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| Public Act 097-0310 | ||||
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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 35, 95, and 120 as follows:
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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(Section scheduled to be repealed on January 1, 2013)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 | ||||
provisions of the Performance-Based Safety Code for Elevators | ||||
and Escalators (ASME A17.7), the Standard for the
Qualification
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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.
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The Board shall make determinations authorized by this Act | ||
regarding variances, interpretations, and the installation of | ||
new technology. Such determinations shall have a binding | ||
precedential effect throughout the State regarding equipment, | ||
structure, or the enforcement of codes unless limited by the | ||
Board to the fact-specific issues. | ||
(b) The Administrator or Local Administrator shall have the | ||
authority to grant exceptions and
variances from
the literal | ||
requirements of
applicable State codes, standards, and | ||
regulations in cases where such
variances
would not
jeopardize | ||
the public
safety and
welfare. The Administrator has the right
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to review and object to any exceptions or variances granted by
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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.
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(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
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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.
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(d) The Board shall be authorized to recommend the | ||
amendments of applicable
legislation, when appropriate, to | ||
legislators.
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(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.
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(f) The Administrator may employ professional, technical,
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investigative, or
clerical help, on either a full-time or | ||
part-time basis, as may be necessary
for the
enforcement of | ||
this Act.
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(g) (Blank).
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(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
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of any conveyance to be performed by its own inspectors or by
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third-party licensed inspectors employed by the Administrator. | ||
(Source: P.A. 95-573, eff. 8-31-07; 96-54, eff. 7-23-09.)
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(225 ILCS 312/95)
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(Section scheduled to be repealed on January 1, 2013)
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Sec. 95. New installations; annual inspections and | ||
registrations.
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(a) All new conveyance installations regulated by this Act
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shall be performed by a person, firm, or
company to which a | ||
license to install or service conveyances has been issued.
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Subsequent
to installation, the licensed person, firm, or | ||
company must certify compliance
with the
applicable Sections of | ||
this Act. Prior to any conveyance being used, the
property | ||
owner or
lessee must obtain a certificate of operation from the | ||
Administrator or Local Administrator. A
fee as authorized by | ||
Section 35 of this Act or as set by the Local Administrator | ||
shall be paid for the certificate of operation. It shall be
the | ||
responsibility
of the owner to complete and submit first time
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registration for new
installations.
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(b) (Blank).
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(c) A certificate of operation is renewable annually, | ||
except that a certificate of operation is renewable every 3 | ||
years for a conveyance (i) that is located in a building owned | ||
and occupied by any church, synagogue, or other building, | ||
structure, or place used primarily for religious worship and is | ||
the only conveyance in the building, (ii) that is under the | ||
jurisdiction of the Administrator, (iii) that is limited in use | ||
to 2 levels, and (iv) for which the church, synagogue, or other | ||
building, structure, or place used primarily for religious | ||
worship has an annual maintenance examination that includes the | ||
applicable category tests. For these occupancies, on-site | ||
witnessing of the category test shall be witnessed every 3 | ||
years. Records of the applicable maintenance checks and | ||
elevator category test results shall be maintained on-site by | ||
the building owner. The certificates
of operation
or copy | ||
thereof, must be clearly displayed in the conveyance for
the | ||
benefit of code enforcement staff.
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(Source: P.A. 96-54, eff. 7-23-09.)
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(225 ILCS 312/120)
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(Section scheduled to be repealed on January 1, 2013)
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Sec. 120. Inspection and testing.
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(a) Except as provided in subsection (c) of Section 95 of | ||
this Act, it It shall be the responsibility of the owner of all | ||
new and existing
conveyances
located in any building or | ||
structure to have the conveyance inspected annually
by a | ||
person, firm, or company to which a license to
inspect
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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
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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.
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(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.
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(c) All tests shall be performed by a licensed elevator | ||
mechanic.
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(Source: P.A. 94-698, eff. 11-22-05; 95-573, eff. 8-31-07.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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