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| Public Act 095-0573 |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Elevator Safety and Regulation Act is | ||||
amended by changing Sections 10, 15, 20, 25, 35, 40, 45, 55, | ||||
70, 80, 85, 90, 100, 105, 110, and 120 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(Section scheduled to be repealed on January 1, 2013)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 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):
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(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, and ASME A18.1, | ||||
and ANSI
A10.4):
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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 | ||||
persons between
landings. This equipment includes, but is | ||||
not limited to, the following (also
see ASME A17.1 and ASME | ||
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 | ||
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):
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(A) Dumbwaiters.
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(B) Material lifts and dumbwaiters with automatic | ||
transfer
devices.
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(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).
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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) Belt manlifts
Manlifts within the scope of ASME | ||
A90.1.
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(3) Mobile scaffolds, towers, and platforms within the | ||
scope of ANSI A92 , except those covered by ANSI
A10.4.
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(4) Powered platforms and equipment for exterior and | ||
interior
maintenance within the scope of ANSI 120.1.
| ||
(5) Conveyors and related equipment within the scope of | ||
ASME B20.1.
| ||
(6) Cranes, derricks, hoists, hooks, jacks, and slings
| ||
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 | ||
that are covered by ANSI A17.1.
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(9) Tiering or piling machines used to move materials | ||
to and from
storage located and operating entirely within | ||
one story.
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(10) Equipment for feeding or positioning materials at | ||
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 | ||
platforms, and similar
equipment used for installing an | ||
elevator by a contractor licensed in this
State.
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(15) (Blank).
Railway and Transit Systems.
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(16) Conveyances located in a private residence not | ||
accessible to the public. | ||
(17) (Blank).
Special purpose personnel elevators. | ||
(d) This Act does not apply to a municipality with a | ||
population over 500,000.
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(Source: P.A. 94-698, eff. 11-22-05.)
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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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"ANSI A10.4" means the safety requirements for personnel | ||
hoists, an American
National Standard.
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"ASCE 21" means the American Society of Civil Engineers | ||
Automated People
Mover Standards.
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"ASME A17.1" means the Safety Code for
Elevators and | ||
Escalators, an American National Standard.
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"ASME A17.3" means the Safety Code for
Existing Elevators | ||
and Escalators, an American National Standard.
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"ASME A18.1" means the Safety Standard for
Platform Lifts | ||
and Stairway Chairlifts, an American National Standard.
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"Automated people mover" means an
installation as defined | ||
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 | ||
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.
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"Conveyance" means any elevator, dumbwaiter, escalator, | ||
moving sidewalk,
platform lifts, stairway chairlifts and | ||
automated people movers.
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"Elevator" means an installation defined as an
"elevator" | ||
in ASME A17.1.
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"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.
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"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 work on conveyance equipment
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 and performing | ||
electrical work on elevators or related conveyances
conveyance
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covered by this Act within any building or structure, | ||
including, but not limited to, private residences. The
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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,
| ||
excluding
private residences.
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"Elevator helper" means an individual registered with the | ||
Administrator who works
as an elevator helper. Elevator helpers | ||
must work under the general direction
direct supervision of a | ||
licensed elevator mechanic.
Licensure is not required for an | ||
elevator helper.
| ||
"Elevator industry apprentice" means an individual who is | ||
enrolled in an apprenticeship program approved by the Bureau of | ||
Apprenticeship and Training of the U.S. Department of Labor and | ||
who is registered by the Administrator and works
to perform | ||
work within the elevator industry under the general direction
| ||
direct supervision of a licensed elevator mechanic.
Licensure | ||
is not required for an elevator industry apprentice.
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"Elevator inspector" means any person
inspector, as that | ||
term is defined in ASME QEI, who possesses an elevator | ||
inspector's
license in accordance with the provisions of this | ||
Act.
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"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,
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repairing, or maintaining elevators or related conveyance | ||
covered by this Act.
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"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. The Administrator may issue a limited | ||
elevator mechanic's license authorizing an individual to carry | ||
on a business of erecting, constructing, installing, altering, | ||
servicing, repairing, or maintaining platform lifts and | ||
stairway chairlifts within any building or structure.
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"Escalator" means an installation defined as an | ||
"escalator" in ASME A17.1.
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"Existing installation" means an installation
defined as | ||
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 | ||
inspector or inspection company that
a person who has proven | ||
the inspector's or the company's
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.
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"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 in | ||
the referenced standards
by the Board.
| ||
"Moving walk" means an installation defined as a "moving | ||
walk"
in ASME A17.1.
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"Private residence" means a separate dwelling or a separate | ||
apartment or condominium unit in
a multiple-family
dwelling | ||
that is occupied by members of a single-family unit.
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"Repair" has the meaning set forth in the referenced | ||
standards. "Repair"
defined by the Board, which does not | ||
require a
permit.
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"Special purpose personnel elevator" means an elevator | ||
that is limited in size, capacity, and speed and that is | ||
permanently installed in certain structures, including, but | ||
not limited to, grain elevators, radio antenna, bridge towers, | ||
underground facilities, dams, and power plants, to provide | ||
vertical transportation of authorized personnel and their | ||
tools and equipment only.
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"Temporarily dormant" means an elevator, dumbwaiter, or | ||
escalator:
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(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;
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(2) with a car that is parked and hoistway doors that | ||
are in the closed
and latched position;
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(3) with a wire seal on the mainline disconnect switch | ||
installed by a
licensed elevator inspector;
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(4) that shall not be used again until it has been put | ||
in safe running
order and is in condition for use;
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(5) requiring annual inspections for the duration of | ||
the temporarily
dormant status by a licensed elevator | ||
inspector;
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(6) that has a "temporarily dormant" status that is | ||
renewable on an
annual basis, not to exceed a 5-year
| ||
one-year period;
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(7) requiring the inspector to file a report with the | ||
Administrator describing the current conditions; and
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(8) with a wire seal and padlock that shall not be | ||
removed for any
purpose without permission from the | ||
elevator inspector.
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"Temporary certificate of operation" means a temporary | ||
certificate of operation issued by the Administrator 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.
| ||
All other building transportation terms are as defined in | ||
the latest edition of ASME A17.1 and ASME A18.1.
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(Source: P.A. 94-698, eff. 11-22-05.)
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(225 ILCS 312/20)
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(Section scheduled to be repealed on January 1, 2013)
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Sec. 20. License or registration required.
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(a) After July 1, 2003 through the effective date of this | ||
amendatory Act of the 94th General Assembly and after July 1, | ||
2006, no person shall erect, construct, wire, alter,
replace,
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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.
A licensed or limited licensed | ||
elevator mechanic employed by an entity exempted from | ||
contractor licensure under subsection (a) of Section 40 of this | ||
Act is exempt, with respect to work performed for that | ||
employer, from the requirement that he or she work under the | ||
direct supervision of an elevator contractor licensee. A
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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.
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(b) After July 1, 2003 through the effective date of this | ||
amendatory Act of the 94th General Assembly and after July 1, | ||
2006, 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 or an | ||
inspection company license.
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(c) (Blank).
After January 1, 2006, a person who is not | ||
licensed under subsection (a) may not work in the jurisdiction | ||
of this State as an elevator industry apprentice or helper | ||
unless he or she is registered as an elevator industry | ||
apprentice or helper by the Administrator and works under the | ||
direct supervision of an individual licensed under this Act as | ||
an elevator mechanic. The Administrator shall set elevator | ||
industry apprenticeship and helper qualifications and | ||
registration procedure by rule.
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(Source: P.A. 94-698, eff. 11-22-05.)
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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 | ||
Fire Marshal
the Elevator Safety Review Board, consisting of 14
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13 members. The Administrator
shall appoint 3 members who shall | ||
be representatives
of fire
service communities. The Governor | ||
shall appoint the remaining 11
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 an | ||
advocacy group for people with physical disabilities; one | ||
representative of the senior citizen population; 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
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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.
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(b) The members constituting the Board shall be appointed | ||
for initial terms
as follows:
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(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.
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(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. The | ||
representative of the senior citizen population shall | ||
serve an initial term 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.
| ||
(Source: P.A. 94-698, eff. 11-22-05.)
| ||
(225 ILCS 312/35)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 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 A17.3), 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 the latest | ||
editions of the standards referenced in this subsection (a) | ||
within 6 months after the effective date of the standards.
| ||
(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) (Blank).
| ||
(Source: P.A. 94-698, eff. 11-22-05.)
| ||
(225 ILCS 312/40)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 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. However, if the State, a unit | ||
of local government, or an institution of higher education | ||
maintains in its employ licensed or limited licensed elevator | ||
mechanics who maintain only conveyances owned or leased by that | ||
entity, the employing entity is not required to be licensed as | ||
a contractor under this Section and none of the provisions of | ||
this Act concerning licensed contractors shall apply to these | ||
entities.
| ||
(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) (Blank).
| ||
(Source: P.A. 94-698, eff. 11-22-05.)
| ||
(225 ILCS 312/45)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 45. Qualifications for elevator mechanic's license; | ||
emergency and temporary licensure.
| ||
(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. | ||
(c) 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, or
and service and
or repair, as | ||
verified by
current and previous employers licensed to do | ||
business in this State or in another state if the Board | ||
deems that out-of-State experience equivalent; and (B)
| ||
satisfactory completion of a written examination | ||
administered by the Elevator
Safety Review Board or its | ||
designated provider on the adopted rules and , referenced | ||
codes, and standards for the equipment the licensee is | ||
authorized to install;
| ||
(2) acceptable proof that he or she has worked as an | ||
elevator constructor,
maintenance, or repair person for | ||
the equipment the licensee is authorized to install; | ||
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 | ||
preceding the effective date of the final
initial rules | ||
adopted by the Board under Section 35 of this Act that | ||
implement this Act; the person must make
application by | ||
December 31, 2007; however, all licenses issued under the | ||
provisions of this item (2) between May 1, 2006 and the | ||
effective date of this amendatory Act of the 95th General | ||
Assembly are deemed valid;
| ||
(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 | ||
based on the codes applicable to the type of license | ||
(elevator mechanic's license or limited elevator | ||
mechanic's license) for which the individual is applying;
| ||
(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.
| ||
(d) Whenever an emergency exists in the State due to a
| ||
disaster, act of God, 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 ensure 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 60
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 an 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 may be charged for any emergency elevator
| ||
mechanic's license or renewal thereof. | ||
(e) 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. The applicant for temporary licensure shall furnish | ||
proof of competency as the Administrator may require and for | ||
such particular elevators or geographical areas as the | ||
Administrator may designate.
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 continues.
| ||
(Source: P.A. 94-698, eff. 11-22-05.)
| ||
(225 ILCS 312/55)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 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 be individually licensed as an elevator mechanic | ||
under this Act, perform the work set forth in subsection (a) of | ||
Section 20 of this Act, and have proof of compliance with the | ||
insurance requirements set forth in Section 100 of this Act or, | ||
in the case of a firm, employ a person who is individually | ||
licensed as an elevator mechanic under this Act, perform the | ||
work set forth in subsection (a) of Section 20 of this Act, and | ||
have proof of compliance with the insurance requirements set | ||
forth in Section 100 of this Act.
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 such documentation as the Board may require by | ||
rule; | ||
(1.5) satisfactory completion of a written
examination | ||
administered by the Elevator Safety Review Board or its | ||
designated provider 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) (Blank).
| ||
(Source: P.A. 94-698, eff. 11-22-05.)
| ||
(225 ILCS 312/70)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 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.
| ||
(Source: P.A. 92-873, eff. 6-1-03.)
| ||
(225 ILCS 312/80)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 80. Registration of existing elevators, platform | ||
lifts, dumbwaiters,
escalators, moving walks, and any other | ||
conveyance. Within 6 months after the
date of
the adoption of | ||
the final
initial rules that implement this Act, 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.
| ||
(Source: P.A. 94-698, eff. 11-22-05.)
| ||
(225 ILCS 312/85)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 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 applicable fire and building codes
local regulations.
| ||
(Source: P.A. 92-873, eff. 6-1-03.)
| ||
(225 ILCS 312/90)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 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 before the work is commenced.
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, or 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, except that a permit to alter a conveyance may be issued | ||
to an entity exempted from licensure under subsection (a) of | ||
Section 40 of 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 thereof, 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) (Blank).
| ||
(Source: P.A. 94-698, eff. 11-22-05.)
| ||
(225 ILCS 312/100)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 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 $1,000,000
| ||
$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 $500,000
$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 | ||
$1,000,000
$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 $500,000
$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.
| ||
(Source: P.A. 92-873, eff. 6-1-03.)
| ||
(225 ILCS 312/105)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 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, policies for | ||
administrative penalties, 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) (Blank).
| ||
(Source: P.A. 94-698, eff. 11-22-05.)
| ||
(225 ILCS 312/110)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 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
is guilty of a Class C misdemeanor
shall
be fined | ||
in an amount not to exceed $1,500 per violation, per day.
| ||
(c) (Blank).
Compliance with this Act is not a defense to a | ||
legal proceeding.
| ||
(Source: P.A. 94-698, eff. 11-22-05.)
| ||
(225 ILCS 312/120)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 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 , at intervals | ||
determined by the Board,
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
(Blank).
| ||
(c) All tests shall be performed by a licensed elevator | ||
mechanic or licensed limited elevator mechanic who is licensed | ||
to perform work on that particular type of conveyance.
| ||
(Source: P.A. 94-698, eff. 11-22-05.)
| ||
(225 ILCS 312/130 rep.)
| ||
Section 10. The Elevator Safety and Regulation Act is | ||
amended by repealing Section 130.
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||