Full Text of SB2121 094th General Assembly
SB2121 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB2121
Introduced 5/27/2005, by Sen. M. Maggie Crotty 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 312/55 |
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225 ILCS 312/60 |
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225 ILCS 312/95 |
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225 ILCS 312/105 |
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225 ILCS 312/110 |
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225 ILCS 312/120 |
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225 ILCS 312/135 |
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Amends the Elevator Safety and Regulation Act. Defines "residential accessibility license". Provides that after January 1, 2006, no person shall no person shall erect, construct, wire, alter,
replace,
maintain, remove, or dismantle any conveyance contained within buildings or
structures
in the jurisdiction of this State unless he or she is registered as an elevator industry apprentice or a helper by the Office of the State Fire Marshal and works under the direct supervision of an individual licensed under the Act as an elevator mechanic. Provides that the Office shall set elevator industry apprenticeship and helper qualifications and registration procedure by rule. Provides that an applicant for licensure as an elevator mechanic who provides acceptable proof that he or she has worked as an elevator constructor,
maintenance, or repair person must make
application within 3 months after the effective date of the initial rules adopted by the Elevator Safety Review Board that implement the Act (now, within one year of the effective date of the Act). Provides that a residential accessibility license shall be issued to an individual who has demonstrated certain qualifications required to obtain an elevator mechanic's license and who performs A18.1 work in a private owner occupied residence. Provides that an applicant for licensure as an elevator contractor may demonstrate 5 years work experience in the elevator industry by providing proof of insurance and submitting the business address and contact information of a designated officer within such business. Provides that a license issued under the Act must be renewed every 2 years (now, biannually). Removes a provision that requires the Office to inspect all newly installed and existing platform lifts and stairway chair lifts for private residences subsequent to an inspection by a person, firm, or company to which a license to inspect conveyances has been issued. Provides that any owner or lessee who violates any of the provisions of the Act
shall
be fined in an amount not to exceed $1,500 per violation, per day (now, just $1,500). Provides that the notice of safety requirements that the Office is required to provide to owners of private residences where a conveyance is located must be provided annually. Makes other changes. Effective immediately.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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SB2121 |
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LRB094 12575 RAS 47220 b |
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| 1 |
| 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:
| 4 |
| Section 5. The Elevator Safety and Regulation Act is | 5 |
| amended by changing Sections 15, 20, 45, 55, 60, 95, 105, 110, | 6 |
| 120, and 135 as follows:
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| (225 ILCS 312/15)
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| (Section scheduled to be repealed on January 1, 2013)
| 9 |
| Sec. 15. Definitions. For the purpose of this Act:
| 10 |
| "Administrator" means the Office of the State Fire Marshal.
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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.
| 15 |
| "ASME A17.1" means the Safety Code for
Elevators and | 16 |
| Escalators, an American National Standard.
| 17 |
| "ASME A17.3" means the Safety Code for
Existing Elevators | 18 |
| and Escalators, an American National Standard.
| 19 |
| "ASME A18.1" means the Safety Standard for
Platform Lifts | 20 |
| and Stairway Chairlifts, an American National Standard.
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| "Automated people mover" means an
installation as defined | 22 |
| as an "automated people mover" in ASCE 21.
| 23 |
| "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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SB2121 |
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LRB094 12575 RAS 47220 b |
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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 may issue a limited | 20 |
| elevator contractor's license authorizing a
firm or company | 21 |
| that employs individuals to carry on a business of erecting,
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| constructing, installing, altering, servicing, repairing, or | 23 |
| maintaining
platform lifts and stairway chairlifts within any | 24 |
| building or structure,
including but not limited to private | 25 |
| residences.
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| "Elevator inspector" means any person who possesses an | 27 |
| elevator inspector's
license in accordance with the provisions | 28 |
| of this Act or any person who
performs the duties and functions | 29 |
| of an elevator inspector for any unit of
local government with | 30 |
| a population greater than 500,000 prior to or on the
effective | 31 |
| date of this Act.
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| "Elevator mechanic" means any person who possesses an | 33 |
| elevator mechanic's
license in accordance with the provisions | 34 |
| of Sections 40 and 45 of this Act and
who is engaged in | 35 |
| erecting, constructing, installing, altering, servicing,
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| repairing, or maintaining elevators or related conveyance |
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LRB094 12575 RAS 47220 b |
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| covered by this Act.
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| "Elevator mechanic's license" means a license issued to a | 3 |
| person who has
proven his or her qualifications and ability and | 4 |
| has been authorized by the
Elevator Safety Review Board to work | 5 |
| on conveyance equipment. It shall entitle
the holder thereof to | 6 |
| install, construct, alter, service, repair, test,
maintain, | 7 |
| 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 | 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" means a license issued to a person | 14 |
| who has proven his
or her qualifications and ability and has | 15 |
| been authorized by the Elevator
Safety Review Board to possess | 16 |
| this type of license. It shall entitle the
holder thereof to | 17 |
| 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 | 20 |
| Administrator,
authorizing a person, firm, or company to carry | 21 |
| on the business of erecting,
constructing, installing, | 22 |
| altering, servicing, repairing, maintaining, or
performing | 23 |
| inspections of elevators or related conveyance covered by this | 24 |
| Act.
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| "Material alteration" means an "alteration" as defined by | 26 |
| the Board.
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| "Moving walk" means an installation as defined as a "moving | 28 |
| walk"
in ASME A17.1.
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| "Private residence" means a separate dwelling or a separate | 30 |
| apartment in
a multiple dwelling that is occupied by members of | 31 |
| a single-family unit.
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| "Repair" has the meaning defined by the Board, which does | 33 |
| not require a
permit.
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| "Residential accessibility license" means a license issued | 35 |
| to a person who has proven his or her qualifications and | 36 |
| ability to, and has been authorized by, the Elevator Safety |
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| Review Board to install, construct, alter, service, repair, | 2 |
| test, maintain, and perform electrical work on A18.1 equipment | 3 |
| in a private owner occupied residence.
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| "Temporarily dormant" means an elevator, dumbwaiter, or | 5 |
| escalator:
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| (1) with a power supply that has been disconnected by | 7 |
| removing fuses and
placing a padlock on the mainline | 8 |
| disconnect switch in the "off" position;
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| (2) with a car that is parked and hoistway doors that | 10 |
| are in the closed
and latched position;
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| (3) with a wire seal on the mainline disconnect switch | 12 |
| installed by a
licensed elevator inspector;
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| (4) that shall not be used again until it has been put | 14 |
| in safe running
order and is in condition for use;
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| (5) requiring annual inspections for the duration of | 16 |
| the temporarily
dormant status by a licensed elevator | 17 |
| inspector;
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| (6) that has a "temporarily dormant" status that is | 19 |
| renewable on an
annual basis, not to exceed a one-year | 20 |
| period;
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| (7) requiring the inspector to file a report with the | 22 |
| chief elevator
inspector describing the current | 23 |
| conditions; and
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| (8) with a wire seal and padlock that shall not be | 25 |
| removed for any
purpose without permission from the | 26 |
| elevator inspector.
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| (Source: P.A. 92-873, eff. 6-1-03; revised 1-20-03.)
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| (225 ILCS 312/20)
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| (Section scheduled to be repealed on January 1, 2013)
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| Sec. 20. License or registration required.
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| (a) After July 1, 2003, no person shall erect, construct, | 32 |
| wire, alter,
replace,
maintain, remove, or dismantle any | 33 |
| conveyance contained within buildings or
structures
in the | 34 |
| jurisdiction of this State unless he or she possesses an | 35 |
| elevator
mechanic's license
under this Act and unless he or she |
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LRB094 12575 RAS 47220 b |
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| works under the direct supervision of a
person,
firm, or
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| company having an elevator contractor's license in accordance | 3 |
| with Section 40
of this Act or exempted by that Section.
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| However, a licensed elevator contractor is not required for | 5 |
| removal or
dismantling of conveyances that are destroyed as a | 6 |
| result of a complete
demolition of a secured building or | 7 |
| structure or where the hoistway or wellway
is demolished back | 8 |
| to the basic support structure and where no access is
permitted | 9 |
| that would endanger the safety and welfare of a person.
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| (b) After July 1, 2003, no person shall inspect any | 11 |
| conveyance within
buildings
or structures, including, but not | 12 |
| limited, to private residences, unless he or
she has an
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| inspector's license.
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| (c) After January 1, 2006, no person shall erect, | 15 |
| construct, wire, alter,
replace,
maintain, remove, or | 16 |
| dismantle any conveyance contained within buildings or
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| structures
in the jurisdiction of this State unless he or she | 18 |
| is registered as an elevator industry apprentice or a helper by | 19 |
| the Administrator and works under the direct supervision of an | 20 |
| individual licensed under this Act as an elevator mechanic. The | 21 |
| Administrator shall set elevator industry apprenticeship and | 22 |
| helper qualifications and registration procedure by rule.
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| (Source: P.A. 92-873, eff. 6-1-03.)
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| (225 ILCS 312/45)
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| (Section scheduled to be repealed on January 1, 2013)
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| Sec. 45. Qualifications for elevator mechanic's license | 27 |
| and residential accessibility license; emergency and temporary | 28 |
| licensure .
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| (a) No license shall be granted to any person who has not | 30 |
| paid the required
application fee.
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| (b) No license shall be granted to any person who has not | 32 |
| proven his or her
qualifications and abilities. | 33 |
| (c) Applicants for an elevator mechanic's license
must
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| demonstrate one of the
following qualifications:
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| (1) an acceptable combination of documented experience |
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SB2121 |
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LRB094 12575 RAS 47220 b |
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| and education
credits consisting of: (A) not less than 3 | 2 |
| years work experience in the
elevator
industry, in | 3 |
| construction, maintenance, and service or repair, as | 4 |
| verified by
current and previous employers licensed to do | 5 |
| business in this State; and (B)
satisfactory completion of | 6 |
| a written examination administered by the Elevator
Safety | 7 |
| Review Board or its designated provider on the adopted | 8 |
| rules, referenced codes, and standards;
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| (2) acceptable proof that he or she has worked as an | 10 |
| elevator constructor,
maintenance, or repair person; | 11 |
| acceptable proof shall consist of documentation
that he or | 12 |
| she worked without direct and immediate supervision for an | 13 |
| elevator
contractor who has worked on elevators in this | 14 |
| State for a period of not less
than
3
years immediately | 15 |
| prior to the effective date of this Act; the person must | 16 |
| make
application within 3 months after the effective date | 17 |
| of the initial rules adopted by the Board under Section 35 | 18 |
| of this Act that implement this Act
one year of the | 19 |
| effective date of this Act ;
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| (3) a certificate of successful completion of the | 21 |
| mechanic examination
of a
nationally recognized training | 22 |
| program for the elevator industry such as the
National | 23 |
| Elevator Industry Educational Program or its equivalent;
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| (4) a certificate of completion of an elevator mechanic | 25 |
| apprenticeship
program with standards substantially equal | 26 |
| to those of this Act and
registered
with the Bureau of | 27 |
| 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 | 30 |
| substantially equal to
those of this State.
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| (d) A residential accessibility license shall be issued to | 32 |
| an individual who has demonstrated the qualifications set forth | 33 |
| in subdivision (1) of subsection (c) of this Section and who | 34 |
| performs A18.1 work in a private owner occupied residence. | 35 |
| (e) Whenever an emergency exists in the State due to | 36 |
| disaster or
work stoppage and the number of persons in the |
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LRB094 12575 RAS 47220 b |
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| State holding licenses granted
by the
Board is insufficient to | 2 |
| cope with the emergency, the licensed elevator
contractor shall
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| respond as necessary to ensure the safety of the public. Any | 4 |
| person certified
by a licensed
elevator contractor to have an | 5 |
| acceptable combination of documented experience
and
education | 6 |
| to perform elevator work without direct and immediate | 7 |
| supervision
shall seek
an emergency elevator mechanic's | 8 |
| license from the Administrator
within 5 business days after | 9 |
| commencing work requiring a license. The
Administrator
shall | 10 |
| issue emergency elevator mechanic's licenses. The applicant | 11 |
| shall furnish
proof of
competency as the Administrator may | 12 |
| require. Each license shall recite that it
is valid for a
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| period of 30 days from the date thereof and for such particular | 14 |
| elevators
or
geographical areas as the Administrator may | 15 |
| designate and otherwise shall
entitle the
licensee to the | 16 |
| rights and privileges of a elevator mechanic's license issued
| 17 |
| under this
Act. The Administrator shall renew an emergency | 18 |
| elevator mechanic's license
during the
existence of an | 19 |
| emergency. No fee may be charged for any emergency elevator
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| mechanic's license or renewal thereof. | 21 |
| (f) A licensed elevator contractor shall notify the | 22 |
| Administrator when there
are no
licensed personnel available to | 23 |
| perform elevator work. The licensed elevator
contractor
may | 24 |
| request that the Administrator issue temporary elevator | 25 |
| mechanic's licenses
to
persons certified by the licensed | 26 |
| elevator contractor to have an acceptable
combination of
| 27 |
| documented experience and education to perform elevator work | 28 |
| without direct and
immediate supervision. Any person certified | 29 |
| by a licensed elevator contractor
to have an
acceptable | 30 |
| combination of documented experience and education to perform
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| elevator
work without direct and immediate supervision shall | 32 |
| immediately seek a
temporary
elevator mechanic's license from | 33 |
| the Administrator and shall pay such fee as
the Board
shall | 34 |
| determine. Each license shall recite that it is valid for a | 35 |
| period of
30 days from
the date of issuance and while employed | 36 |
| by the licensed elevator contractor
that certified
the |
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| individual as qualified. It shall be renewable as long as the | 2 |
| shortage of
license holders continues.
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| (Source: P.A. 92-873, eff. 6-1-03.)
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| (225 ILCS 312/55)
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| (Section scheduled to be repealed on January 1, 2013)
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| Sec. 55. Qualifications for elevator contractor's license.
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| (a) No license shall be granted to any person or firm | 8 |
| unless the appropriate
application fee is paid.
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| (b) No license shall be granted to any person or firm who | 10 |
| has not proven the
required qualifications and abilities. An | 11 |
| applicant must demonstrate one of the
following
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| qualifications:
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| (1) five years work experience in the elevator industry | 14 |
| in construction,
maintenance, and service or repair, as | 15 |
| verified by current and previous
elevator
contractor's | 16 |
| licenses to do business, or satisfactory completion of a | 17 |
| written
examination administered by the Elevator Safety | 18 |
| Review Board or its designated provider on the most
recent | 19 |
| referenced codes and standards; or
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| (2) proof that the individual or firm holds a valid | 21 |
| license from a state
having standards substantially equal | 22 |
| to those of this State ; or .
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| (3) 5 years work experience in the elevator industry, | 24 |
| as verified by proof of insurance and submission of the | 25 |
| business address and contact information of a designated | 26 |
| officer within such business.
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| (c) This Section does not apply to a person or firm engaged | 28 |
| in
business as an elevator contractor in a
municipality
with
a | 29 |
| population over 500,000 that provides for the licensure of | 30 |
| elevator
contractors
for work performed
within the corporate | 31 |
| boundaries of a municipality with a population over
500,000.
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| (Source: P.A. 92-873, eff. 6-1-03.)
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| (225 ILCS 312/60)
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| (Section scheduled to be repealed on January 1, 2013)
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LRB094 12575 RAS 47220 b |
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| Sec. 60. Issuance and renewal of licenses; fees.
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| (a) Upon approval of an application, the Administrator may
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| issue a license that must be renewed every 2 years
biannually . | 4 |
| The renewal fee for the
license shall be
set by the Board.
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| (b) (Blank).
Whenever an emergency exists in the State due | 6 |
| to disaster or
work stoppage and the number of persons in the | 7 |
| State holding licenses granted
by the
Board is insufficient to | 8 |
| cope with the emergency, the licensed elevator
contractor shall
| 9 |
| respond as necessary to assure the safety of the public. Any | 10 |
| person certified
by a licensed
elevator contractor to have an | 11 |
| acceptable combination of documented experience
and
education | 12 |
| to perform elevator work without direct and immediate | 13 |
| supervision
shall seek
an emergency elevator mechanic's | 14 |
| license from the Administrator
within 5 business days after | 15 |
| commencing work requiring a license. The
Administrator
shall | 16 |
| issue emergency elevator mechanic's licenses. The applicant | 17 |
| shall furnish
proof of
competency as the Administrator may | 18 |
| require. Each license shall recite that it
is valid for a
| 19 |
| period of 30 days from the date thereof and for such particular | 20 |
| elevators
or
geographical areas as the Administrator may | 21 |
| designate and otherwise shall
entitle the
licensee to the | 22 |
| rights and privileges of a elevator mechanic's license issued
| 23 |
| under this
Act. The Administrator shall renew an emergency | 24 |
| elevator mechanic's license
during the
existence of an | 25 |
| emergency. No fee shall be charged for any emergency elevator
| 26 |
| mechanic's license or renewal thereof.
| 27 |
| (c) (Blank).
A licensed elevator contractor shall notify | 28 |
| the Administrator when there
are no
licensed personnel | 29 |
| available to perform elevator work. The licensed elevator
| 30 |
| contractor
may request that the Administrator issue temporary | 31 |
| elevator mechanic's licenses
to
persons certified by the | 32 |
| licensed elevator contractor to have an acceptable
combination | 33 |
| of
documented experience and education to perform elevator work | 34 |
| without direct and
immediate supervision. Any person certified | 35 |
| by a licensed elevator contractor
to have an
acceptable | 36 |
| combination of documented experience and education to perform
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SB2121 |
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LRB094 12575 RAS 47220 b |
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| elevator
work without direct and immediate supervision shall | 2 |
| immediately seek a
temporary
elevator mechanic's license from | 3 |
| the Administrator and shall pay such fee as
the Board
shall | 4 |
| determine. Each license shall recite that it is valid for a | 5 |
| period of
30 days from
the date of issuance and while employed | 6 |
| by the licensed elevator contractor
that certified
the | 7 |
| individual as qualified. It shall be renewable as long as the | 8 |
| shortage of
license holders
shall continue.
| 9 |
| (d) The renewal of all licenses granted under the | 10 |
| provisions of this Section
shall
be conditioned upon the | 11 |
| submission of a certificate of completion of a course
designed | 12 |
| to
ensure the continuing education of licensees on new and | 13 |
| existing provisions of
the
rules of the Elevator Safety Review | 14 |
| Board. Such course shall consist of
not less
than 8 hours of | 15 |
| instruction that shall be attended and completed within one
| 16 |
| year
immediately preceding any such license renewal.
| 17 |
| (e) The courses referred to in subsection (d) of this | 18 |
| Section shall be
taught
by instructors
through
continuing | 19 |
| education providers that may include, but shall not be limited | 20 |
| to,
association
seminars and labor training programs. The | 21 |
| Elevator Safety Review Board shall
approve
the continuing | 22 |
| education providers. All instructors shall be approved by the
| 23 |
| Board and
shall be exempt from the requirements of subsection | 24 |
| (d) of this Section with
regard to their
applications
for | 25 |
| license renewal, provided that such applicant was qualified as | 26 |
| an
instructor
at any time
during the one year immediately | 27 |
| preceding the scheduled date for such renewal.
| 28 |
| (f) A licensee who is unable to complete the continuing | 29 |
| education course
required
under this Section prior to the | 30 |
| expiration of his or her license due to a
temporary
disability
| 31 |
| may apply for a waiver from the Board. This shall be on a form | 32 |
| provided by the
Board,
which shall be signed under the penalty | 33 |
| of perjury and accompanied
by a
certified statement from a | 34 |
| competent physician attesting to such temporary
disability.
| 35 |
| Upon the termination of such temporary disability, the licensee | 36 |
| shall submit to
the Board
a certified statement from the same |
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SB2121 |
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LRB094 12575 RAS 47220 b |
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| physician, if practicable, attesting to the
termination
of the | 2 |
| temporary disability, at which time a waiver sticker, valid for | 3 |
| 90 days,
shall be
issued to the licensee and affixed to his or | 4 |
| her license.
| 5 |
| (g) Approved training providers shall keep for a period of | 6 |
| 10 years uniform
records of attendance of licensees following a | 7 |
| format approved by the Board.
These
records shall be available | 8 |
| for inspection by the Board at its request. Approved
training
| 9 |
| providers shall be responsible for the security of all | 10 |
| attendance records and
certificates of
completion, provided | 11 |
| that falsifying or knowingly allowing another to
falsify
| 12 |
| attendance records or certificates of completion shall | 13 |
| constitute grounds for
suspension or
revocation of the approval | 14 |
| required under this Section.
| 15 |
| (Source: P.A. 92-873, eff. 6-1-03.)
| 16 |
| (225 ILCS 312/95)
| 17 |
| (Section scheduled to be repealed on January 1, 2013)
| 18 |
| Sec. 95. New installations; annual inspections and | 19 |
| registrations.
| 20 |
| (a) All new conveyance installations shall be performed by | 21 |
| a person, firm, or
company to which a license to install or | 22 |
| service conveyances has been issued.
Subsequent
to | 23 |
| installation, the licensed person, firm, or company must | 24 |
| certify compliance
with the
applicable Sections of this Act. | 25 |
| Prior to any conveyance being used, the
property owner or
| 26 |
| lessee must obtain a certificate of operation from the | 27 |
| Administrator,
unless the property is located within a | 28 |
| municipality with a population greater
than 500,000. Except as | 29 |
| set forth in subsection (b) of this Section, a
A
fee as set
| 30 |
| forth in this Act shall be paid for the certificate of | 31 |
| operation. It shall be
the responsibility
of the licensed | 32 |
| elevator contractor to complete and submit first time
| 33 |
| registration for new
installations. The certificate of | 34 |
| operation fee for newly installed platform
lifts and
stairway | 35 |
| chair lifts for private residences shall be subsequent to an
|
|
|
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| 1 |
| inspection by a
licensed third party inspection firm.
| 2 |
| (b) The certificate of operation for newly installed | 3 |
| platform
lifts and
stairway chair lifts for private residences | 4 |
| shall be subsequent to an
inspection by a
licensed third party | 5 |
| inspection firm. The certificate of operation fee for all new | 6 |
| and existing platform and
stairway
chair lifts for private | 7 |
| residences and any renewal certificate fees shall be
waived. | 8 |
| The
Administrator or his or her designee shall inspect, in | 9 |
| accordance with the
requirements set
forth in this Act, all | 10 |
| newly installed and existing platform lifts and stairway
chair | 11 |
| lifts for
private residences subsequent to an inspection by a | 12 |
| person, firm, or company to
which a
license to inspect | 13 |
| conveyances has been issued, unless the private residence is
| 14 |
| located within a municipality with a population greater than | 15 |
| 500,000.
| 16 |
| (c) A certificate of operation referenced in subsection
| 17 |
| subsections (a) and (b)
of this Section is renewable annually, | 18 |
| except for certificates issued for
platform and stairway
| 19 |
| chairlifts for
private residences , which shall be valid for a | 20 |
| period of 3 years . Certificates
of operation
must be clearly | 21 |
| displayed on or in each conveyance or in the machine room for
| 22 |
| use for
the benefit of code enforcement staff.
| 23 |
| (Source: P.A. 92-873, eff. 6-1-03.)
| 24 |
| (225 ILCS 312/105)
| 25 |
| (Section scheduled to be repealed on January 1, 2013)
| 26 |
| Sec. 105. Enforcement.
| 27 |
| (a) It shall be the duty of the Elevator Safety Review | 28 |
| Board
to develop an
enforcement program to ensure compliance | 29 |
| with rules and
requirements
referenced in this Act. This shall | 30 |
| include, but shall not be limited to,
rules for
identification | 31 |
| of property locations that are subject to the rules and
| 32 |
| requirements; issuing notifications to violating property | 33 |
| owners or operators,
random on-site inspections, policies for | 34 |
| administrative penalties, and tests on existing installations; | 35 |
| witnessing
periodic
inspections and
testing in order to ensure |
|
|
|
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| 1 |
| satisfactory performance by licensed persons, firms,
or
| 2 |
| companies; and assisting in development of public awareness | 3 |
| programs.
| 4 |
| (b) Any person may make a request for an investigation into | 5 |
| an alleged
violation
of
this Act by giving notice to the | 6 |
| Administrator
of such violation or
danger. The
notice shall be | 7 |
| in writing, shall set forth with reasonable particularity the
| 8 |
| grounds for the
notice, and shall be signed by the person | 9 |
| making the request. Upon the request
of any
person signing the | 10 |
| notice, the person's name shall not appear on any copy of
the | 11 |
| notice
or any record published, released, or made available.
| 12 |
| (c) If, upon receipt of such notification, the | 13 |
| Administrator
determines
that there
are
reasonable grounds to | 14 |
| believe that such violation or danger exists, the
Administrator
| 15 |
| shall cause to be made an investigation in accordance
with the | 16 |
| provisions of
this Act as
soon as practicable to determine if | 17 |
| such violation or danger exists. If the
Administrator | 18 |
| determines that there are no reasonable
grounds to believe that | 19 |
| a
violation or
danger exists, he or she shall notify the party | 20 |
| in writing of such
determination.
| 21 |
| (d) This Section does not apply within a municipality with | 22 |
| a population over
500,000.
| 23 |
| (Source: P.A. 92-873, eff. 6-1-03.)
| 24 |
| (225 ILCS 312/110)
| 25 |
| (Section scheduled to be repealed on January 1, 2013)
| 26 |
| Sec. 110. Liability.
| 27 |
| (a) This Act shall not be construed to relieve or lessen | 28 |
| the responsibility
or
liability of any person, firm, or | 29 |
| corporation owning, operating, controlling,
maintaining,
| 30 |
| erecting, constructing, installing, altering, inspecting, | 31 |
| testing, or repairing
any elevator or
other related mechanisms | 32 |
| covered by this Act for damages to person or property
caused
by | 33 |
| any defect therein, nor does the State or any unit of local | 34 |
| government
assume any such liability or
responsibility
| 35 |
| therefore or any liability to any person for whatever reason |
|
|
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|
| 1 |
| whatsoever by the
adoption of
this Act or any acts or omissions | 2 |
| arising under this Act.
| 3 |
| (b) Any owner or lessee who violates any of the provisions | 4 |
| of this Act
shall
be fined in an amount not to exceed $1,500 | 5 |
| per violation, per day .
| 6 |
| (c) Compliance with this Act is not a defense to a legal | 7 |
| proceeding.
| 8 |
| (Source: P.A. 92-873, eff. 6-1-03.)
| 9 |
| (225 ILCS 312/120)
| 10 |
| (Section scheduled to be repealed on January 1, 2013)
| 11 |
| Sec. 120. Inspection and testing.
| 12 |
| (a) It shall be the responsibility of the owner of all new | 13 |
| and existing
conveyances
located in any building or structure | 14 |
| to have the conveyance inspected annually
by a person, firm, or | 15 |
| company to which a license to
inspect
conveyances has been | 16 |
| issued. Subsequent to inspection, the licensed person,
firm, or
| 17 |
| company must supply the property owner or lessee and the | 18 |
| Administrator
with a
written inspection report describing any | 19 |
| and all violations. Property owners
shall have 30
days from the | 20 |
| date of the published inspection report to be in full | 21 |
| compliance
by
correcting the violations. The Administrator | 22 |
| shall determine whether or not such violations have been | 23 |
| corrected.
| 24 |
| (b) It shall be the responsibility of the owner of all | 25 |
| conveyances to have a
firm or
company licensed as described in | 26 |
| this Act to ensure that the required
inspection and test
are | 27 |
| performed at intervals in compliance with ASME A17.1, ASME | 28 |
| A18.1, and
ASCE 21.
| 29 |
| (c) All tests shall be performed by a licensed elevator | 30 |
| mechanic.
| 31 |
| (Source: P.A. 92-873, eff. 6-1-03.)
| 32 |
| (225 ILCS 312/135)
| 33 |
| (Section scheduled to be repealed on January 1, 2013)
| 34 |
| Sec. 135. Elevators in private residences. The owner of a |
|
|
|
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LRB094 12575 RAS 47220 b |
|
| 1 |
| conveyance
located
in his or her private residence may | 2 |
| register, pay the required fee, and have
his or her existing
| 3 |
| conveyance inspected.
The Administrator shall provide annual
| 4 |
| notice to the owner of the private residence
where the | 5 |
| conveyance is located with relevant information about | 6 |
| conveyance
safety requirements, including the need to have the | 7 |
| elevator periodically and
timely inspected and made safe. Any | 8 |
| inspection performed shall be done solely
at the request and | 9 |
| with the consent of the private residence owner. No penalty
| 10 |
| provision of this Act shall apply to private residence owners.
| 11 |
| (Source: P.A. 92-873, eff. 6-1-03.)
| 12 |
| Section 99. Effective date. This Act takes effect upon | 13 |
| becoming law. |
|