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92_SB1701ham005 LRB9212107LDcsam 1 AMENDMENT TO SENATE BILL 1701 2 AMENDMENT NO. . Amend Senate Bill 1701, AS AMENDED, 3 by replacing everything after the enacting clause with the 4 following: 5 "Section 1. Short title. This Act may be cited as the 6 Elevator Safety and Regulation Act. 7 Section 5. Purpose. The purpose of this Act is to 8 provide for the public safety of life and limb and to promote 9 public safety awareness. The use of unsafe and defective 10 lifting devices imposes a substantial probability of serious 11 and preventable injury to employees and the public exposed to 12 unsafe conditions. The prevention of these injuries and 13 protection of employees and the public from unsafe conditions 14 is in the best interest of the people of this State. Elevator 15 personnel performing work covered by this Act shall, by 16 documented training or experience or both, be familiar with 17 the operation and safety functions of the components and 18 equipment. Training and experience shall include, but not be 19 limited to, recognizing the safety hazards and performing the 20 procedures to which they are assigned in conformance with the 21 requirements of the Act. This Act shall establish the minimum 22 standards for elevator personnel. -2- LRB9212107LDcsam 1 This Act is not intended to interfere with the home rule 2 powers of a municipality with a population over 500,000, 3 including the power to license and regulate any profession or 4 occupation. 5 The provisions of this Act are not intended to prevent 6 the use of systems, methods, or devices of equivalent or 7 superior quality, strength, fire resistance, code 8 effectiveness, durability, and safety to those required by 9 the Act, provided that there is technical documentation to 10 demonstrate the equivalency of the system, method, or device, 11 as prescribed in ASME A17.1, ASME A18.1, or ASCE 21. 12 Section 10. Applicability. 13 (a) This Act covers the design, construction, operation, 14 inspection, testing, maintenance, alteration, and repair of 15 the following equipment, its associated parts, and its 16 hoistways (except as modified by subsection (c) of this 17 Section): 18 (1) Hoisting and lowering mechanisms equipped with a 19 car or platform, which move between 2 or more landings. 20 This equipment includes, but is not limited to, the 21 following (also see ASME A17.1, ASME A17.3, ASME A18.1, 22 and ANSI A10.4): 23 (A) Elevators. 24 (B) Platform lifts and stairway chair lifts. 25 (2) Power driven stairways and walkways for carrying 26 persons between landings. This equipment includes, but is 27 not limited to, the following (also see ASME A17.1 and 28 ASME A17.3): 29 (A) Escalators. 30 (B) Moving walks. 31 (3) Hoisting and lowering mechanisms equipped with a 32 car, which serves 2 or more landings and is restricted to 33 the carrying of material by its limited size or limited -3- LRB9212107LDcsam 1 access to the car. This equipment includes, but is not 2 limited to, the following (also see ASME A17.1 and ASME 3 A17.3): 4 (A) Dumbwaiters. 5 (B) Material lifts and dumbwaiters with 6 automatic transfer devices. 7 (b) This Act covers the design, construction, operation, 8 inspection, maintenance, alteration, and repair of automatic 9 guided transit vehicles on guideways with an exclusive 10 right-of-way. This equipment includes, but is not limited to, 11 automated people movers (also see ASCE 21). 12 (c) This Act does not apply to the following equipment: 13 (1) Material hoists. 14 (2) Belt manlifts. 15 (3) Mobile scaffolds, towers, and platforms, except 16 those covered by ANSI A10.4. 17 (4) Powered platforms and equipment for exterior and 18 interior maintenance. 19 (5) Conveyors and related equipment. 20 (6) Cranes, derricks, hoists, hooks, jacks, and 21 slings. 22 (7) Industrial trucks. 23 (8) Portable equipment, except for portable 24 escalators. 25 (9) Tiering or piling machines used to move 26 materials to and from storage located and operating 27 entirely within one story. 28 (10) Equipment for feeding or positioning materials 29 at machine tools, printing presses, etc. 30 (11) Skip or furnace hoists. 31 (12) Wharf ramps. 32 (13) Railroad car lifts or dumpers. 33 (14) Line jacks, false cars, shafters, moving 34 platforms, and similar equipment used for installing an -4- LRB9212107LDcsam 1 elevator by a contractor licensed in this State. 2 (15) Railway and Transit Systems. 3 Section 15. Definitions. For the purpose of this Act: 4 "Administrator" means the Office of the State Fire 5 Marshal. 6 "ANSI A10.4" means the safety requirements for personnel 7 hoists, an American National Standard. 8 "ASCE 21" means the American Society of Civil Engineers 9 Automated People Mover Standards. 10 "ASME A17.1" means the Safety Code for Elevators and 11 Escalators, an American National Standard. 12 "ASME A17.3" means the Safety Code for Existing Elevators 13 and Escalators, an American National Standard. 14 "ASME A18.1" means the Safety Standard for Platform Lifts 15 and Stairway Chairlifts, an American National Standard. 16 "Automated people mover" means an installation as defined 17 as an "automated people mover" in ASCE 21. 18 "Board" means the Elevator Safety Review Board. 19 "Certificate of operation" means a certificate issued by 20 the Administrator that indicates that the conveyance has 21 passed the required safety inspection and tests and fees have 22 been paid as set forth in this Act. The Administrator may 23 issue a temporary certificate of operation that permits the 24 temporary use of a non-compliant conveyance by the general 25 public for a limited time of 30 days while minor repairs are 26 being completed. 27 "Conveyance" means any elevator, dumbwaiter, escalator, 28 moving sidewalk, platform lifts stairway chairlifts and 29 automated people movers. 30 "Elevator" means an installation defined as an "elevator" 31 in ASME A17.1. 32 "Elevator contractor" means any person, firm, or 33 corporation who possesses an elevator contractors license in -5- LRB9212107LDcsam 1 accordance with the provisions of Sections 40 and 55 of this 2 Act and who is engaged in the business of erecting, 3 constructing, installing, altering, servicing, repairing, or 4 maintaining elevators or related conveyance covered by this 5 Act. 6 "Elevator contractor's license" means a license issued 7 to an elevator contractor who has proven his or her 8 qualifications and ability and has been authorized by the 9 Elevator Safety Review Board to possess this type of license. 10 It shall entitle the holder thereof to engage in the business 11 of erecting, constructing, installing, altering, servicing, 12 testing, repairing, or maintaining elevators or related 13 conveyance covered by this Act. The Administrator may issue 14 a limited elevator contractor's license authorizing a firm or 15 company that employs individuals to carry on a business of 16 erecting, constructing, installing, altering, servicing, 17 repairing, or maintaining platform lifts and stairway 18 chairlifts within any building or structure, including but 19 not limited to private residences. 20 "Elevator inspector" means any person who possesses an 21 elevator inspector's license in accordance with the 22 provisions of this Act or any person who performs the duties 23 and functions of an elevator inspector for any unit of local 24 government with a population greater than 500,000 prior to or 25 on the effective date of this Act. 26 "Elevator mechanic" means any person who possesses an 27 elevator mechanic's license in accordance with the provisions 28 of Sections 40 and 45 of this Act and who is engaged in 29 erecting, constructing, installing, altering, servicing, 30 repairing, or maintaining elevators or related conveyance 31 covered by this Act. 32 "Elevator mechanic's license" means a license issued to a 33 person who has proven his or her qualifications and ability 34 and has been authorized by the Elevator Safety Review Board -6- LRB9212107LDcsam 1 to work on conveyance equipment. It shall entitle the holder 2 thereof to install, construct, alter, service, repair, test, 3 maintain, and perform electrical work on elevators or related 4 conveyance covered by this Act. 5 "Escalator" means an installation defined as an 6 "escalator" in ASME A17.1. 7 "Existing installation" means an installation defined as 8 an "installation, existing" in ASME A17.1. 9 "Inspector's license" means a license issued to a person 10 who has proven his or her qualifications and ability and has 11 been authorized by the Elevator Safety Review Board to 12 possess this type of license. It shall entitle the holder 13 thereof to engage in the business of inspecting elevators or 14 related conveyance covered by this Act. 15 "License" means a written license, duly issued by the 16 Administrator, authorizing a person, firm, or company to 17 carry on the business of erecting, constructing, installing, 18 altering, servicing, repairing, maintaining, or performing 19 inspections of elevators or related conveyance covered by 20 this Act. 21 "Material alteration" means an "alteration" as defined by 22 the Board. 23 "Moving walk" means an installation as defined a "moving 24 walk" in ASME A17.1. 25 "Private residence" means a separate dwelling or a 26 separate apartment in a multiple dwelling that is occupied by 27 members of a single-family unit. 28 "Repair" has the meaning defined by the Board, which does 29 not require a permit. 30 "Temporarily dormant" means an elevator, dumbwaiter, or 31 escalator: 32 (1) with a power supply that has been disconnected 33 by removing fuses and placing a padlock on the mainline 34 disconnect switch in the "off" position; -7- LRB9212107LDcsam 1 (2) with a car that is parked and hoistway doors 2 that are in the closed and latched position; 3 (3) with a wire seal on the mainline disconnect 4 switch installed by a licensed elevator inspector; 5 (4) that shall not be used again until it has been 6 put in safe running order and is in condition for use; 7 (5) requiring annual inspections for the duration of 8 the temporarily dormant status by a licensed elevator 9 inspector; 10 (6) that has a "temporarily dormant" status that is 11 renewable on an annual basis, not to exceed a one-year 12 period; 13 (7) requiring the inspector to file a report with 14 the chief elevator inspector describing the current 15 conditions; and 16 (8) with a wire seal and padlock that shall not be 17 removed for any purpose without permission from the 18 elevator inspector. 19 Section 20. License required. 20 (a) After July 1, 2003, no person shall erect, construct, 21 wire, alter, replace, maintain, remove, or dismantle any 22 conveyance contained within buildings or structures in the 23 jurisdiction of this State unless he or she possesses an 24 elevator mechanic's license under this Act and unless he or 25 she works under the direct supervision of a person, firm, or 26 company having an elevator contractor's license in accordance 27 with Section 40 of this Act or exempted by that Section. 28 However, a licensed elevator contractor is not required for: 29 (1) removal or dismantling of conveyances that are 30 destroyed as a result of a complete demolition of a 31 secured building or structure or where the hoistway or 32 wellway is demolished back to the basic support structure 33 and where no access is permitted that would endanger the -8- LRB9212107LDcsam 1 safety and welfare of a person; and 2 (2) the conveyance is to be installed in the 3 hoistway that was demolished to the basic support 4 structure. 5 (b) After July 1, 2003, no person shall inspect any 6 conveyance within buildings or structures, including, but not 7 limited, to private residences, unless he or she has an 8 inspector's license. 9 Section 25. Elevator Safety Review Board. 10 (a) There is hereby created within the Office of the 11 State Fire Marshal the Elevator Safety Review Board, 12 consisting of 13 members. The Administrator shall appoint 3 13 members who shall be representatives of a fire service 14 communities. The Governor shall appoint the remaining 8 15 members of the Board as follows: one representative from a 16 major elevator manufacturing company or its authorized 17 representative; one representative from an elevator servicing 18 company; one representative of the architectural design 19 profession; one representative of the general public; one 20 representative of a municipality in this State with a 21 population over 500,000; one representative of a municipality 22 in this State with a population under 25,000; one 23 representative of a municipality in this State with a 24 population of 25,000 or over but under 50,000; one 25 representative of a municipality in this State with a 26 population of 50,000 or over but under 500,000; one 27 representative of a building owner or manager; and one 28 representative of labor involved in the installation, 29 maintenance, and repair of elevators. 30 (b) The members constituting the Board shall be appointed 31 for initial terms as follows: 32 (1) Of the members appointed by the Administrator, 2 33 shall serve for a term of 2 years, and one for a term of -9- LRB9212107LDcsam 1 4 years. 2 (2) Of the members appointed by the Governor, 2 3 shall serve for a term of one year, 2 for terms of 2 4 years, 2 for terms of 3 years, and 2 for terms of 4 5 years. 6 At the expiration of their initial terms of office, the 7 members or their successors shall be appointed for terms of 4 8 years each. Upon the expiration of a member's term of office, 9 the officer who appointed that member shall reappoint that 10 member or appoint a successor who is a representative of the 11 same interests with which his or her predecessor was 12 identified. The Administrator and the Governor may at any 13 time remove any of their respective appointees for 14 inefficiency or neglect of duty in office. Upon the death or 15 incapacity of a member, the officer who appointed that member 16 shall fill the vacancy for the remainder of the vacated term 17 by appointing a member who is a representative of the same 18 interests with which his or her predecessor was identified. 19 The members shall serve without salary, but shall receive 20 from the State expenses necessarily incurred by them in 21 performance of their duties. The Governor shall appoint one 22 of the members to serve as chairperson. The chairperson 23 shall be the deciding vote in the event of a tie vote. 24 Section 30. Meeting of the Board. The Board shall meet 25 and organize within 10 days after the appointment of its 26 members and at such meeting shall elect one secretary of the 27 Board to serve during the term to be fixed by the rules 28 adopted by the Board. The Board shall meet regularly once 29 each quarter or as often as deemed necessary by the 30 Administrator at a time and place to be fixed by it and at 31 such times as it is deemed necessary for the consideration of 32 code regulations, appeals, variances, and for the transaction 33 of any other business as properly may come before it. Special -10- LRB9212107LDcsam 1 meetings shall be called as provided in Board rules. 2 Section 35. Powers and duties of the Board. 3 (a) The Board shall consult with engineering authorities 4 and organizations and adopt rules consistent with the 5 provisions of this Act for the administration and enforcement 6 of this Act. The Board may prescribe forms to be issued in 7 connection with the administration and enforcement of this 8 Act. The rules shall establish standards and criteria 9 consistent with this Act for licensing of elevator mechanics, 10 inspectors, and installers of elevators, including the 11 provisions of the Safety Code for Elevators and Escalators 12 (ASME A17.1), the Safety Code for Existing Elevators (ASME 13 A18.1), the Standard for the Qualification of Elevator 14 Inspectors (ASME QEI-1), the Automated People Mover Standards 15 (ASCE 21), and the safety requirements for personnel hoists 16 (ANSI A10.4). 17 (b) The Board shall have the authority to grant 18 exceptions and variances from the literal requirements of 19 applicable State codes, standards, and regulations in cases 20 where such variances would not jeopardize the public safety 21 and welfare. The Board shall have the authority to hear 22 appeals, hold hearings, and decide upon such within 30 days 23 of the appeal. 24 (c) The Board shall establish fee schedules for licenses, 25 permits, certificates, and inspections. The fees shall be set 26 at an amount necessary to cover the actual costs and expenses 27 to operate the Board and to conduct the duties as described 28 in this Act. 29 (d) The Board shall be authorized to recommend the 30 amendments of applicable legislation, when appropriate, to 31 legislators. 32 (e) The Administrator may solicit the advice and expert 33 knowledge of the Board on any matter relating to the -11- LRB9212107LDcsam 1 administration and enforcement of this Act. 2 (f) The Administrator may employ professional, technical, 3 investigative, or clerical help, on either a full-time or 4 part-time basis, as may be necessary for the enforcement of 5 this Act. 6 (g) The Board shall not have authority within 7 municipalities with a population over 500,000 that have a 8 municipal code that covers the design, construction, 9 operation, inspection, testing, maintenance, alteration, and 10 repair of elevators, dumbwaiters, escalators, and moving 11 walks. 12 Section 40. Application for contractor's license. 13 (a) Any person, firm, or company wishing to engage in the 14 business of installing, altering, repairing, servicing, 15 replacing, or maintaining elevators, dumbwaiters, escalators, 16 or moving walks within this State shall make application for 17 a license with the Administrator. 18 (b) All applications shall contain the following 19 information: 20 (1) if the applicant is a person, the name, 21 residence, and business address of the applicant; 22 (2) if the applicant is a partnership, the name, 23 residence, and business address of each partner; 24 (3) if the applicant is a domestic corporation, the 25 name and business address of the corporation and the name 26 and residence address of the principal officer of the 27 corporation; 28 (4) if the applicant is a corporation other than a 29 domestic corporation, the name and address of an agent 30 locally located who shall be authorized to accept service 31 of process and official notices; 32 (5) the number of years the applicant has engaged in 33 the business of installing, inspecting, maintaining, or -12- LRB9212107LDcsam 1 servicing elevators or platform lifts or both; 2 (6) if applying for an elevator contractor's 3 license, the approximate number of persons, if any, to be 4 employed by the elevator contractor applicant and, if 5 applicable, satisfactory evidence that the employees are 6 or will be covered by workers' compensation insurance; 7 (7) satisfactory evidence that the applicant is or 8 will be covered by general liability, personal injury, 9 and property damage insurance; 10 (8) any criminal record of convictions; and 11 (9) any other information as the Administrator may 12 require. 13 (c) This Section does not apply to a person, firm, or 14 company located in a municipality with a population over 15 500,000 that provides for the licensure of contractors for 16 work performed within the corporate boundaries of a 17 municipality with a population over 500,000. 18 Section 45. Qualifications for elevator mechanic's 19 license. 20 (a) No license shall be granted to any person who has not 21 paid the required application fee. 22 (b) No license shall be granted to any person who has not 23 proven his or her qualifications and abilities. Applicants 24 for an elevator mechanic's license must demonstrate one of 25 the following qualifications: 26 (1) an acceptable combination of documented 27 experience and education credits consisting of: (A) not 28 less than 3 years work experience in the elevator 29 industry, in construction, maintenance, and service or 30 repair, as verified by current and previous employers 31 licensed to do business in this State; and (B) 32 satisfactory completion of a written examination 33 administered by the Elevator Safety Review Board on the -13- LRB9212107LDcsam 1 adopted rules, referenced codes, and standards; 2 (2) acceptable proof that he or she has worked as an 3 elevator constructor, maintenance, or repair person; 4 acceptable proof shall consist of documentation that he 5 or she worked without direct and immediate supervision 6 for an elevator contractor who has worked on elevators in 7 this State for a period of not less than 3 years 8 immediately prior to the effective date of this Act; the 9 person must make application within one year of the 10 effective date of this Act; 11 (3) a certificate of successful completion of the 12 mechanic examination of a nationally recognized training 13 program for the elevator industry such as the National 14 Elevator Industry Educational Program or its equivalent; 15 (4) a certificate of completion of an elevator 16 mechanic apprenticeship program with standards 17 substantially equal to those of this Act and registered 18 with the Bureau of Apprenticeship and Training, U.S. 19 Department of Labor, or a State apprenticeship council; 20 or 21 (5) a valid license from a state having standards 22 substantially equal to those of this State. 23 Section 50. Qualifications for elevator inspector's 24 license. 25 (a) No inspector's license shall be granted to any person 26 who has not paid the required application fee. 27 (b) No inspector's license shall be granted to any 28 person, unless he or she proves to the satisfaction of the 29 Administrator that he or she meets the current ASME QEI-1, 30 Standards for the Qualifications of Elevator Inspectors. 31 (c) Notwithstanding the provisions of subsections (a) 32 and (b) of this Section, the Administrator shall grant an 33 elevator inspector's license to a person engaged in the -14- LRB9212107LDcsam 1 practice of inspecting elevators in a municipality with a 2 population over 500,000 who is engaged in business as an 3 elevator inspector on the effective date of this Act. 4 Section 55. Qualifications for elevator contractor's 5 license. 6 (a) No license shall be granted to any person or firm 7 unless the appropriate application fee is paid. 8 (b) No license shall be granted to any person or firm who 9 has not proven the required qualifications and abilities. An 10 applicant must demonstrate one of the following 11 qualifications: 12 (1) five years work experience in the elevator 13 industry in construction, maintenance, and service or 14 repair, as verified by current and previous elevator 15 contractor's licenses to do business, or satisfactory 16 completion of a written examination administered by the 17 Elevator Safety Review Board on the most recent 18 referenced codes and standards; or 19 (2) proof that the individual or firm holds a valid 20 license from a state having standards substantially equal 21 to those of this State. 22 (c) This Section does not apply to a person or firm 23 engaged in business as an elevator contractor in a 24 municipality with a population over 500,000 that provides for 25 the licensure of elevator contractors for work performed 26 within the corporate boundaries of a municipality with a 27 population over 500,000. 28 Section 60. Issuance and renewal of licenses; fees. 29 (a) Upon approval of an application, the Administrator 30 may issue a license that must be renewed biannually. The 31 renewal fee for the license shall be set by the Board. 32 (b) Whenever an emergency exists in the State due to 33 disaster or work stoppage and the number of persons in the -15- LRB9212107LDcsam 1 State holding licenses granted by the Board is insufficient 2 to cope with the emergency, the licensed elevator contractor 3 shall respond as necessary to assure the safety of the 4 public. Any person certified by a licensed elevator 5 contractor to have an acceptable combination of documented 6 experience and education to perform elevator work without 7 direct and immediate supervision shall seek an emergency 8 elevator mechanic's license from the Administrator within 5 9 business days after commencing work requiring a license. The 10 administrator shall issue emergency elevator mechanic's 11 licenses. The applicant shall furnish proof of competency as 12 the administrator may require. Each license shall recite that 13 it is valid for a period of 30 days from the date thereof and 14 for such particular elevators or geographical areas as the 15 administrator may designate and otherwise shall entitle the 16 licensee to the rights and privileges of a elevator 17 mechanic's license issued under this Act. The administrator 18 shall renew an emergency elevator mechanic's license during 19 the existence of an emergency. No fee shall be charged for 20 any emergency elevator mechanic's license or renewal thereof. 21 (c) A licensed elevator contractor shall notify the 22 administrator when there are no licensed personnel available 23 to perform elevator work. The licensed elevator contractor 24 may request that the administrator issue temporary elevator 25 mechanic's licenses to persons certified by the licensed 26 elevator contractor to have an acceptable combination of 27 documented experience and education to perform elevator work 28 without direct and immediate supervision. Any person 29 certified by a licensed elevator contractor to have an 30 acceptable combination of documented experience and education 31 to perform elevator work without direct and immediate 32 supervision shall immediately seek a temporary elevator 33 mechanic's license from the administrator and shall pay such 34 fee as the Board shall determine. Each license shall recite -16- LRB9212107LDcsam 1 that it is valid for a period of 30 days from the date of 2 issuance and while employed by the licensed elevator 3 contractor that certified the individual as qualified. It 4 shall be renewable as long as the shortage of license holders 5 shall continue. 6 (d) The renewal of all licenses granted under the 7 provisions of this Section shall be conditioned upon the 8 submission of a certificate of completion of a course 9 designed to ensure the continuing education of licensees on 10 new and existing provisions of the rules of the Elevator 11 Safety Review Board. Such course shall consist of not less 12 than 8 hours of instruction that shall be attended and 13 completed within one year immediately preceding any such 14 license renewal. 15 (e) The courses referred to in subsection (d) of this 16 Section shall be taught by instructors through continuing 17 education providers that may include, but shall not be 18 limited to, association seminars and labor training programs. 19 The Elevator Safety Review Board shall approve the continuing 20 education providers. All instructors shall be approved by the 21 Board and shall be exempt from the requirements of subsection 22 (d) of this Section with regard to their applications for 23 license renewal, provided that such applicant was qualified 24 as an instructor at any time during the one year immediately 25 preceding the scheduled date for such renewal. 26 (f) A licensee who is unable to complete the continuing 27 education course required under this Section prior to the 28 expiration of his or her license due to a temporary 29 disability may apply for a waiver from the Board. This shall 30 be on a form provided by the Board, which shall be signed 31 under the penalty of perjury and accompanied by a certified 32 statement from a competent physician attesting to such 33 temporary disability. Upon the termination of such temporary 34 disability, the licensee shall submit to the Board a -17- LRB9212107LDcsam 1 certified statement from the same physician, if practicable, 2 attesting to the termination of the temporary disability, at 3 which time a waiver sticker, valid for 90 days, shall be 4 issued to the licensee and affixed to his or her license. 5 (g) Approved training providers shall keep for a period 6 of 10 years uniform records of attendance of licensees 7 following a format approved by the Board. These records 8 shall be available for inspection by the Board at its 9 request. Approved training providers shall be responsible for 10 the security of all attendance records and certificates of 11 completion, provided that falsifying or knowingly allowing 12 another to falsify attendance records or certificates of 13 completion shall constitute grounds for suspension or 14 revocation of the approval required under this Section. 15 Section 65. Penalties; suspension and revocation of 16 licenses. A license issued pursuant to this Act may be 17 suspended, revoked, or subjected to a penalty by the 18 administrator upon verification that any one or more of the 19 following reasons exist: 20 (1) any false statement as to material matter in the 21 application; 22 (2) fraud, misrepresentation, or bribery in securing 23 a license; 24 (3) failure to notify the administrator and the 25 owner or lessee of an elevator or related mechanisms of 26 any condition not in compliance with this Act; or 27 (4) violation of any provisions of this Act or the 28 rules promulgated hereunder. 29 Section 67. Fire Prevention Fund. All fees and fines 30 received by the Administrator under this Act shall be 31 deposited into the Fire Prevention Fund. All fees and fines 32 shall be used for the duties and administration of this Act. -18- LRB9212107LDcsam 1 Section 70. Administrative Procedure Act. The Illinois 2 Administrative Procedure Act is hereby expressly adopted and 3 incorporated herein as if all of the provisions of that Act 4 were included in this Act, except that the provision of 5 subsection (d) of Section 10-65 of the Illinois 6 Administrative Procedure Act that provides that at hearings 7 the licensee has the right to show compliance with all lawful 8 requirements for retention, or continuation or renewal of the 9 license, is specifically excluded. For the purposes of this 10 Act, the notice required under Section 10-25 of the Illinois 11 Administrative Procedure Act is deemed sufficient when mailed 12 to the last known address of a party. 13 Section 75. Administrative Review Law. All final 14 administrative decisions of the Administrator or the Board 15 are subject to judicial review under the Administrative 16 Review Law and its rules. The term "administrative decision" 17 is defined as in Section 3-101 of the Code of Civil 18 Procedure. 19 Proceedings for judicial review shall be commenced in the 20 circuit court of the county in which the party applying for 21 review resides, but if the party is not a resident of this 22 State, the venue shall be in Sangamon County. 23 Section 80. Registration of existing elevators, platform 24 lifts, dumbwaiters, escalators, moving walks, and any other 25 conveyance. Within 6 months after the date of the appointment 26 of the Board, the owner or lessee of every existing 27 conveyance shall register with the Administrator each 28 elevator, dumbwaiter, platform lift, escalator, or other 29 device described in Section 10 of this Act and provide the 30 type, rated load and speed, name of manufacturer, its 31 location, the purpose for which it is used, and such 32 additional information as the Administrator may require. -19- LRB9212107LDcsam 1 Elevators, dumbwaiters, platform lifts, escalators, moving 2 walks, or other conveyances of which construction has begun 3 subsequent to the date of the creation of the Board shall be 4 registered at the time they are completed and placed in 5 service. 6 Section 85. Compliance. It shall be the responsibility 7 of individuals, firms, or companies licensed as described in 8 this Act to ensure that installation or service and 9 maintenance of elevators and devices described in Section 10 10 of this Act is performed in compliance with the provisions 11 contained in this Act and local regulations. 12 Section 90. Permits. 13 (a) No conveyance covered by this Act shall be erected, 14 constructed, installed, or altered within buildings or 15 structures within this State unless a permit has been 16 obtained from the Administrator or a municipality or other 17 unit of local government. If the permit is obtained from a 18 municipality or other unit of local government, the 19 municipality or other unit of local government that issued 20 the permit shall keep the permit on file for a period of not 21 less than one year from the date of issuance and send a copy 22 to the Administrator for inspection. Where any material 23 alteration is made, the device shall conform to applicable 24 requirements in ASME A17.1, ASME A18.1, ASCE 21, or ANSI 25 A10.4. No permit required under this Section shall be issued 26 except to a person, firm, or corporation holding a current 27 elevator contractor's license, duly issued pursuant to this 28 Act. A copy of the permit shall be kept at the construction 29 site at all times while the work is in progress. 30 (b) The permit fee shall be as set by the Board. Permit 31 fees collected are non-refundable. 32 (c) Each application for a permit shall be accompanied by -20- LRB9212107LDcsam 1 applicable fees and by copies of specifications and 2 accurately scaled and fully dimensioned plans showing the 3 location of the installation in relation to the plans and 4 elevation of the building, the location of the machinery room 5 and the equipment to be installed, relocated, or altered, and 6 all structural supporting members, including foundations. 7 The applicant shall also specify all materials to be employed 8 and all loads to be supported or conveyed. These plans and 9 specifications shall be sufficiently complete to illustrate 10 all details of construction and design. 11 (d) Permits may be revoked for the following reasons: 12 (1) Any false statements or misrepresentation as to 13 the material facts in the application, plans, or 14 specifications on which the permit was based. 15 (2) The permit was issued in error and should not 16 have been issued in accordance with the code. 17 (3) The work detailed under the permit is not being 18 performed in accordance with the provisions of the 19 application, plans, or specifications or with the code or 20 conditions of the permit. 21 (4) The elevator contractor to whom the permit was 22 issued fails or refuses to comply with a "stop work" 23 order. 24 (5) If the work authorized by a permit is not 25 commenced within 6 months after the date of issuance, or 26 within a shorter period of time as the Administrator or 27 his or her duly authorized representative in his or her 28 discretion may specify at the time the permit is issued. 29 (6) If the work is suspended or abandoned for a 30 period of 60 days, or shorter period of time as the 31 Administrator or his or her duly authorized 32 representative in his or her discretion may specify at 33 the time the permit is issued, after the work has been 34 started. For good cause, the Administrator or his or her -21- LRB9212107LDcsam 1 representative may allow an extension of this period at 2 his or her discretion. 3 (e) This Section does not apply to conveyances located 4 in a municipality with a population over 500,000 that 5 provides for permits of such conveyances. 6 Section 95. New installations; annual inspections and 7 registrations. 8 (a) All new conveyance installations shall be performed 9 by a person, firm, or company to which a license to install 10 or service conveyances has been issued. Subsequent to 11 installation, the licensed person, firm, or company must 12 certify compliance with the applicable Sections of this Act. 13 Prior to any conveyance being used, the property owner or 14 lessee must obtain a certificate of operation from the 15 Administrator, unless the property is located within a 16 municipality with a population greater than 500,000. A fee as 17 set forth in this Act shall be paid for the certificate of 18 operation. It shall be the responsibility of the licensed 19 elevator contractor to complete and submit first time 20 registration for new installations. The certificate of 21 operation fee for newly installed platform lifts and stairway 22 chair lifts for private residences shall be subsequent to an 23 inspection by a licensed third party inspection firm. 24 (b) The certificate of operation fee for all new and 25 existing platform and stairway chair lifts for private 26 residences and any renewal certificate fees shall be waived. 27 The Administrator or his or her designee shall inspect, in 28 accordance with the requirements set forth in this Act, all 29 newly installed and existing platform lifts and stairway 30 chair lifts for private residences subsequent to an 31 inspection by a person, firm, or company to which a license 32 to inspect conveyances has been issued, unless the private 33 residence is located within a municipality with a population -22- LRB9212107LDcsam 1 greater than 500,000. 2 (c) A certificate of operation referenced in subsections 3 (a) and (b) of this Section is renewable annually, except for 4 certificates issued for platform and stairway chairlifts for 5 private residences, which shall be valid for a period of 3 6 years. Certificates of operation must be clearly displayed on 7 or in each conveyance or in the machine room for use for the 8 benefit of code enforcement staff. 9 Section 100. Insurance requirements. 10 (a) Elevator contractors shall submit to the 11 Administrator an insurance policy or certified copy thereof, 12 issued by an insurance company authorized to do business in 13 the State, to provide general liability coverage of at least 14 $2,000,000 for injury or death of any one person and 15 $2,000,000 for injury or death of any number of persons in 16 any one occurrence, with coverage of at least $1,000,000 for 17 property damage in any one occurrence and statutory workers 18 compensation insurance coverage. 19 (b) Private elevator inspectors shall submit to the 20 Administrator an insurance policy or certified copy thereof, 21 issued by an insurance company authorized to do business in 22 the State, to provide general liability coverage of at least 23 $2,000,000 for injury or death of any one person and 24 $2,000,000 for injury or death of any number of persons in 25 any one occurrence, with coverage of at least $1,000,000 for 26 property damage in any one occurrence and statutory workers 27 compensation insurance coverage. 28 (c) These policies, or duly certified copies thereof, or 29 an appropriate certificate of insurance, approved as to form 30 by the Department of Insurance and as to sufficiency by the 31 State Comptroller, shall be delivered to the Administrator 32 before or at the time of the issuance of a license. In the 33 event of a material alteration or cancellation of a policy, -23- LRB9212107LDcsam 1 at least 10 days notice thereof shall be given to the 2 Administrator. 3 Section 105. Enforcement. 4 (a) It shall be the duty of the Elevator Safety Review 5 Board to develop an enforcement program to ensure compliance 6 with rules and requirements referenced in this Act. This 7 shall include, but shall not be limited to, rules for 8 identification of property locations that are subject to the 9 rules and requirements; issuing notifications to violating 10 property owners or operators, random on-site inspections, and 11 tests on existing installations; witnessing periodic 12 inspections and testing in order to ensure satisfactory 13 performance by licensed persons, firms, or companies; and 14 assisting in development of public awareness programs. 15 (b) Any person may make a request for an investigation 16 into an alleged violation of this Act by giving notice to the 17 Administrator of such violation or danger. The notice shall 18 be in writing, shall set forth with reasonable particularity 19 the grounds for the notice, and shall be signed by the person 20 making the request. Upon the request of any person signing 21 the notice, the person's name shall not appear on any copy of 22 the notice or any record published, released, or made 23 available. 24 (c) If, upon receipt of such notification, the 25 Administrator determines that there are reasonable grounds to 26 believe that such violation or danger exists, the 27 Administrator shall cause to be made an investigation in 28 accordance with the provisions of this Act as soon as 29 practicable to determine if such violation or danger exists. 30 If the Administrator determines that there are no reasonable 31 grounds to believe that a violation or danger exists, he or 32 she shall notify the party in writing of such determination. 33 (d) This Section does not apply within a municipality -24- LRB9212107LDcsam 1 with a population over 500,000. 2 Section 110. Liability. 3 (a) This Act shall not be construed to relieve or lessen 4 the responsibility or liability of any person, firm, or 5 corporation owning, operating, controlling, maintaining, 6 erecting, constructing, installing, altering, inspecting, 7 testing, or repairing any elevator or other related 8 mechanisms covered by this Act for damages to person or 9 property caused by any defect therein, nor does the State or 10 any unit of local government assume any such liability or 11 responsibility therefore or any liability to any person for 12 whatever reason whatsoever by the adoption of this Act or any 13 acts or omissions arising under this Act. 14 (b) Any owner or lessee who violates any of the 15 provisions of this Act shall be fined in an amount not to 16 exceed $1,500. 17 (c) Compliance with this Act is not a defense to a legal 18 proceeding. 19 Section 115. Provisions not retroactive. The provisions 20 of this Act are not retroactive unless otherwise stated, and 21 equipment shall be required to comply with the applicable 22 code at the date of its installation or within the period 23 determined by the Board for compliance with ASME A17.3, 24 whichever is more stringent. If, upon the inspection of any 25 device covered by this Act, the equipment is found in 26 dangerous condition or there is an immediate hazard to those 27 riding or using such equipment or if the design or the method 28 of operation in combination with devices used is considered 29 inherently dangerous in the opinion of the administrator, he 30 or she shall notify the owner of the condition and shall 31 order such alterations or additions as may be deemed 32 necessary to eliminate the dangerous condition. -25- LRB9212107LDcsam 1 Section 120. Inspection and testing. 2 (a) It shall be the responsibility of the owner of all 3 new and existing conveyances located in any building or 4 structure to have the conveyance inspected annually by a 5 person, firm, or company to which a license to inspect 6 conveyances has been issued. Subsequent to inspection, the 7 licensed person, firm, or company must supply the property 8 owner or lessee and the Administrator with a written 9 inspection report describing any and all violations. Property 10 owners shall have 30 days from the date of the published 11 inspection report to be in full compliance by correcting the 12 violations. 13 (b) It shall be the responsibility of the owner of all 14 conveyances to have a firm or company licensed as described 15 in this Act to ensure that the required inspection and test 16 are performed at intervals in compliance with ASME A17.1, 17 ASME A18.1, and ASCE 21. 18 (c) All tests shall be performed by a licensed elevator 19 mechanic. 20 Section 125. State law, code, or regulation. Whenever a 21 provision in this Act is found to be inconsistent with any 22 provision of another applicable State law, code, or rule, the 23 State law shall prevail. This Act, unless specifically stated 24 otherwise, is not intended to establish more stringent or 25 more restrictive standards than standards set forth in other 26 applicable State laws. 27 Section 130. Accidents. The owner of each conveyance 28 shall notify the administrator of any accident causing 29 personal injury or property damage in excess of $1,000 that 30 involves a conveyance, on or before the close of business the 31 next business day following the accident. The Administrator 32 shall investigate and report to the Board the cause of any -26- LRB9212107LDcsam 1 conveyance accident that may occur in the State, the injuries 2 sustained, and any other data that may be of benefit in 3 preventing other similar accidents. 4 Section 135. Elevators in private residences. The owner 5 of a conveyance located in his or her private residence may 6 register, pay the required fee, and have his or her existing 7 conveyance inspected. The Administrator shall provide notice 8 to the owner of the private residence where the conveyance is 9 located with relevant information about conveyance safety 10 requirements, including the need to have the elevator 11 periodically and timely inspected and made safe. Any 12 inspection performed shall be done solely at the request and 13 with the consent of the private residence owner. No penalty 14 provision of this Act shall apply to private residence 15 owners. 16 Section 140. Local regulation; home rule. 17 (a) A municipality within its corporate limits and a 18 county within unincorporated areas within its boundaries may 19 inspect, license, or otherwise regulate elevators and devices 20 described in Section 10 of this Act, but any safety standards 21 or regulations adopted by a municipality or county under this 22 subsection must be at least as stringent as those provided 23 for in this Act and the rules adopted under this Act. A 24 municipality or county that inspects, licenses, or otherwise 25 regulates elevators and devices described in Section 10 of 26 this Act may impose reasonable fees to cover the cost of the 27 inspection, licensure, or other regulation. 28 (b) Except as otherwise provided in subsection (c), a 29 home rule unit may not regulate the inspection or licensure 30 of, or otherwise regulate, elevators and devices described in 31 Section 10 of this Act in a manner less restrictive than the 32 regulation by the State of those matters under this Act. This -27- LRB9212107LDcsam 1 subsection is a limitation under subsection (i) of Section 6 2 of Article VII of the Illinois Constitution on the concurrent 3 exercise by home rule units of powers and functions exercised 4 by the State. 5 (c) This Act does not limit the home rule powers of a 6 municipality with a population over 500,000, and this Act 7 shall not apply within such a municipality if that 8 application would be inconsistent with an ordinance adopted 9 under those home rule powers. 10 Section 900. The Regulatory Sunset Act is amended by 11 adding Section 4.23 as follows: 12 (5 ILCS 80/4.23 new) 13 Sec. 4.23. Act repealed on January 1, 2013. The 14 following Act is repealed on January 1, 2013: 15 The Elevator Safety and Regulation Act.".
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