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92nd General Assembly

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Public Act 92-0873

SB1701 Enrolled                                LRB9212107ACsb

    AN ACT in relation to professional regulation.

    Be it  enacted  by  the  People  of  the  State  of  Illinois,
represented in the General Assembly:

    Section 1.  Short title.  This Act may be  cited  as  the
Elevator Safety and Regulation Act.

    Section  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.
    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.
    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 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.

    Section 10.  Applicability.
    (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):
         (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):
              (A) Elevators.
              (B) Platform lifts and stairway chair lifts.
         (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):
              (A) Escalators.
              (B) Moving walks.
         (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):
              (A) Dumbwaiters.
              (B)   Material   lifts   and  dumbwaiters  with
         automatic transfer devices.
    (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).
    (c) This Act does not apply to the following equipment:
         (1) Material hoists.
         (2) Belt manlifts.
         (3) Mobile scaffolds, towers, and platforms,  except
    those covered by ANSI A10.4.
         (4) Powered platforms and equipment for exterior and
    interior maintenance.
         (5) Conveyors and related equipment.
         (6)  Cranes,  derricks,  hoists,  hooks,  jacks, and
    slings.
         (7) Industrial trucks.
         (8)  Portable   equipment,   except   for   portable
    escalators.
         (9)   Tiering   or  piling  machines  used  to  move
    materials to  and  from  storage  located  and  operating
    entirely within one story.
         (10)  Equipment for feeding or positioning materials
    at machine tools, printing presses, etc.
         (11) Skip or furnace hoists.
         (12) Wharf ramps.
         (13) Railroad car lifts or dumpers.
         (14)  Line  jacks,  false  cars,  shafters,   moving
    platforms,  and  similar equipment used for installing an
    elevator by a contractor licensed in this State.
         (15) Railway and Transit Systems.

    Section 15.  Definitions.  For the purpose of this Act:
    "Administrator"  means  the  Office  of  the  State  Fire
Marshal.
    "ANSI A10.4" means the safety requirements for  personnel
hoists, an American National Standard.
    "ASCE  21"  means the American Society of Civil Engineers
Automated People Mover Standards.
    "ASME A17.1" means the  Safety  Code  for  Elevators  and
Escalators, an American National Standard.
    "ASME A17.3" means the Safety Code for Existing Elevators
and Escalators, an American National Standard.
    "ASME A18.1" means the Safety Standard for Platform Lifts
and Stairway Chairlifts, an American National Standard.
    "Automated people mover" means an installation as defined
as an "automated people mover" in ASCE 21.
    "Board" means the Elevator Safety Review Board.
    "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.
    "Conveyance"  means  any elevator, dumbwaiter, escalator,
moving sidewalk,  platform  lifts,  stairway  chairlifts  and
automated people movers.
    "Elevator" means an installation defined as an "elevator"
in ASME A17.1.
    "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.
    "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,  constructing,  installing,  altering,   servicing,
repairing,   or   maintaining  platform  lifts  and  stairway
chairlifts within any building or  structure,  including  but
not limited to private residences.
    "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.
    "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.
    "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.
    "Escalator"   means   an   installation   defined  as  an
"escalator" in ASME A17.1.
    "Existing installation" means an installation defined  as
an "installation, existing" in ASME A17.1.
    "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.
    "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.
    "Material alteration" means an "alteration" as defined by
the Board.
    "Moving  walk" means an installation as defined a "moving
walk" in ASME A17.1.
    "Private  residence"  means  a  separate  dwelling  or  a
separate apartment in a multiple dwelling that is occupied by
members of a single-family unit.
    "Repair" has the meaning defined by the Board, which does
not require a permit.
    "Temporarily dormant" means an elevator,  dumbwaiter,  or
escalator:
         (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;
         (2)  with  a  car  that is parked and hoistway doors
    that are in the closed and latched position;
         (3) with a wire  seal  on  the  mainline  disconnect
    switch installed by a licensed elevator inspector;
         (4)  that  shall not be used again until it has been
    put in safe running order and is in condition for use;
         (5) requiring annual inspections for the duration of
    the temporarily dormant status  by  a  licensed  elevator
    inspector;
         (6)  that has a "temporarily dormant" status that is
    renewable on an annual basis, not to  exceed  a  one-year
    period;
         (7)  requiring  the  inspector to file a report with
    the  chief  elevator  inspector  describing  the  current
    conditions; and
         (8) with a wire seal and padlock that shall  not  be
    removed  for  any  purpose  without  permission  from the
    elevator inspector.

    Section 20. License required.
    (a) After July 1, 2003, 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,  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.

    Section 25.  Elevator Safety Review Board.
    (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  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.
    (b) The members constituting the Board shall be appointed
for initial terms as follows:
         (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.
         (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.
    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.

    Section 30.  Meeting of the Board.  The Board shall  meet
and  organize  within  10  days  after the appointment of its
members and at such meeting shall elect one secretary of  the
Board  to  serve  during  the  term  to be fixed by the rules
adopted by the Board. The Board  shall  meet  regularly  once
each   quarter  or  as  often  as  deemed  necessary  by  the
Administrator at a time and place to be fixed by  it  and  at
such times as it is deemed necessary for the consideration of
code regulations, appeals, variances, and for the transaction
of any other business as properly may come before it. Special
meetings shall be called as provided in Board rules.

    Section 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
A18.1),  the  Standard  for  the  Qualification  of  Elevator
Inspectors (ASME QEI-1), the Automated People Mover Standards
(ASCE 21), and the safety requirements for  personnel  hoists
(ANSI A10.4).
    (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)  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.

    Section 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)  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.

    Section  45.   Qualifications  for  elevator   mechanic's
license.
    (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. 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 on the
    adopted rules, referenced codes, and standards;
         (2) acceptable proof that he or she has worked as an
    elevator  constructor,  maintenance,  or  repair  person;
    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  prior to the effective date of this Act; the
    person must make  application  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;
         (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.

    Section  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)  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.

    Section 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  current  and  previous  elevator
    contractor's  licenses  to  do  business, or satisfactory
    completion of a written examination administered  by  the
    Elevator   Safety   Review   Board  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)  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.

    Section 60.  Issuance and renewal of licenses; fees.
    (a) Upon approval of an  application,  the  Administrator
may  issue  a  license  that  must be renewed biannually. The
renewal fee for the license shall be set by the Board.
    (b) 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) 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.

    Section  65.  Penalties;  suspension  and  revocation  of
licenses.  A license issued  pursuant  to  this  Act  may  be
suspended,   revoked,  or  subjected  to  a  penalty  by  the
Administrator upon verification that any one or more  of  the
following reasons exist:
         (1) any false statement as to material matter in the
    application;
         (2) fraud, misrepresentation, or bribery in securing
    a license;
         (3)  failure  to  notify  the  Administrator and the
    owner or lessee of an elevator or related  mechanisms  of
    any condition not in compliance with this Act; or
         (4)  violation  of any provisions of this Act or the
    rules promulgated hereunder.

    Section 67.  Fire Prevention Fund.  All  fees  and  fines
received  by  the  Administrator  under  this  Act  shall  be
deposited  into  the Fire Prevention Fund. All fees and fines
deposited pursuant to this Section  shall  be  used  for  the
duties and administration of this Act.

    Section  70.  Administrative Procedure Act.  The Illinois
Administrative Procedure Act is hereby expressly adopted  and
incorporated  herein  as if all of the provisions of that Act
were included in this  Act,  except  that  the  provision  of
subsection   (d)   of   Section   10-65   of   the   Illinois
Administrative  Procedure  Act that provides that at hearings
the licensee has the right to show compliance with all lawful
requirements for retention, or continuation or renewal of the
license, is specifically excluded.  For the purposes of  this
Act,  the notice required under Section 10-25 of the Illinois
Administrative Procedure Act is deemed sufficient when mailed
to the last known address of a party.

    Section  75.   Administrative  Review  Law.   All   final
administrative  decisions  of  the Administrator or the Board
are subject  to  judicial  review  under  the  Administrative
Review  Law and its rules. The term "administrative decision"
is  defined  as  in  Section  3-101  of  the  Code  of  Civil
Procedure.
    Proceedings for judicial review shall be commenced in the
circuit court of the county in which the party  applying  for
review  resides,  but  if the party is not a resident of this
State, the venue shall be in Sangamon County.

    Section 80.  Registration of existing elevators, platform
lifts, dumbwaiters, escalators, moving walks, and  any  other
conveyance. Within 6 months after the date of the 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.

    Section  85.  Compliance.  It shall be the responsibility
of individuals, firms, or companies licensed as described  in
this   Act   to  ensure  that  installation  or  service  and
maintenance of elevators and devices described in Section  10
of  this  Act  is performed in compliance with the provisions
contained in this Act and local regulations.

    Section 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)  This Section does not apply to  conveyances  located
in  a  municipality  with  a  population  over  500,000  that
provides for permits of such conveyances.

    Section  95.   New  installations; annual inspections and
registrations.
    (a) All new conveyance installations 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
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) 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.

    Section 100. Insurance requirements.
    (a)    Elevator   contractors   shall   submit   to   the
Administrator an insurance policy or certified copy  thereof,
issued  by  an insurance company authorized to do business in
the State, to provide general liability coverage of at  least
$2,000,000  for  injury  or  death  of  any  one  person  and
$2,000,000  for  injury  or death of any number of persons in
any one occurrence, with coverage of at least $1,000,000  for
property  damage  in any one occurrence and statutory workers
compensation insurance coverage.
    (b) Private  elevator  inspectors  shall  submit  to  the
Administrator  an insurance policy or certified copy thereof,
issued by an insurance company authorized to do  business  in
the  State, to provide general liability coverage of at least
$2,000,000  for  injury  or  death  of  any  one  person  and
$2,000,000 for injury or death of any number  of  persons  in
any  one occurrence, with coverage of at least $1,000,000 for
property damage in any one occurrence and  statutory  workers
compensation insurance coverage.
    (c)  These policies, or duly certified copies thereof, or
an appropriate certificate of insurance, approved as to  form
by  the  Department  of  Insurance, shall be delivered to the
Administrator before or at the time  of  the  issuance  of  a
license.   In   the   event   of  a  material  alteration  or
cancellation of a policy, at least  10  days  notice  thereof
shall be given to the Administrator.

    Section 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, 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)  This  Section  does  not apply within a municipality
with a population over 500,000.

    Section 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.
    (c)  Compliance with this Act is not a defense to a legal
proceeding.

    Section  115.  Provisions not retroactive. The provisions
of this Act are not retroactive unless otherwise stated,  and
equipment  shall  be  required  to comply with the applicable
code at the date of its installation  or  within  the  period
determined  by  the  Board  for  compliance  with ASME A17.3,
whichever is more stringent. If, upon the inspection  of  any
device  covered  by  this  Act,  the  equipment  is  found in
dangerous condition or there is an immediate hazard to  those
riding or using such equipment or if the design or the method
of  operation  in combination with devices used is considered
inherently dangerous in the opinion of the Administrator,  he
or  she  shall  notify  the  owner of the condition and shall
order  such  alterations  or  additions  as  may  be   deemed
necessary to eliminate the dangerous condition.

    Section 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 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.
    (b) 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.

    Section  125.  State law, code, or regulation. Whenever a
provision in this Act is found to be  inconsistent  with  any
provision of another applicable State law, code, or rule, the
State law shall prevail. This Act, unless specifically stated
otherwise,  is  not  intended  to establish more stringent or
more restrictive standards than standards set forth in  other
applicable State laws.

    Section   130.  Accidents.   The owner of each conveyance
shall  notify  the  Administrator  of  any  accident  causing
personal injury or property damage in excess of  $1,000  that
involves a conveyance, on or before the close of business the
next  business day following the accident.  The Administrator
shall investigate and report to the Board the  cause  of  any
conveyance accident that may occur in the State, the injuries
sustained,  and  any  other  data  that  may be of benefit in
preventing other similar accidents.

    Section 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 shall provide notice
to the owner of the private residence 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.

    Section 140.  Local regulation; home rule.
    (a)  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 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)  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)  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.
    Section  900.  The  Regulatory  Sunset  Act is amended by
adding Section 4.23 as follows:

    (5 ILCS 80/4.23 new)
    Sec.  4.23.   Act  repealed  on  January  1,  2013.   The
following Act is repealed on January 1, 2013:
    The Elevator Safety and Regulation Act.
    Passed in the General Assembly December 05, 2002.
    Approved January 03, 2003.

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