HB4120 94TH GENERAL ASSEMBLY

LRB094 14111 RAS 49009 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4120

Introduced 10/06/05, by Rep. David R. Leitch

SYNOPSIS AS INTRODUCED:

225 ILCS 312/15
225 ILCS 312/20
225 ILCS 312/25
225 ILCS 312/35
225 ILCS 312/40
225 ILCS 312/43 new
225 ILCS 312/47 new
225 ILCS 312/57 new
225 ILCS 312/70
225 ILCS 312/80
225 ILCS 312/90
225 ILCS 312/95
225 ILCS 312/100
225 ILCS 312/107 new
225 ILCS 312/120
225 ILCS 312/135

Amends the Elevator Safety and Regulation Act. Provides for the licensure of accessibility contractors and accessibility technicians. Makes changes in Sections concerning definitions, licensure, the Elevator Safety Review Board, the Administrative Procedure Act, registration, permits, new installations and certificates of operation (rather than annual inspections), insurance requirements, inspections and testing, and residential accessibility conveyances (rather than elevators in private residences). Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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, 20, 25, 35, 40, 70, 80, 90, 95, 100, 120, and 135 and by adding Sections 43, 47, 57, and 107 as follows:

(225 ILCS 312/15)

(Section scheduled to be repealed on January 1, 2013)

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

"Accessibility contractor" means any person, firm, or corporation that possesses an accessibility contractor's license in accordance with the provisions of Sections 43 and 57 of this Act and who is engaged in the business of erecting, constructing, installing, altering, servicing, testing, repairing, or maintaining an accessibility conveyance covered by this Act.

"Accessibility contractor's license" means a license issued to an accessibility contractor who has proven his or her qualifications and ability and has been authorized by the Elevator Safety Review Board to engage in the business of erecting, constructing, installing, altering, servicing, testing, repairing, or maintaining accessibility conveyances.

"Accessibility conveyance" means any of the following:

(1) A platform lift or stairway chairlift, as defined under National Code Standard Reference ASME A18.1.

(2) A private residence elevator, as defined under National Code Standard Reference ASME A17.1, Part 5.3.

(3) A dumbwaiter without an automatic transfer device, as defined by ASME A17.1, Parts 7.1 and 7.2, that is erected, constructed, installed, altered, serviced, repaired, or maintained in a private residence.

(4) A limited use/limited application (LULA) elevator, as defined under ASME A17.1 Part 5.2.

"Accessibility technician" means any person who possesses an accessibility technician's license in accordance with the provisions of Sections 43 and 47 of this Act and who is engaged in erecting, constructing, installing, altering, servicing, testing, repairing, or maintaining accessibility conveyances covered by this Act.

"Accessibility technician'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 erect, install, construct, alter, service, repair, test, maintain, and perform electrical work on an accessibility conveyance.

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

"ANSI A10.4" means the safety requirements for personnel hoists, an American National Standard.

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

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

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

"ASME A18.1" means the Safety Standard for Platform Lifts and Stairway Chairlifts, an American National Standard.

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

"Board" means the Elevator Safety Review Board.

"Certificate of operation" means a certificate issued by the Administrator that indicates that the conveyance has passed the required safety inspection and tests and fees have been paid as set forth in this Act. The Administrator may issue a temporary certificate of operation that permits the temporary use of a non-compliant conveyance by the general public for a limited time of 30 days while minor repairs are being completed.

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

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

"Elevator contractor" means any person, firm, or corporation who possesses an elevator contractor's license in accordance with the provisions of Sections 40 and 55 of this Act and who is engaged in the business of erecting, constructing, installing, altering, servicing, repairing, or maintaining elevators or related conveyance covered by this Act.

"Elevator contractor's license" means a license issued to an elevator contractor who has proven his or her qualifications and ability and has been authorized by the Elevator Safety Review Board to possess this type of license. It shall entitle the holder thereof to engage in the business of erecting, constructing, installing, altering, servicing, testing, repairing, or maintaining elevators or related conveyance covered by this Act. The Administrator may issue a limited elevator contractor's license authorizing a firm or company that employs individuals to carry on a business of erecting, constructing, installing, altering, servicing, repairing, or maintaining platform lifts and stairway chairlifts within any building or structure, including but not limited to private residences.

"Elevator inspector" means any person who possesses an elevator inspector's license in accordance with the provisions of this Act or any person who performs the duties and functions of an elevator inspector for any unit of local government with a population greater than 500,000 prior to or on the effective date of this Act.

"Elevator mechanic" means any person who possesses an elevator mechanic's license in accordance with the provisions of Sections 40 and 45 of this Act and who is engaged in erecting, constructing, installing, altering, servicing, repairing, or maintaining elevators or related conveyance covered by this Act.

"Elevator mechanic's license" means a license issued to a person who has proven his or her qualifications and ability and has been authorized by the Elevator Safety Review Board to work on conveyance equipment. It shall entitle the holder thereof to install, construct, alter, service, repair, test, maintain, and perform electrical work on elevators or related conveyance covered by this Act.

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

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

"Inspector's license" means a license issued to a person who has proven his or her qualifications and ability and has been authorized by the Elevator Safety Review Board to possess this type of license. It shall entitle the holder thereof to engage in the business of inspecting elevators or related conveyance covered by this Act.

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

"Material alteration" means an "alteration" as defined by the Board.

"Moving walk" means an installation as defined as a "moving walk" in ASME A17.1.

"Private residence" means a separate dwelling or a separate apartment in a multiple dwelling that is occupied by members of a single-family unit.

"Repair" has the meaning defined by the Board, which does not require a permit.

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

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

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

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

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

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

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

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

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

(Source: P.A. 92-873, eff. 6-1-03; revised 1-20-03.)

(225 ILCS 312/20)

(Section scheduled to be repealed on January 1, 2013)

Sec. 20. License required.

(a) After July 1, 2003, no person shall erect, construct, wire, alter, replace, maintain, remove, or dismantle any conveyance contained within buildings or structures in the jurisdiction of this State unless he or she possesses an elevator mechanic's license under this Act and unless he or she works under the direct supervision of a person, firm, or company having an elevator contractor's license in accordance with Section 40 of this Act or exempted by that Section. However, a licensed elevator contractor is not required for removal or dismantling of conveyances that are destroyed as a result of a complete demolition of a secured building or structure or where the hoistway or wellway is demolished back to the basic support structure and where no access is permitted that would endanger the safety and welfare of a person.

(a-5) On or after the effective date of this amendatory Act of the 94th General Assembly, no person shall erect, construct, wire, alter, replace, maintain, remove, or dismantle any accessibility conveyance contained within buildings or structures in the jurisdiction of this State unless he or she possesses an accessibility conveyance technician's license under this Act and unless he or she works under the direct supervision of a person, firm, or company having an accessibility conveyance contractor's license in accordance with Section 43 of this Act or exempted by that Section. However, a licensed accessibility contractor is not required for removal or dismantling of conveyances that are destroyed as a result of a complete demolition of a secured building or structure or where the hoistway or wellway is demolished back to the basic support structure and where no access is permitted that would endanger the safety and welfare of a person.

(b) After July 1, 2003, no person shall inspect any conveyance within buildings or structures, including, but not limited, to private residences, unless he or she has an inspector's license.

(Source: P.A. 92-873, eff. 6-1-03.)

(225 ILCS 312/25)

(Section scheduled to be repealed on January 1, 2013)

Sec. 25. Elevator Safety Review Board.

(a) There is hereby created within the Office of the State Fire Marshal the Elevator Safety Review Board, consisting of 17 13 members. The Administrator shall appoint 3 members who shall be representatives of of a fire service communities. The Governor shall appoint the remaining 14 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 who is not affiliated with any other group specified in this Section; one representative of a municipality in this State with a population over 500,000 who is not affiliated with any other group specified in this Section; one representative of a municipality in this State with a population under 25,000 who is not affiliated with any other group specified in this Section; one representative of a municipality in this State with a population of 25,000 or over but under 50,000 who is not affiliated with any other group specified in this Section; one representative of a municipality in this State with a population of 50,000 or over but under 500,000 who is not affiliated with any other group specified in this Section; one representative of a building owner or manager; and one representative of labor involved in the installation, maintenance, and repair of elevators; 2 representatives of the disabled community recommended by the Illinois Network of Centers for Independent Living; one representative of the aging community recommended by the Illinois Association of Area Agencies on Aging; and one licensed accessibility conveyance contractor who is a member of Associated Builders and Contractors.

(b) The members constituting the Board shall be appointed for initial terms as follows:

(1) Of the members appointed by the Administrator, 2 shall serve for a term of 2 years, and one for a term of 4 years.

(2) Of the members appointed by the Governor, 2 shall serve for a term of one year, 2 for terms of 2 years, 2 for terms of 3 years, and 4 for terms of 4 years.

(3) Of the members appointed by the Governor pursuant to this amendatory Act of the 94th General Assembly, 2 shall serve for a term of 2 years and 2 shall serve for a 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. 92-873, eff. 6-1-03; revised 1-20-03.)

(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 A18.1), the Standard for the Qualification of Elevator Inspectors (ASME QEI-1), the Automated People Mover Standards (ASCE 21), and the safety requirements for personnel hoists (ANSI A10.4). The rules shall also establish standards and criteria consistent with this Act for licensing of accessibility conveyance technicians and accessibility conveyance contractors, including the provisions of the Safety Code for Platform Lifts and Stairway Chairlifts (ASME A18.1), the Safety Code for Private Residence Elevators (ASME A17.1, Part 5.3), the Safety Code for Dumbwaiters without Automatic Transfer Devices (ASME A17.1, Parts 7.1 and 7.2), and the Safety Code for Limited Use/Limited Application elevators (ASME 17.1, Part 5.2).

(b) The Board shall have the authority to grant exceptions and variances from the literal requirements of applicable State codes, standards, and regulations in cases where such variances would not jeopardize the public safety and welfare. The Board shall have the authority to hear appeals, hold hearings, and decide upon such within 30 days of the appeal.

(c) The Board shall establish fee schedules for licenses, permits, certificates, and inspections. The fees shall be set at an amount necessary to cover the actual costs and expenses to operate the Board and to conduct the duties as described in this Act.

(d) The Board shall be authorized to recommend the amendments of applicable legislation, when appropriate, to legislators.

(e) The Administrator may solicit the advice and expert knowledge of the Board on any matter relating to the administration and enforcement of this Act.

(f) The Administrator may employ professional, technical, investigative, or clerical help, on either a full-time or part-time basis, as may be necessary for the enforcement of this Act.

(g) The Board shall not have authority within municipalities with a population over 500,000 that have a municipal code that covers the design, construction, operation, inspection, testing, maintenance, alteration, and repair of elevators, dumbwaiters, escalators, and moving walks.

(Source: P.A. 92-873, eff. 6-1-03.)

(225 ILCS 312/40)

(Section scheduled to be repealed on January 1, 2013)

Sec. 40. Application for elevator contractor's license.

(a) Any person, firm, or company wishing to engage in the business of installing, altering, repairing, servicing, replacing, or maintaining elevators, dumbwaiters, escalators, or moving walks within this State shall make application for a license with the Administrator.

(b) All applications shall contain the following information:

(1) if the applicant is a person, the name, residence, and business address of the applicant;

(2) if the applicant is a partnership, the name, residence, and business address of each partner;

(3) if the applicant is a domestic corporation, the name and business address of the corporation and the name and residence address of the principal officer of the corporation;

(4) if the applicant is a corporation other than a domestic corporation, the name and address of an agent locally located who shall be authorized to accept service of process and official notices;

(5) the number of years the applicant has engaged in the business of installing, inspecting, maintaining, or servicing elevators or platform lifts or both;

(6) if applying for an elevator contractor's license, the approximate number of persons, if any, to be employed by the elevator contractor applicant and, if applicable, satisfactory evidence that the employees are or will be covered by workers' compensation insurance;

(7) satisfactory evidence that the applicant is or will be covered by general liability, personal injury, and property damage insurance;

(8) any criminal record of convictions; and

(9) any other information as the Administrator may require.

(c) This Section does not apply to a person, firm, or company located in a municipality with a population over 500,000 that provides for the licensure of contractors for work performed within the corporate boundaries of a municipality with a population over 500,000.

(Source: P.A. 92-873, eff. 6-1-03.)

(225 ILCS 312/43 new)

(Section scheduled to be repealed on January 1, 2013)

Sec. 43. Application for accessibility conveyance contractor's license.

(a) Any person, firm, or company wishing to engage in the business of installing, altering, repairing, servicing, replacing, or maintaining accessibility conveyances within this State shall make application for a license with the Administrator.

(b) All applications shall contain the following information:

(1) if the applicant is a person, the name, residence, and business address of the applicant;

(2) if the applicant is a partnership, the name, residence, and business address of each partner;

(3) if the applicant is a domestic corporation, the name and business address of the corporation and the name and residence address of the principal officer of the corporation;

(4) if the applicant is a corporation other than a domestic corporation, the name and address of an agent locally located who shall be authorized to accept service of process and official notices;

(5) the number of years the applicant has engaged in the business of installing, inspecting, maintaining, or servicing accessibility conveyances;

(6) the approximate number of persons, if any, to be employed by the accessibility conveyance contractor applicant and, if applicable, satisfactory evidence that the employees are or will be covered by workers' compensation insurance;

(7) satisfactory evidence that the applicant is or will be covered by general liability, personal injury, and property damage insurance;

(8) any criminal record of convictions; and

(9) any other information as the Administrator may require.

(c) This Section does not apply to a person, firm, or company located in a municipality with a population over 500,000 that provides for the licensure of contractors for work performed within the corporate boundaries of a municipality with a population over 500,000.

(225 ILCS 312/47 new)

(Section scheduled to be repealed on January 1, 2013)

Sec. 47. Qualifications for accessibility technician's license.

(a) No license shall be granted to any person who has not paid the required application fee.

(b) No license shall be granted to any person who has not proven his or her qualifications and abilities. Applicants for an accessibility technician'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 2 years work experience in the accessibility conveyance industry, in construction, maintenance, and service or repair, as verified by current and previous employers; and

(B) satisfactory completion of a written examination administered by the Elevator Safety Review Board on the adopted rules, referenced codes, and standards.

(2) Acceptable proof that he or she has worked as an accessibility technician; acceptable proof shall consist of documentation that he or she worked substantially without direct and immediate supervision for an accessibility conveyance contractor who has worked on accessibility conveyances in this State for a period of not less than 3 years immediately prior to the effective date of this amendatory Act of the 94th General Assembly. In order for a person to be granted a license under this paragraph (2), the person must make application within one year after the effective date of adopted rules established to implement this Section.

(3) A certificate of successful completion of a nationally recognized training program for the accessibility conveyance industry such as the National Elevator Industry Educational Program, the National Association of Elevator Contractors Certified Elevator Technician or Certified Accessibility and Private Lift Programs, or an equivalent program.

(4) A certificate of completion of an apprenticeship program registered with the Bureau of Apprenticeship and Training, U.S. Department of Labor.

(5) A valid license from a state having standards substantially equal to those of this State.

(225 ILCS 312/57 new)

(Section scheduled to be repealed on January 1, 2013)

Sec. 57. Qualifications for accessibility contractor's license.

(a) No license shall be granted to any person, firm, or corporation unless the appropriate application fee is paid.

(b) No license shall be granted to any person, firm, or corporation who has not proven the required qualifications and abilities. An applicant must demonstrate one of the following qualifications:

(1) Proof of 5 years work experience in the accessibility conveyance industry in construction, maintenance, and service or repair of accessibility conveyance equipment.

(2) Satisfactory completion of a written examination administered by the Elevator Safety Review Board on the most recent referenced codes and standards.

(3) Proof that the individual or firm holds a valid license from a state having standards substantially equal to those of this State.

(c) This Section does not apply to a person or firm engaged in business as an accessibility conveyance contractor in a municipality with a population over 500,000 that provides for the licensure of contractors for work performed on accessibility conveyances within the corporate boundaries of a municipality with a population over 500,000.

(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 non-residential elevators, platform lifts, dumbwaiters, escalators, moving walks, and any other conveyance. Within 6 months after the date of the appointment of the Board, the owner or lessee of every existing conveyance, except accessibility conveyances installed in a private residence after the effective date of this amendatory Act of the 94th General Assembly, 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.

The owner of an existing accessibility conveyance installed in a private residence may register the conveyance with the Administrator. No State fee or State penalty shall be charged for registration of an accessibility conveyance installed in a private residence.

(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. If the permit is obtained from a municipality or other unit of local government, the municipality or other unit of local government that issued the permit shall keep the permit on file for a period of not less than one year from the date of issuance and send a copy to the Administrator for inspection. Where any material alteration is made, the device shall conform to applicable requirements in ASME A17.1, ASME A18.1, ASCE 21, or ANSI A10.4. No permit required under this Section shall be issued except to a person, firm, or corporation holding a current elevator contractor's license or accessibility contractor's license, duly issued pursuant to this Act. A copy of the permit shall be kept at the construction site at all times while the work is in progress.

(b) The permit fee shall be as set by the Board. Permit fees collected are non-refundable.

(c) Each application for a permit shall be accompanied by applicable fees and by copies of specifications and accurately scaled and fully dimensioned plans showing the location of the installation in relation to the plans and elevation of the building, the location of the machinery room and the equipment to be installed, relocated, or altered, and all structural supporting members, including foundations. The applicant shall also specify all materials to be employed and all loads to be supported or conveyed. These plans and specifications shall be sufficiently complete to illustrate all details of construction and design.

(d) Permits may be revoked for the following reasons:

(1) Any false statements or misrepresentation as to the material facts in the application, plans, or specifications on which the permit was based.

(2) The permit was issued in error and should not have been issued in accordance with the code.

(3) The work detailed under the permit is not being performed in accordance with the provisions of the application, plans, or specifications or with the code or conditions of the permit.

(4) The elevator contractor or accessibility contractor to whom the permit was issued fails or refuses to comply with a "stop work" order.

(5) If the work authorized by a permit is not commenced within 6 months after the date of issuance, or within a shorter period of time as the Administrator or his or her duly authorized representative in his or her discretion may specify at the time the permit is issued.

(6) If the work is suspended or abandoned for a period of 60 days, or shorter period of time as the Administrator or his or her duly authorized representative in his or her discretion may specify at the time the permit is issued, after the work has been started. For good cause, the Administrator or his or her representative may allow an extension of this period at his or her discretion.

(e) This Section does not apply to conveyances located in a municipality with a population over 500,000 that provides for permits of such conveyances.

(f) No State permit fee shall be applied to an accessibility conveyance that has been verified by an elevator contractor or an accessibility contractor as a conveyance for use in a private residence.

(Source: P.A. 92-873, eff. 6-1-03.)

(225 ILCS 312/95)

(Section scheduled to be repealed on January 1, 2013)

Sec. 95. New installations; certificates of operation annual inspections and registrations.

(a) All new conveyance installations shall be performed by a person, firm, or company to which a license to install or service conveyances has been issued. Subsequent to installation, the licensed person, firm, or company must certify compliance with the applicable Sections of this Act. Prior to any conveyance being used, the property owner or lessee must obtain a certificate of operation from the Administrator, unless the property is located within a municipality with a population greater than 500,000. A fee as set forth in this Act shall be paid for the certificate of operation. It shall be the responsibility of the licensed elevator contractor or accessibility contractor to complete and submit first time registration for new installations. The certificate of operation fee for newly installed accessibility conveyances platform lifts and stairway chair lifts for private residences shall be subsequent to an inspection by a licensed third party inspection firm.

(b) No State The certificate of operation fee shall be required for any all new and existing accessibility conveyance installed in a private residence platform and stairway chair lifts for private residences and any renewal certificate fees shall be waived. The Administrator or his or her designee shall inspect, in accordance with the requirements set forth in this Act, all newly installed and existing platform lifts and stairway chair lifts for private residences subsequent to an inspection by a person, firm, or company to which a license to inspect conveyances has been issued, unless the private residence is located within a municipality with a population greater than 500,000.

(c) The A certificate of operation referenced in subsection subsections (a) and (b) of this Section is renewable annually, except for certificates issued for accessibility conveyances platform and stairway chairlifts for private residences, which shall be valid for a period of 3 years. Certificates of operation must be clearly displayed on or in each conveyance or in the machine room for use for the benefit of code enforcement staff.

(Source: P.A. 92-873, eff. 6-1-03.)

(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 $2,000,000 for injury or death of any one person and $2,000,000 for injury or death of any number of persons in any one occurrence, with coverage of at least $1,000,000 for property damage in any one occurrence and statutory workers compensation insurance coverage.

(a-5) Accessibility conveyance 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 for injury or death of any one person and $2,000,000 for injury or death of any number of persons in any one occurrence, with coverage of at least $1,000,000 for property damage in any one occurrence and statutory workers compensation insurance coverage.

(b) Private elevator inspectors shall submit to the Administrator an insurance policy or certified copy thereof, issued by an insurance company authorized to do business in the State, to provide general liability coverage of at least $2,000,000 for injury or death of any one person and $2,000,000 for injury or death of any number of persons in any one occurrence, with coverage of at least $1,000,000 for property damage in any one occurrence and statutory workers compensation insurance coverage.

(c) These policies, or duly certified copies thereof, or an appropriate certificate of insurance, approved as to form by the Department of Insurance, shall be delivered to the Administrator before or at the time of the issuance of a license. In the event of a material alteration or cancellation of a policy, at least 10 days notice thereof shall be given to the Administrator.

(Source: P.A. 92-873, eff. 6-1-03.)

(225 ILCS 312/107 new)

(Section scheduled to be repealed on January 1, 2013)

Sec. 107. Violations.

(a) Any person who willingly violates any provision of this Act or a rule, regulation, or safety code provided for equipment defined under Section 10 of this Act shall be guilty of a Class B misdemeanor and a fine of $500 for the first offense; and a second or subsequent violation of this Act shall be guilty of a Class A misdemeanor with a fine of $1,000. Each day of violation constitutes a separate offense. The State's Attorney of the County in which the violation occurred or the Attorney General shall bring such actions in the name of the People of the State of Illinois. The court may enjoin the use of conveyances installed in violation of this Act or of a rule or regulation adopted under this Act until it has been corrected to comply with the minimum safety standards for conveyances set forth in Section 10 of this Act.

(b) If it is established that an individual has been or is engaging in or about to engage in any activity set forth Section 10 of this Act without having been issued a license or has been or is engaged in or is about to engage in any activity set forth in Section 10 of this Act after his or her license has been suspended or revoked or after his or her license has not been renewed, the Court may enter a judgment perpetually enjoining the individual from further engaging such activity. In case of violation of any injunction entered under this Section, the Court may summarily sanction the offender for contempt of Court. Such injunction proceedings shall be in addition to, and not in lieu of, all penalties and other remedies provided in this Act.

(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 by a person, firm, or company to which a license to inspect conveyances has been issued. Subsequent to inspection, the licensed person, firm, or company must supply the property owner or lessee and the Administrator with a written inspection report describing any and all violations. Property owners shall have 30 days from the date of the published inspection report to be in full compliance by correcting the violations.

(b) It shall be the responsibility of the owner of all conveyances to have a firm or company licensed as described in this Act to ensure that the required inspection and test are performed at intervals in compliance with ASME A17.1, ASME A18.1, and ASCE 21.

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

(d) Accessibility conveyances shall be tested by a licensed elevator mechanic or a licensed accessibility technician.

(e) The owner of a new or existing non-hoistway accessibility conveyance may have the conveyance inspected by a third party licensed elevator inspector. Any new hoistway accessibility conveyance shall be inspected no less than every three years by a third party licensed elevator inspector.

(Source: P.A. 92-873, eff. 6-1-03.)

(225 ILCS 312/135)

(Section scheduled to be repealed on January 1, 2013)

Sec. 135. Residential accessibility conveyances Elevators in private residences. The owner of an accessibility a conveyance installed located in a his or her private residence may register, pay the required fee, and have his or her existing conveyance inspected. The Administrator shall provide notice to the owner of the private residence where the conveyance is located with relevant information about conveyance safety requirements, including the need to have the accessibility conveyance elevator periodically and timely inspected and made safe. Any inspection performed shall be done solely at the request and with the consent of the private residence owner. No penalty provision of this Act shall apply to private residence owners.

(Source: P.A. 92-873, eff. 6-1-03.)

Section 99. Effective date. This Act takes effect upon becoming law.