Full Text of SB2037 97th General Assembly
SB2037sam002 97TH GENERAL ASSEMBLY | Sen. John M. Sullivan Filed: 4/11/2011
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| 1 | | AMENDMENT TO SENATE BILL 2037
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2037 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Elevator Safety and Regulation Act is | 5 | | amended by changing Sections 35, 95, and 120 as follows:
| 6 | | (225 ILCS 312/35)
| 7 | | (Section scheduled to be repealed on January 1, 2013)
| 8 | | Sec. 35. Powers and duties of the Board and Administrator.
| 9 | | (a) The Board shall consult with engineering authorities | 10 | | and organizations
and
adopt rules consistent with the | 11 | | provisions of this Act for the
administration and
enforcement | 12 | | of this Act. The Board may prescribe forms to be issued in
| 13 | | connection with
the administration and enforcement of this Act. | 14 | | The rules shall establish
standards and
criteria consistent | 15 | | with this Act for licensing of elevator mechanics,
inspectors, | 16 | | and installers of
elevators,
including the provisions of the |
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| 1 | | Safety Code for Elevators and Escalators (ASME
A17.1),
the | 2 | | provisions of the Performance-Based Safety Code for Elevators | 3 | | and Escalators (ASME A17.7), the Standard for the
Qualification
| 4 | | of Elevator Inspectors (ASME QEI-1), the Automated People Mover | 5 | | Standards
(ASCE 21), the Safety Requirements for Personnel | 6 | | Hoists and Employee Elevators
(ANSI A10.4), and the Safety | 7 | | Standard for Platform Lifts and Stairway Chairlifts (ASME | 8 | | A18.1). The Board shall adopt or amend and adopt the latest | 9 | | editions of the standards referenced in this subsection within | 10 | | 12 months after the effective date of the
standards.
| 11 | | The Board shall make determinations authorized by this Act | 12 | | regarding variances, interpretations, and the installation of | 13 | | new technology. Such determinations shall have a binding | 14 | | precedential effect throughout the State regarding equipment, | 15 | | structure, or the enforcement of codes unless limited by the | 16 | | Board to the fact-specific issues. | 17 | | (b) The Administrator or Local Administrator shall have the | 18 | | authority to grant exceptions and
variances from
the literal | 19 | | requirements of
applicable State codes, standards, and | 20 | | regulations in cases where such
variances
would not
jeopardize | 21 | | the public
safety and
welfare. The Administrator has the right
| 22 | | to review and object to any exceptions or variances granted by
| 23 | | the Local Administrator. The Board shall have the authority to | 24 | | hear appeals, for any denial by the Local Administrator or
for | 25 | | any denial or objection by the Administrator. The Board
shall | 26 | | hold hearings, and
decide
upon such within 30 days of the |
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| 1 | | appeal.
| 2 | | (c) The Board shall establish fee schedules for licenses, | 3 | | and registrations issued by the Administrator. The Board
shall | 4 | | also establish fee schedules for permits,
certificates, and
| 5 | | inspections for conveyances not under a Local
Administrator. | 6 | | The fees shall be set at an amount necessary to cover the | 7 | | actual
costs and expenses to operate
the Board
and to conduct | 8 | | the duties as described in this Act.
| 9 | | (d) The Board shall be authorized to recommend the | 10 | | amendments of applicable
legislation, when appropriate, to | 11 | | legislators.
| 12 | | (e) The Administrator may solicit the advice and expert | 13 | | knowledge of
the
Board on any matter relating to the | 14 | | administration and enforcement of this Act.
| 15 | | (f) The Administrator may employ professional, technical,
| 16 | | investigative, or
clerical help, on either a full-time or | 17 | | part-time basis, as may be necessary
for the
enforcement of | 18 | | this Act.
| 19 | | (g) (Blank).
| 20 | | (h) Notwithstanding anything else in this Section, the | 21 | | following upgrade requirements of the 2007 edition of the | 22 | | Safety Code for Elevators and Escalators (ASME A17.1) and the | 23 | | 2005 edition of the Safety Code for Existing Elevators (ASME | 24 | | A17.3) must be completed by January 1, 2015, but the | 25 | | Administrator or Local Administrator may not require their | 26 | | completion prior to January 1, 2013: |
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| 1 | | (i) restricted opening of hoistway doors or car doors | 2 | | on passenger elevators; | 3 | | (ii) car illumination; | 4 | | (iii) emergency operation and signaling devices; | 5 | | (iv) phase reversal and failure protection; | 6 | | (v) reopening device for power operated doors or gates; | 7 | | (vi) stop switch pits; and | 8 | | (vii) pit ladder installation in accordance with | 9 | | Section 2.2.4.2 of ASME A17.1-2007. | 10 | | (i) In the event that a conveyance regulated by this Act is | 11 | | altered, the alteration shall comply with ASME A17.1. | 12 | | Notwithstanding anything else in this Section, the | 13 | | firefighter's emergency operation, and the hydraulic elevator | 14 | | cylinder, including the associated safety devices outlined in | 15 | | Section 4.3.3(b) of ASME A17.3-2005, are not required to be | 16 | | upgraded unless: (1) there is an alteration, (2) the
equipment | 17 | | fails, or (3) failing to replace the equipment jeopardizes the | 18 | | public safety and welfare as determined by the Local | 19 | | Administrator or the Board. | 20 | | (j) The Administrator may choose to require the inspection
| 21 | | of any conveyance to be performed by its own inspectors or by
| 22 | | third-party licensed inspectors employed by the Administrator. | 23 | | (Source: P.A. 95-573, eff. 8-31-07; 96-54, eff. 7-23-09.)
| 24 | | (225 ILCS 312/95)
| 25 | | (Section scheduled to be repealed on January 1, 2013)
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| 1 | | Sec. 95. New installations; annual inspections and | 2 | | registrations.
| 3 | | (a) All new conveyance installations regulated by this Act
| 4 | | shall be performed by a person, firm, or
company to which a | 5 | | license to install or service conveyances has been issued.
| 6 | | Subsequent
to installation, the licensed person, firm, or | 7 | | company must certify compliance
with the
applicable Sections of | 8 | | this Act. Prior to any conveyance being used, the
property | 9 | | owner or
lessee must obtain a certificate of operation from the | 10 | | Administrator or Local Administrator. A
fee as authorized by | 11 | | Section 35 of this Act or as set by the Local Administrator | 12 | | shall be paid for the certificate of operation. It shall be
the | 13 | | responsibility
of the owner to complete and submit first time
| 14 | | registration for new
installations.
| 15 | | (b) (Blank).
| 16 | | (c) A certificate of operation is renewable annually , | 17 | | except that a certificate of operation is renewable every 3 | 18 | | years for a conveyance (i) that is located in a building owned | 19 | | and occupied by any church, synagogue, or other building, | 20 | | structure, or place used primarily for religious worship and is | 21 | | the only conveyance in the building, (ii) that is under the | 22 | | jurisdiction of the Administrator, (iii) that is limited in use | 23 | | to 2 levels, and (iv) for which the church, synagogue, or other | 24 | | building, structure, or place used primarily for religious | 25 | | worship has an annual maintenance examination that includes the | 26 | | applicable category tests. For these occupancies, on-site |
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| 1 | | witnessing of the category test shall be witnessed every 3 | 2 | | years. Records of the applicable maintenance checks and | 3 | | elevator category test results shall be maintained on-site by | 4 | | the building owner . The certificates
of operation
or copy | 5 | | thereof, must be clearly displayed in the conveyance for
the | 6 | | benefit of code enforcement staff.
| 7 | | (Source: P.A. 96-54, eff. 7-23-09.)
| 8 | | (225 ILCS 312/120)
| 9 | | (Section scheduled to be repealed on January 1, 2013)
| 10 | | Sec. 120. Inspection and testing.
| 11 | | (a) Except as provided in subsection (c) of Section 95 of | 12 | | this Act, it It shall be the responsibility of the owner of all | 13 | | new and existing
conveyances
located in any building or | 14 | | structure to have the conveyance inspected annually
by a | 15 | | person, firm, or company to which a license to
inspect
| 16 | | conveyances has been issued. Subsequent to inspection, the | 17 | | licensed person,
firm, or
company must supply the property | 18 | | owner or lessee and the Administrator
with a
written inspection | 19 | | report describing any and all code
violations. Property owners
| 20 | | shall have 30
days from the date of the published inspection | 21 | | report to be in full compliance
by
correcting the violations. | 22 | | The Administrator shall determine whether such violations have | 23 | | been corrected and may extend the compliance dates for good | 24 | | cause, provided that such violations are minor and pose no | 25 | | threat to public safety.
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| 1 | | (b) It shall be the responsibility of the owner of all | 2 | | conveyances to have a licensed elevator contractor, as defined | 3 | | in this Act, ensure that the required tests are performed at | 4 | | intervals in compliance with the ASME A 17.1, ASME A 18.1 and | 5 | | ASCE 21.
| 6 | | (c) All tests shall be performed by a licensed elevator | 7 | | mechanic.
| 8 | | (Source: P.A. 94-698, eff. 11-22-05; 95-573, eff. 8-31-07.)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.".
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