Full Text of HB1423 95th General Assembly
HB1423enr 95TH GENERAL ASSEMBLY
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HB1423 Enrolled |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Elevator Safety and Regulation Act is | 5 |
| amended by changing Sections 10, 15, 20, 25, 35, 40, 45, 55, | 6 |
| 70, 80, 85, 90, 100, 105, 110, and 120 as follows:
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| (225 ILCS 312/10)
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| (Section scheduled to be repealed on January 1, 2013)
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| Sec. 10. Applicability.
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| (a) This Act covers the design, construction, operation, | 11 |
| inspection,
testing,
maintenance, alteration, and repair of | 12 |
| the following equipment, its associated
parts, and
its | 13 |
| hoistways (except as modified by subsection (c) of this | 14 |
| Section):
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| (1) Hoisting and lowering mechanisms equipped with a | 16 |
| car or platform,
which move between 2 or more landings. | 17 |
| This equipment includes, but is not
limited
to, the | 18 |
| following (also see ASME A17.1, ASME A17.3, and ASME A18.1 , | 19 |
| and ANSI
A10.4 ):
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| (A) Elevators.
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| (B) Platform lifts and stairway chair lifts.
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| (2) Power driven stairways and walkways for carrying | 23 |
| persons between
landings. This equipment includes, but is |
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| not limited to, the following (also
see ASME A17.1 and ASME | 2 |
| A17.3):
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| (A) Escalators.
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| (B) Moving walks.
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| (3) Hoisting and lowering mechanisms equipped with a | 6 |
| car, which serves
2 or more landings and is restricted to | 7 |
| the carrying of material by its
limited
size or limited | 8 |
| access to the car. This equipment includes, but is not | 9 |
| limited
to, the
following (also see ASME A17.1 and ASME | 10 |
| A17.3):
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| (A) Dumbwaiters.
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| (B) Material lifts and dumbwaiters with automatic | 13 |
| transfer
devices.
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| (b) This Act covers the design, construction, operation, | 15 |
| inspection,
maintenance,
alteration, and repair of automatic | 16 |
| guided transit vehicles on guideways with
an
exclusive
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| right-of-way. This equipment includes, but is not limited to, | 18 |
| automated people
movers (also see ASCE 21).
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| (c) This Act does not apply to the following equipment:
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| (1) Material hoists within the scope of ANSI A10.5 .
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| (2) Belt manlifts
Manlifts within the scope of ASME | 22 |
| A90.1 .
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| (3) Mobile scaffolds, towers, and platforms within the | 24 |
| scope of ANSI A92 , except those covered by ANSI
A10.4 .
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| (4) Powered platforms and equipment for exterior and | 26 |
| interior
maintenance within the scope of ANSI 120.1 .
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| (5) Conveyors and related equipment within the scope of | 2 |
| ASME B20.1 .
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| (6) Cranes, derricks, hoists, hooks, jacks, and slings
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| within the scope of ASME B30 .
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| (7) Industrial trucks within the scope of ASME B56 .
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| (8) Portable equipment, except for portable escalators | 7 |
| that are covered by ANSI A17.1 .
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| (9) Tiering or piling machines used to move materials | 9 |
| to and from
storage located and operating entirely within | 10 |
| one story.
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| (10) Equipment for feeding or positioning materials at | 12 |
| machine tools,
printing presses, etc.
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| (11) Skip or furnace hoists.
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| (12) Wharf ramps.
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| (13) Railroad car lifts or dumpers.
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| (14) Line jacks, false cars, shafters, moving | 17 |
| platforms, and similar
equipment used for installing an | 18 |
| elevator by a contractor licensed in this
State.
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| (15) (Blank).
Railway and Transit Systems.
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| (16) Conveyances located in a private residence not | 21 |
| accessible to the public. | 22 |
| (17) (Blank).
Special purpose personnel elevators. | 23 |
| (d) This Act does not apply to a municipality with a | 24 |
| population over 500,000.
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| (Source: P.A. 94-698, eff. 11-22-05.)
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| (225 ILCS 312/15)
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| (Section scheduled to be repealed on January 1, 2013)
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| Sec. 15. Definitions. For the purpose of this Act:
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| "Administrator" means the Office of the State Fire Marshal.
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| "ANSI A10.4" means the safety requirements for personnel | 6 |
| hoists, an American
National Standard.
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| "ASCE 21" means the American Society of Civil Engineers | 8 |
| Automated People
Mover Standards.
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| "ASME A17.1" means the Safety Code for
Elevators and | 10 |
| Escalators, an American National Standard.
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| "ASME A17.3" means the Safety Code for
Existing Elevators | 12 |
| and Escalators, an American National Standard.
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| "ASME A18.1" means the Safety Standard for
Platform Lifts | 14 |
| and Stairway Chairlifts, an American National Standard.
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| "Automated people mover" means an
installation as defined | 16 |
| 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 | 19 |
| the Administrator
that indicates that the conveyance has passed | 20 |
| the required safety inspection
and tests and fees have been | 21 |
| paid as set forth in this Act. The Administrator
may issue a | 22 |
| temporary certificate of operation that permits the temporary | 23 |
| use
of a non-compliant conveyance by the general public for a | 24 |
| limited time of 30
days while minor repairs are being | 25 |
| completed.
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| "Conveyance" means any elevator, dumbwaiter, escalator, |
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| moving sidewalk,
platform lifts, stairway chairlifts and | 2 |
| automated people movers.
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| "Elevator" means an installation defined as an
"elevator" | 4 |
| in ASME A17.1.
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| "Elevator contractor" means any person, firm, or | 6 |
| corporation who possesses
an elevator contractor's license in | 7 |
| accordance with the provisions of Sections
40 and 55 of this | 8 |
| Act and who is engaged in the business of erecting,
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| constructing, installing, altering, servicing, repairing, or | 10 |
| maintaining
elevators or related conveyance covered by this | 11 |
| Act.
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| "Elevator contractor's license" means a license issued to | 13 |
| an elevator
contractor who has proven his or her qualifications | 14 |
| and ability and has been
authorized by the Elevator Safety | 15 |
| Review Board to work on conveyance equipment
possess this type | 16 |
| of
license . It shall entitle the holder thereof to engage in | 17 |
| the business of
erecting, constructing, installing, altering, | 18 |
| servicing, testing, repairing,
or maintaining and performing | 19 |
| electrical work on elevators or related conveyances
conveyance
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| covered by this Act within any building or structure, | 21 |
| including, but not limited to, private residences . The
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| Administrator may issue a limited elevator contractor's | 23 |
| license authorizing a
firm or company that employs individuals | 24 |
| to carry on a business of erecting,
constructing, installing, | 25 |
| altering, servicing, repairing, or maintaining
platform lifts | 26 |
| and stairway chairlifts within any building or structure,
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| excluding
private residences.
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| "Elevator helper" means an individual registered with the | 3 |
| Administrator who works
as an elevator helper. Elevator helpers | 4 |
| must work under the general direction
direct supervision of a | 5 |
| licensed elevator mechanic.
Licensure is not required for an | 6 |
| elevator helper.
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| "Elevator industry apprentice" means an individual who is | 8 |
| enrolled in an apprenticeship program approved by the Bureau of | 9 |
| Apprenticeship and Training of the U.S. Department of Labor and | 10 |
| who is registered by the Administrator and works
to perform | 11 |
| work within the elevator industry under the general direction
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| direct supervision of a licensed elevator mechanic.
Licensure | 13 |
| is not required for an elevator industry apprentice.
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| "Elevator inspector" means any person
inspector, as that | 15 |
| term is defined in ASME QEI, who possesses an elevator | 16 |
| inspector's
license in accordance with the provisions of this | 17 |
| Act.
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| "Elevator mechanic" means any person who possesses an | 19 |
| elevator mechanic's
license in accordance with the provisions | 20 |
| of Sections 40 and 45 of this Act and
who is engaged in | 21 |
| erecting, constructing, installing, altering, servicing,
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| repairing, or maintaining elevators or related conveyance | 23 |
| covered by this Act.
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| "Elevator mechanic's license" means a license issued to a | 25 |
| person who has
proven his or her qualifications and ability and | 26 |
| has been authorized by the
Elevator Safety Review Board to work |
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| on conveyance equipment. It shall entitle
the holder thereof to | 2 |
| install, construct, alter, service, repair, test,
maintain, | 3 |
| and perform electrical work on elevators or related conveyance
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| covered by this Act. The Administrator may issue a limited | 5 |
| elevator mechanic's license authorizing an individual to carry | 6 |
| on a business of erecting, constructing, installing, altering, | 7 |
| servicing, repairing, or maintaining platform lifts and | 8 |
| stairway chairlifts within any building or structure.
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| "Escalator" means an installation defined as an | 10 |
| "escalator" in ASME A17.1.
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| "Existing installation" means an installation
defined as | 12 |
| an "installation, existing" in ASME A17.1.
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| "Inspector's license" or "inspection company license"
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| means a license issued to an ASME QEI certified elevator | 15 |
| inspector or inspection company that
a person who has proven | 16 |
| the inspector's or the company's
his
or her qualifications and | 17 |
| ability and has been authorized by the Elevator
Safety Review | 18 |
| Board to possess this type of license. It shall entitle the
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| holder thereof to engage in the business of inspecting | 20 |
| elevators or related
conveyance covered by this Act.
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| "License" means a written license, duly issued by the | 22 |
| Administrator,
authorizing a person, firm, or company to carry | 23 |
| on the business of erecting,
constructing, installing, | 24 |
| altering, servicing, repairing, maintaining, or
performing | 25 |
| inspections of elevators or related conveyance covered by this | 26 |
| Act.
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| "Material alteration" means an "alteration" , as defined in | 2 |
| the referenced standards
by the Board .
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| "Moving walk" means an installation 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 or condominium unit in
a multiple-family
dwelling | 7 |
| that is occupied by members of a single-family unit.
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| "Repair" has the meaning set forth in the referenced | 9 |
| standards. "Repair"
defined by the Board, which does not | 10 |
| require a
permit.
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| "Special purpose personnel elevator" means an elevator | 12 |
| that is limited in size, capacity, and speed and that is | 13 |
| permanently installed in certain structures, including, but | 14 |
| not limited to, grain elevators, radio antenna, bridge towers, | 15 |
| underground facilities, dams, and power plants, to provide | 16 |
| vertical transportation of authorized personnel and their | 17 |
| tools and equipment only.
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| "Temporarily dormant" means an elevator, dumbwaiter, or | 19 |
| escalator:
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| (1) with a power supply that has been disconnected by | 21 |
| removing fuses and
placing a padlock on the mainline | 22 |
| disconnect switch in the "off" position;
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| (2) with a car that is parked and hoistway doors that | 24 |
| are in the closed
and latched position;
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| (3) with a wire seal on the mainline disconnect switch | 26 |
| installed by a
licensed elevator inspector;
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| (4) that shall not be used again until it has been put | 2 |
| in safe running
order and is in condition for use;
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| (5) requiring annual inspections for the duration of | 4 |
| the temporarily
dormant status by a licensed elevator | 5 |
| inspector;
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| (6) that has a "temporarily dormant" status that is | 7 |
| renewable on an
annual basis, not to exceed a 5-year
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| one-year period;
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| (7) requiring the inspector to file a report with the | 10 |
| Administrator describing the current conditions; and
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| (8) with a wire seal and padlock that shall not be | 12 |
| removed for any
purpose without permission from the | 13 |
| elevator inspector.
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| "Temporary certificate of operation" means a temporary | 15 |
| certificate of operation issued by the Administrator that | 16 |
| permits the temporary use
of a non-compliant conveyance by the | 17 |
| general public for a limited time of 30
days while minor | 18 |
| repairs are being completed.
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| All other building transportation terms are as defined in | 20 |
| the latest edition of ASME A17.1 and ASME A18.1.
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| (Source: P.A. 94-698, eff. 11-22-05.)
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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 through the effective date of this |
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| amendatory Act of the 94th General Assembly and after July 1, | 2 |
| 2006, no person shall erect, construct, wire, alter,
replace,
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| maintain, remove, or dismantle any conveyance contained within | 4 |
| buildings or
structures
in the jurisdiction of this State | 5 |
| unless he or she possesses an elevator
mechanic's license
under | 6 |
| this Act and unless he or she works under the direct | 7 |
| supervision of a
person,
firm, or
company having an elevator | 8 |
| contractor's license in accordance with Section 40
of this Act | 9 |
| or exempted by that Section .
A licensed or limited licensed | 10 |
| elevator mechanic employed by an entity exempted from | 11 |
| contractor licensure under subsection (a) of Section 40 of this | 12 |
| Act is exempt, with respect to work performed for that | 13 |
| employer, from the requirement that he or she work under the | 14 |
| direct supervision of an elevator contractor licensee. A
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| However, a licensed elevator contractor is not required for | 16 |
| removal or
dismantling of conveyances that are destroyed as a | 17 |
| result of a complete
demolition of a secured building or | 18 |
| structure or where the hoistway or wellway
is demolished back | 19 |
| to the basic support structure and where no access is
permitted | 20 |
| that would endanger the safety and welfare of a person.
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| (b) After July 1, 2003 through the effective date of this | 22 |
| amendatory Act of the 94th General Assembly and after July 1, | 23 |
| 2006, no person shall inspect any conveyance within
buildings
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| or structures, including, but not limited , to , private | 25 |
| residences, unless he or
she has an
inspector's license or an | 26 |
| inspection company license .
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| (c) (Blank).
After January 1, 2006, a person who is not | 2 |
| licensed under subsection (a) may not work in the jurisdiction | 3 |
| of this State as an elevator industry apprentice or helper | 4 |
| unless he or she is registered as an elevator industry | 5 |
| apprentice or helper by the Administrator and works under the | 6 |
| direct supervision of an individual licensed under this Act as | 7 |
| an elevator mechanic. The Administrator shall set elevator | 8 |
| industry apprenticeship and helper qualifications and | 9 |
| registration procedure by rule.
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| (Source: P.A. 94-698, eff. 11-22-05.)
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| (225 ILCS 312/25)
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| (Section scheduled to be repealed on January 1, 2013)
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| Sec. 25. Elevator Safety Review Board.
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| (a) There is hereby created within the Office of the State | 15 |
| Fire Marshal
the Elevator Safety Review Board, consisting of 14
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| 13 members. The Administrator
shall appoint 3 members who shall | 17 |
| be representatives
of fire
service communities. The Governor | 18 |
| shall appoint the remaining 11
10 members of
the Board as | 19 |
| follows: one representative from a major elevator | 20 |
| manufacturing
company or its authorized representative; one | 21 |
| representative from an elevator
servicing company; one | 22 |
| representative of the architectural design
profession; one | 23 |
| representative of the general public; one representative of an | 24 |
| advocacy group for people with physical disabilities; one | 25 |
| representative of the senior citizen population; one |
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| representative
of a municipality in this State with a | 2 |
| population under 25,000; one
representative of a municipality | 3 |
| in this State with a population of 25,000 or
over but under | 4 |
| 50,000; one representative of a municipality in this State with
| 5 |
| a population of 50,000 or over but under 500,000; one | 6 |
| representative of a
building owner or manager; and one | 7 |
| representative of labor involved in the
installation, | 8 |
| maintenance, and repair of elevators.
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| (b) The members constituting the Board shall be appointed | 10 |
| for initial terms
as follows:
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| (1) Of the members appointed by the Administrator, 2 | 12 |
| shall serve
for a term of 2 years, and one for a term of 4 | 13 |
| years.
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| (2) Of the members appointed by the Governor, 2 shall | 15 |
| serve for a term
of one year, 2 for terms of 2 years, 2 for | 16 |
| terms of 3 years, and 4 for terms of
4 years. The | 17 |
| representative of the senior citizen population shall | 18 |
| serve an initial term of 4 years.
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| At the expiration of their initial terms of office, the | 20 |
| members or their
successors shall be appointed for terms of 4 | 21 |
| years each. Upon the expiration
of a member's term of office, | 22 |
| the officer who appointed
that member shall reappoint that | 23 |
| member or appoint a successor who is a
representative of the | 24 |
| same interests with which his or her predecessor was
| 25 |
| identified. The Administrator and the Governor may at any time | 26 |
| remove any
of their respective appointees for inefficiency or |
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| neglect of duty in office.
Upon the death or incapacity of a | 2 |
| member, the officer who appointed that member
shall fill the | 3 |
| vacancy for the remainder of the vacated term by appointing a
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| member who is a representative of the same interests with which | 5 |
| his or her
predecessor was identified. The members shall serve | 6 |
| without salary, but shall
receive from the State expenses | 7 |
| necessarily incurred by them in performance
of their duties. | 8 |
| The Governor shall appoint one of the members to serve as
| 9 |
| chairperson. The chairperson shall be the deciding vote in the | 10 |
| event of a tie
vote.
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| (Source: P.A. 94-698, eff. 11-22-05.)
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| (225 ILCS 312/35)
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| (Section scheduled to be repealed on January 1, 2013)
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| Sec. 35. Powers and duties of the Board.
| 15 |
| (a) The Board shall consult with engineering authorities | 16 |
| and organizations
and
adopt rules consistent with the | 17 |
| provisions of this Act for the
administration and
enforcement | 18 |
| of this Act. The Board may prescribe forms to be issued in
| 19 |
| connection with
the administration and enforcement of this Act. | 20 |
| The rules shall establish
standards and
criteria consistent | 21 |
| with this Act for licensing of elevator mechanics,
inspectors, | 22 |
| and installers of
elevators,
including the provisions of the | 23 |
| Safety Code for Elevators and Escalators (ASME
A17.1),
the | 24 |
| Safety Code for Existing Elevators (ASME A17.3), the Standard | 25 |
| for the
Qualification
of Elevator Inspectors (ASME QEI-1), the |
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| Automated People Mover Standards
(ASCE 21), the Safety | 2 |
| Requirements for Personnel Hoists and Employee Elevators
(ANSI | 3 |
| A10.4), and the Safety Standard for Platform Lifts and Stairway | 4 |
| Chairlifts (ASME A18.1). The Board shall adopt the latest | 5 |
| editions of the standards referenced in this subsection (a) | 6 |
| within 6 months after the effective date of the standards.
| 7 |
| (b) The Board shall have the authority to grant exceptions | 8 |
| and
variances from
the literal requirements of
applicable State | 9 |
| codes, standards, and regulations in cases where such
variances
| 10 |
| would not
jeopardize the public
safety and
welfare. The Board | 11 |
| shall have the authority to hear appeals, hold hearings, and
| 12 |
| decide
upon such within 30 days of the appeal.
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| (c) The Board shall establish fee schedules for licenses, | 14 |
| permits,
certificates, and
inspections. The fees shall be set | 15 |
| at an amount necessary to cover the actual
costs and expenses | 16 |
| to operate
the Board
and to conduct the duties as described in | 17 |
| this Act.
| 18 |
| (d) The Board shall be authorized to recommend the | 19 |
| amendments of applicable
legislation, when appropriate, to | 20 |
| legislators.
| 21 |
| (e) The Administrator may solicit the advice and expert | 22 |
| knowledge of
the
Board on any matter relating to the | 23 |
| administration and enforcement of this Act.
| 24 |
| (f) The Administrator may employ professional, technical,
| 25 |
| investigative, or
clerical help, on either a full-time or | 26 |
| part-time basis, as may be necessary
for the
enforcement of |
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| this Act.
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| (g) (Blank).
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| (Source: P.A. 94-698, eff. 11-22-05.)
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| (225 ILCS 312/40)
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| (Section scheduled to be repealed on January 1, 2013)
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| Sec. 40. Application for contractor's license.
| 7 |
| (a) Any person, firm, or company wishing to engage in the | 8 |
| business of
installing,
altering, repairing, servicing, | 9 |
| replacing, or maintaining elevators,
dumbwaiters,
escalators, | 10 |
| or
moving walks within this State shall make application for a | 11 |
| license with the
Administrator. However, if the State, a unit | 12 |
| of local government, or an institution of higher education | 13 |
| maintains in its employ licensed or limited licensed elevator | 14 |
| mechanics who maintain only conveyances owned or leased by that | 15 |
| entity, the employing entity is not required to be licensed as | 16 |
| a contractor under this Section and none of the provisions of | 17 |
| this Act concerning licensed contractors shall apply to these | 18 |
| entities.
| 19 |
| (b) All applications shall contain the following | 20 |
| information:
| 21 |
| (1) if the applicant is a person, the name, residence, | 22 |
| and business address
of the applicant;
| 23 |
| (2) if the applicant is a partnership, the name, | 24 |
| residence, and business
address of each partner;
| 25 |
| (3) if the applicant is a domestic corporation, the |
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| name and business
address of the corporation and the name | 2 |
| and residence address of the principal
officer of the | 3 |
| corporation;
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| (4) if the applicant is a corporation other than a | 5 |
| domestic corporation,
the
name and address of an agent | 6 |
| locally located who shall be authorized to accept
service | 7 |
| of process and official notices;
| 8 |
| (5) the number of years the applicant has engaged in | 9 |
| the business of
installing, inspecting, maintaining, or | 10 |
| servicing elevators or platform
lifts or both;
| 11 |
| (6) if applying for an elevator contractor's license, | 12 |
| the approximate
number of persons, if any, to be employed | 13 |
| by the elevator contractor applicant
and, if applicable, | 14 |
| satisfactory evidence that the employees are or will be
| 15 |
| covered
by workers' compensation insurance;
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| (7) satisfactory evidence that the applicant is or will | 17 |
| be covered by
general
liability, personal injury, and | 18 |
| property damage insurance;
| 19 |
| (8) any criminal record of convictions; and
| 20 |
| (9) any other information as the Administrator may | 21 |
| require.
| 22 |
| (c) (Blank).
| 23 |
| (Source: P.A. 94-698, eff. 11-22-05.)
| 24 |
| (225 ILCS 312/45)
| 25 |
| (Section scheduled to be repealed on January 1, 2013)
|
|
|
|
HB1423 Enrolled |
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LRB095 10695 RAS 30927 b |
|
| 1 |
| Sec. 45. Qualifications for elevator mechanic's license; | 2 |
| emergency and temporary licensure.
| 3 |
| (a) No license shall be granted to any person who has not | 4 |
| paid the required
application fee.
| 5 |
| (b) No license shall be granted to any person who has not | 6 |
| proven his or her
qualifications and abilities. | 7 |
| (c) Applicants for an elevator mechanic's license
must
| 8 |
| demonstrate one of the
following qualifications:
| 9 |
| (1) an acceptable combination of documented experience | 10 |
| and education
credits consisting of: (A) not less than 3 | 11 |
| years work experience in the
elevator
industry, in | 12 |
| construction, maintenance, or
and service and
or repair, as | 13 |
| verified by
current and previous employers licensed to do | 14 |
| business in this State or in another state if the Board | 15 |
| deems that out-of-State experience equivalent ; and (B)
| 16 |
| satisfactory completion of a written examination | 17 |
| administered by the Elevator
Safety Review Board or its | 18 |
| designated provider on the adopted rules and , referenced | 19 |
| codes , and standards for the equipment the licensee is | 20 |
| authorized to install ;
| 21 |
| (2) acceptable proof that he or she has worked as an | 22 |
| elevator constructor,
maintenance, or repair person for | 23 |
| the equipment the licensee is authorized to install ; | 24 |
| acceptable proof shall consist of documentation
that he or | 25 |
| she worked without direct and immediate supervision for an | 26 |
| elevator
contractor who has worked on elevators in this |
|
|
|
HB1423 Enrolled |
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LRB095 10695 RAS 30927 b |
|
| 1 |
| State for a period of not less
than
3
years immediately | 2 |
| preceding the effective date of the final
initial rules | 3 |
| adopted by the Board under Section 35 of this Act that | 4 |
| implement this Act; the person must make
application by | 5 |
| December 31, 2007; however, all licenses issued under the | 6 |
| provisions of this item (2) between May 1, 2006 and the | 7 |
| effective date of this amendatory Act of the 95th General | 8 |
| Assembly are deemed valid ;
| 9 |
| (3) a certificate of successful completion of the | 10 |
| mechanic examination
of a
nationally recognized training | 11 |
| program for the elevator industry , such as the
National | 12 |
| Elevator Industry Educational Program or its equivalent | 13 |
| based on the codes applicable to the type of license | 14 |
| (elevator mechanic's license or limited elevator | 15 |
| mechanic's license) for which the individual is applying ;
| 16 |
| (4) a certificate of completion of an elevator mechanic | 17 |
| apprenticeship
program with standards substantially equal | 18 |
| to those of this Act and
registered
with the Bureau of | 19 |
| Apprenticeship and Training, U.S. Department of Labor, or a
| 20 |
| State apprenticeship council; or
| 21 |
| (5) a valid license from a state having standards | 22 |
| substantially equal to
those of this State.
| 23 |
| (d) Whenever an emergency exists in the State due to a
| 24 |
| disaster , act of God, or
work stoppage and the number of | 25 |
| persons in the State holding licenses granted
by the
Board is | 26 |
| insufficient to cope with the emergency, the licensed elevator
|
|
|
|
HB1423 Enrolled |
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LRB095 10695 RAS 30927 b |
|
| 1 |
| contractor shall
respond as necessary to ensure the safety of | 2 |
| the public. Any person certified
by a licensed
elevator | 3 |
| contractor to have an acceptable combination of documented | 4 |
| experience
and
education to perform elevator work without | 5 |
| direct and immediate supervision
shall seek
an emergency | 6 |
| elevator mechanic's license from the Administrator
within 5 | 7 |
| business days after commencing work requiring a license. The
| 8 |
| Administrator
shall issue emergency elevator mechanic's | 9 |
| licenses. The applicant shall furnish
proof of
competency as | 10 |
| the Administrator may require. Each license shall recite that | 11 |
| it
is valid for a
period of 60
30 days from the date thereof and | 12 |
| for such particular elevators
or
geographical areas as the | 13 |
| Administrator may designate and otherwise shall
entitle the
| 14 |
| licensee to the rights and privileges of an elevator mechanic's | 15 |
| license issued
under this
Act. The Administrator shall renew an | 16 |
| emergency elevator mechanic's license
during the
existence of | 17 |
| an emergency. No fee may be charged for any emergency elevator
| 18 |
| mechanic's license or renewal thereof. | 19 |
| (e) A licensed elevator contractor shall notify the | 20 |
| Administrator when there
are no
licensed personnel available to | 21 |
| perform elevator work. The licensed elevator
contractor
may | 22 |
| request that the Administrator issue temporary elevator | 23 |
| mechanic's licenses
to
persons certified by the licensed | 24 |
| elevator contractor to have an acceptable
combination of
| 25 |
| documented experience and education to perform elevator work | 26 |
| without direct and
immediate supervision. Any person certified |
|
|
|
HB1423 Enrolled |
- 20 - |
LRB095 10695 RAS 30927 b |
|
| 1 |
| by a licensed elevator contractor
to have an
acceptable | 2 |
| combination of documented experience and education to perform
| 3 |
| elevator
work without direct and immediate supervision shall | 4 |
| immediately seek a
temporary
elevator mechanic's license from | 5 |
| the Administrator and shall pay such fee as
the Board
shall | 6 |
| determine. The applicant for temporary licensure shall furnish | 7 |
| proof of competency as the Administrator may require and for | 8 |
| such particular elevators or geographical areas as the | 9 |
| Administrator may designate .
Each license shall recite that it | 10 |
| is valid for a period of
30 days from
the date of issuance and | 11 |
| while employed by the licensed elevator contractor
that | 12 |
| certified
the individual as qualified. It shall be renewable as | 13 |
| long as the shortage of
license holders continues.
| 14 |
| (Source: P.A. 94-698, eff. 11-22-05.)
| 15 |
| (225 ILCS 312/55)
| 16 |
| (Section scheduled to be repealed on January 1, 2013)
| 17 |
| Sec. 55. Qualifications for elevator contractor's license.
| 18 |
| (a) No license shall be granted to any person or firm | 19 |
| unless the appropriate
application fee is paid.
| 20 |
| (b) No license shall be granted to any person or firm who | 21 |
| has not proven the
required qualifications and abilities. An | 22 |
| applicant must be individually licensed as an elevator mechanic | 23 |
| under this Act, perform the work set forth in subsection (a) of | 24 |
| Section 20 of this Act, and have proof of compliance with the | 25 |
| insurance requirements set forth in Section 100 of this Act or, |
|
|
|
HB1423 Enrolled |
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LRB095 10695 RAS 30927 b |
|
| 1 |
| in the case of a firm, employ a person who is individually | 2 |
| licensed as an elevator mechanic under this Act, perform the | 3 |
| work set forth in subsection (a) of Section 20 of this Act, and | 4 |
| have proof of compliance with the insurance requirements set | 5 |
| forth in Section 100 of this Act.
demonstrate one of the
| 6 |
| following
qualifications:
| 7 |
| (1) five years work experience in the elevator industry | 8 |
| in construction,
maintenance, and service or repair, as | 9 |
| verified by such documentation as the Board may require by | 10 |
| rule; | 11 |
| (1.5) satisfactory completion of a written
examination | 12 |
| administered by the Elevator Safety Review Board or its | 13 |
| designated provider on the most
recent referenced codes and | 14 |
| standards; or
| 15 |
| (2) proof that the individual or firm holds a valid | 16 |
| license from a state
having standards substantially equal | 17 |
| to those of this State.
| 18 |
| (c) (Blank).
| 19 |
| (Source: P.A. 94-698, eff. 11-22-05.)
| 20 |
| (225 ILCS 312/70)
| 21 |
| (Section scheduled to be repealed on January 1, 2013)
| 22 |
| Sec. 70. Administrative Procedure Act. The Illinois | 23 |
| Administrative
Procedure Act is hereby expressly adopted and | 24 |
| incorporated herein as if all of
the provisions of that Act | 25 |
| were included in this Act , except that the provision
of
|
|
|
|
HB1423 Enrolled |
- 22 - |
LRB095 10695 RAS 30927 b |
|
| 1 |
| subsection (d) of Section 10-65 of the Illinois Administrative | 2 |
| Procedure Act
that provides that at hearings the licensee has | 3 |
| the right to show compliance
with all lawful requirements for | 4 |
| retention, or continuation or renewal of the
license, is | 5 |
| specifically excluded . For the purposes of this Act, the notice
| 6 |
| required under Section 10-25 of the Illinois Administrative | 7 |
| Procedure Act is
deemed sufficient when mailed to the last | 8 |
| known address of a party.
| 9 |
| (Source: P.A. 92-873, eff. 6-1-03.)
| 10 |
| (225 ILCS 312/80)
| 11 |
| (Section scheduled to be repealed on January 1, 2013)
| 12 |
| Sec. 80. Registration of existing elevators, platform | 13 |
| lifts, dumbwaiters,
escalators, moving walks, and any other | 14 |
| conveyance. Within 6 months after the
date of
the adoption of | 15 |
| the final
initial rules that implement this Act, the owner or | 16 |
| lessee of every existing conveyance
shall
register with the | 17 |
| Administrator each elevator, dumbwaiter, platform lift,
| 18 |
| escalator, or
other device described in Section 10 of this Act | 19 |
| and provide the type, rated
load and
speed, name of
| 20 |
| manufacturer, its location, the purpose for which it is used, | 21 |
| and such
additional
information as the Administrator may | 22 |
| require. Elevators, dumbwaiters,
platform lifts,
escalators, | 23 |
| moving walks, or other conveyances of which construction has | 24 |
| begun
subsequent to the date of the creation of the Board shall | 25 |
| be registered at the
time they are
completed and placed in |
|
|
|
HB1423 Enrolled |
- 23 - |
LRB095 10695 RAS 30927 b |
|
| 1 |
| service.
| 2 |
| (Source: P.A. 94-698, eff. 11-22-05.)
| 3 |
| (225 ILCS 312/85)
| 4 |
| (Section scheduled to be repealed on January 1, 2013)
| 5 |
| Sec. 85. Compliance. It shall be the responsibility of | 6 |
| individuals,
firms, or
companies licensed as
described in this | 7 |
| Act
to ensure that installation or service and maintenance of | 8 |
| elevators and devices
described
in Section 10 of this Act is | 9 |
| performed in compliance with the provisions
contained in
this | 10 |
| Act
and applicable fire and building codes
local regulations .
| 11 |
| (Source: P.A. 92-873, eff. 6-1-03.)
| 12 |
| (225 ILCS 312/90)
| 13 |
| (Section scheduled to be repealed on January 1, 2013)
| 14 |
| Sec. 90. Permits.
| 15 |
| (a) No conveyance covered by this Act shall be erected, | 16 |
| constructed,
installed,
or altered within buildings or | 17 |
| structures within this State unless a permit has
been
obtained | 18 |
| from the Administrator or a municipality or other unit of local
| 19 |
| government before the work is commenced .
If the permit is | 20 |
| obtained
from
a municipality or other unit of local government, | 21 |
| the municipality or other
unit of local
government that issued | 22 |
| the permit shall
keep the permit on file for a period of not | 23 |
| less than one year from the date of
issuance and send a copy to | 24 |
| the Administrator for inspection.
Where
any material |
|
|
|
HB1423 Enrolled |
- 24 - |
LRB095 10695 RAS 30927 b |
|
| 1 |
| alteration is made, the device shall conform to applicable
| 2 |
| requirements in
ASME A17.1, ASME A18.1, or ASCE 21 , or ANSI | 3 |
| A10.4 . No permit required under this
Section
shall be
issued
| 4 |
| except to a person, firm, or corporation holding a current | 5 |
| elevator
contractor's license,
duly issued pursuant to this | 6 |
| Act , except that a permit to alter a conveyance may be issued | 7 |
| to an entity exempted from licensure under subsection (a) of | 8 |
| Section 40 of this Act . A copy of the permit shall be kept at | 9 |
| the
construction
site at all times while the work is in | 10 |
| progress.
| 11 |
| (b) The permit fee shall be as set by the Board. Permit | 12 |
| fees collected are
non-refundable.
| 13 |
| (c) Each application for a permit shall be accompanied by | 14 |
| applicable fees and
by
copies of specifications and accurately | 15 |
| scaled and fully dimensioned plans
showing the
location of the | 16 |
| installation in relation to the plans and elevation of the
| 17 |
| building, the
location of the machinery room and the equipment | 18 |
| to be installed, relocated, or
altered,
and all structural | 19 |
| supporting members thereof , including foundations. The | 20 |
| applicant
shall also
specify all materials to be employed and | 21 |
| all loads to be supported or conveyed.
These
plans and | 22 |
| specifications shall be sufficiently complete to illustrate | 23 |
| all
details of
construction and design.
| 24 |
| (d) Permits may be revoked for the following reasons:
| 25 |
| (1) Any false statements or misrepresentation as to the | 26 |
| material
facts in the application, plans, or |
|
|
|
HB1423 Enrolled |
- 25 - |
LRB095 10695 RAS 30927 b |
|
| 1 |
| specifications on which the permit was
based.
| 2 |
| (2) The permit was issued in error and should not have | 3 |
| been
issued
in accordance with the code.
| 4 |
| (3) The work detailed under the permit is not being | 5 |
| performed in
accordance with the provisions of the | 6 |
| application, plans, or specifications or
with
the code or | 7 |
| conditions of the permit.
| 8 |
| (4) The elevator contractor to whom the permit was | 9 |
| issued fails or
refuses to comply with a "stop work" order.
| 10 |
| (5) If the work authorized by a permit is not commenced | 11 |
| within 6 months
after
the date of issuance, or within a | 12 |
| shorter period of time as the Administrator or his or her
| 13 |
| duly authorized representative in his or her discretion may | 14 |
| specify at the time
the
permit is
issued.
| 15 |
| (6) If the work is suspended or abandoned for a period | 16 |
| of 60 days, or
shorter
period
of time as the Administrator | 17 |
| or his or her duly authorized representative
in his
or her | 18 |
| discretion
may specify at the time the permit is issued, | 19 |
| after the work has been started.
For good
cause, the | 20 |
| Administrator or his or her representative may allow an
| 21 |
| extension of
this
period at his or her discretion.
| 22 |
| (e) (Blank).
| 23 |
| (Source: P.A. 94-698, eff. 11-22-05.)
| 24 |
| (225 ILCS 312/100)
| 25 |
| (Section scheduled to be repealed on January 1, 2013)
|
|
|
|
HB1423 Enrolled |
- 26 - |
LRB095 10695 RAS 30927 b |
|
| 1 |
| Sec. 100. Insurance requirements.
| 2 |
| (a) Elevator contractors shall submit to the Administrator | 3 |
| an insurance
policy
or certified copy thereof, issued by an | 4 |
| insurance company authorized to do
business in
the State, to | 5 |
| provide general liability coverage of at least $1,000,000
| 6 |
| $2,000,000 for
injury or death of
any one person and $2,000,000 | 7 |
| for injury or death of any number of persons in
any one
| 8 |
| occurrence, with coverage of at least $500,000
$1,000,000 for | 9 |
| property damage in any
one
occurrence and statutory workers | 10 |
| compensation insurance coverage.
| 11 |
| (b) Private elevator inspectors shall submit to the | 12 |
| Administrator an
insurance
policy
or certified copy thereof, | 13 |
| issued by an insurance company authorized to do
business in
the | 14 |
| State, to provide general liability coverage of at least | 15 |
| $1,000,000
$2,000,000 for
injury or death of
any one person and | 16 |
| $2,000,000 for injury or death of any number of persons in
any | 17 |
| one
occurrence, with coverage of at least $500,000
$1,000,000
| 18 |
| for property damage in any
one
occurrence and statutory workers | 19 |
| compensation insurance coverage.
| 20 |
| (c) These policies, or duly certified copies thereof, or an | 21 |
| appropriate
certificate of
insurance, approved as to form by | 22 |
| the Department of Insurance,
shall be delivered to the | 23 |
| Administrator before or at
the time
of the
issuance of a | 24 |
| license. In the event of a material alteration or cancellation
| 25 |
| of a policy,
at least 10 days notice thereof shall be given to | 26 |
| the Administrator.
|
|
|
|
HB1423 Enrolled |
- 27 - |
LRB095 10695 RAS 30927 b |
|
| 1 |
| (Source: P.A. 92-873, eff. 6-1-03.)
| 2 |
| (225 ILCS 312/105)
| 3 |
| (Section scheduled to be repealed on January 1, 2013)
| 4 |
| Sec. 105. Enforcement.
| 5 |
| (a) It shall be the duty of the Elevator Safety Review | 6 |
| Board
to develop an
enforcement program to ensure compliance | 7 |
| with rules and
requirements
referenced in this Act. This shall | 8 |
| include, but shall not be limited to,
rules for
identification | 9 |
| of property locations that are subject to the rules and
| 10 |
| requirements; issuing notifications to violating property | 11 |
| owners or operators,
random on-site inspections, policies for | 12 |
| administrative penalties, and tests on existing installations; | 13 |
| witnessing
periodic
inspections and
testing in order to ensure | 14 |
| satisfactory performance by licensed persons, firms,
or
| 15 |
| companies; and assisting in development of public awareness | 16 |
| programs.
| 17 |
| (b) Any person may make a request for an investigation into | 18 |
| an alleged
violation
of
this Act by giving notice to the | 19 |
| Administrator
of such violation or
danger. The
notice shall be | 20 |
| in writing, shall set forth with reasonable particularity the
| 21 |
| grounds for the
notice, and shall be signed by the person | 22 |
| making the request. Upon the request
of any
person signing the | 23 |
| notice, the person's name shall not appear on any copy of
the | 24 |
| notice
or any record published, released, or made available.
| 25 |
| (c) If, upon receipt of such notification, the |
|
|
|
HB1423 Enrolled |
- 28 - |
LRB095 10695 RAS 30927 b |
|
| 1 |
| Administrator
determines
that there
are
reasonable grounds to | 2 |
| believe that such violation or danger exists, the
Administrator
| 3 |
| shall cause to be made an investigation in accordance
with the | 4 |
| provisions of
this Act as
soon as practicable to determine if | 5 |
| such violation or danger exists. If the
Administrator | 6 |
| determines that there are no reasonable
grounds to believe that | 7 |
| a
violation or
danger exists, he or she shall notify the party | 8 |
| in writing of such
determination.
| 9 |
| (d) (Blank).
| 10 |
| (Source: P.A. 94-698, eff. 11-22-05.)
| 11 |
| (225 ILCS 312/110)
| 12 |
| (Section scheduled to be repealed on January 1, 2013)
| 13 |
| Sec. 110. Liability.
| 14 |
| (a) This Act shall not be construed to relieve or lessen | 15 |
| the responsibility
or
liability of any person, firm, or | 16 |
| corporation owning, operating, controlling,
maintaining,
| 17 |
| erecting, constructing, installing, altering, inspecting, | 18 |
| testing, or repairing
any elevator or
other related mechanisms | 19 |
| covered by this Act for damages to person or property
caused
by | 20 |
| any defect therein, nor does the State or any unit of local | 21 |
| government
assume any such liability or
responsibility
| 22 |
| therefore or any liability to any person for whatever reason | 23 |
| whatsoever by the
adoption of
this Act or any acts or omissions | 24 |
| arising under this Act.
| 25 |
| (b) Any owner or lessee who violates any of the provisions |
|
|
|
HB1423 Enrolled |
- 29 - |
LRB095 10695 RAS 30927 b |
|
| 1 |
| of this Act
is guilty of a Class C misdemeanor
shall
be fined | 2 |
| in an amount not to exceed $1,500 per violation, per day .
| 3 |
| (c) (Blank).
Compliance with this Act is not a defense to a | 4 |
| legal proceeding.
| 5 |
| (Source: P.A. 94-698, eff. 11-22-05.)
| 6 |
| (225 ILCS 312/120)
| 7 |
| (Section scheduled to be repealed on January 1, 2013)
| 8 |
| Sec. 120. Inspection and testing.
| 9 |
| (a) It shall be the responsibility of the owner of all new | 10 |
| and existing
conveyances
located in any building or structure | 11 |
| to have the conveyance inspected annually , at intervals | 12 |
| determined by the Board,
by a person, firm, or company to which | 13 |
| a license to
inspect
conveyances has been issued. Subsequent to | 14 |
| inspection, the licensed person,
firm, or
company must supply | 15 |
| the property owner or lessee and the Administrator
with a
| 16 |
| written inspection report describing any and all code
| 17 |
| violations. Property owners
shall have 30
days from the date of | 18 |
| the published inspection report to be in full compliance
by
| 19 |
| correcting the violations. The Administrator shall determine | 20 |
| whether such violations have been corrected and may extend the | 21 |
| compliance dates for good cause, provided that such violations | 22 |
| are minor and pose no threat to public safety .
| 23 |
| (b) It shall be the responsibility of the owner of all | 24 |
| conveyances to have a licensed elevator contractor, as defined | 25 |
| in this Act, ensure that the required tests are performed at |
|
|
|
HB1423 Enrolled |
- 30 - |
LRB095 10695 RAS 30927 b |
|
| 1 |
| intervals in compliance with the ASME A 17.1, ASME A 18.1 and | 2 |
| ASCE 21
(Blank) .
| 3 |
| (c) All tests shall be performed by a licensed elevator | 4 |
| mechanic or licensed limited elevator mechanic who is licensed | 5 |
| to perform work on that particular type of conveyance .
| 6 |
| (Source: P.A. 94-698, eff. 11-22-05.)
| 7 |
| (225 ILCS 312/130 rep.)
| 8 |
| Section 10. The Elevator Safety and Regulation Act is | 9 |
| amended by repealing Section 130.
| 10 |
| Section 99. Effective date. This Act takes effect upon | 11 |
| becoming law.
|
|