Full Text of HB4302 102nd General Assembly
HB4302ham002 102ND GENERAL ASSEMBLY | Rep. Kathleen Willis Filed: 2/15/2022
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| 1 | | AMENDMENT TO HOUSE BILL 4302
| 2 | | AMENDMENT NO. ______. Amend House Bill 4302 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Regulatory Sunset Act is amended by | 5 | | changing Sections 4.33 and 4.38 as follows: | 6 | | (5 ILCS 80/4.33) | 7 | | Sec. 4.33. Acts repealed on January 1,
2023. The following | 8 | | Acts are
repealed on January 1, 2023: | 9 | | The Dietitian Nutritionist Practice Act. | 10 | | The Elevator Safety and Regulation Act.
| 11 | | The Fire Equipment Distributor and Employee Regulation Act | 12 | | of 2011. | 13 | | The Funeral Directors and Embalmers Licensing Code. | 14 | | The Naprapathic Practice Act. | 15 | | The Pharmacy Practice Act. | 16 | | The Professional Counselor and Clinical Professional |
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| 1 | | Counselor
Licensing and Practice Act. | 2 | | The Wholesale Drug Distribution Licensing Act. | 3 | | (Source: P.A. 101-621, eff. 12-20-19.) | 4 | | (5 ILCS 80/4.38) | 5 | | Sec. 4.38. Acts repealed on January 1, 2028. The following | 6 | | Acts are repealed on January 1, 2028: | 7 | | The Acupuncture Practice Act. | 8 | | The Clinical Social Work and Social Work Practice Act. | 9 | | The Elevator Safety and Regulation Act. | 10 | | The Home Medical Equipment and Services Provider License | 11 | | Act. | 12 | | The Illinois Petroleum Education and Marketing Act. | 13 | | The Illinois Speech-Language Pathology and Audiology | 14 | | Practice Act. | 15 | | The Interpreter for the Deaf Licensure Act of 2007. | 16 | | The Nurse Practice Act. | 17 | | The Nursing Home Administrators Licensing and Disciplinary | 18 | | Act. | 19 | | The Physician Assistant Practice Act of 1987. | 20 | | The Podiatric Medical Practice Act of 1987.
| 21 | | (Source: P.A. 100-220, eff. 8-18-17; 100-375, eff. 8-25-17; | 22 | | 100-398, eff. 8-25-17; 100-414, eff. 8-25-17; 100-453, eff. | 23 | | 8-25-17; 100-513, eff. 9-20-17; 100-525, eff. 9-22-17; | 24 | | 100-530, eff. 9-22-17; 100-560, eff. 12-8-17.) |
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| 1 | | Section 10. The Elevator Safety and Regulation Act is | 2 | | amended by changing Sections 10, 15, 25, 35, 95, and 140 as | 3 | | follows:
| 4 | | (225 ILCS 312/10)
| 5 | | (Section scheduled to be repealed on January 1, 2023)
| 6 | | Sec. 10. Applicability.
| 7 | | (a) This Act covers the construction, operation, | 8 | | inspection,
testing,
maintenance, alteration, and repair of | 9 | | the following equipment, its associated
parts, and
its | 10 | | hoistways (except as modified by subsection (c) of this | 11 | | Section):
| 12 | | (1) Hoisting and lowering mechanisms equipped with a | 13 | | car or platform,
which move between 2 or more landings. | 14 | | This equipment includes, but is not
limited
to, the | 15 | | following (also see ASME A17.1, ASME A17.3, and ASME | 16 | | A18.1):
| 17 | | (A) Elevators.
| 18 | | (B) Platform lifts and stairway chair lifts.
| 19 | | (2) Power driven stairways and walkways for carrying | 20 | | persons between
landings. This equipment includes, but is | 21 | | not limited to, the following (also
see ASME A17.1 and | 22 | | ASME A17.3):
| 23 | | (A) Escalators.
| 24 | | (B) Moving walks.
| 25 | | (3) Hoisting and lowering mechanisms equipped with a |
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| 1 | | car, which serves
2 or more landings and is restricted to | 2 | | the carrying of material by its
limited
size or limited | 3 | | access to the car. This equipment includes, but is not | 4 | | limited
to, the
following (also see ASME A17.1 and ASME | 5 | | A17.3):
| 6 | | (A) Dumbwaiters.
| 7 | | (B) Material lifts and dumbwaiters with automatic | 8 | | transfer
devices.
| 9 | | (b) This Act covers the construction, operation, | 10 | | inspection,
maintenance,
alteration, and repair of automatic | 11 | | guided transit vehicles on guideways with
an
exclusive
| 12 | | right-of-way. This equipment includes, but is not limited to, | 13 | | automated people
movers (also see ASCE 21).
| 14 | | (c) This Act does not apply to the following equipment:
| 15 | | (1) Material hoists within the scope of ANSI A10.5.
| 16 | | (2)
Manlifts within the scope of ASME A90.1.
| 17 | | (3) Mobile scaffolds, towers, and platforms within the | 18 | | scope of ANSI A92.
| 19 | | (4) Powered platforms and equipment for exterior and | 20 | | interior
maintenance within the scope of ANSI 120.1.
| 21 | | (5) Conveyors and related equipment within the scope | 22 | | of ASME B20.1.
| 23 | | (6) Cranes, derricks, hoists, hooks, jacks, and slings
| 24 | | within the scope of ASME B30.
| 25 | | (7) Industrial trucks within the scope of ASME B56.
| 26 | | (8) Portable equipment, except for portable escalators |
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| 1 | | that are covered by ANSI A17.1.
| 2 | | (9) Tiering or piling machines used to move materials | 3 | | to and from
storage located and operating entirely within | 4 | | one story.
| 5 | | (10) Equipment for feeding or positioning materials at | 6 | | machine tools,
printing presses, etc.
| 7 | | (11) Skip or furnace hoists.
| 8 | | (12) Wharf ramps.
| 9 | | (13) Railroad car lifts or dumpers.
| 10 | | (14) Line jacks, false cars, shafters, moving | 11 | | platforms, and similar
equipment used for installing an | 12 | | elevator by a contractor licensed in this
State.
| 13 | | (15) (Blank).
| 14 | | (16) Conveyances located in a private residence not | 15 | | accessible to the public. | 16 | | (17) Special purpose personnel elevators within the | 17 | | scope of ASME A17.1 and used only by authorized personnel. | 18 | | (18) Personnel hoists within the scope of
ANSI A10.4. | 19 | | (19) Wind turbine tower elevators within the scope of | 20 | | ASME A17.8. | 21 | | (d) This Act does not apply to a municipality with a | 22 | | population over 500,000.
| 23 | | (Source: P.A. 95-573, eff. 8-31-07; 96-54, eff. 7-23-09; | 24 | | 96-342, eff. 8-11-09; 96-1000, eff. 7-2-10 .)
| 25 | | (225 ILCS 312/15)
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| 1 | | (Section scheduled to be repealed on January 1, 2023)
| 2 | | Sec. 15. Definitions. For the purpose of this Act:
| 3 | | "Administrator" means the Office of the State Fire | 4 | | Marshal.
| 5 | | "Alteration" means any change to equipment, including its | 6 | | parts, components, or subsystems, other than maintenance, | 7 | | repair, or replacement of the equipment, including its parts, | 8 | | components, or subsystems. | 9 | | "ANSI A10.4" means the safety requirements for personnel | 10 | | hoists, an American
National Standard.
| 11 | | "ASCE 21" means the American Society of Civil Engineers | 12 | | Automated People
Mover Standards.
| 13 | | "ASME A17.1" means the Safety Code for
Elevators and | 14 | | Escalators, an American National Standard, and CSA B44, the | 15 | | National Standard of Canada.
| 16 | | "ASME A17.3" means the Safety Code for
Existing Elevators | 17 | | and Escalators, an American National Standard.
| 18 | | "ASME A17.7" means the Performance-Based Safety Code for | 19 | | Elevators and Escalators, an American National Standard, and | 20 | | CSA B44.7, the National Standard of Canada. | 21 | | "ASME A18.1" means the Safety Standard for
Platform Lifts | 22 | | and Stairway Chairlifts, an American National Standard.
| 23 | | "Automated people mover" means an
installation as defined | 24 | | as an "automated people mover" in ASCE 21.
| 25 | | "Board" means the Elevator Safety Review Board.
| 26 | | "Certificate of operation" means a certificate issued by |
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| 1 | | the Administrator or the Local Administrator
that indicates | 2 | | that the conveyance : has passed the required safety inspection
| 3 | | and tests ; has been registered; and fees have been paid as set | 4 | | forth in this Act.
| 5 | | "Conveyance" means any elevator, dumbwaiter, escalator, | 6 | | moving sidewalk,
platform lifts, stairway chairlifts and | 7 | | automated people movers.
| 8 | | "Elevator" means an installation defined as an
"elevator" | 9 | | in ASME A17.1.
| 10 | | "Elevator contractor" means any person, firm, or | 11 | | corporation who possesses
an elevator contractor's license in | 12 | | accordance with the provisions of Sections
40 and 55 of this | 13 | | Act and who is engaged in the business of erecting,
| 14 | | constructing, installing, altering, servicing, repairing, or | 15 | | maintaining
elevators or related conveyance covered by this | 16 | | Act.
| 17 | | "Elevator contractor's license" means a license issued to | 18 | | an elevator
contractor who has proven his or her | 19 | | qualifications and ability and has been
authorized by the | 20 | | Administrator to work on conveyance equipment. It shall | 21 | | entitle the holder thereof to engage in the business of
| 22 | | constructing, installing, altering, servicing, testing, | 23 | | repairing,
or maintaining and performing electrical work on | 24 | | elevators or related conveyances
covered by this Act within | 25 | | any building or structure, including, but not limited to, | 26 | | private residences. The
Administrator may issue a limited |
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| 1 | | elevator contractor's license authorizing a
firm or company | 2 | | that employs individuals to carry on a business of erecting,
| 3 | | constructing, installing, altering, servicing, repairing, or | 4 | | maintaining
a specific type of conveyance within any building | 5 | | or structure,
excluding
private residences.
| 6 | | "Elevator helper" means an individual registered with the | 7 | | Administrator who works under the general direction of a | 8 | | licensed elevator mechanic.
Licensure is not required for an | 9 | | elevator helper.
| 10 | | "Elevator industry apprentice" means an individual who is | 11 | | enrolled in an apprenticeship program approved by the Bureau | 12 | | of Apprenticeship and Training of the U.S. Department of Labor | 13 | | and who is registered by the Administrator and works under the | 14 | | general direction of a licensed elevator mechanic.
Licensure | 15 | | is not required for an elevator industry apprentice.
| 16 | | "Elevator inspector" means any
inspector, as that term is | 17 | | defined in ASME QEI, who possesses an elevator inspector's
| 18 | | license in accordance with the provisions of this Act.
| 19 | | "Elevator mechanic" means any person who possesses an | 20 | | elevator mechanic's
license in accordance with the provisions | 21 | | of Sections 40 and 45 of this Act and
who is engaged in | 22 | | erecting, constructing, installing, altering, servicing,
| 23 | | repairing, or maintaining elevators or related conveyance | 24 | | covered by this Act.
| 25 | | "Elevator mechanic's license" means a license issued to a | 26 | | person who has
proven his or her qualifications and ability |
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| 1 | | and has been authorized by the Administrator
to work on | 2 | | conveyance equipment. It shall entitle
the holder thereof to | 3 | | install, construct, alter, service, repair, test,
maintain, | 4 | | and perform electrical work on elevators or related conveyance
| 5 | | covered by this Act. The Administrator may issue a limited | 6 | | elevator mechanic's license authorizing an individual to carry | 7 | | on a business of erecting, constructing, installing, altering, | 8 | | servicing, repairing, or maintaining a specific type of | 9 | | conveyance within any building or structure.
| 10 | | "Escalator" means an installation defined as an | 11 | | "escalator" in ASME A17.1.
| 12 | | "Existing installation" means an installation
defined as | 13 | | an "installation, existing" in ASME A17.1.
| 14 | | "Inspector's license" or "inspection company license"
| 15 | | means a license issued to an ASME QEI certified elevator | 16 | | inspector or inspection company that has proven the | 17 | | inspector's or the company's qualifications and ability and | 18 | | has been authorized by the Administrator to possess this type | 19 | | of license. It shall entitle the
holder thereof to engage in | 20 | | the business of inspecting elevators or related
conveyance | 21 | | covered by this Act.
| 22 | | "License" means a written license, duly issued by the | 23 | | Administrator,
authorizing a person, firm, or company to carry | 24 | | on the business of erecting,
constructing, installing, | 25 | | altering, servicing, repairing, maintaining, or
performing | 26 | | inspections of elevators or related conveyance covered by this |
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| 1 | | Act. New and renewed licenses issued after January 1, 2010
| 2 | | will include a photo of the licensee. | 3 | | "Local Administrator" means the municipality or | 4 | | municipalities or
county or counties that entered into a local | 5 | | elevator agreement with the
Administrator to operate its own | 6 | | elevator safety program in
accordance with this Act and the | 7 | | adopted administrative rules.
| 8 | | "Material alteration" means an "alteration", as defined in | 9 | | the referenced standards.
| 10 | | "Moving walk" means an installation defined as a "moving | 11 | | walk"
in ASME A17.1.
| 12 | | "Owner" means the owner of the conveyance, which could be | 13 | | an individual, a group of individuals, an association, trust, | 14 | | partnership, corporation, or person doing business under an | 15 | | assumed name. The owner may delegate his, her, or its | 16 | | authority to manage the day-to-day operations of the | 17 | | conveyance to another party, but may not delegate his, her, or | 18 | | its responsibilities and duties under this Act and the | 19 | | administrative rules. | 20 | | "Private residence" means a separate dwelling or a | 21 | | separate apartment or condominium unit in
a multiple-family
| 22 | | dwelling that is occupied by members of a single-family unit.
| 23 | | "Repair" has the meaning set forth in the referenced | 24 | | standards. "Repair" does not require a
permit.
| 25 | | "Temporarily dormant" means an elevator, dumbwaiter, or | 26 | | escalator:
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| 1 | | (1) with a power supply that has been disconnected by | 2 | | removing fuses and
placing a padlock on the mainline | 3 | | disconnect switch in the "off" position;
| 4 | | (2) with a car that is parked and hoistway doors that | 5 | | are in the closed
and latched position;
| 6 | | (3) with a wire seal on the mainline disconnect switch | 7 | | installed by a
licensed elevator inspector;
| 8 | | (4) that shall not be used again until it has been put | 9 | | in safe running
order and is in condition for use;
| 10 | | (5) requiring annual inspections for the duration of | 11 | | the temporarily
dormant status by a licensed elevator | 12 | | inspector;
| 13 | | (6) that has a "temporarily dormant" status that is | 14 | | renewable on an
annual basis, not to exceed a 5-year | 15 | | period;
| 16 | | (7) requiring the inspector to file a report with the | 17 | | Administrator describing the current conditions; and
| 18 | | (8) with a wire seal and padlock that shall not be | 19 | | removed for any
purpose without permission from the | 20 | | elevator inspector.
| 21 | | "Temporary certificate of operation" means a temporary | 22 | | certificate of operation issued by the Administrator or the
| 23 | | Local Administrator that permits the temporary use
of a | 24 | | non-compliant conveyance by the general public for a limited | 25 | | time of 30
days while minor repairs are being completed.
| 26 | | All other building transportation terms are as defined in |
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| 1 | | the latest edition of ASME A17.1 and ASME A18.1.
| 2 | | "Temporary limited authority" means an authorization | 3 | | issued, for a period
not to exceed one year, by the | 4 | | Administrator to an individual
that the Administrator deems | 5 | | qualified to perform work on a
specific type of conveyance. | 6 | | (Source: P.A. 99-22, eff. 1-1-16 .)
| 7 | | (225 ILCS 312/25)
| 8 | | (Section scheduled to be repealed on January 1, 2023)
| 9 | | Sec. 25. Elevator Safety Review Board.
| 10 | | (a) There is hereby created within the Office of the State | 11 | | Fire Marshal
the Elevator Safety Review Board, consisting of | 12 | | 17 members. The Administrator
shall appoint 3 members who | 13 | | shall be representatives
of fire
service communities. The | 14 | | Governor shall appoint the remaining 14 members of
the Board | 15 | | as follows: one representative from a major elevator | 16 | | manufacturing
company or its authorized representative; one | 17 | | representative from an elevator
servicing company; one | 18 | | representative of the architectural design
profession; one | 19 | | representative of the general public; one representative of an | 20 | | advocacy group for people with physical disabilities; one | 21 | | representative of an advocacy group for senior citizens; one | 22 | | representative nominated by
a municipality in this State with | 23 | | a population under 25,000; one
representative nominated by a | 24 | | municipality in this State with a population of 25,000 or
over | 25 | | but under 50,000; one representative nominated by a |
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| 1 | | municipality in this State with
a population of 50,000 or over | 2 | | but under 500,000; one
representative of an advocacy group for | 3 | | condominium owners;
one representative of an institution of | 4 | | higher education that
operates an in-house elevator | 5 | | maintenance program; one representative of a
building owner or | 6 | | manager; and 2 representatives of labor, one from Cook County | 7 | | and one from a county in the State other than Cook County, | 8 | | involved in the
installation, maintenance, and repair of | 9 | | elevators.
| 10 | | (b) The members constituting the Board shall be appointed | 11 | | for initial terms
as follows:
| 12 | | (1) Of the members appointed by the Administrator, 2 | 13 | | shall serve
for a term of 2 years, and one for a term of 4 | 14 | | years.
| 15 | | (2) Of the members appointed by the Governor, 2 shall | 16 | | serve for a term
of one year, 2 for terms of 2 years, 2 for | 17 | | terms of 3 years, and 4 for terms of
4 years. The | 18 | | representative of the advocacy group for senior
citizens | 19 | | shall serve an initial term of 4 years. The representative | 20 | | of an advocacy
group for condominium owners, the | 21 | | representative of
the institution of higher education that | 22 | | operates an in-house
elevator maintenance program, and | 23 | | both representatives of labor involved in the | 24 | | installation, maintenance, and repair of elevators shall | 25 | | serve an initial
term of 4 years.
| 26 | | At the expiration of their initial terms of office, the |
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| 1 | | 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. A member shall serve until his or her successor is | 7 | | appointed and qualified. The Administrator and the Governor | 8 | | may at any time remove any
of their respective appointees for | 9 | | inefficiency or neglect of duty in office.
Upon the death or | 10 | | incapacity of a member, the officer who appointed that member
| 11 | | shall fill the vacancy for the remainder of the vacated term by | 12 | | appointing a
member who is a representative of the same | 13 | | interests with which his or her
predecessor was identified. | 14 | | The members shall serve without salary, but shall
receive from | 15 | | the State expenses necessarily incurred by them in performance
| 16 | | of their duties. The Governor shall appoint one of the members | 17 | | to serve as
chairperson. The chairperson shall be the deciding | 18 | | vote in the event of a tie
vote.
| 19 | | Nine Board members shall constitute a quorum. A quorum is | 20 | | required for all Board decisions. | 21 | | (Source: P.A. 95-573, eff. 8-31-07; 96-54, eff. 7-23-09 .)
| 22 | | (225 ILCS 312/35)
| 23 | | (Section scheduled to be repealed on January 1, 2023)
| 24 | | Sec. 35. Powers and duties of the Board and Administrator.
| 25 | | (a) The Board shall consult with engineering authorities |
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| 1 | | and organizations
and
adopt rules consistent with the | 2 | | provisions of this Act for the
administration and
enforcement | 3 | | of this Act. The Board may prescribe forms to be issued in
| 4 | | connection with
the administration and enforcement of this | 5 | | Act. The rules shall establish
standards and
criteria | 6 | | consistent with this Act for licensing of elevator mechanics,
| 7 | | inspectors, and installers of
elevators,
including the | 8 | | provisions of the Safety Code for Elevators and Escalators | 9 | | (ASME
A17.1),
the provisions of the Performance-Based Safety | 10 | | Code for Elevators and Escalators (ASME A17.7), the Standard | 11 | | for the
Qualification
of Elevator Inspectors (ASME QEI-1), the | 12 | | Automated People Mover Standards
(ASCE 21), the Safety | 13 | | Requirements for Personnel Hoists and Employee Elevators
(ANSI | 14 | | A10.4), and the Safety Standard for Platform Lifts and | 15 | | Stairway Chairlifts (ASME A18.1). The Board shall adopt or | 16 | | amend and adopt the latest editions of the standards | 17 | | referenced in this subsection within 12 months after the | 18 | | effective date of the
standards.
| 19 | | The Board shall make determinations authorized by this Act | 20 | | regarding variances, interpretations, and the installation of | 21 | | new technology. Such determinations shall have a binding | 22 | | precedential effect throughout the State regarding equipment, | 23 | | structure, or the enforcement of codes unless limited by the | 24 | | Board to the fact-specific issues. | 25 | | (b) The Administrator or Local Administrator shall have | 26 | | the authority to grant exceptions and
variances from
the |
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| 1 | | literal requirements of
applicable State codes, standards, and | 2 | | regulations in cases where such
variances
would not
jeopardize | 3 | | the public
safety and
welfare. The Administrator has the right
| 4 | | to review and object to any exceptions or variances granted by
| 5 | | the Local Administrator. The Board shall have the authority to | 6 | | hear appeals, for any denial by the Local Administrator or
for | 7 | | any denial or objection by the Administrator. The Board
shall | 8 | | hold hearings, and
decide
upon such within 30 days of the | 9 | | appeal.
| 10 | | (c) The Board shall establish fee schedules for licenses, | 11 | | and registrations issued by the Administrator. The Board
shall | 12 | | also establish fee schedules for permits and
certificates for | 13 | | conveyances not under a Local
Administrator. The fees shall be | 14 | | set at an amount necessary to cover the actual
costs and | 15 | | expenses to operate
the Board
and to conduct the duties as | 16 | | described in this Act.
| 17 | | (d) The Board shall be authorized to recommend the | 18 | | amendments of applicable
legislation, when appropriate, to | 19 | | legislators.
| 20 | | (e) The Administrator may solicit the advice and expert | 21 | | knowledge of
the
Board on any matter relating to the | 22 | | administration and enforcement of this Act.
| 23 | | (f) The Administrator may employ professional, technical,
| 24 | | investigative, or
clerical help, on either a full-time or | 25 | | part-time basis, as may be necessary
for the
enforcement of | 26 | | this Act.
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| 1 | | (g) (Blank).
| 2 | | (h) Notwithstanding anything else in this Section, the | 3 | | following upgrade requirements of the 2007 edition of the | 4 | | Safety Code for Elevators and Escalators (ASME A17.1) and the | 5 | | 2005 edition of the Safety Code for Existing Elevators (ASME | 6 | | A17.3) must be completed by January 1, 2015, but the | 7 | | Administrator or Local Administrator may not require their | 8 | | completion prior to January 1, 2013: | 9 | | (i) (blank); | 10 | | (ii) car illumination; | 11 | | (iii) emergency operation and signaling devices; | 12 | | (iv) phase reversal and failure protection; | 13 | | (v) reopening device for power operated doors or | 14 | | gates; | 15 | | (vi) stop switch pits; and | 16 | | (vii) pit ladder installation in accordance with | 17 | | Section 2.2.4.2 of ASME A17.1-2007. | 18 | | (h-5) Notwithstanding anything else in this Section, the | 19 | | upgrade requirements for the restricted opening of hoistway | 20 | | doors or car doors on passenger elevators as provided for in | 21 | | the 2007 edition of the Safety Code for Elevators and | 22 | | Escalators (ASME A17.1) and the 2005 edition of the Safety | 23 | | Code for Existing Elevators (ASME A17.3) must be completed by | 24 | | January 1, 2014. | 25 | | (i) In the event that a conveyance regulated by this Act is | 26 | | altered, the alteration shall comply with the edition of ASME |
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| 1 | | A17.1 currently adopted by the Board . Notwithstanding anything | 2 | | else in this Section, the firefighter's emergency operation, | 3 | | and the hydraulic elevator cylinder or cylinders , including | 4 | | the associated safety devices outlined in Section 4.3.3(b) of | 5 | | ASME A17.3-2005, are not required to comply with the edition | 6 | | of ASME A17.1 currently adopted by the Board be upgraded | 7 | | unless: (1) there is an alteration of the controller affecting | 8 | | operation control, motion control, or combination of the 2 | 9 | | types of control, (1.1) the operation control, motion control, | 10 | | or combination of the 2 types of control are replaced, (1.2) | 11 | | there is an alteration to the hydraulic cylinder , (2) the
| 12 | | equipment fails, or (3) failing to replace the equipment | 13 | | jeopardizes the public safety and welfare as determined by the | 14 | | Local Administrator or the Board. | 15 | | (j) The Administrator may choose to require the inspection
| 16 | | of any conveyance to be performed by its own inspectors or by
| 17 | | third-party licensed inspectors employed by the Administrator. | 18 | | (k) The Board shall prescribe an inspection form, which | 19 | | shall be the only inspection form used by a licensed inspector | 20 | | in the inspection of a conveyance under this Act. | 21 | | (Source: P.A. 99-22, eff. 1-1-16 .)
| 22 | | (225 ILCS 312/95)
| 23 | | (Section scheduled to be repealed on January 1, 2023)
| 24 | | Sec. 95. New installations; annual inspections and | 25 | | registrations.
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| 1 | | (a) All new conveyance installations regulated by this Act
| 2 | | shall be performed by a person, firm, or
company to which a | 3 | | license to install or service conveyances has been issued.
| 4 | | Subsequent
to installation, the licensed person, firm, or | 5 | | company must certify compliance
with the
applicable Sections | 6 | | of this Act. Prior to any conveyance being used, the
property | 7 | | owner or
lessee must obtain a certificate of operation from | 8 | | the Administrator or Local Administrator , except that the | 9 | | conveyance may be used by the public for up to 30 days after | 10 | | the initial passed acceptance inspection while the property | 11 | | owner or lessee is in the process of obtaining an initial | 12 | | certificate of operation . A
fee as authorized by Section 35 of | 13 | | this Act or as set by the Local Administrator shall be paid for | 14 | | the certificate of operation. It shall be
the responsibility
| 15 | | of the owner to complete and submit first time
registration | 16 | | for new
installations and to pay the fee for registration, | 17 | | prior to the issuance of the initial certificate of operation .
| 18 | | (b) (Blank).
| 19 | | (c) A certificate of operation is renewable annually, | 20 | | except that a certificate of operation is renewable every 3 | 21 | | years for a conveyance (i) that is located in a building owned | 22 | | and occupied by any church, synagogue, or other building, | 23 | | structure, or place used primarily for religious worship and | 24 | | is the only conveyance in the building, (ii) that is under the | 25 | | jurisdiction of the Administrator, (iii) that is limited in | 26 | | use to 2 levels, and (iv) for which the church, synagogue, or |
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| 1 | | other building, structure, or place used primarily for | 2 | | religious worship has an annual maintenance examination that | 3 | | includes the applicable category tests. For these occupancies, | 4 | | on-site witnessing of the category test shall be witnessed | 5 | | every 3 years. Records of the applicable maintenance checks | 6 | | and elevator category test results shall be maintained on-site | 7 | | by the building owner. The certificates
of operation
or copy | 8 | | thereof, must be clearly displayed in the conveyance for
the | 9 | | benefit of code enforcement staff.
| 10 | | (Source: P.A. 96-54, eff. 7-23-09; 97-310, eff. 8-11-11 .)
| 11 | | (225 ILCS 312/140)
| 12 | | (Section scheduled to be repealed on January 1, 2023)
| 13 | | Sec. 140. Local Administrator; home rule.
| 14 | | (a) The Administrator may enter into a local elevator | 15 | | agreement with municipalities or counties under which the | 16 | | Local Administrator shall (i) issue construction permits and | 17 | | certificates of operation, (ii) provide for inspection of | 18 | | elevators , including temporary operation inspections, (iii) | 19 | | grant
exceptions and variances from the literal requirements | 20 | | of
applicable State codes, standards, and regulations in cases
| 21 | | where such variances would not jeopardize the public safety
| 22 | | and welfare, and (iv) enforce the applicable provisions of the | 23 | | Act, and levy fines in accordance with the Municipal Code or | 24 | | Counties Code. The Local Administrator may choose to require | 25 | | that inspections be performed by its own inspectors or by |
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| 1 | | private certified elevator inspectors. The Local Administrator | 2 | | may assess a reasonable fee for permits, exceptions, | 3 | | variances,
certification of operation, or inspections | 4 | | performed by its inspectors. Each agreement shall include a | 5 | | provision that the Local Administrator shall maintain for | 6 | | inspection by the Administrator copies of all applications for | 7 | | permits issued, grants or denials of
exceptions or variances, | 8 | | copies of each inspection report issued, and proper records | 9 | | showing the number of certificates of operation issued. Each | 10 | | agreement shall also include a provision that each required | 11 | | inspection be conducted by a certified elevator inspector and | 12 | | any other provisions deemed necessary by the Administrator.
| 13 | | Any safety standards or regulations adopted by a municipality | 14 | | or county under this
subsection must be at least as stringent | 15 | | as those provided for in this Act and
the rules adopted under | 16 | | this Act.
| 17 | | (b) A
home rule unit may not
regulate the inspection or | 18 | | licensure of, or
otherwise regulate, elevators and devices | 19 | | described in Section 10 of this Act
in a manner less | 20 | | restrictive than the regulation by the State of those matters
| 21 | | under this Act.
This subsection is a limitation under | 22 | | subsection (i) of Section 6 of Article
VII of the Illinois | 23 | | Constitution on the concurrent exercise by home rule units
of | 24 | | powers and functions exercised by the State.
| 25 | | (c) (Blank).
| 26 | | (d) The Administrator shall be notified of any
exception |
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| 1 | | or variance granted. The Administrator may object
to such | 2 | | exception or variance within 7 business days of
receipt of the | 3 | | notice. Should the Administrator and Local
Administrator not | 4 | | reach agreement on the exception or
variance, the matter shall | 5 | | be directed to the Board to hear
and decide. | 6 | | (e) The Local Administrator shall issue the inspection | 7 | | form prescribed by the Board pursuant to subsection (k) of | 8 | | Section 35 of this Act or an inspection form identical to the | 9 | | form prescribed by the Board, which shall be the only | 10 | | inspection form used by a person, firm, or company licensed to | 11 | | inspect conveyances under this Section. A Local Administrator | 12 | | that chooses to require that inspections be performed by its | 13 | | own inspectors shall also use the inspection form prescribed | 14 | | by the Board or an inspection form that is identical to the | 15 | | form prescribed by the Board. | 16 | | (Source: P.A. 99-22, eff. 1-1-16 .)
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.".
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