Illinois General Assembly - Full Text of HB1449
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB1449  102nd General Assembly

HB1449ham001 102ND GENERAL ASSEMBLY

Rep. Kathleen Willis

Filed: 3/29/2022

 

 


 

 


 
10200HB1449ham001LRB102 03465 AMQ 38210 a

1
AMENDMENT TO HOUSE BILL 1449

2    AMENDMENT NO. ______. Amend House Bill 1449 by replacing
3everything after the enacting clause with the following:
 
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 Acts repealed on January 1, 2023.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8Acts are repealed on January 1, 2023: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

 

 

10200HB1449ham001- 2 -LRB102 03465 AMQ 38210 a

1Counselor Licensing and Practice Act.
2    The Wholesale Drug Distribution Licensing Act.
3(Source: P.A. 101-621, eff. 12-20-19.)
 
4    (5 ILCS 80/4.38)
5    Sec. 4.38. Acts repealed on January 1, 2028. The following
6Acts are repealed on January 1, 2028:
7    The Acupuncture Practice Act.
8    The Clinical Social Work and Social Work Practice Act.
9    The Elevator Safety and Regulation Act.
10    The Fire Equipment Distributor and Employee Regulation Act
11of 2011.
12    The Home Medical Equipment and Services Provider License
13Act.
14    The Illinois Petroleum Education and Marketing Act.
15    The Illinois Speech-Language Pathology and Audiology
16Practice Act.
17    The Interpreter for the Deaf Licensure Act of 2007.
18    The Nurse Practice Act.
19    The Nursing Home Administrators Licensing and Disciplinary
20Act.
21    The Physician Assistant Practice Act of 1987.
22    The Podiatric Medical Practice Act of 1987.
23(Source: P.A. 100-220, eff. 8-18-17; 100-375, eff. 8-25-17;
24100-398, eff. 8-25-17; 100-414, eff. 8-25-17; 100-453, eff.
258-25-17; 100-513, eff. 9-20-17; 100-525, eff. 9-22-17;

 

 

10200HB1449ham001- 3 -LRB102 03465 AMQ 38210 a

1100-530, eff. 9-22-17; 100-560, eff. 12-8-17.)
 
2    Section 10. The Fire Equipment Distributor and Employee
3Regulation Act of 2011 is amended by changing Sections 5, 10,
420, 30, 40, 45, 60, 65, 70, 75, 80, 82, 83, 85, 90, 115, and
5120 and by adding Sections 14 and 62 as follows:
 
6    (225 ILCS 217/5)
7    (Section scheduled to be repealed on January 1, 2023)
8    Sec. 5. Definitions. As used in this Act:
9    "Employee" means a licensee or a person who is currently
10employed by a fire equipment distributor licensed under this
11Act whose full or part-time duties include servicing,
12recharging, hydrotesting, installing, maintaining, or
13inspecting fire equipment.
14    "Fire equipment" means any portable or fixed fire
15extinguishing device or system other than a fire sprinkler
16system under the Fire Sprinkler Contractor Licensing Act.
17    "Fire equipment distributor" means any person, company or
18corporation that services, recharges, hydrotests, inspects,
19installs, maintains, alters, repairs, replaces, or services
20fire equipment for customers, clients, or other third parties.
21    "ICC" means the International Code Council.
22    "NAFED" means the National Association of Fire Equipment
23Distributors.
24    "NFPA" means the National Fire Protection Association.

 

 

10200HB1449ham001- 4 -LRB102 03465 AMQ 38210 a

1    "NICET" means the National Institute for Certification in
2Engineering Technologies.
3    "Office" or "State Fire Marshal" means the Office of the
4State Fire Marshal.
5    "Person" means a natural person or any company,
6corporation, or other business entity.
7    (a) "Employee" means a licensee or a person who is
8currently employed by a distributor licensed under this Act
9whose full or part-time duties include servicing, recharging,
10hydro-testing, installing, maintaining, or inspecting all
11types of fire extinguishing devices or systems, other than
12water sprinkler systems.
13    (b) "Board" means the Fire Equipment Distributor and
14Employee Advisory Board.
15    (c) "Person" means a natural person or any company,
16corporation, or other business entity.
17    (d) "Fire equipment distributor" means any person, company
18or corporation that services, recharges, hydro-tests,
19inspects, installs, maintains, alters, repairs, replaces, or
20services fire extinguishing devices or systems, other than
21water sprinkler systems, for customers, clients, or other
22third parties. "Fire equipment distributor" does not include a
23person, company, or corporation employing 2,000 or more
24employees within the State of Illinois that engages in these
25activities incidental to its own business.
26    (e) "Public member" means a person who is not a licensee or

 

 

10200HB1449ham001- 5 -LRB102 03465 AMQ 38210 a

1a relative of a licensee, or who is not an employer or employee
2of a licensee. The term "relative" shall be determined by
3rules of the State Fire Marshal.
4    (f) "Residency" means an actual domicile in Illinois for a
5period of not less than one year.
6    (g) "Inspection" means a determination that a fire
7extinguisher is available in its designated place and has not
8been actuated or tampered with. "Inspection" does not include
9the inspection that may be performed by the building owner,
10tenant, or insurance representative.
11    (h) "Maintenance" means a determination that an
12extinguisher will operate effectively and safely. It includes
13a thorough examination and any necessary repair or
14replacement. It also includes checking the date of manufacture
15or last hydrostatic test to see if internal inspection of the
16cylinder or hydrostatic testing is necessary, and checking for
17cuts, bulges, dents, abrasions, corrosion, condition of paint,
18shell hanger attachment, maintenance of nameplate, weight of
19contents, pressure gauge, valve, removal of pull pin,
20discharge nozzle, hose assembly, and operating instructions.
21    (i) "NAFED" means the National Association of Fire
22Equipment Distributors located in Chicago, Illinois.
23    (j) "ICC" means the International Code Council.
24(Source: P.A. 96-1499, eff. 1-18-11; 97-979, eff. 8-17-12.)
 
25    (225 ILCS 217/10)

 

 

10200HB1449ham001- 6 -LRB102 03465 AMQ 38210 a

1    (Section scheduled to be repealed on January 1, 2023)
2    Sec. 10. License requirement; injunction; cease and desist
3order.
4    (a) No person shall act as a fire equipment distributor or
5employee, or advertise or assume to act as such, or use any
6title implying that such person is engaged in such practice or
7occupation unless licensed by the State Fire Marshal.
8    No firm, association, or corporation shall act as an
9agency licensed under this Act, or advertise or assume to act
10as such, or use any title implying that the firm, association,
11or corporation is engaged in such practice, unless licensed by
12the State Fire Marshal.
13    (b) The State Fire Marshal, in the name of the People and
14through the Attorney General, the State's Attorney of any
15county, any interested resident of the State, or any
16interested legal entity within the State, may petition the
17court with appropriate jurisdiction for an order seeking
18injunctive relief to enjoin from practicing a licensed
19activity in violation of this Act any person, firm,
20association, or corporation who has not been issued a license,
21or whose license has been suspended, revoked, or not renewed.
22If any person, firm, association, or corporation holds itself
23out as being a licensee under this Act and is not licensed to
24do so, then any licensee, interested party, or any person
25injured thereby may petition for relief as provided in this
26Section. Upon the filing of a verified complaint, a copy shall

 

 

10200HB1449ham001- 7 -LRB102 03465 AMQ 38210 a

1be served upon the defendant and the proceedings shall
2thereafter be conducted as in other civil cases. The court
3with appropriate jurisdiction may issue a temporary
4restraining order without notice or bond. If it is established
5that the defendant has been or is practicing in violation of
6this Act, the court may enter a judgment permanently enjoining
7the defendant from such further activity. In case of violation
8of any injunctive order or judgment entered under the
9provisions of this Section, the court may summarily try and
10punish the offender for contempt of court. Such injunctive
11proceeding shall be in addition to all penalties and other
12remedies in this Act.
13    (c) The Office may issue a cease and desist order to any
14licensee or other person doing business without the required
15license, when, in the opinion of the Office, the licensee or
16other person is violating or is about to violate any provision
17of this Act or any rule or requirement imposed in writing by
18the Office. The cease and desist order shall specify the
19activity or activities that the Office is seeking the licensee
20or other person doing business without the required license to
21cease and desist.
22    The cease and desist order permitted by this Section may
23be issued prior to a hearing.
24    The Office shall serve a notice of the Office's action,
25including, but not limited to, a statement of reasons for the
26action, either personally or by certified mail, and a return

 

 

10200HB1449ham001- 8 -LRB102 03465 AMQ 38210 a

1receipt requested. Service by certified mail shall be deemed
2completed (i) when the notice is deposited in the United
3States mail, received, or delivery is refused or (ii) one
4business day after the United States Postal Service has
5attempted delivery, whichever is earlier.
6    Within 10 days after service of a cease and desist order,
7the licensee or other person may request, in writing, a
8hearing. The Office shall schedule a hearing within 30 days
9after the request for a hearing unless otherwise agreed to by
10the parties.
11    If it is determined that the Office has the authority to
12issue the cease and desist order, the Office may issue the
13order as reasonably necessary to correct, eliminate, or remedy
14the conduct.
15    Any person in violation of a cease and desist order
16entered by the State Fire Marshal shall be subject to all of
17the remedies provided by law and, in addition, shall be
18subject to a civil penalty payable to the party injured by the
19violation.
20    The powers vested in the Office by this Section are
21additional to any and all other powers and remedies vested in
22the Office by law, and nothing in this Section shall be
23construed as requiring the Office to employ the power
24conferred in this Section instead of or as a condition
25precedent to the exercise of any other power or remedy vested
26in the Office.

 

 

10200HB1449ham001- 9 -LRB102 03465 AMQ 38210 a

1    The licensee, or other person doing business without the
2required license, shall pay the actual costs of the hearing.
3    Whenever, in the opinion of the State Fire Marshal, a
4person, firm, association, or corporation violates any
5provision of this Act, the State Fire Marshal may issue an
6order to show cause why an order to cease and desist should not
7be entered against that person, firm, association, or
8corporation. The order shall clearly set forth the grounds
9relied upon by the State Fire Marshal and shall allow the
10person, firm, association, or corporation at least 7 days
11after the date of the order to file an answer satisfactory to
12the State Fire Marshal. A failure to answer an order to show
13cause to the satisfaction of the State Fire Marshal shall
14result in the issuance of an order to cease and desist.
15    (d) The State Fire Marshal may refuse to issue a license
16to, or may suspend the license of, any person or business
17entity that is not in good standing with the Department of
18Revenue until the person or business entity is in good
19standing with the Department of Revenue who fails to file a
20return, to pay the tax, penalty, or interest shown in a filed
21return, or to pay any final assessment of tax, penalty, or
22interest, as required by any tax Act administered by the
23Illinois Department of Revenue, until such time as the
24requirements of any such tax Act are satisfied.
25(Source: P.A. 96-1499, eff. 1-18-11; 97-979, eff. 8-17-12.)
 

 

 

10200HB1449ham001- 10 -LRB102 03465 AMQ 38210 a

1    (225 ILCS 217/14 new)
2    Sec. 14. Home rule. A home rule unit may not regulate the
3service of fire equipment in a manner less restrictive than
4the regulation by the State on the service of fire equipment
5under this Act. This Section is a limitation under subsection
6(i) of Section 6 of Article VII of the Illinois Constitution on
7the concurrent exercise by home rule units of powers and
8functions exercised by the State.
 
9    (225 ILCS 217/20)
10    (Section scheduled to be repealed on January 1, 2023)
11    Sec. 20. Deposit of fees and fines. All fees and fines
12collected under this Act shall be deposited into the Fire
13Prevention Fund.
14(Source: P.A. 96-1499, eff. 1-18-11.)
 
15    (225 ILCS 217/30)
16    (Section scheduled to be repealed on January 1, 2023)
17    Sec. 30. Rules; report.
18    (a) The State Fire Marshal shall adopt rules consistent
19with the provisions of this Act for the administration and
20enforcement thereof, and may prescribe forms that shall be
21issued in connection therewith. The rules shall include
22standards and criteria for registration, professional conduct,
23and discipline. The Office may, by rule, establish fees,
24including, but not limited to, license fees, reinstatement

 

 

10200HB1449ham001- 11 -LRB102 03465 AMQ 38210 a

1fees, and processing fees.
2    (b) (Blank).
3    (c) (Blank).
4    (d) In the adopting of rules relating to fire equipment
5distributors and employees, the State Fire Marshal shall be
6guided by the national fire safety standards and codes and
7fire equipment and facility standards and code, including, but
8not limited to, those adopted by the National Fire Protection
9Association and the National Association of Fire Equipment
10Distributors.
11    (e) In the adopting of rules relating to the maintenance
12and operation of hydrostatic testing equipment and tools for
13all fire equipment distributors and employees, the State Fire
14Marshal shall be guided by the requirements of the United
15States Department of Transportation as set forth in Section
16173.34(e)(1) of Title 49 of Code of Federal Regulations.
17    (f) The State Fire Marshal shall by rule establish
18procedures for a candidate an applicant for any class fire
19equipment employee license to work for a licensed fire
20equipment distributor for training.
21    (g) The rules adopted by the Office of the State Fire
22Marshal under the Fire Equipment Distributor and Employee
23Regulation Act of 2000 shall remain in effect until such time
24as the Office of the State Fire Marshal adopts rules under this
25Act.
26    (h) (Blank).

 

 

10200HB1449ham001- 12 -LRB102 03465 AMQ 38210 a

1    (i) Unless the Office adopts rules to the contrary,
2licenses issued before July 1, 2023 shall be valid for a period
3of one year and licenses issued on or after July 1, 2023 shall
4be valid for a period of 3 years.
5(Source: P.A. 96-1499, eff. 1-18-11; 97-979, eff. 8-17-12.)
 
6    (225 ILCS 217/40)
7    (Section scheduled to be repealed on January 1, 2023)
8    Sec. 40. Qualifications for licensure; fees.
9    (a) No person shall engage in practice as a fire equipment
10distributor or fire equipment employee without first applying
11for and obtaining a license for that purpose from the Office of
12the State Fire Marshal.
13    (b) To qualify for a Class A Fire Equipment Distributor
14License to service, recharge, hydro-test, install, maintain,
15or inspect all types of fire extinguishers, an applicant shall
16employ a currently licensed Class 1 Fire Equipment Employee
17and must provide all of the following:
18        (1) A An annual license fee as determined by rule of
19    $100.
20        (2) Evidence of current registration as an Illinois
21    corporation or other business entity and, when applicable,
22    evidence of compliance with the Assumed Business Name Act
23    and a current list of officers.
24        (3) Evidence of financial responsibility in a minimum
25    amount of $1,000,000 $300,000 through liability insurance,

 

 

10200HB1449ham001- 13 -LRB102 03465 AMQ 38210 a

1    self-insurance, group insurance, group self-insurance, or
2    risk retention groups.
3        (3.5) Evidence of workers' compensation insurance
4    covering its employees or approval as a self-insurer of
5    workers' compensation in accordance with the laws of this
6    State.
7        (4) Evidence of owning, leasing, renting, or having
8    access to proper testing equipment that is in compliance
9    with the national standards adopted by the State Fire
10    Marshal for the maintenance and operation of testing tools
11    for use with all Class A fire equipment.
12    (c) To qualify for a Class B Fire Equipment Distributor
13License to service, recharge, hydro-test, install, maintain,
14or inspect all types of pre-engineered fire extinguishing
15systems, an applicant shall employ a currently licensed Class
162K Fire Equipment Employee or Class 2I Fire Equipment Employee
17and must provide all of the following:
18        (1) A An annual license fee as determined by rule of
19    $200.
20        (2) Evidence of current registration as an Illinois
21    corporation or other business entity and, when applicable,
22    evidence of compliance with the Assumed Business Name Act
23    and a current list of officers.
24        (3) Evidence of financial responsibility in a minimum
25    amount of $1,000,000 $300,000 through liability insurance,
26    self-insurance, group insurance, group self-insurance, or

 

 

10200HB1449ham001- 14 -LRB102 03465 AMQ 38210 a

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

 

 

10200HB1449ham001- 15 -LRB102 03465 AMQ 38210 a

1    covering its employees or approval as a self-insurer of
2    workers' compensation in accordance with the laws of this
3    State.
4        (4) Evidence of owning, leasing, renting, or having
5    access to proper testing equipment that is in compliance
6    with the national standards adopted by the State Fire
7    Marshal for the maintenance and operation of testing tools
8    for use with all Class C fire equipment.
9    (e) To qualify for a Class 1 Fire Equipment Employee
10License to service, recharge, hydro-test, install, maintain,
11or inspect all types of fire extinguishers, a candidate shall
12an applicant must complete all of the following:
13        (1) Current certification by ICC or NAFED in Portable
14    Fire Extinguishers Pass the ICC/NAFED examination
15    administered by the ICC as a technician certified to
16    service a Portable Fire Extinguisher.
17        (2) Pay a an annual license fee as determined by rule
18    of $20.
19        (3) Provide a digital color photograph of sufficient
20    quality 2 copies of a current photograph at least 1" x 1"
21    in size. A candidate An applicant who is 21 years of age or
22    older seeking a religious exemption to this photograph
23    requirement shall furnish with the his or her application
24    an approved copy of United States Department of the
25    Treasury Internal Revenue Service Form 4029. Regardless of
26    age, a candidate an applicant seeking a religious

 

 

10200HB1449ham001- 16 -LRB102 03465 AMQ 38210 a

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

 

 

10200HB1449ham001- 17 -LRB102 03465 AMQ 38210 a

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

 

 

10200HB1449ham001- 18 -LRB102 03465 AMQ 38210 a

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

 

 

10200HB1449ham001- 19 -LRB102 03465 AMQ 38210 a

1    photograph.
2        (4) Provide a copy of a valid government-issued photo
3    identification.
4    (h) (Blank). All licenses issued under this Act shall
5remain in effect unless the licensee is otherwise notified by
6the Office of the State Fire Marshal.
7(Source: P.A. 97-979, eff. 8-17-12; 98-848, eff. 1-1-15.)
 
8    (225 ILCS 217/45)
9    (Section scheduled to be repealed on January 1, 2023)
10    Sec. 45. Applications. Each application for a license to
11practice under this Act shall be in writing and signed by the
12applicant on forms provided by the State Fire Marshal. Each
13application for a fire equipment distributor license shall be
14signed by an authorized officer of the fire equipment
15distributor. Each application for an employee license shall be
16signed by an authorized officer of the fire equipment
17distributor and by the candidate for the employee license.
18(Source: P.A. 96-1499, eff. 1-18-11.)
 
19    (225 ILCS 217/60)
20    (Section scheduled to be repealed on January 1, 2023)
21    Sec. 60. Issuance of license; renewal.
22    (a) The Office State Fire Marshal shall, upon the
23applicant's satisfactory completion of the requirements
24authorized under this Act and upon receipt of the requisite

 

 

10200HB1449ham001- 20 -LRB102 03465 AMQ 38210 a

1fees, issue the appropriate license and certificate or wallet
2card, as applicable, showing the name and business location of
3the licensee, and the dates of issuance and expiration. For an
4employee license, the wallet card shall also contain a
5photograph of the licensee, unless the licensee has a
6religious exemption in accordance with Section 40. , and shall
7contain a photograph of the licensee provided to the State
8Fire Marshal. An applicant who is 21 years of age or older
9seeking a religious exemption to the photograph required by
10this subsection shall furnish with his or her application an
11approved copy of United States Department of the Treasury
12Internal Revenue Service Form 4029. Regardless of age, an
13applicant seeking a religious exemption to this photograph
14requirement shall submit fingerprints in a form and manner
15prescribed by the State Fire Marshal with his or her
16application in lieu of a photograph.
17    (b) (Blank). Any license valid on December 31, 2010 under
18the Fire Equipment Distributor and Employee Regulation Act of
192000 shall be a valid license under this Act and expires when
20the valid license issued under the Fire Equipment Distributor
21and Employee Regulation Act of 2000 was scheduled to expire.
22    (c) An applicant for license renewal shall, at the time of
23renewal application, provide proof of qualifications for
24licensure under Section 40 for the respective license to the
25Office. Upon receipt of the requisite fees, the Office shall
26issue the license in accordance with subsection (a). Each

 

 

10200HB1449ham001- 21 -LRB102 03465 AMQ 38210 a

1licensee may apply for renewal of his license upon payment of
2fees, as set forth in this Act. The expiration date and renewal
3period for each license issued under this Act shall be set by
4rule. Failure to renew by within 60 days of the expiration date
5shall lapse the license. A lapsed license may not be renewed
6reinstated until a written application is filed, an applicant
7has demonstrated proof of qualifications for licensure, and
8the renewal fee is paid, and a $50 reinstatement fee is paid.
9If not renewed, a license shall become inactive following 60
10days after the expiration date of the license. An inactive
11license may not be reinstated until a written application is
12filed, an applicant has demonstrated proof of qualifications
13for licensure, the renewal fee is paid, and the reinstatement
14fee is paid. A license may not be reinstated after one year
15from the expiration date of the license. Renewal and
16reinstatement fees shall be waived for persons who did not
17renew while on active duty in the military and who file for
18renewal or reinstatement restoration within one year after
19discharge from such service. A lapsed license may not be
20reinstated after 5 years have elapsed, except upon passing an
21examination to determine fitness to have the license restored
22and by paying the required fees.
23    (d) As a condition of renewal of a license, the State Fire
24Marshal may require the licensee to report information
25pertaining to the licensee's his practice which the State Fire
26Marshal determines to be in the interest of public safety.

 

 

10200HB1449ham001- 22 -LRB102 03465 AMQ 38210 a

1    (e) All fees paid under this Act are non-refundable. This
2shall not preclude the State Fire Marshal from refunding
3accidental overpayment of fees.
4(Source: P.A. 98-848, eff. 1-1-15.)
 
5    (225 ILCS 217/62 new)
6    Sec. 62. Notification of employment termination; automatic
7suspension of license.
8    (a) When employment of an employee licensee is terminated,
9whether voluntary or involuntary, the fire equipment
10distributor shall notify the Office, in a manner prescribed by
11the Office, of the termination within 5 business days. The
12failure to timely notify the Office of the termination shall
13subject the fire equipment distributor to discipline under
14this Act. The license of any employee licensee whose
15employment with a fire equipment distributor is terminated
16shall automatically become inactive immediately upon the
17termination, and the individual shall not be authorized to
18practice until the individual holds a valid employee license.
19    (b) Beginning July 1, 2023, if a licensee fails to meet the
20requirements of Section 40, the license shall automatically be
21suspended. A license suspended under this Section may be
22reinstated upon meeting the requirements of Section 40,
23submission of a reinstatement application, and payment of a
24reinstatement fee.
 

 

 

10200HB1449ham001- 23 -LRB102 03465 AMQ 38210 a

1    (225 ILCS 217/65)
2    (Section scheduled to be repealed on January 1, 2023)
3    Sec. 65. Returned checks; notification of lapsed or
4inactive license. The Office may require that any Any person
5who on 2 or more occasions issues or delivers a check or other
6order to the Office State Fire Marshal that is not honored by
7the financial institution upon which it is drawn because of
8insufficient funds on account shall pay to the State Fire
9Marshal, in addition to the amount owing upon the check or
10other order, a fee of $50. The State Fire Marshal shall notify
11the licensee whose license has lapsed or become inactive,
12within 30 days after the discovery by the State Fire Marshal
13that the licensee is practicing without a current license,
14that the individual, person, or distributor is acting as a
15fire equipment distributor or employee, as the case may be,
16without a license, and the amount due to the State Fire
17Marshal, which shall include the lapsed renewal fee,
18reinstatement fee, and all other fees required in order to
19renew or reinstate the license by this Section. If after the
20expiration of 30 days from the date of such notification, the
21licensee whose license has lapsed seeks a current license, he
22shall thereafter apply to the State Fire Marshal for
23reinstatement of the license and pay all fees due to the State
24Fire Marshal. The State Fire Marshal may establish a fee for
25the processing of an application for reinstatement of a
26license that allows the State Fire Marshal to pay all costs and

 

 

10200HB1449ham001- 24 -LRB102 03465 AMQ 38210 a

1expenses incident to the processing of this application. The
2State Fire Marshal may waive the fees due under this Section in
3individual cases where he finds that the fees would be
4unreasonable or unnecessarily burdensome.
5(Source: P.A. 96-1499, eff. 1-18-11.)
 
6    (225 ILCS 217/70)
7    (Section scheduled to be repealed on January 1, 2023)
8    Sec. 70. Change of address; display of license; duplicate
9license or certificate.
10    (a) A licensee shall report a change in home or office
11address within 10 days of when it occurs.
12    (b) Each licensee shall prominently display the his or her
13license to practice at each place from which the practice is
14being performed. A fire equipment distributor licensee shall
15have a separate license for each business location within the
16State or outside the State if the business location is
17responsible for the performance of any applicable work under
18this Act performed within the State. If more than one location
19is used, branch office certificates shall be issued upon
20payment of the fees to be established by the State Fire
21Marshal. Each fire equipment employee shall carry on his or
22her person a wallet card issued by the State Fire Marshal.
23    (c) If a license or certificate is lost, a duplicate shall
24be issued upon payment of the required fee to be established by
25the State Fire Marshal. If a licensee wishes to change the name

 

 

10200HB1449ham001- 25 -LRB102 03465 AMQ 38210 a

1on the license his or her name, the State Fire Marshal shall
2issue a license in the new name upon satisfactory proof that
3such change was done in accordance with law and upon payment of
4the required fee as determined by rule.
5    (d) Each licensee shall permit the licensee's his or her
6facilities to be inspected by representatives of the State
7Fire Marshal.
8(Source: P.A. 96-1499, eff. 1-18-11.)
 
9    (225 ILCS 217/75)
10    (Section scheduled to be repealed on January 1, 2023)
11    Sec. 75. Grounds for disciplinary sanctions. Licensees
12subject to this Act shall conduct their practice in accordance
13with this Act and with any rules adopted under this Act. The
14State Fire Marshal may refuse to issue or renew any license and
15it may suspend or revoke any license or may place on probation,
16censure, reprimand, or take other disciplinary action deemed
17appropriate by the State Fire Marshal and enumerated in this
18Act, including the imposition of fines not to exceed $5,000
19for each violation, with regard to any license issued under
20this Act for any one or more of the reasons enumerated in this
21Section. Any civil penalty assessed by the State Fire Marshal
22pursuant to this Act shall be paid within 60 days after the
23effective date of the order imposing the civil penalty. The
24order shall constitute a judgment and may be filed and
25executed in the same manner as any judgment from any court of

 

 

10200HB1449ham001- 26 -LRB102 03465 AMQ 38210 a

1record.
2    Grounds for discipline under this Act are:
3        (1) fraud or material deception in obtaining or
4    renewing of a license;
5        (2) professional incompetence as manifested by poor
6    standards of service;
7        (3) engaging in dishonorable, unethical, or
8    unprofessional conduct of a character likely to deceive,
9    defraud, or harm the public in the course of professional
10    services or activities;
11        (4) conviction of any crime by a licensee that has a
12    substantial relationship to his or her practice or an
13    essential element of which is misstatement, fraud, or
14    dishonesty, or conviction in this or another state of any
15    crime that is a felony under the laws of Illinois or
16    conviction of a felony in a federal court, unless the
17    person demonstrates that he or she has been sufficiently
18    rehabilitated to warrant the public trust;
19        (5) performing any services in a grossly negligent
20    manner or permitting any of his or her licensed employees
21    to perform services in a grossly negligent manner,
22    regardless of whether actual damage or damages to the
23    public is established;
24        (6) (blank); habitual drunkenness or habitual
25    addiction to the use of morphine, cocaine, controlled
26    substances, or other habit-forming drugs;

 

 

10200HB1449ham001- 27 -LRB102 03465 AMQ 38210 a

1        (7) directly or indirectly willfully receiving
2    compensation for any professional services not actually
3    rendered;
4        (8) having disciplinary action taken against his or
5    her license in another state;
6        (9) making differential treatment against any person
7    to his or her detriment because of race, color, creed,
8    sex, religion, or national origin;
9        (10) engaging in unprofessional conduct;
10        (11) engaging in false or misleading advertising;
11        (12) contracting or assisting unlicensed persons to
12    perform services for which a license is required under
13    this Act;
14        (13) permitting the use of his or her license to
15    enable any unlicensed person or agency to operate as a
16    licensee;
17        (14) performing and charging for services without
18    having authorization to do so from the member of the
19    public being served;
20        (15) failure to comply with any provision of this Act
21    or the rules adopted under this Act;
22        (16) conducting business regulated by this Act without
23    a currently valid license; and .
24        (17) engaging in any unethical or criminal activity
25    incidental to activities within the scope of licensure.
26(Source: P.A. 96-1499, eff. 1-18-11; 97-979, eff. 8-17-12.)
 

 

 

10200HB1449ham001- 28 -LRB102 03465 AMQ 38210 a

1    (225 ILCS 217/80)
2    (Section scheduled to be repealed on January 1, 2023)
3    Sec. 80. Complaints. All complaints concerning violations
4regarding licensees or unlicensed activity shall be received
5and logged by the State Fire Marshal and reported to the Board.
6(Source: P.A. 96-1499, eff. 1-18-11.)
 
7    (225 ILCS 217/82)
8    (Section scheduled to be repealed on January 1, 2023)
9    Sec. 82. Investigations or records. The State Fire Marshal
10may investigate the actions or statements of any candidate or
11applicant or any person, firm, association, or corporation
12holding or claiming to hold a license under this Act. Before
13revoking, suspending, reprimanding, or taking any other
14disciplinary action permitted under this Act, the State Fire
15Marshal may issue a citation, refer the matter for
16prosecution, or institute formal charges as provided for in
17this Act.
18    All licensees under this Act shall maintain records of any
19service performed under this Act for a period of not less than
203 years. These records shall include, at minimum, the name and
21license number, if available, of any individual who performs
22service of fire equipment under this Act, the date of service,
23location of service, and class of fire equipment serviced.
24    A copy of all files, documents, records, data, or other

 

 

10200HB1449ham001- 29 -LRB102 03465 AMQ 38210 a

1information, including those that are electronically stored,
2relevant to the service of fire equipment under this Act or the
3activities of a licensee under this Act, shall be made
4available to the Office within 15 days of request by the
5Office, unless the Office agrees to an extension of that
6period.
7    The failure or refusal to make these records available
8shall be grounds for disciplinary action.
9(Source: P.A. 97-979, eff. 8-17-12.)
 
10    (225 ILCS 217/83)
11    (Section scheduled to be repealed on January 1, 2023)
12    Sec. 83. Citations.
13    (a) The State Fire Marshal may adopt rules to permit the
14issuance of citations for certain violations of this Act or
15the rules adopted under this Act. The citation shall be issued
16to the licensee or other person doing business without the
17required license and shall contain the person's licensee's
18name and address, the licensee's license number, if
19applicable, a brief factual statement, the Sections of the law
20or rules allegedly violated, and the penalty imposed. The
21citation must clearly state that the person licensee may
22choose, in lieu of accepting the citation, to request a
23hearing to appeal on the date and at the place specified on the
24citation. The citation shall not provide a hearing date less
25than 30 days after the citation's issuance date. Any dispute

 

 

10200HB1449ham001- 30 -LRB102 03465 AMQ 38210 a

1filed by the person licensee with the State Fire Marshal shall
2comply with the requirements for a written answer set forth in
3subsection (a) of Section 85 of this Act. If the person
4licensee does not file a written appeal of dispute the
5citation with the State Fire Marshal within 20 days after the
6citation is served, then the citation shall become a final
7order and shall constitute discipline. The penalty shall be a
8fine or other conditions as established by rule.
9    (b) The State Fire Marshal shall adopt rules designating
10violations for which a citation may be issued, which may
11specify separate hearing procedures for appeals of the
12citations so long as the hearing procedures are not
13inconsistent with the Illinois Administrative Procedure Act.
14Such rules shall identify citation violations for those
15violations for which there is, in the determination of the
16State Fire Marshal or his or her designee, no substantial
17threat to the public health, safety, or welfare. Citations
18shall not be utilized if, in the determination of the State
19Fire Marshal or his or her designee, significant consumer harm
20resulted from the violation.
21    (c) (Blank). A citation must be issued within 6 months
22after the State Fire Marshal became first aware of the facts
23forming the basis for the citation.
24    (d) Service of a citation may be made by personal service
25or certified mail to the licensee or other person doing
26business without the required license at the person's last

 

 

10200HB1449ham001- 31 -LRB102 03465 AMQ 38210 a

1known address licensee's address of record.
2(Source: P.A. 97-979, eff. 8-17-12.)
 
3    (225 ILCS 217/85)
4    (Section scheduled to be repealed on January 1, 2023)
5    Sec. 85. Formal charges.
6    (a) Before revoking, suspending, annulling, withdrawing,
7amending materially, or refusing to renew any valid license,
8the State Fire Marshal shall file formal charges against the
9licensee. The formal charges shall, at a minimum, inform the
10licensee of the facts that make up the basis of the charge and
11that are specific enough to enable the licensee to defend
12himself.
13    (b) Each licensee whose conduct is the subject of a formal
14charge that seeks to impose disciplinary action against the
15licensee shall be served notice of said formal charge at least
1630 days before the date of the hearing, which shall be presided
17over by a hearing officer authorized by the State Fire
18Marshal. Service shall be considered to have been given if the
19notice was personally received by the licensee or if the
20notice was sent by certified mail, return receipt requested to
21the licensee at the licensee's last known address, as listed
22with the State Fire Marshal.
23    (c) The notice of formal charges shall consist at a
24minimum of the following information:
25        (1) the time, place, and date of the hearing;

 

 

10200HB1449ham001- 32 -LRB102 03465 AMQ 38210 a

1        (2) that the licensee shall appear personally at the
2    hearing and may be represented by counsel;
3        (3) that the licensee shall have the right to produce
4    witnesses and evidence on the licensee's in his behalf and
5    shall have the right to cross-examine witnesses and refute
6    evidence produced against the licensee him or her;
7        (4) that the hearing could result in disciplinary
8    action being taken against the his or her license;
9        (5) that rules for the conduct of these hearings exist
10    and it may be in the licensee's best interest to obtain a
11    copy;
12        (6) that a hearing officer authorized by the State
13    Fire Marshal shall preside at the hearing and following
14    the conclusion of said hearing shall make findings of
15    fact, conclusions of law, and recommendations, separately
16    stated, to the State Fire Marshal as to what disciplinary
17    action, if any, should be imposed on the licensee;
18        (7) that the State Fire Marshal may continue such
19    hearing;
20        (8) that the licensee shall file a written answer to
21    the charges with the State Fire Marshal under oath within
22    20 days after service of the notice; and
23        (9) that if the accused fails to answer, a default
24    judgment shall be taken against him, her, or it, or that
25    his, her, or its license may be suspended, revoked, placed
26    on probationary status, or subject to other disciplinary

 

 

10200HB1449ham001- 33 -LRB102 03465 AMQ 38210 a

1    action as the State Fire Marshal deems proper, without a
2    hearing, if the act or acts charged constitute sufficient
3    grounds for such action under this Act.
4    (d) The hearing officer authorized by the State Fire
5Marshal shall hear evidence produced in support of the formal
6charges and contrary evidence produced by the licensee, if
7any. At the conclusion of the hearing, the hearing officer
8shall make findings of fact, conclusions of law, and
9recommendations, separately stated, and submit them to the
10State Fire Marshal and to all parties to the proceeding.
11Submission to the licensee shall be considered as having been
12made if done in a similar fashion as service of the notice of
13formal charges. Within 20 days after such service, any party
14to the proceeding may present to the State Fire Marshal a
15motion, in writing, for a rehearing which written motion shall
16specify the particular grounds therefor.
17    (e) The State Fire Marshal, following the time allowed for
18filing a motion for rehearing, shall review the hearing
19officer's findings of fact, conclusions of law, and
20recommendations, and any motions filed subsequent thereto.
21After review of such information the State Fire Marshal may
22hear oral arguments and thereafter shall issue an order. The
23report of findings of fact, conclusions of law, and
24recommendations of the hearing officer shall be the basis for
25the State Fire Marshal's order. If the State Fire Marshal
26finds that substantial justice was not done, he or she may

 

 

10200HB1449ham001- 34 -LRB102 03465 AMQ 38210 a

1issue an order in contravention of the findings of fact,
2conclusions of law, and recommendations of the hearing
3officer. The finding is not admissible in evidence against the
4person in criminal prosecution brought for the violation of
5this Act, but the hearing and findings are not a bar to a
6criminal prosecution brought for the violation of this Act.
7    (f) All proceedings under this Section are matters of
8public record and shall be preserved.
9(Source: P.A. 96-1499, eff. 1-18-11; 97-979, eff. 8-17-12.)
 
10    (225 ILCS 217/90)
11    (Section scheduled to be repealed on January 1, 2023)
12    Sec. 90. Disciplinary sanctions; hearings.
13    (a) The State Fire Marshal shall impose any of the
14following sanctions, singly or in combination, when he or she
15finds that a licensee is guilty of any offense described in
16Section 75:
17        (1) revocation;
18        (2) suspension for any period of time;
19        (3) reprimand or censure;
20        (4) (blank); placement on probationary status and the
21    requirement of the submission of any of the following:
22            (i) report regularly to the Board or State Fire
23        Marshal upon matters that are the basis of the
24        probation;
25            (ii) continuation or renewal of professional

 

 

10200HB1449ham001- 35 -LRB102 03465 AMQ 38210 a

1        education until a satisfactory degree of skill has
2        been attained in those areas that are the basis of the
3        probation; or
4            (iii) such other reasonable requirements or
5        restrictions as are proper;
6        (5) refusal to issue, renew, or reinstate restore;
7        (6) (blank); or revocation of probation that has been
8    granted and imposition of any other discipline in this
9    subsection (a) when the requirements of probation have not
10    been fulfilled or have been violated; or
11        (7) imposition of a fine not to exceed $5,000 for each
12    violation of this Act or the rules adopted under this Act.
13    (b) The State Fire Marshal may summarily suspend a license
14under this Act, without a hearing, simultaneously with the
15filing of a formal complaint and notice for a hearing provided
16under this Section if the State Fire Marshal finds that the
17continued operations of the individual would constitute an
18immediate danger to the public. In the event the State Fire
19Marshal suspends a license under this subsection, a hearing by
20the hearing officer designated by the State Fire Marshal shall
21begin within 20 days after such suspension begins, unless
22continued at the request of the licensee.
23    (c) Disposition may be made of any formal complaint by
24consent order between the State Fire Marshal and the licensee.
25    (d) The State Fire Marshal shall reinstate any license to
26good standing under this Act, upon recommendation to the State

 

 

10200HB1449ham001- 36 -LRB102 03465 AMQ 38210 a

1Fire Marshal, after a hearing before the hearing officer
2authorized by the State Fire Marshal. The State Fire Marshal
3shall be satisfied that the applicant's renewed practice is
4not contrary to the public interest.
5    (e) (Blank). The State Fire Marshal may order a licensee
6to submit to a reasonable physical examination if his or her
7physical capacity to practice safely is at issue in a
8disciplinary proceeding. Failure to comply with a State Fire
9Marshal order to submit to a physical examination shall render
10a licensee liable to the summary suspension procedures
11described in this Section.
12    (f) (Blank). The State Fire Marshal may conduct hearings
13and issue cease and desist orders to persons who engage in
14activities prohibited by this Act without having a valid
15license, certificate, or registration. Any person in violation
16of a cease and desist order entered by the State Fire Marshal
17shall be subject to all of the remedies provided by law, and in
18addition, shall be subject to a civil penalty payable to the
19party injured by the violation.
20    (g) The State Fire Marshal shall seek to achieve
21consistency in the application of the foregoing sanctions and
22consent orders and significant departure from prior decisions
23involving similar conduct shall be explained in the State Fire
24Marshal's orders.
25(Source: P.A. 96-1499, eff. 1-18-11; 97-979, eff. 8-17-12.)
 

 

 

10200HB1449ham001- 37 -LRB102 03465 AMQ 38210 a

1    (225 ILCS 217/115)
2    (Section scheduled to be repealed on January 1, 2023)
3    Sec. 115. Publication of records. The State Fire Marshal
4shall, upon request, publish a list of the names and addresses
5of all fire equipment distributor licensees and the names of
6all fire equipment employee licensees under the provisions of
7this Act. The State Fire Marshal shall publish a list of all
8persons whose licenses have been disciplined within one year,
9and a quarterly list of each individual who was denied
10employment status because of a criminal history, together with
11such other information as it may deem of interest to the
12public.
13(Source: P.A. 96-1499, eff. 1-18-11.)
 
14    Section 15. The Elevator Safety and Regulation Act is
15amended by changing Sections 10, 15, 25, 35, 95, and 140 as
16follows:
 
17    (225 ILCS 312/10)
18    (Section scheduled to be repealed on January 1, 2023)
19    Sec. 10. Applicability.
20    (a) This Act covers the construction, operation,
21inspection, testing, maintenance, alteration, and repair of
22the following equipment, its associated parts, and its
23hoistways (except as modified by subsection (c) of this
24Section):

 

 

10200HB1449ham001- 38 -LRB102 03465 AMQ 38210 a

1        (1) Hoisting and lowering mechanisms equipped with a
2    car or platform, which move between 2 or more landings.
3    This equipment includes, but is not limited to, the
4    following (also see ASME A17.1, ASME A17.3, and ASME
5    A18.1):
6            (A) Elevators.
7            (B) Platform lifts and stairway chair lifts.
8        (2) Power driven stairways and walkways for carrying
9    persons between landings. This equipment includes, but is
10    not limited to, the following (also see ASME A17.1 and
11    ASME A17.3):
12            (A) Escalators.
13            (B) Moving walks.
14        (3) Hoisting and lowering mechanisms equipped with a
15    car, which serves 2 or more landings and is restricted to
16    the carrying of material by its limited size or limited
17    access to the car. This equipment includes, but is not
18    limited to, the following (also see ASME A17.1 and ASME
19    A17.3):
20            (A) Dumbwaiters.
21            (B) Material lifts and dumbwaiters with automatic
22        transfer devices.
23    (b) This Act covers the construction, operation,
24inspection, maintenance, alteration, and repair of automatic
25guided transit vehicles on guideways with an exclusive
26right-of-way. This equipment includes, but is not limited to,

 

 

10200HB1449ham001- 39 -LRB102 03465 AMQ 38210 a

1automated people movers (also see ASCE 21).
2    (c) This Act does not apply to the following equipment:
3        (1) Material hoists within the scope of ANSI A10.5.
4        (2) Manlifts within the scope of ASME A90.1.
5        (3) Mobile scaffolds, towers, and platforms within the
6    scope of ANSI A92.
7        (4) Powered platforms and equipment for exterior and
8    interior maintenance within the scope of ANSI 120.1.
9        (5) Conveyors and related equipment within the scope
10    of ASME B20.1.
11        (6) Cranes, derricks, hoists, hooks, jacks, and slings
12    within the scope of ASME B30.
13        (7) Industrial trucks within the scope of ASME B56.
14        (8) Portable equipment, except for portable escalators
15    that are covered by ANSI A17.1.
16        (9) Tiering or piling machines used to move materials
17    to and from storage located and operating entirely within
18    one story.
19        (10) Equipment for feeding or positioning materials at
20    machine tools, printing presses, etc.
21        (11) Skip or furnace hoists.
22        (12) Wharf ramps.
23        (13) Railroad car lifts or dumpers.
24        (14) Line jacks, false cars, shafters, moving
25    platforms, and similar equipment used for installing an
26    elevator by a contractor licensed in this State.

 

 

10200HB1449ham001- 40 -LRB102 03465 AMQ 38210 a

1        (15) (Blank).
2        (16) Conveyances located in a private residence not
3    accessible to the public.
4        (17) Special purpose personnel elevators within the
5    scope of ASME A17.1 and used only by authorized personnel.
6        (18) Personnel hoists within the scope of ANSI A10.4.
7        (19) Wind turbine tower elevators within the scope of
8    ASME A17.8.
9    (d) This Act does not apply to a municipality with a
10population over 500,000 with the exception of any State-owned
11building within such municipality.
12(Source: P.A. 95-573, eff. 8-31-07; 96-54, eff. 7-23-09;
1396-342, eff. 8-11-09; 96-1000, eff. 7-2-10.)
 
14    (225 ILCS 312/15)
15    (Section scheduled to be repealed on January 1, 2023)
16    Sec. 15. Definitions. For the purpose of this Act:
17    "Administrator" means the Office of the State Fire
18Marshal.
19    "Alteration" means any change to equipment, including its
20parts, components, or subsystems, other than maintenance,
21repair, or replacement of the equipment, including its parts,
22components, or subsystems.
23    "ANSI A10.4" means the safety requirements for personnel
24hoists, an American National Standard.
25    "ASCE 21" means the American Society of Civil Engineers

 

 

10200HB1449ham001- 41 -LRB102 03465 AMQ 38210 a

1Automated People Mover Standards.
2    "ASME A17.1" means the Safety Code for Elevators and
3Escalators, an American National Standard, and CSA B44, the
4National Standard of Canada.
5    "ASME A17.3" means the Safety Code for Existing Elevators
6and Escalators, an American National Standard.
7    "ASME A17.7" means the Performance-Based Safety Code for
8Elevators and Escalators, an American National Standard, and
9CSA B44.7, the National Standard of Canada.
10    "ASME A18.1" means the Safety Standard for Platform Lifts
11and Stairway Chairlifts, an American National Standard.
12    "Automated people mover" means an installation as defined
13as an "automated people mover" in ASCE 21.
14    "Board" means the Elevator Safety Review Board.
15    "Certificate of operation" means a certificate issued by
16the Administrator or the Local Administrator that indicates
17that the conveyance: has passed the required safety inspection
18and tests; has been registered; and fees have been paid as set
19forth in this Act.
20    "Conveyance" means any elevator, dumbwaiter, escalator,
21moving sidewalk, platform lifts, stairway chairlifts and
22automated people movers.
23    "Elevator" means an installation defined as an "elevator"
24in ASME A17.1.
25    "Elevator contractor" means any person, firm, or
26corporation who possesses an elevator contractor's license in

 

 

10200HB1449ham001- 42 -LRB102 03465 AMQ 38210 a

1accordance with the provisions of Sections 40 and 55 of this
2Act and who is engaged in the business of erecting,
3constructing, installing, altering, servicing, repairing, or
4maintaining elevators or related conveyance covered by this
5Act.
6    "Elevator contractor's license" means a license issued to
7an elevator contractor who has proven his or her
8qualifications and ability and has been authorized by the
9Administrator to work on conveyance equipment. It shall
10entitle the holder thereof to engage in the business of
11constructing, installing, altering, servicing, testing,
12repairing, or maintaining and performing electrical work on
13elevators or related conveyances covered by this Act within
14any building or structure, including, but not limited to,
15private residences. The Administrator may issue a limited
16elevator contractor's license authorizing a firm or company
17that employs individuals to carry on a business of erecting,
18constructing, installing, altering, servicing, repairing, or
19maintaining a specific type of conveyance within any building
20or structure, excluding private residences.
21    "Elevator helper" means an individual registered with the
22Administrator who works under the general direction of a
23licensed elevator mechanic. Licensure is not required for an
24elevator helper.
25    "Elevator industry apprentice" means an individual who is
26enrolled in an apprenticeship program approved by the Bureau

 

 

10200HB1449ham001- 43 -LRB102 03465 AMQ 38210 a

1of Apprenticeship and Training of the U.S. Department of Labor
2and who is registered by the Administrator and works under the
3general direction of a licensed elevator mechanic. Licensure
4is not required for an elevator industry apprentice.
5    "Elevator inspector" means any inspector, as that term is
6defined in ASME QEI, who possesses an elevator inspector's
7license in accordance with the provisions of this Act.
8    "Elevator mechanic" means any person who possesses an
9elevator mechanic's license in accordance with the provisions
10of Sections 40 and 45 of this Act and who is engaged in
11erecting, constructing, installing, altering, servicing,
12repairing, or maintaining elevators or related conveyance
13covered by this Act.
14    "Elevator mechanic's license" means a license issued to a
15person who has proven his or her qualifications and ability
16and has been authorized by the Administrator to work on
17conveyance equipment. It shall entitle the holder thereof to
18install, construct, alter, service, repair, test, maintain,
19and perform electrical work on elevators or related conveyance
20covered by this Act. The Administrator may issue a limited
21elevator mechanic's license authorizing an individual to carry
22on a business of erecting, constructing, installing, altering,
23servicing, repairing, or maintaining a specific type of
24conveyance within any building or structure.
25    "Escalator" means an installation defined as an
26"escalator" in ASME A17.1.

 

 

10200HB1449ham001- 44 -LRB102 03465 AMQ 38210 a

1    "Existing installation" means an installation defined as
2an "installation, existing" in ASME A17.1.
3    "Inspector's license" or "inspection company license"
4means a license issued to an ASME QEI certified elevator
5inspector or inspection company that has proven the
6inspector's or the company's qualifications and ability and
7has been authorized by the Administrator to possess this type
8of license. It shall entitle the holder thereof to engage in
9the business of inspecting elevators or related conveyance
10covered by this Act.
11    "License" means a written license, duly issued by the
12Administrator, authorizing a person, firm, or company to carry
13on the business of erecting, constructing, installing,
14altering, servicing, repairing, maintaining, or performing
15inspections of elevators or related conveyance covered by this
16Act. New and renewed licenses issued after January 1, 2010
17will include a photo of the licensee.
18    "Local Administrator" means the municipality or
19municipalities or county or counties that entered into a local
20elevator agreement with the Administrator to operate its own
21elevator safety program in accordance with this Act and the
22adopted administrative rules.
23    "Material alteration" means an "alteration", as defined in
24the referenced standards.
25    "Moving walk" means an installation defined as a "moving
26walk" in ASME A17.1.

 

 

10200HB1449ham001- 45 -LRB102 03465 AMQ 38210 a

1    "Owner" means the owner of the conveyance, which could be
2an individual, a group of individuals, an association, trust,
3partnership, corporation, or person doing business under an
4assumed name. The owner may delegate his, her, or its
5authority to manage the day-to-day operations of the
6conveyance to another party, but may not delegate his, her, or
7its responsibilities and duties under this Act and the
8administrative rules.
9    "Private residence" means a separate dwelling or a
10separate apartment or condominium unit in a multiple-family
11dwelling that is occupied by members of a single-family unit.
12    "Repair" has the meaning set forth in the referenced
13standards. "Repair" does not require a permit.
14    "Temporarily dormant" means an elevator, dumbwaiter, or
15escalator:
16        (1) with a power supply that has been disconnected by
17    removing fuses and placing a padlock on the mainline
18    disconnect switch in the "off" position;
19        (2) with a car that is parked and hoistway doors that
20    are in the closed and latched position;
21        (3) with a wire seal on the mainline disconnect switch
22    installed by a licensed elevator inspector;
23        (4) that shall not be used again until it has been put
24    in safe running order and is in condition for use;
25        (5) requiring annual inspections for the duration of
26    the temporarily dormant status by a licensed elevator

 

 

10200HB1449ham001- 46 -LRB102 03465 AMQ 38210 a

1    inspector;
2        (6) that has a "temporarily dormant" status that is
3    renewable on an annual basis, not to exceed a 5-year
4    period;
5        (7) requiring the inspector to file a report with the
6    Administrator describing the current conditions; and
7        (8) with a wire seal and padlock that shall not be
8    removed for any purpose without permission from the
9    elevator inspector.
10    "Temporary certificate of operation" means a temporary
11certificate of operation issued by the Administrator or the
12Local Administrator that permits the temporary use of a
13non-compliant conveyance by the general public for a limited
14time of 30 days while minor repairs are being completed.
15    All other building transportation terms are as defined in
16the latest edition of ASME A17.1 and ASME A18.1.
17    "Temporary limited authority" means an authorization
18issued, for a period not to exceed one year, by the
19Administrator to an individual that the Administrator deems
20qualified to perform work on a specific type of conveyance.
21(Source: P.A. 99-22, eff. 1-1-16.)
 
22    (225 ILCS 312/25)
23    (Section scheduled to be repealed on January 1, 2023)
24    Sec. 25. Elevator Safety Review Board.
25    (a) There is hereby created within the Office of the State

 

 

10200HB1449ham001- 47 -LRB102 03465 AMQ 38210 a

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

 

 

10200HB1449ham001- 48 -LRB102 03465 AMQ 38210 a

1        (1) Of the members appointed by the Administrator, 2
2    shall serve for a term of 2 years, and one for a term of 4
3    years.
4        (2) Of the members appointed by the Governor, 2 shall
5    serve for a term of one year, 2 for terms of 2 years, 2 for
6    terms of 3 years, and 4 for terms of 4 years. The
7    representative of the advocacy group for senior citizens
8    shall serve an initial term of 4 years. The representative
9    of an advocacy group for condominium owners, the
10    representative of the institution of higher education that
11    operates an in-house elevator maintenance program, and
12    both representatives of labor involved in the
13    installation, maintenance, and repair of elevators shall
14    serve an initial term of 4 years.
15    At the expiration of their initial terms of office, the
16members or their successors shall be appointed for terms of 4
17years each. Upon the expiration of a member's term of office,
18the officer who appointed that member shall reappoint that
19member or appoint a successor who is a representative of the
20same interests with which his or her predecessor was
21identified. A member shall serve until his or her successor is
22appointed and qualified. The Administrator and the Governor
23may at any time remove any of their respective appointees for
24inefficiency or neglect of duty in office. Upon the death or
25incapacity of a member, the officer who appointed that member
26shall fill the vacancy for the remainder of the vacated term by

 

 

10200HB1449ham001- 49 -LRB102 03465 AMQ 38210 a

1appointing a member who is a representative of the same
2interests with which his or her predecessor was identified.
3The members shall serve without salary, but shall receive from
4the State expenses necessarily incurred by them in performance
5of their duties. The Governor shall appoint one of the members
6to serve as chairperson. The chairperson shall be the deciding
7vote in the event of a tie vote.
8    Nine Board members shall constitute a quorum. A quorum is
9required for all Board decisions.
10(Source: P.A. 95-573, eff. 8-31-07; 96-54, eff. 7-23-09.)
 
11    (225 ILCS 312/35)
12    (Section scheduled to be repealed on January 1, 2023)
13    Sec. 35. Powers and duties of the Board and Administrator.
14    (a) The Board shall consult with engineering authorities
15and organizations and adopt rules consistent with the
16provisions of this Act for the administration and enforcement
17of this Act. The Board may prescribe forms to be issued in
18connection with the administration and enforcement of this
19Act. The rules shall establish standards and criteria
20consistent with this Act for licensing of elevator mechanics,
21inspectors, and installers of elevators, including the
22provisions of the Safety Code for Elevators and Escalators
23(ASME A17.1), the provisions of the Performance-Based Safety
24Code for Elevators and Escalators (ASME A17.7), the Standard
25for the Qualification of Elevator Inspectors (ASME QEI-1), the

 

 

10200HB1449ham001- 50 -LRB102 03465 AMQ 38210 a

1Automated People Mover Standards (ASCE 21), the Safety
2Requirements for Personnel Hoists and Employee Elevators (ANSI
3A10.4), and the Safety Standard for Platform Lifts and
4Stairway Chairlifts (ASME A18.1). The Board shall adopt or
5amend and adopt the latest editions of the standards
6referenced in this subsection within 12 months after the
7effective date of the standards.
8    The Board shall make determinations authorized by this Act
9regarding variances, interpretations, and the installation of
10new technology. Such determinations shall have a binding
11precedential effect throughout the State regarding equipment,
12structure, or the enforcement of codes unless limited by the
13Board to the fact-specific issues.
14    (b) The Administrator or Local Administrator shall have
15the authority to grant exceptions and variances from the
16literal requirements of applicable State codes, standards, and
17regulations in cases where such variances would not jeopardize
18the public safety and welfare. The Administrator has the right
19to review and object to any exceptions or variances granted by
20the Local Administrator. The Board shall have the authority to
21hear appeals, for any denial by the Local Administrator or for
22any denial or objection by the Administrator. The Board shall
23hold hearings, and decide upon such within 30 days of the
24appeal.
25    (c) The Board shall establish fee schedules for licenses,
26and registrations issued by the Administrator. The Board shall

 

 

10200HB1449ham001- 51 -LRB102 03465 AMQ 38210 a

1also establish fee schedules for permits and certificates for
2conveyances not under a Local Administrator. The fees shall be
3set at an amount necessary to cover the actual costs and
4expenses to operate the Board and to conduct the duties as
5described in this Act.
6    (d) The Board shall be authorized to recommend the
7amendments of applicable legislation, when appropriate, to
8legislators.
9    (e) The Administrator may solicit the advice and expert
10knowledge of the Board on any matter relating to the
11administration and enforcement of this Act.
12    (f) The Administrator may employ professional, technical,
13investigative, or clerical help, on either a full-time or
14part-time basis, as may be necessary for the enforcement of
15this Act.
16    (g) (Blank).
17    (h) Notwithstanding anything else in this Section, the
18following upgrade requirements of the 2007 edition of the
19Safety Code for Elevators and Escalators (ASME A17.1) and the
202005 edition of the Safety Code for Existing Elevators (ASME
21A17.3) must be completed by January 1, 2015, but the
22Administrator or Local Administrator may not require their
23completion prior to January 1, 2013:
24        (i) (blank);
25        (ii) car illumination;
26        (iii) emergency operation and signaling devices;

 

 

10200HB1449ham001- 52 -LRB102 03465 AMQ 38210 a

1        (iv) phase reversal and failure protection;
2        (v) reopening device for power operated doors or
3    gates;
4        (vi) stop switch pits; and
5        (vii) pit ladder installation in accordance with
6    Section 2.2.4.2 of ASME A17.1-2007.
7    (h-5) Notwithstanding anything else in this Section, the
8upgrade requirements for the restricted opening of hoistway
9doors or car doors on passenger elevators as provided for in
10the 2007 edition of the Safety Code for Elevators and
11Escalators (ASME A17.1) and the 2005 edition of the Safety
12Code for Existing Elevators (ASME A17.3) must be completed by
13January 1, 2014.
14    (i) In the event that a conveyance regulated by this Act is
15altered, the alteration shall comply with the edition of ASME
16A17.1 currently adopted by the Board. Notwithstanding anything
17else in this Section, the firefighter's emergency operation,
18and the hydraulic elevator cylinder or cylinders, including
19the associated safety devices outlined in Section 4.3.3(b) of
20ASME A17.3-2005, are not required to comply with the edition
21of ASME A17.1 currently adopted by the Board be upgraded
22unless: (1) there is an alteration of the controller affecting
23operation control, motion control, or combination of the 2
24types of control, (1.1) the operation control, motion control,
25or combination of the 2 types of control are replaced, (1.2)
26there is an alteration to the hydraulic cylinder, (2) the

 

 

10200HB1449ham001- 53 -LRB102 03465 AMQ 38210 a

1equipment fails, or (3) failing to replace the equipment
2jeopardizes the public safety and welfare as determined by the
3Local Administrator or the Board.
4    (j) The Administrator may choose to require the inspection
5of any conveyance to be performed by its own inspectors or by
6third-party licensed inspectors employed by the Administrator.
7    (k) The Board shall prescribe an inspection form, which
8shall be the only inspection form used by a licensed inspector
9in the inspection of a conveyance under this Act.
10(Source: P.A. 99-22, eff. 1-1-16.)
 
11    (225 ILCS 312/95)
12    (Section scheduled to be repealed on January 1, 2023)
13    Sec. 95. New installations; annual inspections and
14registrations.
15    (a) All new conveyance installations regulated by this Act
16shall be performed by a person, firm, or company to which a
17license to install or service conveyances has been issued.
18Subsequent to installation, the licensed person, firm, or
19company must certify compliance with the applicable Sections
20of this Act. Prior to any conveyance being used, the property
21owner or lessee must obtain a certificate of operation from
22the Administrator or Local Administrator, except that the
23conveyance may be used by the public for up to 30 days after
24the initial passed acceptance inspection while the property
25owner or lessee is in the process of obtaining an initial

 

 

10200HB1449ham001- 54 -LRB102 03465 AMQ 38210 a

1certificate of operation. A fee as authorized by Section 35 of
2this Act or as set by the Local Administrator shall be paid for
3the certificate of operation. It shall be the responsibility
4of the owner to complete and submit first time registration
5for new installations and to pay the fee for registration,
6prior to the issuance of the initial certificate of operation.
7    (b) (Blank).
8    (c) A certificate of operation is renewable annually,
9except that a certificate of operation is renewable every 3
10years for a conveyance (i) that is located in a building owned
11and occupied by any church, synagogue, or other building,
12structure, or place used primarily for religious worship and
13is the only conveyance in the building, (ii) that is under the
14jurisdiction of the Administrator, (iii) that is limited in
15use to 2 levels, and (iv) for which the church, synagogue, or
16other building, structure, or place used primarily for
17religious worship has an annual maintenance examination that
18includes the applicable category tests. For these occupancies,
19on-site witnessing of the category test shall be witnessed
20every 3 years. Records of the applicable maintenance checks
21and elevator category test results shall be maintained on-site
22by the building owner. The certificates of operation or copy
23thereof, must be clearly displayed in the conveyance for the
24benefit of code enforcement staff.
25(Source: P.A. 96-54, eff. 7-23-09; 97-310, eff. 8-11-11.)
 

 

 

10200HB1449ham001- 55 -LRB102 03465 AMQ 38210 a

1    (225 ILCS 312/140)
2    (Section scheduled to be repealed on January 1, 2023)
3    Sec. 140. Local Administrator; home rule.
4    (a) The Administrator may enter into a local elevator
5agreement with municipalities or counties under which the
6Local Administrator shall (i) issue construction permits and
7certificates of operation, (ii) provide for inspection of
8elevators, including temporary operation inspections, (iii)
9grant exceptions and variances from the literal requirements
10of applicable State codes, standards, and regulations in cases
11where such variances would not jeopardize the public safety
12and welfare, and (iv) enforce the applicable provisions of the
13Act, and levy fines in accordance with the Municipal Code or
14Counties Code. The Local Administrator may choose to require
15that inspections be performed by its own inspectors or by
16private certified elevator inspectors. The Local Administrator
17may assess a reasonable fee for permits, exceptions,
18variances, certification of operation, or inspections
19performed by its inspectors. Each agreement shall include a
20provision that the Local Administrator shall maintain for
21inspection by the Administrator copies of all applications for
22permits issued, grants or denials of exceptions or variances,
23copies of each inspection report issued, and proper records
24showing the number of certificates of operation issued. Each
25agreement shall also include a provision that each required
26inspection be conducted by a certified elevator inspector and

 

 

10200HB1449ham001- 56 -LRB102 03465 AMQ 38210 a

1any other provisions deemed necessary by the Administrator.
2Any safety standards or regulations adopted by a municipality
3or county under this subsection must be at least as stringent
4as those provided for in this Act and the rules adopted under
5this Act.
6    (b) A home rule unit may not regulate the inspection or
7licensure of, or otherwise regulate, elevators and devices
8described in Section 10 of this Act in a manner less
9restrictive than the regulation by the State of those matters
10under this Act. This subsection is a limitation under
11subsection (i) of Section 6 of Article VII of the Illinois
12Constitution on the concurrent exercise by home rule units of
13powers and functions exercised by the State.
14    (c) (Blank).
15    (d) The Administrator shall be notified of any exception
16or variance granted. The Administrator may object to such
17exception or variance within 7 business days of receipt of the
18notice. Should the Administrator and Local Administrator not
19reach agreement on the exception or variance, the matter shall
20be directed to the Board to hear and decide.
21    (e) The Local Administrator shall issue the inspection
22form prescribed by the Board pursuant to subsection (k) of
23Section 35 of this Act or an inspection form identical to the
24form prescribed by the Board, which shall be the only
25inspection form used by a person, firm, or company licensed to
26inspect conveyances under this Section. A Local Administrator

 

 

10200HB1449ham001- 57 -LRB102 03465 AMQ 38210 a

1that chooses to require that inspections be performed by its
2own inspectors shall also use the inspection form prescribed
3by the Board or an inspection form that is identical to the
4form prescribed by the Board.
5(Source: P.A. 99-22, eff. 1-1-16.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.".