Full Text of HB4120 94th General Assembly
HB4120 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB4120
Introduced 10/06/05, by Rep. David R. Leitch 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 312/25 |
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225 ILCS 312/35 |
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225 ILCS 312/40 |
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225 ILCS 312/43 new |
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225 ILCS 312/47 new |
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225 ILCS 312/57 new |
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225 ILCS 312/70 |
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225 ILCS 312/80 |
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225 ILCS 312/90 |
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225 ILCS 312/95 |
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225 ILCS 312/100 |
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225 ILCS 312/107 new |
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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. Provides for the licensure of accessibility contractors and accessibility technicians. Makes changes in Sections concerning definitions, licensure, the Elevator Safety Review Board, the Administrative Procedure Act, registration, permits, new installations and certificates of operation (rather than annual inspections), insurance requirements, inspections and testing, and residential accessibility conveyances (rather than elevators in private residences). Effective immediately.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
FISCAL NOTE ACT MAY APPLY |
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A BILL FOR
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HB4120 |
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LRB094 14111 RAS 49009 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, 25, 35, 40, 70, 80, 90, | 6 |
| 95, 100, 120, and 135 and by adding Sections 43, 47, 57, and | 7 |
| 107 as 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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| "Accessibility contractor" means any person, firm, or | 12 |
| corporation that possesses an accessibility contractor's | 13 |
| license in accordance with the provisions of Sections 43 and 57 | 14 |
| of this Act and who is engaged in the business of erecting, | 15 |
| constructing, installing, altering, servicing, testing, | 16 |
| repairing, or maintaining an accessibility conveyance covered | 17 |
| by this Act. | 18 |
| "Accessibility contractor's license" means a license | 19 |
| issued to an accessibility contractor who has proven his or her | 20 |
| qualifications and ability and has been authorized by the | 21 |
| Elevator Safety Review Board to engage in the business of | 22 |
| erecting, constructing, installing, altering, servicing, | 23 |
| testing, repairing, or maintaining accessibility conveyances. | 24 |
| "Accessibility conveyance" means any of the following: | 25 |
| (1) A platform lift or stairway chairlift, as defined | 26 |
| under National Code Standard Reference ASME A18.1. | 27 |
| (2) A private residence elevator, as defined under
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| National Code Standard Reference ASME A17.1, Part 5.3. | 29 |
| (3) A dumbwaiter without an automatic transfer device, | 30 |
| as defined by ASME A17.1, Parts 7.1 and 7.2, that is | 31 |
| erected, constructed, installed, altered, serviced, | 32 |
| repaired, or maintained in a private residence. |
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| (4) A limited use/limited application (LULA) elevator, | 2 |
| as defined under ASME A17.1 Part 5.2. | 3 |
| "Accessibility technician" means any person who possesses | 4 |
| an accessibility technician's license in accordance with the | 5 |
| provisions of Sections 43 and 47 of this Act and who is engaged | 6 |
| in erecting, constructing, installing, altering, servicing, | 7 |
| testing, repairing, or maintaining accessibility conveyances | 8 |
| covered by this Act. | 9 |
| "Accessibility technician's license" means a license | 10 |
| issued to a person who has proven his or her qualifications and | 11 |
| ability and has been authorized by the Elevator Safety Review | 12 |
| Board to erect, install, construct, alter, service, repair, | 13 |
| test, maintain, and perform electrical work on an accessibility | 14 |
| conveyance.
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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 | 17 |
| hoists, an American
National Standard.
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| "ASCE 21" means the American Society of Civil Engineers | 19 |
| Automated People
Mover Standards.
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| "ASME A17.1" means the Safety Code for
Elevators and | 21 |
| Escalators, an American National Standard.
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| "ASME A17.3" means the Safety Code for
Existing Elevators | 23 |
| and Escalators, an American National Standard.
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| "ASME A18.1" means the Safety Standard for
Platform Lifts | 25 |
| and Stairway Chairlifts, an American National Standard.
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| "Automated people mover" means an
installation as defined | 27 |
| 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 | 30 |
| the Administrator
that indicates that the conveyance has passed | 31 |
| the required safety inspection
and tests and fees have been | 32 |
| paid as set forth in this Act. The Administrator
may issue a | 33 |
| temporary certificate of operation that permits the temporary | 34 |
| use
of a non-compliant conveyance by the general public for a | 35 |
| limited time of 30
days while minor repairs are being | 36 |
| completed.
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| "Conveyance" means any elevator, dumbwaiter, escalator, | 2 |
| moving sidewalk,
platform lifts, stairway chairlifts and | 3 |
| automated people movers.
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| "Elevator" means an installation defined as an
"elevator" | 5 |
| in ASME A17.1.
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| "Elevator contractor" means any person, firm, or | 7 |
| corporation who possesses
an elevator contractor's license in | 8 |
| accordance with the provisions of Sections
40 and 55 of this | 9 |
| Act and who is engaged in the business of erecting,
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| constructing, installing, altering, servicing, repairing, or | 11 |
| maintaining
elevators or related conveyance covered by this | 12 |
| Act.
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| "Elevator contractor's license" means a license issued to | 14 |
| an elevator
contractor who has proven his or her qualifications | 15 |
| and ability and has been
authorized by the Elevator Safety | 16 |
| Review Board to possess this type of
license. It shall entitle | 17 |
| the holder thereof to engage in the business of
erecting, | 18 |
| constructing, installing, altering, servicing, testing, | 19 |
| repairing,
or maintaining elevators or related conveyance | 20 |
| covered by this Act. The
Administrator may issue a limited | 21 |
| elevator contractor's license authorizing a
firm or company | 22 |
| that employs individuals to carry on a business of erecting,
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| constructing, installing, altering, servicing, repairing, or | 24 |
| maintaining
platform lifts and stairway chairlifts within any | 25 |
| building or structure,
including but not limited to private | 26 |
| residences.
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| "Elevator inspector" means any person who possesses an | 28 |
| elevator inspector's
license in accordance with the provisions | 29 |
| of this Act or any person who
performs the duties and functions | 30 |
| of an elevator inspector for any unit of
local government with | 31 |
| a population greater than 500,000 prior to or on the
effective | 32 |
| date of this Act.
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| "Elevator mechanic" means any person who possesses an | 34 |
| elevator mechanic's
license in accordance with the provisions | 35 |
| of Sections 40 and 45 of this Act and
who is engaged in | 36 |
| erecting, constructing, installing, altering, servicing,
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| repairing, or maintaining elevators or related conveyance | 2 |
| covered by this Act.
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| "Elevator mechanic's license" means a license issued to a | 4 |
| person who has
proven his or her qualifications and ability and | 5 |
| has been authorized by the
Elevator Safety Review Board to work | 6 |
| on conveyance equipment. It shall entitle
the holder thereof to | 7 |
| install, construct, alter, service, repair, test,
maintain, | 8 |
| 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 | 11 |
| "escalator" in ASME A17.1.
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| "Existing installation" means an installation
defined as | 13 |
| an "installation, existing" in ASME A17.1.
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| "Inspector's license" means a license issued to a person | 15 |
| who has proven his
or her qualifications and ability and has | 16 |
| been authorized by the Elevator
Safety Review Board to possess | 17 |
| this type of license. It shall entitle the
holder thereof to | 18 |
| 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 | 21 |
| Administrator,
authorizing a person, firm, or company to carry | 22 |
| on the business of erecting,
constructing, installing, | 23 |
| altering, servicing, repairing, maintaining, or
performing | 24 |
| inspections of elevators or related conveyance covered by this | 25 |
| Act.
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| "Material alteration" means an "alteration" as defined by | 27 |
| the Board.
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| "Moving walk" means an installation as defined as a "moving | 29 |
| walk"
in ASME A17.1.
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| "Private residence" means a separate dwelling or a separate | 31 |
| apartment in
a multiple dwelling that is occupied by members of | 32 |
| a single-family unit.
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| "Repair" has the meaning defined by the Board, which does | 34 |
| not require a
permit.
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| "Temporarily dormant" means an elevator, dumbwaiter, or | 36 |
| escalator:
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| (1) with a power supply that has been disconnected by | 2 |
| removing fuses and
placing a padlock on the mainline | 3 |
| disconnect switch in the "off" position;
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| (2) with a car that is parked and hoistway doors that | 5 |
| are in the closed
and latched position;
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| (3) with a wire seal on the mainline disconnect switch | 7 |
| installed by a
licensed elevator inspector;
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| (4) that shall not be used again until it has been put | 9 |
| in safe running
order and is in condition for use;
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| (5) requiring annual inspections for the duration of | 11 |
| the temporarily
dormant status by a licensed elevator | 12 |
| inspector;
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| (6) that has a "temporarily dormant" status that is | 14 |
| renewable on an
annual basis, not to exceed a one-year | 15 |
| period;
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| (7) requiring the inspector to file a report with the | 17 |
| chief elevator
inspector describing the current | 18 |
| conditions; and
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| (8) with a wire seal and padlock that shall not be | 20 |
| removed for any
purpose without permission from the | 21 |
| 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, | 27 |
| wire, alter,
replace,
maintain, remove, or dismantle any | 28 |
| conveyance contained within buildings or
structures
in the | 29 |
| jurisdiction of this State unless he or she possesses an | 30 |
| elevator
mechanic's license
under this Act and unless he or she | 31 |
| works under the direct supervision of a
person,
firm, or
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| company having an elevator contractor's license in accordance | 33 |
| with Section 40
of this Act or exempted by that Section.
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| However, a licensed elevator contractor is not required for | 35 |
| removal or
dismantling of conveyances that are destroyed as a |
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| result of a complete
demolition of a secured building or | 2 |
| structure or where the hoistway or wellway
is demolished back | 3 |
| to the basic support structure and where no access is
permitted | 4 |
| that would endanger the safety and welfare of a person.
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| (a-5) On or after the effective date of this amendatory Act | 6 |
| of the 94th General Assembly, no person shall erect, construct, | 7 |
| wire, alter, replace, maintain, remove, or dismantle any | 8 |
| accessibility conveyance contained within buildings or | 9 |
| structures in the jurisdiction of this State unless he or she | 10 |
| possesses an accessibility conveyance technician's license | 11 |
| under this Act and unless he or she works under the direct | 12 |
| supervision of a person, firm, or company having an | 13 |
| accessibility conveyance contractor's license in accordance | 14 |
| with Section 43 of this Act or exempted by that Section. | 15 |
| However, a licensed accessibility contractor is not required | 16 |
| for removal or dismantling of conveyances that are destroyed as | 17 |
| a 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, no person shall inspect any | 22 |
| conveyance within
buildings
or structures, including, but not | 23 |
| 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 312/25)
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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 | 30 |
| Fire Marshal
the Elevator Safety Review Board, consisting of 17
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| 13 members. The Administrator
shall appoint 3 members who shall | 32 |
| be representatives of
of a fire
service communities. The | 33 |
| Governor shall appoint the remaining 14
10 members of
the Board | 34 |
| as follows: one representative from a major elevator | 35 |
| manufacturing
company or its authorized representative; one |
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| representative from an elevator
servicing company; one | 2 |
| representative of the architectural design
profession; one | 3 |
| representative of the general public who is not affiliated with | 4 |
| any other group specified in this Section ; one representative | 5 |
| of a
municipality in this State with a population over 500,000 | 6 |
| who is not affiliated with any other group specified in this | 7 |
| Section ; one representative
of a municipality in this State | 8 |
| with a population under 25,000 who is not affiliated with any | 9 |
| other group specified in this Section ; one
representative of a | 10 |
| municipality in this State with a population of 25,000 or
over | 11 |
| but under 50,000 who is not affiliated with any other group | 12 |
| specified in this Section ; one representative of a municipality | 13 |
| in this State with
a population of 50,000 or over but under | 14 |
| 500,000 who is not affiliated with any other group specified in | 15 |
| this Section ; one representative of a
building owner or | 16 |
| manager; and one representative of labor involved in the
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| installation, maintenance, and repair of elevators ; 2 | 18 |
| representatives of the disabled community recommended by the | 19 |
| Illinois Network of Centers for Independent Living; one | 20 |
| representative of the aging community recommended by the | 21 |
| Illinois Association of Area Agencies on Aging; and one | 22 |
| licensed accessibility conveyance contractor who is a member of | 23 |
| Associated Builders and Contractors .
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| (b) The members constituting the Board shall be appointed | 25 |
| for initial terms
as follows:
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| (1) Of the members appointed by the Administrator, 2 | 27 |
| shall serve
for a term of 2 years, and one for a term of 4 | 28 |
| years.
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| (2) Of the members appointed by the Governor, 2 shall | 30 |
| serve for a term
of one year, 2 for terms of 2 years, 2 for | 31 |
| terms of 3 years, and 4 for terms of
4 years.
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| (3) Of the members appointed by the Governor pursuant | 33 |
| to this amendatory Act of the 94th General Assembly, 2 | 34 |
| shall serve for a term of 2 years and 2 shall serve for a | 35 |
| term of 4 years.
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| At the expiration of their initial terms of office, the |
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| members or their
successors shall be appointed for terms of 4 | 2 |
| years each. Upon the expiration
of a member's term of office, | 3 |
| the officer who appointed
that member shall reappoint that | 4 |
| member or appoint a successor who is a
representative of the | 5 |
| same interests with which his or her predecessor was
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| identified. The Administrator and the Governor may at any time | 7 |
| remove any
of their respective appointees for inefficiency or | 8 |
| neglect of duty in office.
Upon the death or incapacity of a | 9 |
| member, the officer who appointed that member
shall fill the | 10 |
| 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 | 12 |
| his or her
predecessor was identified. The members shall serve | 13 |
| without salary, but shall
receive from the State expenses | 14 |
| necessarily incurred by them in performance
of their duties. | 15 |
| The Governor shall appoint one of the members to serve as
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| chairperson. The chairperson shall be the deciding vote in the | 17 |
| event of a tie
vote.
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| (Source: P.A. 92-873, eff. 6-1-03; revised 1-20-03.)
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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.
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| (a) The Board shall consult with engineering authorities | 23 |
| and organizations
and
adopt rules consistent with the | 24 |
| provisions of this Act for the
administration and
enforcement | 25 |
| of this Act. The Board may prescribe forms to be issued in
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| connection with
the administration and enforcement of this Act. | 27 |
| The rules shall establish
standards and
criteria consistent | 28 |
| with this Act for licensing of elevator mechanics,
inspectors, | 29 |
| and installers of
elevators,
including the provisions of the | 30 |
| Safety Code for Elevators and Escalators (ASME
A17.1),
the | 31 |
| Safety Code for Existing Elevators (ASME A18.1), the Standard | 32 |
| for the
Qualification
of Elevator Inspectors (ASME QEI-1), the | 33 |
| Automated People Mover Standards
(ASCE 21), and the safety | 34 |
| requirements for personnel hoists (ANSI A10.4). The rules shall | 35 |
| also establish standards and criteria consistent with this Act |
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LRB094 14111 RAS 49009 b |
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| for licensing of accessibility conveyance technicians and | 2 |
| accessibility conveyance contractors, including the provisions | 3 |
| of the Safety Code for Platform Lifts and Stairway Chairlifts | 4 |
| (ASME A18.1), the Safety Code for Private Residence Elevators | 5 |
| (ASME A17.1, Part 5.3), the Safety Code for Dumbwaiters without | 6 |
| Automatic Transfer Devices (ASME A17.1, Parts 7.1 and 7.2), and | 7 |
| the Safety Code for Limited Use/Limited Application elevators | 8 |
| (ASME 17.1, Part 5.2).
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| (b) The Board shall have the authority to grant exceptions | 10 |
| and
variances from
the literal requirements of
applicable State | 11 |
| codes, standards, and regulations in cases where such
variances
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| would not
jeopardize the public
safety and
welfare. The Board | 13 |
| shall have the authority to hear appeals, hold hearings, and
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| decide
upon such within 30 days of the appeal.
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| (c) The Board shall establish fee schedules for licenses, | 16 |
| permits,
certificates, and
inspections. The fees shall be set | 17 |
| at an amount necessary to cover the actual
costs and expenses | 18 |
| to operate
the Board
and to conduct the duties as described in | 19 |
| this Act.
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| (d) The Board shall be authorized to recommend the | 21 |
| amendments of applicable
legislation, when appropriate, to | 22 |
| legislators.
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| (e) The Administrator may solicit the advice and expert | 24 |
| knowledge of
the
Board on any matter relating to the | 25 |
| administration and enforcement of this Act.
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| (f) The Administrator may employ professional, technical,
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| investigative, or
clerical help, on either a full-time or | 28 |
| part-time basis, as may be necessary
for the
enforcement of | 29 |
| this Act.
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| (g) The Board shall not have authority within | 31 |
| municipalities with a
population over
500,000
that have a | 32 |
| municipal code that covers the design, construction, | 33 |
| operation,
inspection,
testing, maintenance, alteration, and | 34 |
| repair of elevators, dumbwaiters,
escalators, and
moving | 35 |
| walks.
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| (Source: P.A. 92-873, eff. 6-1-03.)
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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 elevator contractor's license.
| 4 |
| (a) Any person, firm, or company wishing to engage in the | 5 |
| business of
installing,
altering, repairing, servicing, | 6 |
| replacing, or maintaining elevators,
dumbwaiters,
escalators, | 7 |
| or
moving walks within this State shall make application for a | 8 |
| license with the
Administrator.
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| (b) All applications shall contain the following | 10 |
| information:
| 11 |
| (1) if the applicant is a person, the name, residence, | 12 |
| and business address
of the applicant;
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| (2) if the applicant is a partnership, the name, | 14 |
| residence, and business
address of each partner;
| 15 |
| (3) if the applicant is a domestic corporation, the | 16 |
| name and business
address of the corporation and the name | 17 |
| and residence address of the principal
officer of the | 18 |
| corporation;
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| (4) if the applicant is a corporation other than a | 20 |
| domestic corporation,
the
name and address of an agent | 21 |
| locally located who shall be authorized to accept
service | 22 |
| of process and official notices;
| 23 |
| (5) the number of years the applicant has engaged in | 24 |
| the business of
installing, inspecting, maintaining, or | 25 |
| servicing elevators or platform
lifts or both;
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| (6) if applying for an elevator contractor's license, | 27 |
| the approximate
number of persons, if any, to be employed | 28 |
| by the elevator contractor applicant
and, if applicable, | 29 |
| satisfactory evidence that the employees are or will be
| 30 |
| covered
by workers' compensation insurance;
| 31 |
| (7) satisfactory evidence that the applicant is or will | 32 |
| be covered by
general
liability, personal injury, and | 33 |
| property damage insurance;
| 34 |
| (8) any criminal record of convictions; and
| 35 |
| (9) any other information as the Administrator may |
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| require.
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| (c) This Section does not apply to a person, firm, or | 3 |
| company located in a
municipality with a population over | 4 |
| 500,000 that provides for the licensure of
contractors
for work | 5 |
| performed
within the corporate boundaries of a municipality | 6 |
| with a population over
500,000.
| 7 |
| (Source: P.A. 92-873, eff. 6-1-03.)
| 8 |
| (225 ILCS 312/43 new) | 9 |
| (Section scheduled to be repealed on January 1, 2013) | 10 |
| Sec. 43. Application for accessibility conveyance | 11 |
| contractor's license.
| 12 |
| (a) Any person, firm, or company wishing to engage in the | 13 |
| business of installing, altering, repairing, servicing, | 14 |
| replacing, or maintaining accessibility conveyances within | 15 |
| this State shall make application for a license with the | 16 |
| Administrator. | 17 |
| (b) All applications shall contain the following | 18 |
| information: | 19 |
| (1) if the applicant is a person, the name, residence, | 20 |
| and business address of the applicant; | 21 |
| (2) if the applicant is a partnership, the name, | 22 |
| residence, and business address of each partner; | 23 |
| (3) if the applicant is a domestic corporation, the | 24 |
| name and business address of the corporation and the name | 25 |
| and residence address of the principal officer of the | 26 |
| corporation; | 27 |
| (4) if the applicant is a corporation other than a | 28 |
| domestic corporation, the name and address of an agent | 29 |
| locally located who shall be authorized to accept service | 30 |
| of process and official notices; | 31 |
| (5) the number of years the applicant has engaged in | 32 |
| the business of installing, inspecting, maintaining, or | 33 |
| servicing accessibility conveyances; | 34 |
| (6) the approximate number of persons, if any, to be | 35 |
| employed by the accessibility conveyance contractor |
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| applicant and, if applicable, satisfactory evidence that | 2 |
| the employees are or will be covered by workers' | 3 |
| compensation insurance; | 4 |
| (7) satisfactory evidence that the applicant is or will | 5 |
| be covered by general liability, personal injury, and | 6 |
| property damage insurance; | 7 |
| (8) any criminal record of convictions; and | 8 |
| (9) any other information as the Administrator may
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| require. | 10 |
| (c) This Section does not apply to a person, firm, or | 11 |
| company located in a municipality with a population over | 12 |
| 500,000 that provides for the licensure of contractors for work | 13 |
| performed within the corporate boundaries of a municipality | 14 |
| with a population over 500,000. | 15 |
| (225 ILCS 312/47 new) | 16 |
| (Section scheduled to be repealed on January 1, 2013) | 17 |
| Sec. 47. Qualifications for accessibility technician's | 18 |
| license.
| 19 |
| (a) No license shall be granted to any person who has not | 20 |
| paid the required application fee. | 21 |
| (b) No license shall be granted to any person who has not | 22 |
| proven his or her qualifications and abilities. Applicants for | 23 |
| an accessibility technician's license must demonstrate one of | 24 |
| the following qualifications: | 25 |
| (1) An acceptable combination of documented experience | 26 |
| and
education credits consisting of: | 27 |
| (A) not less than 2 years work experience in the | 28 |
| accessibility conveyance industry, in construction, | 29 |
| maintenance, and service or repair, as verified by | 30 |
| current and previous employers; and | 31 |
| (B) satisfactory completion of a written | 32 |
| examination administered by the Elevator Safety Review | 33 |
| Board on the adopted rules, referenced codes, and | 34 |
| standards. | 35 |
| (2) Acceptable proof that he or she has worked as an |
|
|
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| 1 |
| accessibility technician; acceptable proof shall consist | 2 |
| of documentation that he or she worked substantially | 3 |
| without direct and immediate supervision for an | 4 |
| accessibility conveyance contractor who has worked on | 5 |
| accessibility conveyances in this State for a period of not | 6 |
| less than 3 years immediately prior to the effective date | 7 |
| of this amendatory Act of the 94th General Assembly. In | 8 |
| order for a person to be granted a license under this | 9 |
| paragraph (2), the person must make application within one | 10 |
| year after the effective date of adopted rules established | 11 |
| to implement this Section. | 12 |
| (3) A certificate of successful completion of a | 13 |
| nationally recognized training program for the | 14 |
| accessibility conveyance industry such as the National | 15 |
| Elevator Industry Educational Program, the National | 16 |
| Association of Elevator Contractors Certified Elevator | 17 |
| Technician or Certified Accessibility and Private Lift | 18 |
| Programs, or an equivalent program. | 19 |
| (4) A certificate of completion of an apprenticeship | 20 |
| program registered with the Bureau of Apprenticeship and | 21 |
| Training, U.S. Department of Labor. | 22 |
| (5) A valid license from a state having standards | 23 |
| substantially equal to those of this State. | 24 |
| (225 ILCS 312/57 new) | 25 |
| (Section scheduled to be repealed on January 1, 2013) | 26 |
| Sec. 57. Qualifications for accessibility contractor's | 27 |
| license.
| 28 |
| (a) No license shall be granted to any person, firm, or | 29 |
| corporation unless the appropriate application fee is paid. | 30 |
| (b) No license shall be granted to any person, firm, or | 31 |
| corporation who has not proven the required qualifications and | 32 |
| abilities. An applicant must demonstrate one of the following | 33 |
| qualifications: | 34 |
| (1) Proof of 5 years work experience in the | 35 |
| accessibility
conveyance industry in construction, |
|
|
|
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| 1 |
| maintenance, and service or repair of accessibility | 2 |
| conveyance equipment. | 3 |
| (2) Satisfactory completion of a written examination | 4 |
| administered by the Elevator Safety Review Board on the | 5 |
| most recent referenced codes and standards. | 6 |
| (3) Proof that the individual or firm holds a valid | 7 |
| license from a state having standards substantially equal | 8 |
| to those of this State. | 9 |
| (c) This Section does not apply to a person or firm engaged | 10 |
| in business as an accessibility conveyance contractor in a | 11 |
| municipality with a population over 500,000 that provides for | 12 |
| the licensure of contractors for work performed on | 13 |
| accessibility conveyances within the corporate boundaries of a | 14 |
| municipality with a population over 500,000.
| 15 |
| (225 ILCS 312/70)
| 16 |
| (Section scheduled to be repealed on January 1, 2013)
| 17 |
| Sec. 70. Administrative Procedure Act. The Illinois | 18 |
| Administrative
Procedure Act is hereby expressly adopted and | 19 |
| incorporated herein as if all of
the provisions of that Act | 20 |
| were included in this Act , except that the provision
of
| 21 |
| subsection (d) of Section 10-65 of the Illinois Administrative | 22 |
| Procedure Act
that provides that at hearings the licensee has | 23 |
| the right to show compliance
with all lawful requirements for | 24 |
| retention, or continuation or renewal of the
license, is | 25 |
| specifically excluded . For the purposes of this Act, the notice
| 26 |
| required under Section 10-25 of the Illinois Administrative | 27 |
| Procedure Act is
deemed sufficient when mailed to the last | 28 |
| known address of a party.
| 29 |
| (Source: P.A. 92-873, eff. 6-1-03.)
| 30 |
| (225 ILCS 312/80)
| 31 |
| (Section scheduled to be repealed on January 1, 2013)
| 32 |
| Sec. 80. Registration of existing non-residential
| 33 |
| elevators, platform lifts, dumbwaiters,
escalators, moving | 34 |
| walks, and any other conveyance. Within 6 months after the
date |
|
|
|
HB4120 |
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| 1 |
| of
the appointment of the Board, the owner or lessee of every | 2 |
| existing conveyance , except accessibility conveyances | 3 |
| installed in a private residence after the effective date of | 4 |
| this amendatory Act of the 94th General Assembly,
shall
| 5 |
| register with the Administrator each elevator, dumbwaiter, | 6 |
| platform lift,
escalator, or
other device described in Section | 7 |
| 10 of this Act and provide the type, rated
load and
speed, name | 8 |
| of
manufacturer, its location, the purpose for which it is | 9 |
| used, and such
additional
information as the Administrator may | 10 |
| require. Elevators, dumbwaiters,
platform lifts,
escalators, | 11 |
| moving walks, or other conveyances of which construction has | 12 |
| begun
subsequent to the date of the creation of the Board shall | 13 |
| be registered at the
time they are
completed and placed in | 14 |
| service.
| 15 |
| The owner of an existing accessibility conveyance | 16 |
| installed in a private residence may register the conveyance | 17 |
| with the Administrator. No State fee or State penalty shall be | 18 |
| charged for registration of an accessibility conveyance | 19 |
| installed in a private residence.
| 20 |
| (Source: P.A. 92-873, eff. 6-1-03.)
| 21 |
| (225 ILCS 312/90)
| 22 |
| (Section scheduled to be repealed on January 1, 2013)
| 23 |
| Sec. 90. Permits.
| 24 |
| (a) No conveyance covered by this Act shall be erected, | 25 |
| constructed,
installed,
or altered within buildings or | 26 |
| structures within this State unless a permit has
been
obtained | 27 |
| from the Administrator or a municipality or other unit of local
| 28 |
| government.
If the permit is obtained
from
a municipality or | 29 |
| other unit of local government, the municipality or other
unit | 30 |
| of local
government that issued the permit shall
keep the | 31 |
| permit on file for a period of not less than one year from the | 32 |
| date of
issuance and send a copy to the Administrator for | 33 |
| inspection.
Where
any material alteration is made, the device | 34 |
| shall conform to applicable
requirements in
ASME A17.1, ASME | 35 |
| A18.1, ASCE 21, or ANSI A10.4. No permit required under this
|
|
|
|
HB4120 |
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|
| 1 |
| Section
shall be
issued
except to a person, firm, or | 2 |
| corporation holding a current elevator
contractor's license or | 3 |
| accessibility contractor's license ,
duly issued pursuant to | 4 |
| this Act. A copy of the permit shall be kept at the
| 5 |
| construction
site at all times while the work is in progress.
| 6 |
| (b) The permit fee shall be as set by the Board. Permit | 7 |
| fees collected are
non-refundable.
| 8 |
| (c) Each application for a permit shall be accompanied by | 9 |
| applicable fees and
by
copies of specifications and accurately | 10 |
| scaled and fully dimensioned plans
showing the
location of the | 11 |
| installation in relation to the plans and elevation of the
| 12 |
| building, the
location of the machinery room and the equipment | 13 |
| to be installed, relocated, or
altered,
and all structural | 14 |
| supporting members, including foundations. The applicant
shall | 15 |
| also
specify all materials to be employed and all loads to be | 16 |
| supported or conveyed.
These
plans and specifications shall be | 17 |
| sufficiently complete to illustrate all
details of
| 18 |
| construction and design.
| 19 |
| (d) Permits may be revoked for the following reasons:
| 20 |
| (1) Any false statements or misrepresentation as to the | 21 |
| material
facts in the application, plans, or | 22 |
| specifications on which the permit was
based.
| 23 |
| (2) The permit was issued in error and should not have | 24 |
| been
issued
in accordance with the code.
| 25 |
| (3) The work detailed under the permit is not being | 26 |
| performed in
accordance with the provisions of the | 27 |
| application, plans, or specifications or
with
the code or | 28 |
| conditions of the permit.
| 29 |
| (4) The elevator contractor or accessibility | 30 |
| contractor to whom the permit was issued fails or
refuses | 31 |
| to comply with a "stop work" order.
| 32 |
| (5) If the work authorized by a permit is not commenced | 33 |
| within 6 months
after
the date of issuance, or within a | 34 |
| shorter period of time as the Administrator or his or her
| 35 |
| duly authorized representative in his or her discretion may | 36 |
| specify at the time
the
permit is
issued.
|
|
|
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| 1 |
| (6) If the work is suspended or abandoned for a period | 2 |
| of 60 days, or
shorter
period
of time as the Administrator | 3 |
| or his or her duly authorized representative
in his
or her | 4 |
| discretion
may specify at the time the permit is issued, | 5 |
| after the work has been started.
For good
cause, the | 6 |
| Administrator or his or her representative may allow an
| 7 |
| extension of
this
period at his or her discretion.
| 8 |
| (e) This Section does not apply to conveyances located in a | 9 |
| municipality
with a
population over 500,000 that provides for | 10 |
| permits of such conveyances.
| 11 |
| (f) No State permit fee shall be applied to an | 12 |
| accessibility conveyance that has been verified by an elevator | 13 |
| contractor or an accessibility contractor as a conveyance for | 14 |
| use in a private residence.
| 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; certificates of operation
| 19 |
| annual inspections and 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. A
fee as | 29 |
| set
forth in this Act shall be paid for the certificate of | 30 |
| operation. It shall be
the responsibility
of the licensed | 31 |
| elevator contractor or accessibility contractor to complete | 32 |
| and submit first time
registration for new
installations. The | 33 |
| certificate of operation fee for newly installed accessibility | 34 |
| conveyances
platform
lifts and
stairway chair lifts for private | 35 |
| residences shall be subsequent to an
inspection by a
licensed |
|
|
|
HB4120 |
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|
| 1 |
| third party inspection firm.
| 2 |
| (b) No State
The certificate of operation fee shall be | 3 |
| required for any
all new and existing accessibility conveyance | 4 |
| installed in a private residence
platform and
stairway
chair | 5 |
| lifts for private residences and any renewal certificate fees | 6 |
| shall be
waived. The
Administrator or his or her designee shall | 7 |
| inspect, in accordance with the
requirements set
forth in this | 8 |
| Act, all newly installed and existing platform lifts and | 9 |
| stairway
chair lifts for
private residences subsequent to an | 10 |
| inspection by a person, firm, or company to
which a
license to | 11 |
| inspect conveyances has been issued, unless the private | 12 |
| residence is
located within a municipality with a population | 13 |
| greater than 500,000 .
| 14 |
| (c) The
A certificate of operation referenced in subsection
| 15 |
| subsections (a) and (b)
of this Section is renewable annually, | 16 |
| except for certificates issued for
accessibility conveyances
| 17 |
| platform and stairway
chairlifts for
private residences , which | 18 |
| shall be valid for a period of 3 years. Certificates
of | 19 |
| operation
must be clearly displayed on or in each conveyance or | 20 |
| in the machine room for
use for
the benefit of code enforcement | 21 |
| staff.
| 22 |
| (Source: P.A. 92-873, eff. 6-1-03.)
| 23 |
| (225 ILCS 312/100)
| 24 |
| (Section scheduled to be repealed on January 1, 2013)
| 25 |
| Sec. 100. Insurance requirements.
| 26 |
| (a) Elevator contractors shall submit to the Administrator | 27 |
| an insurance
policy
or certified copy thereof, issued by an | 28 |
| insurance company authorized to do
business in
the State, to | 29 |
| provide general liability coverage of at least $2,000,000 for
| 30 |
| injury or death of
any one person and $2,000,000 for injury or | 31 |
| death of any number of persons in
any one
occurrence, with | 32 |
| coverage of at least $1,000,000 for property damage in any
one
| 33 |
| occurrence and statutory workers compensation insurance | 34 |
| coverage.
| 35 |
| (a-5) Accessibility conveyance contractors shall submit to |
|
|
|
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|
| 1 |
| the Administrator an insurance policy or certified copy | 2 |
| thereof, issued by an insurance company authorized to do | 3 |
| business in the State, to provide general liability coverage of | 4 |
| at least $1,000,000 for injury or death of any one person and | 5 |
| $2,000,000 for injury or death of any number of persons in any | 6 |
| one occurrence, with coverage of at least $1,000,000 for | 7 |
| property damage in any one occurrence and statutory workers | 8 |
| compensation insurance coverage.
| 9 |
| (b) Private elevator inspectors shall submit to the | 10 |
| Administrator an
insurance
policy
or certified copy thereof, | 11 |
| issued by an insurance company authorized to do
business in
the | 12 |
| State, to provide general liability coverage of at least | 13 |
| $2,000,000 for
injury or death of
any one person and $2,000,000 | 14 |
| for injury or death of any number of persons in
any one
| 15 |
| occurrence, with coverage of at least $1,000,000 for property | 16 |
| damage in any
one
occurrence and statutory workers compensation | 17 |
| insurance coverage.
| 18 |
| (c) These policies, or duly certified copies thereof, or an | 19 |
| appropriate
certificate of
insurance, approved as to form by | 20 |
| the Department of Insurance,
shall be delivered to the | 21 |
| Administrator before or at
the time
of the
issuance of a | 22 |
| license. In the event of a material alteration or cancellation
| 23 |
| of a policy,
at least 10 days notice thereof shall be given to | 24 |
| the Administrator.
| 25 |
| (Source: P.A. 92-873, eff. 6-1-03.)
| 26 |
| (225 ILCS 312/107 new) | 27 |
| (Section scheduled to be repealed on January 1, 2013) | 28 |
| Sec. 107. Violations.
| 29 |
| (a) Any person who willingly violates any provision of this | 30 |
| Act or a rule, regulation, or safety code provided for | 31 |
| equipment defined under Section 10 of this Act shall be guilty | 32 |
| of a Class B misdemeanor and a fine of $500 for the first | 33 |
| offense; and a second or subsequent violation of this Act shall | 34 |
| be guilty of a Class A misdemeanor with a fine of $1,000. Each | 35 |
| day of violation constitutes a separate offense. The State's |
|
|
|
HB4120 |
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|
| 1 |
| Attorney of the County in which the violation occurred or the | 2 |
| Attorney General shall bring such actions in the name of the | 3 |
| People of the State of Illinois. The court may enjoin the use | 4 |
| of conveyances installed in violation of this Act or of a rule | 5 |
| or regulation adopted under this Act until it has been | 6 |
| corrected to comply with the minimum safety standards for | 7 |
| conveyances set forth in Section 10 of this Act. | 8 |
| (b) If it is established that an individual has been or is | 9 |
| engaging in or about to engage in any activity set forth | 10 |
| Section 10 of this Act without having been issued a license or | 11 |
| has been or is engaged in or is about to engage in any activity | 12 |
| set forth in Section 10 of this Act after his or her license | 13 |
| has been suspended or revoked or after his or her license has | 14 |
| not been renewed, the Court may enter a judgment perpetually | 15 |
| enjoining the individual from further engaging such activity. | 16 |
| In case of violation of any injunction entered under this | 17 |
| Section, the Court may summarily sanction the offender for | 18 |
| contempt of Court. Such injunction proceedings shall be in | 19 |
| addition to, and not in lieu of, all penalties and other | 20 |
| remedies provided in this Act.
| 21 |
| (225 ILCS 312/120)
| 22 |
| (Section scheduled to be repealed on January 1, 2013)
| 23 |
| Sec. 120. Inspection and testing.
| 24 |
| (a) It shall be the responsibility of the owner of all new | 25 |
| and existing
conveyances
located in any building or structure | 26 |
| to have the conveyance inspected annually
by a person, firm, or | 27 |
| company to which a license to
inspect
conveyances has been | 28 |
| issued. Subsequent to inspection, the licensed person,
firm, or
| 29 |
| company must supply the property owner or lessee and the | 30 |
| Administrator
with a
written inspection report describing any | 31 |
| and all violations. Property owners
shall have 30
days from the | 32 |
| date of the published inspection report to be in full | 33 |
| compliance
by
correcting the violations.
| 34 |
| (b) It shall be the responsibility of the owner of all | 35 |
| conveyances to have a
firm or
company licensed as described in |
|
|
|
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LRB094 14111 RAS 49009 b |
|
| 1 |
| this Act to ensure that the required
inspection and test
are | 2 |
| performed at intervals in compliance with ASME A17.1, ASME | 3 |
| A18.1, and
ASCE 21.
| 4 |
| (c) All tests shall be performed by a licensed elevator | 5 |
| mechanic.
| 6 |
| (d) Accessibility conveyances shall be tested by a licensed | 7 |
| elevator mechanic or a licensed accessibility technician. | 8 |
| (e) The owner of a new or existing non-hoistway | 9 |
| accessibility conveyance may have the conveyance inspected by a | 10 |
| third party licensed elevator inspector. Any new hoistway | 11 |
| accessibility conveyance shall be inspected no less than every | 12 |
| three years by a third party licensed elevator inspector.
| 13 |
| (Source: P.A. 92-873, eff. 6-1-03.)
| 14 |
| (225 ILCS 312/135)
| 15 |
| (Section scheduled to be repealed on January 1, 2013)
| 16 |
| Sec. 135. Residential accessibility conveyances
Elevators | 17 |
| in private residences . The owner of an accessibility
a
| 18 |
| conveyance
installed
located
in a
his or her private residence | 19 |
| may register, pay the required fee, and have
his or her | 20 |
| existing
conveyance inspected.
The Administrator shall provide | 21 |
| notice to the owner of the private residence
where the | 22 |
| conveyance is located with relevant information about | 23 |
| conveyance
safety requirements, including the need to have the | 24 |
| accessibility conveyance
elevator periodically and
timely | 25 |
| inspected and made safe. Any inspection performed shall be done | 26 |
| solely
at the request and with the consent of the private | 27 |
| residence owner. No penalty
provision of this Act shall apply | 28 |
| to private residence owners.
| 29 |
| (Source: P.A. 92-873, eff. 6-1-03.)
| 30 |
| Section 99. Effective date. This Act takes effect upon | 31 |
| becoming law.
|
|