SB2037 EnrolledLRB097 10106 CEL 50287 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Elevator Safety and Regulation Act is
5amended by changing Sections 35, 95, and 120 as follows:
 
6    (225 ILCS 312/35)
7    (Section scheduled to be repealed on January 1, 2013)
8    Sec. 35. Powers and duties of the Board and Administrator.
9    (a) The Board shall consult with engineering authorities
10and organizations and adopt rules consistent with the
11provisions of this Act for the administration and enforcement
12of this Act. The Board may prescribe forms to be issued in
13connection with the administration and enforcement of this Act.
14The rules shall establish standards and criteria consistent
15with this Act for licensing of elevator mechanics, inspectors,
16and installers of elevators, including the provisions of the
17Safety Code for Elevators and Escalators (ASME A17.1), the
18provisions of the Performance-Based Safety Code for Elevators
19and Escalators (ASME A17.7), the Standard for the Qualification
20of Elevator Inspectors (ASME QEI-1), the Automated People Mover
21Standards (ASCE 21), the Safety Requirements for Personnel
22Hoists and Employee Elevators (ANSI A10.4), and the Safety
23Standard for Platform Lifts and Stairway Chairlifts (ASME

 

 

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1A18.1). The Board shall adopt or amend and adopt the latest
2editions of the standards referenced in this subsection within
312 months after the effective date of the standards.
4    The Board shall make determinations authorized by this Act
5regarding variances, interpretations, and the installation of
6new technology. Such determinations shall have a binding
7precedential effect throughout the State regarding equipment,
8structure, or the enforcement of codes unless limited by the
9Board to the fact-specific issues.
10    (b) The Administrator or Local Administrator shall have the
11authority to grant exceptions and variances from the literal
12requirements of applicable State codes, standards, and
13regulations in cases where such variances would not jeopardize
14the public safety and welfare. The Administrator has the right
15to review and object to any exceptions or variances granted by
16the Local Administrator. The Board shall have the authority to
17hear appeals, for any denial by the Local Administrator or for
18any denial or objection by the Administrator. The Board shall
19hold hearings, and decide upon such within 30 days of the
20appeal.
21    (c) The Board shall establish fee schedules for licenses,
22and registrations issued by the Administrator. The Board shall
23also establish fee schedules for permits, certificates, and
24inspections for conveyances not under a Local Administrator.
25The fees shall be set at an amount necessary to cover the
26actual costs and expenses to operate the Board and to conduct

 

 

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1the duties as described in this Act.
2    (d) The Board shall be authorized to recommend the
3amendments of applicable legislation, when appropriate, to
4legislators.
5    (e) The Administrator may solicit the advice and expert
6knowledge of the Board on any matter relating to the
7administration and enforcement of this Act.
8    (f) The Administrator may employ professional, technical,
9investigative, or clerical help, on either a full-time or
10part-time basis, as may be necessary for the enforcement of
11this Act.
12    (g) (Blank).
13    (h) Notwithstanding anything else in this Section, the
14following upgrade requirements of the 2007 edition of the
15Safety Code for Elevators and Escalators (ASME A17.1) and the
162005 edition of the Safety Code for Existing Elevators (ASME
17A17.3) must be completed by January 1, 2015, but the
18Administrator or Local Administrator may not require their
19completion prior to January 1, 2013:
20        (i) restricted opening of hoistway doors or car doors
21    on passenger elevators;
22        (ii) car illumination;
23        (iii) emergency operation and signaling devices;
24        (iv) phase reversal and failure protection;
25        (v) reopening device for power operated doors or gates;
26        (vi) stop switch pits; and

 

 

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1        (vii) pit ladder installation in accordance with
2    Section 2.2.4.2 of ASME A17.1-2007.
3    (i) In the event that a conveyance regulated by this Act is
4altered, the alteration shall comply with ASME A17.1.
5Notwithstanding anything else in this Section, the
6firefighter's emergency operation, and the hydraulic elevator
7cylinder, including the associated safety devices outlined in
8Section 4.3.3(b) of ASME A17.3-2005, are not required to be
9upgraded unless: (1) there is an alteration, (2) the equipment
10fails, or (3) failing to replace the equipment jeopardizes the
11public safety and welfare as determined by the Local
12Administrator or the Board.
13    (j) The Administrator may choose to require the inspection
14of any conveyance to be performed by its own inspectors or by
15third-party licensed inspectors employed by the Administrator.
16(Source: P.A. 95-573, eff. 8-31-07; 96-54, eff. 7-23-09.)
 
17    (225 ILCS 312/95)
18    (Section scheduled to be repealed on January 1, 2013)
19    Sec. 95. New installations; annual inspections and
20registrations.
21    (a) All new conveyance installations regulated by this Act
22shall be performed by a person, firm, or company to which a
23license to install or service conveyances has been issued.
24Subsequent to installation, the licensed person, firm, or
25company must certify compliance with the applicable Sections of

 

 

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1this Act. Prior to any conveyance being used, the property
2owner or lessee must obtain a certificate of operation from the
3Administrator or Local Administrator. A fee as authorized by
4Section 35 of this Act or as set by the Local Administrator
5shall be paid for the certificate of operation. It shall be the
6responsibility of the owner to complete and submit first time
7registration for new installations.
8    (b) (Blank).
9    (c) A certificate of operation is renewable annually,
10except that a certificate of operation is renewable every 3
11years for a conveyance (i) that is located in a building owned
12and occupied by any church, synagogue, or other building,
13structure, or place used primarily for religious worship and is
14the only conveyance in the building, (ii) that is under the
15jurisdiction of the Administrator, (iii) that is limited in use
16to 2 levels, and (iv) for which the church, synagogue, or other
17building, structure, or place used primarily for religious
18worship has an annual maintenance examination that includes the
19applicable category tests. For these occupancies, on-site
20witnessing of the category test shall be witnessed every 3
21years. Records of the applicable maintenance checks and
22elevator category test results shall be maintained on-site by
23the building owner. The certificates of operation or copy
24thereof, must be clearly displayed in the conveyance for the
25benefit of code enforcement staff.
26(Source: P.A. 96-54, eff. 7-23-09.)
 

 

 

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1    (225 ILCS 312/120)
2    (Section scheduled to be repealed on January 1, 2013)
3    Sec. 120. Inspection and testing.
4    (a) Except as provided in subsection (c) of Section 95 of
5this Act, it It shall be the responsibility of the owner of all
6new and existing conveyances located in any building or
7structure to have the conveyance inspected annually by a
8person, firm, or company to which a license to inspect
9conveyances has been issued. Subsequent to inspection, the
10licensed person, firm, or company must supply the property
11owner or lessee and the Administrator with a written inspection
12report describing any and all code violations. Property owners
13shall have 30 days from the date of the published inspection
14report to be in full compliance by correcting the violations.
15The Administrator shall determine whether such violations have
16been corrected and may extend the compliance dates for good
17cause, provided that such violations are minor and pose no
18threat to public safety.
19    (b) It shall be the responsibility of the owner of all
20conveyances to have a licensed elevator contractor, as defined
21in this Act, ensure that the required tests are performed at
22intervals in compliance with the ASME A 17.1, ASME A 18.1 and
23ASCE 21.
24    (c) All tests shall be performed by a licensed elevator
25mechanic.

 

 

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1(Source: P.A. 94-698, eff. 11-22-05; 95-573, eff. 8-31-07.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.