Public Act 097-0310
 
SB2037 EnrolledLRB097 10106 CEL 50287 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Elevator Safety and Regulation Act is
amended by changing Sections 35, 95, and 120 as follows:
 
    (225 ILCS 312/35)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 35. Powers and duties of the Board and Administrator.
    (a) The Board shall consult with engineering authorities
and organizations and adopt rules consistent with the
provisions of this Act for the administration and enforcement
of this Act. The Board may prescribe forms to be issued in
connection with the administration and enforcement of this Act.
The rules shall establish standards and criteria consistent
with this Act for licensing of elevator mechanics, inspectors,
and installers of elevators, including the provisions of the
Safety Code for Elevators and Escalators (ASME A17.1), the
provisions of the Performance-Based Safety Code for Elevators
and Escalators (ASME A17.7), the Standard for the Qualification
of Elevator Inspectors (ASME QEI-1), the Automated People Mover
Standards (ASCE 21), the Safety Requirements for Personnel
Hoists and Employee Elevators (ANSI A10.4), and the Safety
Standard for Platform Lifts and Stairway Chairlifts (ASME
A18.1). The Board shall adopt or amend and adopt the latest
editions of the standards referenced in this subsection within
12 months after the effective date of the standards.
    The Board shall make determinations authorized by this Act
regarding variances, interpretations, and the installation of
new technology. Such determinations shall have a binding
precedential effect throughout the State regarding equipment,
structure, or the enforcement of codes unless limited by the
Board to the fact-specific issues.
    (b) The Administrator or Local Administrator shall have the
authority to grant exceptions and variances from the literal
requirements of applicable State codes, standards, and
regulations in cases where such variances would not jeopardize
the public safety and welfare. The Administrator has the right
to review and object to any exceptions or variances granted by
the Local Administrator. The Board shall have the authority to
hear appeals, for any denial by the Local Administrator or for
any denial or objection by the Administrator. The Board shall
hold hearings, and decide upon such within 30 days of the
appeal.
    (c) The Board shall establish fee schedules for licenses,
and registrations issued by the Administrator. The Board shall
also establish fee schedules for permits, certificates, and
inspections for conveyances not under a Local Administrator.
The fees shall be set at an amount necessary to cover the
actual costs and expenses to operate the Board and to conduct
the duties as described in this Act.
    (d) The Board shall be authorized to recommend the
amendments of applicable legislation, when appropriate, to
legislators.
    (e) The Administrator may solicit the advice and expert
knowledge of the Board on any matter relating to the
administration and enforcement of this Act.
    (f) The Administrator may employ professional, technical,
investigative, or clerical help, on either a full-time or
part-time basis, as may be necessary for the enforcement of
this Act.
    (g) (Blank).
    (h) Notwithstanding anything else in this Section, the
following upgrade requirements of the 2007 edition of the
Safety Code for Elevators and Escalators (ASME A17.1) and the
2005 edition of the Safety Code for Existing Elevators (ASME
A17.3) must be completed by January 1, 2015, but the
Administrator or Local Administrator may not require their
completion prior to January 1, 2013:
        (i) 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
of any conveyance to be performed by its own inspectors or by
third-party licensed inspectors employed by the Administrator.
(Source: P.A. 95-573, eff. 8-31-07; 96-54, eff. 7-23-09.)
 
    (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 to complete and submit first time
registration for new installations.
    (b) (Blank).
    (c) A certificate of operation is renewable annually,
except that a certificate of operation is renewable every 3
years for a conveyance (i) that is located in a building owned
and occupied by any church, synagogue, or other building,
structure, or place used primarily for religious worship and is
the only conveyance in the building, (ii) that is under the
jurisdiction of the Administrator, (iii) that is limited in use
to 2 levels, and (iv) for which the church, synagogue, or other
building, structure, or place used primarily for religious
worship has an annual maintenance examination that includes the
applicable category tests. For these occupancies, on-site
witnessing of the category test shall be witnessed every 3
years. Records of the applicable maintenance checks and
elevator category test results shall be maintained on-site by
the building owner. The certificates of operation or copy
thereof, must be clearly displayed in the conveyance for the
benefit of code enforcement staff.
(Source: P.A. 96-54, eff. 7-23-09.)
 
    (225 ILCS 312/120)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 120. Inspection and testing.
    (a) Except as provided in subsection (c) of Section 95 of
this Act, it It shall be the responsibility of the owner of all
new and existing conveyances located in any building or
structure to have the conveyance inspected annually by a
person, firm, or company to which a license to inspect
conveyances has been issued. Subsequent to inspection, the
licensed person, firm, or company must supply the property
owner or lessee and the Administrator with a written inspection
report describing any and all code violations. Property owners
shall have 30 days from the date of the published inspection
report to be in full compliance by correcting the violations.
The Administrator shall determine whether such violations have
been corrected and may extend the compliance dates for good
cause, provided that such violations are minor and pose no
threat to public safety.
    (b) It shall be the responsibility of the owner of all
conveyances to have a licensed elevator contractor, as defined
in this Act, ensure that the required tests are performed at
intervals in compliance with the ASME A 17.1, ASME A 18.1 and
ASCE 21.
    (c) All tests shall be performed by a licensed elevator
mechanic.
(Source: P.A. 94-698, eff. 11-22-05; 95-573, eff. 8-31-07.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/11/2011