[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Enrolled ] |
| [ House Amendment 001 ] | [ House Amendment 003 ] | [ House Amendment 005 ] |
| [ House Amendment 006 ] |
92_SB1701ham002
LRB9212107ACcdam04
1 AMENDMENT TO SENATE BILL 1701
2 AMENDMENT NO. . Amend Senate Bill 1701, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
5 "Section 1. Short title. This Act may be cited as the
6 Elevator Safety and Regulation Act.
7 Section 5. Purpose. The purpose of this Act is to
8 provide for the public safety of life and limb and to promote
9 public safety awareness. The use of unsafe and defective
10 lifting devices imposes a substantial probability of serious
11 and preventable injury to employees and the public exposed to
12 unsafe conditions. The prevention of these injuries and
13 protection of employees and the public from unsafe conditions
14 is in the best interest of the people of this State. Elevator
15 personnel performing work covered by this Act shall, by
16 documented training or experience or both, be familiar with
17 the operation and safety functions of the components and
18 equipment. Training and experience shall include, but not be
19 limited to, recognizing the safety hazards and performing the
20 procedures to which they are assigned in conformance with the
21 requirements of the Act. This Act shall establish the minimum
22 standards for elevator personnel.
-2- LRB9212107ACcdam04
1 This Act is not intended to interfere with the home rule
2 powers of a municipality with a population over 500,000,
3 including the power to license and regulate any profession or
4 occupation.
5 The provisions of this Act are not intended to prevent
6 the use of systems, methods, or devices of equivalent or
7 superior quality, strength, fire resistance, code
8 effectiveness, durability, and safety to those required by
9 the Act, provided that there is technical documentation to
10 demonstrate the equivalency of the system, method, or device,
11 as prescribed in ASME A17.1, ASME A18.1, or ASCE 21.
12 Section 10. Applicability.
13 (a) This Act covers the design, construction, operation,
14 inspection, testing, maintenance, alteration, and repair of
15 the following equipment, its associated parts, and its
16 hoistways (except as modified by subsection (c) of this
17 Section):
18 (1) Hoisting and lowering mechanisms equipped with a
19 car or platform, which move between 2 or more landings.
20 This equipment includes, but is not limited to, the
21 following (also see ASME A17.1, ASME A17.3, ASME A18.1,
22 and ANSI A10.4):
23 (A) Elevators.
24 (B) Platform lifts and stairway chair lifts.
25 (2) Power driven stairways and walkways for carrying
26 persons between landings. This equipment includes, but is
27 not limited to, the following (also see ASME A17.1 and
28 ASME A17.3):
29 (A) Escalators.
30 (B) Moving walks.
31 (3) Hoisting and lowering mechanisms equipped with a
32 car, which serves 2 or more landings and is restricted to
33 the carrying of material by its limited size or limited
-3- LRB9212107ACcdam04
1 access to the car. This equipment includes, but is not
2 limited to, the following (also see ASME A17.1 and ASME
3 A17.3):
4 (A) Dumbwaiters.
5 (B) Material lifts and dumbwaiters with
6 automatic transfer devices.
7 (b) This Act covers the design, construction, operation,
8 inspection, maintenance, alteration, and repair of automatic
9 guided transit vehicles on guideways with an exclusive
10 right-of-way. This equipment includes, but is not limited to,
11 automated people movers (also see ASCE 21).
12 (c) This Act does not apply to the following equipment:
13 (1) Material hoists.
14 (2) Belt manlifts.
15 (3) Mobile scaffolds, towers, and platforms, except
16 those covered by ANSI A10.4.
17 (4) Powered platforms and equipment for exterior and
18 interior maintenance.
19 (5) Conveyors and related equipment.
20 (6) Cranes, derricks, hoists, hooks, jacks, and
21 slings.
22 (7) Industrial trucks.
23 (8) Portable equipment, except for portable
24 escalators.
25 (9) Tiering or piling machines used to move
26 materials to and from storage located and operating
27 entirely within one story.
28 (10) Equipment for feeding or positioning materials
29 at machine tools, printing presses, etc.
30 (11) Skip or furnace hoists.
31 (12) Wharf ramps.
32 (13) Railroad car lifts or dumpers.
33 (14) Line jacks, false cars, shafters, moving
34 platforms, and similar equipment used for installing an
-4- LRB9212107ACcdam04
1 elevator by a contractor licensed in this State.
2 (15) Railway and Transit Systems.
3 Section 15. Definitions. For the purpose of this Act:
4 "Administrator" means the Office of the State Fire
5 Marshal.
6 "ANSI A10.4" means the safety requirements for personnel
7 hoists, an American National Standard.
8 "ASCE 21" means the American Society of Civil Engineers
9 Automated People Mover Standards.
10 "ASME A17.1" means the Safety Code for Elevators and
11 Escalators, an American National Standard.
12 "ASME A17.3" means the Safety Code for Existing Elevators
13 and Escalators, an American National Standard.
14 "ASME A18.1" means the Safety Standard for Platform Lifts
15 and Stairway Chairlifts, an American National Standard.
16 "Automated people mover" means an installation as defined
17 as an "automated people mover" in ASCE 21.
18 "Board" means the Elevator Safety Review Board.
19 "Certificate of operation" means a certificate issued by
20 the Administrator that indicates that the conveyance has
21 passed the required safety inspection and tests and fees have
22 been paid as set forth in this Act. The Administrator may
23 issue a temporary certificate of operation that permits the
24 temporary use of a non-compliant conveyance by the general
25 public for a limited time of 30 days while minor repairs are
26 being completed.
27 "Conveyance" means any elevator, dumbwaiter, escalator,
28 moving sidewalk, platform lifts stairway chairlifts and
29 automated people movers.
30 "Elevator" means an installation defined as an "elevator"
31 in ASME A17.1.
32 "Elevator contractor" means any person, firm, or
33 corporation who possesses an elevator contractors license in
-5- LRB9212107ACcdam04
1 accordance with the provisions of Sections 40 and 55 of this
2 Act and who is engaged in the business of erecting,
3 constructing, installing, altering, servicing, repairing, or
4 maintaining elevators or related conveyance covered by this
5 Act.
6 "Elevator contractor's license" means a license issued
7 to an elevator contractor who has proven his or her
8 qualifications and ability and has been authorized by the
9 Elevator Safety Review Board to possess this type of license.
10 It shall entitle the holder thereof to engage in the business
11 of erecting, constructing, installing, altering, servicing,
12 testing, repairing, or maintaining elevators or related
13 conveyance covered by this Act. The Administrator may issue
14 a limited elevator contractor's license authorizing a firm or
15 company that employs individuals to carry on a business of
16 erecting, constructing, installing, altering, servicing,
17 repairing, or maintaining platform lifts and stairway
18 chairlifts within any building or structure, including but
19 not limited to private residences.
20 "Elevator inspector" means any person who possesses an
21 elevator inspector's license in accordance with the
22 provisions of this Act or any person who performs the duties
23 and functions of an elevator inspector for any unit of local
24 government with a population greater than 500,000 prior to or
25 on the effective date of this Act.
26 "Elevator mechanic" means any person who possesses an
27 elevator mechanic's license in accordance with the provisions
28 of Sections 40 and 45 of this Act and who is engaged in
29 erecting, constructing, installing, altering, servicing,
30 repairing, or maintaining elevators or related conveyance
31 covered by this Act.
32 "Elevator mechanic's license" means a license issued to a
33 person who has proven his or her qualifications and ability
34 and has been authorized by the Elevator Safety Review Board
-6- LRB9212107ACcdam04
1 to work on conveyance equipment. It shall entitle the holder
2 thereof to install, construct, alter, service, repair, test,
3 maintain, and perform electrical work on elevators or related
4 conveyance covered by this Act.
5 "Escalator" means an installation defined as an
6 "escalator" in ASME A17.1.
7 "Existing installation" means an installation defined as
8 an "installation, existing" in ASME A17.1.
9 "Inspector's license" means a license issued to a person
10 who has proven his or her qualifications and ability and has
11 been authorized by the Elevator Safety Review Board to
12 possess this type of license. It shall entitle the holder
13 thereof to engage in the business of inspecting elevators or
14 related conveyance covered by this Act.
15 "License" means a written license, duly issued by the
16 Administrator, authorizing a person, firm, or company to
17 carry on the business of erecting, constructing, installing,
18 altering, servicing, repairing, maintaining, or performing
19 inspections of elevators or related conveyance covered by
20 this Act.
21 "Material alteration" means an "alteration" as defined by
22 the Board.
23 "Moving walk" means an installation as defined a "moving
24 walk" in ASME A17.1.
25 "Private residence" means a separate dwelling or a
26 separate apartment in a multiple dwelling that is occupied by
27 members of a single-family unit.
28 "Repair" has the meaning defined by the Board, which does
29 not require a permit.
30 "Temporarily dormant" means an elevator, dumbwaiter, or
31 escalator:
32 (1) with a power supply that has been disconnected
33 by removing fuses and placing a padlock on the mainline
34 disconnect switch in the "off" position;
-7- LRB9212107ACcdam04
1 (2) with a car that is parked and hoistway doors
2 that are in the closed and latched position;
3 (3) with a wire seal on the mainline disconnect
4 switch installed by a licensed elevator inspector;
5 (4) that shall not be used again until it has been
6 put in safe running order and is in condition for use;
7 (5) requiring annual inspections for the duration of
8 the temporarily dormant status by a licensed elevator
9 inspector;
10 (6) that has a "temporarily dormant" status that is
11 renewable on an annual basis, not to exceed a one-year
12 period;
13 (7) requiring the inspector to file a report with
14 the chief elevator inspector describing the current
15 conditions; and
16 (8) with a wire seal and padlock that shall not be
17 removed for any purpose without permission from the
18 elevator inspector.
19 Section 20. License required.
20 (a) After July 1, 2003, no person shall erect, construct,
21 wire, alter, replace, maintain, remove, or dismantle any
22 conveyance contained within buildings or structures in the
23 jurisdiction of this State unless he or she possesses an
24 elevator mechanic's license under this Act and unless he or
25 she works under the direct supervision of a person, firm, or
26 company having an elevator contractor's license in accordance
27 with Section 40 of this Act or exempted by that Section.
28 However, a licensed elevator contractor is not required for:
29 (1) removal or dismantling of conveyances that are
30 destroyed as a result of a complete demolition of a
31 secured building or structure or where the hoistway or
32 wellway is demolished back to the basic support structure
33 and where no access is permitted that would endanger the
-8- LRB9212107ACcdam04
1 safety and welfare of a person; and
2 (2) the conveyance is to be installed in the
3 hoistway that was demolished to the basic support
4 structure.
5 (b) After July 1, 2003, no person shall inspect any
6 conveyance within buildings or structures, including, but not
7 limited, to private residences, unless he or she has an
8 inspector's license.
9 Section 25. Elevator Safety Review Board.
10 (a) There is hereby created within the Office of the
11 State Fire Marshal the Elevator Safety Review Board,
12 consisting of 11 members. The Administrator shall appoint 3
13 members who shall be representatives of a fire service
14 communities. The Governor shall appoint the remaining 8
15 members of the Board as follows: one representative from a
16 major elevator manufacturing company or its authorized
17 representative; one representative from an elevator servicing
18 company; one representative of the architectural design
19 profession; one representative of the general public; one
20 representative of a municipality in this State with a
21 population over 500,000; one representative of a municipality
22 in this State with a population under 500,000; one
23 representative of a building owner or manager; and one
24 representative of labor involved in the installation,
25 maintenance, and repair of elevators.
26 (b) The members constituting the Board shall be appointed
27 for initial terms as follows:
28 (1) Of the members appointed by the Administrator, 2
29 shall serve for a term of 2 years, and one for a term of
30 4 years.
31 (2) Of the members appointed by the Governor, 2
32 shall serve for a term of one year, 2 for terms of 2
33 years, 2 for terms of 3 years, and 2 for terms of 4
-9- LRB9212107ACcdam04
1 years.
2 At the expiration of their initial terms of office, the
3 members or their successors shall be appointed for terms of 4
4 years each. Upon the expiration of a member's term of office,
5 the officer who appointed that member shall reappoint that
6 member or appoint a successor who is a representative of the
7 same interests with which his or her predecessor was
8 identified. The Administrator and the Governor may at any
9 time remove any of their respective appointees for
10 inefficiency or neglect of duty in office. Upon the death or
11 incapacity of a member, the officer who appointed that member
12 shall fill the vacancy for the remainder of the vacated term
13 by appointing a member who is a representative of the same
14 interests with which his or her predecessor was identified.
15 The members shall serve without salary, but shall receive
16 from the State expenses necessarily incurred by them in
17 performance of their duties. The Governor shall appoint one
18 of the members to serve as chairperson. The chairperson
19 shall be the deciding vote in the event of a tie vote.
20 Section 30. Meeting of the Board. The Board shall meet
21 and organize within 10 days after the appointment of its
22 members and at such meeting shall elect one secretary of the
23 Board to serve during the term to be fixed by the rules
24 adopted by the Board. The Board shall meet regularly once
25 each quarter or as often as deemed necessary by the
26 Administrator at a time and place to be fixed by it and at
27 such times as it is deemed necessary for the consideration of
28 code regulations, appeals, variances, and for the transaction
29 of any other business as properly may come before it. Special
30 meetings shall be called as provided in Board rules.
31 Section 35. Powers and duties of the Board.
32 (a) The Board shall consult with engineering authorities
-10- LRB9212107ACcdam04
1 and organizations and adopt rules consistent with the
2 provisions of this Act for the administration and enforcement
3 of this Act. The Board may prescribe forms to be issued in
4 connection with the administration and enforcement of this
5 Act. The rules shall establish standards and criteria
6 consistent with this Act for licensing of elevator mechanics,
7 inspectors, and installers of elevators, including the
8 provisions of the Safety Code for Elevators and Escalators
9 (ASME A17.1), the Safety Code for Existing Elevators (ASME
10 A18.1), the Standard for the Qualification of Elevator
11 Inspectors (ASME QEI-1), the Automated People Mover Standards
12 (ASCE 21), and the safety requirements for personnel hoists
13 (ANSI A10.4).
14 (b) The Board shall have the authority to grant
15 exceptions and variances from the literal requirements of
16 applicable codes, standards, regulations, and local
17 legislation in cases where such variances would not
18 jeopardize the public safety and welfare. The Board shall
19 have the authority to hear appeals, hold hearings, and decide
20 upon such within 30 days of the appeal.
21 (c) The Board shall establish fee schedules for licenses,
22 permits, certificates, and inspections. The fees shall be set
23 at an amount necessary to cover the actual costs and expenses
24 to operate the Board and to conduct the duties as described
25 in this Act.
26 (d) The Board shall be authorized to recommend the
27 amendments of applicable legislation, when appropriate, to
28 legislators.
29 (e) The Administrator may solicit the advice and expert
30 knowledge of the Board on any matter relating to the
31 administration and enforcement of this Act.
32 (f) The Administrator may employ professional, technical,
33 investigative, or clerical help, on either a full-time or
34 part-time basis, as may be necessary for the enforcement of
-11- LRB9212107ACcdam04
1 this Act.
2 (g) The Board shall not have authority within
3 municipalities with a population over 500,000 that have a
4 municipal code that covers the design, construction,
5 operation, inspection, testing, maintenance, alteration, and
6 repair of elevators, dumbwaiters, escalators, and moving
7 walks.
8 Section 40. Application for contractor's license.
9 (a) Any person, firm, or company wishing to engage in the
10 business of installing, altering, repairing, servicing,
11 replacing, or maintaining elevators, dumbwaiters, escalators,
12 or moving walks within this State shall make application for
13 a license with the Administrator.
14 (b) All applications shall contain the following
15 information:
16 (1) if the applicant is a person, the name,
17 residence, and business address of the applicant;
18 (2) if the applicant is a partnership, the name,
19 residence, and business address of each partner;
20 (3) if the applicant is a domestic corporation, the
21 name and business address of the corporation and the name
22 and residence address of the principal officer of the
23 corporation;
24 (4) if the applicant is a corporation other than a
25 domestic corporation, the name and address of an agent
26 locally located who shall be authorized to accept service
27 of process and official notices;
28 (5) the number of years the applicant has engaged in
29 the business of installing, inspecting, maintaining, or
30 servicing elevators or platform lifts or both;
31 (6) if applying for an elevator contractor's
32 license, the approximate number of persons, if any, to be
33 employed by the elevator contractor applicant and, if
-12- LRB9212107ACcdam04
1 applicable, satisfactory evidence that the employees are
2 or will be covered by workers' compensation insurance;
3 (7) satisfactory evidence that the applicant is or
4 will be covered by general liability, personal injury,
5 and property damage insurance;
6 (8) any criminal record of convictions; and
7 (9) any other information as the Administrator may
8 require.
9 (c) This Section does not apply to a person, firm, or
10 company located in a municipality with a population over
11 500,000 that provides for the licensure of contractors.
12 Section 45. Qualifications for elevator mechanic's
13 license.
14 (a) No license shall be granted to any person who has not
15 paid the required application fee.
16 (b) No license shall be granted to any person who has not
17 proven his or her qualifications and abilities. Applicants
18 for an elevator mechanic's license must demonstrate one of
19 the following qualifications:
20 (1) an acceptable combination of documented
21 experience and education credits consisting of: (A) not
22 less than 3 years work experience in the elevator
23 industry, in construction, maintenance, and service or
24 repair, as verified by current and previous employers
25 licensed to do business in this State; and (B)
26 satisfactory completion of a written examination
27 administered by the Elevator Safety Review Board on the
28 adopted rules, referenced codes, and standards;
29 (2) acceptable proof that he or she has worked as an
30 elevator constructor, maintenance, or repair person;
31 acceptable proof shall consist of documentation that he
32 or she worked without direct and immediate supervision
33 for an elevator contractor who has worked on elevators in
-13- LRB9212107ACcdam04
1 this State for a period of not less than 3 years
2 immediately prior to the effective date of this Act; the
3 person must make application within one year of the
4 effective date of this Act;
5 (3) a certificate of successful completion of the
6 mechanic examination of a nationally recognized training
7 program for the elevator industry such as the National
8 Elevator Industry Educational Program or its equivalent;
9 (4) a certificate of completion of an elevator
10 mechanic apprenticeship program with standards
11 substantially equal to those of this Act and registered
12 with the Bureau of Apprenticeship and Training, U.S.
13 Department of Labor, or a State apprenticeship council;
14 or
15 (5) a valid license from a state having standards
16 substantially equal to those of this State.
17 Section 50. Qualifications for elevator inspector's
18 license.
19 (a) No inspector's license shall be granted to any person
20 who has not paid the required application fee.
21 (b) No inspector's license shall be granted to any
22 person, unless he or she proves to the satisfaction of the
23 Administrator that he or she meets the current ASME QEI-1,
24 Standards for the Qualifications of Elevator Inspectors.
25 (c) Notwithstanding the provisions of subsections (a)
26 and (b) of this Section, the Administrator shall grant an
27 elevator inspector's license to a person engaged in the
28 practice of inspecting elevators in a municipality with a
29 population over 500,000 who is engaged in business as an
30 elevator inspector on the effective date of this Act.
31 Section 55. Qualifications for elevator contractor's
32 license.
33 (a) No license shall be granted to any person or firm
-14- LRB9212107ACcdam04
1 unless the appropriate application fee is paid.
2 (b) No license shall be granted to any person or firm who
3 has not proven the required qualifications and abilities. An
4 applicant must demonstrate one of the following
5 qualifications:
6 (1) five years work experience in the elevator
7 industry in construction, maintenance, and service or
8 repair, as verified by current and previous elevator
9 contractor's licenses to do business, or satisfactory
10 completion of a written examination administered by the
11 Elevator Safety Review Board on the most recent
12 referenced codes and standards; or
13 (2) proof that the individual or firm holds a valid
14 license from a state having standards substantially equal
15 to those of this State.
16 (c) This Section does not apply to a person or firm
17 engaged in business as an elevator contractor in a
18 municipality with a population over 500,000 that provides for
19 the licensure of elevator contractors.
20 Section 60. Issuance and renewal of licenses; fees.
21 (a) Upon approval of an application, the Administrator
22 may issue a license that must be renewed biannually. The
23 renewal fee for the license shall be set by the Board.
24 (b) Whenever an emergency exists in the State due to
25 disaster or work stoppage and the number of persons in the
26 State holding licenses granted by the Board is insufficient
27 to cope with the emergency, the licensed elevator contractor
28 shall respond as necessary to assure the safety of the
29 public. Any person certified by a licensed elevator
30 contractor to have an acceptable combination of documented
31 experience and education to perform elevator work without
32 direct and immediate supervision shall seek an emergency
33 elevator mechanic's license from the Administrator within 5
-15- LRB9212107ACcdam04
1 business days after commencing work requiring a license. The
2 administrator shall issue emergency elevator mechanic's
3 licenses. The applicant shall furnish proof of competency as
4 the administrator may require. Each license shall recite that
5 it is valid for a period of 30 days from the date thereof and
6 for such particular elevators or geographical areas as the
7 administrator may designate and otherwise shall entitle the
8 licensee to the rights and privileges of a elevator
9 mechanic's license issued under this Act. The administrator
10 shall renew an emergency elevator mechanic's license during
11 the existence of an emergency. No fee shall be charged for
12 any emergency elevator mechanic's license or renewal thereof.
13 (c) A licensed elevator contractor shall notify the
14 administrator when there are no licensed personnel available
15 to perform elevator work. The licensed elevator contractor
16 may request that the administrator issue temporary elevator
17 mechanic's licenses to persons certified by the licensed
18 elevator contractor to have an acceptable combination of
19 documented experience and education to perform elevator work
20 without direct and immediate supervision. Any person
21 certified by a licensed elevator contractor to have an
22 acceptable combination of documented experience and education
23 to perform elevator work without direct and immediate
24 supervision shall immediately seek a temporary elevator
25 mechanic's license from the administrator and shall pay such
26 fee as the Board shall determine. Each license shall recite
27 that it is valid for a period of 30 days from the date of
28 issuance and while employed by the licensed elevator
29 contractor that certified the individual as qualified. It
30 shall be renewable as long as the shortage of license holders
31 shall continue.
32 (d) The renewal of all licenses granted under the
33 provisions of this Section shall be conditioned upon the
34 submission of a certificate of completion of a course
-16- LRB9212107ACcdam04
1 designed to ensure the continuing education of licensees on
2 new and existing provisions of the rules of the Elevator
3 Safety Review Board. Such course shall consist of not less
4 than 8 hours of instruction that shall be attended and
5 completed within one year immediately preceding any such
6 license renewal.
7 (e) The courses referred to in subsection (d) of this
8 Section shall be taught by instructors through continuing
9 education providers that may include, but shall not be
10 limited to, association seminars and labor training programs.
11 The Elevator Safety Review Board shall approve the continuing
12 education providers. All instructors shall be approved by the
13 Board and shall be exempt from the requirements of subsection
14 (d) of this Section with regard to their applications for
15 license renewal, provided that such applicant was qualified
16 as an instructor at any time during the one year immediately
17 preceding the scheduled date for such renewal.
18 (f) A licensee who is unable to complete the continuing
19 education course required under this Section prior to the
20 expiration of his or her license due to a temporary
21 disability may apply for a waiver from the Board. This shall
22 be on a form provided by the Board, which shall be signed
23 under the penalty of perjury and accompanied by a certified
24 statement from a competent physician attesting to such
25 temporary disability. Upon the termination of such temporary
26 disability, the licensee shall submit to the Board a
27 certified statement from the same physician, if practicable,
28 attesting to the termination of the temporary disability, at
29 which time a waiver sticker, valid for 90 days, shall be
30 issued to the licensee and affixed to his or her license.
31 (g) Approved training providers shall keep for a period
32 of 10 years uniform records of attendance of licensees
33 following a format approved by the Board. These records
34 shall be available for inspection by the Board at its
-17- LRB9212107ACcdam04
1 request. Approved training providers shall be responsible for
2 the security of all attendance records and certificates of
3 completion, provided that falsifying or knowingly allowing
4 another to falsify attendance records or certificates of
5 completion shall constitute grounds for suspension or
6 revocation of the approval required under this Section.
7 Section 65. Penalties; suspension and revocation of
8 licenses. A license issued pursuant to this Act may be
9 suspended, revoked, or subjected to a penalty by the
10 administrator upon verification that any one or more of the
11 following reasons exist:
12 (1) any false statement as to material matter in the
13 application;
14 (2) fraud, misrepresentation, or bribery in securing
15 a license;
16 (3) failure to notify the administrator and the
17 owner or lessee of an elevator or related mechanisms of
18 any condition not in compliance with this Act; or
19 (4) violation of any provisions of this Act or the
20 rules promulgated hereunder.
21 Section 67. Fire Prevention Fund. All fees and fires
22 received by the Administrator under this Act shall be
23 deposited into the Fire Prevention Fund.
24 Section 70. Administrative Procedure Act. The Illinois
25 Administrative Procedure Act is hereby expressly adopted and
26 incorporated herein as if all of the provisions of that Act
27 were included in this Act, except that the provision of
28 subsection (d) of Section 10-65 of the Illinois
29 Administrative Procedure Act that provides that at hearings
30 the licensee has the right to show compliance with all lawful
31 requirements for retention, or continuation or renewal of the
-18- LRB9212107ACcdam04
1 license, is specifically excluded. For the purposes of this
2 Act, the notice required under Section 10-25 of the Illinois
3 Administrative Procedure Act is deemed sufficient when mailed
4 to the last known address of a party.
5 Section 75. Administrative Review Law. All final
6 administrative decisions of the Administrator are subject to
7 judicial review under the Administrative Review Law and its
8 rules. The term "administrative decision" is defined as in
9 Section 3-101 of the Code of Civil Procedure.
10 Proceedings for judicial review shall be commenced in the
11 circuit court of the county in which the party applying for
12 review resides, but if the party is not a resident of this
13 State, the venue shall be in Sangamon County.
14 Section 80. Registration of existing elevators, platform
15 lifts, dumbwaiters, escalators, moving walks, and any other
16 conveyance. Within 6 months after the date of the appointment
17 of the Board, the owner or lessee of every existing
18 conveyance shall register with the Administrator each
19 elevator, dumbwaiter, platform lift, escalator, or other
20 device described in Section 10 of this Act and provide the
21 type, rated load and speed, name of manufacturer, its
22 location, the purpose for which it is used, and such
23 additional information as the Administrator may require.
24 Elevators, dumbwaiters, platform lifts, escalators, moving
25 walks, or other conveyances of which construction has begun
26 subsequent to the date of the creation of the Board shall be
27 registered at the time they are completed and placed in
28 service.
29 Section 85. Compliance with State fire prevention and
30 building code laws. It shall be the responsibility of
31 individuals, firms, or companies licensed as described in
-19- LRB9212107ACcdam04
1 this Act to ensure that installation or service and
2 maintenance of elevators and devices described in Section 10
3 of this Act is performed in compliance with the provisions
4 contained in applicable State fire prevention and building
5 code laws.
6 Section 90. Permits.
7 (a) No conveyance covered by this Act shall be erected,
8 constructed, installed, or altered within buildings or
9 structures within this State unless a permit has been
10 obtained from the Administrator or a municipality or other
11 unit of local government. If the permit is obtained from a
12 municipality or other unit of local government, the
13 municipality or other unit of local government that issued
14 the permit shall keep the permit on file for a period of not
15 less than one year from the date of issuance and send a copy
16 to the Administrator for inspection. Where any material
17 alteration is made, the device shall conform to applicable
18 requirements in ASME A17.1, ASME A18.1, ASCE 21, or ANSI
19 A10.4. No permit required under this Section shall be issued
20 except to a person, firm, or corporation holding a current
21 elevator contractor's license, duly issued pursuant to this
22 Act. A copy of the permit shall be kept at the construction
23 site at all times while the work is in progress.
24 (b) The permit fee shall be as set by the Board. Permit
25 fees collected are non-refundable.
26 (c) Each application for a permit shall be accompanied by
27 applicable fees and by copies of specifications and
28 accurately scaled and fully dimensioned plans showing the
29 location of the installation in relation to the plans and
30 elevation of the building, the location of the machinery room
31 and the equipment to be installed, relocated, or altered, and
32 all structural supporting members, including foundations.
33 The applicant shall also specify all materials to be employed
-20- LRB9212107ACcdam04
1 and all loads to be supported or conveyed. These plans and
2 specifications shall be sufficiently complete to illustrate
3 all details of construction and design.
4 (d) Permits may be revoked for the following reasons:
5 (1) Any false statements or misrepresentation as to
6 the material facts in the application, plans, or
7 specifications on which the permit was based.
8 (2) The permit was issued in error and should not
9 have been issued in accordance with the code.
10 (3) The work detailed under the permit is not being
11 performed in accordance with the provisions of the
12 application, plans, or specifications or with the code or
13 conditions of the permit.
14 (4) The elevator contractor to whom the permit was
15 issued fails or refuses to comply with a "stop work"
16 order.
17 (5) If the work authorized by a permit is not
18 commenced within 6 months after the date of issuance, or
19 within a shorter period of time as the Administrator or
20 his or her duly authorized representative in his or her
21 discretion may specify at the time the permit is issued.
22 (6) If the work is suspended or abandoned for a
23 period of 60 days, or shorter period of time as the
24 Administrator or his or her duly authorized
25 representative in his or her discretion may specify at
26 the time the permit is issued, after the work has been
27 started. For good cause, the Administrator or his or her
28 representative may allow an extension of this period at
29 his or her discretion.
30 (e) This Section does not apply to conveyances located
31 in a municipality with a population over 500,000 that
32 provides for permits of such conveyances.
33 Section 95. New installations; annual inspections and
-21- LRB9212107ACcdam04
1 registrations.
2 (a) All new conveyance installations shall be performed
3 by a person, firm, or company to which a license to install
4 or service conveyances has been issued. Subsequent to
5 installation, the licensed person, firm, or company must
6 certify compliance with the applicable Sections of this Act.
7 Prior to any conveyance being used, the property owner or
8 lessee must obtain a certificate of operation from the
9 Administrator, unless the property is located within a
10 municipality with a population greater than 500,000. A fee as
11 set forth in this Act shall be paid for the certificate of
12 operation. It shall be the responsibility of the licensed
13 elevator contractor to complete and submit first time
14 registration for new installations. The certificate of
15 operation fee for newly installed platform lifts and stairway
16 chair lifts for private residences shall be subsequent to an
17 inspection by a licensed third party inspection firm.
18 (b) The certificate of operation fee for all new and
19 existing platform and stairway chair lifts for private
20 residences and any renewal certificate fees shall be waived.
21 The Administrator or his or her designee shall inspect, in
22 accordance with the requirements set forth in this Act, all
23 newly installed and existing platform lifts and stairway
24 chair lifts for private residences subsequent to an
25 inspection by a person, firm, or company to which a license
26 to inspect conveyances has been issued, unless the private
27 residence is located within a municipality with a population
28 greater than 500,000.
29 (c) A certificate of operation referenced in subsections
30 (a) and (b) of this Section is renewable annually, except for
31 certificates issued for platform and stairway chairlifts for
32 private residences, which shall be valid for a period of 3
33 years. Certificates of operation must be clearly displayed on
34 or in each conveyance or in the machine room for use for the
-22- LRB9212107ACcdam04
1 benefit of code enforcement staff.
2 Section 100. Insurance requirements.
3 (a) Elevator contractors shall submit to the
4 Administrator an insurance policy or certified copy thereof,
5 issued by an insurance company authorized to do business in
6 the State, to provide general liability coverage of at least
7 $2,000,000 for injury or death of any one person and
8 $2,000,000 for injury or death of any number of persons in
9 any one occurrence, with coverage of at least $1,000,000 for
10 property damage in any one occurrence and statutory workers
11 compensation insurance coverage.
12 (b) Private elevator inspectors shall submit to the
13 Administrator an insurance policy or certified copy thereof,
14 issued by an insurance company authorized to do business in
15 the State, to provide general liability coverage of at least
16 $2,000,000 for injury or death of any one person and
17 $2,000,000 for injury or death of any number of persons in
18 any one occurrence, with coverage of at least $1,000,000 for
19 property damage in any one occurrence and statutory workers
20 compensation insurance coverage.
21 (c) These policies, or duly certified copies thereof, or
22 an appropriate certificate of insurance, approved as to form
23 by the Department of Insurance and as to sufficiency by the
24 State Comptroller, shall be delivered to the Administrator
25 before or at the time of the issuance of a license. In the
26 event of a material alteration or cancellation of a policy,
27 at least 10 days notice thereof shall be given to the
28 Administrator.
29 Section 105. Enforcement.
30 (a) It shall be the duty of the Elevator Safety Review
31 Board to develop an enforcement program to ensure compliance
32 with rules and requirements referenced in this Act. This
-23- LRB9212107ACcdam04
1 shall include, but shall not be limited to, rules for
2 identification of property locations that are subject to the
3 rules and requirements; issuing notifications to violating
4 property owners or operators, random on-site inspections, and
5 tests on existing installations; witnessing periodic
6 inspections and testing in order to ensure satisfactory
7 performance by licensed persons, firms, or companies; and
8 assisting in development of public awareness programs.
9 (b) Any person may make a request for an investigation
10 into an alleged violation of this Act by giving notice to the
11 Administrator of such violation or danger. The notice shall
12 be in writing, shall set forth with reasonable particularity
13 the grounds for the notice, and shall be signed by the person
14 making the request. Upon the request of any person signing
15 the notice, the person's name shall not appear on any copy of
16 the notice or any record published, released, or made
17 available.
18 (c) If, upon receipt of such notification, the
19 Administrator determines that there are reasonable grounds to
20 believe that such violation or danger exists, the
21 Administrator shall cause to be made an investigation in
22 accordance with the provisions of this Act as soon as
23 practicable to determine if such violation or danger exists.
24 If the Administrator determines that there are no reasonable
25 grounds to believe that a violation or danger exists, he or
26 she shall notify the party in writing of such determination.
27 (d) This Section does not apply within a municipality
28 with a population over 500,000.
29 Section 110. Liability.
30 (a) This Act shall not be construed to relieve or lessen
31 the responsibility or liability of any person, firm, or
32 corporation owning, operating, controlling, maintaining,
33 erecting, constructing, installing, altering, inspecting,
-24- LRB9212107ACcdam04
1 testing, or repairing any elevator or other related
2 mechanisms covered by this Act for damages to person or
3 property caused by any defect therein, nor does the State or
4 any unit of local government assume any such liability or
5 responsibility therefore or any liability to any person for
6 whatever reason whatsoever by the adoption of this Act or any
7 acts or omissions arising under this Act.
8 (b) Any owner or lessee who violates any of the
9 provisions of this Act shall be fined in an amount not to
10 exceed $1,500.
11 (c) Compliance with this Act is not a defense to a legal
12 proceeding.
13 Section 115. Provisions not retroactive. The provisions
14 of this Act are not retroactive unless otherwise stated, and
15 equipment shall be required to comply with the applicable
16 code at the date of its installation or within the period
17 determined by the Board for compliance with ASME A17.3,
18 whichever is more stringent. If, upon the inspection of any
19 device covered by this Act, the equipment is found in
20 dangerous condition or there is an immediate hazard to those
21 riding or using such equipment or if the design or the method
22 of operation in combination with devices used is considered
23 inherently dangerous in the opinion of the administrator, he
24 or she shall notify the owner of the condition and shall
25 order such alterations or additions as may be deemed
26 necessary to eliminate the dangerous condition.
27 Section 120. Inspection and testing.
28 (a) It shall be the responsibility of the owner of all
29 new and existing conveyances located in any building or
30 structure to have the conveyance inspected annually by a
31 person, firm, or company to which a license to inspect
32 conveyances has been issued. Subsequent to inspection, the
-25- LRB9212107ACcdam04
1 licensed person, firm, or company must supply the property
2 owner or lessee and the Administrator with a written
3 inspection report describing any and all violations. Property
4 owners shall have 30 days from the date of the published
5 inspection report to be in full compliance by correcting the
6 violations.
7 (b) It shall be the responsibility of the owner of all
8 conveyances to have a firm or company licensed as described
9 in this Act to ensure that the required inspection and test
10 are performed at intervals in compliance with ASME A17.1,
11 ASME A18.1, and ASCE 21.
12 (c) All tests shall be performed by a licensed elevator
13 mechanic.
14 Section 125. State law, code, or regulation. Whenever a
15 provision in this Act is found to be inconsistent with any
16 provision of another applicable State law, code, or rule, the
17 State law shall prevail. This Act, unless specifically stated
18 otherwise, is not intended to establish more stringent or
19 more restrictive standards than standards set forth in other
20 applicable State laws.
21 Section 130. Accidents. The owner of each conveyance
22 shall notify the administrator of any accident causing
23 personal injury or property damage in excess of $1,000 that
24 involves a conveyance, on or before the close of business the
25 next business day following the accident. The Administrator
26 shall investigate and report to the Board the cause of any
27 conveyance accident that may occur in the State, the injuries
28 sustained, and any other data that may be of benefit in
29 preventing other similar accidents.
30 Section 135. Elevators in private residences. The owner
31 of a conveyance located in his or her private residence may
-26- LRB9212107ACcdam04
1 register, pay the required fee, and have his or her existing
2 conveyance inspected. The Administrator shall provide notice
3 to the owner of the private residence where the conveyance is
4 located with relevant information about conveyance safety
5 requirements, including the need to have the elevator
6 periodically and timely inspected and made safe. Any
7 inspection performed shall be done solely at the request and
8 with the consent of the private residence owner. No penalty
9 provision of this Act shall apply to private residence
10 owners.
11 Section 140. Local regulation; home rule.
12 (a) A municipality within its corporate limits and a
13 county within unincorporated areas within its boundaries may
14 inspect, license, or otherwise regulate elevators and devices
15 described in Section 10 of this Act, but any safety standards
16 or regulations adopted by a municipality or county under this
17 subsection must be at least as stringent as those provided
18 for in this Act and the rules adopted under this Act. A
19 municipality or county that inspects, licenses, or otherwise
20 regulates elevators and devices described in Section 10 of
21 this Act may impose reasonable fees to cover the cost of the
22 inspection, licensure, or other regulation.
23 (b) Except as otherwise provided in subsection (c), a
24 home rule unit may not regulate the inspection or licensure
25 of, or otherwise regulate, elevators and devices described in
26 Section 10 of this Act in a manner less restrictive than the
27 regulation by the State of those matters under this Act. This
28 subsection is a limitation under subsection (i) of Section 6
29 of Article VII of the Illinois Constitution on the concurrent
30 exercise by home rule units of powers and functions exercised
31 by the State.
32 (c) This Act does not limit the home rule powers of a
33 municipality with a population over 500,000, and this Act
-27- LRB9212107ACcdam04
1 shall not apply within such a municipality if that
2 application would be inconsistent with an ordinance adopted
3 under those home rule powers.
4 Section 900. The Regulatory Sunset Act is amended by
5 adding Section 4.23 as follows:
6 (5 ILCS 80/4.23 new)
7 Sec. 4.23. Act repealed on January 1, 2013. The
8 following Act is repealed on January 1, 2013:
9 The Elevator Safety and Regulation Act.".