|
Public Act 097-0310
|
| SB2037 Enrolled | LRB097 10106 CEL 50287 b |
|
|
AN ACT concerning regulation.
|
Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
|
Section 5. The Elevator Safety and Regulation Act is |
amended by changing Sections 35, 95, and 120 as follows:
|
(225 ILCS 312/35)
|
(Section scheduled to be repealed on January 1, 2013)
|
Sec. 35. Powers and duties of the Board and Administrator.
|
(a) The Board shall consult with engineering authorities |
and organizations
and
adopt rules consistent with the |
provisions of this Act for the
administration and
enforcement |
of this Act. The Board may prescribe forms to be issued in
|
connection with
the administration and enforcement of this Act. |
The rules shall establish
standards and
criteria consistent |
with this Act for licensing of elevator mechanics,
inspectors, |
and installers of
elevators,
including the provisions of the |
Safety Code for Elevators and Escalators (ASME
A17.1),
the |
provisions of the Performance-Based Safety Code for Elevators |
and Escalators (ASME A17.7), the Standard for the
Qualification
|
of Elevator Inspectors (ASME QEI-1), the Automated People Mover |
Standards
(ASCE 21), the Safety Requirements for Personnel |
Hoists and Employee Elevators
(ANSI A10.4), and the Safety |
Standard for Platform Lifts and Stairway Chairlifts (ASME |
|
A18.1). The Board shall adopt or amend and adopt the latest |
editions of the standards referenced in this subsection within |
12 months after the effective date of the
standards.
|
The Board shall make determinations authorized by this Act |
regarding variances, interpretations, and the installation of |
new technology. Such determinations shall have a binding |
precedential effect throughout the State regarding equipment, |
structure, or the enforcement of codes unless limited by the |
Board to the fact-specific issues. |
(b) The Administrator or Local Administrator shall have the |
authority to grant exceptions and
variances from
the literal |
requirements of
applicable State codes, standards, and |
regulations in cases where such
variances
would not
jeopardize |
the public
safety and
welfare. The Administrator has the right
|
to review and object to any exceptions or variances granted by
|
the Local Administrator. The Board shall have the authority to |
hear appeals, for any denial by the Local Administrator or
for |
any denial or objection by the Administrator. The Board
shall |
hold hearings, and
decide
upon such within 30 days of the |
appeal.
|
(c) The Board shall establish fee schedules for licenses, |
and registrations issued by the Administrator. The Board
shall |
also establish fee schedules for permits,
certificates, and
|
inspections for conveyances not under a Local
Administrator. |
The fees shall be set at an amount necessary to cover the |
actual
costs and expenses to operate
the Board
and to conduct |
|
the duties as described in this Act.
|
(d) The Board shall be authorized to recommend the |
amendments of applicable
legislation, when appropriate, to |
legislators.
|
(e) The Administrator may solicit the advice and expert |
knowledge of
the
Board on any matter relating to the |
administration and enforcement of this Act.
|
(f) The Administrator may employ professional, technical,
|
investigative, or
clerical help, on either a full-time or |
part-time basis, as may be necessary
for the
enforcement of |
this Act.
|
(g) (Blank).
|
(h) Notwithstanding anything else in this Section, the |
following upgrade requirements of the 2007 edition of the |
Safety Code for Elevators and Escalators (ASME A17.1) and the |
2005 edition of the Safety Code for Existing Elevators (ASME |
A17.3) must be completed by January 1, 2015, but the |
Administrator or Local Administrator may not require their |
completion prior to January 1, 2013: |
(i) restricted opening of hoistway doors or car doors |
on passenger elevators; |
(ii) car illumination; |
(iii) emergency operation and signaling devices; |
(iv) phase reversal and failure protection; |
(v) reopening device for power operated doors or gates; |
(vi) stop switch pits; and |
|
(vii) pit ladder installation in accordance with |
Section 2.2.4.2 of ASME A17.1-2007. |
(i) In the event that a conveyance regulated by this Act is |
altered, the alteration shall comply with ASME A17.1. |
Notwithstanding anything else in this Section, the |
firefighter's emergency operation, and the hydraulic elevator |
cylinder, including the associated safety devices outlined in |
Section 4.3.3(b) of ASME A17.3-2005, are not required to be |
upgraded unless: (1) there is an alteration, (2) the
equipment |
fails, or (3) failing to replace the equipment jeopardizes the |
public safety and welfare as determined by the Local |
Administrator or the Board. |
(j) The Administrator may choose to require the inspection
|
of any conveyance to be performed by its own inspectors or by
|
third-party licensed inspectors employed by the Administrator. |
(Source: P.A. 95-573, eff. 8-31-07; 96-54, eff. 7-23-09.)
|
(225 ILCS 312/95)
|
(Section scheduled to be repealed on January 1, 2013)
|
Sec. 95. New installations; annual inspections and |
registrations.
|
(a) All new conveyance installations regulated by this Act
|
shall be performed by a person, firm, or
company to which a |
license to install or service conveyances has been issued.
|
Subsequent
to installation, the licensed person, firm, or |
company must certify compliance
with the
applicable Sections of |
|
this Act. Prior to any conveyance being used, the
property |
owner or
lessee must obtain a certificate of operation from the |
Administrator or Local Administrator. A
fee as authorized by |
Section 35 of this Act or as set by the Local Administrator |
shall be paid for the certificate of operation. It shall be
the |
responsibility
of the owner to complete and submit first time
|
registration for new
installations.
|
(b) (Blank).
|
(c) A certificate of operation is renewable annually, |
except that a certificate of operation is renewable every 3 |
years for a conveyance (i) that is located in a building owned |
and occupied by any church, synagogue, or other building, |
structure, or place used primarily for religious worship and is |
the only conveyance in the building, (ii) that is under the |
jurisdiction of the Administrator, (iii) that is limited in use |
to 2 levels, and (iv) for which the church, synagogue, or other |
building, structure, or place used primarily for religious |
worship has an annual maintenance examination that includes the |
applicable category tests. For these occupancies, on-site |
witnessing of the category test shall be witnessed every 3 |
years. Records of the applicable maintenance checks and |
elevator category test results shall be maintained on-site by |
the building owner. The certificates
of operation
or copy |
thereof, must be clearly displayed in the conveyance for
the |
benefit of code enforcement staff.
|
(Source: P.A. 96-54, eff. 7-23-09.)
|
|
(225 ILCS 312/120)
|
(Section scheduled to be repealed on January 1, 2013)
|
Sec. 120. Inspection and testing.
|
(a) Except as provided in subsection (c) of Section 95 of |
this Act, it It shall be the responsibility of the owner of all |
new and existing
conveyances
located in any building or |
structure to have the conveyance inspected annually
by a |
person, firm, or company to which a license to
inspect
|
conveyances has been issued. Subsequent to inspection, the |
licensed person,
firm, or
company must supply the property |
owner or lessee and the Administrator
with a
written inspection |
report describing any and all code
violations. Property owners
|
shall have 30
days from the date of the published inspection |
report to be in full compliance
by
correcting the violations. |
The Administrator shall determine whether such violations have |
been corrected and may extend the compliance dates for good |
cause, provided that such violations are minor and pose no |
threat to public safety.
|
(b) It shall be the responsibility of the owner of all |
conveyances to have a licensed elevator contractor, as defined |
in this Act, ensure that the required tests are performed at |
intervals in compliance with the ASME A 17.1, ASME A 18.1 and |
ASCE 21.
|
(c) All tests shall be performed by a licensed elevator |
mechanic.
|