Illinois General Assembly - Full Text of SB0718
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Full Text of SB0718  99th General Assembly




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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 Sections 15, 35, 105, 120, and 140 as
7    (225 ILCS 312/15)
8    (Section scheduled to be repealed on January 1, 2023)
9    Sec. 15. Definitions. For the purpose of this Act:
10    "Administrator" means the Office of the State Fire Marshal.
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 and fees have been paid as set forth in this Act.
13    "Conveyance" means any elevator, dumbwaiter, escalator,
14moving sidewalk, platform lifts, stairway chairlifts and
15automated people movers.
16    "Elevator" means an installation defined as an "elevator"
17in ASME A17.1.
18    "Elevator contractor" means any person, firm, or
19corporation who possesses an elevator contractor's license in
20accordance with the provisions of Sections 40 and 55 of this
21Act and who is engaged in the business of erecting,
22constructing, installing, altering, servicing, repairing, or
23maintaining elevators or related conveyance covered by this
25    "Elevator contractor's license" means a license issued to
26an elevator contractor who has proven his or her qualifications



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



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



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



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



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1    removed for any purpose without permission from the
2    elevator inspector.
3    "Temporary certificate of operation" means a temporary
4certificate of operation issued by the Administrator or the
5Local Administrator that permits the temporary use of a
6non-compliant conveyance by the general public for a limited
7time of 30 days while minor repairs are being completed.
8    All other building transportation terms are as defined in
9the latest edition of ASME A17.1 and ASME A18.1.
10    "Temporary limited authority" means an authorization
11issued, for a period not to exceed one year, by the
12Administrator to an individual that the Administrator deems
13qualified to perform work on a specific type of conveyance.
14(Source: P.A. 95-573, eff. 8-31-07; 96-54, eff. 7-23-09.)
15    (225 ILCS 312/35)
16    (Section scheduled to be repealed on January 1, 2023)
17    Sec. 35. Powers and duties of the Board and Administrator.
18    (a) The Board shall consult with engineering authorities
19and organizations and adopt rules consistent with the
20provisions of this Act for the administration and enforcement
21of this Act. The Board may prescribe forms to be issued in
22connection with the administration and enforcement of this Act.
23The rules shall establish standards and criteria consistent
24with this Act for licensing of elevator mechanics, inspectors,
25and installers of elevators, including the provisions of the



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1Safety Code for Elevators and Escalators (ASME A17.1), the
2provisions of the Performance-Based Safety Code for Elevators
3and Escalators (ASME A17.7), the Standard for the Qualification
4of Elevator Inspectors (ASME QEI-1), the Automated People Mover
5Standards (ASCE 21), the Safety Requirements for Personnel
6Hoists and Employee Elevators (ANSI A10.4), and the Safety
7Standard for Platform Lifts and Stairway Chairlifts (ASME
8A18.1). The Board shall adopt or amend and adopt the latest
9editions of the standards referenced in this subsection within
1012 months after the effective date of the standards.
11    The Board shall make determinations authorized by this Act
12regarding variances, interpretations, and the installation of
13new technology. Such determinations shall have a binding
14precedential effect throughout the State regarding equipment,
15structure, or the enforcement of codes unless limited by the
16Board to the fact-specific issues.
17    (b) The Administrator or Local Administrator shall have the
18authority to grant exceptions and variances from the literal
19requirements of applicable State codes, standards, and
20regulations in cases where such variances would not jeopardize
21the public safety and welfare. The Administrator has the right
22to review and object to any exceptions or variances granted by
23the Local Administrator. The Board shall have the authority to
24hear appeals, for any denial by the Local Administrator or for
25any denial or objection by the Administrator. The Board shall
26hold hearings, and decide upon such within 30 days of the



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2    (c) The Board shall establish fee schedules for licenses,
3and registrations issued by the Administrator. The Board shall
4also establish fee schedules for permits and , certificates,
5and inspections for conveyances not under a Local
6Administrator. The fees shall be set at an amount necessary to
7cover the actual costs and expenses to operate the Board and to
8conduct the duties as described in this Act.
9    (d) The Board shall be authorized to recommend the
10amendments of applicable legislation, when appropriate, to
12    (e) The Administrator may solicit the advice and expert
13knowledge of the Board on any matter relating to the
14administration and enforcement of this Act.
15    (f) The Administrator may employ professional, technical,
16investigative, or clerical help, on either a full-time or
17part-time basis, as may be necessary for the enforcement of
18this Act.
19    (g) (Blank).
20    (h) Notwithstanding anything else in this Section, the
21following upgrade requirements of the 2007 edition of the
22Safety Code for Elevators and Escalators (ASME A17.1) and the
232005 edition of the Safety Code for Existing Elevators (ASME
24A17.3) must be completed by January 1, 2015, but the
25Administrator or Local Administrator may not require their
26completion prior to January 1, 2013:



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1        (i) (blank);
2        (ii) car illumination;
3        (iii) emergency operation and signaling devices;
4        (iv) phase reversal and failure protection;
5        (v) reopening device for power operated doors or gates;
6        (vi) stop switch pits; and
7        (vii) pit ladder installation in accordance with
8    Section of ASME A17.1-2007.
9    (h-5) Notwithstanding anything else in this Section, the
10upgrade requirements for the restricted opening of hoistway
11doors or car doors on passenger elevators as provided for in
12the 2007 edition of the Safety Code for Elevators and
13Escalators (ASME A17.1) and the 2005 edition of the Safety Code
14for Existing Elevators (ASME A17.3) must be completed by
15January 1, 2014.
16    (i) In the event that a conveyance regulated by this Act is
17altered, the alteration shall comply with ASME A17.1.
18Notwithstanding anything else in this Section, the
19firefighter's emergency operation, and the hydraulic elevator
20cylinder, including the associated safety devices outlined in
21Section 4.3.3(b) of ASME A17.3-2005, are not required to be
22upgraded unless: (1) there is an alteration, (2) the equipment
23fails, or (3) failing to replace the equipment jeopardizes the
24public safety and welfare as determined by the Local
25Administrator or the Board.
26    (j) The Administrator may choose to require the inspection



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1of any conveyance to be performed by its own inspectors or by
2third-party licensed inspectors employed by the Administrator.
3    (k) The Board shall prescribe an inspection form, which
4shall be the only inspection form used by a licensed inspector
5in the inspection of a conveyance under this Act.
6(Source: P.A. 96-54, eff. 7-23-09; 97-310, eff. 8-11-11;
797-1048, eff. 8-22-12.)
8    (225 ILCS 312/105)
9    (Section scheduled to be repealed on January 1, 2023)
10    Sec. 105. Enforcement; Investigation.
11    (a) It shall be the duty of the Administrator to develop an
12enforcement program to ensure compliance with rules and
13requirements referenced in this Act. This shall include, but
14shall not be limited to, rules for identification of property
15locations that are subject to the rules and requirements;
16issuing notifications to violating property owners or
17operators, random on-site inspections, and tests on existing
18installations; witnessing periodic inspections and testing in
19order to ensure satisfactory performance by licensed persons,
20firms, or companies; and assisting in development of public
21awareness programs.
22    (b) Any person may make a request for an investigation into
23an alleged violation of this Act by giving notice to the
24Administrator or Local Administrator of such violation or
25danger. The notice shall be in writing, shall set forth with



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1reasonable particularity the grounds for the notice, and shall
2be signed by the person making the request. Upon the request of
3any person signing the notice, the person's name shall not
4appear on any copy of the notice or any record published,
5released, or made available. If the Local Administrator
6determines that there are reasonable grounds to believe that
7such violation or danger exists, the Local Administrator shall
8forward the request for an investigation to the Administrator.
9    (c) If, upon receipt of such notification, the
10Administrator determines that there are reasonable grounds to
11believe that such violation or danger exists, the Administrator
12shall cause to be made or permit the Local Administrator to
13conduct an investigation in accordance with the provisions of
14this Act as soon as practicable to determine if such violation
15or danger exists. If the Administrator determines that there
16are no reasonable grounds to believe that a violation or danger
17exists, he or she shall notify the party in writing of such
19    (d) (Blank).
20    (e) An injury caused by the malfunction of a conveyance
21shall be reported to the Administrator by the property owner,
22the lessee, or the party otherwise responsible for the premises
23where the conveyance is located and the injury occurred. The
24injury shall be reported within 2 business days of its
25occurrence and may be reported either in writing or



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1(Source: P.A. 95-573, eff. 8-31-07; 96-54, eff. 7-23-09.)
2    (225 ILCS 312/120)
3    (Section scheduled to be repealed on January 1, 2023)
4    Sec. 120. Inspection and testing.
5    (a) Except as provided in subsection (c) of Section 95 of
6this Act, it shall be the responsibility of the owner of all
7new and existing conveyances located in any building or
8structure to have the conveyance inspected annually by a
9person, firm, or company to which a license to inspect
10conveyances has been issued. The person, firm, or company
11conducting the inspection shall use the inspection form
12prescribed by the Board pursuant to subsection (k) of Section
1335 of this Act. Subsequent to inspection, the licensed person,
14firm, or company must supply the property owner or lessee and
15the Administrator with a written inspection report describing
16any and all code violations. Property owners shall have 30 days
17from the date of the published inspection report to be in full
18compliance by correcting the violations. The Administrator
19shall determine, upon receiving a final inspection report from
20the property owner or lessee, whether such violations have been
21corrected and may extend the compliance dates for good cause,
22provided that such violations are minor and pose no threat to
23public safety.
24    (b) It shall be the responsibility of the owner of all
25conveyances to have a licensed elevator contractor, as defined



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1in this Act, ensure that the required tests are performed at
2intervals in compliance with the ASME A 17.1, ASME A 18.1 and
3ASCE 21.
4    (c) All tests shall be performed by a licensed elevator
6(Source: P.A. 97-310, eff. 8-11-11.)
7    (225 ILCS 312/140)
8    (Section scheduled to be repealed on January 1, 2023)
9    Sec. 140. Local Administrator; home rule.
10    (a) The Administrator may enter into a local elevator
11agreement with municipalities or counties under which the Local
12Administrator shall (i) issue construction permits and
13certificates of operation, (ii) provide for inspection of
14elevators, including temporary operation inspections, (iii)
15grant exceptions and variances from the literal requirements of
16applicable State codes, standards, and regulations in cases
17where such variances would not jeopardize the public safety and
18welfare, and (iv) enforce the applicable provisions of the Act,
19and levy fines in accordance with the Municipal Code or
20Counties Code. The Local Administrator may choose to require
21that inspections be performed by its own inspectors or by
22private certified elevator inspectors. The Local Administrator
23may assess a reasonable fee for permits, exceptions, variances,
24certification of operation, or inspections performed by its
25inspectors. Each agreement shall include a provision that the



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1Local Administrator shall maintain for inspection by the
2Administrator copies of all applications for permits issued,
3grants or denials of exceptions or variances, copies of each
4inspection report issued, and proper records showing the number
5of certificates of operation issued. Each agreement shall also
6include a provision that each required inspection be conducted
7by a certified elevator inspector and any other provisions
8deemed necessary by the Administrator. Any safety standards or
9regulations adopted by a municipality or county under this
10subsection must be at least as stringent as those provided for
11in this Act and the rules adopted under this Act.
12    (b) A home rule unit may not regulate the inspection or
13licensure of, or otherwise regulate, elevators and devices
14described in Section 10 of this Act in a manner less
15restrictive than the regulation by the State of those matters
16under this Act. This subsection is a limitation under
17subsection (i) of Section 6 of Article VII of the Illinois
18Constitution on the concurrent exercise by home rule units of
19powers and functions exercised by the State.
20    (c) (Blank).
21    (d) The Administrator shall be notified of any exception or
22variance granted. The Administrator may object to such
23exception or variance within 7 business days of receipt of the
24notice. Should the Administrator and Local Administrator not
25reach agreement on the exception or variance, the matter shall
26be directed to the Board to hear and decide.



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1    (e) The Local Administrator shall issue the inspection form
2prescribed by the Board pursuant to subsection (k) of Section
335 of this Act or an inspection form identical to the form
4prescribed by the Board, which shall be the only inspection
5form used by a person, firm, or company licensed to inspect
6conveyances under this Section. A Local Administrator that
7chooses to require that inspections be performed by its own
8inspectors shall also use the inspection form prescribed by the
9Board or an inspection form that is identical to the form
10prescribed by the Board.
11(Source: P.A. 96-54, eff. 7-23-09.)