Illinois General Assembly - Full Text of HB1449
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Full Text of HB1449  102nd General Assembly

HB1449enr 102ND GENERAL ASSEMBLY



 


 
HB1449 EnrolledLRB102 03465 BMS 13478 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 Regulatory Sunset Act is amended by
5changing Sections 4.33 and 4.38 as follows:
 
6    (5 ILCS 80/4.33)
7    Sec. 4.33. Acts repealed on January 1, 2023. The following
8Acts are repealed on January 1, 2023:
9    The Dietitian Nutritionist Practice Act.
10    The Elevator Safety and Regulation Act.
11    The Fire Equipment Distributor and Employee Regulation Act
12of 2011.
13    The Funeral Directors and Embalmers Licensing Code.
14    The Naprapathic Practice Act.
15    The Pharmacy Practice Act.
16    The Professional Counselor and Clinical Professional
17Counselor Licensing and Practice Act.
18    The Wholesale Drug Distribution Licensing Act.
19(Source: P.A. 101-621, eff. 12-20-19.)
 
20    (5 ILCS 80/4.38)
21    Sec. 4.38. Acts repealed on January 1, 2028. The following
22Acts are repealed on January 1, 2028:

 

 

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1    The Acupuncture Practice Act.
2    The Clinical Social Work and Social Work Practice Act.
3    The Elevator Safety and Regulation Act.
4    The Fire Equipment Distributor and Employee Regulation Act
5of 2011.
6    The Home Medical Equipment and Services Provider License
7Act.
8    The Illinois Petroleum Education and Marketing Act.
9    The Illinois Speech-Language Pathology and Audiology
10Practice Act.
11    The Interpreter for the Deaf Licensure Act of 2007.
12    The Nurse Practice Act.
13    The Nursing Home Administrators Licensing and Disciplinary
14Act.
15    The Physician Assistant Practice Act of 1987.
16    The Podiatric Medical Practice Act of 1987.
17(Source: P.A. 100-220, eff. 8-18-17; 100-375, eff. 8-25-17;
18100-398, eff. 8-25-17; 100-414, eff. 8-25-17; 100-453, eff.
198-25-17; 100-513, eff. 9-20-17; 100-525, eff. 9-22-17;
20100-530, eff. 9-22-17; 100-560, eff. 12-8-17.)
 
21    Section 10. The Fire Equipment Distributor and Employee
22Regulation Act of 2011 is amended by changing Sections 5, 10,
2320, 30, 40, 45, 60, 65, 70, 75, 80, 82, 83, 85, 90, and 115 and
24by adding Sections 14 and 62 as follows:
 

 

 

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1    (225 ILCS 217/5)
2    (Section scheduled to be repealed on January 1, 2023)
3    Sec. 5. Definitions. As used in this Act:
4    "Employee" means a licensee or a person who is currently
5employed by a fire equipment distributor licensed under this
6Act whose full or part-time duties include servicing,
7recharging, hydrotesting, installing, maintaining, or
8inspecting fire equipment.
9    "Fire equipment" means any portable or fixed fire
10extinguishing device or system other than a fire sprinkler
11system under the Fire Sprinkler Contractor Licensing Act.
12    "Fire equipment distributor" means any person, company or
13corporation that services, recharges, hydrotests, inspects,
14installs, maintains, alters, repairs, replaces, or services
15fire equipment for customers, clients, or other third parties.
16    "ICC" means the International Code Council.
17    "NAFED" means the National Association of Fire Equipment
18Distributors.
19    "NFPA" means the National Fire Protection Association.
20    "NICET" means the National Institute for Certification in
21Engineering Technologies.
22    "Office" or "State Fire Marshal" means the Office of the
23State Fire Marshal.
24    "Person" means a natural person or any company,
25corporation, or other business entity.
26    (a) "Employee" means a licensee or a person who is

 

 

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1currently employed by a distributor licensed under this Act
2whose full or part-time duties include servicing, recharging,
3hydro-testing, installing, maintaining, or inspecting all
4types of fire extinguishing devices or systems, other than
5water sprinkler systems.
6    (b) "Board" means the Fire Equipment Distributor and
7Employee Advisory Board.
8    (c) "Person" means a natural person or any company,
9corporation, or other business entity.
10    (d) "Fire equipment distributor" means any person, company
11or corporation that services, recharges, hydro-tests,
12inspects, installs, maintains, alters, repairs, replaces, or
13services fire extinguishing devices or systems, other than
14water sprinkler systems, for customers, clients, or other
15third parties. "Fire equipment distributor" does not include a
16person, company, or corporation employing 2,000 or more
17employees within the State of Illinois that engages in these
18activities incidental to its own business.
19    (e) "Public member" means a person who is not a licensee or
20a relative of a licensee, or who is not an employer or employee
21of a licensee. The term "relative" shall be determined by
22rules of the State Fire Marshal.
23    (f) "Residency" means an actual domicile in Illinois for a
24period of not less than one year.
25    (g) "Inspection" means a determination that a fire
26extinguisher is available in its designated place and has not

 

 

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1been actuated or tampered with. "Inspection" does not include
2the inspection that may be performed by the building owner,
3tenant, or insurance representative.
4    (h) "Maintenance" means a determination that an
5extinguisher will operate effectively and safely. It includes
6a thorough examination and any necessary repair or
7replacement. It also includes checking the date of manufacture
8or last hydrostatic test to see if internal inspection of the
9cylinder or hydrostatic testing is necessary, and checking for
10cuts, bulges, dents, abrasions, corrosion, condition of paint,
11shell hanger attachment, maintenance of nameplate, weight of
12contents, pressure gauge, valve, removal of pull pin,
13discharge nozzle, hose assembly, and operating instructions.
14    (i) "NAFED" means the National Association of Fire
15Equipment Distributors located in Chicago, Illinois.
16    (j) "ICC" means the International Code Council.
17(Source: P.A. 96-1499, eff. 1-18-11; 97-979, eff. 8-17-12.)
 
18    (225 ILCS 217/10)
19    (Section scheduled to be repealed on January 1, 2023)
20    Sec. 10. License requirement; injunction; cease and desist
21order.
22    (a) No person shall act as a fire equipment distributor or
23employee, or advertise or assume to act as such, or use any
24title implying that such person is engaged in such practice or
25occupation unless licensed by the State Fire Marshal.

 

 

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1    No firm, association, or corporation shall act as an
2agency licensed under this Act, or advertise or assume to act
3as such, or use any title implying that the firm, association,
4or corporation is engaged in such practice, unless licensed by
5the State Fire Marshal.
6    (b) The State Fire Marshal, in the name of the People and
7through the Attorney General, the State's Attorney of any
8county, any interested resident of the State, or any
9interested legal entity within the State, may petition the
10court with appropriate jurisdiction for an order seeking
11injunctive relief to enjoin from practicing a licensed
12activity in violation of this Act any person, firm,
13association, or corporation who has not been issued a license,
14or whose license has been suspended, revoked, or not renewed.
15If any person, firm, association, or corporation holds itself
16out as being a licensee under this Act and is not licensed to
17do so, then any licensee, interested party, or any person
18injured thereby may petition for relief as provided in this
19Section. Upon the filing of a verified complaint, a copy shall
20be served upon the defendant and the proceedings shall
21thereafter be conducted as in other civil cases. The court
22with appropriate jurisdiction may issue a temporary
23restraining order without notice or bond. If it is established
24that the defendant has been or is practicing in violation of
25this Act, the court may enter a judgment permanently enjoining
26the defendant from such further activity. In case of violation

 

 

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1of any injunctive order or judgment entered under the
2provisions of this Section, the court may summarily try and
3punish the offender for contempt of court. Such injunctive
4proceeding shall be in addition to all penalties and other
5remedies in this Act.
6    (c) The Office may issue a cease and desist order to any
7licensee or other person doing business without the required
8license, when, in the opinion of the Office, the licensee or
9other person is violating or is about to violate any provision
10of this Act or any rule or requirement imposed in writing by
11the Office. The cease and desist order shall specify the
12activity or activities that the Office is seeking the licensee
13or other person doing business without the required license to
14cease and desist.
15    The cease and desist order permitted by this Section may
16be issued prior to a hearing.
17    The Office shall serve a notice of the Office's action,
18including, but not limited to, a statement of reasons for the
19action, either personally or by certified mail, and a return
20receipt requested. Service by certified mail shall be deemed
21completed (i) when the notice is deposited in the United
22States mail, received, or delivery is refused or (ii) one
23business day after the United States Postal Service has
24attempted delivery, whichever is earlier.
25    Within 10 days after service of a cease and desist order,
26the licensee or other person may request, in writing, a

 

 

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1hearing. The Office shall schedule a hearing within 30 days
2after the request for a hearing unless otherwise agreed to by
3the parties.
4    If it is determined that the Office has the authority to
5issue the cease and desist order, the Office may issue the
6order as reasonably necessary to correct, eliminate, or remedy
7the conduct.
8    Any person in violation of a cease and desist order
9entered by the State Fire Marshal shall be subject to all of
10the remedies provided by law and, in addition, shall be
11subject to a civil penalty payable to the party injured by the
12violation.
13    The powers vested in the Office by this Section are
14additional to any and all other powers and remedies vested in
15the Office by law, and nothing in this Section shall be
16construed as requiring the Office to employ the power
17conferred in this Section instead of or as a condition
18precedent to the exercise of any other power or remedy vested
19in the Office.
20    The licensee, or other person doing business without the
21required license, shall pay the actual costs of the hearing.
22    Whenever, in the opinion of the State Fire Marshal, a
23person, firm, association, or corporation violates any
24provision of this Act, the State Fire Marshal may issue an
25order to show cause why an order to cease and desist should not
26be entered against that person, firm, association, or

 

 

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1corporation. The order shall clearly set forth the grounds
2relied upon by the State Fire Marshal and shall allow the
3person, firm, association, or corporation at least 7 days
4after the date of the order to file an answer satisfactory to
5the State Fire Marshal. A failure to answer an order to show
6cause to the satisfaction of the State Fire Marshal shall
7result in the issuance of an order to cease and desist.
8    (d) The State Fire Marshal may refuse to issue a license
9to, or may suspend the license of, any person or business
10entity that is not in good standing with the Department of
11Revenue until the person or business entity is in good
12standing with the Department of Revenue who fails to file a
13return, to pay the tax, penalty, or interest shown in a filed
14return, or to pay any final assessment of tax, penalty, or
15interest, as required by any tax Act administered by the
16Illinois Department of Revenue, until such time as the
17requirements of any such tax Act are satisfied.
18(Source: P.A. 96-1499, eff. 1-18-11; 97-979, eff. 8-17-12.)
 
19    (225 ILCS 217/14 new)
20    Sec. 14. Home rule. A home rule unit may not regulate the
21service of fire equipment in a manner less restrictive than
22the regulation by the State on the service of fire equipment
23under this Act. This Section is a limitation under subsection
24(i) of Section 6 of Article VII of the Illinois Constitution on
25the concurrent exercise by home rule units of powers and

 

 

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1functions exercised by the State.
 
2    (225 ILCS 217/20)
3    (Section scheduled to be repealed on January 1, 2023)
4    Sec. 20. Deposit of fees and fines. All fees and fines
5collected under this Act shall be deposited into the Fire
6Prevention Fund.
7(Source: P.A. 96-1499, eff. 1-18-11.)
 
8    (225 ILCS 217/30)
9    (Section scheduled to be repealed on January 1, 2023)
10    Sec. 30. Rules; report.
11    (a) The State Fire Marshal shall adopt rules consistent
12with the provisions of this Act for the administration and
13enforcement thereof, and may prescribe forms that shall be
14issued in connection therewith. The rules shall include
15standards and criteria for registration, professional conduct,
16and discipline. The Office may, by rule, establish fees,
17including, but not limited to, license fees, reinstatement
18fees, and processing fees.
19    (b) (Blank).
20    (c) (Blank).
21    (d) In the adopting of rules relating to fire equipment
22distributors and employees, the State Fire Marshal shall be
23guided by the national fire safety standards and codes and
24fire equipment and facility standards and code, including, but

 

 

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1not limited to, those adopted by the National Fire Protection
2Association and the National Association of Fire Equipment
3Distributors.
4    (e) In the adopting of rules relating to the maintenance
5and operation of hydrostatic testing equipment and tools for
6all fire equipment distributors and employees, the State Fire
7Marshal shall be guided by the requirements of the United
8States Department of Transportation as set forth in Section
9173.34(e)(1) of Title 49 of Code of Federal Regulations.
10    (f) The State Fire Marshal shall by rule establish
11procedures for a candidate an applicant for any class fire
12equipment employee license to work for a licensed fire
13equipment distributor for training.
14    (g) The rules adopted by the Office of the State Fire
15Marshal under the Fire Equipment Distributor and Employee
16Regulation Act of 2000 shall remain in effect until such time
17as the Office of the State Fire Marshal adopts rules under this
18Act.
19    (h) (Blank).
20    (i) Unless the Office adopts rules to the contrary,
21licenses issued before July 1, 2023 shall be valid for a period
22of one year and licenses issued on or after July 1, 2023 shall
23be valid for a period of 3 years.
24(Source: P.A. 96-1499, eff. 1-18-11; 97-979, eff. 8-17-12.)
 
25    (225 ILCS 217/40)

 

 

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1    (Section scheduled to be repealed on January 1, 2023)
2    Sec. 40. Qualifications for licensure; fees.
3    (a) No person shall engage in practice as a fire equipment
4distributor or fire equipment employee without first applying
5for and obtaining a license for that purpose from the Office of
6the State Fire Marshal.
7    (b) To qualify for a Class A Fire Equipment Distributor
8License to service, recharge, hydro-test, install, maintain,
9or inspect all types of fire extinguishers, an applicant shall
10employ a currently licensed Class 1 Fire Equipment Employee
11and must provide all of the following:
12        (1) A An annual license fee as determined by rule of
13    $100.
14        (2) Evidence of current registration as an Illinois
15    corporation or other business entity and, when applicable,
16    evidence of compliance with the Assumed Business Name Act
17    and a current list of officers.
18        (3) Evidence of financial responsibility in a minimum
19    amount of $1,000,000 $300,000 through liability insurance,
20    self-insurance, group insurance, group self-insurance, or
21    risk retention groups.
22        (3.5) Evidence of workers' compensation insurance
23    covering its employees or approval as a self-insurer of
24    workers' compensation in accordance with the laws of this
25    State.
26        (4) Evidence of owning, leasing, renting, or having

 

 

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1    access to proper testing equipment that is in compliance
2    with the national standards adopted by the State Fire
3    Marshal for the maintenance and operation of testing tools
4    for use with all Class A fire equipment.
5    (c) To qualify for a Class B Fire Equipment Distributor
6License to service, recharge, hydro-test, install, maintain,
7or inspect all types of pre-engineered fire extinguishing
8systems, an applicant shall employ a currently licensed Class
92K Fire Equipment Employee or Class 2I Fire Equipment Employee
10and must provide all of the following:
11        (1) A An annual license fee as determined by rule of
12    $200.
13        (2) Evidence of current registration as an Illinois
14    corporation or other business entity and, when applicable,
15    evidence of compliance with the Assumed Business Name Act
16    and a current list of officers.
17        (3) Evidence of financial responsibility in a minimum
18    amount of $1,000,000 $300,000 through liability insurance,
19    self-insurance, group insurance, group self-insurance, or
20    risk retention groups.
21        (3.5) Evidence of workers' compensation insurance
22    covering its employees or approval as a self-insurer of
23    workers' compensation in accordance with the laws of this
24    State.
25        (4) Evidence of owning, leasing, renting, or having
26    access to proper testing equipment that is in compliance

 

 

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1    with the national standards adopted by the State Fire
2    Marshal for the maintenance and operation of testing tools
3    for use with all Class B fire equipment.
4    (d) To qualify for a Class C Fire Equipment Distributor
5License to service, repair, hydro-test, inspect, and engineer
6all types of engineered fire suppression systems, an applicant
7shall employ a currently licensed Class 3 Fire Equipment
8Employee and must provide all of the following:
9        (1) A An annual license fee as determined by rule of
10    $300.
11        (2) Evidence of current registration as an Illinois
12    corporation or other business entity and, when applicable,
13    evidence of compliance with the Assumed Business Name Act
14    and a current list of officers.
15        (3) Evidence of financial responsibility in a minimum
16    amount of $1,000,000 $300,000 through liability insurance,
17    self-insurance, group insurance, group self-insurance, or
18    risk retention groups.
19        (3.5) Evidence of workers' compensation insurance
20    covering its employees or approval as a self-insurer of
21    workers' compensation in accordance with the laws of this
22    State.
23        (4) Evidence of owning, leasing, renting, or having
24    access to proper testing equipment that is in compliance
25    with the national standards adopted by the State Fire
26    Marshal for the maintenance and operation of testing tools

 

 

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1    for use with all Class C fire equipment.
2    (e) To qualify for a Class 1 Fire Equipment Employee
3License to service, recharge, hydro-test, install, maintain,
4or inspect all types of fire extinguishers, a candidate shall
5an applicant must complete all of the following:
6        (1) Current certification by ICC or NAFED in Portable
7    Fire Extinguishers Pass the ICC/NAFED examination
8    administered by the ICC as a technician certified to
9    service a Portable Fire Extinguisher.
10        (2) Pay a an annual license fee as determined by rule
11    of $20.
12        (3) Provide a digital color photograph of sufficient
13    quality 2 copies of a current photograph at least 1" x 1"
14    in size. A candidate An applicant who is 21 years of age or
15    older seeking a religious exemption to this photograph
16    requirement shall furnish with the his or her application
17    an approved copy of United States Department of the
18    Treasury Internal Revenue Service Form 4029. Regardless of
19    age, a candidate an applicant seeking a religious
20    exemption to this photograph requirement shall submit
21    fingerprints in a form and manner prescribed by the State
22    Fire Marshal with the his or her application in lieu of a
23    photograph.
24        (4) Provide a copy of a valid government-issued photo
25    identification.
26    (f) To qualify for a Class 2I Fire Equipment Employee

 

 

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1License to service, recharge, hydro-test, install, maintain,
2or inspect all types of pre-engineered industrial fire
3extinguishing systems, a candidate shall an applicant must
4complete all of the following:
5        (1) Current certification by ICC or NAFED in Pass the
6    ICC/NAFED examination administered by the ICC as a
7    technician certified to service Pre-Engineered Industrial
8    Fire Suppression Systems.
9        (2) Pay a an annual license fee as determined by rule
10    of $20.
11        (3) Provide a digital color photograph of sufficient
12    quality 2 copies of a current photograph at least 1" x 1"
13    in size. A candidate An applicant who is 21 years of age or
14    older seeking a religious exemption to this photograph
15    requirement shall furnish with the his or her application
16    an approved copy of United States Department of the
17    Treasury Internal Revenue Service Form 4029. Regardless of
18    age, a candidate an applicant seeking a religious
19    exemption to this photograph requirement shall submit
20    fingerprints in a form and manner prescribed by the State
21    Fire Marshal with the his or her application in lieu of a
22    photograph.
23        (4) Provide a copy of a valid government-issued photo
24    identification.
25    (f-5) To qualify for a Class 2K Fire Equipment Employee
26License to service, recharge, hydro-test, install, maintain,

 

 

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1or inspect all types of pre-engineered kitchen fire
2extinguishing systems, a candidate shall an applicant must
3complete all of the following:
4        (1) Current certification by ICC or NAFED in Pass the
5    ICC/NAFED examination administered by the ICC as a
6    technician certified to service Pre-Engineered Kitchen
7    Fire Extinguishing Systems.
8        (2) Pay a license an annual fee as determined by rule
9    of $20.
10        (3) Provide a digital color photograph of sufficient
11    quality 2 copies of a current photograph at least 1" x 1"
12    in size. A candidate An applicant who is 21 years of age or
13    older seeking a religious exemption to this photograph
14    requirement shall furnish with the his or her application
15    an approved copy of United States Department of the
16    Treasury Internal Revenue Service Form 4029. Regardless of
17    age, a candidate an applicant seeking a religious
18    exemption to this photograph requirement shall submit
19    fingerprints in a form and manner prescribed by the State
20    Fire Marshal with the his or her application in lieu of a
21    photograph.
22        (4) Provide a copy of a valid government-issued photo
23    identification.
24    (g) To qualify for a Class 3 Fire Equipment Employee
25License to service, recharge, hydro-test, install, maintain,
26inspect, or engineer all types of engineered fire

 

 

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1extinguishing systems, a candidate shall an applicant must
2complete all of the following:
3        (1) Current certification by NAFED in Engineered Fire
4    Suppression Systems or current NICET Level III
5    certification in Special Hazards Systems Pass the
6    examination.
7        (2) Pay a an annual license fee as determined by rule
8    of $20.
9        (3) Provide a digital color photograph of sufficient
10    quality current photograph at least 1" x 1" in size. A
11    candidate An applicant who is 21 years of age or older
12    seeking a religious exemption to this photograph
13    requirement shall furnish with the his or her application
14    an approved copy of United States Department of the
15    Treasury Internal Revenue Service Form 4029. Regardless of
16    age, a candidate an applicant seeking a religious
17    exemption to this photograph requirement shall submit
18    fingerprints in a form and manner prescribed by the State
19    Fire Marshal with the his or her application in lieu of a
20    photograph.
21        (4) Provide a copy of a valid government-issued photo
22    identification.
23    (h) (Blank). All licenses issued under this Act shall
24remain in effect unless the licensee is otherwise notified by
25the Office of the State Fire Marshal.
26(Source: P.A. 97-979, eff. 8-17-12; 98-848, eff. 1-1-15.)
 

 

 

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1    (225 ILCS 217/45)
2    (Section scheduled to be repealed on January 1, 2023)
3    Sec. 45. Applications. Each application for a license to
4practice under this Act shall be in writing and signed by the
5applicant on forms provided by the State Fire Marshal. Each
6application for a fire equipment distributor license shall be
7signed by an authorized officer of the fire equipment
8distributor. Each application for an employee license shall be
9signed by an authorized officer of the fire equipment
10distributor and by the candidate for the employee license.
11(Source: P.A. 96-1499, eff. 1-18-11.)
 
12    (225 ILCS 217/60)
13    (Section scheduled to be repealed on January 1, 2023)
14    Sec. 60. Issuance of license; renewal.
15    (a) The Office State Fire Marshal shall, upon the
16applicant's satisfactory completion of the requirements
17authorized under this Act and upon receipt of the requisite
18fees, issue the appropriate license and certificate or wallet
19card, as applicable, showing the name and business location of
20the licensee, and the dates of issuance and expiration. For an
21employee license, the wallet card shall also contain a
22photograph of the licensee, unless the licensee has a
23religious exemption in accordance with Section 40. , and shall
24contain a photograph of the licensee provided to the State

 

 

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1Fire Marshal. An applicant who is 21 years of age or older
2seeking a religious exemption to the photograph required by
3this subsection shall furnish with his or her application an
4approved copy of United States Department of the Treasury
5Internal Revenue Service Form 4029. Regardless of age, an
6applicant seeking a religious exemption to this photograph
7requirement shall submit fingerprints in a form and manner
8prescribed by the State Fire Marshal with his or her
9application in lieu of a photograph.
10    (b) (Blank). Any license valid on December 31, 2010 under
11the Fire Equipment Distributor and Employee Regulation Act of
122000 shall be a valid license under this Act and expires when
13the valid license issued under the Fire Equipment Distributor
14and Employee Regulation Act of 2000 was scheduled to expire.
15    (c) An applicant for license renewal shall, at the time of
16renewal application, provide proof of qualifications for
17licensure under Section 40 for the respective license to the
18Office. Upon receipt of the requisite fees, the Office shall
19issue the license in accordance with subsection (a). Each
20licensee may apply for renewal of his license upon payment of
21fees, as set forth in this Act. The expiration date and renewal
22period for each license issued under this Act shall be set by
23rule. Failure to renew by within 60 days of the expiration date
24shall lapse the license. A lapsed license may not be renewed
25reinstated until a written application is filed, an applicant
26has demonstrated proof of qualifications for licensure, and

 

 

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1the renewal fee is paid, and a $50 reinstatement fee is paid.
2If not renewed, a license shall become inactive following 60
3days after the expiration date of the license. An inactive
4license may not be reinstated until a written application is
5filed, an applicant has demonstrated proof of qualifications
6for licensure, the renewal fee is paid, and the reinstatement
7fee is paid. A license may not be reinstated after one year
8from the expiration date of the license. Renewal and
9reinstatement fees shall be waived for persons who did not
10renew while on active duty in the military and who file for
11renewal or reinstatement restoration within one year after
12discharge from such service. A lapsed license may not be
13reinstated after 5 years have elapsed, except upon passing an
14examination to determine fitness to have the license restored
15and by paying the required fees.
16    (d) As a condition of renewal of a license, the State Fire
17Marshal may require the licensee to report information
18pertaining to the licensee's his practice which the State Fire
19Marshal determines to be in the interest of public safety.
20    (e) All fees paid under this Act are non-refundable. This
21shall not preclude the State Fire Marshal from refunding
22accidental overpayment of fees.
23(Source: P.A. 98-848, eff. 1-1-15.)
 
24    (225 ILCS 217/62 new)
25    Sec. 62. Notification of employment termination; automatic

 

 

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1suspension of license.
2    (a) When employment of an employee licensee is terminated,
3whether voluntary or involuntary, the fire equipment
4distributor shall notify the Office, in a manner prescribed by
5the Office, of the termination within 5 business days. The
6failure to timely notify the Office of the termination shall
7subject the fire equipment distributor to discipline under
8this Act. The license of any employee licensee whose
9employment with a fire equipment distributor is terminated
10shall automatically become inactive immediately upon the
11termination, and the individual shall not be authorized to
12practice until the individual holds a valid employee license.
13    (b) Beginning July 1, 2023, if a licensee fails to meet the
14requirements of Section 40, the license shall automatically be
15suspended. A license suspended under this Section may be
16reinstated upon meeting the requirements of Section 40,
17submission of a reinstatement application, and payment of a
18reinstatement fee.
 
19    (225 ILCS 217/65)
20    (Section scheduled to be repealed on January 1, 2023)
21    Sec. 65. Returned checks; notification of lapsed or
22inactive license. The Office may require that any Any person
23who on 2 or more occasions issues or delivers a check or other
24order to the Office State Fire Marshal that is not honored by
25the financial institution upon which it is drawn because of

 

 

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1insufficient funds on account shall pay to the State Fire
2Marshal, in addition to the amount owing upon the check or
3other order, a fee of $50. The State Fire Marshal shall notify
4the licensee whose license has lapsed or become inactive,
5within 30 days after the discovery by the State Fire Marshal
6that the licensee is practicing without a current license,
7that the individual, person, or distributor is acting as a
8fire equipment distributor or employee, as the case may be,
9without a license, and the amount due to the State Fire
10Marshal, which shall include the lapsed renewal fee,
11reinstatement fee, and all other fees required in order to
12renew or reinstate the license by this Section. If after the
13expiration of 30 days from the date of such notification, the
14licensee whose license has lapsed seeks a current license, he
15shall thereafter apply to the State Fire Marshal for
16reinstatement of the license and pay all fees due to the State
17Fire Marshal. The State Fire Marshal may establish a fee for
18the processing of an application for reinstatement of a
19license that allows the State Fire Marshal to pay all costs and
20expenses incident to the processing of this application. The
21State Fire Marshal may waive the fees due under this Section in
22individual cases where he finds that the fees would be
23unreasonable or unnecessarily burdensome.
24(Source: P.A. 96-1499, eff. 1-18-11.)
 
25    (225 ILCS 217/70)

 

 

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1    (Section scheduled to be repealed on January 1, 2023)
2    Sec. 70. Change of address; display of license; duplicate
3license or certificate.
4    (a) A licensee shall report a change in home or office
5address within 10 days of when it occurs.
6    (b) Each licensee shall prominently display the his or her
7license to practice at each place from which the practice is
8being performed. A fire equipment distributor licensee shall
9have a separate license for each business location within the
10State or outside the State if the business location is
11responsible for the performance of any applicable work under
12this Act performed within the State. If more than one location
13is used, branch office certificates shall be issued upon
14payment of the fees to be established by the State Fire
15Marshal. Each fire equipment employee shall carry on his or
16her person a wallet card issued by the State Fire Marshal.
17    (c) If a license or certificate is lost, a duplicate shall
18be issued upon payment of the required fee to be established by
19the State Fire Marshal. If a licensee wishes to change the name
20on the license his or her name, the State Fire Marshal shall
21issue a license in the new name upon satisfactory proof that
22such change was done in accordance with law and upon payment of
23the required fee as determined by rule.
24    (d) Each licensee shall permit the licensee's his or her
25facilities to be inspected by representatives of the State
26Fire Marshal.

 

 

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1(Source: P.A. 96-1499, eff. 1-18-11.)
 
2    (225 ILCS 217/75)
3    (Section scheduled to be repealed on January 1, 2023)
4    Sec. 75. Grounds for disciplinary sanctions. Licensees
5subject to this Act shall conduct their practice in accordance
6with this Act and with any rules adopted under this Act. The
7State Fire Marshal may refuse to issue or renew any license and
8it may suspend or revoke any license or may place on probation,
9censure, reprimand, or take other disciplinary action deemed
10appropriate by the State Fire Marshal and enumerated in this
11Act, including the imposition of fines not to exceed $5,000
12for each violation, with regard to any license issued under
13this Act for any one or more of the reasons enumerated in this
14Section. Any civil penalty assessed by the State Fire Marshal
15pursuant to this Act shall be paid within 60 days after the
16effective date of the order imposing the civil penalty. The
17order shall constitute a judgment and may be filed and
18executed in the same manner as any judgment from any court of
19record.
20    Grounds for discipline under this Act are:
21        (1) fraud or material deception in obtaining or
22    renewing of a license;
23        (2) professional incompetence as manifested by poor
24    standards of service;
25        (3) engaging in dishonorable, unethical, or

 

 

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1    unprofessional conduct of a character likely to deceive,
2    defraud, or harm the public in the course of professional
3    services or activities;
4        (4) conviction of any crime by a licensee that has a
5    substantial relationship to his or her practice or an
6    essential element of which is misstatement, fraud, or
7    dishonesty, or conviction in this or another state of any
8    crime that is a felony under the laws of Illinois or
9    conviction of a felony in a federal court, unless the
10    person demonstrates that he or she has been sufficiently
11    rehabilitated to warrant the public trust;
12        (5) performing any services in a grossly negligent
13    manner or permitting any of his or her licensed employees
14    to perform services in a grossly negligent manner,
15    regardless of whether actual damage or damages to the
16    public is established;
17        (6) (blank); habitual drunkenness or habitual
18    addiction to the use of morphine, cocaine, controlled
19    substances, or other habit-forming drugs;
20        (7) directly or indirectly willfully receiving
21    compensation for any professional services not actually
22    rendered;
23        (8) having disciplinary action taken against his or
24    her license in another state;
25        (9) making differential treatment against any person
26    to his or her detriment because of race, color, creed,

 

 

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1    sex, religion, or national origin;
2        (10) engaging in unprofessional conduct;
3        (11) engaging in false or misleading advertising;
4        (12) contracting or assisting unlicensed persons to
5    perform services for which a license is required under
6    this Act;
7        (13) permitting the use of his or her license to
8    enable any unlicensed person or agency to operate as a
9    licensee;
10        (14) performing and charging for services without
11    having authorization to do so from the member of the
12    public being served;
13        (15) failure to comply with any provision of this Act
14    or the rules adopted under this Act;
15        (16) conducting business regulated by this Act without
16    a currently valid license; and .
17        (17) engaging in any unethical or criminal activity
18    incidental to activities within the scope of licensure.
19(Source: P.A. 96-1499, eff. 1-18-11; 97-979, eff. 8-17-12.)
 
20    (225 ILCS 217/80)
21    (Section scheduled to be repealed on January 1, 2023)
22    Sec. 80. Complaints. All complaints concerning violations
23regarding licensees or unlicensed activity shall be received
24and logged by the State Fire Marshal and reported to the Board.
25(Source: P.A. 96-1499, eff. 1-18-11.)
 

 

 

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1    (225 ILCS 217/82)
2    (Section scheduled to be repealed on January 1, 2023)
3    Sec. 82. Investigations or records. The State Fire Marshal
4may investigate the actions or statements of any candidate or
5applicant or any person, firm, association, or corporation
6holding or claiming to hold a license under this Act. Before
7revoking, suspending, reprimanding, or taking any other
8disciplinary action permitted under this Act, the State Fire
9Marshal may issue a citation, refer the matter for
10prosecution, or institute formal charges as provided for in
11this Act.
12    All licensees under this Act shall maintain records of any
13service performed under this Act for a period of not less than
143 years. These records shall include, at minimum, the name and
15license number, if available, of any individual who performs
16service of fire equipment under this Act, the date of service,
17location of service, and class of fire equipment serviced.
18    A copy of all files, documents, records, data, or other
19information, including those that are electronically stored,
20relevant to the service of fire equipment under this Act or the
21activities of a licensee under this Act, shall be made
22available to the Office within 15 days of request by the
23Office, unless the Office agrees to an extension of that
24period.
25    The failure or refusal to make these records available

 

 

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1shall be grounds for disciplinary action.
2(Source: P.A. 97-979, eff. 8-17-12.)
 
3    (225 ILCS 217/83)
4    (Section scheduled to be repealed on January 1, 2023)
5    Sec. 83. Citations.
6    (a) The State Fire Marshal may adopt rules to permit the
7issuance of citations for certain violations of this Act or
8the rules adopted under this Act. The citation shall be issued
9to the licensee or other person doing business without the
10required license and shall contain the person's licensee's
11name and address, the licensee's license number, if
12applicable, a brief factual statement, the Sections of the law
13or rules allegedly violated, and the penalty imposed. The
14citation must clearly state that the person licensee may
15choose, in lieu of accepting the citation, to request a
16hearing to appeal on the date and at the place specified on the
17citation. The citation shall not provide a hearing date less
18than 30 days after the citation's issuance date. Any dispute
19filed by the person licensee with the State Fire Marshal shall
20comply with the requirements for a written answer set forth in
21subsection (a) of Section 85 of this Act. If the person
22licensee does not file a written appeal of dispute the
23citation with the State Fire Marshal within 20 days after the
24citation is served, then the citation shall become a final
25order and shall constitute discipline. The penalty shall be a

 

 

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1fine or other conditions as established by rule.
2    (b) The State Fire Marshal shall adopt rules designating
3violations for which a citation may be issued, which may
4specify separate hearing procedures for appeals of the
5citations so long as the hearing procedures are not
6inconsistent with the Illinois Administrative Procedure Act.
7Such rules shall identify citation violations for those
8violations for which there is, in the determination of the
9State Fire Marshal or his or her designee, no substantial
10threat to the public health, safety, or welfare. Citations
11shall not be utilized if, in the determination of the State
12Fire Marshal or his or her designee, significant consumer harm
13resulted from the violation.
14    (c) (Blank). A citation must be issued within 6 months
15after the State Fire Marshal became first aware of the facts
16forming the basis for the citation.
17    (d) Service of a citation may be made by personal service
18or certified mail to the licensee or other person doing
19business without the required license at the person's last
20known address licensee's address of record.
21(Source: P.A. 97-979, eff. 8-17-12.)
 
22    (225 ILCS 217/85)
23    (Section scheduled to be repealed on January 1, 2023)
24    Sec. 85. Formal charges.
25    (a) Before revoking, suspending, annulling, withdrawing,

 

 

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1amending materially, or refusing to renew any valid license,
2the State Fire Marshal shall file formal charges against the
3licensee. The formal charges shall, at a minimum, inform the
4licensee of the facts that make up the basis of the charge and
5that are specific enough to enable the licensee to defend
6himself.
7    (b) Each licensee whose conduct is the subject of a formal
8charge that seeks to impose disciplinary action against the
9licensee shall be served notice of said formal charge at least
1030 days before the date of the hearing, which shall be presided
11over by a hearing officer authorized by the State Fire
12Marshal. Service shall be considered to have been given if the
13notice was personally received by the licensee or if the
14notice was sent by certified mail, return receipt requested to
15the licensee at the licensee's last known address, as listed
16with the State Fire Marshal.
17    (c) The notice of formal charges shall consist at a
18minimum of the following information:
19        (1) the time, place, and date of the hearing;
20        (2) that the licensee shall appear personally at the
21    hearing and may be represented by counsel;
22        (3) that the licensee shall have the right to produce
23    witnesses and evidence on the licensee's in his behalf and
24    shall have the right to cross-examine witnesses and refute
25    evidence produced against the licensee him or her;
26        (4) that the hearing could result in disciplinary

 

 

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1    action being taken against the his or her license;
2        (5) that rules for the conduct of these hearings exist
3    and it may be in the licensee's best interest to obtain a
4    copy;
5        (6) that a hearing officer authorized by the State
6    Fire Marshal shall preside at the hearing and following
7    the conclusion of said hearing shall make findings of
8    fact, conclusions of law, and recommendations, separately
9    stated, to the State Fire Marshal as to what disciplinary
10    action, if any, should be imposed on the licensee;
11        (7) that the State Fire Marshal may continue such
12    hearing;
13        (8) that the licensee shall file a written answer to
14    the charges with the State Fire Marshal under oath within
15    20 days after service of the notice; and
16        (9) that if the accused fails to answer, a default
17    judgment shall be taken against him, her, or it, or that
18    his, her, or its license may be suspended, revoked, placed
19    on probationary status, or subject to other disciplinary
20    action as the State Fire Marshal deems proper, without a
21    hearing, if the act or acts charged constitute sufficient
22    grounds for such action under this Act.
23    (d) The hearing officer authorized by the State Fire
24Marshal shall hear evidence produced in support of the formal
25charges and contrary evidence produced by the licensee, if
26any. At the conclusion of the hearing, the hearing officer

 

 

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1shall make findings of fact, conclusions of law, and
2recommendations, separately stated, and submit them to the
3State Fire Marshal and to all parties to the proceeding.
4Submission to the licensee shall be considered as having been
5made if done in a similar fashion as service of the notice of
6formal charges. Within 20 days after such service, any party
7to the proceeding may present to the State Fire Marshal a
8motion, in writing, for a rehearing which written motion shall
9specify the particular grounds therefor.
10    (e) The State Fire Marshal, following the time allowed for
11filing a motion for rehearing, shall review the hearing
12officer's findings of fact, conclusions of law, and
13recommendations, and any motions filed subsequent thereto.
14After review of such information the State Fire Marshal may
15hear oral arguments and thereafter shall issue an order. The
16report of findings of fact, conclusions of law, and
17recommendations of the hearing officer shall be the basis for
18the State Fire Marshal's order. If the State Fire Marshal
19finds that substantial justice was not done, he or she may
20issue an order in contravention of the findings of fact,
21conclusions of law, and recommendations of the hearing
22officer. The finding is not admissible in evidence against the
23person in criminal prosecution brought for the violation of
24this Act, but the hearing and findings are not a bar to a
25criminal prosecution brought for the violation of this Act.
26    (f) All proceedings under this Section are matters of

 

 

HB1449 Enrolled- 34 -LRB102 03465 BMS 13478 b

1public record and shall be preserved.
2(Source: P.A. 96-1499, eff. 1-18-11; 97-979, eff. 8-17-12.)
 
3    (225 ILCS 217/90)
4    (Section scheduled to be repealed on January 1, 2023)
5    Sec. 90. Disciplinary sanctions; hearings.
6    (a) The State Fire Marshal shall impose any of the
7following sanctions, singly or in combination, when he or she
8finds that a licensee is guilty of any offense described in
9Section 75:
10        (1) revocation;
11        (2) suspension for any period of time;
12        (3) reprimand or censure;
13        (4) (blank); placement on probationary status and the
14    requirement of the submission of any of the following:
15            (i) report regularly to the Board or State Fire
16        Marshal upon matters that are the basis of the
17        probation;
18            (ii) continuation or renewal of professional
19        education until a satisfactory degree of skill has
20        been attained in those areas that are the basis of the
21        probation; or
22            (iii) such other reasonable requirements or
23        restrictions as are proper;
24        (5) refusal to issue, renew, or reinstate restore;
25        (6) (blank); or revocation of probation that has been

 

 

HB1449 Enrolled- 35 -LRB102 03465 BMS 13478 b

1    granted and imposition of any other discipline in this
2    subsection (a) when the requirements of probation have not
3    been fulfilled or have been violated; or
4        (7) imposition of a fine not to exceed $5,000 for each
5    violation of this Act or the rules adopted under this Act.
6    (b) The State Fire Marshal may summarily suspend a license
7under this Act, without a hearing, simultaneously with the
8filing of a formal complaint and notice for a hearing provided
9under this Section if the State Fire Marshal finds that the
10continued operations of the individual would constitute an
11immediate danger to the public. In the event the State Fire
12Marshal suspends a license under this subsection, a hearing by
13the hearing officer designated by the State Fire Marshal shall
14begin within 20 days after such suspension begins, unless
15continued at the request of the licensee.
16    (c) Disposition may be made of any formal complaint by
17consent order between the State Fire Marshal and the licensee.
18    (d) The State Fire Marshal shall reinstate any license to
19good standing under this Act, upon recommendation to the State
20Fire Marshal, after a hearing before the hearing officer
21authorized by the State Fire Marshal. The State Fire Marshal
22shall be satisfied that the applicant's renewed practice is
23not contrary to the public interest.
24    (e) (Blank). The State Fire Marshal may order a licensee
25to submit to a reasonable physical examination if his or her
26physical capacity to practice safely is at issue in a

 

 

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1disciplinary proceeding. Failure to comply with a State Fire
2Marshal order to submit to a physical examination shall render
3a licensee liable to the summary suspension procedures
4described in this Section.
5    (f) (Blank). The State Fire Marshal may conduct hearings
6and issue cease and desist orders to persons who engage in
7activities prohibited by this Act without having a valid
8license, certificate, or registration. Any person in violation
9of a cease and desist order entered by the State Fire Marshal
10shall be subject to all of the remedies provided by law, and in
11addition, shall be subject to a civil penalty payable to the
12party injured by the violation.
13    (g) The State Fire Marshal shall seek to achieve
14consistency in the application of the foregoing sanctions and
15consent orders and significant departure from prior decisions
16involving similar conduct shall be explained in the State Fire
17Marshal's orders.
18(Source: P.A. 96-1499, eff. 1-18-11; 97-979, eff. 8-17-12.)
 
19    (225 ILCS 217/115)
20    (Section scheduled to be repealed on January 1, 2023)
21    Sec. 115. Publication of records. The State Fire Marshal
22shall, upon request, publish a list of the names and addresses
23of all fire equipment distributor licensees and the names of
24all fire equipment employee licensees under the provisions of
25this Act. The State Fire Marshal shall publish a list of all

 

 

HB1449 Enrolled- 37 -LRB102 03465 BMS 13478 b

1persons whose licenses have been disciplined within one year,
2and a quarterly list of each individual who was denied
3employment status because of a criminal history, together with
4such other information as it may deem of interest to the
5public.
6(Source: P.A. 96-1499, eff. 1-18-11.)
 
7    Section 15. The Elevator Safety and Regulation Act is
8amended by changing Sections 10, 15, 25, 35, 95, and 140 as
9follows:
 
10    (225 ILCS 312/10)
11    (Section scheduled to be repealed on January 1, 2023)
12    Sec. 10. Applicability.
13    (a) This Act covers the construction, operation,
14inspection, testing, maintenance, alteration, and repair of
15the following equipment, its associated parts, and its
16hoistways (except as modified by subsection (c) of this
17Section):
18        (1) Hoisting and lowering mechanisms equipped with a
19    car or platform, which move between 2 or more landings.
20    This equipment includes, but is not limited to, the
21    following (also see ASME A17.1, ASME A17.3, and ASME
22    A18.1):
23            (A) Elevators.
24            (B) Platform lifts and stairway chair lifts.

 

 

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1        (2) Power driven stairways and walkways for carrying
2    persons between landings. This equipment includes, but is
3    not limited to, the following (also see ASME A17.1 and
4    ASME A17.3):
5            (A) Escalators.
6            (B) Moving walks.
7        (3) Hoisting and lowering mechanisms equipped with a
8    car, which serves 2 or more landings and is restricted to
9    the carrying of material by its limited size or limited
10    access to the car. This equipment includes, but is not
11    limited to, the following (also see ASME A17.1 and ASME
12    A17.3):
13            (A) Dumbwaiters.
14            (B) Material lifts and dumbwaiters with automatic
15        transfer devices.
16    (b) This Act covers the construction, operation,
17inspection, maintenance, alteration, and repair of automatic
18guided transit vehicles on guideways with an exclusive
19right-of-way. This equipment includes, but is not limited to,
20automated people movers (also see ASCE 21).
21    (c) This Act does not apply to the following equipment:
22        (1) Material hoists within the scope of ANSI A10.5.
23        (2) Manlifts within the scope of ASME A90.1.
24        (3) Mobile scaffolds, towers, and platforms within the
25    scope of ANSI A92.
26        (4) Powered platforms and equipment for exterior and

 

 

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1    interior maintenance within the scope of ANSI 120.1.
2        (5) Conveyors and related equipment within the scope
3    of ASME B20.1.
4        (6) Cranes, derricks, hoists, hooks, jacks, and slings
5    within the scope of ASME B30.
6        (7) Industrial trucks within the scope of ASME B56.
7        (8) Portable equipment, except for portable escalators
8    that are covered by ANSI A17.1.
9        (9) Tiering or piling machines used to move materials
10    to and from storage located and operating entirely within
11    one story.
12        (10) Equipment for feeding or positioning materials at
13    machine tools, printing presses, etc.
14        (11) Skip or furnace hoists.
15        (12) Wharf ramps.
16        (13) Railroad car lifts or dumpers.
17        (14) Line jacks, false cars, shafters, moving
18    platforms, and similar equipment used for installing an
19    elevator by a contractor licensed in this State.
20        (15) (Blank).
21        (16) Conveyances located in a private residence not
22    accessible to the public.
23        (17) Special purpose personnel elevators within the
24    scope of ASME A17.1 and used only by authorized personnel.
25        (18) Personnel hoists within the scope of ANSI A10.4.
26        (19) Wind turbine tower elevators within the scope of

 

 

HB1449 Enrolled- 40 -LRB102 03465 BMS 13478 b

1    ASME A17.8.
2    (d) This Act does not apply to a municipality with a
3population over 500,000 with the exception of any State-owned
4building within such municipality.
5(Source: P.A. 95-573, eff. 8-31-07; 96-54, eff. 7-23-09;
696-342, eff. 8-11-09; 96-1000, eff. 7-2-10.)
 
7    (225 ILCS 312/15)
8    (Section scheduled to be repealed on January 1, 2023)
9    Sec. 15. Definitions. For the purpose of this Act:
10    "Administrator" means the Office of the State Fire
11Marshal.
12    "Alteration" means any change to equipment, including its
13parts, components, or subsystems, other than maintenance,
14repair, or replacement of the equipment, including its parts,
15components, or subsystems.
16    "ANSI A10.4" means the safety requirements for personnel
17hoists, an American National Standard.
18    "ASCE 21" means the American Society of Civil Engineers
19Automated People Mover Standards.
20    "ASME A17.1" means the Safety Code for Elevators and
21Escalators, an American National Standard, and CSA B44, the
22National Standard of Canada.
23    "ASME A17.3" means the Safety Code for Existing Elevators
24and Escalators, an American National Standard.
25    "ASME A17.7" means the Performance-Based Safety Code for

 

 

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1Elevators and Escalators, an American National Standard, and
2CSA B44.7, the National Standard of Canada.
3    "ASME A18.1" means the Safety Standard for Platform Lifts
4and Stairway Chairlifts, an American National Standard.
5    "Automated people mover" means an installation as defined
6as an "automated people mover" in ASCE 21.
7    "Board" means the Elevator Safety Review Board.
8    "Certificate of operation" means a certificate issued by
9the Administrator or the Local Administrator that indicates
10that the conveyance: has passed the required safety inspection
11and tests; has been registered; and fees have been paid as set
12forth in this Act.
13    "Conveyance" means any elevator, dumbwaiter, escalator,
14moving sidewalk, platform lifts, stairway chairlifts and
15automated people movers.
16    "Elevator" means an installation defined as an "elevator"
17in ASME A17.1.
18    "Elevator contractor" means any person, firm, or
19corporation who possesses an elevator contractor's license in
20accordance with the provisions of Sections 40 and 55 of this
21Act and who is engaged in the business of erecting,
22constructing, installing, altering, servicing, repairing, or
23maintaining elevators or related conveyance covered by this
24Act.
25    "Elevator contractor's license" means a license issued to
26an elevator contractor who has proven his or her

 

 

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1qualifications and ability and has been authorized by the
2Administrator to work on conveyance equipment. It shall
3entitle the holder thereof to engage in the business of
4constructing, installing, altering, servicing, testing,
5repairing, or maintaining and performing electrical work on
6elevators or related conveyances covered by this Act within
7any building or structure, including, but not limited to,
8private residences. The Administrator may issue a limited
9elevator contractor's license authorizing a firm or company
10that employs individuals to carry on a business of erecting,
11constructing, installing, altering, servicing, repairing, or
12maintaining a specific type of conveyance within any building
13or structure, excluding private residences.
14    "Elevator helper" means an individual registered with the
15Administrator who works under the general direction of a
16licensed elevator mechanic. Licensure is not required for an
17elevator helper.
18    "Elevator industry apprentice" means an individual who is
19enrolled in an apprenticeship program approved by the Bureau
20of Apprenticeship and Training of the U.S. Department of Labor
21and who is registered by the Administrator and works under the
22general direction of a licensed elevator mechanic. Licensure
23is not required for an elevator industry apprentice.
24    "Elevator inspector" means any inspector, as that term is
25defined in ASME QEI, who possesses an elevator inspector's
26license in accordance with the provisions of this Act.

 

 

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1    "Elevator mechanic" means any person who possesses an
2elevator mechanic's license in accordance with the provisions
3of Sections 40 and 45 of this Act and who is engaged in
4erecting, constructing, installing, altering, servicing,
5repairing, or maintaining elevators or related conveyance
6covered by this Act.
7    "Elevator mechanic's license" means a license issued to a
8person who has proven his or her qualifications and ability
9and has been authorized by the Administrator to work on
10conveyance equipment. It shall entitle the holder thereof to
11install, construct, alter, service, repair, test, maintain,
12and perform electrical work on elevators or related conveyance
13covered by this Act. The Administrator may issue a limited
14elevator mechanic's license authorizing an individual to carry
15on a business of erecting, constructing, installing, altering,
16servicing, repairing, or maintaining a specific type of
17conveyance within any building or structure.
18    "Escalator" means an installation defined as an
19"escalator" in ASME A17.1.
20    "Existing installation" means an installation defined as
21an "installation, existing" in ASME A17.1.
22    "Inspector's license" or "inspection company license"
23means a license issued to an ASME QEI certified elevator
24inspector or inspection company that has proven the
25inspector's or the company's qualifications and ability and
26has been authorized by the Administrator to possess this type

 

 

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1of license. It shall entitle the holder thereof to engage in
2the business of inspecting elevators or related conveyance
3covered by this Act.
4    "License" means a written license, duly issued by the
5Administrator, authorizing a person, firm, or company to carry
6on the business of erecting, constructing, installing,
7altering, servicing, repairing, maintaining, or performing
8inspections of elevators or related conveyance covered by this
9Act. New and renewed licenses issued after January 1, 2010
10will include a photo of the licensee.
11    "Local Administrator" means the municipality or
12municipalities or county or counties that entered into a local
13elevator agreement with the Administrator to operate its own
14elevator safety program in accordance with this Act and the
15adopted administrative rules.
16    "Material alteration" means an "alteration", as defined in
17the referenced standards.
18    "Moving walk" means an installation defined as a "moving
19walk" in ASME A17.1.
20    "Owner" means the owner of the conveyance, which could be
21an individual, a group of individuals, an association, trust,
22partnership, corporation, or person doing business under an
23assumed name. The owner may delegate his, her, or its
24authority to manage the day-to-day operations of the
25conveyance to another party, but may not delegate his, her, or
26its responsibilities and duties under this Act and the

 

 

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1administrative rules.
2    "Private residence" means a separate dwelling or a
3separate apartment or condominium unit in a multiple-family
4dwelling that is occupied by members of a single-family unit.
5    "Repair" has the meaning set forth in the referenced
6standards. "Repair" does not require a permit.
7    "Temporarily dormant" means an elevator, dumbwaiter, or
8escalator:
9        (1) with a power supply that has been disconnected by
10    removing fuses and placing a padlock on the mainline
11    disconnect switch in the "off" position;
12        (2) with a car that is parked and hoistway doors that
13    are in the closed and latched position;
14        (3) with a wire seal on the mainline disconnect switch
15    installed by a licensed elevator inspector;
16        (4) that shall not be used again until it has been put
17    in safe running order and is in condition for use;
18        (5) requiring annual inspections for the duration of
19    the temporarily dormant status by a licensed elevator
20    inspector;
21        (6) that has a "temporarily dormant" status that is
22    renewable on an annual basis, not to exceed a 5-year
23    period;
24        (7) requiring the inspector to file a report with the
25    Administrator describing the current conditions; and
26        (8) with a wire seal and padlock that shall not be

 

 

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1    removed for any purpose without permission from the
2    elevator inspector.
3    "Temporary certificate of operation" means a temporary
4certificate of operation issued by the Administrator or the
5Local Administrator that permits the temporary use of a
6non-compliant conveyance by the general public for a limited
7time of 30 days while minor repairs are being completed.
8    All other building transportation terms are as defined in
9the latest edition of ASME A17.1 and ASME A18.1.
10    "Temporary limited authority" means an authorization
11issued, for a period not to exceed one year, by the
12Administrator to an individual that the Administrator deems
13qualified to perform work on a specific type of conveyance.
14(Source: P.A. 99-22, eff. 1-1-16.)
 
15    (225 ILCS 312/25)
16    (Section scheduled to be repealed on January 1, 2023)
17    Sec. 25. Elevator Safety Review Board.
18    (a) There is hereby created within the Office of the State
19Fire Marshal the Elevator Safety Review Board, consisting of
2017 members. The Administrator shall appoint 3 members who
21shall be representatives of fire service communities. The
22Governor shall appoint the remaining 14 members of the Board
23as follows: one representative from a major elevator
24manufacturing company or its authorized representative; one
25representative from an elevator servicing company; one

 

 

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1representative of the architectural design profession; one
2representative of the general public; one representative of an
3advocacy group for people with physical disabilities; one
4representative of an advocacy group for senior citizens; one
5representative nominated by a municipality in this State with
6a population under 25,000; one representative nominated by a
7municipality in this State with a population of 25,000 or over
8but under 50,000; one representative nominated by a
9municipality in this State with a population of 50,000 or over
10but under 500,000; one representative of an advocacy group for
11condominium owners; one representative of an institution of
12higher education that operates an in-house elevator
13maintenance program; one representative of a building owner or
14manager; and 2 representatives of labor, one from Cook County
15and one from a county in the State other than Cook County,
16involved in the installation, maintenance, and repair of
17elevators.
18    (b) The members constituting the Board shall be appointed
19for initial terms as follows:
20        (1) Of the members appointed by the Administrator, 2
21    shall serve for a term of 2 years, and one for a term of 4
22    years.
23        (2) Of the members appointed by the Governor, 2 shall
24    serve for a term of one year, 2 for terms of 2 years, 2 for
25    terms of 3 years, and 4 for terms of 4 years. The
26    representative of the advocacy group for senior citizens

 

 

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1    shall serve an initial term of 4 years. The representative
2    of an advocacy group for condominium owners, the
3    representative of the institution of higher education that
4    operates an in-house elevator maintenance program, and
5    both representatives of labor involved in the
6    installation, maintenance, and repair of elevators shall
7    serve an initial term of 4 years.
8    At the expiration of their initial terms of office, the
9members or their successors shall be appointed for terms of 4
10years each. Upon the expiration of a member's term of office,
11the officer who appointed that member shall reappoint that
12member or appoint a successor who is a representative of the
13same interests with which his or her predecessor was
14identified. A member shall serve until his or her successor is
15appointed and qualified. The Administrator and the Governor
16may at any time remove any of their respective appointees for
17inefficiency or neglect of duty in office. Upon the death or
18incapacity of a member, the officer who appointed that member
19shall fill the vacancy for the remainder of the vacated term by
20appointing a member who is a representative of the same
21interests with which his or her predecessor was identified.
22The members shall serve without salary, but shall receive from
23the State expenses necessarily incurred by them in performance
24of their duties. The Governor shall appoint one of the members
25to serve as chairperson. The chairperson shall be the deciding
26vote in the event of a tie vote.

 

 

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1    Nine Board members shall constitute a quorum. A quorum is
2required for all Board decisions.
3(Source: P.A. 95-573, eff. 8-31-07; 96-54, eff. 7-23-09.)
 
4    (225 ILCS 312/35)
5    (Section scheduled to be repealed on January 1, 2023)
6    Sec. 35. Powers and duties of the Board and Administrator.
7    (a) The Board shall consult with engineering authorities
8and organizations and adopt rules consistent with the
9provisions of this Act for the administration and enforcement
10of this Act. The Board may prescribe forms to be issued in
11connection with the administration and enforcement of this
12Act. The rules shall establish standards and criteria
13consistent with this Act for licensing of elevator mechanics,
14inspectors, and installers of elevators, including the
15provisions of the Safety Code for Elevators and Escalators
16(ASME A17.1), the provisions of the Performance-Based Safety
17Code for Elevators and Escalators (ASME A17.7), the Standard
18for the Qualification of Elevator Inspectors (ASME QEI-1), the
19Automated People Mover Standards (ASCE 21), the Safety
20Requirements for Personnel Hoists and Employee Elevators (ANSI
21A10.4), and the Safety Standard for Platform Lifts and
22Stairway Chairlifts (ASME A18.1). The Board shall adopt or
23amend and adopt the latest editions of the standards
24referenced in this subsection within 12 months after the
25effective date of the standards.

 

 

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1    The Board shall make determinations authorized by this Act
2regarding variances, interpretations, and the installation of
3new technology. Such determinations shall have a binding
4precedential effect throughout the State regarding equipment,
5structure, or the enforcement of codes unless limited by the
6Board to the fact-specific issues.
7    (b) The Administrator or Local Administrator shall have
8the authority to grant exceptions and variances from the
9literal requirements of applicable State codes, standards, and
10regulations in cases where such variances would not jeopardize
11the public safety and welfare. The Administrator has the right
12to review and object to any exceptions or variances granted by
13the Local Administrator. The Board shall have the authority to
14hear appeals, for any denial by the Local Administrator or for
15any denial or objection by the Administrator. The Board shall
16hold hearings, and decide upon such within 30 days of the
17appeal.
18    (c) The Board shall establish fee schedules for licenses,
19and registrations issued by the Administrator. The Board shall
20also establish fee schedules for permits and certificates for
21conveyances not under a Local Administrator. The fees shall be
22set at an amount necessary to cover the actual costs and
23expenses to operate the Board and to conduct the duties as
24described in this Act.
25    (d) The Board shall be authorized to recommend the
26amendments of applicable legislation, when appropriate, to

 

 

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1legislators.
2    (e) The Administrator may solicit the advice and expert
3knowledge of the Board on any matter relating to the
4administration and enforcement of this Act.
5    (f) The Administrator may employ professional, technical,
6investigative, or clerical help, on either a full-time or
7part-time basis, as may be necessary for the enforcement of
8this Act.
9    (g) (Blank).
10    (h) Notwithstanding anything else in this Section, the
11following upgrade requirements of the 2007 edition of the
12Safety Code for Elevators and Escalators (ASME A17.1) and the
132005 edition of the Safety Code for Existing Elevators (ASME
14A17.3) must be completed by January 1, 2015, but the
15Administrator or Local Administrator may not require their
16completion prior to January 1, 2013:
17        (i) (blank);
18        (ii) car illumination;
19        (iii) emergency operation and signaling devices;
20        (iv) phase reversal and failure protection;
21        (v) reopening device for power operated doors or
22    gates;
23        (vi) stop switch pits; and
24        (vii) pit ladder installation in accordance with
25    Section 2.2.4.2 of ASME A17.1-2007.
26    (h-5) Notwithstanding anything else in this Section, the

 

 

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1upgrade requirements for the restricted opening of hoistway
2doors or car doors on passenger elevators as provided for in
3the 2007 edition of the Safety Code for Elevators and
4Escalators (ASME A17.1) and the 2005 edition of the Safety
5Code for Existing Elevators (ASME A17.3) must be completed by
6January 1, 2014.
7    (i) In the event that a conveyance regulated by this Act is
8altered, the alteration shall comply with the edition of ASME
9A17.1 currently adopted by the Board. Notwithstanding anything
10else in this Section, the firefighter's emergency operation,
11and the hydraulic elevator cylinder or cylinders, including
12the associated safety devices outlined in Section 4.3.3(b) of
13ASME A17.3-2005, are not required to comply with the edition
14of ASME A17.1 currently adopted by the Board be upgraded
15unless: (1) there is an alteration of the controller affecting
16operation control, motion control, or combination of the 2
17types of control, (1.1) the operation control, motion control,
18or combination of the 2 types of control are replaced, (1.2)
19there is an alteration to the hydraulic cylinder, (2) the
20equipment fails, or (3) failing to replace the equipment
21jeopardizes the public safety and welfare as determined by the
22Local Administrator or the Board.
23    (j) The Administrator may choose to require the inspection
24of any conveyance to be performed by its own inspectors or by
25third-party licensed inspectors employed by the Administrator.
26    (k) The Board shall prescribe an inspection form, which

 

 

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1shall be the only inspection form used by a licensed inspector
2in the inspection of a conveyance under this Act.
3(Source: P.A. 99-22, eff. 1-1-16.)
 
4    (225 ILCS 312/95)
5    (Section scheduled to be repealed on January 1, 2023)
6    Sec. 95. New installations; annual inspections and
7registrations.
8    (a) All new conveyance installations regulated by this Act
9shall be performed by a person, firm, or company to which a
10license to install or service conveyances has been issued.
11Subsequent to installation, the licensed person, firm, or
12company must certify compliance with the applicable Sections
13of this Act. Prior to any conveyance being used, the property
14owner or lessee must obtain a certificate of operation from
15the Administrator or Local Administrator, except that the
16conveyance may be used by the public for up to 30 days after
17the initial passed acceptance inspection while the property
18owner or lessee is in the process of obtaining an initial
19certificate of operation. A fee as authorized by Section 35 of
20this Act or as set by the Local Administrator shall be paid for
21the certificate of operation. It shall be the responsibility
22of the owner to complete and submit first time registration
23for new installations and to pay the fee for registration,
24prior to the issuance of the initial certificate of operation.
25    (b) (Blank).

 

 

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1    (c) A certificate of operation is renewable annually,
2except that a certificate of operation is renewable every 3
3years for a conveyance (i) that is located in a building owned
4and occupied by any church, synagogue, or other building,
5structure, or place used primarily for religious worship and
6is the only conveyance in the building, (ii) that is under the
7jurisdiction of the Administrator, (iii) that is limited in
8use to 2 levels, and (iv) for which the church, synagogue, or
9other building, structure, or place used primarily for
10religious worship has an annual maintenance examination that
11includes the applicable category tests. For these occupancies,
12on-site witnessing of the category test shall be witnessed
13every 3 years. Records of the applicable maintenance checks
14and elevator category test results shall be maintained on-site
15by the building owner. The certificates of operation or copy
16thereof, must be clearly displayed in the conveyance for the
17benefit of code enforcement staff.
18(Source: P.A. 96-54, eff. 7-23-09; 97-310, eff. 8-11-11.)
 
19    (225 ILCS 312/140)
20    (Section scheduled to be repealed on January 1, 2023)
21    Sec. 140. Local Administrator; home rule.
22    (a) The Administrator may enter into a local elevator
23agreement with municipalities or counties under which the
24Local Administrator shall (i) issue construction permits and
25certificates of operation, (ii) provide for inspection of

 

 

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1elevators, including temporary operation inspections, (iii)
2grant exceptions and variances from the literal requirements
3of applicable State codes, standards, and regulations in cases
4where such variances would not jeopardize the public safety
5and welfare, and (iv) enforce the applicable provisions of the
6Act, and levy fines in accordance with the Municipal Code or
7Counties Code. The Local Administrator may choose to require
8that inspections be performed by its own inspectors or by
9private certified elevator inspectors. The Local Administrator
10may assess a reasonable fee for permits, exceptions,
11variances, certification of operation, or inspections
12performed by its inspectors. Each agreement shall include a
13provision that the Local Administrator shall maintain for
14inspection by the Administrator copies of all applications for
15permits issued, grants or denials of exceptions or variances,
16copies of each inspection report issued, and proper records
17showing the number of certificates of operation issued. Each
18agreement shall also include a provision that each required
19inspection be conducted by a certified elevator inspector and
20any other provisions deemed necessary by the Administrator.
21Any safety standards or regulations adopted by a municipality
22or county under this subsection must be at least as stringent
23as those provided for in this Act and the rules adopted under
24this Act.
25    (b) A home rule unit may not regulate the inspection or
26licensure of, or otherwise regulate, elevators and devices

 

 

HB1449 Enrolled- 56 -LRB102 03465 BMS 13478 b

1described in Section 10 of this Act in a manner less
2restrictive than the regulation by the State of those matters
3under this Act. This subsection is a limitation under
4subsection (i) of Section 6 of Article VII of the Illinois
5Constitution on the concurrent exercise by home rule units of
6powers and functions exercised by the State.
7    (c) (Blank).
8    (d) The Administrator shall be notified of any exception
9or variance granted. The Administrator may object to such
10exception or variance within 7 business days of receipt of the
11notice. Should the Administrator and Local Administrator not
12reach agreement on the exception or variance, the matter shall
13be directed to the Board to hear and decide.
14    (e) The Local Administrator shall issue the inspection
15form prescribed by the Board pursuant to subsection (k) of
16Section 35 of this Act or an inspection form identical to the
17form prescribed by the Board, which shall be the only
18inspection form used by a person, firm, or company licensed to
19inspect conveyances under this Section. A Local Administrator
20that chooses to require that inspections be performed by its
21own inspectors shall also use the inspection form prescribed
22by the Board or an inspection form that is identical to the
23form prescribed by the Board.
24(Source: P.A. 99-22, eff. 1-1-16.)
 
25    Section 99. Effective date. This Act takes effect upon
26becoming law.