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Public Act 096-0054 |
SB0149 Enrolled |
LRB096 06207 ASK 16289 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Elevator Safety and Regulation Act is |
amended by changing Sections 10, 15, 20, 25, 35, 45, 60, 80, |
85, 90, 95, 105, 110, 115, 125, and 140 as follows:
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(225 ILCS 312/10)
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(Section scheduled to be repealed on January 1, 2013)
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Sec. 10. Applicability.
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(a) This Act covers the construction, operation, |
inspection,
testing,
maintenance, alteration, and repair of |
the following equipment, its associated
parts, and
its |
hoistways (except as modified by subsection (c) of this |
Section):
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(1) Hoisting and lowering mechanisms equipped with a |
car or platform,
which move between 2 or more landings. |
This equipment includes, but is not
limited
to, the |
following (also see ASME A17.1, ASME A17.3, and ASME |
A18.1):
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(A) Elevators.
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(B) Platform lifts and stairway chair lifts.
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(2) Power driven stairways and walkways for carrying |
persons between
landings. This equipment includes, but is |
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not limited to, the following (also
see ASME A17.1 and ASME |
A17.3):
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(A) Escalators.
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(B) Moving walks.
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(3) Hoisting and lowering mechanisms equipped with a |
car, which serves
2 or more landings and is restricted to |
the carrying of material by its
limited
size or limited |
access to the car. This equipment includes, but is not |
limited
to, the
following (also see ASME A17.1 and ASME |
A17.3):
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(A) Dumbwaiters.
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(B) Material lifts and dumbwaiters with automatic |
transfer
devices.
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(b) This Act covers the construction, operation, |
inspection,
maintenance,
alteration, and repair of automatic |
guided transit vehicles on guideways with
an
exclusive
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right-of-way. This equipment includes, but is not limited to, |
automated people
movers (also see ASCE 21).
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(c) This Act does not apply to the following equipment:
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(1) Material hoists within the scope of ANSI A10.5.
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(2)
Manlifts within the scope of ASME A90.1.
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(3) Mobile scaffolds, towers, and platforms within the |
scope of ANSI A92.
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(4) Powered platforms and equipment for exterior and |
interior
maintenance within the scope of ANSI 120.1.
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(5) Conveyors and related equipment within the scope of |
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ASME B20.1.
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(6) Cranes, derricks, hoists, hooks, jacks, and slings
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within the scope of ASME B30.
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(7) Industrial trucks within the scope of ASME B56.
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(8) Portable equipment, except for portable escalators |
that are covered by ANSI A17.1.
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(9) Tiering or piling machines used to move materials |
to and from
storage located and operating entirely within |
one story.
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(10) Equipment for feeding or positioning materials at |
machine tools,
printing presses, etc.
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(11) Skip or furnace hoists.
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(12) Wharf ramps.
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(13) Railroad car lifts or dumpers.
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(14) Line jacks, false cars, shafters, moving |
platforms, and similar
equipment used for installing an |
elevator by a contractor licensed in this
State.
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(15) (Blank).
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(16) Conveyances located in a private residence not |
accessible to the public. |
(17) (Blank). |
(18) Personnel hoists within the scope of
ANSI A10.4. |
(d) This Act does not apply to a municipality with a |
population over 500,000.
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(Source: P.A. 94-698, eff. 11-22-05; 95-573, eff. 8-31-07.)
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(225 ILCS 312/15)
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(Section scheduled to be repealed on January 1, 2013)
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Sec. 15. Definitions. For the purpose of this Act:
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"Administrator" means the Office of the State Fire Marshal.
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"Alteration" means any change to equipment, including its |
parts, components, or subsystems, other than maintenance, |
repair, or replacement of the equipment, including its parts, |
components, or subsystems. |
"ANSI A10.4" means the safety requirements for personnel |
hoists, an American
National Standard.
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"ASCE 21" means the American Society of Civil Engineers |
Automated People
Mover Standards.
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"ASME A17.1" means the Safety Code for
Elevators and |
Escalators, an American National Standard , and CSA B44, the |
National Standard of Canada .
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"ASME A17.3" means the Safety Code for
Existing Elevators |
and Escalators, an American National Standard.
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"ASME A17.7" means the Performance-Based Safety Code for |
Elevators and Escalators, an American National Standard, and |
CSA B44.7, the National Standard of Canada. |
"ASME A18.1" means the Safety Standard for
Platform Lifts |
and Stairway Chairlifts, an American National Standard.
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"Automated people mover" means an
installation as defined |
as an "automated people mover" in ASCE 21.
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"Board" means the Elevator Safety Review Board.
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"Certificate of operation" means a certificate issued by |
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the Administrator or the Local Administrator
that indicates |
that the conveyance has passed the required safety inspection
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and tests and fees have been paid as set forth in this Act.
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"Conveyance" means any elevator, dumbwaiter, escalator, |
moving sidewalk,
platform lifts, stairway chairlifts and |
automated people movers.
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"Elevator" means an installation defined as an
"elevator" |
in ASME A17.1.
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"Elevator contractor" means any person, firm, or |
corporation who possesses
an elevator contractor's license in |
accordance with the provisions of Sections
40 and 55 of this |
Act and who is engaged in the business of erecting,
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constructing, installing, altering, servicing, repairing, or |
maintaining
elevators or related conveyance covered by this |
Act.
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"Elevator contractor's license" means a license issued to |
an elevator
contractor who has proven his or her qualifications |
and ability and has been
authorized by the Elevator Safety |
Review Board to work on conveyance equipment. It shall entitle |
the holder thereof to engage in the business of
constructing, |
installing, altering, servicing, testing, repairing,
or |
maintaining and performing electrical work on elevators or |
related conveyances
covered by this Act within any building or |
structure, including, but not limited to, private residences. |
The
Administrator may issue a limited elevator contractor's |
license authorizing a
firm or company that employs individuals |
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to carry on a business of erecting,
constructing, installing, |
altering, servicing, repairing, or maintaining
a specific type |
of conveyance platform lifts and stairway chairlifts within any |
building or structure,
excluding
private residences.
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"Elevator helper" means an individual registered with the |
Administrator who works under the general direction of a |
licensed elevator mechanic.
Licensure is not required for an |
elevator helper.
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"Elevator industry apprentice" means an individual who is |
enrolled in an apprenticeship program approved by the Bureau of |
Apprenticeship and Training of the U.S. Department of Labor and |
who is registered by the Administrator and works under the |
general direction of a licensed elevator mechanic.
Licensure is |
not required for an elevator industry apprentice.
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"Elevator inspector" means any
inspector, as that term is |
defined in ASME QEI, who possesses an elevator inspector's
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license in accordance with the provisions of this Act.
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"Elevator mechanic" means any person who possesses an |
elevator mechanic's
license in accordance with the provisions |
of Sections 40 and 45 of this Act and
who is engaged in |
erecting, constructing, installing, altering, servicing,
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repairing, or maintaining elevators or related conveyance |
covered by this Act.
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"Elevator mechanic's license" means a license issued to a |
person who has
proven his or her qualifications and ability and |
has been authorized by the
Elevator Safety Review Board to work |
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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
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covered by this Act. The Administrator may issue a limited |
elevator mechanic's license authorizing an individual to carry |
on a business of erecting, constructing, installing, altering, |
servicing, repairing, or maintaining a specific type of |
conveyance platform lifts and stairway chairlifts within any |
building or structure.
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"Escalator" means an installation defined as an |
"escalator" in ASME A17.1.
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"Existing installation" means an installation
defined as |
an "installation, existing" in ASME A17.1.
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"Inspector's license" or "inspection company license"
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means a license issued to an ASME QEI certified elevator |
inspector or inspection company that has proven the inspector's |
or the company's qualifications and ability and has been |
authorized by the Elevator
Safety Review Board to possess this |
type of license. It shall entitle the
holder thereof to engage |
in the business of inspecting elevators or related
conveyance |
covered by this Act.
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"License" means a written license, duly issued by the |
Administrator,
authorizing a person, firm, or company to carry |
on the business of erecting,
constructing, installing, |
altering, servicing, repairing, maintaining, or
performing |
inspections of elevators or related conveyance covered by this |
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Act. New and renewed licenses issued after January 1, 2010
will |
include a photo of the licensee. |
"Local Administrator" means the municipality or |
municipalities or
county or counties that entered into a local |
elevator agreement with the
Administrator to operate its own |
elevator safety program in
accordance with this Act and the |
adopted administrative rules.
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"Material alteration" means an "alteration", as defined in |
the referenced standards.
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"Moving walk" means an installation defined as a "moving |
walk"
in ASME A17.1.
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"Owner" means the owner of the conveyance, which could be |
an individual, a group of individuals, an association, trust, |
partnership, corporation, or person doing business under an |
assumed name. The owner may delegate his, her, or its authority |
to manage the day-to-day operations of the conveyance to |
another party, but may not delegate his, her, or its |
responsibilities and duties under this Act and the |
administrative rules. |
"Private residence" means a separate dwelling or a separate |
apartment or condominium unit in
a multiple-family
dwelling |
that is occupied by members of a single-family unit.
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"Repair" has the meaning set forth in the referenced |
standards. "Repair" does not require a
permit.
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"Temporarily dormant" means an elevator, dumbwaiter, or |
escalator:
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(1) with a power supply that has been disconnected by |
removing fuses and
placing a padlock on the mainline |
disconnect switch in the "off" position;
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(2) with a car that is parked and hoistway doors that |
are in the closed
and latched position;
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(3) with a wire seal on the mainline disconnect switch |
installed by a
licensed elevator inspector;
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(4) that shall not be used again until it has been put |
in safe running
order and is in condition for use;
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(5) requiring annual inspections for the duration of |
the temporarily
dormant status by a licensed elevator |
inspector;
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(6) that has a "temporarily dormant" status that is |
renewable on an
annual basis, not to exceed a 5-year |
period;
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(7) requiring the inspector to file a report with the |
Administrator describing the current conditions; and
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(8) with a wire seal and padlock that shall not be |
removed for any
purpose without permission from the |
elevator inspector.
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"Temporary certificate of operation" means a temporary |
certificate of operation issued by the Administrator or the
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Local Administrator that permits the temporary use
of a |
non-compliant conveyance by the general public for a limited |
time of 30
days while minor repairs are being completed.
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All other building transportation terms are as defined in |
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the latest edition of ASME A17.1 and ASME A18.1.
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"Temporary limited authority" means an authorization |
issued, for a period
not to exceed one year, by the |
Administrator to an individual
that the Administrator deems |
qualified to perform work on a
specific type of conveyance. |
(Source: P.A. 94-698, eff. 11-22-05; 95-573, eff. 8-31-07.)
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(225 ILCS 312/25)
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(Section scheduled to be repealed on January 1, 2013)
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Sec. 25. Elevator Safety Review Board.
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(a) There is hereby created within the Office of the State |
Fire Marshal
the Elevator Safety Review Board, consisting of 17 |
14 members. The Administrator
shall appoint 3 members who shall |
be representatives
of fire
service communities. The Governor |
shall appoint the remaining 14 11 members of
the Board as |
follows: one representative from a major elevator |
manufacturing
company or its authorized representative; one |
representative from an elevator
servicing company; one |
representative of the architectural design
profession; one |
representative of the general public; one representative of an |
advocacy group for people with physical disabilities; one |
representative of an advocacy group for senior citizens the |
senior citizen population ; one representative nominated by
of a |
municipality in this State with a population under 25,000; one
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representative nominated by of a municipality in this State |
with a population of 25,000 or
over but under 50,000; one |
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representative nominated by of a municipality in this State |
with
a population of 50,000 or over but under 500,000 ; one
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representative of an advocacy group for condominium owners;
one |
representative of an institution of higher education that
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operates an in-house elevator maintenance program ; one |
representative of a
building owner or manager; and 2 |
representatives one representative of labor , one from Cook |
County and one from a county in the State other than Cook |
County, involved in the
installation, maintenance, and repair |
of elevators.
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(b) The members constituting the Board shall be appointed |
for initial terms
as follows:
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(1) Of the members appointed by the Administrator, 2 |
shall serve
for a term of 2 years, and one for a term of 4 |
years.
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(2) Of the members appointed by the Governor, 2 shall |
serve for a term
of one year, 2 for terms of 2 years, 2 for |
terms of 3 years, and 4 for terms of
4 years. The |
representative of the advocacy group for senior
citizens |
senior citizen population shall serve an initial term of 4 |
years. The representative of an advocacy
group for |
condominium owners, the representative of
the institution |
of higher education that operates an in-house
elevator |
maintenance program, and both representatives of labor |
involved in the installation, maintenance, and repair of |
elevators shall serve an initial
term of 4 years.
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At the expiration of their initial terms of office, the |
members or their
successors shall be appointed for terms of 4 |
years each. Upon the expiration
of a member's term of office, |
the officer who appointed
that member shall reappoint that |
member or appoint a successor who is a
representative of the |
same interests with which his or her predecessor was
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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
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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
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chairperson. The chairperson shall be the deciding vote in the |
event of a tie
vote.
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Nine Board members shall constitute a quorum. A quorum is |
required for all Board decisions. |
(Source: P.A. 94-698, eff. 11-22-05; 95-573, eff. 8-31-07.)
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(225 ILCS 312/35)
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(Section scheduled to be repealed on January 1, 2013)
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Sec. 35. Powers and duties of the Board and Administrator .
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(a) The Board shall consult with engineering authorities |
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and organizations
and
adopt rules consistent with the |
provisions of this Act for the
administration and
enforcement |
of this Act. The Board may prescribe forms to be issued in
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connection with
the administration and enforcement of this Act. |
The rules shall establish
standards and
criteria consistent |
with this Act for licensing of elevator mechanics,
inspectors, |
and installers of
elevators,
including the provisions of the |
Safety Code for Elevators and Escalators (ASME
A17.1),
the |
Safety Code for Existing Elevators (ASME A17.3), the Standard |
for the
Qualification
of Elevator Inspectors (ASME QEI-1), the |
Automated People Mover Standards
(ASCE 21), the Safety |
Requirements for Personnel Hoists and Employee Elevators
(ANSI |
A10.4), and the Safety Standard for Platform Lifts and Stairway |
Chairlifts (ASME A18.1). The Board shall adopt or amend and |
adopt the latest editions of the standards referenced in this |
subsection within 12 months after the effective date of the
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standards (a) within 6 months after the effective date of the |
standards .
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The Board shall make determinations authorized by this Act |
regarding variances, interpretations, and the installation of |
new technology. Such determinations shall have a binding |
precedential effect throughout the State regarding equipment, |
structure, or the enforcement of codes unless limited by the |
Board to the fact-specific issues. |
(b) The Administrator or Local Administrator Board shall |
have the authority to grant exceptions and
variances from
the |
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literal requirements of
applicable State codes, standards, and |
regulations in cases where such
variances
would not
jeopardize |
the public
safety and
welfare. The Administrator has the right
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to review and object to any exceptions or variances granted by
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the Local Administrator. The Board shall have the authority to |
hear appeals, for any denial by the Local Administrator or
for |
any denial or objection by the Administrator. The Board
shall |
hold hearings, and
decide
upon such within 30 days of the |
appeal.
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(c) The Board shall establish fee schedules for licenses, |
and registrations issued by the Administrator. The Board
shall |
also establish fee schedules for permits,
certificates, and
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inspections for conveyances not under a Local
Administrator . |
The fees shall be set at an amount necessary to cover the |
actual
costs and expenses to operate
the Board
and to conduct |
the duties as described in this Act.
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(d) The Board shall be authorized to recommend the |
amendments of applicable
legislation, when appropriate, to |
legislators.
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(e) The Administrator may solicit the advice and expert |
knowledge of
the
Board on any matter relating to the |
administration and enforcement of this Act.
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(f) The Administrator may employ professional, technical,
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investigative, or
clerical help, on either a full-time or |
part-time basis, as may be necessary
for the
enforcement of |
this Act.
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(g) (Blank).
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(h) Notwithstanding anything else in this Section, the |
following upgrade requirements of the 2007 edition of the |
Safety Code for Elevators and Escalators (ASME A17.1) and the |
2005 edition of the Safety Code for Existing Elevators (ASME |
A17.3) must be completed by January 1, 2015, but the |
Administrator or Local Administrator may not require their |
completion prior to January 1, 2013: |
(i) restricted opening of hoistway doors or car doors |
on passenger elevators; |
(ii) car illumination; |
(iii) emergency operation and signaling devices; |
(iv) phase reversal and failure protection; |
(v) reopening device for power operated doors or gates; |
(vi) stop switch pits; and |
(vii) pit ladder installation in accordance with |
Section 2.2.4.2 of ASME A17.1-2007. |
(i) In the event that a conveyance regulated by this Act is |
altered, the alteration shall comply with ASME A17.1. |
Notwithstanding anything else in this Section, the |
firefighter's emergency operation, and the hydraulic elevator |
cylinder, including the associated safety devices outlined in |
Section 4.3.3(b) of ASME A17.3-2005, are not required to be |
upgraded unless: (1) there is an alteration, (2) the
equipment |
fails, or (3) failing to replace the equipment jeopardizes the |
public safety and welfare as determined by the Local |
|
Administrator or the Board. |
(j) The Administrator may choose to require the inspection
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of any conveyance to be performed by its own inspectors or by
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third-party licensed inspectors employed by the Administrator. |
(Source: P.A. 94-698, eff. 11-22-05; 95-573, eff. 8-31-07.)
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(225 ILCS 312/45)
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(Section scheduled to be repealed on January 1, 2013)
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Sec. 45. Qualifications for elevator mechanic's license; |
emergency and temporary licensure ; limited elevator mechanic's |
license .
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(a) No license shall be granted to any person who has not |
paid the required
application fee.
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(b) No license shall be granted to any person who has not |
proven his or her
qualifications and abilities. |
(c) Applicants for an elevator mechanic's license
must
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demonstrate one of the
following qualifications:
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(1) an acceptable combination of documented experience |
and education
credits consisting of: (A) not less than 3 |
years work experience in the
elevator
industry, in |
construction, maintenance, or service and repair, as |
verified by
current and previous employers licensed to do |
business in this State or in another state if the Board |
deems that out-of-State experience equivalent; and (B)
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satisfactory completion of a written examination |
administered by the Elevator
Safety Review Board or its |
|
designated provider on the adopted rules and referenced |
codes;
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(2) acceptable proof that he or she has worked as an |
elevator constructor,
maintenance, or repair person; |
acceptable proof shall consist of documentation
that he or |
she worked without direct and immediate supervision for an |
elevator
contractor who has worked on elevators in this |
State for a period of not less
than
3
years immediately |
preceding the effective date of the final rules adopted by |
the Board under Section 35 of this Act that implement this |
Act; the person must make
application by December 31, 2007; |
however, all licenses issued under the provisions of this |
item (2) between May 1, 2006 and the effective date of this |
amendatory Act of the 95th General Assembly are deemed |
valid;
|
(3) a certificate of successful completion of the |
mechanic examination
of a
nationally recognized training |
program for the elevator industry, such as the
National |
Elevator Industry Educational Program or its equivalent;
|
(4) a certificate of completion of an elevator mechanic |
apprenticeship
program with standards substantially equal |
to those of this Act and
registered
with the Bureau of |
Apprenticeship and Training, U.S. Department of Labor, or a
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State apprenticeship council; or
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(5) a valid license from a state having standards |
substantially equal to
those of this State.
|
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(d) Whenever an emergency exists in the State due to a
|
disaster, act of God, or
work stoppage and the number of |
persons in the State holding licenses granted
by the
Board is |
insufficient to cope with the emergency, the licensed elevator
|
contractor shall
respond as necessary to ensure the safety of |
the public. Any person certified
by a licensed
elevator |
contractor to have an acceptable combination of documented |
experience
and
education to perform elevator work without |
direct and immediate supervision
shall seek
an emergency |
elevator mechanic's license from the Administrator
within 5 |
business days after commencing work requiring a license. The
|
Administrator
shall issue emergency elevator mechanic's |
licenses. The applicant shall furnish
proof of
competency as |
the Administrator may require. Each license shall recite that |
it
is valid for a
period of 60 days from the date thereof and |
for such particular elevators
or
geographical areas as the |
Administrator may designate and otherwise shall
entitle the
|
licensee to the rights and privileges of an elevator mechanic's |
license issued
under this
Act. The Administrator shall renew an |
emergency elevator mechanic's license
during the
existence of |
an emergency. No fee may be charged for any emergency elevator
|
mechanic's license or renewal thereof. |
(e) A licensed elevator contractor shall notify the |
Administrator when there
are no
licensed personnel available to |
perform elevator work. The licensed elevator
contractor
may |
request that the Administrator issue temporary elevator |
|
mechanic's licenses
to
persons certified by the licensed |
elevator contractor to have an acceptable
combination of
|
documented experience and education to perform elevator work |
without direct and
immediate supervision. Any person certified |
by a licensed elevator contractor
to have an
acceptable |
combination of documented experience and education to perform
|
elevator
work without direct and immediate supervision shall |
immediately seek a
temporary
elevator mechanic's license from |
the Administrator and shall pay such fee as
the Board
shall |
determine. The applicant for temporary licensure shall furnish |
proof of competency as the Administrator may require.
Each |
license shall recite that it is valid for a period of
30 days |
from
the date of issuance and while employed by the licensed |
elevator contractor
that certified
the individual as |
qualified. It shall be renewable as long as the shortage of
|
license holders continues.
|
(f) An applicant for a limited elevator mechanic's license
|
must demonstrate that he or she meets the qualifications of
|
subsection (c)(1). |
(g) The Administrator may issue temporary limited |
authority to an individual that the Administrator deems
|
qualified to work on a specific type of conveyance. The |
applicant shall furnish any proof of competency that the |
Administrator may require and must obtain a permanent license |
within one year. |
(Source: P.A. 94-698, eff. 11-22-05; 95-573, eff. 8-31-07.)
|
|
(225 ILCS 312/60)
|
(Section scheduled to be repealed on January 1, 2013)
|
Sec. 60. Issuance and renewal of licenses; fees.
|
(a) Upon approval of an application, and receipt of the
|
fee, the Administrator may
issue a license that must be renewed |
every 2 years. The renewal fee for the
license shall be
set by |
the Board.
|
(b) (Blank).
|
(c) (Blank).
|
(d) The renewal of all licenses granted under the |
provisions of this Section
shall
be conditioned upon the |
submission of a certificate of completion of a course
designed |
to
ensure the continuing education of licensees on new and |
existing provisions of
the
rules of the Elevator Safety Review |
Board. Such course shall consist of
not less
than 8 hours of |
instruction , which shall include a minimum of 2 hours of code
|
updates, that shall be attended and completed within one
year
|
immediately preceding any such license renewal.
|
(e) The courses referred to in subsection (d) of this |
Section shall be
taught
by instructors
through
continuing |
education providers that may include, but shall not be limited |
to,
association
seminars and labor training programs. The |
Elevator Safety Review Board shall
approve
the continuing |
education providers. All instructors shall be approved by the
|
Board and
shall be exempt from the requirements of subsection |
|
(d) of this Section with
regard to their
applications
for |
license renewal, provided that such applicant was qualified as |
an
instructor
at any time
during the one year immediately |
preceding the scheduled date for such renewal.
|
(f) A licensee who is unable to complete the continuing |
education course
required
under this Section prior to the |
expiration of his or her license due to a
temporary
disability
|
may apply for a waiver from the Board. This shall be on a form |
provided by the
Board,
which shall be signed under the penalty |
of perjury and accompanied
by a
certified statement from a |
competent physician attesting to such temporary
disability.
|
Upon the termination of such temporary disability, the licensee |
shall submit to
the Board
a certified statement from the same |
physician, if practicable, attesting to the
termination
of the |
temporary disability, at which time a waiver sticker, valid for |
90 days,
shall be
issued to the licensee and affixed to his or |
her license.
|
(g) Approved training providers shall keep for a period of |
10 years uniform
records of attendance of licensees following a |
format approved by the Board.
These
records shall be available |
for inspection by the Board at its request. Approved
training
|
providers shall be responsible for the security of all |
attendance records and
certificates of
completion, provided |
that falsifying or knowingly allowing another to
falsify
|
attendance records or certificates of completion shall |
constitute grounds for
suspension or
revocation of the approval |
|
required under this Section.
|
(Source: P.A. 94-698, eff. 11-22-05.)
|
(225 ILCS 312/80)
|
(Section scheduled to be repealed on January 1, 2013)
|
Sec. 80. Registration of existing elevators, platform |
lifts, dumbwaiters,
escalators, moving walks, and any other |
conveyance. Within 6 months after the
date of
the adoption of |
the final rules that implement this Act, the owner or lessee of |
every existing conveyance
shall
register with the |
Administrator each elevator, dumbwaiter, platform lift,
|
escalator, or
other device described in Section 10 of this Act |
and provide the type, rated
load and
speed, name of
|
manufacturer, its location, the purpose for which it is used, |
and such
additional
information as the Administrator may |
require. Elevators, dumbwaiters,
platform lifts,
escalators, |
moving walks, or other conveyances of which construction has |
begun
subsequent to the date of the creation of the Board shall |
be registered by the owner at the
time they are
completed and |
placed in service.
|
(Source: P.A. 94-698, eff. 11-22-05; 95-573, eff. 8-31-07.)
|
(225 ILCS 312/85)
|
(Section scheduled to be repealed on January 1, 2013)
|
Sec. 85. Compliance. It shall be the responsibility of |
individuals,
firms, or
companies licensed as
described in this |
|
Act
to ensure that installation or service and maintenance of |
elevators and devices
described
in Section 10 of this Act is |
performed in compliance with the provisions
contained in
this |
Act
and applicable fire and building codes .
|
(Source: P.A. 95-573, eff. 8-31-07.)
|
(225 ILCS 312/90)
|
(Section scheduled to be repealed on January 1, 2013)
|
Sec. 90. Permits.
|
(a) No conveyance covered by this Act shall be erected, |
constructed,
installed,
or altered within buildings or |
structures within this State unless a permit has
been
obtained |
from the Administrator or the Local Administrator a |
municipality or other unit of local
government before the work |
is commenced. The Local
Administrator
If the permit is obtained
|
from
a municipality or other unit of local government, the |
municipality or other
unit of local
government that issued the |
permit shall
keep all permits it issues the permit on file for |
a period of not less than 2 one year from the date of
issuance |
and send a copy to the Administrator for inspection .
Where
any |
material alteration is made, the device shall conform to |
applicable
requirements in
ASME A17.1, ASME A18.1, or ASCE 21. |
No permit required under this
Section
shall be
issued
except to |
a person, firm, or corporation holding a current elevator
|
contractor's license,
duly issued pursuant to this Act, except |
that a permit to alter a conveyance may be issued to an entity |
|
exempted from licensure under subsection (a) of Section 40 of |
this Act. A copy of the permit shall be kept at the
|
construction
site at all times while the work is in progress.
|
(b) The permit fee shall be as set by the Board. Permit |
fees collected are
non-refundable.
|
(c) Each application for a permit shall be accompanied by |
applicable fees and
by
copies of specifications and accurately |
scaled and fully dimensioned plans
showing the
location of the |
installation in relation to the plans and elevation of the
|
building, the
location of the machinery room and the equipment |
to be installed, relocated, or
altered,
and all structural |
supporting members thereof, including foundations. The |
applicant
shall also
specify all materials to be employed and |
all loads to be supported or conveyed.
These
plans and |
specifications shall be sufficiently complete to illustrate |
all
details of
construction and design.
|
(d) Permits may be revoked for the following reasons:
|
(1) Any false statements or misrepresentation as to the |
material
facts in the application, plans, or |
specifications on which the permit was
based.
|
(2) The permit was issued in error and should not have |
been
issued
in accordance with the code.
|
(3) The work detailed under the permit is not being |
performed in
accordance with the provisions of the |
application, plans, or specifications or
with
the code or |
conditions of the permit.
|
|
(4) The elevator contractor to whom the permit was |
issued fails or
refuses to comply with a "stop work" order.
|
(5) If the work authorized by a permit is not commenced |
within 6 months
after
the date of issuance, or within a |
shorter period of time as the Administrator or Local |
Administrator his or her
duly authorized representative in |
his or her discretion may specify at the time
the
permit is
|
issued.
|
(6) If the work is suspended or abandoned for a period |
of 180 60 days, or
shorter
period
of time as the |
Administrator or Local Administrator his or her duly |
authorized representative
in his
or her discretion
may |
specify at the time the permit is issued, after the work |
has been started.
For good
cause, the Administrator or |
Local Administrator his or her representative may allow an
|
extension of
this
period at his or her discretion.
|
(e) (Blank).
|
(f) All conveyance construction or alteration documents |
shall be submitted to the Administrator or Local Administrator |
for a permit. The documents for a new or altered building must |
first have been reviewed and approved by the local governmental |
authority as meeting the local building and fire code. In those |
jurisdictions where the municipality or county has not signed a |
local elevator agreement with the Administrator and the |
municipality or county does not have a means by which it |
approves building documents or issues building permits, the |
|
conveyance construction or alteration documents shall be |
submitted to the Administrator along with the owner-supplied, |
sealed technical submissions from a licensed architect or |
engineer. The Administrator has authority to charge a document |
review fee for this service. |
(Source: P.A. 94-698, eff. 11-22-05; 95-573, eff. 8-31-07.)
|
(225 ILCS 312/95)
|
(Section scheduled to be repealed on January 1, 2013)
|
Sec. 95. New installations; annual inspections and |
registrations.
|
(a) All new conveyance installations regulated by this Act
|
shall be performed by a person, firm, or
company to which a |
license to install or service conveyances has been issued.
|
Subsequent
to installation, the licensed person, firm, or |
company must certify compliance
with the
applicable Sections of |
this Act. Prior to any conveyance being used, the
property |
owner or
lessee must obtain a certificate of operation from the |
Administrator or Local Administrator . A
fee as authorized by |
Section 35 of this Act or as set by the Local Administrator |
shall be paid for the certificate of operation. It shall be
the |
responsibility
of the owner licensed elevator contractor to |
complete and submit first time
registration for new
|
installations.
|
(b) (Blank).
|
(c) A certificate of operation is renewable annually. The |
|
certificates Certificates
of operation
or copy thereof, must be |
clearly displayed in the conveyance on or in each conveyance or |
in the machine room for
use for
the benefit of code enforcement |
staff.
|
(Source: P.A. 94-698, eff. 11-22-05.)
|
(225 ILCS 312/105)
|
(Section scheduled to be repealed on January 1, 2013)
|
Sec. 105. Enforcement ; Investigation .
|
(a) It shall be the duty of the Administrator Elevator |
Safety Review Board
to develop an
enforcement program to ensure |
compliance with rules and
requirements
referenced in this Act. |
This shall include, but shall not be limited to,
rules for
|
identification of property locations that are subject to the |
rules and
requirements; issuing notifications to violating |
property owners or operators,
random on-site inspections, and |
tests on existing installations; witnessing
periodic
|
inspections and
testing in order to ensure satisfactory |
performance by licensed persons, firms,
or
companies; and |
assisting in development of public awareness programs.
|
(b) Any person may make a request for an investigation into |
an alleged
violation
of
this Act by giving notice to the |
Administrator or Local Administrator
of such violation or
|
danger. The
notice shall be in writing, shall set forth with |
reasonable particularity the
grounds for the
notice, and shall |
be signed by the person making the request. Upon the request
of |
|
any
person signing the notice, the person's name shall not |
appear on any copy of
the notice
or any record published, |
released, or made available. If the Local Administrator
|
determines that there are reasonable grounds to believe that
|
such violation or danger exists, the Local Administrator shall
|
forward the request for an investigation to the Administrator.
|
(c) If, upon receipt of such notification, the |
Administrator
determines
that there
are
reasonable grounds to |
believe that such violation or danger exists, the
Administrator
|
shall cause to be made or permit the Local Administrator to |
conduct an investigation in accordance
with the provisions of
|
this Act as
soon as practicable to determine if such violation |
or danger exists. If the
Administrator determines that there |
are no reasonable
grounds to believe that a
violation or
danger |
exists, he or she shall notify the party in writing of such
|
determination.
|
(d) (Blank).
|
(Source: P.A. 94-698, eff. 11-22-05; 95-573, eff. 8-31-07.)
|
(225 ILCS 312/110)
|
(Section scheduled to be repealed on January 1, 2013)
|
Sec. 110. Liability.
|
(a) This Act shall not be construed to relieve or lessen |
the responsibility
or
liability of any person, firm, or |
corporation owning, operating, controlling,
maintaining,
|
erecting, constructing, installing, altering, inspecting, |
|
testing, or repairing
any elevator or
other related mechanisms |
covered by this Act for damages to person or property
caused
by |
any defect therein, nor does the State or any unit of local |
government
assume any such liability or
responsibility
|
therefore or any liability to any person for whatever reason |
whatsoever by the
adoption of
this Act or any acts or omissions |
arising under this Act.
|
(b) Any owner or lessee who violates any of the provisions |
of this Act may be subject to a fine not to exceed $1,500
per |
day for each violation of this Act or rules
adopted pursuant to |
this Act
is guilty of a Class C misdemeanor .
|
(c) (Blank).
|
(Source: P.A. 94-698, eff. 11-22-05; 95-573, eff. 8-31-07.)
|
(225 ILCS 312/115)
|
(Section scheduled to be repealed on January 1, 2013)
|
Sec. 115. Provisions not retroactive. The provisions of |
this Act are not
retroactive unless otherwise stated, and |
equipment shall be required to comply
with the
applicable code |
at the date of its installation or within the period determined
|
by the Board
for compliance with ASME A17.3, whichever is more |
stringent . If, upon the
inspection
of any device covered by |
this Act, the equipment is found in dangerous
condition or |
there
is an immediate hazard to those riding or using such |
equipment or if the
design or the
method of operation in |
combination with devices used is considered inherently
|
|
dangerous
in the opinion of the Administrator, he or she shall |
notify the owner of the
condition and shall
order such |
alterations or additions as may be deemed necessary to |
eliminate the
dangerous condition.
|
(Source: P.A. 92-873, eff. 6-1-03.)
|
(225 ILCS 312/125)
|
(Section scheduled to be repealed on January 1, 2013)
|
Sec. 125. State law, code, or regulation; rule compliance. |
Whenever a provision in this
Act is found to be inconsistent |
with any provision of another applicable State
law, code, or
|
rule, this Act the State law shall prevail. This Act, unless |
specifically
stated otherwise, is
not intended to establish |
more stringent or more restrictive standards than
standards set
|
forth in other applicable State laws. |
Any rule adopted under this Act that requires compliance |
specifically beginning in 2009 and any rule adopted under this |
Act that requires compliance specifically beginning in 2011 |
shall be deemed to require compliance beginning in 2013 instead |
of 2009 or 2011.
|
(Source: P.A. 95-767, eff. 7-29-08.)
|
(225 ILCS 312/140)
|
(Section scheduled to be repealed on January 1, 2013)
|
Sec. 140. Local Administrator regulation ; home rule.
|
(a) The Administrator may enter into a local elevator |
|
agreement contracts with municipalities or counties under |
which the Local Administrator municipalities or counties shall |
(i) issue construction permits and certificates of operation, |
(ii) provide for inspection of elevators, including temporary |
operation inspections, (iii) grant
exceptions and variances |
from the literal requirements of
applicable State codes, |
standards, and regulations in cases
where such variances would |
not jeopardize the public safety
and welfare, and (iv) (iii) |
enforce the applicable provisions of the Act , and levy fines in |
accordance with the Municipal Code or Counties Code . The Local |
Administrator municipality or county may choose to require that |
inspections be performed by its own inspectors or by private |
certified elevator inspectors. The Local Administrator |
municipality or county may assess a reasonable fee for permits, |
exceptions, variances,
certification of operation, or |
inspections performed by its inspectors. Each agreement |
contract shall include a provision that the Local Administrator |
municipality or county shall maintain for inspection by the |
Administrator copies of all applications for permits issued, |
grants or denials of
exceptions or variances, copies of each |
inspection report issued, and proper records showing the number |
of certificates of operation issued. Each agreement contract |
shall also include a provision that each required inspection be |
conducted by a certified elevator inspector and any other |
provisions deemed necessary by the Administrator.
Any safety |
standards or regulations adopted by a municipality or county |
|
under this
subsection must be at least as stringent as those |
provided for in this Act and
the rules adopted under this Act.
|
(b) A
home rule unit may not
regulate the inspection or |
licensure of, or
otherwise regulate, elevators and devices |
described in Section 10 of this Act
in a manner less |
restrictive than the regulation by the State of those matters
|
under this Act.
This subsection is a limitation under |
subsection (i) of Section 6 of Article
VII of the Illinois |
Constitution on the concurrent exercise by home rule units
of |
powers and functions exercised by the State.
|
(c) (Blank).
|
(d) The Administrator shall be notified of any
exception or |
variance granted. The Administrator may object
to such |
exception or variance within 7 business days of
receipt of the |
notice. Should the Administrator and Local
Administrator not |
reach agreement on the exception or
variance, the matter shall |
be directed to the Board to hear
and decide. |
(Source: P.A. 94-698, eff. 11-22-05.)
|
(430 ILCS 80/Act rep.)
|
Section 15. The Elevator Installation Act is repealed. |
Section 99. Effective date. This Act takes effect upon |
becoming law. |