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| Public Act 096-0054 |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois, | ||||
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, 45, 60, 80, | ||||
85, 90, 95, 105, 110, 115, 125, and 140 as follows:
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(225 ILCS 312/10)
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(Section scheduled to be repealed on January 1, 2013)
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Sec. 10. Applicability.
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(a) This Act covers the construction, operation, | ||||
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):
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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 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)
Manlifts within the scope of ASME A90.1.
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(3) Mobile scaffolds, towers, and platforms within the | ||
scope of ANSI A92.
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(4) Powered platforms and equipment for exterior and | ||
interior
maintenance within the scope of ANSI 120.1.
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(5) Conveyors and related equipment within the scope of | ||
ASME B20.1.
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(6) Cranes, derricks, hoists, hooks, jacks, and slings
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within the scope of ASME B30.
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(7) Industrial trucks within the scope of ASME B56.
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(8) Portable equipment, except for portable escalators | ||
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).
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(16) Conveyances located in a private residence not | ||
accessible to the public. | ||
(17) (Blank). | ||
(18) Personnel hoists within the scope of
ANSI A10.4. | ||
(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; 95-573, eff. 8-31-07.)
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(225 ILCS 312/15)
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(Section scheduled to be repealed on January 1, 2013)
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Sec. 15. Definitions. For the purpose of this Act:
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"Administrator" means the Office of the State Fire Marshal.
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"Alteration" means any change to equipment, including its | ||
parts, components, or subsystems, other than maintenance, | ||
repair, or replacement of the equipment, including its parts, | ||
components, or subsystems. | ||
"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, and CSA B44, the | ||
National Standard of Canada.
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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 A17.7" means the Performance-Based Safety Code for | ||
Elevators and Escalators, an American National Standard, and | ||
CSA B44.7, the National Standard of Canada. | ||
"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 or the Local 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.
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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,
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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. It shall entitle | ||
the holder thereof to engage in the business of
constructing, | ||
installing, altering, servicing, testing, repairing,
or | ||
maintaining and performing electrical work on elevators or | ||
related conveyances
covered by this Act within any building or | ||
structure, including, but not limited to, private residences. | ||
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
a specific type | ||
of conveyance 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 under the general direction of a | ||
licensed elevator mechanic.
Licensure is not required for an | ||
elevator helper.
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"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 under the | ||
general direction of a licensed elevator mechanic.
Licensure is | ||
not required for an elevator industry apprentice.
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"Elevator inspector" means any
inspector, as that term is | ||
defined in ASME QEI, who possesses an elevator inspector's
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license in accordance with the provisions of this Act.
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"Elevator mechanic" means any person who possesses an | ||
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 a specific type of | ||
conveyance 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 has proven the inspector's | ||
or the company's 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. New and renewed licenses issued after January 1, 2010
will | ||
include a photo of the licensee. | ||
"Local Administrator" means the municipality or | ||
municipalities or
county or counties that entered into a local | ||
elevator agreement with the
Administrator to operate its own | ||
elevator safety program in
accordance with this Act and the | ||
adopted administrative rules.
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"Material alteration" means an "alteration", as defined in | ||
the referenced standards.
| ||
"Moving walk" means an installation defined as a "moving | ||
walk"
in ASME A17.1.
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"Owner" means the owner of the conveyance, which could be | ||
an individual, a group of individuals, an association, trust, | ||
partnership, corporation, or person doing business under an | ||
assumed name. The owner may delegate his, her, or its authority | ||
to manage the day-to-day operations of the conveyance to | ||
another party, but may not delegate his, her, or its | ||
responsibilities and duties under this Act and the | ||
administrative rules. | ||
"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" does not require a
permit.
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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 | ||
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 or the
| ||
Local 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.
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All other building transportation terms are as defined in | ||
the latest edition of ASME A17.1 and ASME A18.1.
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"Temporary limited authority" means an authorization | ||
issued, for a period
not to exceed one year, by the | ||
Administrator to an individual
that the Administrator deems | ||
qualified to perform work on a
specific type of conveyance. | ||
(Source: P.A. 94-698, eff. 11-22-05; 95-573, eff. 8-31-07.)
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(225 ILCS 312/25)
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(Section scheduled to be repealed on January 1, 2013)
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Sec. 25. Elevator Safety Review Board.
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(a) There is hereby created within the Office of the State | ||
Fire Marshal
the Elevator Safety Review Board, consisting of 17 | ||
14 members. The Administrator
shall appoint 3 members who shall | ||
be representatives
of fire
service communities. The Governor | ||
shall appoint the remaining 14 11 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 an advocacy group for senior citizens the | ||
senior citizen population; one representative nominated by
of a | ||
municipality in this State with a population under 25,000; one
| ||
representative nominated by of a municipality in this State | ||
with a population of 25,000 or
over but under 50,000; one | ||
representative nominated by of a municipality in this State | ||
with
a population of 50,000 or over but under 500,000; one
| ||
representative of an advocacy group for condominium owners;
one | ||
representative of an institution of higher education that
| ||
operates an in-house elevator maintenance program; one | ||
representative of a
building owner or manager; and 2 | ||
representatives one representative of labor, one from Cook | ||
County and one from a county in the State other than Cook | ||
County, 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 advocacy group for senior
citizens | ||
senior citizen population shall serve an initial term of 4 | ||
years. The representative of an advocacy
group for | ||
condominium owners, the representative of
the institution | ||
of higher education that operates an in-house
elevator | ||
maintenance program, and both representatives of labor | ||
involved in the installation, maintenance, and repair of | ||
elevators shall serve an initial
term of 4 years.
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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.
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Nine Board members shall constitute a quorum. A quorum is | ||
required for all Board decisions. | ||
(Source: P.A. 94-698, eff. 11-22-05; 95-573, eff. 8-31-07.)
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(225 ILCS 312/35)
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(Section scheduled to be repealed on January 1, 2013)
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Sec. 35. Powers and duties of the Board and Administrator.
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(a) The Board shall consult with engineering authorities | ||
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
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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 or amend and | ||
adopt the latest editions of the standards referenced in this | ||
subsection within 12 months after the effective date of the
| ||
standards (a) within 6 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 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 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. 94-698, eff. 11-22-05; 95-573, eff. 8-31-07.)
| ||
(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; limited 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. | ||
(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 service and 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;
| ||
(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 | ||
preceding the effective date of the final 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;
| ||
(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 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.
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.
| ||
(f) An applicant for a limited elevator mechanic's license
| ||
must demonstrate that he or she meets the qualifications of
| ||
subsection (c)(1). | ||
(g) The Administrator may issue temporary limited | ||
authority to an individual that the Administrator deems
| ||
qualified to work on a specific type of conveyance. The | ||
applicant shall furnish any proof of competency that the | ||
Administrator may require and must obtain a permanent license | ||
within one year. | ||
(Source: P.A. 94-698, eff. 11-22-05; 95-573, eff. 8-31-07.)
| ||
(225 ILCS 312/60)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 60. Issuance and renewal of licenses; fees.
| ||
(a) Upon approval of an application, and receipt of the
| ||
fee, the Administrator may
issue a license that must be renewed | ||
every 2 years. The renewal fee for the
license shall be
set by | ||
the Board.
| ||
(b) (Blank).
| ||
(c) (Blank).
| ||
(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, which shall include a minimum of 2 hours of code
| ||
updates, 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.
| ||
(Source: P.A. 94-698, eff. 11-22-05.)
| ||
(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 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 by the owner at the
time they are
completed and | ||
placed in service.
| ||
(Source: P.A. 94-698, eff. 11-22-05; 95-573, eff. 8-31-07.)
| ||
(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.
| ||
(Source: P.A. 95-573, eff. 8-31-07.)
| ||
(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 the Local Administrator a | ||
municipality or other unit of local
government before the work | ||
is commenced. The Local
Administrator
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 all permits it issues the permit on file for | ||
a period of not less than 2 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. | ||
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 Local | ||
Administrator 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 180 60 days, or
shorter
period
of time as the | ||
Administrator or Local Administrator 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 | ||
Local Administrator his or her representative may allow an
| ||
extension of
this
period at his or her discretion.
| ||
(e) (Blank).
| ||
(f) All conveyance construction or alteration documents | ||
shall be submitted to the Administrator or Local Administrator | ||
for a permit. The documents for a new or altered building must | ||
first have been reviewed and approved by the local governmental | ||
authority as meeting the local building and fire code. In those | ||
jurisdictions where the municipality or county has not signed a | ||
local elevator agreement with the Administrator and the | ||
municipality or county does not have a means by which it | ||
approves building documents or issues building permits, the | ||
conveyance construction or alteration documents shall be | ||
submitted to the Administrator along with the owner-supplied, | ||
sealed technical submissions from a licensed architect or | ||
engineer. The Administrator has authority to charge a document | ||
review fee for this service. | ||
(Source: P.A. 94-698, eff. 11-22-05; 95-573, eff. 8-31-07.)
| ||
(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 licensed elevator contractor to | ||
complete and submit first time
registration for new
| ||
installations.
| ||
(b) (Blank).
| ||
(c) A certificate of operation is renewable annually. The | ||
certificates Certificates
of operation
or copy thereof, must be | ||
clearly displayed in the conveyance on or in each conveyance or | ||
in the machine room for
use for
the benefit of code enforcement | ||
staff.
| ||
(Source: P.A. 94-698, eff. 11-22-05.)
| ||
(225 ILCS 312/105)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 105. Enforcement; Investigation.
| ||
(a) It shall be the duty of the Administrator 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 or Local 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. If the Local Administrator
| ||
determines that there are reasonable grounds to believe that
| ||
such violation or danger exists, the Local Administrator shall
| ||
forward the request for an investigation to the Administrator.
| ||
(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 or permit the Local Administrator to | ||
conduct 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; 95-573, eff. 8-31-07.)
| ||
(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 may be subject to a fine not to exceed $1,500
per | ||
day for each violation of this Act or rules
adopted pursuant to | ||
this Act
is guilty of a Class C misdemeanor.
| ||
(c) (Blank).
| ||
(Source: P.A. 94-698, eff. 11-22-05; 95-573, eff. 8-31-07.)
| ||
(225 ILCS 312/115)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 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.
| ||
(Source: P.A. 92-873, eff. 6-1-03.)
| ||
(225 ILCS 312/125)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 125. State law, code, or regulation; rule compliance. | ||
Whenever a provision in this
Act is found to be inconsistent | ||
with any provision of another applicable State
law, code, or
| ||
rule, this Act 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. | ||
Any rule adopted under this Act that requires compliance | ||
specifically beginning in 2009 and any rule adopted under this | ||
Act that requires compliance specifically beginning in 2011 | ||
shall be deemed to require compliance beginning in 2013 instead | ||
of 2009 or 2011.
| ||
(Source: P.A. 95-767, eff. 7-29-08.)
| ||
(225 ILCS 312/140)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 140. Local Administrator regulation; home rule.
| ||
(a) The Administrator may enter into a local elevator | ||
agreement contracts with municipalities or counties under | ||
which the Local Administrator municipalities or counties shall | ||
(i) issue construction permits and certificates of operation, | ||
(ii) provide for inspection of elevators, including temporary | ||
operation inspections, (iii) 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, and (iv) (iii) | ||
enforce the applicable provisions of the Act, and levy fines in | ||
accordance with the Municipal Code or Counties Code. The Local | ||
Administrator municipality or county may choose to require that | ||
inspections be performed by its own inspectors or by private | ||
certified elevator inspectors. The Local Administrator | ||
municipality or county may assess a reasonable fee for permits, | ||
exceptions, variances,
certification of operation, or | ||
inspections performed by its inspectors. Each agreement | ||
contract shall include a provision that the Local Administrator | ||
municipality or county shall maintain for inspection by the | ||
Administrator copies of all applications for permits issued, | ||
grants or denials of
exceptions or variances, copies of each | ||
inspection report issued, and proper records showing the number | ||
of certificates of operation issued. Each agreement contract | ||
shall also include a provision that each required inspection be | ||
conducted by a certified elevator inspector and any other | ||
provisions deemed necessary by the Administrator.
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.
| ||
(b) 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) (Blank).
| ||
(d) The Administrator shall be notified of any
exception or | ||
variance granted. The Administrator may object
to such | ||
exception or variance within 7 business days of
receipt of the | ||
notice. Should the Administrator and Local
Administrator not | ||
reach agreement on the exception or
variance, the matter shall | ||
be directed to the Board to hear
and decide. | ||
(Source: P.A. 94-698, eff. 11-22-05.)
| ||
(430 ILCS 80/Act rep.)
| ||
Section 15. The Elevator Installation Act is repealed. | ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||