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Public Act 92-0873
SB1701 Enrolled LRB9212107ACsb
AN ACT in relation to professional regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Elevator Safety and Regulation Act.
Section 5. Purpose. The purpose of this Act is to
provide for the public safety of life and limb and to promote
public safety awareness. The use of unsafe and defective
lifting devices imposes a substantial probability of serious
and preventable injury to employees and the public exposed to
unsafe conditions. The prevention of these injuries and
protection of employees and the public from unsafe conditions
is in the best interest of the people of this State. Elevator
personnel performing work covered by this Act shall, by
documented training or experience or both, be familiar with
the operation and safety functions of the components and
equipment. Training and experience shall include, but not be
limited to, recognizing the safety hazards and performing the
procedures to which they are assigned in conformance with the
requirements of the Act. This Act shall establish the minimum
standards for elevator personnel.
This Act is not intended to interfere with the powers of
municipalities or the home rule powers of a municipality with
a population over 500,000, including the power to license and
regulate any profession or occupation.
The provisions of this Act are not intended to prevent
the use of systems, methods, or devices of equivalent or
superior quality, strength, fire resistance, code
effectiveness, durability, and safety to those required by
the Act, provided that there is technical documentation to
demonstrate the equivalency of the system, method, or device,
as prescribed in ASME A17.1, ASME A18.1, or ASCE 21.
Section 10. Applicability.
(a) This Act covers the design, construction, operation,
inspection, testing, maintenance, alteration, and repair of
the following equipment, its associated parts, and its
hoistways (except as modified by subsection (c) of this
Section):
(1) Hoisting and lowering mechanisms equipped with a
car or platform, which move between 2 or more landings.
This equipment includes, but is not limited to, the
following (also see ASME A17.1, ASME A17.3, ASME A18.1,
and ANSI A10.4):
(A) Elevators.
(B) Platform lifts and stairway chair lifts.
(2) Power driven stairways and walkways for carrying
persons between landings. This equipment includes, but is
not limited to, the following (also see ASME A17.1 and
ASME A17.3):
(A) Escalators.
(B) Moving walks.
(3) Hoisting and lowering mechanisms equipped with a
car, which serves 2 or more landings and is restricted to
the carrying of material by its limited size or limited
access to the car. This equipment includes, but is not
limited to, the following (also see ASME A17.1 and ASME
A17.3):
(A) Dumbwaiters.
(B) Material lifts and dumbwaiters with
automatic transfer devices.
(b) This Act covers the design, construction, operation,
inspection, maintenance, alteration, and repair of automatic
guided transit vehicles on guideways with an exclusive
right-of-way. This equipment includes, but is not limited to,
automated people movers (also see ASCE 21).
(c) This Act does not apply to the following equipment:
(1) Material hoists.
(2) Belt manlifts.
(3) Mobile scaffolds, towers, and platforms, except
those covered by ANSI A10.4.
(4) Powered platforms and equipment for exterior and
interior maintenance.
(5) Conveyors and related equipment.
(6) Cranes, derricks, hoists, hooks, jacks, and
slings.
(7) Industrial trucks.
(8) Portable equipment, except for portable
escalators.
(9) Tiering or piling machines used to move
materials to and from storage located and operating
entirely within one story.
(10) Equipment for feeding or positioning materials
at machine tools, printing presses, etc.
(11) Skip or furnace hoists.
(12) Wharf ramps.
(13) Railroad car lifts or dumpers.
(14) Line jacks, false cars, shafters, moving
platforms, and similar equipment used for installing an
elevator by a contractor licensed in this State.
(15) Railway and Transit Systems.
Section 15. Definitions. For the purpose of this Act:
"Administrator" means the Office of the State Fire
Marshal.
"ANSI A10.4" means the safety requirements for personnel
hoists, an American National Standard.
"ASCE 21" means the American Society of Civil Engineers
Automated People Mover Standards.
"ASME A17.1" means the Safety Code for Elevators and
Escalators, an American National Standard.
"ASME A17.3" means the Safety Code for Existing Elevators
and Escalators, an American National Standard.
"ASME A18.1" means the Safety Standard for Platform Lifts
and Stairway Chairlifts, an American National Standard.
"Automated people mover" means an installation as defined
as an "automated people mover" in ASCE 21.
"Board" means the Elevator Safety Review Board.
"Certificate of operation" means a certificate issued by
the Administrator that indicates that the conveyance has
passed the required safety inspection and tests and fees have
been paid as set forth in this Act. The Administrator may
issue a temporary certificate of operation that permits the
temporary use of a non-compliant conveyance by the general
public for a limited time of 30 days while minor repairs are
being completed.
"Conveyance" means any elevator, dumbwaiter, escalator,
moving sidewalk, platform lifts, stairway chairlifts and
automated people movers.
"Elevator" means an installation defined as an "elevator"
in ASME A17.1.
"Elevator contractor" means any person, firm, or
corporation who possesses an elevator contractor's license in
accordance with the provisions of Sections 40 and 55 of this
Act and who is engaged in the business of erecting,
constructing, installing, altering, servicing, repairing, or
maintaining elevators or related conveyance covered by this
Act.
"Elevator contractor's license" means a license issued
to an elevator contractor who has proven his or her
qualifications and ability and has been authorized by the
Elevator Safety Review Board to possess this type of license.
It shall entitle the holder thereof to engage in the business
of erecting, constructing, installing, altering, servicing,
testing, repairing, or maintaining elevators or related
conveyance covered by this Act. The Administrator may issue
a limited elevator contractor's license authorizing a firm or
company that employs individuals to carry on a business of
erecting, constructing, installing, altering, servicing,
repairing, or maintaining platform lifts and stairway
chairlifts within any building or structure, including but
not limited to private residences.
"Elevator inspector" means any person who possesses an
elevator inspector's license in accordance with the
provisions of this Act or any person who performs the duties
and functions of an elevator inspector for any unit of local
government with a population greater than 500,000 prior to or
on the effective date of this Act.
"Elevator mechanic" means any person who possesses an
elevator mechanic's license in accordance with the provisions
of Sections 40 and 45 of this Act and who is engaged in
erecting, constructing, installing, altering, servicing,
repairing, or maintaining elevators or related conveyance
covered by this Act.
"Elevator mechanic's license" means a license issued to a
person who has proven his or her qualifications and ability
and has been authorized by the Elevator Safety Review Board
to work on conveyance equipment. It shall entitle the holder
thereof to install, construct, alter, service, repair, test,
maintain, and perform electrical work on elevators or related
conveyance covered by this Act.
"Escalator" means an installation defined as an
"escalator" in ASME A17.1.
"Existing installation" means an installation defined as
an "installation, existing" in ASME A17.1.
"Inspector's license" means a license issued to a person
who has proven his or her qualifications and ability and has
been authorized by the Elevator Safety Review Board to
possess this type of license. It shall entitle the holder
thereof to engage in the business of inspecting elevators or
related conveyance covered by this Act.
"License" means a written license, duly issued by the
Administrator, authorizing a person, firm, or company to
carry on the business of erecting, constructing, installing,
altering, servicing, repairing, maintaining, or performing
inspections of elevators or related conveyance covered by
this Act.
"Material alteration" means an "alteration" as defined by
the Board.
"Moving walk" means an installation as defined a "moving
walk" in ASME A17.1.
"Private residence" means a separate dwelling or a
separate apartment in a multiple dwelling that is occupied by
members of a single-family unit.
"Repair" has the meaning defined by the Board, which does
not require a permit.
"Temporarily dormant" means an elevator, dumbwaiter, or
escalator:
(1) with a power supply that has been disconnected
by removing fuses and placing a padlock on the mainline
disconnect switch in the "off" position;
(2) with a car that is parked and hoistway doors
that are in the closed and latched position;
(3) with a wire seal on the mainline disconnect
switch installed by a licensed elevator inspector;
(4) that shall not be used again until it has been
put in safe running order and is in condition for use;
(5) requiring annual inspections for the duration of
the temporarily dormant status by a licensed elevator
inspector;
(6) that has a "temporarily dormant" status that is
renewable on an annual basis, not to exceed a one-year
period;
(7) requiring the inspector to file a report with
the chief elevator inspector describing the current
conditions; and
(8) with a wire seal and padlock that shall not be
removed for any purpose without permission from the
elevator inspector.
Section 20. License required.
(a) After July 1, 2003, no person shall erect, construct,
wire, alter, replace, maintain, remove, or dismantle any
conveyance contained within buildings or structures in the
jurisdiction of this State unless he or she possesses an
elevator mechanic's license under this Act and unless he or
she works under the direct supervision of a person, firm, or
company having an elevator contractor's license in accordance
with Section 40 of this Act or exempted by that Section.
However, a licensed elevator contractor is not required for
removal or dismantling of conveyances that are destroyed as a
result of a complete demolition of a secured building or
structure or where the hoistway or wellway is demolished back
to the basic support structure and where no access is
permitted that would endanger the safety and welfare of a
person.
(b) After July 1, 2003, no person shall inspect any
conveyance within buildings or structures, including, but not
limited, to private residences, unless he or she has an
inspector's license.
Section 25. Elevator Safety Review Board.
(a) There is hereby created within the Office of the
State Fire Marshal the Elevator Safety Review Board,
consisting of 13 members. The Administrator shall appoint 3
members who shall be representatives of a fire service
communities. The Governor shall appoint the remaining 10
members of the Board as follows: one representative from a
major elevator manufacturing company or its authorized
representative; one representative from an elevator servicing
company; one representative of the architectural design
profession; one representative of the general public; one
representative of a municipality in this State with a
population over 500,000; one representative of a municipality
in this State with a population under 25,000; one
representative of a municipality in this State with a
population of 25,000 or over but under 50,000; one
representative of a municipality in this State with a
population of 50,000 or over but under 500,000; one
representative of a building owner or manager; and one
representative of labor involved in the installation,
maintenance, and repair of elevators.
(b) The members constituting the Board shall be appointed
for initial terms as follows:
(1) Of the members appointed by the Administrator, 2
shall serve for a term of 2 years, and one for a term of
4 years.
(2) Of the members appointed by the Governor, 2
shall serve for a term of one year, 2 for terms of 2
years, 2 for terms of 3 years, and 4 for terms of 4
years.
At the expiration of their initial terms of office, the
members or their successors shall be appointed for terms of 4
years each. Upon the expiration of a member's term of office,
the officer who appointed that member shall reappoint that
member or appoint a successor who is a representative of the
same interests with which his or her predecessor was
identified. The Administrator and the Governor may at any
time remove any of their respective appointees for
inefficiency or neglect of duty in office. Upon the death or
incapacity of a member, the officer who appointed that member
shall fill the vacancy for the remainder of the vacated term
by appointing a member who is a representative of the same
interests with which his or her predecessor was identified.
The members shall serve without salary, but shall receive
from the State expenses necessarily incurred by them in
performance of their duties. The Governor shall appoint one
of the members to serve as chairperson. The chairperson
shall be the deciding vote in the event of a tie vote.
Section 30. Meeting of the Board. The Board shall meet
and organize within 10 days after the appointment of its
members and at such meeting shall elect one secretary of the
Board to serve during the term to be fixed by the rules
adopted by the Board. The Board shall meet regularly once
each quarter or as often as deemed necessary by the
Administrator at a time and place to be fixed by it and at
such times as it is deemed necessary for the consideration of
code regulations, appeals, variances, and for the transaction
of any other business as properly may come before it. Special
meetings shall be called as provided in Board rules.
Section 35. Powers and duties of the Board.
(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 Safety Code for Existing Elevators (ASME
A18.1), the Standard for the Qualification of Elevator
Inspectors (ASME QEI-1), the Automated People Mover Standards
(ASCE 21), and the safety requirements for personnel hoists
(ANSI A10.4).
(b) The Board 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 Board shall have the authority to hear
appeals, hold hearings, and decide upon such within 30 days
of the appeal.
(c) The Board shall establish fee schedules for licenses,
permits, certificates, and inspections. 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) The Board shall not have authority within
municipalities with a population over 500,000 that have a
municipal code that covers the design, construction,
operation, inspection, testing, maintenance, alteration, and
repair of elevators, dumbwaiters, escalators, and moving
walks.
Section 40. Application for contractor's license.
(a) Any person, firm, or company wishing to engage in the
business of installing, altering, repairing, servicing,
replacing, or maintaining elevators, dumbwaiters, escalators,
or moving walks within this State shall make application for
a license with the Administrator.
(b) All applications shall contain the following
information:
(1) if the applicant is a person, the name,
residence, and business address of the applicant;
(2) if the applicant is a partnership, the name,
residence, and business address of each partner;
(3) if the applicant is a domestic corporation, the
name and business address of the corporation and the name
and residence address of the principal officer of the
corporation;
(4) if the applicant is a corporation other than a
domestic corporation, the name and address of an agent
locally located who shall be authorized to accept service
of process and official notices;
(5) the number of years the applicant has engaged in
the business of installing, inspecting, maintaining, or
servicing elevators or platform lifts or both;
(6) if applying for an elevator contractor's
license, the approximate number of persons, if any, to be
employed by the elevator contractor applicant and, if
applicable, satisfactory evidence that the employees are
or will be covered by workers' compensation insurance;
(7) satisfactory evidence that the applicant is or
will be covered by general liability, personal injury,
and property damage insurance;
(8) any criminal record of convictions; and
(9) any other information as the Administrator may
require.
(c) This Section does not apply to a person, firm, or
company located in a municipality with a population over
500,000 that provides for the licensure of contractors for
work performed within the corporate boundaries of a
municipality with a population over 500,000.
Section 45. Qualifications for elevator mechanic's
license.
(a) No license shall be granted to any person who has not
paid the required application fee.
(b) No license shall be granted to any person who has not
proven his or her qualifications and abilities. Applicants
for an elevator mechanic's license must demonstrate one of
the following qualifications:
(1) an acceptable combination of documented
experience and education credits consisting of: (A) not
less than 3 years work experience in the elevator
industry, in construction, maintenance, and service or
repair, as verified by current and previous employers
licensed to do business in this State; and (B)
satisfactory completion of a written examination
administered by the Elevator Safety Review Board on the
adopted rules, referenced codes, and standards;
(2) acceptable proof that he or she has worked as an
elevator constructor, maintenance, or repair person;
acceptable proof shall consist of documentation that he
or she worked without direct and immediate supervision
for an elevator contractor who has worked on elevators in
this State for a period of not less than 3 years
immediately prior to the effective date of this Act; the
person must make application within one year of the
effective date of this Act;
(3) a certificate of successful completion of the
mechanic examination of a nationally recognized training
program for the elevator industry such as the National
Elevator Industry Educational Program or its equivalent;
(4) a certificate of completion of an elevator
mechanic apprenticeship program with standards
substantially equal to those of this Act and registered
with the Bureau of Apprenticeship and Training, U.S.
Department of Labor, or a State apprenticeship council;
or
(5) a valid license from a state having standards
substantially equal to those of this State.
Section 50. Qualifications for elevator inspector's
license.
(a) No inspector's license shall be granted to any person
who has not paid the required application fee.
(b) No inspector's license shall be granted to any
person, unless he or she proves to the satisfaction of the
Administrator that he or she meets the current ASME QEI-1,
Standards for the Qualifications of Elevator Inspectors.
(c) Notwithstanding the provisions of subsections (a)
and (b) of this Section, the Administrator shall grant an
elevator inspector's license to a person engaged in the
practice of inspecting elevators in a municipality with a
population over 500,000 who is engaged in business as an
elevator inspector on the effective date of this Act.
Section 55. Qualifications for elevator contractor's
license.
(a) No license shall be granted to any person or firm
unless the appropriate application fee is paid.
(b) No license shall be granted to any person or firm who
has not proven the required qualifications and abilities. An
applicant must demonstrate one of the following
qualifications:
(1) five years work experience in the elevator
industry in construction, maintenance, and service or
repair, as verified by current and previous elevator
contractor's licenses to do business, or satisfactory
completion of a written examination administered by the
Elevator Safety Review Board on the most recent
referenced codes and standards; or
(2) proof that the individual or firm holds a valid
license from a state having standards substantially equal
to those of this State.
(c) This Section does not apply to a person or firm
engaged in business as an elevator contractor in a
municipality with a population over 500,000 that provides for
the licensure of elevator contractors for work performed
within the corporate boundaries of a municipality with a
population over 500,000.
Section 60. Issuance and renewal of licenses; fees.
(a) Upon approval of an application, the Administrator
may issue a license that must be renewed biannually. The
renewal fee for the license shall be set by the Board.
(b) Whenever an emergency exists in the State due to
disaster or work stoppage and the number of persons in the
State holding licenses granted by the Board is insufficient
to cope with the emergency, the licensed elevator contractor
shall respond as necessary to assure the safety of the
public. Any person certified by a licensed elevator
contractor to have an acceptable combination of documented
experience and education to perform elevator work without
direct and immediate supervision shall seek an emergency
elevator mechanic's license from the Administrator within 5
business days after commencing work requiring a license. The
Administrator shall issue emergency elevator mechanic's
licenses. The applicant shall furnish proof of competency as
the Administrator may require. Each license shall recite that
it is valid for a period of 30 days from the date thereof and
for such particular elevators or geographical areas as the
Administrator may designate and otherwise shall entitle the
licensee to the rights and privileges of a elevator
mechanic's license issued under this Act. The Administrator
shall renew an emergency elevator mechanic's license during
the existence of an emergency. No fee shall be charged for
any emergency elevator mechanic's license or renewal thereof.
(c) A licensed elevator contractor shall notify the
Administrator when there are no licensed personnel available
to perform elevator work. The licensed elevator contractor
may request that the Administrator issue temporary elevator
mechanic's licenses to persons certified by the licensed
elevator contractor to have an acceptable combination of
documented experience and education to perform elevator work
without direct and immediate supervision. Any person
certified by a licensed elevator contractor to have an
acceptable combination of documented experience and education
to perform elevator work without direct and immediate
supervision shall immediately seek a temporary elevator
mechanic's license from the Administrator and shall pay such
fee as the Board shall determine. Each license shall recite
that it is valid for a period of 30 days from the date of
issuance and while employed by the licensed elevator
contractor that certified the individual as qualified. It
shall be renewable as long as the shortage of license holders
shall continue.
(d) The renewal of all licenses granted under the
provisions of this Section shall be conditioned upon the
submission of a certificate of completion of a course
designed to ensure the continuing education of licensees on
new and existing provisions of the rules of the Elevator
Safety Review Board. Such course shall consist of not less
than 8 hours of instruction that shall be attended and
completed within one year immediately preceding any such
license renewal.
(e) The courses referred to in subsection (d) of this
Section shall be taught by instructors through continuing
education providers that may include, but shall not be
limited to, association seminars and labor training programs.
The Elevator Safety Review Board shall approve the continuing
education providers. All instructors shall be approved by the
Board and shall be exempt from the requirements of subsection
(d) of this Section with regard to their applications for
license renewal, provided that such applicant was qualified
as an instructor at any time during the one year immediately
preceding the scheduled date for such renewal.
(f) A licensee who is unable to complete the continuing
education course required under this Section prior to the
expiration of his or her license due to a temporary
disability may apply for a waiver from the Board. This shall
be on a form provided by the Board, which shall be signed
under the penalty of perjury and accompanied by a certified
statement from a competent physician attesting to such
temporary disability. Upon the termination of such temporary
disability, the licensee shall submit to the Board a
certified statement from the same physician, if practicable,
attesting to the termination of the temporary disability, at
which time a waiver sticker, valid for 90 days, shall be
issued to the licensee and affixed to his or her license.
(g) Approved training providers shall keep for a period
of 10 years uniform records of attendance of licensees
following a format approved by the Board. These records
shall be available for inspection by the Board at its
request. Approved training providers shall be responsible for
the security of all attendance records and certificates of
completion, provided that falsifying or knowingly allowing
another to falsify attendance records or certificates of
completion shall constitute grounds for suspension or
revocation of the approval required under this Section.
Section 65. Penalties; suspension and revocation of
licenses. A license issued pursuant to this Act may be
suspended, revoked, or subjected to a penalty by the
Administrator upon verification that any one or more of the
following reasons exist:
(1) any false statement as to material matter in the
application;
(2) fraud, misrepresentation, or bribery in securing
a license;
(3) failure to notify the Administrator and the
owner or lessee of an elevator or related mechanisms of
any condition not in compliance with this Act; or
(4) violation of any provisions of this Act or the
rules promulgated hereunder.
Section 67. Fire Prevention Fund. All fees and fines
received by the Administrator under this Act shall be
deposited into the Fire Prevention Fund. All fees and fines
deposited pursuant to this Section shall be used for the
duties and administration of this Act.
Section 70. Administrative Procedure Act. The Illinois
Administrative Procedure Act is hereby expressly adopted and
incorporated herein as if all of the provisions of that Act
were included in this Act, except that the provision of
subsection (d) of Section 10-65 of the Illinois
Administrative Procedure Act that provides that at hearings
the licensee has the right to show compliance with all lawful
requirements for retention, or continuation or renewal of the
license, is specifically excluded. For the purposes of this
Act, the notice required under Section 10-25 of the Illinois
Administrative Procedure Act is deemed sufficient when mailed
to the last known address of a party.
Section 75. Administrative Review Law. All final
administrative decisions of the Administrator or the Board
are subject to judicial review under the Administrative
Review Law and its rules. The term "administrative decision"
is defined as in Section 3-101 of the Code of Civil
Procedure.
Proceedings for judicial review shall be commenced in the
circuit court of the county in which the party applying for
review resides, but if the party is not a resident of this
State, the venue shall be in Sangamon County.
Section 80. Registration of existing elevators, platform
lifts, dumbwaiters, escalators, moving walks, and any other
conveyance. Within 6 months after the date of the appointment
of the Board, the owner or lessee of every existing
conveyance shall register with the Administrator each
elevator, dumbwaiter, platform lift, escalator, or other
device described in Section 10 of this Act and provide the
type, rated load and speed, name of manufacturer, its
location, the purpose for which it is used, and such
additional information as the Administrator may require.
Elevators, dumbwaiters, platform lifts, escalators, moving
walks, or other conveyances of which construction has begun
subsequent to the date of the creation of the Board shall be
registered at the time they are completed and placed in
service.
Section 85. Compliance. It shall be the responsibility
of individuals, firms, or companies licensed as described in
this Act to ensure that installation or service and
maintenance of elevators and devices described in Section 10
of this Act is performed in compliance with the provisions
contained in this Act and local regulations.
Section 90. Permits.
(a) No conveyance covered by this Act shall be erected,
constructed, installed, or altered within buildings or
structures within this State unless a permit has been
obtained from the Administrator or a municipality or other
unit of local government. If the permit is obtained from a
municipality or other unit of local government, the
municipality or other unit of local government that issued
the permit shall keep the permit on file for a period of not
less than one year from the date of issuance and send a copy
to the Administrator for inspection. Where any material
alteration is made, the device shall conform to applicable
requirements in ASME A17.1, ASME A18.1, ASCE 21, or ANSI
A10.4. No permit required under this Section shall be issued
except to a person, firm, or corporation holding a current
elevator contractor's license, duly issued pursuant to this
Act. A copy of the permit shall be kept at the construction
site at all times while the work is in progress.
(b) The permit fee shall be as set by the Board. Permit
fees collected are non-refundable.
(c) Each application for a permit shall be accompanied by
applicable fees and by copies of specifications and
accurately scaled and fully dimensioned plans showing the
location of the installation in relation to the plans and
elevation of the building, the location of the machinery room
and the equipment to be installed, relocated, or altered, and
all structural supporting members, including foundations.
The applicant shall also specify all materials to be employed
and all loads to be supported or conveyed. These plans and
specifications shall be sufficiently complete to illustrate
all details of construction and design.
(d) Permits may be revoked for the following reasons:
(1) Any false statements or misrepresentation as to
the material facts in the application, plans, or
specifications on which the permit was based.
(2) The permit was issued in error and should not
have been issued in accordance with the code.
(3) The work detailed under the permit is not being
performed in accordance with the provisions of the
application, plans, or specifications or with the code or
conditions of the permit.
(4) The elevator contractor to whom the permit was
issued fails or refuses to comply with a "stop work"
order.
(5) If the work authorized by a permit is not
commenced within 6 months after the date of issuance, or
within a shorter period of time as the Administrator or
his or her duly authorized representative in his or her
discretion may specify at the time the permit is issued.
(6) If the work is suspended or abandoned for a
period of 60 days, or shorter period of time as the
Administrator or his or her duly authorized
representative in his or her discretion may specify at
the time the permit is issued, after the work has been
started. For good cause, the Administrator or his or her
representative may allow an extension of this period at
his or her discretion.
(e) This Section does not apply to conveyances located
in a municipality with a population over 500,000 that
provides for permits of such conveyances.
Section 95. New installations; annual inspections and
registrations.
(a) All new conveyance installations 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, unless the property is located within a
municipality with a population greater than 500,000. A fee as
set forth in this Act shall be paid for the certificate of
operation. It shall be the responsibility of the licensed
elevator contractor to complete and submit first time
registration for new installations. The certificate of
operation fee for newly installed platform lifts and stairway
chair lifts for private residences shall be subsequent to an
inspection by a licensed third party inspection firm.
(b) The certificate of operation fee for all new and
existing platform and stairway chair lifts for private
residences and any renewal certificate fees shall be waived.
The Administrator or his or her designee shall inspect, in
accordance with the requirements set forth in this Act, all
newly installed and existing platform lifts and stairway
chair lifts for private residences subsequent to an
inspection by a person, firm, or company to which a license
to inspect conveyances has been issued, unless the private
residence is located within a municipality with a population
greater than 500,000.
(c) A certificate of operation referenced in subsections
(a) and (b) of this Section is renewable annually, except for
certificates issued for platform and stairway chairlifts for
private residences, which shall be valid for a period of 3
years. Certificates of operation must be clearly displayed on
or in each conveyance or in the machine room for use for the
benefit of code enforcement staff.
Section 100. Insurance requirements.
(a) Elevator contractors shall submit to the
Administrator an insurance policy or certified copy thereof,
issued by an insurance company authorized to do business in
the State, to provide general liability coverage of at least
$2,000,000 for injury or death of any one person and
$2,000,000 for injury or death of any number of persons in
any one occurrence, with coverage of at least $1,000,000 for
property damage in any one occurrence and statutory workers
compensation insurance coverage.
(b) Private elevator inspectors shall submit to the
Administrator an insurance policy or certified copy thereof,
issued by an insurance company authorized to do business in
the State, to provide general liability coverage of at least
$2,000,000 for injury or death of any one person and
$2,000,000 for injury or death of any number of persons in
any one occurrence, with coverage of at least $1,000,000 for
property damage in any one occurrence and statutory workers
compensation insurance coverage.
(c) These policies, or duly certified copies thereof, or
an appropriate certificate of insurance, approved as to form
by the Department of Insurance, shall be delivered to the
Administrator before or at the time of the issuance of a
license. In the event of a material alteration or
cancellation of a policy, at least 10 days notice thereof
shall be given to the Administrator.
Section 105. Enforcement.
(a) It shall be the duty of the Elevator Safety Review
Board to develop an enforcement program to ensure compliance
with rules and requirements referenced in this Act. This
shall include, but shall not be limited to, rules for
identification of property locations that are subject to the
rules and requirements; issuing notifications to violating
property owners or operators, random on-site inspections, and
tests on existing installations; witnessing periodic
inspections and testing in order to ensure satisfactory
performance by licensed persons, firms, or companies; and
assisting in development of public awareness programs.
(b) Any person may make a request for an investigation
into an alleged violation of this Act by giving notice to the
Administrator of such violation or danger. The notice shall
be in writing, shall set forth with reasonable particularity
the grounds for the notice, and shall be signed by the person
making the request. Upon the request of any person signing
the notice, the person's name shall not appear on any copy of
the notice or any record published, released, or made
available.
(c) If, upon receipt of such notification, the
Administrator determines that there are reasonable grounds to
believe that such violation or danger exists, the
Administrator shall cause to be made an investigation in
accordance with the provisions of this Act as soon as
practicable to determine if such violation or danger exists.
If the Administrator determines that there are no reasonable
grounds to believe that a violation or danger exists, he or
she shall notify the party in writing of such determination.
(d) This Section does not apply within a municipality
with a population over 500,000.
Section 110. Liability.
(a) This Act shall not be construed to relieve or lessen
the responsibility or liability of any person, firm, or
corporation owning, operating, controlling, maintaining,
erecting, constructing, installing, altering, inspecting,
testing, or repairing any elevator or other related
mechanisms covered by this Act for damages to person or
property caused by any defect therein, nor does the State or
any unit of local government assume any such liability or
responsibility therefore or any liability to any person for
whatever reason whatsoever by the adoption of this Act or any
acts or omissions arising under this Act.
(b) Any owner or lessee who violates any of the
provisions of this Act shall be fined in an amount not to
exceed $1,500.
(c) Compliance with this Act is not a defense to a legal
proceeding.
Section 115. Provisions not retroactive. The provisions
of this Act are not retroactive unless otherwise stated, and
equipment shall be required to comply with the applicable
code at the date of its installation or within the period
determined by the Board for compliance with ASME A17.3,
whichever is more stringent. If, upon the inspection of any
device covered by this Act, the equipment is found in
dangerous condition or there is an immediate hazard to those
riding or using such equipment or if the design or the method
of operation in combination with devices used is considered
inherently dangerous in the opinion of the Administrator, he
or she shall notify the owner of the condition and shall
order such alterations or additions as may be deemed
necessary to eliminate the dangerous condition.
Section 120. Inspection and testing.
(a) 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 violations. Property
owners shall have 30 days from the date of the published
inspection report to be in full compliance by correcting the
violations.
(b) It shall be the responsibility of the owner of all
conveyances to have a firm or company licensed as described
in this Act to ensure that the required inspection and test
are performed at intervals in compliance with ASME A17.1,
ASME A18.1, and ASCE 21.
(c) All tests shall be performed by a licensed elevator
mechanic.
Section 125. State law, code, or regulation. Whenever a
provision in this Act is found to be inconsistent with any
provision of another applicable State law, code, or rule, the
State law shall prevail. This Act, unless specifically stated
otherwise, is not intended to establish more stringent or
more restrictive standards than standards set forth in other
applicable State laws.
Section 130. Accidents. The owner of each conveyance
shall notify the Administrator of any accident causing
personal injury or property damage in excess of $1,000 that
involves a conveyance, on or before the close of business the
next business day following the accident. The Administrator
shall investigate and report to the Board the cause of any
conveyance accident that may occur in the State, the injuries
sustained, and any other data that may be of benefit in
preventing other similar accidents.
Section 135. Elevators in private residences. The owner
of a conveyance located in his or her private residence may
register, pay the required fee, and have his or her existing
conveyance inspected. The Administrator shall provide notice
to the owner of the private residence where the conveyance is
located with relevant information about conveyance safety
requirements, including the need to have the elevator
periodically and timely inspected and made safe. Any
inspection performed shall be done solely at the request and
with the consent of the private residence owner. No penalty
provision of this Act shall apply to private residence
owners.
Section 140. Local regulation; home rule.
(a) A municipality within its corporate limits and a
county within unincorporated areas within its boundaries may
inspect, license, or otherwise regulate elevators and devices
described in Section 10 of this Act, but any safety standards
or regulations adopted by a municipality or county under this
subsection must be at least as stringent as those provided
for in this Act and the rules adopted under this Act. A
municipality or county that inspects, licenses, or otherwise
regulates elevators and devices described in Section 10 of
this Act may impose reasonable fees to cover the cost of the
inspection, licensure, or other regulation.
(b) Except as otherwise provided in subsection (c), a
home rule unit may not regulate the inspection or licensure
of, or otherwise regulate, elevators and devices described in
Section 10 of this Act in a manner less restrictive than the
regulation by the State of those matters under this Act. This
subsection is a limitation under subsection (i) of Section 6
of Article VII of the Illinois Constitution on the concurrent
exercise by home rule units of powers and functions exercised
by the State.
(c) This Act does not limit the home rule powers of a
municipality with a population over 500,000, and this Act
shall not apply within such a municipality if that
application would be inconsistent with an ordinance adopted
under those home rule powers.
Section 900. The Regulatory Sunset Act is amended by
adding Section 4.23 as follows:
(5 ILCS 80/4.23 new)
Sec. 4.23. Act repealed on January 1, 2013. The
following Act is repealed on January 1, 2013:
The Elevator Safety and Regulation Act.
Passed in the General Assembly December 05, 2002.
Approved January 03, 2003.
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