Full Text of SB1663 94th General Assembly
SB1663 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB1663
Introduced 2/24/2005, by Sen. Dale E. Risinger SYNOPSIS AS INTRODUCED: |
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225 ILCS 312/15 |
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225 ILCS 312/20 |
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225 ILCS 312/45 |
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225 ILCS 312/70 |
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225 ILCS 312/135 |
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Amends the Elevator Safety and Regulation Act. Provides that the Administrator shall (now, may) issue a limited elevator contractor's license authorizing a firm or company that employs individuals to carry on a business of erecting, constructing, installing, altering, servicing, requiring, or maintaining certain items (now, just platform lifts and chairlifts). Makes a change concerning the qualifications for an elevator mechanic's license. Requires an applicant for a limited elevator mechanics's license to demonstrate certain qualifications equal to those that must be demonstrated by an applicant for a elevator mechanics's license. Provides that an applicant for an elevator mechanic's or a limited elevator mechanic's license who provides acceptable proof that he or she has worked as an elevator constructor, maintenance, or repair person, must make application within one year of the effective date of this amendatory Act. Requires the Administrator to issue a limited elevator mechanic's license to a person who has demonstrated the ability to construct, install, alter, service, repair, or maintain certain items; makes corresponding changes. Removes the exclusion of a provision of the Illinois Administrative Procedure Act concerning a licensee's right to show compliance at hearings from the adoption and incorporation of the Illinois Administrative Procedure Act into the Elevator Safety and Regulation Act. Provides that no permit fee, certificate of operation fee, or similar fee shall be applied to a conveyance installed in a private residence. Effective immediately.
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A BILL FOR
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SB1663 |
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LRB094 11292 RAS 42084 b |
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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 15, 20, 45, 70, and 135 as | 6 |
| follows:
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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 | 12 |
| hoists, an American
National Standard.
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| "ASCE 21" means the American Society of Civil Engineers | 14 |
| Automated People
Mover Standards.
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| "ASME A17.1" means the Safety Code for
Elevators and | 16 |
| Escalators, an American National Standard.
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| "ASME A17.3" means the Safety Code for
Existing Elevators | 18 |
| and Escalators, an American National Standard.
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| "ASME A18.1" means the Safety Standard for
Platform Lifts | 20 |
| and Stairway Chairlifts, an American National Standard.
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| "Automated people mover" means an
installation as defined | 22 |
| as an "automated people mover" in ASCE 21.
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| "Board" means the Elevator Safety Review Board.
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| "Certificate of operation" means a certificate issued by | 25 |
| the Administrator
that indicates that the conveyance has passed | 26 |
| the required safety inspection
and tests and fees have been | 27 |
| paid as set forth in this Act. The Administrator
may issue a | 28 |
| temporary certificate of operation that permits the temporary | 29 |
| use
of a non-compliant conveyance by the general public for a | 30 |
| limited time of 30
days while minor repairs are being | 31 |
| 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 possess this type of
license. It shall entitle | 16 |
| the holder thereof to engage in the business of
erecting, | 17 |
| constructing, installing, altering, servicing, testing, | 18 |
| repairing,
or maintaining elevators or related conveyance | 19 |
| covered by this Act. The
Administrator shall
may issue a | 20 |
| limited elevator contractor's license authorizing a
firm or | 21 |
| company that employs individuals to carry on a business of | 22 |
| erecting,
constructing, installing, altering, servicing, | 23 |
| repairing, or maintaining
any of the following:
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| (1) platform lifts and stairway chairlifts as defined | 25 |
| by ASME A18.1; | 26 |
| (2) limited use, limited application elevators as | 27 |
| defined by ASME A17.1, Part 5.2; | 28 |
| (3) private residence elevators as defined by ASME | 29 |
| A17.1, Part 5.3; or | 30 |
| (4) dumbwaiters without automatic transfer devices as | 31 |
| defined by ASME A17.1, Parts 7.1 and 7.2
within any | 32 |
| building or structure,
including but not limited to private | 33 |
| residences .
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| "Elevator inspector" means any person who possesses an | 35 |
| elevator inspector's
license in accordance with the provisions | 36 |
| of this Act or any person who
performs the duties and functions |
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| of an elevator inspector for any unit of
local government with | 2 |
| a population greater than 500,000 prior to or on the
effective | 3 |
| date of this Act.
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| "Elevator mechanic" means any person who possesses an | 5 |
| elevator mechanic's
license in accordance with the provisions | 6 |
| of Sections 40 and 45 of this Act and
who is engaged in | 7 |
| erecting, constructing, installing, altering, servicing,
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| repairing, or maintaining elevators or related conveyance | 9 |
| covered by this Act.
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| "Elevator mechanic's license" means a license issued to a | 11 |
| person who has
proven his or her qualifications and ability and | 12 |
| has been authorized by the
Elevator Safety Review Board to work | 13 |
| on conveyance equipment. It shall entitle
the holder thereof to | 14 |
| install, construct, alter, service, repair, test,
maintain, | 15 |
| and perform electrical work on elevators or related conveyance
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| covered by this Act.
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| "Escalator" means an installation defined as an | 18 |
| "escalator" in ASME A17.1.
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| "Existing installation" means an installation
defined as | 20 |
| an "installation, existing" in ASME A17.1.
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| "Inspector's license" means a license issued to a person | 22 |
| who has proven his
or her qualifications and ability and has | 23 |
| been authorized by the Elevator
Safety Review Board to possess | 24 |
| this type of license. It shall entitle the
holder thereof to | 25 |
| engage in the business of inspecting elevators or related
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| conveyance covered by this Act.
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| "License" means a written license, duly issued by the | 28 |
| Administrator,
authorizing a person, firm, or company to carry | 29 |
| on the business of erecting,
constructing, installing, | 30 |
| altering, servicing, repairing, maintaining, or
performing | 31 |
| inspections of elevators or related conveyance covered by this | 32 |
| Act.
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| "Material alteration" means an "alteration" as defined by | 34 |
| the Board.
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| "Moving walk" means an installation as defined as a "moving | 36 |
| walk"
in ASME A17.1.
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| "Private residence" means a separate dwelling or a separate | 2 |
| apartment in
a multiple dwelling that is occupied by members of | 3 |
| a single-family unit.
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| "Repair" has the meaning defined by the Board, which does | 5 |
| not require a
permit.
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| "Temporarily dormant" means an elevator, dumbwaiter, or | 7 |
| escalator:
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| (1) with a power supply that has been disconnected by | 9 |
| removing fuses and
placing a padlock on the mainline | 10 |
| disconnect switch in the "off" position;
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| (2) with a car that is parked and hoistway doors that | 12 |
| are in the closed
and latched position;
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| (3) with a wire seal on the mainline disconnect switch | 14 |
| installed by a
licensed elevator inspector;
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| (4) that shall not be used again until it has been put | 16 |
| in safe running
order and is in condition for use;
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| (5) requiring annual inspections for the duration of | 18 |
| the temporarily
dormant status by a licensed elevator | 19 |
| inspector;
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| (6) that has a "temporarily dormant" status that is | 21 |
| renewable on an
annual basis, not to exceed a one-year | 22 |
| period;
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| (7) requiring the inspector to file a report with the | 24 |
| chief elevator
inspector describing the current | 25 |
| conditions; and
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| (8) with a wire seal and padlock that shall not be | 27 |
| removed for any
purpose without permission from the | 28 |
| elevator inspector.
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| (Source: P.A. 92-873, eff. 6-1-03; revised 1-20-03.)
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| (225 ILCS 312/20)
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| (Section scheduled to be repealed on January 1, 2013)
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| Sec. 20. License required.
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| (a) After July 1, 2003, no person shall erect, construct, | 34 |
| wire, alter,
replace,
maintain, remove, or dismantle any | 35 |
| conveyance contained within buildings or
structures
in the |
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| jurisdiction of this State unless he or she possesses an | 2 |
| elevator
mechanic's license
or a limited elevator mechanic's | 3 |
| license under this Act and unless he or she works under the | 4 |
| direct supervision of a
person,
firm, or
company having an | 5 |
| elevator contractor's license in accordance with Section 40
of | 6 |
| this Act or exempted by that Section or having a limited | 7 |
| elevator contractor's license .
However, a licensed elevator | 8 |
| contractor is not required for removal or
dismantling of | 9 |
| conveyances that are destroyed as a result of a complete
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| demolition of a secured building or structure or where the | 11 |
| hoistway or wellway
is demolished back to the basic support | 12 |
| structure and where no access is
permitted that would endanger | 13 |
| the safety and welfare of a person.
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| (b) After July 1, 2003, no person shall inspect any | 15 |
| conveyance within
buildings
or structures, including, but not | 16 |
| limited, to private residences, unless he or
she has an
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| inspector's license.
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| (Source: P.A. 92-873, eff. 6-1-03.)
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| (225 ILCS 312/45)
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| (Section scheduled to be repealed on January 1, 2013)
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| Sec. 45. Qualifications for elevator mechanic's license ; | 22 |
| qualifications for limited elevator mechanic's license .
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| (a) No license shall be granted to any person who has not | 24 |
| paid the required
application fee.
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| (b) No license shall be granted to any person who has not | 26 |
| proven his or her
qualifications and abilities. Applicants for | 27 |
| an elevator mechanic's license
or a limited elevator mechanic's | 28 |
| license must
demonstrate one of the
following qualifications:
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| (1) an acceptable combination of documented experience | 30 |
| and education
credits consisting of: (A) not less than 3 | 31 |
| years work experience in the
elevator
industry, in | 32 |
| construction, maintenance, and service or repair, as | 33 |
| verified by
current and previous employers licensed to do | 34 |
| business in this State; and (B)
satisfactory completion of | 35 |
| a written examination administered by the Elevator
Safety |
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| Review Board on the adopted rules, referenced codes, and | 2 |
| standards;
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| (2) acceptable proof that he or she has worked as an | 4 |
| elevator constructor,
maintenance, or repair person; | 5 |
| acceptable proof shall consist of documentation
that he or | 6 |
| she worked without direct and immediate supervision for an | 7 |
| elevator
contractor who has worked on elevators in this | 8 |
| State for a period of not less
than
3
years immediately | 9 |
| prior to the effective date of rules that are adopted to | 10 |
| implement this Act; the person must make
application within | 11 |
| one year of the effective date of this amendatory Act of | 12 |
| the 94th General Assembly ;
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| (3) a certificate of successful completion of the | 14 |
| mechanic examination
of a
nationally recognized training | 15 |
| program for the elevator industry such as the
National | 16 |
| Elevator Industry Educational Program , the National | 17 |
| Association of Elevator Contractors Certified Elevator | 18 |
| Technician or Certified Accessibility and Private Lift | 19 |
| Programs, or an
its equivalent program ;
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| (4) a certificate of completion of an elevator mechanic | 21 |
| apprenticeship
program with standards substantially equal | 22 |
| to those of this Act and
registered
with the Bureau of | 23 |
| Apprenticeship and Training, U.S. Department of Labor, or a
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| State apprenticeship council; or
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| (5) a valid license from a state having standards | 26 |
| substantially equal to
those of this State.
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| (c) The Administrator shall issue a limited elevator | 28 |
| mechanic's license to a person who has demonstrated the ability | 29 |
| to construct, install, alter, service, repair, or maintain any | 30 |
| of the following: | 31 |
| (1) platform lifts and stairway chairlifts as defined | 32 |
| by ASME A18.1; | 33 |
| (2) limited use application elevators as defined by | 34 |
| ASME A17.1, Part 5.2; | 35 |
| (3) private residence elevators as defined by ASME | 36 |
| A17.1, Part 5.3; or |
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| (4) dumbwaiters without automatic transfer devices as | 2 |
| defined by ASME A17.1, Parts 7.1 and 7.2.
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| (Source: P.A. 92-873, eff. 6-1-03.)
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| (225 ILCS 312/70)
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| (Section scheduled to be repealed on January 1, 2013)
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| Sec. 70. Administrative Procedure Act. The Illinois | 7 |
| Administrative
Procedure Act is hereby expressly adopted and | 8 |
| incorporated herein as if all of
the provisions of that Act | 9 |
| were included in this Act , except that the provision
of
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| subsection (d) of Section 10-65 of the Illinois Administrative | 11 |
| Procedure Act
that provides that at hearings the licensee has | 12 |
| the right to show compliance
with all lawful requirements for | 13 |
| retention, or continuation or renewal of the
license, is | 14 |
| specifically excluded . For the purposes of this Act, the notice
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| required under Section 10-25 of the Illinois Administrative | 16 |
| Procedure Act is
deemed sufficient when mailed to the last | 17 |
| known address of a party.
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| (Source: P.A. 92-873, eff. 6-1-03.)
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| (225 ILCS 312/135)
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| (Section scheduled to be repealed on January 1, 2013)
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| Sec. 135. Elevators in private residences. The owner of a | 22 |
| conveyance
located
in his or her private residence may | 23 |
| register, pay the required fee, and have
his or her existing
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| conveyance inspected.
The Administrator shall provide notice | 25 |
| to the owner of the private residence
where the conveyance is | 26 |
| located with relevant information about conveyance
safety | 27 |
| requirements, including the need to have the elevator | 28 |
| periodically and
timely inspected and made safe. Any inspection | 29 |
| performed shall be done solely
at the request and with the | 30 |
| consent of the private residence owner. No penalty
provision of | 31 |
| this Act shall apply to private residence owners. No permit | 32 |
| fee, certificate of operation fee, or similar fee shall be | 33 |
| applied to a conveyance installed in a private residence.
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| (Source: P.A. 92-873, eff. 6-1-03.)
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| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law.
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