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| Public Act 094-0698 |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Elevator Safety and Regulation Act is | ||||
amended by changing Sections 5, 10, 15, 20, 25, 35, 40, 45, 50, | ||||
55, 60, 80, 90, 95, 105, 110, 120, 135, and 140 as follows:
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(225 ILCS 312/5)
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(Section scheduled to be repealed on January 1, 2013)
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Sec. 5. Purpose. The purpose of this Act is to provide for | ||||
the public
safety of
life and
limb and to promote public safety | ||||
awareness. The use of unsafe and defective
lifting
devices | ||||
imposes a substantial probability of serious and preventable | ||||
injury to
employees
and the public exposed to unsafe | ||||
conditions. The prevention of these injuries
and
protection of | ||||
employees and the public from unsafe conditions is in the best
| ||||
interest of
the people of this State. Elevator personnel | ||||
performing work covered by this
Act shall, by
documented | ||||
training or experience or both, be familiar with the operation | ||||
and
safety
functions of the components and equipment. Training | ||||
and experience shall
include, but
not be limited to, | ||||
recognizing the safety hazards and performing the procedures
to | ||||
which
they are assigned in conformance with the requirements of | ||||
the Act. This Act
shall
establish the minimum standards for | ||||
elevator personnel.
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This Act is not intended to interfere with the powers of | ||||
municipalities or
the home rule powers of a
municipality with a | ||||
population over 500,000, including the power to license and
| ||||
regulate any profession or occupation.
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The provisions of this Act are not intended to prevent the | ||||
use of systems,
methods, or devices of equivalent or superior | ||||
quality, strength, fire
resistance, code
effectiveness, | ||||
durability, and safety to those required by the Act, provided
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that there is
technical documentation to demonstrate the | ||
equivalency of the system, method,
or
device, as prescribed in | ||
ASME A17.1, ASME A18.1, or ASCE 21.
| ||
(Source: P.A. 92-873, eff. 6-1-03.)
| ||
(225 ILCS 312/10)
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(Section scheduled to be repealed on January 1, 2013)
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Sec. 10. Applicability.
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(a) This Act covers the design, construction, operation, | ||
inspection,
testing,
maintenance, alteration, and repair of | ||
the following equipment, its associated
parts, and
its | ||
hoistways (except as modified by subsection (c) of this | ||
Section):
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(1) Hoisting and lowering mechanisms equipped with a | ||
car or platform,
which move between 2 or more landings. | ||
This equipment includes, but is not
limited
to, the | ||
following (also see ASME A17.1, ASME A17.3, ASME A18.1, and | ||
ANSI
A10.4):
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(A) Elevators.
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(B) Platform lifts and stairway chair lifts.
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(2) Power driven stairways and walkways for carrying | ||
persons between
landings. This equipment includes, but is | ||
not limited to, the following (also
see ASME A17.1 and ASME | ||
A17.3):
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(A) Escalators.
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(B) Moving walks.
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(3) Hoisting and lowering mechanisms equipped with a | ||
car, which serves
2 or more landings and is restricted to | ||
the carrying of material by its
limited
size or limited | ||
access to the car. This equipment includes, but is not | ||
limited
to, the
following (also see ASME A17.1 and ASME | ||
A17.3):
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(A) Dumbwaiters.
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(B) Material lifts and dumbwaiters with automatic | ||
transfer
devices.
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(b) This Act covers the design, construction, operation, | ||
inspection,
maintenance,
alteration, and repair of automatic | ||
guided transit vehicles on guideways with
an
exclusive
| ||
right-of-way. This equipment includes, but is not limited to, | ||
automated people
movers (also see ASCE 21).
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(c) This Act does not apply to the following equipment:
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(1) Material hoists.
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(2) Belt manlifts.
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(3) Mobile scaffolds, towers, and platforms, except | ||
those covered by ANSI
A10.4.
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(4) Powered platforms and equipment for exterior and | ||
interior
maintenance.
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(5) Conveyors and related equipment.
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(6) Cranes, derricks, hoists, hooks, jacks, and | ||
slings.
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(7) Industrial trucks.
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(8) Portable equipment, except for portable | ||
escalators.
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(9) Tiering or piling machines used to move materials | ||
to and from
storage located and operating entirely within | ||
one story.
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(10) Equipment for feeding or positioning materials at | ||
machine tools,
printing presses, etc.
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(11) Skip or furnace hoists.
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(12) Wharf ramps.
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(13) Railroad car lifts or dumpers.
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(14) Line jacks, false cars, shafters, moving | ||
platforms, and similar
equipment used for installing an | ||
elevator by a contractor licensed in this
State.
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(15) Railway and Transit Systems.
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(16) Conveyances located in a private residence not | ||
accessible to the public. | ||
(17) Special purpose personnel elevators. | ||
(d) This Act does not apply to 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 312/15)
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(Section scheduled to be repealed on January 1, 2013)
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Sec. 15. Definitions. For the purpose of this Act:
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"Administrator" means the Office of the State Fire Marshal.
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"ANSI A10.4" means the safety requirements for personnel | ||
hoists, an American
National Standard.
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"ASCE 21" means the American Society of Civil Engineers | ||
Automated People
Mover Standards.
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"ASME A17.1" means the Safety Code for
Elevators and | ||
Escalators, an American National Standard.
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"ASME A17.3" means the Safety Code for
Existing Elevators | ||
and Escalators, an American National Standard.
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"ASME A18.1" means the Safety Standard for
Platform Lifts | ||
and Stairway Chairlifts, an American National Standard.
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"Automated people mover" means an
installation as defined | ||
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 | ||
the Administrator
that indicates that the conveyance has passed | ||
the required safety inspection
and tests and fees have been | ||
paid as set forth in this Act. The Administrator
may issue a | ||
temporary certificate of operation that permits the temporary | ||
use
of a non-compliant conveyance by the general public for a | ||
limited time of 30
days while minor repairs are being | ||
completed.
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"Conveyance" means any elevator, dumbwaiter, escalator, | ||
moving sidewalk,
platform lifts, stairway chairlifts and | ||
automated people movers.
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"Elevator" means an installation defined as an
"elevator" | ||
in ASME A17.1.
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"Elevator contractor" means any person, firm, or | ||
corporation who possesses
an elevator contractor's license in | ||
accordance with the provisions of Sections
40 and 55 of this | ||
Act and who is engaged in the business of erecting,
| ||
constructing, installing, altering, servicing, repairing, or | ||
maintaining
elevators or related conveyance covered by this | ||
Act.
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"Elevator contractor's license" means a license issued to | ||
an elevator
contractor who has proven his or her qualifications | ||
and ability and has been
authorized by the Elevator Safety | ||
Review Board to possess this type of
license. It shall entitle | ||
the holder thereof to engage in the business of
erecting, | ||
constructing, installing, altering, servicing, testing, | ||
repairing,
or maintaining elevators or related conveyance | ||
covered by this Act. The
Administrator may issue a limited | ||
elevator contractor's license authorizing a
firm or company | ||
that employs individuals to carry on a business of erecting,
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constructing, installing, altering, servicing, repairing, or | ||
maintaining
platform lifts and stairway chairlifts within any | ||
building or structure,
excluding
including but not limited to
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private residences.
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"Elevator helper" means an individual registered with the | ||
Administrator as an elevator helper. Elevator helpers must work | ||
under the direct supervision of a licensed elevator mechanic.
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"Elevator industry apprentice" means an individual who is | ||
enrolled in an apprenticeship program approved by the Bureau of | ||
Apprenticeship and Training of the U.S. Department of Labor and | ||
who is registered by the Administrator to perform work within | ||
the elevator industry under the direct supervision of a | ||
licensed elevator mechanic.
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"Elevator inspector" means any person who possesses an | ||
elevator inspector's
license in accordance with the provisions | ||
of this Act or any person who
performs the duties and functions | ||
of an elevator inspector for any unit of
local government with | ||
a population greater than 500,000 prior to or on the
effective | ||
date of this Act.
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"Elevator mechanic" means any person who possesses an | ||
elevator mechanic's
license in accordance with the provisions | ||
of Sections 40 and 45 of this Act and
who is engaged in | ||
erecting, constructing, installing, altering, servicing,
| ||
repairing, or maintaining elevators or related conveyance | ||
covered by this Act.
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"Elevator mechanic's license" means a license issued to a | ||
person who has
proven his or her qualifications and ability and | ||
has been authorized by the
Elevator Safety Review Board to work | ||
on conveyance equipment. It shall entitle
the holder thereof to | ||
install, construct, alter, service, repair, test,
maintain, | ||
and perform electrical work on elevators or related conveyance
| ||
covered by this Act. The Administrator may issue a limited | ||
elevator mechanic's license authorizing an individual to carry | ||
on a business of erecting, constructing, installing, altering, | ||
servicing, repairing, or maintaining platform lifts and | ||
stairway chairlifts within any building or structure.
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"Escalator" means an installation defined as an | ||
"escalator" in ASME A17.1.
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"Existing installation" means an installation
defined as | ||
an "installation, existing" in ASME A17.1.
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"Inspector's license" means a license issued to a person | ||
who has proven his
or her qualifications and ability and has | ||
been authorized by the Elevator
Safety Review Board to possess | ||
this type of license. It shall entitle the
holder thereof to | ||
engage in the business of inspecting elevators or related
| ||
conveyance covered by this Act.
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"License" means a written license, duly issued by the | ||
Administrator,
authorizing a person, firm, or company to carry | ||
on the business of erecting,
constructing, installing, | ||
altering, servicing, repairing, maintaining, or
performing | ||
inspections of elevators or related conveyance covered by this | ||
Act.
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"Material alteration" means an "alteration" as defined by | ||
the Board.
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"Moving walk" means an installation as defined as a "moving | ||
walk"
in ASME A17.1.
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"Private residence" means a separate dwelling or a separate | ||
apartment or condominium unit in
a multiple-family
multiple
| ||
dwelling that is occupied by members of a single-family unit.
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"Repair" has the meaning defined by the Board, which does | ||
not require a
permit.
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"Special purpose personnel elevator" means an elevator | ||
that is limited in size, capacity, and speed and that is | ||
permanently installed in certain structures, including, but | ||
not limited to, grain elevators, radio antenna, bridge towers, | ||
underground facilities, dams, and power plants, to provide | ||
vertical transportation of authorized personnel and their | ||
tools and equipment only.
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"Temporarily dormant" means an elevator, dumbwaiter, or | ||
escalator:
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(1) with a power supply that has been disconnected by | ||
removing fuses and
placing a padlock on the mainline | ||
disconnect switch in the "off" position;
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(2) with a car that is parked and hoistway doors that | ||
are in the closed
and latched position;
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(3) with a wire seal on the mainline disconnect switch | ||
installed by a
licensed elevator inspector;
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(4) that shall not be used again until it has been put | ||
in safe running
order and is in condition for use;
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(5) requiring annual inspections for the duration of | ||
the temporarily
dormant status by a licensed elevator | ||
inspector;
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(6) that has a "temporarily dormant" status that is | ||
renewable on an
annual basis, not to exceed a one-year | ||
period;
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(7) requiring the inspector to file a report with the | ||
Administrator
chief elevator
inspector describing the | ||
current conditions; and
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(8) with a wire seal and padlock that shall not be | ||
removed for any
purpose without permission from the | ||
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)
| ||
Sec. 20. License or registration required.
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(a) After July 1, 2003 through the effective date of this | ||
amendatory Act of the 94th General Assembly and after July 1, | ||
2006, 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 possesses an elevator
mechanic's license
under | ||
this Act and unless he or she works under the direct | ||
supervision of a
person,
firm, or
company having an elevator | ||
contractor's license in accordance with Section 40
of this Act | ||
or exempted by that Section.
However, a licensed elevator | ||
contractor is not required for removal or
dismantling of | ||
conveyances that are destroyed as a result of a complete
| ||
demolition of a secured building or structure or where the | ||
hoistway or wellway
is demolished back to the basic support | ||
structure and where no access is
permitted that would endanger | ||
the safety and welfare of a person.
| ||
(b) After July 1, 2003 through the effective date of this | ||
amendatory Act of the 94th General Assembly and after July 1, | ||
2006, no person shall inspect any conveyance within
buildings
| ||
or structures, including, but not limited, to private | ||
residences, unless he or
she has an
inspector's license.
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(c) After January 1, 2006, a person who is not licensed | ||
under subsection (a) may not work in the jurisdiction of this | ||
State as an elevator industry apprentice or helper unless he or | ||
she is registered as an elevator industry apprentice or helper | ||
by the Administrator and works under the direct supervision of | ||
an individual licensed under this Act as an elevator mechanic. | ||
The Administrator shall set elevator industry apprenticeship | ||
and helper qualifications and registration procedure by rule.
| ||
(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)
| ||
Sec. 25. Elevator Safety Review Board.
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(a) There is hereby created within the Office of the State | ||
Fire Marshal
the Elevator Safety Review Board, consisting of 13 | ||
members. The Administrator
shall appoint 3 members who shall be | ||
representatives
of a fire
service communities. The Governor | ||
shall appoint the remaining 10 members of
the Board as follows: | ||
one representative from a major elevator manufacturing
company | ||
or its authorized representative; one representative from an | ||
elevator
servicing company; one representative of the | ||
architectural design
profession; one representative of the | ||
general public; one representative of an advocacy group for | ||
people with physical disabilities
a
municipality in this State | ||
with a population over 500,000; one representative
of a | ||
municipality in this State with a population under 25,000; one
| ||
representative of a municipality in this State with a | ||
population of 25,000 or
over but under 50,000; one | ||
representative of a municipality in this State with
a | ||
population of 50,000 or over but under 500,000; one | ||
representative of a
building owner or manager; and one | ||
representative of labor involved in the
installation, | ||
maintenance, and repair of elevators.
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(b) The members constituting the Board shall be appointed | ||
for initial terms
as follows:
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(1) Of the members appointed by the Administrator, 2 | ||
shall serve
for a term of 2 years, and one for a term of 4 | ||
years.
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(2) Of the members appointed by the Governor, 2 shall | ||
serve for a term
of one year, 2 for terms of 2 years, 2 for | ||
terms of 3 years, and 4 for terms of
4 years.
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At the expiration of their initial terms of office, the | ||
members or their
successors shall be appointed for terms of 4 | ||
years each. Upon the expiration
of a member's term of office, | ||
the officer who appointed
that member shall reappoint that | ||
member or appoint a successor who is a
representative of the | ||
same interests with which his or her predecessor was
| ||
identified. The Administrator and the Governor may at any time | ||
remove any
of their respective appointees for inefficiency or | ||
neglect of duty in office.
Upon the death or incapacity of a | ||
member, the officer who appointed that member
shall fill the | ||
vacancy for the remainder of the vacated term by appointing a
| ||
member who is a representative of the same interests with which | ||
his or her
predecessor was identified. The members shall serve | ||
without salary, but shall
receive from the State expenses | ||
necessarily incurred by them in performance
of their duties. | ||
The Governor shall appoint one of the members to serve as
| ||
chairperson. The chairperson shall be the deciding vote in the | ||
event of a tie
vote.
| ||
(Source: P.A. 92-873, eff. 6-1-03; revised 1-20-03.)
| ||
(225 ILCS 312/35)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 35. Powers and duties of the Board.
| ||
(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 | ||
Safety Code for Existing Elevators (ASME A17.3
A18.1), 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
and the safety requirements for personnel hoists
| ||
(ANSI A10.4), and the Safety Standard for Platform Lifts and | ||
Stairway Chairlifts (ASME A18.1).
| ||
(b) The Board 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 Board | ||
shall have the authority to hear appeals, hold hearings, and
| ||
decide
upon such within 30 days of the appeal.
| ||
(c) The Board shall establish fee schedules for licenses, | ||
permits,
certificates, and
inspections. 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).
The Board shall not have authority within | ||
municipalities with a
population over
500,000
that have a | ||
municipal code that covers the design, construction, | ||
operation,
inspection,
testing, maintenance, alteration, and | ||
repair of elevators, dumbwaiters,
escalators, and
moving | ||
walks.
| ||
(Source: P.A. 92-873, eff. 6-1-03.)
| ||
(225 ILCS 312/40)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 40. Application for contractor's license.
| ||
(a) Any person, firm, or company wishing to engage in the | ||
business of
installing,
altering, repairing, servicing, | ||
replacing, or maintaining elevators,
dumbwaiters,
escalators, | ||
or
moving walks within this State shall make application for a | ||
license with the
Administrator.
| ||
(b) All applications shall contain the following | ||
information:
| ||
(1) if the applicant is a person, the name, residence, | ||
and business address
of the applicant;
| ||
(2) if the applicant is a partnership, the name, | ||
residence, and business
address of each partner;
| ||
(3) if the applicant is a domestic corporation, the | ||
name and business
address of the corporation and the name | ||
and residence address of the principal
officer of the | ||
corporation;
| ||
(4) if the applicant is a corporation other than a | ||
domestic corporation,
the
name and address of an agent | ||
locally located who shall be authorized to accept
service | ||
of process and official notices;
| ||
(5) the number of years the applicant has engaged in | ||
the business of
installing, inspecting, maintaining, or | ||
servicing elevators or platform
lifts or both;
| ||
(6) if applying for an elevator contractor's license, | ||
the approximate
number of persons, if any, to be employed | ||
by the elevator contractor applicant
and, if applicable, | ||
satisfactory evidence that the employees are or will be
| ||
covered
by workers' compensation insurance;
| ||
(7) satisfactory evidence that the applicant is or will | ||
be covered by
general
liability, personal injury, and | ||
property damage insurance;
| ||
(8) any criminal record of convictions; and
| ||
(9) any other information as the Administrator may | ||
require.
| ||
(c) (Blank).
This Section does not apply to a person, firm, | ||
or company located in a
municipality with a population over | ||
500,000 that provides for the licensure of
contractors
for work | ||
performed
within the corporate boundaries of a municipality | ||
with a population over
500,000.
| ||
(Source: P.A. 92-873, eff. 6-1-03.)
| ||
(225 ILCS 312/45)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 45. Qualifications for elevator mechanic's license; | ||
emergency and temporary licensure.
| ||
(a) No license shall be granted to any person who has not | ||
paid the required
application fee.
| ||
(b) No license shall be granted to any person who has not | ||
proven his or her
qualifications and abilities. | ||
(c) Applicants for an elevator mechanic's license
must
| ||
demonstrate one of the
following qualifications:
| ||
(1) an acceptable combination of documented experience | ||
and education
credits consisting of: (A) not less than 3 | ||
years work experience in the
elevator
industry, in | ||
construction, maintenance, and service or repair, as | ||
verified by
current and previous employers licensed to do | ||
business in this State; and (B)
satisfactory completion of | ||
a written examination administered by the Elevator
Safety | ||
Review Board or its designated provider on the adopted | ||
rules, referenced codes, and standards for the equipment | ||
the licensee is authorized to install;
| ||
(2) acceptable proof that he or she has worked as an | ||
elevator constructor,
maintenance, or repair person for | ||
the equipment the licensee is authorized to install; | ||
acceptable proof shall consist of documentation
that he or | ||
she worked without direct and immediate supervision for an | ||
elevator
contractor who has worked on elevators in this | ||
State for a period of not less
than
3
years immediately | ||
preceding
prior to the effective date of the initial rules | ||
adopted by the Board under Section 35 of this Act that | ||
implement this Act; the person must make
application by May | ||
1, 2006
within one year of the effective date of this Act;
| ||
(3) a certificate of successful completion of the | ||
mechanic examination
of a
nationally recognized training | ||
program for the elevator industry such as the
National | ||
Elevator Industry Educational Program or its equivalent | ||
based on the codes applicable to the type of license | ||
(elevator mechanic's license or limited elevator | ||
mechanic's license) for which the individual is applying;
| ||
(4) a certificate of completion of an elevator mechanic | ||
apprenticeship
program with standards substantially equal | ||
to those of this Act and
registered
with the Bureau of | ||
Apprenticeship and Training, U.S. Department of Labor, or a
| ||
State apprenticeship council; or
| ||
(5) a valid license from a state having standards | ||
substantially equal to
those of this State.
| ||
(d) Whenever an emergency exists in the State due to | ||
disaster or
work stoppage and the number of persons in the | ||
State holding licenses granted
by the
Board is insufficient to | ||
cope with the emergency, the licensed elevator
contractor shall
| ||
respond as necessary to ensure the safety of the public. Any | ||
person certified
by a licensed
elevator contractor to have an | ||
acceptable combination of documented experience
and
education | ||
to perform elevator work without direct and immediate | ||
supervision
shall seek
an emergency elevator mechanic's | ||
license from the Administrator
within 5 business days after | ||
commencing work requiring a license. The
Administrator
shall | ||
issue emergency elevator mechanic's licenses. The applicant | ||
shall furnish
proof of
competency as the Administrator may | ||
require. Each license shall recite that it
is valid for a
| ||
period of 30 days from the date thereof and for such particular | ||
elevators
or
geographical areas as the Administrator may | ||
designate and otherwise shall
entitle the
licensee to the | ||
rights and privileges of an elevator mechanic's license issued
| ||
under this
Act. The Administrator shall renew an emergency | ||
elevator mechanic's license
during the
existence of an | ||
emergency. No fee may be charged for any emergency elevator
| ||
mechanic's license or renewal thereof. | ||
(e) A licensed elevator contractor shall notify the | ||
Administrator when there
are no
licensed personnel available to | ||
perform elevator work. The licensed elevator
contractor
may | ||
request that the Administrator issue temporary elevator | ||
mechanic's licenses
to
persons certified by the licensed | ||
elevator contractor to have an acceptable
combination of
| ||
documented experience and education to perform elevator work | ||
without direct and
immediate supervision. Any person certified | ||
by a licensed elevator contractor
to have an
acceptable | ||
combination of documented experience and education to perform
| ||
elevator
work without direct and immediate supervision shall | ||
immediately seek a
temporary
elevator mechanic's license from | ||
the Administrator and shall pay such fee as
the Board
shall | ||
determine. The applicant for temporary licensure shall furnish | ||
proof of competency as the Administrator may require and for | ||
such particular elevators or geographical areas as the | ||
Administrator may designate.
Each license shall recite that it | ||
is valid for a period of
30 days from
the date of issuance and | ||
while employed by the licensed elevator contractor
that | ||
certified
the individual as qualified. It shall be renewable as | ||
long as the shortage of
license holders continues.
| ||
(Source: P.A. 92-873, eff. 6-1-03.)
| ||
(225 ILCS 312/50)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 50. Qualifications for elevator inspector's license.
| ||
(a) No inspector's license shall be granted to any person | ||
who has not paid
the
required application fee.
| ||
(b) No inspector's license shall be granted to any person, | ||
unless he or she
proves
to the satisfaction of the | ||
Administrator that he or she meets the current ASME
QEI-1,
| ||
Standards for the Qualifications of Elevator Inspectors.
| ||
(c) (Blank).
Notwithstanding the provisions of subsections | ||
(a) and (b) of this
Section, the
Administrator shall grant an | ||
elevator inspector's license to a person
engaged in the | ||
practice of inspecting elevators
in a municipality with a | ||
population over 500,000 who is engaged in business as
an
| ||
elevator inspector on the effective date of this Act.
| ||
(Source: P.A. 92-873, eff. 6-1-03.)
| ||
(225 ILCS 312/55)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 55. Qualifications for elevator contractor's license.
| ||
(a) No license shall be granted to any person or firm | ||
unless the appropriate
application fee is paid.
| ||
(b) No license shall be granted to any person or firm who | ||
has not proven the
required qualifications and abilities. An | ||
applicant must demonstrate one of the
following
| ||
qualifications:
| ||
(1) five years work experience in the elevator industry | ||
in construction,
maintenance, and service or repair, as | ||
verified by such documentation as the Board may require by | ||
rule;
current and previous
elevator
contractor's licenses | ||
to do business, or | ||
(1.5) satisfactory completion of a written
examination | ||
administered by the Elevator Safety Review Board or its | ||
designated provider on the most
recent referenced codes and | ||
standards; or
| ||
(2) proof that the individual or firm holds a valid | ||
license from a state
having standards substantially equal | ||
to those of this State.
| ||
(c) (Blank).
This Section does not apply to a person or | ||
firm engaged in
business as an elevator contractor in a
| ||
municipality
with
a population over 500,000 that provides for | ||
the licensure of elevator
contractors
for work performed
within | ||
the corporate boundaries of a municipality with a population | ||
over
500,000.
| ||
(Source: P.A. 92-873, eff. 6-1-03.)
| ||
(225 ILCS 312/60)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 60. Issuance and renewal of licenses; fees.
| ||
(a) Upon approval of an application, the Administrator may
| ||
issue a license that must be renewed every 2 years
biannually. | ||
The renewal fee for the
license shall be
set by the Board.
| ||
(b) (Blank).
Whenever an emergency exists in the State due | ||
to disaster or
work stoppage and the number of persons in the | ||
State holding licenses granted
by the
Board is insufficient to | ||
cope with the emergency, the licensed elevator
contractor shall
| ||
respond as necessary to assure the safety of the public. Any | ||
person certified
by a licensed
elevator contractor to have an | ||
acceptable combination of documented experience
and
education | ||
to perform elevator work without direct and immediate | ||
supervision
shall seek
an emergency elevator mechanic's | ||
license from the Administrator
within 5 business days after | ||
commencing work requiring a license. The
Administrator
shall | ||
issue emergency elevator mechanic's licenses. The applicant | ||
shall furnish
proof of
competency as the Administrator may | ||
require. Each license shall recite that it
is valid for a
| ||
period of 30 days from the date thereof and for such particular | ||
elevators
or
geographical areas as the Administrator may | ||
designate and otherwise shall
entitle the
licensee to the | ||
rights and privileges of a elevator mechanic's license issued
| ||
under this
Act. The Administrator shall renew an emergency | ||
elevator mechanic's license
during the
existence of an | ||
emergency. No fee shall be charged for any emergency elevator
| ||
mechanic's license or renewal thereof.
| ||
(c) (Blank).
A licensed elevator contractor shall notify | ||
the Administrator when there
are no
licensed personnel | ||
available to perform elevator work. The licensed elevator
| ||
contractor
may request that the Administrator issue temporary | ||
elevator mechanic's licenses
to
persons certified by the | ||
licensed elevator contractor to have an acceptable
combination | ||
of
documented experience and education to perform elevator work | ||
without direct and
immediate supervision. Any person certified | ||
by a licensed elevator contractor
to have an
acceptable | ||
combination of documented experience and education to perform
| ||
elevator
work without direct and immediate supervision shall | ||
immediately seek a
temporary
elevator mechanic's license from | ||
the Administrator and shall pay such fee as
the Board
shall | ||
determine. Each license shall recite that it is valid for a | ||
period of
30 days from
the date of issuance and while employed | ||
by the licensed elevator contractor
that certified
the | ||
individual as qualified. It shall be renewable as long as the | ||
shortage of
license holders
shall continue.
| ||
(d) The renewal of all licenses granted under the | ||
provisions of this Section
shall
be conditioned upon the | ||
submission of a certificate of completion of a course
designed | ||
to
ensure the continuing education of licensees on new and | ||
existing provisions of
the
rules of the Elevator Safety Review | ||
Board. Such course shall consist of
not less
than 8 hours of | ||
instruction that shall be attended and completed within one
| ||
year
immediately preceding any such license renewal.
| ||
(e) The courses referred to in subsection (d) of this | ||
Section shall be
taught
by instructors
through
continuing | ||
education providers that may include, but shall not be limited | ||
to,
association
seminars and labor training programs. The | ||
Elevator Safety Review Board shall
approve
the continuing | ||
education providers. All instructors shall be approved by the
| ||
Board and
shall be exempt from the requirements of subsection | ||
(d) of this Section with
regard to their
applications
for | ||
license renewal, provided that such applicant was qualified as | ||
an
instructor
at any time
during the one year immediately | ||
preceding the scheduled date for such renewal.
| ||
(f) A licensee who is unable to complete the continuing | ||
education course
required
under this Section prior to the | ||
expiration of his or her license due to a
temporary
disability
| ||
may apply for a waiver from the Board. This shall be on a form | ||
provided by the
Board,
which shall be signed under the penalty | ||
of perjury and accompanied
by a
certified statement from a | ||
competent physician attesting to such temporary
disability.
| ||
Upon the termination of such temporary disability, the licensee | ||
shall submit to
the Board
a certified statement from the same | ||
physician, if practicable, attesting to the
termination
of the | ||
temporary disability, at which time a waiver sticker, valid for | ||
90 days,
shall be
issued to the licensee and affixed to his or | ||
her license.
| ||
(g) Approved training providers shall keep for a period of | ||
10 years uniform
records of attendance of licensees following a | ||
format approved by the Board.
These
records shall be available | ||
for inspection by the Board at its request. Approved
training
| ||
providers shall be responsible for the security of all | ||
attendance records and
certificates of
completion, provided | ||
that falsifying or knowingly allowing another to
falsify
| ||
attendance records or certificates of completion shall | ||
constitute grounds for
suspension or
revocation of the approval | ||
required under this Section.
| ||
(Source: P.A. 92-873, eff. 6-1-03.)
| ||
(225 ILCS 312/80)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 80. Registration of existing elevators, platform | ||
lifts, dumbwaiters,
escalators, moving walks, and any other | ||
conveyance. Within 6 months after the
date of
the adoption of | ||
the initial rules that implement this Act
appointment of the | ||
Board, the owner or lessee of every existing conveyance
shall
| ||
register with the Administrator each elevator, dumbwaiter, | ||
platform lift,
escalator, or
other device described in Section | ||
10 of this Act and provide the type, rated
load and
speed, name | ||
of
manufacturer, its location, the purpose for which it is | ||
used, and such
additional
information as the Administrator may | ||
require. Elevators, dumbwaiters,
platform lifts,
escalators, | ||
moving walks, or other conveyances of which construction has | ||
begun
subsequent to the date of the creation of the Board shall | ||
be registered at the
time they are
completed and placed in | ||
service.
| ||
(Source: P.A. 92-873, eff. 6-1-03.)
| ||
(225 ILCS 312/90)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 90. Permits.
| ||
(a) No conveyance covered by this Act shall be erected, | ||
constructed,
installed,
or altered within buildings or | ||
structures within this State unless a permit has
been
obtained | ||
from the Administrator or a municipality or other unit of local
| ||
government.
If the permit is obtained
from
a municipality or | ||
other unit of local government, the municipality or other
unit | ||
of local
government that issued the permit shall
keep the | ||
permit on file for a period of not less than one year from the | ||
date of
issuance and send a copy to the Administrator for | ||
inspection.
Where
any material alteration is made, the device | ||
shall conform to applicable
requirements in
ASME A17.1, ASME | ||
A18.1, ASCE 21, or ANSI A10.4. No permit required under this
| ||
Section
shall be
issued
except to a person, firm, or | ||
corporation holding a current elevator
contractor's license,
| ||
duly issued pursuant to this Act. A copy of the permit shall be | ||
kept at the
construction
site at all times while the work is in | ||
progress.
| ||
(b) The permit fee shall be as set by the Board. Permit | ||
fees collected are
non-refundable.
| ||
(c) Each application for a permit shall be accompanied by | ||
applicable fees and
by
copies of specifications and accurately | ||
scaled and fully dimensioned plans
showing the
location of the | ||
installation in relation to the plans and elevation of the
| ||
building, the
location of the machinery room and the equipment | ||
to be installed, relocated, or
altered,
and all structural | ||
supporting members, including foundations. The applicant
shall | ||
also
specify all materials to be employed and all loads to be | ||
supported or conveyed.
These
plans and specifications shall be | ||
sufficiently complete to illustrate all
details of
| ||
construction and design.
| ||
(d) Permits may be revoked for the following reasons:
| ||
(1) Any false statements or misrepresentation as to the | ||
material
facts in the application, plans, or | ||
specifications on which the permit was
based.
| ||
(2) The permit was issued in error and should not have | ||
been
issued
in accordance with the code.
| ||
(3) The work detailed under the permit is not being | ||
performed in
accordance with the provisions of the | ||
application, plans, or specifications or
with
the code or | ||
conditions of the permit.
| ||
(4) The elevator contractor to whom the permit was | ||
issued fails or
refuses to comply with a "stop work" order.
| ||
(5) If the work authorized by a permit is not commenced | ||
within 6 months
after
the date of issuance, or within a | ||
shorter period of time as the Administrator or his or her
| ||
duly authorized representative in his or her discretion may | ||
specify at the time
the
permit is
issued.
| ||
(6) If the work is suspended or abandoned for a period | ||
of 60 days, or
shorter
period
of time as the Administrator | ||
or his or her duly authorized representative
in his
or her | ||
discretion
may specify at the time the permit is issued, | ||
after the work has been started.
For good
cause, the | ||
Administrator or his or her representative may allow an
| ||
extension of
this
period at his or her discretion.
| ||
(e) (Blank).
This Section does not apply to conveyances | ||
located in a municipality
with a
population over 500,000 that | ||
provides for permits of such conveyances.
| ||
(Source: P.A. 92-873, eff. 6-1-03.)
| ||
(225 ILCS 312/95)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 95. New installations; annual inspections and | ||
registrations.
| ||
(a) All new conveyance installations regulated by this Act
| ||
shall be performed by a person, firm, or
company to which a | ||
license to install or service conveyances has been issued.
| ||
Subsequent
to installation, the licensed person, firm, or | ||
company must certify compliance
with the
applicable Sections of | ||
this Act. Prior to any conveyance being used, the
property | ||
owner or
lessee must obtain a certificate of operation from the | ||
Administrator,
unless the property is located within a | ||
municipality with a population greater
than 500,000. A
fee as | ||
authorized by Section 35 of
set
forth in this Act shall be paid | ||
for the certificate of operation. It shall be
the | ||
responsibility
of the licensed elevator contractor to complete | ||
and submit first time
registration for new
installations. The | ||
certificate of operation fee for newly installed platform
lifts | ||
and
stairway chair lifts for private residences shall be | ||
subsequent to an
inspection by a
licensed third party | ||
inspection firm.
| ||
(b) (Blank).
The certificate of operation fee for all new | ||
and existing platform and
stairway
chair lifts for private | ||
residences and any renewal certificate fees shall be
waived. | ||
The
Administrator or his or her designee shall inspect, in | ||
accordance with the
requirements set
forth in this Act, 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, unless the private residence is
| ||
located within a municipality with a population greater than | ||
500,000.
| ||
(c) A certificate of operation referenced in subsections | ||
(a) and (b)
of this Section is renewable annually, except for | ||
certificates issued for
platform and stairway
chairlifts for
| ||
private residences, which shall be valid for a period of 3 | ||
years. Certificates
of operation
must be clearly displayed on | ||
or in each conveyance or in the machine room for
use for
the | ||
benefit of code enforcement staff.
| ||
(Source: P.A. 92-873, eff. 6-1-03.)
| ||
(225 ILCS 312/105)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 105. Enforcement.
| ||
(a) It shall be the duty of the Elevator Safety Review | ||
Board
to develop an
enforcement program to ensure compliance | ||
with rules and
requirements
referenced in this Act. This shall | ||
include, but shall not be limited to,
rules for
identification | ||
of property locations that are subject to the rules and
| ||
requirements; issuing notifications to violating property | ||
owners or operators,
random on-site inspections, policies for | ||
administrative penalties, and tests on existing installations; | ||
witnessing
periodic
inspections and
testing in order to ensure | ||
satisfactory performance by licensed persons, firms,
or
| ||
companies; and assisting in development of public awareness | ||
programs.
| ||
(b) Any person may make a request for an investigation into | ||
an alleged
violation
of
this Act by giving notice to the | ||
Administrator
of such violation or
danger. The
notice shall be | ||
in writing, shall set forth with reasonable particularity the
| ||
grounds for the
notice, and shall be signed by the person | ||
making the request. Upon the request
of any
person signing the | ||
notice, the person's name shall not appear on any copy of
the | ||
notice
or any record published, released, or made available.
| ||
(c) If, upon receipt of such notification, the | ||
Administrator
determines
that there
are
reasonable grounds to | ||
believe that such violation or danger exists, the
Administrator
| ||
shall cause to be made an investigation in accordance
with the | ||
provisions of
this Act as
soon as practicable to determine if | ||
such violation or danger exists. If the
Administrator | ||
determines that there are no reasonable
grounds to believe that | ||
a
violation or
danger exists, he or she shall notify the party | ||
in writing of such
determination.
| ||
(d) (Blank).
This Section does not apply within a | ||
municipality with a population over
500,000.
| ||
(Source: P.A. 92-873, eff. 6-1-03.)
| ||
(225 ILCS 312/110)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 110. Liability.
| ||
(a) This Act shall not be construed to relieve or lessen | ||
the responsibility
or
liability of any person, firm, or | ||
corporation owning, operating, controlling,
maintaining,
| ||
erecting, constructing, installing, altering, inspecting, | ||
testing, or repairing
any elevator or
other related mechanisms | ||
covered by this Act for damages to person or property
caused
by | ||
any defect therein, nor does the State or any unit of local | ||
government
assume any such liability or
responsibility
| ||
therefore or any liability to any person for whatever reason | ||
whatsoever by the
adoption of
this Act or any acts or omissions | ||
arising under this Act.
| ||
(b) Any owner or lessee who violates any of the provisions | ||
of this Act
shall
be fined in an amount not to exceed $1,500 | ||
per violation, per day.
| ||
(c) Compliance with this Act is not a defense to a legal | ||
proceeding.
| ||
(Source: P.A. 92-873, eff. 6-1-03.)
| ||
(225 ILCS 312/120)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 120. Inspection and testing.
| ||
(a) It shall be the responsibility of the owner of all new | ||
and existing
conveyances
located in any building or structure | ||
to have the conveyance inspected, at intervals determined by | ||
the Board,
annually
by a person, firm, or company to which a | ||
license to
inspect
conveyances has been issued. Subsequent to | ||
inspection, the licensed person,
firm, or
company must supply | ||
the property owner or lessee and the Administrator
with a
| ||
written inspection report describing any and all violations. | ||
Property owners
shall have 30
days from the date of the | ||
published inspection report to be in full compliance
by
| ||
correcting the violations. The Administrator shall determine | ||
whether such violations have been corrected.
| ||
(b) (Blank).
It shall be the responsibility of the owner of | ||
all conveyances to have a
firm or
company licensed as described | ||
in this Act to ensure that the required
inspection and test
are | ||
performed at intervals in compliance with ASME A17.1, ASME | ||
A18.1, and
ASCE 21.
| ||
(c) All tests shall be performed by a licensed elevator | ||
mechanic or licensed limited elevator mechanic who is licensed | ||
to perform work on that particular type of conveyance.
| ||
(Source: P.A. 92-873, eff. 6-1-03.)
| ||
(225 ILCS 312/135)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 135. Elevators in private residences. The owner of a | ||
conveyance
located
in his or her private residence may | ||
register, pay the required fee, and have
his or her existing
| ||
conveyance inspected.
The Administrator may
shall provide | ||
notice to the owner of a
the private residence
information | ||
regarding
where the conveyance is located with relevant | ||
information about conveyance
safety requirements, including | ||
the need to have the elevator periodically and
timely inspected | ||
and made safe. Any inspection performed shall be done solely
at | ||
the request and with the consent of the private residence | ||
owner. No penalty
provision of this Act shall apply to private | ||
residence owners.
| ||
(Source: P.A. 92-873, eff. 6-1-03.)
| ||
(225 ILCS 312/140)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 140. Local regulation; home rule.
| ||
(a) The Administrator may enter into contracts with | ||
municipalities or counties under which the municipalities or | ||
counties shall (i) issue construction permits and certificates | ||
of operation, (ii) provide for inspection of elevators, | ||
including temporary operation inspections, and (iii) enforce | ||
the applicable provisions of the Act. The municipality or | ||
county may choose to require inspections be performed by its | ||
own inspectors or by private certified elevator inspectors. The | ||
municipality or county may assess a reasonable fee for | ||
inspections performed by its inspectors. Each contract shall | ||
include a provision that the municipality or county shall | ||
maintain for inspection by the Administrator copies of all | ||
applications for permits issued, copies of each inspection | ||
report issued, and proper records showing the number of | ||
certificates of operation issued. Each contract shall also | ||
include a provision that each required inspection be conducted | ||
by a certified elevator inspector and any other provisions | ||
deemed necessary by the Administrator.
A municipality within | ||
its corporate limits and a county within
unincorporated areas | ||
within its boundaries may inspect, license, or otherwise
| ||
regulate elevators and devices described in Section 10 of this | ||
Act, but any
Any safety standards or regulations adopted by a | ||
municipality or county under this
subsection must be at least | ||
as stringent as those provided for in this Act and
the rules | ||
adopted under this Act. A
municipality or county that inspects, | ||
licenses, or otherwise regulates
elevators and devices | ||
described in Section 10 of this Act may impose reasonable
fees | ||
to cover the cost of the inspection, licensure, or other | ||
regulation.
| ||
(b) A
Except as otherwise provided in subsection (c), a
| ||
home rule unit may not
regulate the inspection or licensure of, | ||
or
otherwise regulate, elevators and devices described in | ||
Section 10 of this Act
in a manner less restrictive than the | ||
regulation by the State of those matters
under this Act.
This | ||
subsection is a limitation under subsection (i) of Section 6 of | ||
Article
VII of the Illinois Constitution on the concurrent | ||
exercise by home rule units
of powers and functions exercised | ||
by the State.
| ||
(c) (Blank).
This Act does not limit the home rule powers | ||
of a municipality with a
population over 500,000, and this Act | ||
shall not apply within such a
municipality if that application | ||
would be inconsistent with an ordinance
adopted under those | ||
home rule powers.
| ||
(Source: P.A. 92-873, eff. 6-1-03.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||