Illinois General Assembly - Illinois Compiled Statutes

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225 ILCS 312/35

(225 ILCS 312/35)

(Section scheduled to be repealed on January 1, 2028)

Sec. 35. Powers and duties of the Board and Administrator.

(a) The Board shall consult with engineering authorities and organizations
and
adopt rules consistent with the provisions of this Act for the
administration and
enforcement of this Act.  The Board may prescribe forms to be issued in
connection with
the administration and enforcement of this Act.  The rules shall establish
standards and
criteria consistent with this Act for licensing of elevator mechanics,
inspectors, and installers of
elevators,
including the provisions of the Safety Code for Elevators and Escalators (ASME
A17.1),
 the provisions of the Performance-Based Safety Code for Elevators and Escalators (ASME A17.7), the Standard for the
Qualification
of Elevator Inspectors (ASME QEI-1), the Automated People Mover Standards
(ASCE 21), the Safety Requirements for Personnel Hoists and Employee Elevators

(ANSI A10.4), and the Safety Standard for Platform Lifts and Stairway Chairlifts (ASME A18.1). The Board shall adopt or amend and adopt the latest editions of the standards referenced in this subsection within 12 months after the effective date of the

standards.

The Board shall make determinations authorized by this Act regarding variances, interpretations, and the installation of new technology.  Such determinations shall have a binding precedential effect throughout the State regarding equipment, structure, or the enforcement of codes unless limited by the Board to the fact-specific issues.

(b) The Administrator or Local Administrator shall have the authority to grant exceptions and
variances from
the literal requirements of
applicable State codes, standards, and regulations in cases where such
variances
would not
jeopardize the public
safety and
welfare. The Administrator has the right
to review and object to any exceptions or variances granted by
the Local Administrator. The Board shall have the authority to hear appeals, for any denial by the Local Administrator or
for any denial or objection by the Administrator. The Board
shall hold hearings, and
decide
upon such within 30 days of the appeal.

(c) The Board shall establish fee schedules for licenses, and registrations issued by the Administrator. The Board
shall also establish fee schedules for permits and
certificates for conveyances not under a Local
Administrator. The fees shall be set at an amount necessary to cover the actual
costs and expenses to operate
the Board
and to conduct the duties as described in this Act.

(d) The Board shall be authorized to recommend the amendments of applicable
legislation, when appropriate, to legislators.

(e) The Administrator may solicit the advice and expert knowledge of
the
Board on any matter relating to the administration and enforcement of this Act.

(f) The Administrator may employ professional, technical,
investigative, or
clerical help, on either a full-time or part-time basis, as may be necessary
for the
enforcement of this Act.

(g) (Blank).

(h) Notwithstanding anything else in this Section, the following upgrade requirements of the 2007 edition of the Safety Code for Elevators and Escalators (ASME A17.1) and the 2005 edition of the Safety Code for Existing Elevators (ASME A17.3)  must be completed by January 1, 2015, but the Administrator or Local Administrator may not require their completion prior to January 1, 2013:

        (i) (blank);
        (ii) car illumination;
        (iii) emergency operation and signaling devices;
        (iv) phase reversal and failure protection;
        (v) reopening device for power operated doors or

gates;

(vi) stop switch pits; and
(vii) pit ladder installation in accordance with

Section 2.2.4.2 of ASME A17.1-2007.

(h-5) Notwithstanding anything else in this Section, the upgrade requirements for the restricted opening of hoistway doors or car doors on passenger elevators as provided for in  the 2007 edition of the Safety Code for Elevators and Escalators (ASME A17.1) and the 2005 edition of the Safety Code for Existing Elevators (ASME A17.3)  must be completed by January 1, 2014.

(i) In the event that a conveyance regulated by this Act is altered, the alteration shall comply with the edition of ASME A17.1 currently adopted by the Board.  Notwithstanding anything else in this Section, the firefighter's emergency operation, and the hydraulic elevator cylinder or cylinders, including the associated safety devices outlined in Section 4.3.3(b) of ASME A17.3-2005, are not required to comply with the edition of ASME A17.1 currently adopted by the Board unless: (1) there is an alteration of the controller affecting operation control, motion control, or  combination of the 2 types of control, (1.1) the operation control, motion control, or combination of the 2 types of control are replaced, (1.2) there is an alteration to the hydraulic cylinder, (2) the




















 equipment fails, or (3) failing to replace the equipment jeopardizes the public safety and welfare as determined by the Local Administrator or the Board.

(j) The Administrator may choose to require the inspection
of any conveyance to be performed by its own inspectors or by
third-party licensed inspectors employed by the Administrator.

(k) The Board shall prescribe an inspection form, which shall be the only inspection form used by a licensed inspector in the inspection of a conveyance under this Act.

(Source: P.A. 102-715, eff. 4-29-22.)