Full Text of SB0718 99th General Assembly
SB0718 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB0718 Introduced 2/3/2015, by Sen. Don Harmon SYNOPSIS AS INTRODUCED: |
| 225 ILCS 312/15 | | 225 ILCS 312/35 | | 225 ILCS 312/40 | | 225 ILCS 312/105 | | 225 ILCS 312/120 | | 225 ILCS 312/140 | |
|
Amends the Elevator Safety Act. Provides that the Office of the State Fire Marshal (rather than the Elevator Safety Review Board) shall authorize the issuance of elevator contractor's licenses, elevator mechanic's licenses, inspector's licenses, and inspection company licenses. Further provides that the Board no longer has the power to establish fee schedules for inspections of conveyances. Requires that the Board prescribe an inspection form, which shall be the only inspection form used by a person, company, or home rule unit licensed to inspect conveyances under the Act. Provides that all applications for a contractor's or inspection company license shall contain a copy of the Certificate of Authority to transact business in the State from the Secretary of State for corporations registered in another state, a certificate of good standing for corporations registered in Illinois, and an assumed name certificate issued by the Illinois county in which the business is located for a sole proprietor or partnership. Requires that all injuries caused by a malfunctioning conveyance be reported to the Office of the State Fire Marshal within 2 business days.
|
| |
| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
| | | SB0718 | | LRB099 04092 HAF 24111 b |
|
| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Elevator Safety and Regulation Act is | 5 | | amended by changing Sections 15, 35, 40, 105, 120, and 140 as | 6 | | follows:
| 7 | | (225 ILCS 312/15)
| 8 | | (Section scheduled to be repealed on January 1, 2023)
| 9 | | Sec. 15. Definitions. For the purpose of this Act:
| 10 | | "Administrator" means the Office of the State Fire Marshal.
| 11 | | "Alteration" means any change to equipment, including its | 12 | | parts, components, or subsystems, other than maintenance, | 13 | | repair, or replacement of the equipment, including its parts, | 14 | | components, or subsystems. | 15 | | "ANSI A10.4" means the safety requirements for personnel | 16 | | hoists, an American
National Standard.
| 17 | | "ASCE 21" means the American Society of Civil Engineers | 18 | | Automated People
Mover Standards.
| 19 | | "ASME A17.1" means the Safety Code for
Elevators and | 20 | | Escalators, an American National Standard, and CSA B44, the | 21 | | National Standard of Canada.
| 22 | | "ASME A17.3" means the Safety Code for
Existing Elevators | 23 | | and Escalators, an American National Standard.
|
| | | SB0718 | - 2 - | LRB099 04092 HAF 24111 b |
|
| 1 | | "ASME A17.7" means the Performance-Based Safety Code for | 2 | | Elevators and Escalators, an American National Standard, and | 3 | | CSA B44.7, the National Standard of Canada. | 4 | | "ASME A18.1" means the Safety Standard for
Platform Lifts | 5 | | and Stairway Chairlifts, an American National Standard.
| 6 | | "Automated people mover" means an
installation as defined | 7 | | as an "automated people mover" in ASCE 21.
| 8 | | "Board" means the Elevator Safety Review Board.
| 9 | | "Certificate of operation" means a certificate issued by | 10 | | the Administrator or the Local Administrator
that indicates | 11 | | that the conveyance has passed the required safety inspection
| 12 | | and tests and fees have been paid as set forth in this Act.
| 13 | | "Conveyance" means any elevator, dumbwaiter, escalator, | 14 | | moving sidewalk,
platform lifts, stairway chairlifts and | 15 | | automated people movers.
| 16 | | "Elevator" means an installation defined as an
"elevator" | 17 | | in ASME A17.1.
| 18 | | "Elevator contractor" means any person, firm, or | 19 | | corporation who possesses
an elevator contractor's license in | 20 | | accordance with the provisions of Sections
40 and 55 of this | 21 | | Act and who is engaged in the business of erecting,
| 22 | | constructing, installing, altering, servicing, repairing, or | 23 | | maintaining
elevators or related conveyance covered by this | 24 | | Act.
| 25 | | "Elevator contractor's license" means a license issued to | 26 | | an elevator
contractor who has proven his or her qualifications |
| | | SB0718 | - 3 - | LRB099 04092 HAF 24111 b |
|
| 1 | | and ability and has been
authorized by the Administrator | 2 | | Elevator Safety Review Board to work on conveyance equipment. | 3 | | It shall entitle the holder thereof to engage in the business | 4 | | of
constructing, installing, altering, servicing, testing, | 5 | | repairing,
or maintaining and performing electrical work on | 6 | | elevators or related conveyances
covered by this Act within any | 7 | | building or structure, including, but not limited to, private | 8 | | residences. The
Administrator may issue a limited elevator | 9 | | contractor's license authorizing a
firm or company that employs | 10 | | individuals to carry on a business of erecting,
constructing, | 11 | | installing, altering, servicing, repairing, or maintaining
a | 12 | | specific type of conveyance within any building or structure,
| 13 | | excluding
private residences.
| 14 | | "Elevator helper" means an individual registered with the | 15 | | Administrator who works under the general direction of a | 16 | | licensed elevator mechanic.
Licensure is not required for an | 17 | | elevator helper.
| 18 | | "Elevator industry apprentice" means an individual who is | 19 | | enrolled in an apprenticeship program approved by the Bureau of | 20 | | Apprenticeship and Training of the U.S. Department of Labor and | 21 | | who is registered by the Administrator and works under the | 22 | | general direction of a licensed elevator mechanic.
Licensure is | 23 | | not required for an elevator industry apprentice.
| 24 | | "Elevator inspector" means any
inspector, as that term is | 25 | | defined in ASME QEI, who possesses an elevator inspector's
| 26 | | license in accordance with the provisions of this Act.
|
| | | SB0718 | - 4 - | LRB099 04092 HAF 24111 b |
|
| 1 | | "Elevator mechanic" means any person who possesses an | 2 | | elevator mechanic's
license in accordance with the provisions | 3 | | of Sections 40 and 45 of this Act and
who is engaged in | 4 | | erecting, constructing, installing, altering, servicing,
| 5 | | repairing, or maintaining elevators or related conveyance | 6 | | covered by this Act.
| 7 | | "Elevator mechanic's license" means a license issued to a | 8 | | person who has
proven his or her qualifications and ability and | 9 | | has been authorized by the Administrator
Elevator Safety Review | 10 | | Board to work on conveyance equipment. It shall entitle
the | 11 | | holder thereof to install, construct, alter, service, repair, | 12 | | test,
maintain, and perform electrical work on elevators or | 13 | | related conveyance
covered by this Act. The Administrator may | 14 | | issue a limited elevator mechanic's license authorizing an | 15 | | individual to carry on a business of erecting, constructing, | 16 | | installing, altering, servicing, repairing, or maintaining a | 17 | | specific type of conveyance within any building or structure.
| 18 | | "Escalator" means an installation defined as an | 19 | | "escalator" in ASME A17.1.
| 20 | | "Existing installation" means an installation
defined as | 21 | | an "installation, existing" in ASME A17.1.
| 22 | | "Inspector's license" or "inspection company license"
| 23 | | means a license issued to an ASME QEI certified elevator | 24 | | inspector or inspection company that has proven the inspector's | 25 | | or the company's qualifications and ability and has been | 26 | | authorized by the Administrator Elevator
Safety Review Board to |
| | | SB0718 | - 5 - | LRB099 04092 HAF 24111 b |
|
| 1 | | possess this type of license. It shall entitle the
holder | 2 | | thereof to engage in the business of inspecting elevators or | 3 | | related
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. New and renewed licenses issued after January 1, 2010
will | 10 | | include a photo of the licensee. | 11 | | "Local Administrator" means the municipality or | 12 | | municipalities or
county or counties that entered into a local | 13 | | elevator agreement with the
Administrator to operate its own | 14 | | elevator safety program in
accordance with this Act and the | 15 | | adopted administrative rules.
| 16 | | "Material alteration" means an "alteration", as defined in | 17 | | the referenced standards.
| 18 | | "Moving walk" means an installation defined as a "moving | 19 | | walk"
in ASME A17.1.
| 20 | | "Owner" means the owner of the conveyance, which could be | 21 | | an individual, a group of individuals, an association, trust, | 22 | | partnership, corporation, or person doing business under an | 23 | | assumed name. The owner may delegate his, her, or its authority | 24 | | to manage the day-to-day operations of the conveyance to | 25 | | another party, but may not delegate his, her, or its | 26 | | responsibilities and duties under this Act and the |
| | | SB0718 | - 6 - | LRB099 04092 HAF 24111 b |
|
| 1 | | administrative rules. | 2 | | "Private residence" means a separate dwelling or a separate | 3 | | apartment or condominium unit in
a multiple-family
dwelling | 4 | | that is occupied by members of a single-family unit.
| 5 | | "Repair" has the meaning set forth in the referenced | 6 | | standards. "Repair" does not require a
permit.
| 7 | | "Temporarily dormant" means an elevator, dumbwaiter, or | 8 | | escalator:
| 9 | | (1) with a power supply that has been disconnected by | 10 | | removing fuses and
placing a padlock on the mainline | 11 | | disconnect switch in the "off" position;
| 12 | | (2) with a car that is parked and hoistway doors that | 13 | | are in the closed
and latched position;
| 14 | | (3) with a wire seal on the mainline disconnect switch | 15 | | installed by a
licensed elevator inspector;
| 16 | | (4) that shall not be used again until it has been put | 17 | | in safe running
order and is in condition for use;
| 18 | | (5) requiring annual inspections for the duration of | 19 | | the temporarily
dormant status by a licensed elevator | 20 | | inspector;
| 21 | | (6) that has a "temporarily dormant" status that is | 22 | | renewable on an
annual basis, not to exceed a 5-year | 23 | | period;
| 24 | | (7) requiring the inspector to file a report with the | 25 | | Administrator describing the current conditions; and
| 26 | | (8) with a wire seal and padlock that shall not be |
| | | SB0718 | - 7 - | LRB099 04092 HAF 24111 b |
|
| 1 | | removed for any
purpose without permission from the | 2 | | elevator inspector.
| 3 | | "Temporary certificate of operation" means a temporary | 4 | | certificate of operation issued by the Administrator or the
| 5 | | Local Administrator that permits the temporary use
of a | 6 | | non-compliant conveyance by the general public for a limited | 7 | | time of 30
days while minor repairs are being completed.
| 8 | | All other building transportation terms are as defined in | 9 | | the latest edition of ASME A17.1 and ASME A18.1.
| 10 | | "Temporary limited authority" means an authorization | 11 | | issued, for a period
not to exceed one year, by the | 12 | | Administrator to an individual
that the Administrator deems | 13 | | qualified to perform work on a
specific type of conveyance. | 14 | | (Source: P.A. 95-573, eff. 8-31-07; 96-54, eff. 7-23-09 .)
| 15 | | (225 ILCS 312/35)
| 16 | | (Section scheduled to be repealed on January 1, 2023)
| 17 | | Sec. 35. Powers and duties of the Board and Administrator.
| 18 | | (a) The Board shall consult with engineering authorities | 19 | | and organizations
and
adopt rules consistent with the | 20 | | provisions of this Act for the
administration and
enforcement | 21 | | of this Act. The Board may prescribe forms to be issued in
| 22 | | connection with
the administration and enforcement of this Act. | 23 | | The rules shall establish
standards and
criteria consistent | 24 | | with this Act for licensing of elevator mechanics,
inspectors, | 25 | | and installers of
elevators,
including the provisions of the |
| | | SB0718 | - 8 - | LRB099 04092 HAF 24111 b |
|
| 1 | | Safety Code for Elevators and Escalators (ASME
A17.1),
the | 2 | | provisions of the Performance-Based Safety Code for Elevators | 3 | | and Escalators (ASME A17.7), the Standard for the
Qualification
| 4 | | of Elevator Inspectors (ASME QEI-1), the Automated People Mover | 5 | | Standards
(ASCE 21), the Safety Requirements for Personnel | 6 | | Hoists and Employee Elevators
(ANSI A10.4), and the Safety | 7 | | Standard for Platform Lifts and Stairway Chairlifts (ASME | 8 | | A18.1). The Board shall adopt or amend and adopt the latest | 9 | | editions of the standards referenced in this subsection within | 10 | | 12 months after the effective date of the
standards.
| 11 | | The Board shall make determinations authorized by this Act | 12 | | regarding variances, interpretations, and the installation of | 13 | | new technology. Such determinations shall have a binding | 14 | | precedential effect throughout the State regarding equipment, | 15 | | structure, or the enforcement of codes unless limited by the | 16 | | Board to the fact-specific issues. | 17 | | (b) The Administrator or Local Administrator shall have the | 18 | | authority to grant exceptions and
variances from
the literal | 19 | | requirements of
applicable State codes, standards, and | 20 | | regulations in cases where such
variances
would not
jeopardize | 21 | | the public
safety and
welfare. The Administrator has the right
| 22 | | to review and object to any exceptions or variances granted by
| 23 | | the Local Administrator. The Board shall have the authority to | 24 | | hear appeals, for any denial by the Local Administrator or
for | 25 | | any denial or objection by the Administrator. The Board
shall | 26 | | hold hearings, and
decide
upon such within 30 days of the |
| | | SB0718 | - 9 - | LRB099 04092 HAF 24111 b |
|
| 1 | | appeal.
| 2 | | (c) The Board shall establish fee schedules for licenses, | 3 | | and registrations issued by the Administrator. The Board
shall | 4 | | also establish fee schedules for permits and ,
certificates , | 5 | | and
inspections for conveyances not under a Local
| 6 | | Administrator. The fees shall be set at an amount necessary to | 7 | | cover the actual
costs and expenses to operate
the Board
and to | 8 | | conduct the duties as described in this Act.
| 9 | | (d) The Board shall be authorized to recommend the | 10 | | amendments of applicable
legislation, when appropriate, to | 11 | | legislators.
| 12 | | (e) The Administrator may solicit the advice and expert | 13 | | knowledge of
the
Board on any matter relating to the | 14 | | administration and enforcement of this Act.
| 15 | | (f) The Administrator may employ professional, technical,
| 16 | | investigative, or
clerical help, on either a full-time or | 17 | | part-time basis, as may be necessary
for the
enforcement of | 18 | | this Act.
| 19 | | (g) (Blank).
| 20 | | (h) Notwithstanding anything else in this Section, the | 21 | | following upgrade requirements of the 2007 edition of the | 22 | | Safety Code for Elevators and Escalators (ASME A17.1) and the | 23 | | 2005 edition of the Safety Code for Existing Elevators (ASME | 24 | | A17.3) must be completed by January 1, 2015, but the | 25 | | Administrator or Local Administrator may not require their | 26 | | completion prior to January 1, 2013: |
| | | SB0718 | - 10 - | LRB099 04092 HAF 24111 b |
|
| 1 | | (i) (blank); | 2 | | (ii) car illumination; | 3 | | (iii) emergency operation and signaling devices; | 4 | | (iv) phase reversal and failure protection; | 5 | | (v) reopening device for power operated doors or gates; | 6 | | (vi) stop switch pits; and | 7 | | (vii) pit ladder installation in accordance with | 8 | | Section 2.2.4.2 of ASME A17.1-2007. | 9 | | (h-5) Notwithstanding anything else in this Section, the | 10 | | upgrade requirements for the restricted opening of hoistway | 11 | | doors or car doors on passenger elevators as provided for in | 12 | | the 2007 edition of the Safety Code for Elevators and | 13 | | Escalators (ASME A17.1) and the 2005 edition of the Safety Code | 14 | | for Existing Elevators (ASME A17.3) must be completed by | 15 | | January 1, 2014. | 16 | | (i) In the event that a conveyance regulated by this Act is | 17 | | altered, the alteration shall comply with ASME A17.1. | 18 | | Notwithstanding anything else in this Section, the | 19 | | firefighter's emergency operation, and the hydraulic elevator | 20 | | cylinder, including the associated safety devices outlined in | 21 | | Section 4.3.3(b) of ASME A17.3-2005, are not required to be | 22 | | upgraded unless: (1) there is an alteration, (2) the
equipment | 23 | | fails, or (3) failing to replace the equipment jeopardizes the | 24 | | public safety and welfare as determined by the Local | 25 | | Administrator or the Board. | 26 | | (j) The Administrator may choose to require the inspection
|
| | | SB0718 | - 11 - | LRB099 04092 HAF 24111 b |
|
| 1 | | of any conveyance to be performed by its own inspectors or by
| 2 | | third-party licensed inspectors employed by the Administrator. | 3 | | (k) The Board shall prescribe an inspection form, which | 4 | | shall be the only inspection form used by a licensed inspector | 5 | | in the inspection of a conveyance under this Act. Nothing in | 6 | | this subsection (k) shall be construed to prohibit the licensed | 7 | | inspector from prescribing his or her own inspection | 8 | | procedures, including, but not limited to, the frequency of | 9 | | inspection and the protocol for the distribution of inspection | 10 | | forms. A licensed inspector that has prescribed his or her own | 11 | | inspection procedures shall use the inspection form prescribed | 12 | | by the Board. | 13 | | (Source: P.A. 96-54, eff. 7-23-09; 97-310, eff. 8-11-11; | 14 | | 97-1048, eff. 8-22-12.)
| 15 | | (225 ILCS 312/40)
| 16 | | (Section scheduled to be repealed on January 1, 2023)
| 17 | | Sec. 40. Application for contractor's or inspection | 18 | | company license.
| 19 | | (a) Any person, firm, or company wishing to engage in the | 20 | | business of
installing, inspecting,
altering, repairing, | 21 | | servicing, replacing, or maintaining elevators,
dumbwaiters,
| 22 | | escalators, or
moving walks within this State shall make | 23 | | application for a license with the
Administrator. However, if | 24 | | the State, a unit of local government, or an institution of | 25 | | higher education maintains in its employ licensed or limited |
| | | SB0718 | - 12 - | LRB099 04092 HAF 24111 b |
|
| 1 | | licensed elevator mechanics who maintain only conveyances | 2 | | owned or leased by that entity, the employing entity is not | 3 | | required to be licensed as a contractor under this Section and | 4 | | none of the provisions of this Act concerning licensed | 5 | | contractors shall apply to these entities.
| 6 | | (b) All applications shall contain the following | 7 | | information:
| 8 | | (1) if the applicant is a person, the name, residence, | 9 | | and business address
of the applicant;
| 10 | | (2) if the applicant is a partnership, the name, | 11 | | residence, and business
address of each partner;
| 12 | | (3) if the applicant is a domestic corporation, the | 13 | | name and business
address of the corporation and the name | 14 | | and residence address of the principal
officer of the | 15 | | corporation;
| 16 | | (4) if the applicant is a corporation other than a | 17 | | domestic corporation,
the
name and address of an agent | 18 | | locally located who shall be authorized to accept
service | 19 | | of process and official notices;
| 20 | | (5) the number of years the applicant has engaged in | 21 | | the business of
installing, inspecting, maintaining, or | 22 | | servicing elevators or platform
lifts or both;
| 23 | | (6) if applying for an elevator contractor's license, | 24 | | the approximate
number of persons, if any, to be employed | 25 | | by the elevator contractor applicant
and, if applicable, | 26 | | satisfactory evidence that the employees are or will be
|
| | | SB0718 | - 13 - | LRB099 04092 HAF 24111 b |
|
| 1 | | covered
by workers' compensation insurance;
| 2 | | (7) satisfactory evidence that the applicant is or will | 3 | | be covered by
general
liability, personal injury, and | 4 | | property damage insurance;
| 5 | | (8) any criminal record of convictions; and
| 6 | | (9) any other information as the Administrator may | 7 | | require ; and .
| 8 | | (10) a copy of the Certificate of Authority to transact | 9 | | business in the State from the Secretary of State for | 10 | | corporations registered in another state, a certificate of | 11 | | good standing for corporations registered in Illinois, and | 12 | | an assumed name certificate issued by the Illinois county | 13 | | in which the business is located for a sole proprietor or | 14 | | partnership. | 15 | | (c) (Blank).
| 16 | | (Source: P.A. 94-698, eff. 11-22-05; 95-573, eff. 8-31-07 .)
| 17 | | (225 ILCS 312/105)
| 18 | | (Section scheduled to be repealed on January 1, 2023)
| 19 | | Sec. 105. Enforcement; Investigation.
| 20 | | (a) It shall be the duty of the Administrator
to develop an
| 21 | | enforcement program to ensure compliance with rules and
| 22 | | requirements
referenced in this Act. This shall include, but | 23 | | shall not be limited to,
rules for
identification of property | 24 | | locations that are subject to the rules and
requirements; | 25 | | issuing notifications to violating property owners or |
| | | SB0718 | - 14 - | LRB099 04092 HAF 24111 b |
|
| 1 | | operators,
random on-site inspections, and tests on existing | 2 | | installations; witnessing
periodic
inspections and
testing in | 3 | | order to ensure satisfactory performance by licensed persons, | 4 | | firms,
or
companies; and assisting in development of public | 5 | | awareness programs.
| 6 | | (b) Any person may make a request for an investigation into | 7 | | an alleged
violation
of
this Act by giving notice to the | 8 | | Administrator or Local Administrator
of such violation or
| 9 | | danger. The
notice shall be in writing, shall set forth with | 10 | | reasonable particularity the
grounds for the
notice, and shall | 11 | | be signed by the person making the request. Upon the request
of | 12 | | any
person signing the notice, the person's name shall not | 13 | | appear on any copy of
the notice
or any record published, | 14 | | released, or made available. If the Local Administrator
| 15 | | determines that there are reasonable grounds to believe that
| 16 | | such violation or danger exists, the Local Administrator shall
| 17 | | forward the request for an investigation to the Administrator.
| 18 | | (c) If, upon receipt of such notification, the | 19 | | Administrator
determines
that there
are
reasonable grounds to | 20 | | believe that such violation or danger exists, the
Administrator
| 21 | | shall cause to be made or permit the Local Administrator to | 22 | | conduct an investigation in accordance
with the provisions of
| 23 | | this Act as
soon as practicable to determine if such violation | 24 | | or danger exists. If the
Administrator determines that there | 25 | | are no reasonable
grounds to believe that a
violation or
danger | 26 | | exists, he or she shall notify the party in writing of such
|
| | | SB0718 | - 15 - | LRB099 04092 HAF 24111 b |
|
| 1 | | determination.
| 2 | | (d) (Blank). | 3 | | (e) An injury caused by the malfunction of a conveyance | 4 | | shall be reported to the Administrator by the property owner, | 5 | | the lessee, or the party otherwise responsible for the premises | 6 | | where the conveyance is located and the injury occurred. The | 7 | | injury shall be reported within 2 business days of its | 8 | | occurrence and may be reported either in writing or | 9 | | electronically.
| 10 | | (Source: P.A. 95-573, eff. 8-31-07; 96-54, eff. 7-23-09 .)
| 11 | | (225 ILCS 312/120)
| 12 | | (Section scheduled to be repealed on January 1, 2023)
| 13 | | Sec. 120. Inspection and testing.
| 14 | | (a) Except as provided in subsection (c) of Section 95 of | 15 | | this Act, it shall be the responsibility of the owner of all | 16 | | new and existing
conveyances
located in any building or | 17 | | structure to have the conveyance inspected annually
by a | 18 | | person, firm, or company to which a license to
inspect
| 19 | | conveyances has been issued. The person, firm, or company | 20 | | conducting the inspection shall use the inspection form | 21 | | prescribed by the Board pursuant to subsection (k) of Section | 22 | | 35 of this Act. Subsequent to inspection, the licensed person,
| 23 | | firm, or
company must supply the property owner or lessee and | 24 | | the Administrator
with a
written inspection report describing | 25 | | any and all code
violations. Property owners
shall have 30
days |
| | | SB0718 | - 16 - | LRB099 04092 HAF 24111 b |
|
| 1 | | from the date of the published inspection report to be in full | 2 | | compliance
by
correcting the violations. The Administrator | 3 | | shall determine , upon receiving a final inspection report from | 4 | | the property owner or lessee, whether such violations have been | 5 | | corrected and may extend the compliance dates for good cause, | 6 | | provided that such violations are minor and pose no threat to | 7 | | public safety.
| 8 | | (b) It shall be the responsibility of the owner of all | 9 | | conveyances to have a licensed elevator contractor, as defined | 10 | | in this Act, ensure that the required tests are performed at | 11 | | intervals in compliance with the ASME A 17.1, ASME A 18.1 and | 12 | | ASCE 21.
| 13 | | (c) All tests shall be performed by a licensed elevator | 14 | | mechanic.
| 15 | | (Source: P.A. 97-310, eff. 8-11-11 .)
| 16 | | (225 ILCS 312/140)
| 17 | | (Section scheduled to be repealed on January 1, 2023)
| 18 | | Sec. 140. Local Administrator; home rule.
| 19 | | (a) The Administrator may enter into a local elevator | 20 | | agreement with municipalities or counties under which the Local | 21 | | Administrator shall (i) issue construction permits and | 22 | | certificates of operation, (ii) provide for inspection of | 23 | | elevators, including temporary operation inspections, (iii) | 24 | | grant
exceptions and variances from the literal requirements of
| 25 | | applicable State codes, standards, and regulations in cases
|
| | | SB0718 | - 17 - | LRB099 04092 HAF 24111 b |
|
| 1 | | where such variances would not jeopardize the public safety
and | 2 | | welfare, and (iv) enforce the applicable provisions of the Act, | 3 | | and levy fines in accordance with the Municipal Code or | 4 | | Counties Code. The Local Administrator may choose to require | 5 | | that inspections be performed by its own inspectors or by | 6 | | private certified elevator inspectors. The Local Administrator | 7 | | may assess a reasonable fee for permits, exceptions, variances,
| 8 | | certification of operation, or inspections performed by its | 9 | | inspectors. Each agreement shall include a provision that the | 10 | | Local Administrator shall maintain for inspection by the | 11 | | Administrator copies of all applications for permits issued, | 12 | | grants or denials of
exceptions or variances, copies of each | 13 | | inspection report issued, and proper records showing the number | 14 | | of certificates of operation issued. Each agreement shall also | 15 | | include a provision that each required inspection be conducted | 16 | | by a certified elevator inspector and any other provisions | 17 | | deemed necessary by the Administrator.
Any safety standards or | 18 | | regulations adopted by a municipality or county under this
| 19 | | subsection must be at least as stringent as those provided for | 20 | | in this Act and
the rules adopted under this Act.
| 21 | | (b) A
home rule unit may not
regulate the inspection or | 22 | | licensure of, or
otherwise regulate, elevators and devices | 23 | | described in Section 10 of this Act
in a manner less | 24 | | restrictive than the regulation by the State of those matters
| 25 | | under this Act.
This subsection is a limitation under | 26 | | subsection (i) of Section 6 of Article
VII of the Illinois |
| | | SB0718 | - 18 - | LRB099 04092 HAF 24111 b |
|
| 1 | | Constitution on the concurrent exercise by home rule units
of | 2 | | powers and functions exercised by the State.
| 3 | | (c) (Blank).
| 4 | | (d) The Administrator shall be notified of any
exception or | 5 | | variance granted. The Administrator may object
to such | 6 | | exception or variance within 7 business days of
receipt of the | 7 | | notice. Should the Administrator and Local
Administrator not | 8 | | reach agreement on the exception or
variance, the matter shall | 9 | | be directed to the Board to hear
and decide. | 10 | | (e) The Local Administrator shall issue the inspection form | 11 | | prescribed by the Board pursuant to subsection (k) of Section | 12 | | 35 of this Act or an inspection form identical to the form | 13 | | prescribed by the Board, which shall be the only inspection | 14 | | form used by a person, firm, or company licensed to inspect | 15 | | conveyances under this Section. A Local Administrator that | 16 | | chooses to require that inspections be performed by its own | 17 | | inspectors shall also use the inspection form prescribed by the | 18 | | Board or an inspection form that is identical to the form | 19 | | prescribed by the Board. | 20 | | (Source: P.A. 96-54, eff. 7-23-09 .)
|
|