2005 Illinois Code - Chapter 225 Professions And Occupations 225 ILCS 312/ Elevator Safety and Regulation Act.
(225 ILCS 312/1) (Section scheduled to be repealed on January 1, 2013) Sec. 1. Short title. This Act may be cited as the Elevator Safety and Regulation Act. (Source: P.A. 92‑873, eff. 6‑1‑03.)
(225 ILCS 312/5) (Section scheduled to be repealed on January 1, 2013) Sec. 5.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. 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. (Source: P.A. 94‑698, eff. 11‑22‑05.)
(225 ILCS 312/10) (Section scheduled to be repealed on January 1, 2013) Sec. 10.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. (16) Conveyances located in a private residence not
accessible to the public.
(17) Special purpose personnel elevators. (d) This Act does not apply to a municipality with a
population over 500,000.
(Source: P.A. 94‑698, eff. 11‑22‑05.)
(225 ILCS 312/15) (Section scheduled to be repealed on January 1, 2013) Sec. 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,
excluding
private residences. "Elevator helper" means an individual registered with the Administrator as an elevator helper. Elevator helpers must work under the direct supervision of a licensed elevator mechanic.
"Elevator industry apprentice" means an individual who is enrolled in an apprenticeship program approved by the Bureau of Apprenticeship and Training of the U.S. Department of Labor and who is registered by the Administrator to perform work within the elevator industry under the direct supervision of a licensed elevator mechanic.
"Elevator inspector" means any person who possesses an elevator inspector's
license in accordance with the provisions 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. The Administrator may issue a limited elevator mechanic's license authorizing an individual to carry on a business of erecting, constructing, installing, altering, servicing, repairing, or maintaining platform lifts and stairway chairlifts within any building or structure.
"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 defined as a "moving walk"
in ASME A17.1. "Private residence" means a separate dwelling or a separate apartment or condominium unit in
a multiple‑family
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. "Special purpose personnel elevator" means an elevator that is limited in size, capacity, and speed and that is permanently installed in certain structures, including, but not limited to, grain elevators, radio antenna, bridge towers, underground facilities, dams, and power plants, to provide vertical transportation of authorized personnel and their tools and equipment only.
"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 Administrator 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.
(Source: P.A. 94‑698, eff. 11‑22‑05.)
(225 ILCS 312/20) (Section scheduled to be repealed on January 1, 2013) Sec. 20. License or registration required. (a) After July 1, 2003 through the effective date of this amendatory Act of the 94th General Assembly and after July 1, 2006, 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 through the effective date of this amendatory Act of the 94th General Assembly and after July 1, 2006, 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. (c) After January 1, 2006, a person who is not licensed under subsection (a) may not work in the jurisdiction of this State as an elevator industry apprentice or helper unless he or she is registered as an elevator industry apprentice or helper by the Administrator and works under the direct supervision of an individual licensed under this Act as an elevator mechanic. The Administrator shall set elevator industry apprenticeship and helper qualifications and registration procedure by rule.
(Source: P.A. 94‑698, eff. 11‑22‑05.)
(225 ILCS 312/25) (Section scheduled to be repealed on January 1, 2013) Sec. 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 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 an advocacy group for people with physical disabilities; 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. (Source: P.A. 94‑698, eff. 11‑22‑05.)
(225 ILCS 312/30) (Section scheduled to be repealed on January 1, 2013) Sec. 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. (Source: P.A. 92‑873, eff. 6‑1‑03.)
(225 ILCS 312/35) (Section scheduled to be repealed on January 1, 2013) Sec. 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 A17.3), the Standard for the
Qualification
of Elevator Inspectors (ASME QEI‑1), the Automated People Mover Standards
(ASCE 21), the Safety Requirements for Personnel Hoists and Employee Elevators
(ANSI A10.4), and the Safety Standard for Platform Lifts and Stairway Chairlifts (ASME A18.1). (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) (Blank). (Source: P.A. 94‑698, eff. 11‑22‑05.)
(225 ILCS 312/40) (Section scheduled to be repealed on January 1, 2013) Sec. 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
(225 ILCS 312/45) (Section scheduled to be repealed on January 1, 2013) Sec. 45. Qualifications for elevator mechanic's license; emergency and temporary licensure. (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. (c) 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 or its designated provider on the adopted rules, referenced codes, and standards for the equipment the licensee is authorized to install;
(2) acceptable proof that he or she has worked as an
elevator constructor, maintenance, or repair person for the equipment the licensee is authorized to install; 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 preceding the effective date of the initial rules adopted by the Board under Section 35 of this Act that implement this Act; the person must make application by May 1, 2006;
(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 based on the codes applicable to the type of license (elevator mechanic's license or limited elevator mechanic's license) for which the individual is applying;
(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.
(d) 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 ensure 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 an 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 may be charged for any emergency elevator
mechanic's license or renewal thereof. (e) 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. The applicant for temporary licensure shall furnish proof of competency as the Administrator may require and for such particular elevators or geographical areas as the Administrator may designate.
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 continues.
(Source: P.A. 94‑698, eff. 11‑22‑05.)
(225 ILCS 312/50) (Section scheduled to be repealed on January 1, 2013) Sec. 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) (Blank). (Source: P.A. 94‑698, eff. 11‑22‑05.)
(225 ILCS 312/55) (Section scheduled to be repealed on January 1, 2013) Sec. 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 such documentation as the Board may require by rule;
(1.5) satisfactory completion of a written
examination administered by the Elevator Safety Review Board or its designated provider 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.
(225 ILCS 312/60) (Section scheduled to be repealed on January 1, 2013) Sec. 60. Issuance and renewal of licenses; fees. (a) Upon approval of an application, the Administrator may
issue a license that must be renewed every 2 years. The renewal fee for the
license shall be
set by the Board. (b) (Blank). (c) (Blank). (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. (Source: P.A. 94‑698, eff. 11‑22‑05.)
(225 ILCS 312/65) (Section scheduled to be repealed on January 1, 2013) Sec. 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.
(Source: P.A. 92‑873, eff. 6‑1‑03.)
(225 ILCS 312/67) (Section scheduled to be repealed on January 1, 2013) Sec. 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. (Source: P.A. 92‑873, eff. 6‑1‑03.)
(225 ILCS 312/70) (Section scheduled to be repealed on January 1, 2013) Sec. 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. (Source: P.A. 92‑873, eff. 6‑1‑03.)
(225 ILCS 312/75) (Section scheduled to be repealed on January 1, 2013) Sec. 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. (Source: P.A. 92‑873, eff. 6‑1‑03.)
(225 ILCS 312/80) (Section scheduled to be repealed on January 1, 2013) Sec. 80. Registration of existing elevators, platform lifts, dumbwaiters,
escalators, moving walks, and any other conveyance. Within 6 months after the
date of
the adoption of the initial rules that implement this Act, 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. (Source: P.A. 94‑698, eff. 11‑22‑05.)
(225 ILCS 312/85) (Section scheduled to be repealed on January 1, 2013) Sec. 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. (Source: P.A. 92‑873, eff. 6‑1‑03.)
(225 ILCS 312/90) (Section scheduled to be repealed on January 1, 2013) Sec. 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.
(225 ILCS 312/95) (Section scheduled to be repealed on January 1, 2013) Sec. 95. New installations; annual inspections and registrations. (a) All new conveyance installations regulated by this Act
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. A
fee as authorized by Section 35 of 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. (b) (Blank). (c) A certificate of operation is renewable annually. 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. (Source: P.A. 94‑698, eff. 11‑22‑05.)
(225 ILCS 312/100) (Section scheduled to be repealed on January 1, 2013) Sec. 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. (Source: P.A. 92‑873, eff. 6‑1‑03.)
(225 ILCS 312/105) (Section scheduled to be repealed on January 1, 2013) Sec. 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, policies for administrative penalties, 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) (Blank). (Source: P.A. 94‑698, eff. 11‑22‑05.)
(225 ILCS 312/110) (Section scheduled to be repealed on January 1, 2013) Sec. 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 per violation, per day. (c) Compliance with this Act is not a defense to a legal proceeding. (Source: P.A. 94‑698, eff. 11‑22‑05.)
(225 ILCS 312/115) (Section scheduled to be repealed on January 1, 2013) Sec. 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. (Source: P.A. 92‑873, eff. 6‑1‑03.)
(225 ILCS 312/120) (Section scheduled to be repealed on January 1, 2013) Sec. 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, at intervals determined by the Board,
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. The Administrator shall determine whether such violations have been corrected.
(b) (Blank). (c) All tests shall be performed by a licensed elevator mechanic or licensed limited elevator mechanic who is licensed to perform work on that particular type of conveyance. (Source: P.A. 94‑698, eff. 11‑22‑05.)
(225 ILCS 312/125) (Section scheduled to be repealed on January 1, 2013) Sec. 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. (Source: P.A. 92‑873, eff. 6‑1‑03.)
(225 ILCS 312/130) (Section scheduled to be repealed on January 1, 2013) Sec. 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. (Source: P.A. 92‑873, eff. 6‑1‑03.)
(225 ILCS 312/135) (Section scheduled to be repealed on January 1, 2013) Sec. 135. Elevators in private residences.
The Administrator may provide to the owner of a private residence
information regarding conveyance
safety requirements. (Source: P.A. 94‑698, eff. 11‑22‑05.)
(225 ILCS 312/140) (Section scheduled to be repealed on January 1, 2013) Sec. 140. Local regulation; home rule. (a) The Administrator may enter into contracts with municipalities or counties under which the municipalities or counties shall (i) issue construction permits and certificates of operation, (ii) provide for inspection of elevators, including temporary operation inspections, and (iii) enforce the applicable provisions of the Act. The municipality or county may choose to require inspections be performed by its own inspectors or by private certified elevator inspectors. The municipality or county may assess a reasonable fee for inspections performed by its inspectors. Each contract shall include a provision that the municipality or county shall maintain for inspection by the Administrator copies of all applications for permits issued, copies of each inspection report issued, and proper records showing the number of certificates of operation issued. Each contract shall also include a provision that each required inspection be conducted by a certified elevator inspector and any other provisions deemed necessary by the Administrator.
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. (b) 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) (Blank). (Source: P.A. 94‑698, eff. 11‑22‑05.)
(225 ILCS 312/900) Sec. 900. (Amendatory provisions; text omitted). (Source: P.A. 92‑873, eff. 6‑1‑03.)
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