Full Text of HB2198 94th General Assembly
HB2198ham001 94TH GENERAL ASSEMBLY
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Rep. Angelo Saviano
Filed: 5/29/2005
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09400HB2198ham001 |
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LRB094 03203 RAS 47219 a |
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| AMENDMENT TO HOUSE BILL 2198
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| AMENDMENT NO. ______. Amend House Bill 2198 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Elevator Safety and Regulation Act is | 5 |
| amended by changing Sections 15, 20, 45, 55, 60, 95, 105, 110, | 6 |
| 120, and 135 as follows:
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| (225 ILCS 312/15)
| 8 |
| (Section scheduled to be repealed on January 1, 2013)
| 9 |
| Sec. 15. Definitions. For the purpose of this Act:
| 10 |
| "Administrator" means the Office of the State Fire Marshal.
| 11 |
| "ANSI A10.4" means the safety requirements for personnel | 12 |
| hoists, an American
National Standard.
| 13 |
| "ASCE 21" means the American Society of Civil Engineers | 14 |
| Automated People
Mover Standards.
| 15 |
| "ASME A17.1" means the Safety Code for
Elevators and | 16 |
| Escalators, an American National Standard.
| 17 |
| "ASME A17.3" means the Safety Code for
Existing Elevators | 18 |
| and Escalators, an American National Standard.
| 19 |
| "ASME A18.1" means the Safety Standard for
Platform Lifts | 20 |
| and Stairway Chairlifts, an American National Standard.
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| "Automated people mover" means an
installation as defined | 22 |
| as an "automated people mover" in ASCE 21.
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| "Board" means the Elevator Safety Review Board.
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| "Certificate of operation" means a certificate issued by |
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| the Administrator
that indicates that the conveyance has passed | 2 |
| the required safety inspection
and tests and fees have been | 3 |
| paid as set forth in this Act. The Administrator
may issue a | 4 |
| temporary certificate of operation that permits the temporary | 5 |
| use
of a non-compliant conveyance by the general public for a | 6 |
| limited time of 30
days while minor repairs are being | 7 |
| completed.
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| "Conveyance" means any elevator, dumbwaiter, escalator, | 9 |
| moving sidewalk,
platform lifts, stairway chairlifts and | 10 |
| automated people movers.
| 11 |
| "Elevator" means an installation defined as an
"elevator" | 12 |
| in ASME A17.1.
| 13 |
| "Elevator contractor" means any person, firm, or | 14 |
| corporation who possesses
an elevator contractor's license in | 15 |
| accordance with the provisions of Sections
40 and 55 of this | 16 |
| Act and who is engaged in the business of erecting,
| 17 |
| constructing, installing, altering, servicing, repairing, or | 18 |
| maintaining
elevators or related conveyance covered by this | 19 |
| Act.
| 20 |
| "Elevator contractor's license" means a license issued to | 21 |
| an elevator
contractor who has proven his or her qualifications | 22 |
| and ability and has been
authorized by the Elevator Safety | 23 |
| Review Board to possess this type of
license. It shall entitle | 24 |
| the holder thereof to engage in the business of
erecting, | 25 |
| constructing, installing, altering, servicing, testing, | 26 |
| repairing,
or maintaining elevators or related conveyance | 27 |
| covered by this Act. The
Administrator may issue a limited | 28 |
| elevator contractor's license authorizing a
firm or company | 29 |
| that employs individuals to carry on a business of erecting,
| 30 |
| constructing, installing, altering, servicing, repairing, or | 31 |
| maintaining
platform lifts and stairway chairlifts within any | 32 |
| building or structure,
including but not limited to private | 33 |
| residences.
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| "Elevator inspector" means any person who possesses an |
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| elevator inspector's
license in accordance with the provisions | 2 |
| of this Act or any person who
performs the duties and functions | 3 |
| of an elevator inspector for any unit of
local government with | 4 |
| a population greater than 500,000 prior to or on the
effective | 5 |
| date of this Act.
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| "Elevator mechanic" means any person who possesses an | 7 |
| elevator mechanic's
license in accordance with the provisions | 8 |
| of Sections 40 and 45 of this Act and
who is engaged in | 9 |
| erecting, constructing, installing, altering, servicing,
| 10 |
| repairing, or maintaining elevators or related conveyance | 11 |
| covered by this Act.
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| "Elevator mechanic's license" means a license issued to a | 13 |
| person who has
proven his or her qualifications and ability and | 14 |
| has been authorized by the
Elevator Safety Review Board to work | 15 |
| on conveyance equipment. It shall entitle
the holder thereof to | 16 |
| install, construct, alter, service, repair, test,
maintain, | 17 |
| and perform electrical work on elevators or related conveyance
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| covered by this Act.
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| "Escalator" means an installation defined as an | 20 |
| "escalator" in ASME A17.1.
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| "Existing installation" means an installation
defined as | 22 |
| an "installation, existing" in ASME A17.1.
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| "Inspector's license" means a license issued to a person | 24 |
| who has proven his
or her qualifications and ability and has | 25 |
| been authorized by the Elevator
Safety Review Board to possess | 26 |
| this type of license. It shall entitle the
holder thereof to | 27 |
| engage in the business of inspecting elevators or related
| 28 |
| conveyance covered by this Act.
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| "License" means a written license, duly issued by the | 30 |
| Administrator,
authorizing a person, firm, or company to carry | 31 |
| on the business of erecting,
constructing, installing, | 32 |
| altering, servicing, repairing, maintaining, or
performing | 33 |
| inspections of elevators or related conveyance covered by this | 34 |
| Act.
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| "Material alteration" means an "alteration" as defined by | 2 |
| the Board.
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| "Moving walk" means an installation as defined as a "moving | 4 |
| walk"
in ASME A17.1.
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| "Private residence" means a separate dwelling or a separate | 6 |
| apartment in
a multiple dwelling that is occupied by members of | 7 |
| a single-family unit.
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| "Repair" has the meaning defined by the Board, which does | 9 |
| not require a
permit.
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| "Residential accessibility license" means a license issued | 11 |
| to a person who has proven his or her qualifications and | 12 |
| ability to, and has been authorized by, the Elevator Safety | 13 |
| Review Board to install, construct, alter, service, repair, | 14 |
| test, maintain, and perform electrical work on A18.1 equipment | 15 |
| in a private owner occupied residence.
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| "Temporarily dormant" means an elevator, dumbwaiter, or | 17 |
| escalator:
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| (1) with a power supply that has been disconnected by | 19 |
| removing fuses and
placing a padlock on the mainline | 20 |
| disconnect switch in the "off" position;
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| (2) with a car that is parked and hoistway doors that | 22 |
| are in the closed
and latched position;
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| (3) with a wire seal on the mainline disconnect switch | 24 |
| installed by a
licensed elevator inspector;
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| (4) that shall not be used again until it has been put | 26 |
| in safe running
order and is in condition for use;
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| (5) requiring annual inspections for the duration of | 28 |
| the temporarily
dormant status by a licensed elevator | 29 |
| inspector;
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| (6) that has a "temporarily dormant" status that is | 31 |
| renewable on an
annual basis, not to exceed a one-year | 32 |
| period;
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| (7) requiring the inspector to file a report with the | 34 |
| chief elevator
inspector describing the current |
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| conditions; and
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| (8) with a wire seal and padlock that shall not be | 3 |
| removed for any
purpose without permission from the | 4 |
| elevator inspector.
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| (Source: P.A. 92-873, eff. 6-1-03; revised 1-20-03.)
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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, no person shall erect, construct, | 10 |
| wire, alter,
replace,
maintain, remove, or dismantle any | 11 |
| conveyance contained within buildings or
structures
in the | 12 |
| jurisdiction of this State unless he or she possesses an | 13 |
| elevator
mechanic's license
under this Act and unless he or she | 14 |
| works under the direct supervision of a
person,
firm, or
| 15 |
| company having an elevator contractor's license in accordance | 16 |
| with Section 40
of this Act or exempted by that Section.
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| However, a licensed elevator contractor is not required for | 18 |
| removal or
dismantling of conveyances that are destroyed as a | 19 |
| result of a complete
demolition of a secured building or | 20 |
| structure or where the hoistway or wellway
is demolished back | 21 |
| to the basic support structure and where no access is
permitted | 22 |
| that would endanger the safety and welfare of a person.
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| (b) After July 1, 2003, no person shall inspect any | 24 |
| conveyance within
buildings
or structures, including, but not | 25 |
| limited, to private residences, unless he or
she has an
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| inspector's license.
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| (c) After January 1, 2006, no person shall erect, | 28 |
| construct, wire, alter,
replace,
maintain, remove, or | 29 |
| dismantle any conveyance contained within buildings or
| 30 |
| structures
in the jurisdiction of this State unless he or she | 31 |
| is registered as an elevator industry apprentice or a helper by | 32 |
| the Administrator and works under the direct supervision of an | 33 |
| individual licensed under this Act as an elevator mechanic. The |
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| Administrator shall set elevator industry apprenticeship and | 2 |
| helper qualifications and registration procedure by rule.
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| (Source: P.A. 92-873, eff. 6-1-03.)
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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 | 7 |
| and residential accessibility license; emergency and temporary | 8 |
| licensure .
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| (a) No license shall be granted to any person who has not | 10 |
| paid the required
application fee.
| 11 |
| (b) No license shall be granted to any person who has not | 12 |
| proven his or her
qualifications and abilities. | 13 |
| (c) Applicants for an elevator mechanic's license
must
| 14 |
| demonstrate one of the
following qualifications:
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| (1) an acceptable combination of documented experience | 16 |
| and education
credits consisting of: (A) not less than 3 | 17 |
| years work experience in the
elevator
industry, in | 18 |
| construction, maintenance, and service or repair, as | 19 |
| verified by
current and previous employers licensed to do | 20 |
| business in this State; and (B)
satisfactory completion of | 21 |
| a written examination administered by the Elevator
Safety | 22 |
| Review Board or its designated provider on the adopted | 23 |
| rules, referenced codes, and standards;
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| (2) acceptable proof that he or she has worked as an | 25 |
| elevator constructor,
maintenance, or repair person; | 26 |
| acceptable proof shall consist of documentation
that he or | 27 |
| she worked without direct and immediate supervision for an | 28 |
| elevator
contractor who has worked on elevators in this | 29 |
| State for a period of not less
than
3
years immediately | 30 |
| prior to the effective date of this Act; the person must | 31 |
| make
application within 3 months after the effective date | 32 |
| of the initial rules adopted by the Board under Section 35 | 33 |
| of this Act that implement this Act
one year of the |
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| effective date of this Act ;
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| (3) a certificate of successful completion of the | 3 |
| mechanic examination
of a
nationally recognized training | 4 |
| program for the elevator industry such as the
National | 5 |
| Elevator Industry Educational Program or its equivalent;
| 6 |
| (4) a certificate of completion of an elevator mechanic | 7 |
| apprenticeship
program with standards substantially equal | 8 |
| to those of this Act and
registered
with the Bureau of | 9 |
| Apprenticeship and Training, U.S. Department of Labor, or a
| 10 |
| State apprenticeship council; or
| 11 |
| (5) a valid license from a state having standards | 12 |
| substantially equal to
those of this State.
| 13 |
| (d) A residential accessibility license shall be issued to | 14 |
| an individual who has demonstrated the qualifications set forth | 15 |
| in subdivision (1) of subsection (c) of this Section and who | 16 |
| performs A18.1 work in a private owner occupied residence. | 17 |
| (e) Whenever an emergency exists in the State due to | 18 |
| disaster or
work stoppage and the number of persons in the | 19 |
| State holding licenses granted
by the
Board is insufficient to | 20 |
| cope with the emergency, the licensed elevator
contractor shall
| 21 |
| respond as necessary to ensure the safety of the public. Any | 22 |
| person certified
by a licensed
elevator contractor to have an | 23 |
| acceptable combination of documented experience
and
education | 24 |
| to perform elevator work without direct and immediate | 25 |
| supervision
shall seek
an emergency elevator mechanic's | 26 |
| license from the Administrator
within 5 business days after | 27 |
| commencing work requiring a license. The
Administrator
shall | 28 |
| issue emergency elevator mechanic's licenses. The applicant | 29 |
| shall furnish
proof of
competency as the Administrator may | 30 |
| require. Each license shall recite that it
is valid for a
| 31 |
| period of 30 days from the date thereof and for such particular | 32 |
| elevators
or
geographical areas as the Administrator may | 33 |
| designate and otherwise shall
entitle the
licensee to the | 34 |
| rights and privileges of a elevator mechanic's license issued
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| under this
Act. The Administrator shall renew an emergency | 2 |
| elevator mechanic's license
during the
existence of an | 3 |
| emergency. No fee may be charged for any emergency elevator
| 4 |
| mechanic's license or renewal thereof. | 5 |
| (f) A licensed elevator contractor shall notify the | 6 |
| Administrator when there
are no
licensed personnel available to | 7 |
| perform elevator work. The licensed elevator
contractor
may | 8 |
| request that the Administrator issue temporary elevator | 9 |
| mechanic's licenses
to
persons certified by the licensed | 10 |
| elevator contractor to have an acceptable
combination of
| 11 |
| documented experience and education to perform elevator work | 12 |
| without direct and
immediate supervision. Any person certified | 13 |
| by a licensed elevator contractor
to have an
acceptable | 14 |
| combination of documented experience and education to perform
| 15 |
| elevator
work without direct and immediate supervision shall | 16 |
| immediately seek a
temporary
elevator mechanic's license from | 17 |
| the Administrator and shall pay such fee as
the Board
shall | 18 |
| determine. Each license shall recite that it is valid for a | 19 |
| period of
30 days from
the date of issuance and while employed | 20 |
| by the licensed elevator contractor
that certified
the | 21 |
| individual as qualified. It shall be renewable as long as the | 22 |
| shortage of
license holders continues.
| 23 |
| (Source: P.A. 92-873, eff. 6-1-03.)
| 24 |
| (225 ILCS 312/55)
| 25 |
| (Section scheduled to be repealed on January 1, 2013)
| 26 |
| Sec. 55. Qualifications for elevator contractor's license.
| 27 |
| (a) No license shall be granted to any person or firm | 28 |
| unless the appropriate
application fee is paid.
| 29 |
| (b) No license shall be granted to any person or firm who | 30 |
| has not proven the
required qualifications and abilities. An | 31 |
| applicant must demonstrate one of the
following
| 32 |
| qualifications:
| 33 |
| (1) five years work experience in the elevator industry |
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| in construction,
maintenance, and service or repair, as | 2 |
| verified by current and previous
elevator
contractor's | 3 |
| licenses to do business, or satisfactory completion of a | 4 |
| written
examination administered by the Elevator Safety | 5 |
| Review Board or its designated provider on the most
recent | 6 |
| referenced codes and standards; or
| 7 |
| (2) proof that the individual or firm holds a valid | 8 |
| license from a state
having standards substantially equal | 9 |
| to those of this State ; or .
| 10 |
| (3) 5 years work experience in the elevator industry, | 11 |
| as verified by proof of insurance and submission of the | 12 |
| business address and contact information of a designated | 13 |
| officer within such business.
| 14 |
| (c) This Section does not apply to a person or firm engaged | 15 |
| in
business as an elevator contractor in a
municipality
with
a | 16 |
| population over 500,000 that provides for the licensure of | 17 |
| elevator
contractors
for work performed
within the corporate | 18 |
| boundaries of a municipality with a population over
500,000.
| 19 |
| (Source: P.A. 92-873, eff. 6-1-03.)
| 20 |
| (225 ILCS 312/60)
| 21 |
| (Section scheduled to be repealed on January 1, 2013)
| 22 |
| Sec. 60. Issuance and renewal of licenses; fees.
| 23 |
| (a) Upon approval of an application, the Administrator may
| 24 |
| issue a license that must be renewed every 2 years
biannually . | 25 |
| The renewal fee for the
license shall be
set by the Board.
| 26 |
| (b) (Blank).
Whenever an emergency exists in the State due | 27 |
| to disaster or
work stoppage and the number of persons in the | 28 |
| State holding licenses granted
by the
Board is insufficient to | 29 |
| cope with the emergency, the licensed elevator
contractor shall
| 30 |
| respond as necessary to assure the safety of the public. Any | 31 |
| person certified
by a licensed
elevator contractor to have an | 32 |
| acceptable combination of documented experience
and
education | 33 |
| to perform elevator work without direct and immediate |
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| supervision
shall seek
an emergency elevator mechanic's | 2 |
| license from the Administrator
within 5 business days after | 3 |
| commencing work requiring a license. The
Administrator
shall | 4 |
| issue emergency elevator mechanic's licenses. The applicant | 5 |
| shall furnish
proof of
competency as the Administrator may | 6 |
| require. Each license shall recite that it
is valid for a
| 7 |
| period of 30 days from the date thereof and for such particular | 8 |
| elevators
or
geographical areas as the Administrator may | 9 |
| designate and otherwise shall
entitle the
licensee to the | 10 |
| rights and privileges of a elevator mechanic's license issued
| 11 |
| under this
Act. The Administrator shall renew an emergency | 12 |
| elevator mechanic's license
during the
existence of an | 13 |
| emergency. No fee shall be charged for any emergency elevator
| 14 |
| mechanic's license or renewal thereof.
| 15 |
| (c) (Blank).
A licensed elevator contractor shall notify | 16 |
| the Administrator when there
are no
licensed personnel | 17 |
| available to perform elevator work. The licensed elevator
| 18 |
| contractor
may request that the Administrator issue temporary | 19 |
| elevator mechanic's licenses
to
persons certified by the | 20 |
| licensed elevator contractor to have an acceptable
combination | 21 |
| of
documented experience and education to perform elevator work | 22 |
| without direct and
immediate supervision. Any person certified | 23 |
| by a licensed elevator contractor
to have an
acceptable | 24 |
| combination of documented experience and education to perform
| 25 |
| elevator
work without direct and immediate supervision shall | 26 |
| immediately seek a
temporary
elevator mechanic's license from | 27 |
| the Administrator and shall pay such fee as
the Board
shall | 28 |
| determine. Each license shall recite that it is valid for a | 29 |
| period of
30 days from
the date of issuance and while employed | 30 |
| by the licensed elevator contractor
that certified
the | 31 |
| individual as qualified. It shall be renewable as long as the | 32 |
| shortage of
license holders
shall continue.
| 33 |
| (d) The renewal of all licenses granted under the | 34 |
| provisions of this Section
shall
be conditioned upon the |
|
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| submission of a certificate of completion of a course
designed | 2 |
| to
ensure the continuing education of licensees on new and | 3 |
| existing provisions of
the
rules of the Elevator Safety Review | 4 |
| Board. Such course shall consist of
not less
than 8 hours of | 5 |
| instruction that shall be attended and completed within one
| 6 |
| year
immediately preceding any such license renewal.
| 7 |
| (e) The courses referred to in subsection (d) of this | 8 |
| Section shall be
taught
by instructors
through
continuing | 9 |
| education providers that may include, but shall not be limited | 10 |
| to,
association
seminars and labor training programs. The | 11 |
| Elevator Safety Review Board shall
approve
the continuing | 12 |
| education providers. All instructors shall be approved by the
| 13 |
| Board and
shall be exempt from the requirements of subsection | 14 |
| (d) of this Section with
regard to their
applications
for | 15 |
| license renewal, provided that such applicant was qualified as | 16 |
| an
instructor
at any time
during the one year immediately | 17 |
| preceding the scheduled date for such renewal.
| 18 |
| (f) A licensee who is unable to complete the continuing | 19 |
| education course
required
under this Section prior to the | 20 |
| expiration of his or her license due to a
temporary
disability
| 21 |
| may apply for a waiver from the Board. This shall be on a form | 22 |
| provided by the
Board,
which shall be signed under the penalty | 23 |
| of perjury and accompanied
by a
certified statement from a | 24 |
| competent physician attesting to such temporary
disability.
| 25 |
| Upon the termination of such temporary disability, the licensee | 26 |
| shall submit to
the Board
a certified statement from the same | 27 |
| physician, if practicable, attesting to the
termination
of the | 28 |
| temporary disability, at which time a waiver sticker, valid for | 29 |
| 90 days,
shall be
issued to the licensee and affixed to his or | 30 |
| her license.
| 31 |
| (g) Approved training providers shall keep for a period of | 32 |
| 10 years uniform
records of attendance of licensees following a | 33 |
| format approved by the Board.
These
records shall be available | 34 |
| for inspection by the Board at its request. Approved
training
|
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| providers shall be responsible for the security of all | 2 |
| attendance records and
certificates of
completion, provided | 3 |
| that falsifying or knowingly allowing another to
falsify
| 4 |
| attendance records or certificates of completion shall | 5 |
| constitute grounds for
suspension or
revocation of the approval | 6 |
| required under this Section.
| 7 |
| (Source: P.A. 92-873, eff. 6-1-03.)
| 8 |
| (225 ILCS 312/95)
| 9 |
| (Section scheduled to be repealed on January 1, 2013)
| 10 |
| Sec. 95. New installations; annual inspections and | 11 |
| registrations.
| 12 |
| (a) All new conveyance installations shall be performed by | 13 |
| a person, firm, or
company to which a license to install or | 14 |
| service conveyances has been issued.
Subsequent
to | 15 |
| installation, the licensed person, firm, or company must | 16 |
| certify compliance
with the
applicable Sections of this Act. | 17 |
| Prior to any conveyance being used, the
property owner or
| 18 |
| lessee must obtain a certificate of operation from the | 19 |
| Administrator,
unless the property is located within a | 20 |
| municipality with a population greater
than 500,000. Except as | 21 |
| set forth in subsection (b) of this Section, a
A
fee as set
| 22 |
| forth in this Act shall be paid for the certificate of | 23 |
| operation. It shall be
the responsibility
of the licensed | 24 |
| elevator contractor to complete and submit first time
| 25 |
| registration for new
installations. The certificate of | 26 |
| operation fee for newly installed platform
lifts and
stairway | 27 |
| chair lifts for private residences shall be subsequent to an
| 28 |
| inspection by a
licensed third party inspection firm.
| 29 |
| (b) The certificate of operation for newly installed | 30 |
| platform
lifts and
stairway chair lifts for private residences | 31 |
| shall be subsequent to an
inspection by a
licensed third party | 32 |
| inspection firm. The certificate of operation fee for all new | 33 |
| and existing platform and
stairway
chair lifts for private |
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| residences and any renewal certificate fees shall be
waived. | 2 |
| The
Administrator or his or her designee shall inspect, in | 3 |
| accordance with the
requirements set
forth in this Act, all | 4 |
| newly installed and existing platform lifts and stairway
chair | 5 |
| lifts for
private residences subsequent to an inspection by a | 6 |
| person, firm, or company to
which a
license to inspect | 7 |
| conveyances has been issued, unless the private residence is
| 8 |
| located within a municipality with a population greater than | 9 |
| 500,000.
| 10 |
| (c) A certificate of operation referenced in subsection
| 11 |
| subsections (a) and (b)
of this Section is renewable annually, | 12 |
| except for certificates issued for
platform and stairway
| 13 |
| chairlifts for
private residences , which shall be valid for a | 14 |
| period of 3 years . Certificates
of operation
must be clearly | 15 |
| displayed on or in each conveyance or in the machine room for
| 16 |
| use for
the benefit of code enforcement staff.
| 17 |
| (Source: P.A. 92-873, eff. 6-1-03.)
| 18 |
| (225 ILCS 312/105)
| 19 |
| (Section scheduled to be repealed on January 1, 2013)
| 20 |
| Sec. 105. Enforcement.
| 21 |
| (a) It shall be the duty of the Elevator Safety Review | 22 |
| Board
to develop an
enforcement program to ensure compliance | 23 |
| with rules and
requirements
referenced in this Act. This shall | 24 |
| include, but shall not be limited to,
rules for
identification | 25 |
| of property locations that are subject to the rules and
| 26 |
| requirements; issuing notifications to violating property | 27 |
| owners or operators,
random on-site inspections, policies for | 28 |
| administrative penalties, and tests on existing installations; | 29 |
| witnessing
periodic
inspections and
testing in order to ensure | 30 |
| satisfactory performance by licensed persons, firms,
or
| 31 |
| companies; and assisting in development of public awareness | 32 |
| programs.
| 33 |
| (b) Any person may make a request for an investigation into |
|
|
|
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LRB094 03203 RAS 47219 a |
|
| 1 |
| an alleged
violation
of
this Act by giving notice to the | 2 |
| Administrator
of such violation or
danger. The
notice shall be | 3 |
| in writing, shall set forth with reasonable particularity the
| 4 |
| grounds for the
notice, and shall be signed by the person | 5 |
| making the request. Upon the request
of any
person signing the | 6 |
| notice, the person's name shall not appear on any copy of
the | 7 |
| notice
or any record published, released, or made available.
| 8 |
| (c) If, upon receipt of such notification, the | 9 |
| Administrator
determines
that there
are
reasonable grounds to | 10 |
| believe that such violation or danger exists, the
Administrator
| 11 |
| shall cause to be made an investigation in accordance
with the | 12 |
| provisions of
this Act as
soon as practicable to determine if | 13 |
| such violation or danger exists. If the
Administrator | 14 |
| determines that there are no reasonable
grounds to believe that | 15 |
| a
violation or
danger exists, he or she shall notify the party | 16 |
| in writing of such
determination.
| 17 |
| (d) This Section does not apply within a municipality with | 18 |
| a population over
500,000.
| 19 |
| (Source: P.A. 92-873, eff. 6-1-03.)
| 20 |
| (225 ILCS 312/110)
| 21 |
| (Section scheduled to be repealed on January 1, 2013)
| 22 |
| Sec. 110. Liability.
| 23 |
| (a) This Act shall not be construed to relieve or lessen | 24 |
| the responsibility
or
liability of any person, firm, or | 25 |
| corporation owning, operating, controlling,
maintaining,
| 26 |
| erecting, constructing, installing, altering, inspecting, | 27 |
| testing, or repairing
any elevator or
other related mechanisms | 28 |
| covered by this Act for damages to person or property
caused
by | 29 |
| any defect therein, nor does the State or any unit of local | 30 |
| government
assume any such liability or
responsibility
| 31 |
| therefore or any liability to any person for whatever reason | 32 |
| whatsoever by the
adoption of
this Act or any acts or omissions | 33 |
| arising under this Act.
|
|
|
|
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LRB094 03203 RAS 47219 a |
|
| 1 |
| (b) Any owner or lessee who violates any of the provisions | 2 |
| of this Act
shall
be fined in an amount not to exceed $1,500 | 3 |
| per violation, per day .
| 4 |
| (c) Compliance with this Act is not a defense to a legal | 5 |
| proceeding.
| 6 |
| (Source: P.A. 92-873, eff. 6-1-03.)
| 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 annually
by a person, firm, or | 13 |
| company to which a license to
inspect
conveyances has been | 14 |
| issued. Subsequent to inspection, the licensed person,
firm, or
| 15 |
| company must supply the property owner or lessee and the | 16 |
| Administrator
with a
written inspection report describing any | 17 |
| and all violations. Property owners
shall have 30
days from the | 18 |
| date of the published inspection report to be in full | 19 |
| compliance
by
correcting the violations. The Administrator | 20 |
| shall determine whether or not such violations have been | 21 |
| corrected.
| 22 |
| (b) It shall be the responsibility of the owner of all | 23 |
| conveyances to have a
firm or
company licensed as described in | 24 |
| this Act to ensure that the required
inspection and test
are | 25 |
| performed at intervals in compliance with ASME A17.1, ASME | 26 |
| A18.1, and
ASCE 21.
| 27 |
| (c) All tests shall be performed by a licensed elevator | 28 |
| mechanic.
| 29 |
| (Source: P.A. 92-873, eff. 6-1-03.)
| 30 |
| (225 ILCS 312/135)
| 31 |
| (Section scheduled to be repealed on January 1, 2013)
| 32 |
| Sec. 135. Elevators in private residences. The owner of a |
|
|
|
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LRB094 03203 RAS 47219 a |
|
| 1 |
| conveyance
located
in his or her private residence may | 2 |
| register, pay the required fee, and have
his or her existing
| 3 |
| conveyance inspected.
The Administrator shall provide annual
| 4 |
| notice to the owner of the private residence
where the | 5 |
| conveyance is located with relevant information about | 6 |
| conveyance
safety requirements, including the need to have the | 7 |
| elevator periodically and
timely inspected and made safe. Any | 8 |
| inspection performed shall be done solely
at the request and | 9 |
| with the consent of the private residence owner. No penalty
| 10 |
| provision of this Act shall apply to private residence owners.
| 11 |
| (Source: P.A. 92-873, eff. 6-1-03.)
| 12 |
| Section 99. Effective date. This Act takes effect upon | 13 |
| becoming law.".
|
|