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


Sen. Don Harmon

Filed: 2/17/2015





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2    AMENDMENT NO. ______. Amend Senate Bill 718 by replacing
3everything after the enacting clause with the following:
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8    (Section scheduled to be repealed on January 1, 2023)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.



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1    "ASCE 21" means the American Society of Civil Engineers
2Automated People Mover Standards.
3    "ASME A17.1" means the Safety Code for Elevators and
4Escalators, an American National Standard, and CSA B44, the
5National Standard of Canada.
6    "ASME A17.3" means the Safety Code for Existing Elevators
7and Escalators, an American National Standard.
8    "ASME A17.7" means the Performance-Based Safety Code for
9Elevators and Escalators, an American National Standard, and
10CSA B44.7, the National Standard of Canada.
11    "ASME A18.1" means the Safety Standard for Platform Lifts
12and Stairway Chairlifts, an American National Standard.
13    "Automated people mover" means an installation as defined
14as an "automated people mover" in ASCE 21.
15    "Board" means the Elevator Safety Review Board.
16    "Certificate of operation" means a certificate issued by
17the Administrator or the Local Administrator that indicates
18that the conveyance has passed the required safety inspection
19and tests and fees have been paid as set forth in this Act.
20    "Conveyance" means any elevator, dumbwaiter, escalator,
21moving sidewalk, platform lifts, stairway chairlifts and
22automated people movers.
23    "Elevator" means an installation defined as an "elevator"
24in ASME A17.1.
25    "Elevator contractor" means any person, firm, or
26corporation who possesses an elevator contractor's license in



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1accordance with the provisions of Sections 40 and 55 of this
2Act and who is engaged in the business of erecting,
3constructing, installing, altering, servicing, repairing, or
4maintaining elevators or related conveyance covered by this
6    "Elevator contractor's license" means a license issued to
7an elevator contractor who has proven his or her qualifications
8and ability and has been authorized by the Administrator
9Elevator Safety Review Board to work on conveyance equipment.
10It shall entitle the holder thereof to engage in the business
11of constructing, installing, altering, servicing, testing,
12repairing, or maintaining and performing electrical work on
13elevators or related conveyances covered by this Act within any
14building or structure, including, but not limited to, private
15residences. The Administrator may issue a limited elevator
16contractor's license authorizing a firm or company that employs
17individuals to carry on a business of erecting, constructing,
18installing, altering, servicing, repairing, or maintaining a
19specific type of conveyance within any building or structure,
20excluding private residences.
21    "Elevator helper" means an individual registered with the
22Administrator who works under the general direction of a
23licensed elevator mechanic. Licensure is not required for an
24elevator helper.
25    "Elevator industry apprentice" means an individual who is
26enrolled in an apprenticeship program approved by the Bureau of



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1Apprenticeship and Training of the U.S. Department of Labor and
2who is registered by the Administrator and works under the
3general direction of a licensed elevator mechanic. Licensure is
4not required for an elevator industry apprentice.
5    "Elevator inspector" means any inspector, as that term is
6defined in ASME QEI, who possesses an elevator inspector's
7license in accordance with the provisions of this Act.
8    "Elevator mechanic" means any person who possesses an
9elevator mechanic's license in accordance with the provisions
10of Sections 40 and 45 of this Act and who is engaged in
11erecting, constructing, installing, altering, servicing,
12repairing, or maintaining elevators or related conveyance
13covered by this Act.
14    "Elevator mechanic's license" means a license issued to a
15person who has proven his or her qualifications and ability and
16has been authorized by the Administrator Elevator Safety Review
17Board to work on conveyance equipment. It shall entitle the
18holder thereof to install, construct, alter, service, repair,
19test, maintain, and perform electrical work on elevators or
20related conveyance covered by this Act. The Administrator may
21issue a limited elevator mechanic's license authorizing an
22individual to carry on a business of erecting, constructing,
23installing, altering, servicing, repairing, or maintaining a
24specific type of conveyance within any building or structure.
25    "Escalator" means an installation defined as an
26"escalator" in ASME A17.1.



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1    "Existing installation" means an installation defined as
2an "installation, existing" in ASME A17.1.
3    "Inspector's license" or "inspection company license"
4means a license issued to an ASME QEI certified elevator
5inspector or inspection company that has proven the inspector's
6or the company's qualifications and ability and has been
7authorized by the Administrator Elevator Safety Review Board to
8possess this type of license. It shall entitle the holder
9thereof to engage in the business of inspecting elevators or
10related conveyance covered by this Act.
11    "License" means a written license, duly issued by the
12Administrator, authorizing a person, firm, or company to carry
13on the business of erecting, constructing, installing,
14altering, servicing, repairing, maintaining, or performing
15inspections of elevators or related conveyance covered by this
16Act. New and renewed licenses issued after January 1, 2010 will
17include a photo of the licensee.
18    "Local Administrator" means the municipality or
19municipalities or county or counties that entered into a local
20elevator agreement with the Administrator to operate its own
21elevator safety program in accordance with this Act and the
22adopted administrative rules.
23    "Material alteration" means an "alteration", as defined in
24the referenced standards.
25    "Moving walk" means an installation defined as a "moving
26walk" in ASME A17.1.



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1    "Owner" means the owner of the conveyance, which could be
2an individual, a group of individuals, an association, trust,
3partnership, corporation, or person doing business under an
4assumed name. The owner may delegate his, her, or its authority
5to manage the day-to-day operations of the conveyance to
6another party, but may not delegate his, her, or its
7responsibilities and duties under this Act and the
8administrative rules.
9    "Private residence" means a separate dwelling or a separate
10apartment or condominium unit in a multiple-family dwelling
11that is occupied by members of a single-family unit.
12    "Repair" has the meaning set forth in the referenced
13standards. "Repair" does not require a permit.
14    "Temporarily dormant" means an elevator, dumbwaiter, or
16        (1) with a power supply that has been disconnected by
17    removing fuses and placing a padlock on the mainline
18    disconnect switch in the "off" position;
19        (2) with a car that is parked and hoistway doors that
20    are in the closed and latched position;
21        (3) with a wire seal on the mainline disconnect switch
22    installed by a licensed elevator inspector;
23        (4) that shall not be used again until it has been put
24    in safe running order and is in condition for use;
25        (5) requiring annual inspections for the duration of
26    the temporarily dormant status by a licensed elevator



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1    inspector;
2        (6) that has a "temporarily dormant" status that is
3    renewable on an annual basis, not to exceed a 5-year
4    period;
5        (7) requiring the inspector to file a report with the
6    Administrator describing the current conditions; and
7        (8) with a wire seal and padlock that shall not be
8    removed for any purpose without permission from the
9    elevator inspector.
10    "Temporary certificate of operation" means a temporary
11certificate of operation issued by the Administrator or the
12Local Administrator that permits the temporary use of a
13non-compliant conveyance by the general public for a limited
14time of 30 days while minor repairs are being completed.
15    All other building transportation terms are as defined in
16the latest edition of ASME A17.1 and ASME A18.1.
17    "Temporary limited authority" means an authorization
18issued, for a period not to exceed one year, by the
19Administrator to an individual that the Administrator deems
20qualified to perform work on a specific type of conveyance.
21(Source: P.A. 95-573, eff. 8-31-07; 96-54, eff. 7-23-09.)
22    (225 ILCS 312/35)
23    (Section scheduled to be repealed on January 1, 2023)
24    Sec. 35. Powers and duties of the Board and Administrator.
25    (a) The Board shall consult with engineering authorities



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1and organizations and adopt rules consistent with the
2provisions of this Act for the administration and enforcement
3of this Act. The Board may prescribe forms to be issued in
4connection with the administration and enforcement of this Act.
5The rules shall establish standards and criteria consistent
6with this Act for licensing of elevator mechanics, inspectors,
7and installers of elevators, including the provisions of the
8Safety Code for Elevators and Escalators (ASME A17.1), the
9provisions of the Performance-Based Safety Code for Elevators
10and Escalators (ASME A17.7), the Standard for the Qualification
11of Elevator Inspectors (ASME QEI-1), the Automated People Mover
12Standards (ASCE 21), the Safety Requirements for Personnel
13Hoists and Employee Elevators (ANSI A10.4), and the Safety
14Standard for Platform Lifts and Stairway Chairlifts (ASME
15A18.1). The Board shall adopt or amend and adopt the latest
16editions of the standards referenced in this subsection within
1712 months after the effective date of the standards.
18    The Board shall make determinations authorized by this Act
19regarding variances, interpretations, and the installation of
20new technology. Such determinations shall have a binding
21precedential effect throughout the State regarding equipment,
22structure, or the enforcement of codes unless limited by the
23Board to the fact-specific issues.
24    (b) The Administrator or Local Administrator shall have the
25authority to grant exceptions and variances from the literal
26requirements of applicable State codes, standards, and



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1regulations in cases where such variances would not jeopardize
2the public safety and welfare. The Administrator has the right
3to review and object to any exceptions or variances granted by
4the Local Administrator. The Board shall have the authority to
5hear appeals, for any denial by the Local Administrator or for
6any denial or objection by the Administrator. The Board shall
7hold hearings, and decide upon such within 30 days of the
9    (c) The Board shall establish fee schedules for licenses,
10and registrations issued by the Administrator. The Board shall
11also establish fee schedules for permits and , certificates,
12and inspections for conveyances not under a Local
13Administrator. The fees shall be set at an amount necessary to
14cover the actual costs and expenses to operate the Board and to
15conduct the duties as described in this Act.
16    (d) The Board shall be authorized to recommend the
17amendments of applicable legislation, when appropriate, to
19    (e) The Administrator may solicit the advice and expert
20knowledge of the Board on any matter relating to the
21administration and enforcement of this Act.
22    (f) The Administrator may employ professional, technical,
23investigative, or clerical help, on either a full-time or
24part-time basis, as may be necessary for the enforcement of
25this Act.
26    (g) (Blank).



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1    (h) Notwithstanding anything else in this Section, the
2following upgrade requirements of the 2007 edition of the
3Safety Code for Elevators and Escalators (ASME A17.1) and the
42005 edition of the Safety Code for Existing Elevators (ASME
5A17.3) must be completed by January 1, 2015, but the
6Administrator or Local Administrator may not require their
7completion prior to January 1, 2013:
8        (i) (blank);
9        (ii) car illumination;
10        (iii) emergency operation and signaling devices;
11        (iv) phase reversal and failure protection;
12        (v) reopening device for power operated doors or gates;
13        (vi) stop switch pits; and
14        (vii) pit ladder installation in accordance with
15    Section of ASME A17.1-2007.
16    (h-5) Notwithstanding anything else in this Section, the
17upgrade requirements for the restricted opening of hoistway
18doors or car doors on passenger elevators as provided for in
19the 2007 edition of the Safety Code for Elevators and
20Escalators (ASME A17.1) and the 2005 edition of the Safety Code
21for Existing Elevators (ASME A17.3) must be completed by
22January 1, 2014.
23    (i) In the event that a conveyance regulated by this Act is
24altered, the alteration shall comply with ASME A17.1.
25Notwithstanding anything else in this Section, the
26firefighter's emergency operation, and the hydraulic elevator



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1cylinder, including the associated safety devices outlined in
2Section 4.3.3(b) of ASME A17.3-2005, are not required to be
3upgraded unless: (1) there is an alteration, (2) the equipment
4fails, or (3) failing to replace the equipment jeopardizes the
5public safety and welfare as determined by the Local
6Administrator or the Board.
7    (j) The Administrator may choose to require the inspection
8of any conveyance to be performed by its own inspectors or by
9third-party licensed inspectors employed by the Administrator.
10    (k) The Board shall prescribe an inspection form, which
11shall be the only inspection form used by a licensed inspector
12in the inspection of a conveyance under this Act.
13(Source: P.A. 96-54, eff. 7-23-09; 97-310, eff. 8-11-11;
1497-1048, eff. 8-22-12.)
15    (225 ILCS 312/105)
16    (Section scheduled to be repealed on January 1, 2023)
17    Sec. 105. Enforcement; Investigation.
18    (a) It shall be the duty of the Administrator to develop an
19enforcement program to ensure compliance with rules and
20requirements referenced in this Act. This shall include, but
21shall not be limited to, rules for identification of property
22locations that are subject to the rules and requirements;
23issuing notifications to violating property owners or
24operators, random on-site inspections, and tests on existing
25installations; witnessing periodic inspections and testing in



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1order to ensure satisfactory performance by licensed persons,
2firms, or companies; and assisting in development of public
3awareness programs.
4    (b) Any person may make a request for an investigation into
5an alleged violation of this Act by giving notice to the
6Administrator or Local Administrator of such violation or
7danger. The notice shall be in writing, shall set forth with
8reasonable particularity the grounds for the notice, and shall
9be signed by the person making the request. Upon the request of
10any person signing the notice, the person's name shall not
11appear on any copy of the notice or any record published,
12released, or made available. If the Local Administrator
13determines that there are reasonable grounds to believe that
14such violation or danger exists, the Local Administrator shall
15forward the request for an investigation to the Administrator.
16    (c) If, upon receipt of such notification, the
17Administrator determines that there are reasonable grounds to
18believe that such violation or danger exists, the Administrator
19shall cause to be made or permit the Local Administrator to
20conduct an investigation in accordance with the provisions of
21this Act as soon as practicable to determine if such violation
22or danger exists. If the Administrator determines that there
23are no reasonable grounds to believe that a violation or danger
24exists, he or she shall notify the party in writing of such
26    (d) (Blank).



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1    (e) An injury caused by the malfunction of a conveyance
2shall be reported to the Administrator by the property owner,
3the lessee, or the party otherwise responsible for the premises
4where the conveyance is located and the injury occurred. The
5injury shall be reported within 2 business days of its
6occurrence and may be reported either in writing or
8(Source: P.A. 95-573, eff. 8-31-07; 96-54, eff. 7-23-09.)
9    (225 ILCS 312/120)
10    (Section scheduled to be repealed on January 1, 2023)
11    Sec. 120. Inspection and testing.
12    (a) Except as provided in subsection (c) of Section 95 of
13this Act, it shall be the responsibility of the owner of all
14new and existing conveyances located in any building or
15structure to have the conveyance inspected annually by a
16person, firm, or company to which a license to inspect
17conveyances has been issued. The person, firm, or company
18conducting the inspection shall use the inspection form
19prescribed by the Board pursuant to subsection (k) of Section
2035 of this Act. Subsequent to inspection, the licensed person,
21firm, or company must supply the property owner or lessee and
22the Administrator with a written inspection report describing
23any and all code violations. Property owners shall have 30 days
24from the date of the published inspection report to be in full
25compliance by correcting the violations. The Administrator



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1shall determine, upon receiving a final inspection report from
2the property owner or lessee, whether such violations have been
3corrected and may extend the compliance dates for good cause,
4provided that such violations are minor and pose no threat to
5public safety.
6    (b) It shall be the responsibility of the owner of all
7conveyances to have a licensed elevator contractor, as defined
8in this Act, ensure that the required tests are performed at
9intervals in compliance with the ASME A 17.1, ASME A 18.1 and
10ASCE 21.
11    (c) All tests shall be performed by a licensed elevator
13(Source: P.A. 97-310, eff. 8-11-11.)
14    (225 ILCS 312/140)
15    (Section scheduled to be repealed on January 1, 2023)
16    Sec. 140. Local Administrator; home rule.
17    (a) The Administrator may enter into a local elevator
18agreement with municipalities or counties under which the Local
19Administrator shall (i) issue construction permits and
20certificates of operation, (ii) provide for inspection of
21elevators, including temporary operation inspections, (iii)
22grant exceptions and variances from the literal requirements of
23applicable State codes, standards, and regulations in cases
24where such variances would not jeopardize the public safety and
25welfare, and (iv) enforce the applicable provisions of the Act,



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1and levy fines in accordance with the Municipal Code or
2Counties Code. The Local Administrator may choose to require
3that inspections be performed by its own inspectors or by
4private certified elevator inspectors. The Local Administrator
5may assess a reasonable fee for permits, exceptions, variances,
6certification of operation, or inspections performed by its
7inspectors. Each agreement shall include a provision that the
8Local Administrator shall maintain for inspection by the
9Administrator copies of all applications for permits issued,
10grants or denials of exceptions or variances, copies of each
11inspection report issued, and proper records showing the number
12of certificates of operation issued. Each agreement shall also
13include a provision that each required inspection be conducted
14by a certified elevator inspector and any other provisions
15deemed necessary by the Administrator. Any safety standards or
16regulations adopted by a municipality or county under this
17subsection must be at least as stringent as those provided for
18in this Act and the rules adopted under this Act.
19    (b) A home rule unit may not regulate the inspection or
20licensure of, or otherwise regulate, elevators and devices
21described in Section 10 of this Act in a manner less
22restrictive than the regulation by the State of those matters
23under this Act. This subsection is a limitation under
24subsection (i) of Section 6 of Article VII of the Illinois
25Constitution on the concurrent exercise by home rule units of
26powers and functions exercised by the State.



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1    (c) (Blank).
2    (d) The Administrator shall be notified of any exception or
3variance granted. The Administrator may object to such
4exception or variance within 7 business days of receipt of the
5notice. Should the Administrator and Local Administrator not
6reach agreement on the exception or variance, the matter shall
7be directed to the Board to hear and decide.
8    (e) The Local Administrator shall issue the inspection form
9prescribed by the Board pursuant to subsection (k) of Section
1035 of this Act or an inspection form identical to the form
11prescribed by the Board, which shall be the only inspection
12form used by a person, firm, or company licensed to inspect
13conveyances under this Section. A Local Administrator that
14chooses to require that inspections be performed by its own
15inspectors shall also use the inspection form prescribed by the
16Board or an inspection form that is identical to the form
17prescribed by the Board.
18(Source: P.A. 96-54, eff. 7-23-09.)".