Section 1000.40  Local Regulation

a)         Authorization of Local Programs

A municipality or county may issue permits and may enter into a contract with the OSFM under which the municipality or county will operate a local program, provided that the local program safety standards, codes and regulations are at least as stringent as those adopted in this Part, to:

1)         Issue construction permits and certificates of operation;

2)         Provide for inspection of elevators, including temporary operation inspections; and

3)         Enforce the applicable provisions of the Act. [225 ILCS 312/140(a)]

b)         Approval by the Board

1)         Application

Any municipality or county that chooses to inspect, license or otherwise regulate conveyances must apply to the Board for approval of the local program. The application shall include the name of the local program administrator, the standards and regulations adopted, the number and types of conveyances covered by the program, the name and license number of inspectors, and other reasonable information the Board may request.  The form shall be provided by the OSFM.

2)         Approval and Program Agreement

If the OSFM determines that the local program will be at least as stringent as the requirements of the Act and this Part, the OSFM will so notify the local program. Each municipality or county approved by the Board to implement a local program shall enter into a written agreement with OSFM under which the local program will apply within the described territory.

3)         Existing Local Programs

Initial applications for approval of local programs existing when this Part is adopted must be submitted to the Board. Municipalities or counties having conveyance safety inspection programs existing on the effective date of this Part that are in substantial conformance with this Part may continue to operate those programs pending approval by the Board. The OSFM shall be responsible for oversight and concurrent enforcement during the period between application and approval of local programs.

4)         Annual Review

Board approval of local programs is renewable annually.

c)         Local Ordinances, Resolutions and Regulations

The municipality or county must enact enabling ordinances or resolutions creating the local program and adopt standards and regulations at least as stringent as those provided in this Part. Variances to standards and regulations adopted by a local program shall not become final until ratified by the Board.

d)         Local Enforcement

Within the jurisdiction of an approved local program, except as otherwise provided in this subsection (d), the procedural requirements of the local program shall be followed, rather than the procedural requirements of this Part, including the specified fees. However, all conveyances located within the jurisdiction of a local program shall be registered with the OSFM in accordance with Section 80 of the Act and Section 1000.120 of this Part.

e)         Reporting and Recordkeeping

1)         Annual Report

The municipality or county shall submit an annual report to the OSFM documenting the standards and regulations enforced by the municipality or county and the number of inspections performed and permits issued. 

2)         Other Reporting

The OSFM may require additional reports and information to be provided on a periodic basis to assure that local programs are operating in conformance with the Act.

3)         Recordkeeping

A municipality or county that operates a local program shall maintain for inspection by the OSFM copies of all inspection reports, permit applications and permits issued, and shall maintain a record of the number of certificates of operation issued by that jurisdiction. These records must be maintained for at least one year. A copy of permits issued shall also be forwarded to the OSFM.

f)          Discontinuance of a Local Program

1)         Discontinuance by the Local Jurisdiction

Should a local program determine to discontinue inspecting, licensing, or otherwise regulating conveyances, the local program administrator shall notify the OSFM 90 days prior to termination of the program.  The municipality or county shall make available to the OSFM program records and documents necessary for the OSFM to maintain regulatory continuity.

2)         Discontinuance by the Board

The OSFM shall monitor the local programs and report to the Board whenever a program is found to not meet the requirements of the Act and this Part.  The Board shall review the report and notify the municipality or county of corrective actions needed to be taken to bring its program into compliance. The Board may, after allowing time for corrective action and after a hearing under 41 Ill. Adm. Code 210 and Section 1000.160 of this Part, withdraw approval of a non-compliant local program.