
qualifications and abilities. | 21 |
| (c) Applicants for an elevator mechanic's license
must
| 22 |
| demonstrate one of the
following qualifications:
| 23 |
| (1) an acceptable combination of documented experience | 24 |
| and education
credits consisting of: (A) not less than 3 | 25 |
| years work experience in the
elevator
industry, in |
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| construction, maintenance, and service or repair, as | 2 |
| verified by
current and previous employers licensed to do | 3 |
| business in this State or in another state if the Board | 4 |
| deems that out-of-State experience equivalent ; and (B)
| 5 |
| satisfactory completion of a written examination | 6 |
| administered by the Elevator
Safety Review Board or its | 7 |
| designated provider on the adopted rules, referenced | 8 |
| codes, and standards for the equipment the licensee is | 9 |
| authorized to install;
| 10 |
| (2) acceptable proof that he or she has worked as an | 11 |
| elevator constructor,
maintenance, or repair person for | 12 |
| the equipment the licensee is authorized to install; | 13 |
| acceptable proof shall consist of documentation
that he or | 14 |
| she worked without direct and immediate supervision for an | 15 |
| elevator
contractor who has worked on elevators in this | 16 |
| State for a period of not less
than
3
years immediately | 17 |
| preceding the effective date of the final
initial rules | 18 |
| adopted by the Board under Section 35 of this Act that | 19 |
| implement this Act; the person must make
application by | 20 |
| December 31, 2007; however, all licenses issued under the | 21 |
| provisions of this item (2) between
May 1, 2006 and the | 22 |
| effective date of this amendatory Act of the 95th General | 23 |
| Assembly are deemed valid ;
| 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 |
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| Elevator Industry Educational Program or its equivalent | 2 |
| based on the codes applicable to the type of license | 3 |
| (elevator mechanic's license or limited elevator | 4 |
| mechanic's license) for which the individual is applying;
| 5 |
| (4) a certificate of completion of an elevator mechanic | 6 |
| apprenticeship
program with standards substantially equal | 7 |
| to those of this Act and
registered
with the Bureau of | 8 |
| Apprenticeship and Training, U.S. Department of Labor, or a
| 9 |
| State apprenticeship council; or
| 10 |
| (5) a valid license from a state having standards | 11 |
| substantially equal to
those of this State.
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| (d) Whenever an emergency exists in the State due to | 13 |
| disaster or
work stoppage and the number of persons in the | 14 |
| State holding licenses granted
by the
Board is insufficient to | 15 |
| cope with the emergency, the licensed elevator
contractor shall
| 16 |
| respond as necessary to ensure the safety of the public. Any | 17 |
| person certified
by a licensed
elevator contractor to have an | 18 |
| acceptable combination of documented experience
and
education | 19 |
| to perform elevator work without direct and immediate | 20 |
| supervision
shall seek
an emergency elevator mechanic's | 21 |
| license from the Administrator
within 5 business days after | 22 |
| commencing work requiring a license. The
Administrator
shall | 23 |
| issue emergency elevator mechanic's licenses. The applicant | 24 |
| shall furnish
proof of
competency as the Administrator may | 25 |
| require. Each license shall recite that it
is valid for a
| 26 |
| period of 30 days from the date thereof and for such particular |
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| elevators
or
geographical areas as the Administrator may | 2 |
| designate and otherwise shall
entitle the
licensee to the | 3 |
| rights and privileges of an elevator mechanic's license issued
| 4 |
| under this
Act. The Administrator shall renew an emergency | 5 |
| elevator mechanic's license
during the
existence of an | 6 |
| emergency. No fee may be charged for any emergency elevator
| 7 |
| mechanic's license or renewal thereof. | 8 |
| (e) A licensed elevator contractor shall notify the | 9 |
| Administrator when there
are no
licensed personnel available to | 10 |
| perform elevator work. The licensed elevator
contractor
may | 11 |
| request that the Administrator issue temporary elevator | 12 |
| mechanic's licenses
to
persons certified by the licensed | 13 |
| elevator contractor to have an acceptable
combination of
| 14 |
| documented experience and education to perform elevator work | 15 |
| without direct and
immediate supervision. Any person certified | 16 |
| by a licensed elevator contractor
to have an
acceptable | 17 |
| combination of documented experience and education to perform
| 18 |
| elevator
work without direct and immediate supervision shall | 19 |
| immediately seek a
temporary
elevator mechanic's license from | 20 |
| the Administrator and shall pay such fee as
the Board
shall | 21 |
| determine. The applicant for temporary licensure shall furnish | 22 |
| proof of competency as the Administrator may require and for | 23 |
| such particular elevators or geographical areas as the | 24 |
| Administrator may designate.
Each license shall recite that it | 25 |
| is valid for a period of
30 days from
the date of issuance and | 26 |
| while employed by the licensed elevator contractor
that |
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| certified
the individual as qualified. It shall be renewable as | 2 |
| long as the shortage of
license holders continues.
| 3 |
| (Source: P.A. 94-698, eff. 11-22-05.)
| 4 |
| (225 ILCS 312/80)
| 5 |
| (Section scheduled to be repealed on January 1, 2013)
| 6 |
| Sec. 80. Registration of existing elevators, platform | 7 |
| lifts, dumbwaiters,
escalators, moving walks, and any other | 8 |
| conveyance. Within 6 months after the
date of
the adoption of | 9 |
| the final
initial rules that implement this Act, the owner or | 10 |
| lessee of every existing conveyance
shall
register with the | 11 |
| Administrator each elevator, dumbwaiter, platform lift,
| 12 |
| escalator, or
other device described in Section 10 of this Act | 13 |
| and provide the type, rated
load and
speed, name of
| 14 |
| manufacturer, its location, the purpose for which it is used, | 15 |
| and such
additional
information as the Administrator may | 16 |
| require. Elevators, dumbwaiters,
platform lifts,
escalators, | 17 |
| moving walks, or other conveyances of which construction has | 18 |
| begun
subsequent to the date of the creation of the Board shall | 19 |
| be registered at the
time they are
completed and placed in | 20 |
| service.
| 21 |
| (Source: P.A. 94-698, eff. 11-22-05.)
| 22 |
| (225 ILCS 312/90)
| 23 |
| (Section scheduled to be repealed on January 1, 2013)
| 24 |
| Sec. 90. Permits.
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| (a) No conveyance covered by this Act shall be erected, | 2 |
| constructed,
installed,
or altered within buildings or | 3 |
| structures within this State unless a permit has
been
obtained | 4 |
| from the Administrator or a municipality or other unit of local
| 5 |
| government.
If the permit is obtained
from
a municipality or | 6 |
| other unit of local government, the municipality or other
unit | 7 |
| of local
government that issued the permit shall
keep the | 8 |
| permit on file for a period of not less than one year from the | 9 |
| date of
issuance and send a copy to the Administrator for | 10 |
| inspection.
Where
any material alteration is made, the device | 11 |
| shall conform to applicable
requirements in
ASME A17.1, ASME | 12 |
| A18.1, ASCE 21, or ANSI A10.4. No permit required under this
| 13 |
| Section
shall be
issued
except to a person, firm, or | 14 |
| corporation holding a current elevator
contractor's license,
| 15 |
| duly issued pursuant to this Act , except that a permit to alter | 16 |
| a conveyance may be issued to an entity exempted from licensure | 17 |
| under subsection (a) of Section 40 of this Act . A copy of the | 18 |
| permit shall be kept at the
construction
site at all times | 19 |
| while the work is in progress.
| 20 |
| (b) The permit fee shall be as set by the Board. Permit | 21 |
| fees collected are
non-refundable.
| 22 |
| (c) Each application for a permit shall be accompanied by | 23 |
| applicable fees and
by
copies of specifications and accurately | 24 |
| scaled and fully dimensioned plans
showing the
location of the | 25 |
| installation in relation to the plans and elevation of the
| 26 |
| building, the
location of the machinery room and the equipment |
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| to be installed, relocated, or
altered,
and all structural | 2 |
| supporting members, including foundations. The applicant
shall | 3 |
| also
specify all materials to be employed and all loads to be | 4 |
| supported or conveyed.
These
plans and specifications shall be | 5 |
| sufficiently complete to illustrate all
details of
| 6 |
| construction and design.
| 7 |
| (d) Permits may be revoked for the following reasons:
| 8 |
| (1) Any false statements or misrepresentation as to the | 9 |
| material
facts in the application, plans, or | 10 |
| specifications on which the permit was
based.
| 11 |
| (2) The permit was issued in error and should not have | 12 |
| been
issued
in accordance with the code.
| 13 |
| (3) The work detailed under the permit is not being | 14 |
| performed in
accordance with the provisions of the | 15 |
| application, plans, or specifications or
with
the code or | 16 |
| conditions of the permit.
| 17 |
| (4) The elevator contractor to whom the permit was | 18 |
| issued fails or
refuses to comply with a "stop work" order.
| 19 |
| (5) If the work authorized by a permit is not commenced | 20 |
| within 6 months
after
the date of issuance, or within a | 21 |
| shorter period of time as the Administrator or his or her
| 22 |
| duly authorized representative in his or her discretion may | 23 |
| specify at the time
the
permit is
issued.
| 24 |
| (6) If the work is suspended or abandoned for a period | 25 |
| of 60 days, or
shorter
period
of time as the Administrator | 26 |
| or his or her duly authorized representative
in his
or her |
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| discretion
may specify at the time the permit is issued, | 2 |
| after the work has been started.
For good
cause, the | 3 |
| Administrator or his or her representative may allow an
| 4 |
| extension of
this
period at his or her discretion.
| 5 |
| (e) (Blank).
| 6 |
| (Source: P.A. 94-698, eff. 11-22-05.)
| 7 |
| (225 ILCS 312/120)
| 8 |
| (Section scheduled to be repealed on January 1, 2013)
| 9 |
| Sec. 120. Inspection and testing.
| 10 |
| (a) It shall be the responsibility of the owner of all new | 11 |
| and existing
conveyances
located in any building or structure | 12 |
| to have the conveyance inspected, at intervals determined by | 13 |
| the Board,
by a person, firm, or company to which a license to
| 14 |
| inspect
conveyances has been issued. Subsequent to inspection, | 15 |
| the licensed person,
firm, or
company must supply the property | 16 |
| owner or lessee and the Administrator
with a
written inspection | 17 |
| report describing any and all violations. Property owners
shall | 18 |
| have 30
days from the date of the published inspection report | 19 |
| to be in full compliance
by
correcting the violations. The | 20 |
| Administrator shall determine whether such violations have | 21 |
| been corrected and may extend the compliance dates for good | 22 |
| cause, provided that such violations are minor and pose no | 23 |
| threat to public safety .
| 24 |
| (b) (Blank).
| 25 |
| (c) All tests shall be performed by a licensed elevator |
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LRB095 10695 RAS 35084 a |
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| mechanic or licensed limited elevator mechanic who is licensed | 2 |
| to perform work on that particular type of conveyance.
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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 | 5 |
| becoming law.".
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