103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5362

 

Introduced 2/9/2024, by Rep. Mary Beth Canty

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 312/15

    Amends the Elevator Safety and Regulation Act. Defines "temporary certificate of operation" as a temporary certificate of operation issued by the Administrator or the Local Administrator that permits the temporary use of a conveyance by the general public for a limited time of 30 days while minor repairs or upgrades are being completed if it is determined by the Administrator or the Local Administrator that the conveyance's use will not jeopardize the safety and health of those using or working on the conveyance. Effective immediately.


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A BILL FOR

 

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1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Elevator Safety and Regulation Act is
5amended by changing Section 15 as follows:
 
6    (225 ILCS 312/15)
7    (Section scheduled to be repealed on January 1, 2028)
8    Sec. 15. Definitions. For the purpose of this Act:
9    "Administrator" means the Office of the State Fire
10Marshal.
11    "Alteration" means any change to equipment, including its
12parts, components, or subsystems, other than maintenance,
13repair, or replacement of the equipment, including its parts,
14components, or subsystems.
15    "ANSI A10.4" means the safety requirements for personnel
16hoists, an American National Standard.
17    "ASCE 21" means the American Society of Civil Engineers
18Automated People Mover Standards.
19    "ASME A17.1" means the Safety Code for Elevators and
20Escalators, an American National Standard, and CSA B44, the
21National Standard of Canada.
22    "ASME A17.3" means the Safety Code for Existing Elevators
23and Escalators, an American National Standard.

 

 

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1    "ASME A17.7" means the Performance-Based Safety Code for
2Elevators and Escalators, an American National Standard, and
3CSA B44.7, the National Standard of Canada.
4    "ASME A18.1" means the Safety Standard for Platform Lifts
5and Stairway Chairlifts, an American National Standard.
6    "Automated people mover" means an installation as defined
7as an "automated people mover" in ASCE 21.
8    "Board" means the Elevator Safety Review Board.
9    "Certificate of operation" means a certificate issued by
10the Administrator or the Local Administrator that indicates
11that the conveyance: has passed the required safety inspection
12and tests; has been registered; and fees have been paid as set
13forth in this Act.
14    "Conveyance" means any elevator, dumbwaiter, escalator,
15moving sidewalk, platform lifts, stairway chairlifts and
16automated people movers.
17    "Elevator" means an installation defined as an "elevator"
18in ASME A17.1.
19    "Elevator contractor" means any person, firm, or
20corporation who possesses an elevator contractor's license in
21accordance with the provisions of Sections 40 and 55 of this
22Act and who is engaged in the business of erecting,
23constructing, installing, altering, servicing, repairing, or
24maintaining elevators or related conveyance covered by this
25Act.
26    "Elevator contractor's license" means a license issued to

 

 

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1an elevator contractor who has proven his or her
2qualifications and ability and has been authorized by the
3Administrator to work on conveyance equipment. It shall
4entitle the holder thereof to engage in the business of
5constructing, installing, altering, servicing, testing,
6repairing, or maintaining and performing electrical work on
7elevators or related conveyances covered by this Act within
8any building or structure, including, but not limited to,
9private residences. The Administrator may issue a limited
10elevator contractor's license authorizing a firm or company
11that employs individuals to carry on a business of erecting,
12constructing, installing, altering, servicing, repairing, or
13maintaining a specific type of conveyance within any building
14or structure, excluding private residences.
15    "Elevator helper" means an individual registered with the
16Administrator who works under the general direction of a
17licensed elevator mechanic. Licensure is not required for an
18elevator helper.
19    "Elevator industry apprentice" means an individual who is
20enrolled in an apprenticeship program approved by the Bureau
21of Apprenticeship and Training of the U.S. Department of Labor
22and who is registered by the Administrator and works under the
23general direction of a licensed elevator mechanic. Licensure
24is not required for an elevator industry apprentice.
25    "Elevator inspector" means any inspector, as that term is
26defined in ASME QEI, who possesses an elevator inspector's

 

 

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1license in accordance with the provisions of this Act.
2    "Elevator mechanic" means any person who possesses an
3elevator mechanic's license in accordance with the provisions
4of Sections 40 and 45 of this Act and who is engaged in
5erecting, constructing, installing, altering, servicing,
6repairing, or maintaining elevators or related conveyance
7covered by this Act.
8    "Elevator mechanic's license" means a license issued to a
9person who has proven his or her qualifications and ability
10and has been authorized by the Administrator to work on
11conveyance equipment. It shall entitle the holder thereof to
12install, construct, alter, service, repair, test, maintain,
13and perform electrical work on elevators or related conveyance
14covered by this Act. The Administrator may issue a limited
15elevator mechanic's license authorizing an individual to carry
16on a business of erecting, constructing, installing, altering,
17servicing, repairing, or maintaining a specific type of
18conveyance within any building or structure.
19    "Escalator" means an installation defined as an
20"escalator" in ASME A17.1.
21    "Existing installation" means an installation defined as
22an "installation, existing" in ASME A17.1.
23    "Inspector's license" or "inspection company license"
24means a license issued to an ASME QEI certified elevator
25inspector or inspection company that has proven the
26inspector's or the company's qualifications and ability and

 

 

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1has been authorized by the Administrator to possess this type
2of license. It shall entitle the holder thereof to engage in
3the business of inspecting elevators or related conveyance
4covered by this Act.
5    "License" means a written license, duly issued by the
6Administrator, authorizing a person, firm, or company to carry
7on the business of erecting, constructing, installing,
8altering, servicing, repairing, maintaining, or performing
9inspections of elevators or related conveyance covered by this
10Act. New and renewed licenses issued after January 1, 2010
11will include a photo of the licensee.
12    "Local Administrator" means the municipality or
13municipalities or county or counties that entered into a local
14elevator agreement with the Administrator to operate its own
15elevator safety program in accordance with this Act and the
16adopted administrative rules.
17    "Material alteration" means an "alteration", as defined in
18the referenced standards.
19    "Moving walk" means an installation defined as a "moving
20walk" in ASME A17.1.
21    "Owner" means the owner of the conveyance, which could be
22an individual, a group of individuals, an association, trust,
23partnership, corporation, or person doing business under an
24assumed name. The owner may delegate his, her, or its
25authority to manage the day-to-day operations of the
26conveyance to another party, but may not delegate his, her, or

 

 

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1its responsibilities and duties under this Act and the
2administrative rules.
3    "Private residence" means a separate dwelling or a
4separate apartment or condominium unit in a multiple-family
5dwelling that is occupied by members of a single-family unit.
6    "Repair" has the meaning set forth in the referenced
7standards. "Repair" does not require a permit.
8    "Temporarily dormant" means an elevator, dumbwaiter, or
9escalator:
10        (1) with a power supply that has been disconnected by
11    removing fuses and placing a padlock on the mainline
12    disconnect switch in the "off" position;
13        (2) with a car that is parked and hoistway doors that
14    are in the closed and latched position;
15        (3) with a wire seal on the mainline disconnect switch
16    installed by a licensed elevator inspector;
17        (4) that shall not be used again until it has been put
18    in safe running order and is in condition for use;
19        (5) requiring annual inspections for the duration of
20    the temporarily dormant status by a licensed elevator
21    inspector;
22        (6) that has a "temporarily dormant" status that is
23    renewable on an annual basis, not to exceed a 5-year
24    period;
25        (7) requiring the inspector to file a report with the
26    Administrator describing the current conditions; and

 

 

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1        (8) with a wire seal and padlock that shall not be
2    removed for any purpose without permission from the
3    elevator inspector.
4    All other building transportation terms are as defined in
5the latest edition of ASME A17.1 and ASME A18.1.
6    "Temporary certificate of operation" means a temporary
7certificate of operation issued by the Administrator or the
8Local Administrator that permits the temporary use of a
9conveyance by the general public for a limited time of 30 days
10while minor repairs or upgrades are being completed if it is
11determined by the Administrator or the Local Administrator
12that the conveyance's use will not jeopardize the safety and
13health of those using or working on the conveyance.
14    "Temporary limited authority" means an authorization
15issued, for a period not to exceed one year, by the
16Administrator to an individual that the Administrator deems
17qualified to perform work on a specific type of conveyance.
18(Source: P.A. 102-715, eff. 4-29-22.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.