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Sen. M. Maggie Crotty
Filed: 4/18/2007
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LRB095 10695 RAS 35084 a |
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| AMENDMENT TO HOUSE BILL 1423
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| AMENDMENT NO. ______. Amend House Bill 1423 by replacing |
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| everything after the enacting clause with the following: |
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| "Section 5. The Elevator Safety and Regulation Act is |
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| amended by changing Sections 10, 20, 25, 40, 45, 80, 90, and |
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| 120 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| (Section scheduled to be repealed on January 1, 2013)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 design, construction, operation, |
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| inspection,
testing,
maintenance, alteration, and repair of |
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| the following equipment, its associated
parts, and
its |
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| hoistways (except as modified by subsection (c) of this |
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| Section):
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| (1) Hoisting and lowering mechanisms equipped with a |
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| car or platform,
which move between 2 or more landings. |
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LRB095 10695 RAS 35084 a |
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| This equipment includes, but is not
limited
to, the |
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| following (also see ASME A17.1, ASME A17.3, ASME A18.1, and |
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| ANSI
A10.4):
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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 |
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| persons between
landings. This equipment includes, but is |
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| not limited to, the following (also
see ASME A17.1 and ASME |
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| 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 |
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| car, which serves
2 or more landings and is restricted to |
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| the carrying of material by its
limited
size or limited |
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| access to the car. This equipment includes, but is not |
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| limited
to, the
following (also see ASME A17.1 and ASME |
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| A17.3):
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| (A) Dumbwaiters.
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| (B) Material lifts and dumbwaiters with automatic |
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| transfer
devices.
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| (b) This Act covers the design, construction, operation, |
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| inspection,
maintenance,
alteration, and repair of automatic |
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| guided transit vehicles on guideways with
an
exclusive
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| right-of-way. This equipment includes, but is not limited to, |
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| 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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LRB095 10695 RAS 35084 a |
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| (1) Material hoists.
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| (2) Belt manlifts.
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| (3) Mobile scaffolds, towers, and platforms, except |
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| those covered by ANSI
A10.4.
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| (4) Powered platforms and equipment for exterior and |
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| interior
maintenance.
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| (5) Conveyors and related equipment.
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| (6) Cranes, derricks, hoists, hooks, jacks, and |
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| slings.
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| (7) Industrial trucks.
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| (8) Portable equipment, except for portable |
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| escalators.
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| (9) Tiering or piling machines used to move materials |
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| to and from
storage located and operating entirely within |
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| one story.
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| (10) Equipment for feeding or positioning materials at |
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| 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 |
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| platforms, and similar
equipment used for installing an |
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| elevator by a contractor licensed in this
State.
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| (15) Railway and Transit Systems.
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| (16) Conveyances located in a private residence not |
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| accessible to the public. |
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LRB095 10695 RAS 35084 a |
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| (17) Special purpose personnel elevators. |
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| (d) This Act does not apply to a municipality with a |
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| population over 500,000.
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| (Source: P.A. 94-698, eff. 11-22-05.)
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| (225 ILCS 312/20)
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| (Section scheduled to be repealed on January 1, 2013)
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| Sec. 20. License or registration required.
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| (a) After July 1, 2003 through the effective date of this |
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| amendatory Act of the 94th General Assembly and after July 1, |
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| 2006, no person shall erect, construct, wire, alter,
replace,
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| maintain, remove, or dismantle any conveyance contained within |
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| buildings or
structures
in the jurisdiction of this State |
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| unless he or she possesses an elevator
mechanic's license
under |
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| this Act and unless he or she works under the direct |
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| supervision of a
person,
firm, or
company having an elevator |
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| contractor's license in accordance with Section 40
of this Act |
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| or exempted by that Section .
A licensed or limited licensed |
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| elevator mechanic employed by an entity exempted from |
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| contractor licensure under subsection (a) of Section 40 of this |
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| Act is exempt, with respect to work performed for that |
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| employer, from the requirement that he or she work under the |
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| direct supervision of an elevator contractor licensee. A
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| However, a licensed elevator contractor is not required for |
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| removal or
dismantling of conveyances that are destroyed as a |
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| result of a complete
demolition of a secured building or |
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| structure or where the hoistway or wellway
is demolished back |
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| to the basic support structure and where no access is
permitted |
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| that would endanger the safety and welfare of a person.
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| (b) After July 1, 2003 through the effective date of this |
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| amendatory Act of the 94th General Assembly and after July 1, |
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| 2006, no person shall inspect any conveyance within
buildings
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| or structures, including, but not limited, to private |
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| residences, unless he or
she has an
inspector's license.
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| (c) After January 1, 2006, a person who is not licensed |
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| under subsection (a) may not work in the jurisdiction of this |
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| State as an elevator industry apprentice or helper unless he or |
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| she is registered as an elevator industry apprentice or helper |
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| by the Administrator and works under the direct supervision of |
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| an individual licensed under this Act as an elevator mechanic. |
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| The Administrator shall set elevator industry apprenticeship |
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| and helper qualifications and registration procedure by rule.
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| (Source: P.A. 94-698, eff. 11-22-05.)
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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 |
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| Fire Marshal
the Elevator Safety Review Board, consisting of 14
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| 13 members. The Administrator
shall appoint 3 members who shall |
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| be representatives
of fire
service communities. The Governor |
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| shall appoint the remaining 11
10 members of
the Board as |
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| follows: one representative from a major elevator |
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| manufacturing
company or its authorized representative; one |
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| representative from an elevator
servicing company; one |
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| representative of the architectural design
profession; one |
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| representative of the general public; one representative of an |
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| advocacy group for people with physical disabilities; one |
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| representative of the senior citizen population; one |
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| representative
of a municipality in this State with a |
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| population under 25,000; one
representative of a municipality |
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| in this State with a population of 25,000 or
over but under |
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| 50,000; one representative of a municipality in this State with
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| a population of 50,000 or over but under 500,000; one |
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| representative of a
building owner or manager; and one |
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| representative of labor involved in the
installation, |
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| maintenance, and repair of elevators.
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| (b) The members constituting the Board shall be appointed |
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| for initial terms
as follows:
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| (1) Of the members appointed by the Administrator, 2 |
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| shall serve
for a term of 2 years, and one for a term of 4 |
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| years.
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| (2) Of the members appointed by the Governor, 2 shall |
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| serve for a term
of one year, 2 for terms of 2 years, 2 for |
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| terms of 3 years, and 4 for terms of
4 years. The |
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| representative of the senior citizen population shall |
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| serve an initial term of 4 years.
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| At the expiration of their initial terms of office, the |
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| members or their
successors shall be appointed for terms of 4 |
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| years each. Upon the expiration
of a member's term of office, |
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| the officer who appointed
that member shall reappoint that |
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| member or appoint a successor who is a
representative of the |
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| same interests with which his or her predecessor was
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| identified. The Administrator and the Governor may at any time |
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| remove any
of their respective appointees for inefficiency or |
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| neglect of duty in office.
Upon the death or incapacity of a |
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| member, the officer who appointed that member
shall fill the |
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| 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 |
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| his or her
predecessor was identified. The members shall serve |
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| without salary, but shall
receive from the State expenses |
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| necessarily incurred by them in performance
of their duties. |
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| 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 |
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| event of a tie
vote.
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| (Source: P.A. 94-698, eff. 11-22-05.)
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| (225 ILCS 312/40)
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| (Section scheduled to be repealed on January 1, 2013)
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| Sec. 40. Application for contractor's license.
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| (a) Any person, firm, or company wishing to engage in the |
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| business of
installing,
altering, repairing, servicing, |
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| replacing, or maintaining elevators,
dumbwaiters,
escalators, |
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| or
moving walks within this State shall make application for a |
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LRB095 10695 RAS 35084 a |
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| license with the
Administrator. However, if the State, a unit |
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| of local government, or an institution of higher education |
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| maintains in its employ licensed or limited licensed elevator |
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| mechanics who maintain only conveyances owned or leased by that |
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| entity, the employing entity is not required to be licensed as |
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| a contractor under this Section and none of the provisions of |
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| this Act concerning licensed contractors shall apply to these |
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| entities.
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| (b) All applications shall contain the following |
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| information:
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| (1) if the applicant is a person, the name, residence, |
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| and business address
of the applicant;
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| (2) if the applicant is a partnership, the name, |
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| residence, and business
address of each partner;
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| (3) if the applicant is a domestic corporation, the |
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| name and business
address of the corporation and the name |
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| and residence address of the principal
officer of the |
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| corporation;
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| (4) if the applicant is a corporation other than a |
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| domestic corporation,
the
name and address of an agent |
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| locally located who shall be authorized to accept
service |
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| of process and official notices;
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| (5) the number of years the applicant has engaged in |
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| the business of
installing, inspecting, maintaining, or |
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| servicing elevators or platform
lifts or both;
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| (6) if applying for an elevator contractor's license, |
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| the approximate
number of persons, if any, to be employed |
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| by the elevator contractor applicant
and, if applicable, |
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| satisfactory evidence that the employees are or will be
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| covered
by workers' compensation insurance;
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| (7) satisfactory evidence that the applicant is or will |
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| be covered by
general
liability, personal injury, and |
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| property damage insurance;
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| (8) any criminal record of convictions; and
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| (9) any other information as the Administrator may |
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| require.
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| (c) (Blank).
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| (Source: P.A. 94-698, eff. 11-22-05.)
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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; |
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| emergency and temporary licensure.
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| (a) No license shall be granted to any person who has not |
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| paid the required
application fee.
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| (b) No license shall be granted to any person who has not |
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| proven his or her
qualifications and abilities. |
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| (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 |
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| and education
credits consisting of: (A) not less than 3 |
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| years work experience in the
elevator
industry, in |
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LRB095 10695 RAS 35084 a |
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| construction, maintenance, and service or repair, as |
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| verified by
current and previous employers licensed to do |
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| business in this State or in another state if the Board |
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| deems that out-of-State experience equivalent ; and (B)
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| satisfactory completion of a written examination |
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| administered by the Elevator
Safety Review Board or its |
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| designated provider on the adopted rules, referenced |
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| codes, and standards for the equipment the licensee is |
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| authorized to install;
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| (2) acceptable proof that he or she has worked as an |
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| elevator constructor,
maintenance, or repair person for |
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| the equipment the licensee is authorized to install; |
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| acceptable proof shall consist of documentation
that he or |
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| she worked without direct and immediate supervision for an |
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| elevator
contractor who has worked on elevators in this |
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| State for a period of not less
than
3
years immediately |
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| preceding the effective date of the final
initial rules |
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| adopted by the Board under Section 35 of this Act that |
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| implement this Act; the person must make
application by |
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| December 31, 2007; however, all licenses issued under the |
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| provisions of this item (2) between
May 1, 2006 and the |
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| effective date of this amendatory Act of the 95th General |
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| Assembly are deemed valid ;
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| (3) a certificate of successful completion of the |
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| mechanic examination
of a
nationally recognized training |
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| program for the elevator industry such as the
National |
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LRB095 10695 RAS 35084 a |
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| Elevator Industry Educational Program or its equivalent |
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| based on the codes applicable to the type of license |
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| (elevator mechanic's license or limited elevator |
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| mechanic's license) for which the individual is applying;
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| (4) a certificate of completion of an elevator mechanic |
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| apprenticeship
program with standards substantially equal |
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| to those of this Act and
registered
with the Bureau of |
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| 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 |
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| substantially equal to
those of this State.
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| (d) Whenever an emergency exists in the State due to |
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| disaster or
work stoppage and the number of persons in the |
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| State holding licenses granted
by the
Board is insufficient to |
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| cope with the emergency, the licensed elevator
contractor shall
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| respond as necessary to ensure the safety of the public. Any |
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| person certified
by a licensed
elevator contractor to have an |
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| acceptable combination of documented experience
and
education |
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| to perform elevator work without direct and immediate |
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| supervision
shall seek
an emergency elevator mechanic's |
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| license from the Administrator
within 5 business days after |
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| commencing work requiring a license. The
Administrator
shall |
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| issue emergency elevator mechanic's licenses. The applicant |
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| shall furnish
proof of
competency as the Administrator may |
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| require. Each license shall recite that it
is valid for a
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| period of 30 days from the date thereof and for such particular |
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| elevators
or
geographical areas as the Administrator may |
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| designate and otherwise shall
entitle the
licensee to the |
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| rights and privileges of an elevator mechanic's license issued
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| under this
Act. The Administrator shall renew an emergency |
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| elevator mechanic's license
during the
existence of an |
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| emergency. No fee may be charged for any emergency elevator
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| mechanic's license or renewal thereof. |
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| (e) A licensed elevator contractor shall notify the |
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| Administrator when there
are no
licensed personnel available to |
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| perform elevator work. The licensed elevator
contractor
may |
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| request that the Administrator issue temporary elevator |
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| mechanic's licenses
to
persons certified by the licensed |
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| elevator contractor to have an acceptable
combination of
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| documented experience and education to perform elevator work |
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| without direct and
immediate supervision. Any person certified |
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| by a licensed elevator contractor
to have an
acceptable |
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| combination of documented experience and education to perform
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| elevator
work without direct and immediate supervision shall |
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| immediately seek a
temporary
elevator mechanic's license from |
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| the Administrator and shall pay such fee as
the Board
shall |
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| determine. The applicant for temporary licensure shall furnish |
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| proof of competency as the Administrator may require and for |
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| such particular elevators or geographical areas as the |
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| Administrator may designate.
Each license shall recite that it |
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| is valid for a period of
30 days from
the date of issuance and |
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| while employed by the licensed elevator contractor
that |
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| certified
the individual as qualified. It shall be renewable as |
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| long as the shortage of
license holders continues.
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| (Source: P.A. 94-698, eff. 11-22-05.)
|
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| (225 ILCS 312/80)
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| (Section scheduled to be repealed on January 1, 2013)
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| Sec. 80. Registration of existing elevators, platform |
7 |
| lifts, dumbwaiters,
escalators, moving walks, and any other |
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| conveyance. Within 6 months after the
date of
the adoption of |
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| the final
initial rules that implement this Act, the owner or |
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| lessee of every existing conveyance
shall
register with the |
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| Administrator each elevator, dumbwaiter, platform lift,
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| escalator, or
other device described in Section 10 of this Act |
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| and provide the type, rated
load and
speed, name of
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| manufacturer, its location, the purpose for which it is used, |
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| and such
additional
information as the Administrator may |
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| require. Elevators, dumbwaiters,
platform lifts,
escalators, |
17 |
| moving walks, or other conveyances of which construction has |
18 |
| begun
subsequent to the date of the creation of the Board shall |
19 |
| be registered at the
time they are
completed and placed in |
20 |
| service.
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| (Source: P.A. 94-698, eff. 11-22-05.)
|
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| (225 ILCS 312/90)
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| (Section scheduled to be repealed on January 1, 2013)
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| Sec. 90. Permits.
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| (a) No conveyance covered by this Act shall be erected, |
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| constructed,
installed,
or altered within buildings or |
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| structures within this State unless a permit has
been
obtained |
4 |
| from the Administrator or a municipality or other unit of local
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| government.
If the permit is obtained
from
a municipality or |
6 |
| other unit of local government, the municipality or other
unit |
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| of local
government that issued the permit shall
keep the |
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| permit on file for a period of not less than one year from the |
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| date of
issuance and send a copy to the Administrator for |
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| inspection.
Where
any material alteration is made, the device |
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| shall conform to applicable
requirements in
ASME A17.1, ASME |
12 |
| A18.1, ASCE 21, or ANSI A10.4. No permit required under this
|
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| Section
shall be
issued
except to a person, firm, or |
14 |
| corporation holding a current elevator
contractor's license,
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| duly issued pursuant to this Act , except that a permit to alter |
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| a conveyance may be issued to an entity exempted from licensure |
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| under subsection (a) of Section 40 of this Act . A copy of the |
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| permit shall be kept at the
construction
site at all times |
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| while the work is in progress.
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| (b) The permit fee shall be as set by the Board. Permit |
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| fees collected are
non-refundable.
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| (c) Each application for a permit shall be accompanied by |
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| applicable fees and
by
copies of specifications and accurately |
24 |
| scaled and fully dimensioned plans
showing the
location of the |
25 |
| installation in relation to the plans and elevation of the
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| building, the
location of the machinery room and the equipment |
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| to be installed, relocated, or
altered,
and all structural |
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| supporting members, including foundations. The applicant
shall |
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| also
specify all materials to be employed and all loads to be |
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| supported or conveyed.
These
plans and specifications shall be |
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| sufficiently complete to illustrate all
details of
|
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| construction and design.
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| (d) Permits may be revoked for the following reasons:
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| (1) Any false statements or misrepresentation as to the |
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| material
facts in the application, plans, or |
10 |
| specifications on which the permit was
based.
|
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| (2) The permit was issued in error and should not have |
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| been
issued
in accordance with the code.
|
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| (3) The work detailed under the permit is not being |
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| performed in
accordance with the provisions of the |
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| application, plans, or specifications or
with
the code or |
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| conditions of the permit.
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| (4) The elevator contractor to whom the permit was |
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| issued fails or
refuses to comply with a "stop work" order.
|
19 |
| (5) If the work authorized by a permit is not commenced |
20 |
| within 6 months
after
the date of issuance, or within a |
21 |
| shorter period of time as the Administrator or his or her
|
22 |
| duly authorized representative in his or her discretion may |
23 |
| specify at the time
the
permit is
issued.
|
24 |
| (6) If the work is suspended or abandoned for a period |
25 |
| of 60 days, or
shorter
period
of time as the Administrator |
26 |
| or his or her duly authorized representative
in his
or her |
|
|
|
09500HB1423sam001 |
- 16 - |
LRB095 10695 RAS 35084 a |
|
|
1 |
| discretion
may specify at the time the permit is issued, |
2 |
| after the work has been started.
For good
cause, the |
3 |
| Administrator or his or her representative may allow an
|
4 |
| extension of
this
period at his or her discretion.
|
5 |
| (e) (Blank).
|
6 |
| (Source: P.A. 94-698, eff. 11-22-05.)
|
7 |
| (225 ILCS 312/120)
|
8 |
| (Section scheduled to be repealed on January 1, 2013)
|
9 |
| Sec. 120. Inspection and testing.
|
10 |
| (a) It shall be the responsibility of the owner of all new |
11 |
| and existing
conveyances
located in any building or structure |
12 |
| to have the conveyance inspected, at intervals determined by |
13 |
| the Board,
by a person, firm, or company to which a license to
|
14 |
| inspect
conveyances has been issued. Subsequent to inspection, |
15 |
| the licensed person,
firm, or
company must supply the property |
16 |
| owner or lessee and the Administrator
with a
written inspection |
17 |
| report describing any and all violations. Property owners
shall |
18 |
| have 30
days from the date of the published inspection report |
19 |
| to be in full compliance
by
correcting the violations. The |
20 |
| Administrator shall determine whether such violations have |
21 |
| been corrected and may extend the compliance dates for good |
22 |
| cause, provided that such violations are minor and pose no |
23 |
| threat to public safety .
|
24 |
| (b) (Blank).
|
25 |
| (c) All tests shall be performed by a licensed elevator |