Full Text of SB0149 96th General Assembly
SB0149enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Elevator Safety and Regulation Act is | 5 |
| amended by changing Sections 10, 15, 20, 25, 35, 45, 60, 80, | 6 |
| 85, 90, 95, 105, 110, 115, 125, and 140 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| (Section scheduled to be repealed on January 1, 2013)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 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):
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| (1) Hoisting and lowering mechanisms equipped with a | 16 |
| car or platform,
which move between 2 or more landings. | 17 |
| This equipment includes, but is not
limited
to, the | 18 |
| following (also see ASME A17.1, ASME A17.3, and ASME | 19 |
| A18.1):
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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 | 23 |
| persons between
landings. This equipment includes, but is |
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| not limited to, the following (also
see ASME A17.1 and ASME | 2 |
| 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 | 6 |
| car, which serves
2 or more landings and is restricted to | 7 |
| the carrying of material by its
limited
size or limited | 8 |
| access to the car. This equipment includes, but is not | 9 |
| limited
to, the
following (also see ASME A17.1 and ASME | 10 |
| A17.3):
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| (A) Dumbwaiters.
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| (B) Material lifts and dumbwaiters with automatic | 13 |
| transfer
devices.
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| (b) This Act covers the construction, operation, | 15 |
| inspection,
maintenance,
alteration, and repair of automatic | 16 |
| guided transit vehicles on guideways with
an
exclusive
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| right-of-way. This equipment includes, but is not limited to, | 18 |
| 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 within the scope of ANSI A10.5.
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| (2)
Manlifts within the scope of ASME A90.1.
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| (3) Mobile scaffolds, towers, and platforms within the | 23 |
| scope of ANSI A92.
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| (4) Powered platforms and equipment for exterior and | 25 |
| interior
maintenance within the scope of ANSI 120.1.
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| (5) Conveyors and related equipment within the scope of |
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| ASME B20.1.
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| (6) Cranes, derricks, hoists, hooks, jacks, and slings
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| within the scope of ASME B30.
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| (7) Industrial trucks within the scope of ASME B56.
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| (8) Portable equipment, except for portable escalators | 6 |
| that are covered by ANSI A17.1.
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| (9) Tiering or piling machines used to move materials | 8 |
| to and from
storage located and operating entirely within | 9 |
| one story.
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| (10) Equipment for feeding or positioning materials at | 11 |
| 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 | 16 |
| platforms, and similar
equipment used for installing an | 17 |
| elevator by a contractor licensed in this
State.
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| (15) (Blank).
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| (16) Conveyances located in a private residence not | 20 |
| accessible to the public. | 21 |
| (17) (Blank). | 22 |
| (18) Personnel hoists within the scope of
ANSI A10.4. | 23 |
| (d) This Act does not apply to a municipality with a | 24 |
| population over 500,000.
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| (Source: P.A. 94-698, eff. 11-22-05; 95-573, eff. 8-31-07.)
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| (225 ILCS 312/15)
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| (Section scheduled to be repealed on January 1, 2013)
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| Sec. 15. Definitions. For the purpose of this Act:
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| "Administrator" means the Office of the State Fire Marshal.
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| "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.
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| "ASCE 21" means the American Society of Civil Engineers | 12 |
| Automated People
Mover Standards.
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| "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 .
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| "ASME A17.3" means the Safety Code for
Existing Elevators | 17 |
| and Escalators, an American National Standard.
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| "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.
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| "Automated people mover" means an
installation as defined | 24 |
| as an "automated people mover" in ASCE 21.
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| "Board" means the Elevator Safety Review Board.
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| "Certificate of operation" means a certificate issued by |
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| the Administrator or the Local Administrator
that indicates | 2 |
| that the conveyance has passed the required safety inspection
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| and tests and fees have been paid as set forth in this Act.
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| "Conveyance" means any elevator, dumbwaiter, escalator, | 5 |
| moving sidewalk,
platform lifts, stairway chairlifts and | 6 |
| automated people movers.
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| "Elevator" means an installation defined as an
"elevator" | 8 |
| in ASME A17.1.
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| "Elevator contractor" means any person, firm, or | 10 |
| corporation who possesses
an elevator contractor's license in | 11 |
| accordance with the provisions of Sections
40 and 55 of this | 12 |
| Act and who is engaged in the business of erecting,
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| constructing, installing, altering, servicing, repairing, or | 14 |
| maintaining
elevators or related conveyance covered by this | 15 |
| Act.
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| "Elevator contractor's license" means a license issued to | 17 |
| an elevator
contractor who has proven his or her qualifications | 18 |
| and ability and has been
authorized by the Elevator Safety | 19 |
| Review Board to work on conveyance equipment. It shall entitle | 20 |
| the holder thereof to engage in the business of
constructing, | 21 |
| installing, altering, servicing, testing, repairing,
or | 22 |
| maintaining and performing electrical work on elevators or | 23 |
| related conveyances
covered by this Act within any building or | 24 |
| structure, including, but not limited to, private residences. | 25 |
| The
Administrator may issue a limited elevator contractor's | 26 |
| license authorizing a
firm or company that employs individuals |
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| to carry on a business of erecting,
constructing, installing, | 2 |
| altering, servicing, repairing, or maintaining
a specific type | 3 |
| of conveyance platform lifts and stairway chairlifts within any | 4 |
| building or structure,
excluding
private residences.
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| "Elevator helper" means an individual registered with the | 6 |
| Administrator who works under the general direction of a | 7 |
| licensed elevator mechanic.
Licensure is not required for an | 8 |
| elevator helper.
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| "Elevator industry apprentice" means an individual who is | 10 |
| enrolled in an apprenticeship program approved by the Bureau of | 11 |
| Apprenticeship and Training of the U.S. Department of Labor and | 12 |
| who is registered by the Administrator and works under the | 13 |
| general direction of a licensed elevator mechanic.
Licensure is | 14 |
| not required for an elevator industry apprentice.
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| "Elevator inspector" means any
inspector, as that term is | 16 |
| defined in ASME QEI, who possesses an elevator inspector's
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| license in accordance with the provisions of this Act.
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| "Elevator mechanic" means any person who possesses an | 19 |
| elevator mechanic's
license in accordance with the provisions | 20 |
| of Sections 40 and 45 of this Act and
who is engaged in | 21 |
| erecting, constructing, installing, altering, servicing,
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| repairing, or maintaining elevators or related conveyance | 23 |
| covered by this Act.
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| "Elevator mechanic's license" means a license issued to a | 25 |
| person who has
proven his or her qualifications and ability and | 26 |
| has been authorized by the
Elevator Safety Review Board to work |
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| on conveyance equipment. It shall entitle
the holder thereof to | 2 |
| install, construct, alter, service, repair, test,
maintain, | 3 |
| and perform electrical work on elevators or related conveyance
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| covered by this Act. The Administrator may issue a limited | 5 |
| elevator mechanic's license authorizing an individual to carry | 6 |
| on a business of erecting, constructing, installing, altering, | 7 |
| servicing, repairing, or maintaining a specific type of | 8 |
| conveyance platform lifts and stairway chairlifts within any | 9 |
| building or structure.
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| "Escalator" means an installation defined as an | 11 |
| "escalator" in ASME A17.1.
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| "Existing installation" means an installation
defined as | 13 |
| an "installation, existing" in ASME A17.1.
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| "Inspector's license" or "inspection company license"
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| means a license issued to an ASME QEI certified elevator | 16 |
| inspector or inspection company that has proven the inspector's | 17 |
| or the company's qualifications and ability and has been | 18 |
| authorized by the Elevator
Safety Review Board to possess this | 19 |
| type of license. It shall entitle the
holder thereof to engage | 20 |
| in the business of inspecting elevators or related
conveyance | 21 |
| covered by this Act.
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| "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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| Act. New and renewed licenses issued after January 1, 2010
will | 2 |
| 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.
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| "Material alteration" means an "alteration", as defined in | 9 |
| the referenced standards.
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| "Moving walk" means an installation defined as a "moving | 11 |
| walk"
in ASME A17.1.
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| "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 authority | 16 |
| to manage the day-to-day operations of the conveyance to | 17 |
| another party, but may not delegate his, her, or its | 18 |
| responsibilities and duties under this Act and the | 19 |
| administrative rules. | 20 |
| "Private residence" means a separate dwelling or a separate | 21 |
| apartment or condominium unit in
a multiple-family
dwelling | 22 |
| that is occupied by members of a single-family unit.
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| "Repair" has the meaning set forth in the referenced | 24 |
| standards. "Repair" does not require a
permit.
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| "Temporarily dormant" means an elevator, dumbwaiter, or | 26 |
| escalator:
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| (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;
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| (2) with a car that is parked and hoistway doors that | 5 |
| are in the closed
and latched position;
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| (3) with a wire seal on the mainline disconnect switch | 7 |
| installed by a
licensed elevator inspector;
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| (4) that shall not be used again until it has been put | 9 |
| in safe running
order and is in condition for use;
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| (5) requiring annual inspections for the duration of | 11 |
| the temporarily
dormant status by a licensed elevator | 12 |
| inspector;
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| (6) that has a "temporarily dormant" status that is | 14 |
| renewable on an
annual basis, not to exceed a 5-year | 15 |
| period;
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| (7) requiring the inspector to file a report with the | 17 |
| Administrator describing the current conditions; and
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| (8) with a wire seal and padlock that shall not be | 19 |
| removed for any
purpose without permission from the | 20 |
| elevator inspector.
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| "Temporary certificate of operation" means a temporary | 22 |
| certificate of operation issued by the Administrator or the
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| 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.
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| All other building transportation terms are as defined in |
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| the latest edition of ASME A17.1 and ASME A18.1.
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| "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. 94-698, eff. 11-22-05; 95-573, eff. 8-31-07.)
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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 | 11 |
| Fire Marshal
the Elevator Safety Review Board, consisting of 17 | 12 |
| 14 members. The Administrator
shall appoint 3 members who shall | 13 |
| be representatives
of fire
service communities. The Governor | 14 |
| shall appoint the remaining 14 11 members of
the Board as | 15 |
| 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 the | 22 |
| senior citizen population ; one representative nominated by
of a | 23 |
| municipality in this State with a population under 25,000; one
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| representative nominated by of a municipality in this State | 25 |
| with a population of 25,000 or
over but under 50,000; one |
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| representative nominated by of a municipality in this State | 2 |
| with
a population of 50,000 or over but under 500,000 ; one
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| representative of an advocacy group for condominium owners;
one | 4 |
| representative of an institution of higher education that
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| operates an in-house elevator maintenance program ; one | 6 |
| representative of a
building owner or manager; and 2 | 7 |
| representatives one representative of labor , one from Cook | 8 |
| County and one from a county in the State other than Cook | 9 |
| County, involved in the
installation, maintenance, and repair | 10 |
| of elevators.
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| (b) The members constituting the Board shall be appointed | 12 |
| for initial terms
as follows:
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| (1) Of the members appointed by the Administrator, 2 | 14 |
| shall serve
for a term of 2 years, and one for a term of 4 | 15 |
| years.
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| (2) Of the members appointed by the Governor, 2 shall | 17 |
| serve for a term
of one year, 2 for terms of 2 years, 2 for | 18 |
| terms of 3 years, and 4 for terms of
4 years. The | 19 |
| representative of the advocacy group for senior
citizens | 20 |
| senior citizen population shall serve an initial term of 4 | 21 |
| years. The representative of an advocacy
group for | 22 |
| condominium owners, the representative of
the institution | 23 |
| of higher education that operates an in-house
elevator | 24 |
| maintenance program, and both representatives of labor | 25 |
| involved in the installation, maintenance, and repair of | 26 |
| elevators shall serve an initial
term of 4 years.
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| At the expiration of their initial terms of office, the | 2 |
| members or their
successors shall be appointed for terms of 4 | 3 |
| years each. Upon the expiration
of a member's term of office, | 4 |
| the officer who appointed
that member shall reappoint that | 5 |
| member or appoint a successor who is a
representative of the | 6 |
| same interests with which his or her predecessor was
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| identified. The Administrator and the Governor may at any time | 8 |
| remove any
of their respective appointees for inefficiency or | 9 |
| neglect of duty in office.
Upon the death or incapacity of a | 10 |
| member, the officer who appointed that member
shall fill the | 11 |
| 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 | 13 |
| his or her
predecessor was identified. The members shall serve | 14 |
| without salary, but shall
receive from the State expenses | 15 |
| necessarily incurred by them in performance
of their duties. | 16 |
| 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 | 18 |
| event of a tie
vote.
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| Nine Board members shall constitute a quorum. A quorum is | 20 |
| required for all Board decisions. | 21 |
| (Source: P.A. 94-698, eff. 11-22-05; 95-573, eff. 8-31-07.)
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| (225 ILCS 312/35)
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| (Section scheduled to be repealed on January 1, 2013)
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| Sec. 35. Powers and duties of the Board and Administrator .
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| (a) The Board shall consult with engineering authorities |
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| 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 Act. | 5 |
| The rules shall establish
standards and
criteria consistent | 6 |
| with this Act for licensing of elevator mechanics,
inspectors, | 7 |
| and installers of
elevators,
including the provisions of the | 8 |
| Safety Code for Elevators and Escalators (ASME
A17.1),
the | 9 |
| Safety Code for Existing Elevators (ASME A17.3), the Standard | 10 |
| for the
Qualification
of Elevator Inspectors (ASME QEI-1), the | 11 |
| Automated People Mover Standards
(ASCE 21), the Safety | 12 |
| Requirements for Personnel Hoists and Employee Elevators
(ANSI | 13 |
| A10.4), and the Safety Standard for Platform Lifts and Stairway | 14 |
| Chairlifts (ASME A18.1). The Board shall adopt or amend and | 15 |
| adopt the latest editions of the standards referenced in this | 16 |
| subsection within 12 months after the effective date of the
| 17 |
| standards (a) within 6 months after the effective date of the | 18 |
| 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 Board shall | 26 |
| have the authority to grant exceptions and
variances from
the |
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| 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.
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| (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,
certificates, and
| 13 |
| inspections for conveyances not under a Local
Administrator . | 14 |
| The fees shall be set at an amount necessary to cover the | 15 |
| actual
costs and expenses to operate
the Board
and to conduct | 16 |
| the duties as 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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| (g) (Blank).
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| (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) restricted opening of hoistway doors or car doors | 10 |
| on passenger elevators; | 11 |
| (ii) car illumination; | 12 |
| (iii) emergency operation and signaling devices; | 13 |
| (iv) phase reversal and failure protection; | 14 |
| (v) reopening device for power operated doors or 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 |
| (i) In the event that a conveyance regulated by this Act is | 19 |
| altered, the alteration shall comply with ASME A17.1. | 20 |
| Notwithstanding anything else in this Section, the | 21 |
| firefighter's emergency operation, and the hydraulic elevator | 22 |
| cylinder, including the associated safety devices outlined in | 23 |
| Section 4.3.3(b) of ASME A17.3-2005, are not required to be | 24 |
| upgraded unless: (1) there is an alteration, (2) the
equipment | 25 |
| fails, or (3) failing to replace the equipment jeopardizes the | 26 |
| public safety and welfare as determined by the Local |
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| Administrator or the Board. | 2 |
| (j) The Administrator may choose to require the inspection
| 3 |
| of any conveyance to be performed by its own inspectors or by
| 4 |
| third-party licensed inspectors employed by the Administrator. | 5 |
| (Source: P.A. 94-698, eff. 11-22-05; 95-573, eff. 8-31-07.)
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| (225 ILCS 312/45)
| 7 |
| (Section scheduled to be repealed on January 1, 2013)
| 8 |
| Sec. 45. Qualifications for elevator mechanic's license; | 9 |
| emergency and temporary licensure ; limited elevator mechanic's | 10 |
| license .
| 11 |
| (a) No license shall be granted to any person who has not | 12 |
| paid the required
application fee.
| 13 |
| (b) No license shall be granted to any person who has not | 14 |
| proven his or her
qualifications and abilities. | 15 |
| (c) Applicants for an elevator mechanic's license
must
| 16 |
| demonstrate one of the
following qualifications:
| 17 |
| (1) an acceptable combination of documented experience | 18 |
| and education
credits consisting of: (A) not less than 3 | 19 |
| years work experience in the
elevator
industry, in | 20 |
| construction, maintenance, or service and repair, as | 21 |
| verified by
current and previous employers licensed to do | 22 |
| business in this State or in another state if the Board | 23 |
| deems that out-of-State experience equivalent; and (B)
| 24 |
| satisfactory completion of a written examination | 25 |
| administered by the Elevator
Safety Review Board or its |
|
|
|
SB0149 Enrolled |
- 17 - |
LRB096 06207 ASK 16289 b |
|
| 1 |
| designated provider on the adopted rules and referenced | 2 |
| codes;
| 3 |
| (2) acceptable proof that he or she has worked as an | 4 |
| elevator constructor,
maintenance, or repair person; | 5 |
| acceptable proof shall consist of documentation
that he or | 6 |
| she worked without direct and immediate supervision for an | 7 |
| elevator
contractor who has worked on elevators in this | 8 |
| State for a period of not less
than
3
years immediately | 9 |
| preceding the effective date of the final rules adopted by | 10 |
| the Board under Section 35 of this Act that implement this | 11 |
| Act; the person must make
application by December 31, 2007; | 12 |
| however, all licenses issued under the provisions of this | 13 |
| item (2) between May 1, 2006 and the effective date of this | 14 |
| amendatory Act of the 95th General Assembly are deemed | 15 |
| valid;
| 16 |
| (3) a certificate of successful completion of the | 17 |
| mechanic examination
of a
nationally recognized training | 18 |
| program for the elevator industry, such as the
National | 19 |
| Elevator Industry Educational Program or its equivalent;
| 20 |
| (4) a certificate of completion of an elevator mechanic | 21 |
| apprenticeship
program with standards substantially equal | 22 |
| to those of this Act and
registered
with the Bureau of | 23 |
| Apprenticeship and Training, U.S. Department of Labor, or a
| 24 |
| State apprenticeship council; or
| 25 |
| (5) a valid license from a state having standards | 26 |
| substantially equal to
those of this State.
|
|
|
|
SB0149 Enrolled |
- 18 - |
LRB096 06207 ASK 16289 b |
|
| 1 |
| (d) Whenever an emergency exists in the State due to a
| 2 |
| disaster, act of God, or
work stoppage and the number of | 3 |
| persons in the State holding licenses granted
by the
Board is | 4 |
| insufficient to cope with the emergency, the licensed elevator
| 5 |
| contractor shall
respond as necessary to ensure the safety of | 6 |
| the public. Any person certified
by a licensed
elevator | 7 |
| contractor to have an acceptable combination of documented | 8 |
| experience
and
education to perform elevator work without | 9 |
| direct and immediate supervision
shall seek
an emergency | 10 |
| elevator mechanic's license from the Administrator
within 5 | 11 |
| business days after commencing work requiring a license. The
| 12 |
| Administrator
shall issue emergency elevator mechanic's | 13 |
| licenses. The applicant shall furnish
proof of
competency as | 14 |
| the Administrator may require. Each license shall recite that | 15 |
| it
is valid for a
period of 60 days from the date thereof and | 16 |
| for such particular elevators
or
geographical areas as the | 17 |
| Administrator may designate and otherwise shall
entitle the
| 18 |
| licensee to the rights and privileges of an elevator mechanic's | 19 |
| license issued
under this
Act. The Administrator shall renew an | 20 |
| emergency elevator mechanic's license
during the
existence of | 21 |
| an emergency. No fee may be charged for any emergency elevator
| 22 |
| mechanic's license or renewal thereof. | 23 |
| (e) A licensed elevator contractor shall notify the | 24 |
| Administrator when there
are no
licensed personnel available to | 25 |
| perform elevator work. The licensed elevator
contractor
may | 26 |
| request that the Administrator issue temporary elevator |
|
|
|
SB0149 Enrolled |
- 19 - |
LRB096 06207 ASK 16289 b |
|
| 1 |
| mechanic's licenses
to
persons certified by the licensed | 2 |
| elevator contractor to have an acceptable
combination of
| 3 |
| documented experience and education to perform elevator work | 4 |
| without direct and
immediate supervision. Any person certified | 5 |
| by a licensed elevator contractor
to have an
acceptable | 6 |
| combination of documented experience and education to perform
| 7 |
| elevator
work without direct and immediate supervision shall | 8 |
| immediately seek a
temporary
elevator mechanic's license from | 9 |
| the Administrator and shall pay such fee as
the Board
shall | 10 |
| determine. The applicant for temporary licensure shall furnish | 11 |
| proof of competency as the Administrator may require.
Each | 12 |
| license shall recite that it is valid for a period of
30 days | 13 |
| from
the date of issuance and while employed by the licensed | 14 |
| elevator contractor
that certified
the individual as | 15 |
| qualified. It shall be renewable as long as the shortage of
| 16 |
| license holders continues.
| 17 |
| (f) An applicant for a limited elevator mechanic's license
| 18 |
| must demonstrate that he or she meets the qualifications of
| 19 |
| subsection (c)(1). | 20 |
| (g) The Administrator may issue temporary limited | 21 |
| authority to an individual that the Administrator deems
| 22 |
| qualified to work on a specific type of conveyance. The | 23 |
| applicant shall furnish any proof of competency that the | 24 |
| Administrator may require and must obtain a permanent license | 25 |
| within one year. | 26 |
| (Source: P.A. 94-698, eff. 11-22-05; 95-573, eff. 8-31-07.)
|
|
|
|
SB0149 Enrolled |
- 20 - |
LRB096 06207 ASK 16289 b |
|
| 1 |
| (225 ILCS 312/60)
| 2 |
| (Section scheduled to be repealed on January 1, 2013)
| 3 |
| Sec. 60. Issuance and renewal of licenses; fees.
| 4 |
| (a) Upon approval of an application, and receipt of the
| 5 |
| fee, the Administrator may
issue a license that must be renewed | 6 |
| every 2 years. The renewal fee for the
license shall be
set by | 7 |
| the Board.
| 8 |
| (b) (Blank).
| 9 |
| (c) (Blank).
| 10 |
| (d) The renewal of all licenses granted under the | 11 |
| provisions of this Section
shall
be conditioned upon the | 12 |
| submission of a certificate of completion of a course
designed | 13 |
| to
ensure the continuing education of licensees on new and | 14 |
| existing provisions of
the
rules of the Elevator Safety Review | 15 |
| Board. Such course shall consist of
not less
than 8 hours of | 16 |
| instruction , which shall include a minimum of 2 hours of code
| 17 |
| updates, that shall be attended and completed within one
year
| 18 |
| immediately preceding any such license renewal.
| 19 |
| (e) The courses referred to in subsection (d) of this | 20 |
| Section shall be
taught
by instructors
through
continuing | 21 |
| education providers that may include, but shall not be limited | 22 |
| to,
association
seminars and labor training programs. The | 23 |
| Elevator Safety Review Board shall
approve
the continuing | 24 |
| education providers. All instructors shall be approved by the
| 25 |
| Board and
shall be exempt from the requirements of subsection |
|
|
|
SB0149 Enrolled |
- 21 - |
LRB096 06207 ASK 16289 b |
|
| 1 |
| (d) of this Section with
regard to their
applications
for | 2 |
| license renewal, provided that such applicant was qualified as | 3 |
| an
instructor
at any time
during the one year immediately | 4 |
| preceding the scheduled date for such renewal.
| 5 |
| (f) A licensee who is unable to complete the continuing | 6 |
| education course
required
under this Section prior to the | 7 |
| expiration of his or her license due to a
temporary
disability
| 8 |
| may apply for a waiver from the Board. This shall be on a form | 9 |
| provided by the
Board,
which shall be signed under the penalty | 10 |
| of perjury and accompanied
by a
certified statement from a | 11 |
| competent physician attesting to such temporary
disability.
| 12 |
| Upon the termination of such temporary disability, the licensee | 13 |
| shall submit to
the Board
a certified statement from the same | 14 |
| physician, if practicable, attesting to the
termination
of the | 15 |
| temporary disability, at which time a waiver sticker, valid for | 16 |
| 90 days,
shall be
issued to the licensee and affixed to his or | 17 |
| her license.
| 18 |
| (g) Approved training providers shall keep for a period of | 19 |
| 10 years uniform
records of attendance of licensees following a | 20 |
| format approved by the Board.
These
records shall be available | 21 |
| for inspection by the Board at its request. Approved
training
| 22 |
| providers shall be responsible for the security of all | 23 |
| attendance records and
certificates of
completion, provided | 24 |
| that falsifying or knowingly allowing another to
falsify
| 25 |
| attendance records or certificates of completion shall | 26 |
| constitute grounds for
suspension or
revocation of the approval |
|
|
|
SB0149 Enrolled |
- 22 - |
LRB096 06207 ASK 16289 b |
|
| 1 |
| required under this Section.
| 2 |
| (Source: P.A. 94-698, eff. 11-22-05.)
| 3 |
| (225 ILCS 312/80)
| 4 |
| (Section scheduled to be repealed on January 1, 2013)
| 5 |
| Sec. 80. Registration of existing elevators, platform | 6 |
| lifts, dumbwaiters,
escalators, moving walks, and any other | 7 |
| conveyance. Within 6 months after the
date of
the adoption of | 8 |
| the final rules that implement this Act, the owner or lessee of | 9 |
| every existing conveyance
shall
register with the | 10 |
| Administrator each elevator, dumbwaiter, platform lift,
| 11 |
| escalator, or
other device described in Section 10 of this Act | 12 |
| and provide the type, rated
load and
speed, name of
| 13 |
| manufacturer, its location, the purpose for which it is used, | 14 |
| and such
additional
information as the Administrator may | 15 |
| require. Elevators, dumbwaiters,
platform lifts,
escalators, | 16 |
| moving walks, or other conveyances of which construction has | 17 |
| begun
subsequent to the date of the creation of the Board shall | 18 |
| be registered by the owner at the
time they are
completed and | 19 |
| placed in service.
| 20 |
| (Source: P.A. 94-698, eff. 11-22-05; 95-573, eff. 8-31-07.)
| 21 |
| (225 ILCS 312/85)
| 22 |
| (Section scheduled to be repealed on January 1, 2013)
| 23 |
| Sec. 85. Compliance. It shall be the responsibility of | 24 |
| individuals,
firms, or
companies licensed as
described in this |
|
|
|
SB0149 Enrolled |
- 23 - |
LRB096 06207 ASK 16289 b |
|
| 1 |
| Act
to ensure that installation or service and maintenance of | 2 |
| elevators and devices
described
in Section 10 of this Act is | 3 |
| performed in compliance with the provisions
contained in
this | 4 |
| Act
and applicable fire and building codes .
| 5 |
| (Source: P.A. 95-573, eff. 8-31-07.)
| 6 |
| (225 ILCS 312/90)
| 7 |
| (Section scheduled to be repealed on January 1, 2013)
| 8 |
| Sec. 90. Permits.
| 9 |
| (a) No conveyance covered by this Act shall be erected, | 10 |
| constructed,
installed,
or altered within buildings or | 11 |
| structures within this State unless a permit has
been
obtained | 12 |
| from the Administrator or the Local Administrator a | 13 |
| municipality or other unit of local
government before the work | 14 |
| is commenced. The Local
Administrator
If the permit is obtained
| 15 |
| from
a municipality or other unit of local government, the | 16 |
| municipality or other
unit of local
government that issued the | 17 |
| permit shall
keep all permits it issues the permit on file for | 18 |
| a period of not less than 2 one year from the date of
issuance | 19 |
| and send a copy to the Administrator for inspection .
Where
any | 20 |
| material alteration is made, the device shall conform to | 21 |
| applicable
requirements in
ASME A17.1, ASME A18.1, or ASCE 21. | 22 |
| No permit required under this
Section
shall be
issued
except to | 23 |
| a person, firm, or corporation holding a current elevator
| 24 |
| contractor's license,
duly issued pursuant to this Act, except | 25 |
| that a permit to alter a conveyance may be issued to an entity |
|
|
|
SB0149 Enrolled |
- 24 - |
LRB096 06207 ASK 16289 b |
|
| 1 |
| exempted from licensure under subsection (a) of Section 40 of | 2 |
| this Act. A copy of the permit shall be kept at the
| 3 |
| construction
site at all times while the work is in progress.
| 4 |
| (b) The permit fee shall be as set by the Board. Permit | 5 |
| fees collected are
non-refundable.
| 6 |
| (c) Each application for a permit shall be accompanied by | 7 |
| applicable fees and
by
copies of specifications and accurately | 8 |
| scaled and fully dimensioned plans
showing the
location of the | 9 |
| installation in relation to the plans and elevation of the
| 10 |
| building, the
location of the machinery room and the equipment | 11 |
| to be installed, relocated, or
altered,
and all structural | 12 |
| supporting members thereof, including foundations. The | 13 |
| applicant
shall also
specify all materials to be employed and | 14 |
| all loads to be supported or conveyed.
These
plans and | 15 |
| specifications shall be sufficiently complete to illustrate | 16 |
| all
details of
construction and design.
| 17 |
| (d) Permits may be revoked for the following reasons:
| 18 |
| (1) Any false statements or misrepresentation as to the | 19 |
| material
facts in the application, plans, or | 20 |
| specifications on which the permit was
based.
| 21 |
| (2) The permit was issued in error and should not have | 22 |
| been
issued
in accordance with the code.
| 23 |
| (3) The work detailed under the permit is not being | 24 |
| performed in
accordance with the provisions of the | 25 |
| application, plans, or specifications or
with
the code or | 26 |
| conditions of the permit.
|
|
|
|
SB0149 Enrolled |
- 25 - |
LRB096 06207 ASK 16289 b |
|
| 1 |
| (4) The elevator contractor to whom the permit was | 2 |
| issued fails or
refuses to comply with a "stop work" order.
| 3 |
| (5) If the work authorized by a permit is not commenced | 4 |
| within 6 months
after
the date of issuance, or within a | 5 |
| shorter period of time as the Administrator or Local | 6 |
| Administrator his or her
duly authorized representative in | 7 |
| his or her discretion may specify at the time
the
permit is
| 8 |
| issued.
| 9 |
| (6) If the work is suspended or abandoned for a period | 10 |
| of 180 60 days, or
shorter
period
of time as the | 11 |
| Administrator or Local Administrator his or her duly | 12 |
| authorized representative
in his
or her discretion
may | 13 |
| specify at the time the permit is issued, after the work | 14 |
| has been started.
For good
cause, the Administrator or | 15 |
| Local Administrator his or her representative may allow an
| 16 |
| extension of
this
period at his or her discretion.
| 17 |
| (e) (Blank).
| 18 |
| (f) All conveyance construction or alteration documents | 19 |
| shall be submitted to the Administrator or Local Administrator | 20 |
| for a permit. The documents for a new or altered building must | 21 |
| first have been reviewed and approved by the local governmental | 22 |
| authority as meeting the local building and fire code. In those | 23 |
| jurisdictions where the municipality or county has not signed a | 24 |
| local elevator agreement with the Administrator and the | 25 |
| municipality or county does not have a means by which it | 26 |
| approves building documents or issues building permits, the |
|
|
|
SB0149 Enrolled |
- 26 - |
LRB096 06207 ASK 16289 b |
|
| 1 |
| conveyance construction or alteration documents shall be | 2 |
| submitted to the Administrator along with the owner-supplied, | 3 |
| sealed technical submissions from a licensed architect or | 4 |
| engineer. The Administrator has authority to charge a document | 5 |
| review fee for this service. | 6 |
| (Source: P.A. 94-698, eff. 11-22-05; 95-573, eff. 8-31-07.)
| 7 |
| (225 ILCS 312/95)
| 8 |
| (Section scheduled to be repealed on January 1, 2013)
| 9 |
| Sec. 95. New installations; annual inspections and | 10 |
| registrations.
| 11 |
| (a) All new conveyance installations regulated by this Act
| 12 |
| shall be performed by a person, firm, or
company to which a | 13 |
| license to install or service conveyances has been issued.
| 14 |
| Subsequent
to installation, the licensed person, firm, or | 15 |
| company must certify compliance
with the
applicable Sections of | 16 |
| this Act. Prior to any conveyance being used, the
property | 17 |
| owner or
lessee must obtain a certificate of operation from the | 18 |
| Administrator or Local Administrator . A
fee as authorized by | 19 |
| Section 35 of this Act or as set by the Local Administrator | 20 |
| shall be paid for the certificate of operation. It shall be
the | 21 |
| responsibility
of the owner licensed elevator contractor to | 22 |
| complete and submit first time
registration for new
| 23 |
| installations.
| 24 |
| (b) (Blank).
| 25 |
| (c) A certificate of operation is renewable annually. The |
|
|
|
SB0149 Enrolled |
- 27 - |
LRB096 06207 ASK 16289 b |
|
| 1 |
| certificates Certificates
of operation
or copy thereof, must be | 2 |
| clearly displayed in the conveyance on or in each conveyance or | 3 |
| in the machine room for
use for
the benefit of code enforcement | 4 |
| staff.
| 5 |
| (Source: P.A. 94-698, eff. 11-22-05.)
| 6 |
| (225 ILCS 312/105)
| 7 |
| (Section scheduled to be repealed on January 1, 2013)
| 8 |
| Sec. 105. Enforcement ; Investigation .
| 9 |
| (a) It shall be the duty of the Administrator Elevator | 10 |
| Safety Review Board
to develop an
enforcement program to ensure | 11 |
| compliance with rules and
requirements
referenced in this Act. | 12 |
| This shall include, but shall not be limited to,
rules for
| 13 |
| identification of property locations that are subject to the | 14 |
| rules and
requirements; issuing notifications to violating | 15 |
| property owners or operators,
random on-site inspections, and | 16 |
| tests on existing installations; witnessing
periodic
| 17 |
| inspections and
testing in order to ensure satisfactory | 18 |
| performance by licensed persons, firms,
or
companies; and | 19 |
| assisting in development of public awareness programs.
| 20 |
| (b) Any person may make a request for an investigation into | 21 |
| an alleged
violation
of
this Act by giving notice to the | 22 |
| Administrator or Local Administrator
of such violation or
| 23 |
| danger. The
notice shall be in writing, shall set forth with | 24 |
| reasonable particularity the
grounds for the
notice, and shall | 25 |
| be signed by the person making the request. Upon the request
of |
|
|
|
SB0149 Enrolled |
- 28 - |
LRB096 06207 ASK 16289 b |
|
| 1 |
| any
person signing the notice, the person's name shall not | 2 |
| appear on any copy of
the notice
or any record published, | 3 |
| released, or made available. If the Local Administrator
| 4 |
| determines that there are reasonable grounds to believe that
| 5 |
| such violation or danger exists, the Local Administrator shall
| 6 |
| forward the request for an investigation to the Administrator.
| 7 |
| (c) If, upon receipt of such notification, the | 8 |
| Administrator
determines
that there
are
reasonable grounds to | 9 |
| believe that such violation or danger exists, the
Administrator
| 10 |
| shall cause to be made or permit the Local Administrator to | 11 |
| conduct an investigation in accordance
with the provisions of
| 12 |
| this Act as
soon as practicable to determine if such violation | 13 |
| or danger exists. If the
Administrator determines that there | 14 |
| are no reasonable
grounds to believe that a
violation or
danger | 15 |
| exists, he or she shall notify the party in writing of such
| 16 |
| determination.
| 17 |
| (d) (Blank).
| 18 |
| (Source: P.A. 94-698, eff. 11-22-05; 95-573, eff. 8-31-07.)
| 19 |
| (225 ILCS 312/110)
| 20 |
| (Section scheduled to be repealed on January 1, 2013)
| 21 |
| Sec. 110. Liability.
| 22 |
| (a) This Act shall not be construed to relieve or lessen | 23 |
| the responsibility
or
liability of any person, firm, or | 24 |
| corporation owning, operating, controlling,
maintaining,
| 25 |
| erecting, constructing, installing, altering, inspecting, |
|
|
|
SB0149 Enrolled |
- 29 - |
LRB096 06207 ASK 16289 b |
|
| 1 |
| testing, or repairing
any elevator or
other related mechanisms | 2 |
| covered by this Act for damages to person or property
caused
by | 3 |
| any defect therein, nor does the State or any unit of local | 4 |
| government
assume any such liability or
responsibility
| 5 |
| therefore or any liability to any person for whatever reason | 6 |
| whatsoever by the
adoption of
this Act or any acts or omissions | 7 |
| arising under this Act.
| 8 |
| (b) Any owner or lessee who violates any of the provisions | 9 |
| of this Act may be subject to a fine not to exceed $1,500
per | 10 |
| day for each violation of this Act or rules
adopted pursuant to | 11 |
| this Act
is guilty of a Class C misdemeanor .
| 12 |
| (c) (Blank).
| 13 |
| (Source: P.A. 94-698, eff. 11-22-05; 95-573, eff. 8-31-07.)
| 14 |
| (225 ILCS 312/115)
| 15 |
| (Section scheduled to be repealed on January 1, 2013)
| 16 |
| Sec. 115. Provisions not retroactive. The provisions of | 17 |
| this Act are not
retroactive unless otherwise stated, and | 18 |
| equipment shall be required to comply
with the
applicable code | 19 |
| at the date of its installation or within the period determined
| 20 |
| by the Board
for compliance with ASME A17.3, whichever is more | 21 |
| stringent . If, upon the
inspection
of any device covered by | 22 |
| this Act, the equipment is found in dangerous
condition or | 23 |
| there
is an immediate hazard to those riding or using such | 24 |
| equipment or if the
design or the
method of operation in | 25 |
| combination with devices used is considered inherently
|
|
|
|
SB0149 Enrolled |
- 30 - |
LRB096 06207 ASK 16289 b |
|
| 1 |
| dangerous
in the opinion of the Administrator, he or she shall | 2 |
| notify the owner of the
condition and shall
order such | 3 |
| alterations or additions as may be deemed necessary to | 4 |
| eliminate the
dangerous condition.
| 5 |
| (Source: P.A. 92-873, eff. 6-1-03.)
| 6 |
| (225 ILCS 312/125)
| 7 |
| (Section scheduled to be repealed on January 1, 2013)
| 8 |
| Sec. 125. State law, code, or regulation; rule compliance. | 9 |
| Whenever a provision in this
Act is found to be inconsistent | 10 |
| with any provision of another applicable State
law, code, or
| 11 |
| rule, this Act the State law shall prevail. This Act, unless | 12 |
| specifically
stated otherwise, is
not intended to establish | 13 |
| more stringent or more restrictive standards than
standards set
| 14 |
| forth in other applicable State laws. | 15 |
| Any rule adopted under this Act that requires compliance | 16 |
| specifically beginning in 2009 and any rule adopted under this | 17 |
| Act that requires compliance specifically beginning in 2011 | 18 |
| shall be deemed to require compliance beginning in 2013 instead | 19 |
| of 2009 or 2011.
| 20 |
| (Source: P.A. 95-767, eff. 7-29-08.)
| 21 |
| (225 ILCS 312/140)
| 22 |
| (Section scheduled to be repealed on January 1, 2013)
| 23 |
| Sec. 140. Local Administrator regulation ; home rule.
| 24 |
| (a) The Administrator may enter into a local elevator |
|
|
|
SB0149 Enrolled |
- 31 - |
LRB096 06207 ASK 16289 b |
|
| 1 |
| agreement contracts with municipalities or counties under | 2 |
| which the Local Administrator municipalities or counties shall | 3 |
| (i) issue construction permits and certificates of operation, | 4 |
| (ii) provide for inspection of elevators, including temporary | 5 |
| operation inspections, (iii) grant
exceptions and variances | 6 |
| from the literal requirements of
applicable State codes, | 7 |
| standards, and regulations in cases
where such variances would | 8 |
| not jeopardize the public safety
and welfare, and (iv) (iii) | 9 |
| enforce the applicable provisions of the Act , and levy fines in | 10 |
| accordance with the Municipal Code or Counties Code . The Local | 11 |
| Administrator municipality or county may choose to require that | 12 |
| inspections be performed by its own inspectors or by private | 13 |
| certified elevator inspectors. The Local Administrator | 14 |
| municipality or county may assess a reasonable fee for permits, | 15 |
| exceptions, variances,
certification of operation, or | 16 |
| inspections performed by its inspectors. Each agreement | 17 |
| contract shall include a provision that the Local Administrator | 18 |
| municipality or county shall maintain for inspection by the | 19 |
| Administrator copies of all applications for permits issued, | 20 |
| grants or denials of
exceptions or variances, copies of each | 21 |
| inspection report issued, and proper records showing the number | 22 |
| of certificates of operation issued. Each agreement contract | 23 |
| shall also include a provision that each required inspection be | 24 |
| conducted by a certified elevator inspector and any other | 25 |
| provisions deemed necessary by the Administrator.
Any safety | 26 |
| standards or regulations adopted by a municipality or county |
|
|
|
SB0149 Enrolled |
- 32 - |
LRB096 06207 ASK 16289 b |
|
| 1 |
| under this
subsection must be at least as stringent as those | 2 |
| provided for in this Act and
the rules adopted under this Act.
| 3 |
| (b) A
home rule unit may not
regulate the inspection or | 4 |
| licensure of, or
otherwise regulate, elevators and devices | 5 |
| described in Section 10 of this Act
in a manner less | 6 |
| restrictive than the regulation by the State of those matters
| 7 |
| under this Act.
This subsection is a limitation under | 8 |
| subsection (i) of Section 6 of Article
VII of the Illinois | 9 |
| Constitution on the concurrent exercise by home rule units
of | 10 |
| powers and functions exercised by the State.
| 11 |
| (c) (Blank).
| 12 |
| (d) The Administrator shall be notified of any
exception or | 13 |
| variance granted. The Administrator may object
to such | 14 |
| exception or variance within 7 business days of
receipt of the | 15 |
| notice. Should the Administrator and Local
Administrator not | 16 |
| reach agreement on the exception or
variance, the matter shall | 17 |
| be directed to the Board to hear
and decide. | 18 |
| (Source: P.A. 94-698, eff. 11-22-05.)
| 19 |
| (430 ILCS 80/Act rep.)
| 20 |
| Section 15. The Elevator Installation Act is repealed. | 21 |
| Section 99. Effective date. This Act takes effect upon | 22 |
| becoming law. |
|