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1 | | Counselor
Licensing and Practice Act. |
2 | | The Wholesale Drug Distribution Licensing Act. |
3 | | (Source: P.A. 101-621, eff. 12-20-19.)
|
4 | | (5 ILCS 80/4.43 new) |
5 | | Sec. 4.43. Act repealed on January 1, 2033. The following |
6 | | Act is repealed on January 1, 2033: |
7 | | The Elevator Safety and Regulation Act.
|
8 | | Section 10. The Elevator Safety and Regulation Act is |
9 | | amended by changing Sections 10, 15, 25, 35, 95, and 140 as |
10 | | follows:
|
11 | | (225 ILCS 312/10)
|
12 | | (Section scheduled to be repealed on January 1, 2023)
|
13 | | Sec. 10. Applicability.
|
14 | | (a) This Act covers the construction, operation, |
15 | | inspection,
testing,
maintenance, alteration, and repair of |
16 | | the following equipment, its associated
parts, and
its |
17 | | hoistways (except as modified by subsection (c) of this |
18 | | Section):
|
19 | | (1) Hoisting and lowering mechanisms equipped with a |
20 | | car or platform,
which move between 2 or more landings. |
21 | | This equipment includes, but is not
limited
to, the |
22 | | following (also see ASME A17.1, ASME A17.3, and ASME |
23 | | A18.1):
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1 | | (A) Elevators.
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2 | | (B) Platform lifts and stairway chair lifts.
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3 | | (2) Power driven stairways and walkways for carrying |
4 | | persons between
landings. This equipment includes, but is |
5 | | not limited to, the following (also
see ASME A17.1 and |
6 | | ASME A17.3):
|
7 | | (A) Escalators.
|
8 | | (B) Moving walks.
|
9 | | (3) Hoisting and lowering mechanisms equipped with a |
10 | | car, which serves
2 or more landings and is restricted to |
11 | | the carrying of material by its
limited
size or limited |
12 | | access to the car. This equipment includes, but is not |
13 | | limited
to, the
following (also see ASME A17.1 and ASME |
14 | | A17.3):
|
15 | | (A) Dumbwaiters.
|
16 | | (B) Material lifts and dumbwaiters with automatic |
17 | | transfer
devices.
|
18 | | (b) This Act covers the construction, operation, |
19 | | inspection,
maintenance,
alteration, and repair of automatic |
20 | | guided transit vehicles on guideways with
an
exclusive
|
21 | | right-of-way. This equipment includes, but is not limited to, |
22 | | automated people
movers (also see ASCE 21).
|
23 | | (c) This Act does not apply to the following equipment:
|
24 | | (1) Material hoists within the scope of ANSI A10.5.
|
25 | | (2)
Manlifts within the scope of ASME A90.1.
|
26 | | (3) Mobile scaffolds, towers, and platforms within the |
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1 | | scope of ANSI A92.
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2 | | (4) Powered platforms and equipment for exterior and |
3 | | interior
maintenance within the scope of ANSI 120.1.
|
4 | | (5) Conveyors and related equipment within the scope |
5 | | of ASME B20.1.
|
6 | | (6) Cranes, derricks, hoists, hooks, jacks, and slings
|
7 | | within the scope of ASME B30.
|
8 | | (7) Industrial trucks within the scope of ASME B56.
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9 | | (8) Portable equipment, except for portable escalators |
10 | | that are covered by ANSI A17.1.
|
11 | | (9) Tiering or piling machines used to move materials |
12 | | to and from
storage located and operating entirely within |
13 | | one story.
|
14 | | (10) Equipment for feeding or positioning materials at |
15 | | machine tools,
printing presses, etc.
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16 | | (11) Skip or furnace hoists.
|
17 | | (12) Wharf ramps.
|
18 | | (13) Railroad car lifts or dumpers.
|
19 | | (14) Line jacks, false cars, shafters, moving |
20 | | platforms, and similar
equipment used for installing an |
21 | | elevator by a contractor licensed in this
State.
|
22 | | (15) (Blank).
|
23 | | (16) Conveyances located in a private residence not |
24 | | accessible to the public. |
25 | | (17) Special purpose personnel elevators within the |
26 | | scope of ASME A17.1 and used only by authorized personnel. |
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1 | | (18) Personnel hoists within the scope of
ANSI A10.4. |
2 | | (19) Wind turbine tower elevators within the scope of |
3 | | ASME A17.8. |
4 | | (d) This Act does not apply to a municipality with a |
5 | | population over 500,000.
|
6 | | (Source: P.A. 95-573, eff. 8-31-07; 96-54, eff. 7-23-09; |
7 | | 96-342, eff. 8-11-09; 96-1000, eff. 7-2-10 .)
|
8 | | (225 ILCS 312/15)
|
9 | | (Section scheduled to be repealed on January 1, 2023)
|
10 | | Sec. 15. Definitions. For the purpose of this Act:
|
11 | | "Administrator" means the Office of the State Fire |
12 | | Marshal.
|
13 | | "Alteration" means any change to equipment, including its |
14 | | parts, components, or subsystems, other than maintenance, |
15 | | repair, or replacement of the equipment, including its parts, |
16 | | components, or subsystems. |
17 | | "ANSI A10.4" means the safety requirements for personnel |
18 | | hoists, an American
National Standard.
|
19 | | "ASCE 21" means the American Society of Civil Engineers |
20 | | Automated People
Mover Standards.
|
21 | | "ASME A17.1" means the Safety Code for
Elevators and |
22 | | Escalators, an American National Standard, and CSA B44, the |
23 | | National Standard of Canada.
|
24 | | "ASME A17.3" means the Safety Code for
Existing Elevators |
25 | | and Escalators, an American National Standard.
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1 | | "ASME A17.7" means the Performance-Based Safety Code for |
2 | | Elevators and Escalators, an American National Standard, and |
3 | | CSA B44.7, the National Standard of Canada. |
4 | | "ASME A18.1" means the Safety Standard for
Platform Lifts |
5 | | and Stairway Chairlifts, an American National Standard.
|
6 | | "Automated people mover" means an
installation as defined |
7 | | as an "automated people mover" in ASCE 21.
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8 | | "Board" means the Elevator Safety Review Board.
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9 | | "Certificate of operation" means a certificate issued by |
10 | | the Administrator or the Local Administrator
that indicates |
11 | | that the conveyance : has passed the required safety inspection
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12 | | and tests ; has been registered; and fees have been paid as set |
13 | | forth in this Act.
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14 | | "Conveyance" means any elevator, dumbwaiter, escalator, |
15 | | moving sidewalk,
platform lifts, stairway chairlifts and |
16 | | automated people movers.
|
17 | | "Elevator" means an installation defined as an
"elevator" |
18 | | in ASME A17.1.
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19 | | "Elevator contractor" means any person, firm, or |
20 | | corporation who possesses
an elevator contractor's license in |
21 | | accordance with the provisions of Sections
40 and 55 of this |
22 | | Act and who is engaged in the business of erecting,
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23 | | constructing, installing, altering, servicing, repairing, or |
24 | | maintaining
elevators or related conveyance covered by this |
25 | | Act.
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26 | | "Elevator contractor's license" means a license issued to |
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1 | | an elevator
contractor who has proven his or her |
2 | | qualifications and ability and has been
authorized by the |
3 | | Administrator to work on conveyance equipment. It shall |
4 | | entitle the holder thereof to engage in the business of
|
5 | | constructing, installing, altering, servicing, testing, |
6 | | repairing,
or maintaining and performing electrical work on |
7 | | elevators or related conveyances
covered by this Act within |
8 | | any building or structure, including, but not limited to, |
9 | | private residences. The
Administrator may issue a limited |
10 | | elevator contractor's license authorizing a
firm or company |
11 | | that employs individuals to carry on a business of erecting,
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12 | | constructing, installing, altering, servicing, repairing, or |
13 | | maintaining
a specific type of conveyance within any building |
14 | | or structure,
excluding
private residences.
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15 | | "Elevator helper" means an individual registered with the |
16 | | Administrator who works under the general direction of a |
17 | | licensed elevator mechanic.
Licensure is not required for an |
18 | | elevator helper.
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19 | | "Elevator industry apprentice" means an individual who is |
20 | | enrolled in an apprenticeship program approved by the Bureau |
21 | | of Apprenticeship and Training of the U.S. Department of Labor |
22 | | and who is registered by the Administrator and works under the |
23 | | general direction of a licensed elevator mechanic.
Licensure |
24 | | is not required for an elevator industry apprentice.
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25 | | "Elevator inspector" means any
inspector, as that term is |
26 | | defined in ASME QEI, who possesses an elevator inspector's
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1 | | license in accordance with the provisions of this Act.
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2 | | "Elevator mechanic" means any person who possesses an |
3 | | elevator mechanic's
license in accordance with the provisions |
4 | | of Sections 40 and 45 of this Act and
who is engaged in |
5 | | erecting, constructing, installing, altering, servicing,
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6 | | repairing, or maintaining elevators or related conveyance |
7 | | covered by this Act.
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8 | | "Elevator mechanic's license" means a license issued to a |
9 | | person who has
proven his or her qualifications and ability |
10 | | and has been authorized by the Administrator
to work on |
11 | | conveyance equipment. It shall entitle
the holder thereof to |
12 | | install, construct, alter, service, repair, test,
maintain, |
13 | | and perform electrical work on elevators or related conveyance
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14 | | covered by this Act. The Administrator may issue a limited |
15 | | elevator mechanic's license authorizing an individual to carry |
16 | | on a business of erecting, constructing, installing, altering, |
17 | | servicing, repairing, or maintaining a specific type of |
18 | | conveyance within any building or structure.
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19 | | "Escalator" means an installation defined as an |
20 | | "escalator" in ASME A17.1.
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21 | | "Existing installation" means an installation
defined as |
22 | | an "installation, existing" in ASME A17.1.
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23 | | "Inspector's license" or "inspection company license"
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24 | | means a license issued to an ASME QEI certified elevator |
25 | | inspector or inspection company that has proven the |
26 | | inspector's or the company's qualifications and ability and |
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1 | | has been authorized by the Administrator to possess this type |
2 | | of license. It shall entitle the
holder thereof to engage in |
3 | | the business of inspecting elevators or related
conveyance |
4 | | covered by this Act.
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5 | | "License" means a written license, duly issued by the |
6 | | Administrator,
authorizing a person, firm, or company to carry |
7 | | on the business of erecting,
constructing, installing, |
8 | | altering, servicing, repairing, maintaining, or
performing |
9 | | inspections of elevators or related conveyance covered by this |
10 | | Act. New and renewed licenses issued after January 1, 2010
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11 | | will include a photo of the licensee. |
12 | | "Local Administrator" means the municipality or |
13 | | municipalities or
county or counties that entered into a local |
14 | | elevator agreement with the
Administrator to operate its own |
15 | | elevator safety program in
accordance with this Act and the |
16 | | adopted administrative rules.
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17 | | "Material alteration" means an "alteration", as defined in |
18 | | the referenced standards.
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19 | | "Moving walk" means an installation defined as a "moving |
20 | | walk"
in ASME A17.1.
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21 | | "Owner" means the owner of the conveyance, which could be |
22 | | an individual, a group of individuals, an association, trust, |
23 | | partnership, corporation, or person doing business under an |
24 | | assumed name. The owner may delegate his, her, or its |
25 | | authority to manage the day-to-day operations of the |
26 | | conveyance to another party, but may not delegate his, her, or |
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1 | | its responsibilities and duties under this Act and the |
2 | | administrative rules. |
3 | | "Private residence" means a separate dwelling or a |
4 | | separate apartment or condominium unit in
a multiple-family
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5 | | dwelling that is occupied by members of a single-family unit.
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6 | | "Repair" has the meaning set forth in the referenced |
7 | | standards. "Repair" does not require a
permit.
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8 | | "Temporarily dormant" means an elevator, dumbwaiter, or |
9 | | escalator:
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10 | | (1) with a power supply that has been disconnected by |
11 | | removing fuses and
placing a padlock on the mainline |
12 | | disconnect switch in the "off" position;
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13 | | (2) with a car that is parked and hoistway doors that |
14 | | are in the closed
and latched position;
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15 | | (3) with a wire seal on the mainline disconnect switch |
16 | | installed by a
licensed elevator inspector;
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17 | | (4) that shall not be used again until it has been put |
18 | | in safe running
order and is in condition for use;
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19 | | (5) requiring annual inspections for the duration of |
20 | | the temporarily
dormant status by a licensed elevator |
21 | | inspector;
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22 | | (6) that has a "temporarily dormant" status that is |
23 | | renewable on an
annual basis, not to exceed a 5-year |
24 | | period;
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25 | | (7) requiring the inspector to file a report with the |
26 | | Administrator describing the current conditions; and
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1 | | (8) with a wire seal and padlock that shall not be |
2 | | removed for any
purpose without permission from the |
3 | | elevator inspector.
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4 | | "Temporary certificate of operation" means a temporary |
5 | | certificate of operation issued by the Administrator or the
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6 | | Local Administrator that permits the temporary use
of a |
7 | | non-compliant conveyance by the general public for a limited |
8 | | time of 30
days while minor repairs are being completed.
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9 | | All other building transportation terms are as defined in |
10 | | the latest edition of ASME A17.1 and ASME A18.1.
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11 | | "Temporary limited authority" means an authorization |
12 | | issued, for a period
not to exceed one year, by the |
13 | | Administrator to an individual
that the Administrator deems |
14 | | qualified to perform work on a
specific type of conveyance. |
15 | | (Source: P.A. 99-22, eff. 1-1-16 .)
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16 | | (225 ILCS 312/25)
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17 | | (Section scheduled to be repealed on January 1, 2023)
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18 | | Sec. 25. Elevator Safety Review Board.
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19 | | (a) There is hereby created within the Office of the State |
20 | | Fire Marshal
the Elevator Safety Review Board, consisting of |
21 | | 17 members. The Administrator
shall appoint 3 members who |
22 | | shall be representatives
of fire
service communities. The |
23 | | Governor shall appoint the remaining 14 members of
the Board |
24 | | as follows: one representative from a major elevator |
25 | | manufacturing
company or its authorized representative; one |
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1 | | representative from an elevator
servicing company; one |
2 | | representative of the architectural design
profession; one |
3 | | representative of the general public; one representative of an |
4 | | advocacy group for people with physical disabilities; one |
5 | | representative of an advocacy group for senior citizens; one |
6 | | representative nominated by
a municipality in this State with |
7 | | a population under 25,000; one
representative nominated by a |
8 | | municipality in this State with a population of 25,000 or
over |
9 | | but under 50,000; one representative nominated by a |
10 | | municipality in this State with
a population of 50,000 or over |
11 | | but under 500,000; one
representative of an advocacy group for |
12 | | condominium owners;
one representative of an institution of |
13 | | higher education that
operates an in-house elevator |
14 | | maintenance program; one representative of a
building owner or |
15 | | manager; and 2 representatives of labor, one from Cook County |
16 | | and one from a county in the State other than Cook County, |
17 | | involved in the
installation, maintenance, and repair of |
18 | | elevators.
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19 | | (b) The members constituting the Board shall be appointed |
20 | | for initial terms
as follows:
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21 | | (1) Of the members appointed by the Administrator, 2 |
22 | | shall serve
for a term of 2 years, and one for a term of 4 |
23 | | years.
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24 | | (2) Of the members appointed by the Governor, 2 shall |
25 | | serve for a term
of one year, 2 for terms of 2 years, 2 for |
26 | | terms of 3 years, and 4 for terms of
4 years. The |
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1 | | representative of the advocacy group for senior
citizens |
2 | | shall serve an initial term of 4 years. The representative |
3 | | of an advocacy
group for condominium owners, the |
4 | | representative of
the institution of higher education that |
5 | | operates an in-house
elevator maintenance program, and |
6 | | both representatives of labor involved in the |
7 | | installation, maintenance, and repair of elevators shall |
8 | | serve an initial
term of 4 years.
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9 | | At the expiration of their initial terms of office, the |
10 | | members or their
successors shall be appointed for terms of 4 |
11 | | years each. Upon the expiration
of a member's term of office, |
12 | | the officer who appointed
that member shall reappoint that |
13 | | member or appoint a successor who is a
representative of the |
14 | | same interests with which his or her predecessor was
|
15 | | identified. A member shall serve until his or her successor is |
16 | | appointed and qualified. The Administrator and the Governor |
17 | | may at any time remove any
of their respective appointees for |
18 | | inefficiency or neglect of duty in office.
Upon the death or |
19 | | incapacity of a member, the officer who appointed that member
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20 | | shall fill the vacancy for the remainder of the vacated term by |
21 | | appointing a
member who is a representative of the same |
22 | | interests with which his or her
predecessor was identified. |
23 | | The members shall serve without salary, but shall
receive from |
24 | | the State expenses necessarily incurred by them in performance
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25 | | of their duties. The Governor shall appoint one of the members |
26 | | to serve as
chairperson. The chairperson shall be the deciding |
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1 | | vote in the event of a tie
vote.
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2 | | Nine Board members shall constitute a quorum. A quorum is |
3 | | required for all Board decisions. |
4 | | (Source: P.A. 95-573, eff. 8-31-07; 96-54, eff. 7-23-09 .)
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5 | | (225 ILCS 312/35)
|
6 | | (Section scheduled to be repealed on January 1, 2023)
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7 | | Sec. 35. Powers and duties of the Board and Administrator.
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8 | | (a) The Board shall consult with engineering authorities |
9 | | and organizations
and
adopt rules consistent with the |
10 | | provisions of this Act for the
administration and
enforcement |
11 | | of this Act. The Board may prescribe forms to be issued in
|
12 | | connection with
the administration and enforcement of this |
13 | | Act. The rules shall establish
standards and
criteria |
14 | | consistent with this Act for licensing of elevator mechanics,
|
15 | | inspectors, and installers of
elevators,
including the |
16 | | provisions of the Safety Code for Elevators and Escalators |
17 | | (ASME
A17.1),
the provisions of the Performance-Based Safety |
18 | | Code for Elevators and Escalators (ASME A17.7), the Standard |
19 | | for the
Qualification
of Elevator Inspectors (ASME QEI-1), the |
20 | | Automated People Mover Standards
(ASCE 21), the Safety |
21 | | Requirements for Personnel Hoists and Employee Elevators
(ANSI |
22 | | A10.4), and the Safety Standard for Platform Lifts and |
23 | | Stairway Chairlifts (ASME A18.1). The Board shall adopt or |
24 | | amend and adopt the latest editions of the standards |
25 | | referenced in this subsection within 12 months after the |
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1 | | effective date of the
standards.
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2 | | The Board shall make determinations authorized by this Act |
3 | | regarding variances, interpretations, and the installation of |
4 | | new technology. Such determinations shall have a binding |
5 | | precedential effect throughout the State regarding equipment, |
6 | | structure, or the enforcement of codes unless limited by the |
7 | | Board to the fact-specific issues. |
8 | | (b) The Administrator or Local Administrator shall have |
9 | | the authority to grant exceptions and
variances from
the |
10 | | literal requirements of
applicable State codes, standards, and |
11 | | regulations in cases where such
variances
would not
jeopardize |
12 | | the public
safety and
welfare. The Administrator has the right
|
13 | | to review and object to any exceptions or variances granted by
|
14 | | the Local Administrator. The Board shall have the authority to |
15 | | hear appeals, for any denial by the Local Administrator or
for |
16 | | any denial or objection by the Administrator. The Board
shall |
17 | | hold hearings, and
decide
upon such within 30 days of the |
18 | | appeal.
|
19 | | (c) The Board shall establish fee schedules for licenses, |
20 | | and registrations issued by the Administrator. The Board
shall |
21 | | also establish fee schedules for permits and
certificates for |
22 | | conveyances not under a Local
Administrator. The fees shall be |
23 | | set at an amount necessary to cover the actual
costs and |
24 | | expenses to operate
the Board
and to conduct the duties as |
25 | | described in this Act.
|
26 | | (d) The Board shall be authorized to recommend the |
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1 | | amendments of applicable
legislation, when appropriate, to |
2 | | legislators.
|
3 | | (e) The Administrator may solicit the advice and expert |
4 | | knowledge of
the
Board on any matter relating to the |
5 | | administration and enforcement of this Act.
|
6 | | (f) The Administrator may employ professional, technical,
|
7 | | investigative, or
clerical help, on either a full-time or |
8 | | part-time basis, as may be necessary
for the
enforcement of |
9 | | this Act.
|
10 | | (g) (Blank).
|
11 | | (h) Notwithstanding anything else in this Section, the |
12 | | following upgrade requirements of the 2007 edition of the |
13 | | Safety Code for Elevators and Escalators (ASME A17.1) and the |
14 | | 2005 edition of the Safety Code for Existing Elevators (ASME |
15 | | A17.3) must be completed by January 1, 2015, but the |
16 | | Administrator or Local Administrator may not require their |
17 | | completion prior to January 1, 2013: |
18 | | (i) (blank); |
19 | | (ii) car illumination; |
20 | | (iii) emergency operation and signaling devices; |
21 | | (iv) phase reversal and failure protection; |
22 | | (v) reopening device for power operated doors or |
23 | | gates; |
24 | | (vi) stop switch pits; and |
25 | | (vii) pit ladder installation in accordance with |
26 | | Section 2.2.4.2 of ASME A17.1-2007. |
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1 | | (h-5) Notwithstanding anything else in this Section, the |
2 | | upgrade requirements for the restricted opening of hoistway |
3 | | doors or car doors on passenger elevators as provided for in |
4 | | the 2007 edition of the Safety Code for Elevators and |
5 | | Escalators (ASME A17.1) and the 2005 edition of the Safety |
6 | | Code for Existing Elevators (ASME A17.3) must be completed by |
7 | | January 1, 2014. |
8 | | (i) In the event that a conveyance regulated by this Act is |
9 | | altered, the alteration shall comply with the edition of ASME |
10 | | A17.1 currently adopted by the Board . Notwithstanding anything |
11 | | else in this Section, the firefighter's emergency operation, |
12 | | and the hydraulic elevator cylinder or cylinders , including |
13 | | the associated safety devices outlined in Section 4.3.3(b) of |
14 | | ASME A17.3-2005, are not required to comply with the edition |
15 | | of ASME A17.1 currently adopted by the Board be upgraded |
16 | | unless: (1) there is an alteration of the controller affecting |
17 | | operation control, motion control, or combination of the 2 |
18 | | types of control, (1.1) the operation control, motion control, |
19 | | or combination of the 2 types of control are replaced, (1.2) |
20 | | there is an alteration to the hydraulic cylinder , (2) the
|
21 | | equipment fails, or (3) failing to replace the equipment |
22 | | jeopardizes the public safety and welfare as determined by the |
23 | | Local Administrator or the Board. |
24 | | (j) The Administrator may choose to require the inspection
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25 | | of any conveyance to be performed by its own inspectors or by
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26 | | third-party licensed inspectors employed by the Administrator. |
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1 | | (k) The Board shall prescribe an inspection form, which |
2 | | shall be the only inspection form used by a licensed inspector |
3 | | in the inspection of a conveyance under this Act. |
4 | | (Source: P.A. 99-22, eff. 1-1-16 .)
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5 | | (225 ILCS 312/95)
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6 | | (Section scheduled to be repealed on January 1, 2023)
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7 | | Sec. 95. New installations; annual inspections and |
8 | | registrations.
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9 | | (a) All new conveyance installations regulated by this Act
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10 | | shall be performed by a person, firm, or
company to which a |
11 | | license to install or service conveyances has been issued.
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12 | | Subsequent
to installation, the licensed person, firm, or |
13 | | company must certify compliance
with the
applicable Sections |
14 | | of this Act. Prior to any conveyance being used, the
property |
15 | | owner or
lessee must obtain a certificate of operation from |
16 | | the Administrator or Local Administrator , except that the |
17 | | conveyance may be used by the public for up to 30 days after |
18 | | the initial passed acceptance inspection while the property |
19 | | owner or lessee is in the process of obtaining an initial |
20 | | certificate of operation . A
fee as authorized by Section 35 of |
21 | | this Act or as set by the Local Administrator shall be paid for |
22 | | the certificate of operation. It shall be
the responsibility
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23 | | of the owner to complete and submit first time
registration |
24 | | for new
installations and to pay the fee for registration, |
25 | | prior to the issuance of the initial certificate of operation .
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1 | | (b) (Blank).
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2 | | (c) A certificate of operation is renewable annually, |
3 | | except that a certificate of operation is renewable every 3 |
4 | | years for a conveyance (i) that is located in a building owned |
5 | | and occupied by any church, synagogue, or other building, |
6 | | structure, or place used primarily for religious worship and |
7 | | is the only conveyance in the building, (ii) that is under the |
8 | | jurisdiction of the Administrator, (iii) that is limited in |
9 | | use to 2 levels, and (iv) for which the church, synagogue, or |
10 | | other building, structure, or place used primarily for |
11 | | religious worship has an annual maintenance examination that |
12 | | includes the applicable category tests. For these occupancies, |
13 | | on-site witnessing of the category test shall be witnessed |
14 | | every 3 years. Records of the applicable maintenance checks |
15 | | and elevator category test results shall be maintained on-site |
16 | | by the building owner. The certificates
of operation
or copy |
17 | | thereof, must be clearly displayed in the conveyance for
the |
18 | | benefit of code enforcement staff.
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19 | | (Source: P.A. 96-54, eff. 7-23-09; 97-310, eff. 8-11-11 .)
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20 | | (225 ILCS 312/140)
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21 | | (Section scheduled to be repealed on January 1, 2023)
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22 | | Sec. 140. Local Administrator; home rule.
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23 | | (a) The Administrator may enter into a local elevator |
24 | | agreement with municipalities or counties under which the |
25 | | Local Administrator shall (i) issue construction permits and |
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1 | | certificates of operation, (ii) provide for inspection of |
2 | | elevators , including temporary operation inspections, (iii) |
3 | | grant
exceptions and variances from the literal requirements |
4 | | of
applicable State codes, standards, and regulations in cases
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5 | | where such variances would not jeopardize the public safety
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6 | | and welfare, and (iv) enforce the applicable provisions of the |
7 | | Act, and levy fines in accordance with the Municipal Code or |
8 | | Counties Code. The Local Administrator may choose to require |
9 | | that inspections be performed by its own inspectors or by |
10 | | private certified elevator inspectors. The Local Administrator |
11 | | may assess a reasonable fee for permits, exceptions, |
12 | | variances,
certification of operation, or inspections |
13 | | performed by its inspectors. Each agreement shall include a |
14 | | provision that the Local Administrator shall maintain for |
15 | | inspection by the Administrator copies of all applications for |
16 | | permits issued, grants or denials of
exceptions or variances, |
17 | | copies of each inspection report issued, and proper records |
18 | | showing the number of certificates of operation issued. Each |
19 | | agreement shall also include a provision that each required |
20 | | inspection be conducted by a certified elevator inspector and |
21 | | any other provisions deemed necessary by the Administrator.
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22 | | Any safety standards or regulations adopted by a municipality |
23 | | or county under this
subsection must be at least as stringent |
24 | | as those provided for in this Act and
the rules adopted under |
25 | | this Act.
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26 | | (b) A
home rule unit may not
regulate the inspection or |
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1 | | licensure of, or
otherwise regulate, elevators and devices |
2 | | described in Section 10 of this Act
in a manner less |
3 | | restrictive than the regulation by the State of those matters
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4 | | under this Act.
This subsection is a limitation under |
5 | | subsection (i) of Section 6 of Article
VII of the Illinois |
6 | | Constitution on the concurrent exercise by home rule units
of |
7 | | powers and functions exercised by the State.
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8 | | (c) (Blank).
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9 | | (d) The Administrator shall be notified of any
exception |
10 | | or variance granted. The Administrator may object
to such |
11 | | exception or variance within 7 business days of
receipt of the |
12 | | notice. Should the Administrator and Local
Administrator not |
13 | | reach agreement on the exception or
variance, the matter shall |
14 | | be directed to the Board to hear
and decide. |
15 | | (e) The Local Administrator shall issue the inspection |
16 | | form prescribed by the Board pursuant to subsection (k) of |
17 | | Section 35 of this Act or an inspection form identical to the |
18 | | form prescribed by the Board, which shall be the only |
19 | | inspection form used by a person, firm, or company licensed to |
20 | | inspect conveyances under this Section. A Local Administrator |
21 | | that chooses to require that inspections be performed by its |
22 | | own inspectors shall also use the inspection form prescribed |
23 | | by the Board or an inspection form that is identical to the |
24 | | form prescribed by the Board. |
25 | | (Source: P.A. 99-22, eff. 1-1-16 .)
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