Public Act 099-0022
 
SB0718 EnrolledLRB099 04092 HAF 24111 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
 
    Section 5. The Elevator Safety and Regulation Act is 
amended  by changing Sections 15, 35, 105, 120, and 140 as 
follows:
 



    (225 ILCS 312/15)


    (Section scheduled to be repealed on January 1, 2023)

    Sec. 15. Definitions. For the purpose of this Act:

    "Administrator" means the Office of the State Fire Marshal.

    "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.

    "ASCE 21" means the American Society of Civil Engineers 
Automated People
Mover Standards.

    "ASME A17.1" means the Safety Code for
Elevators and 
Escalators, an American National Standard, and CSA B44, the 
National Standard of Canada.

    "ASME A17.3" means the Safety Code for
Existing Elevators 
and Escalators, an American National Standard.

    "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.

    "Automated people mover" means an
installation as defined 
as an "automated people mover" in ASCE 21.

    "Board" means the Elevator Safety Review Board.

    "Certificate of operation" means a certificate issued by 
the Administrator 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.

    "Conveyance" means any elevator, dumbwaiter, escalator, 
moving sidewalk,
platform lifts, stairway chairlifts and 
automated people movers.

    "Elevator" means an installation defined as an
"elevator" 
in ASME A17.1.

    "Elevator contractor" means any person, firm, or 
corporation who possesses
an elevator contractor's license in 
accordance with the provisions of Sections
40 and 55 of this 
Act and who is engaged in the business of erecting,

constructing, installing, altering, servicing, repairing, or 
maintaining
elevators or related conveyance covered by this 
Act.

    "Elevator  contractor's license" means a license issued to 
an elevator
contractor who has proven his or her qualifications 
and ability and has been
authorized by the Administrator 
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 within any building or structure,

excluding

private residences.

    "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.

    "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.

    "Elevator inspector" means any
inspector, as that term is 
defined in ASME QEI, who possesses an elevator inspector's

license in accordance with the provisions of this Act.

    "Elevator mechanic" means any person who possesses an 
elevator mechanic's
license in accordance with the provisions 
of Sections 40 and 45 of this Act and
who is engaged in 
erecting, constructing, installing, altering, servicing,

repairing, or maintaining elevators or related conveyance 
covered by this Act.

    "Elevator mechanic's license" means a license issued to a 
person who has
proven his or her qualifications and ability and 
has been authorized by the Administrator
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 within any building or structure.


    "Escalator" means an installation defined as an 
"escalator" in ASME A17.1.

    "Existing installation" means an installation
defined as 
an "installation, existing" in ASME A17.1.

    "Inspector's license" or "inspection company license"

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 Administrator Elevator
Safety Review Board to 
possess this type of license.  It shall entitle the
holder 
thereof to engage in the business of inspecting elevators or 
related
conveyance covered by this Act.

    "License" means a written license, duly issued by the 
Administrator,
authorizing a person, firm, or company to carry 
on the business of erecting,
constructing, installing, 
altering, servicing, repairing, maintaining, or
performing 
inspections of elevators or related conveyance covered by this 
Act. 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. 

    "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.

    "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.

    "Repair" has the meaning set forth  in the referenced 
standards.  "Repair" does not require a
permit.

    "Temporarily dormant" means an elevator, dumbwaiter, or 
escalator:


        (1) with a power supply that has been disconnected by 
    removing fuses and
placing a padlock on the mainline 
    disconnect switch in the "off" position;


        (2) with a car that is parked and hoistway doors that 
    are in the closed
and latched position;


        (3) with a wire seal on the mainline disconnect switch 
    installed by a
licensed elevator inspector;


        (4) that shall not be used again until it has been put 
    in safe running
order and is in condition for use;


        (5) requiring annual inspections for the duration of 
    the temporarily
dormant status by a licensed elevator 
    inspector;


        (6) that has a "temporarily dormant" status that is 
    renewable on an
annual basis, not to exceed a 5-year 
    period;


        (7) requiring the inspector to file a report with the 
    Administrator describing the current conditions; and


        (8) with a wire seal and padlock that shall not be 
    removed for any
purpose without permission from the 
    elevator inspector.

    "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.

    All other building transportation terms are as defined in 
the latest edition of ASME A17.1 and ASME A18.1.

    "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. 95-573, eff. 8-31-07; 96-54, eff. 7-23-09.)

 



    (225 ILCS 312/35)


    (Section scheduled to be repealed on January 1, 2023)

    Sec. 35. Powers and duties of the Board and Administrator. 

    (a) The Board shall consult with engineering authorities 
and organizations
and
adopt rules consistent with the 
provisions of this Act for the
administration and
enforcement 
of this Act.  The Board may prescribe forms to be issued in

connection with
the administration and enforcement of this Act.  
The rules shall establish
standards and
criteria consistent 
with this Act for licensing of elevator mechanics,
inspectors, 
and installers of
elevators,
including the provisions of the 
Safety Code for Elevators and Escalators (ASME
A17.1),
 the 
provisions of the Performance-Based Safety Code for Elevators 
and Escalators (ASME A17.7), the Standard for the
Qualification

of Elevator Inspectors (ASME QEI-1), the Automated People Mover 
Standards
(ASCE 21), the Safety Requirements for Personnel 
Hoists and Employee Elevators

(ANSI A10.4), and the Safety 
Standard for Platform Lifts and Stairway Chairlifts (ASME 
A18.1). The Board shall adopt or amend and adopt the latest 
editions of the standards referenced in this subsection within 
12 months after the effective date of the

standards.


    The Board shall make determinations authorized by this Act 
regarding variances, interpretations, and the installation of 
new technology.  Such determinations shall have a binding 
precedential effect throughout the State regarding equipment, 
structure, or the enforcement of codes unless limited by the 
Board to the fact-specific issues. 
    (b) The Administrator or Local Administrator shall have the 
authority to grant exceptions and
variances from
the literal 
requirements of
applicable State codes, standards, and 
regulations in cases where such
variances
would not
jeopardize 
the public
safety and
welfare. The Administrator has the right

to review and object to any exceptions or variances granted by

the Local Administrator. The Board shall have the authority to 
hear appeals, for any denial by the Local Administrator or
for 
any denial or objection by the Administrator. The Board
shall 
hold hearings, and
decide
upon such within 30 days of the 
appeal.

    (c) The Board shall establish fee schedules for licenses, 
and registrations issued by the Administrator. The Board
shall 
also establish fee schedules for permits and ,
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) (blank);
        (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. 
    (h-5) Notwithstanding anything else in this Section, the 
upgrade requirements for the restricted opening of hoistway 
doors or car doors on passenger elevators as provided for in  
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, 2014. 
    (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.
    (k) The Board shall prescribe an inspection form, which 
shall be the only inspection form used by a licensed inspector 
in the inspection of a conveyance under this Act. 
(Source: P.A. 96-54, eff. 7-23-09; 97-310, eff. 8-11-11; 
97-1048, eff. 8-22-12.)

 



    (225 ILCS 312/105)


    (Section scheduled to be repealed on January 1, 2023)

    Sec. 105. Enforcement; Investigation. 

    (a) It shall be the duty of the Administrator
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).
    (e) An injury caused by the malfunction of a conveyance 
shall be reported to the Administrator by the property owner, 
the lessee, or the party otherwise responsible for the premises 
where the conveyance is located and the injury occurred. The 
injury shall be reported within 2 business days of its 
occurrence and may be reported either in writing or 
electronically. 

(Source: P.A. 95-573, eff. 8-31-07; 96-54, eff. 7-23-09.)

 



    (225 ILCS 312/120)


    (Section scheduled to be repealed on January 1, 2023)

    Sec. 120. Inspection and testing. 

    (a) Except as provided in subsection (c) of Section 95 of 
this Act, it shall be the responsibility of the owner of all 
new and existing
conveyances
located in any building or 
structure to have the conveyance inspected annually

by a 
person, firm, or company to which a license to
inspect

conveyances has been issued. The person, firm, or company 
conducting the inspection shall use the inspection form 
prescribed by the Board pursuant to subsection (k) of Section 
35 of this Act. 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, upon receiving a final inspection report from 
the property owner or lessee, whether such violations have been 
corrected and may extend the compliance dates for good cause, 
provided that such violations are minor and pose no threat to 
public safety.


    (b) It shall be the responsibility of the owner of all 
conveyances to have a licensed elevator contractor, as defined 
in this Act, ensure that the required tests are performed at 
intervals in compliance with the ASME A 17.1, ASME A 18.1 and 
ASCE 21.

    (c) All tests shall be performed by a licensed elevator 
mechanic.

(Source: P.A. 97-310, eff. 8-11-11.)

 



    (225 ILCS 312/140)


    (Section scheduled to be repealed on January 1, 2023)

    Sec. 140. Local Administrator; home rule. 

    (a) The Administrator may enter into a local elevator 
agreement with municipalities or counties under which the Local 
Administrator 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) enforce the applicable provisions of the Act, 
and levy fines in accordance with the Municipal Code or 
Counties Code.  The Local Administrator may choose to require 
that inspections be performed by its own inspectors or by 
private certified elevator inspectors.  The Local Administrator 
may assess a reasonable fee for permits, exceptions, variances,

certification of operation, or inspections performed by its 
inspectors.  Each agreement shall include a provision that the 
Local Administrator 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 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.
    (e) The Local Administrator shall issue the inspection form 
prescribed by the Board pursuant to subsection (k) of Section 
35 of this Act or an inspection form identical to the form 
prescribed by the Board, which shall be the only inspection 
form used by a person, firm, or company licensed to inspect 
conveyances under this Section. A Local Administrator that 
chooses to require that inspections be performed by its own 
inspectors shall also use the inspection form prescribed by the 
Board or an inspection form that is identical to the form 
prescribed by the Board. 
(Source: P.A. 96-54, eff. 7-23-09.)