Full Text of SB0259 95th General Assembly
SB0259eng 95TH GENERAL ASSEMBLY
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SB0259 Engrossed |
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LRB095 10694 RAS 30926 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| (Section scheduled to be repealed on January 1, 2013)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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| 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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| 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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| 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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| 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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