Bill Amendment: IL HB4302 | 2021-2022 | 102nd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: ELEVATOR SAFETY-SUNSET

Status: 2022-02-18 - Rule 19(a) / Re-referred to Rules Committee [HB4302 Detail]

Download: Illinois-2021-HB4302-House_Amendment_002.html

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Rep. Kathleen Willis

Filed: 2/15/2022

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AMENDMENT TO HOUSE BILL 4302
AMENDMENT NO. ______. Amend House Bill 4302 by replacing
everything after the enacting clause with the following:
"Section 5. The Regulatory Sunset Act is amended by
changing Sections 4.33 and 4.38 as follows:
(5 ILCS 80/4.33)
Sec. 4.33. Acts repealed on January 1, 2023. The following
Acts are repealed on January 1, 2023:
The Dietitian Nutritionist Practice Act.
The Elevator Safety and Regulation Act.
The Fire Equipment Distributor and Employee Regulation Act
of 2011.
The Funeral Directors and Embalmers Licensing Code.
The Naprapathic Practice Act.
The Pharmacy Practice Act.
The Professional Counselor and Clinical Professional

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Counselor Licensing and Practice Act.
The Wholesale Drug Distribution Licensing Act.
(Source: P.A. 101-621, eff. 12-20-19.)
(5 ILCS 80/4.38)
Sec. 4.38. Acts repealed on January 1, 2028. The following
Acts are repealed on January 1, 2028:
The Acupuncture Practice Act.
The Clinical Social Work and Social Work Practice Act.
The Elevator Safety and Regulation Act.
The Home Medical Equipment and Services Provider License
Act.
The Illinois Petroleum Education and Marketing Act.
The Illinois Speech-Language Pathology and Audiology
Practice Act.
The Interpreter for the Deaf Licensure Act of 2007.
The Nurse Practice Act.
The Nursing Home Administrators Licensing and Disciplinary
Act.
The Physician Assistant Practice Act of 1987.
The Podiatric Medical Practice Act of 1987.
(Source: P.A. 100-220, eff. 8-18-17; 100-375, eff. 8-25-17;
100-398, eff. 8-25-17; 100-414, eff. 8-25-17; 100-453, eff.
8-25-17; 100-513, eff. 9-20-17; 100-525, eff. 9-22-17;
100-530, eff. 9-22-17; 100-560, eff. 12-8-17.)

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Section 10. The Elevator Safety and Regulation Act is
amended by changing Sections 10, 15, 25, 35, 95, and 140 as
follows:
(225 ILCS 312/10)
(Section scheduled to be repealed on January 1, 2023)
Sec. 10. Applicability.
(a) This Act covers the 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, and ASME
A18.1):
(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

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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 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 within the scope of ANSI A10.5.
(2) Manlifts within the scope of ASME A90.1.
(3) Mobile scaffolds, towers, and platforms within the
scope of ANSI A92.
(4) Powered platforms and equipment for exterior and
interior maintenance within the scope of ANSI 120.1.
(5) Conveyors and related equipment within the scope
of ASME B20.1.
(6) Cranes, derricks, hoists, hooks, jacks, and slings
within the scope of ASME B30.
(7) Industrial trucks within the scope of ASME B56.
(8) Portable equipment, except for portable escalators

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that are covered by ANSI A17.1.
(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) (Blank).
(16) Conveyances located in a private residence not
accessible to the public.
(17) Special purpose personnel elevators within the
scope of ASME A17.1 and used only by authorized personnel.
(18) Personnel hoists within the scope of ANSI A10.4.
(19) Wind turbine tower elevators within the scope of
ASME A17.8.
(d) This Act does not apply to a municipality with a
population over 500,000.
(Source: P.A. 95-573, eff. 8-31-07; 96-54, eff. 7-23-09;
96-342, eff. 8-11-09; 96-1000, eff. 7-2-10.)
(225 ILCS 312/15)

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(Section scheduled to be repealed on January 1, 2023)
Sec. 15. Definitions. For the purpose of this Act:
"Administrator" means the Office of the State Fire
Marshal.
"Alteration" means any change to equipment, including its
parts, components, or subsystems, other than maintenance,
repair, or replacement of the equipment, including its parts,
components, or subsystems.
"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, and CSA B44, the
National Standard of Canada.
"ASME A17.3" means the Safety Code for Existing Elevators
and Escalators, an American National Standard.
"ASME A17.7" means the Performance-Based Safety Code for
Elevators and Escalators, an American National Standard, and
CSA B44.7, the National Standard of Canada.
"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

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the Administrator or the Local Administrator that indicates
that the conveyance: has passed the required safety inspection
and tests; has been registered; and fees have been paid as set
forth in this Act.
"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
Administrator to work on conveyance equipment. It shall
entitle the holder thereof to engage in the business of
constructing, installing, altering, servicing, testing,
repairing, or maintaining and performing electrical work on
elevators or related conveyances covered by this Act within
any building or structure, including, but not limited to,
private residences. The Administrator may issue a limited

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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 a specific type of conveyance within any building
or structure, excluding private residences.
"Elevator helper" means an individual registered with the
Administrator who works under the general direction of a
licensed elevator mechanic. Licensure is not required for an
elevator helper.
"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 and works under the
general direction of a licensed elevator mechanic. Licensure
is not required for an elevator industry apprentice.
"Elevator inspector" means any inspector, as that term is
defined in ASME QEI, 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

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and has been authorized by the Administrator 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 a specific type of
conveyance 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" or "inspection company license"
means a license issued to an ASME QEI certified elevator
inspector or inspection company that has proven the
inspector's or the company's qualifications and ability and
has been authorized by the Administrator 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

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Act. New and renewed licenses issued after January 1, 2010
will include a photo of the licensee.
"Local Administrator" means the municipality or
municipalities or county or counties that entered into a local
elevator agreement with the Administrator to operate its own
elevator safety program in accordance with this Act and the
adopted administrative rules.
"Material alteration" means an "alteration", as defined in
the referenced standards.
"Moving walk" means an installation defined as a "moving
walk" in ASME A17.1.
"Owner" means the owner of the conveyance, which could be
an individual, a group of individuals, an association, trust,
partnership, corporation, or person doing business under an
assumed name. The owner may delegate his, her, or its
authority to manage the day-to-day operations of the
conveyance to another party, but may not delegate his, her, or
its responsibilities and duties under this Act and the
administrative rules.
"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 set forth in the referenced
standards. "Repair" does not require a permit.
"Temporarily dormant" means an elevator, dumbwaiter, or
escalator:

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(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 5-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.
"Temporary certificate of operation" means a temporary
certificate of operation issued by the Administrator or the
Local Administrator 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.
All other building transportation terms are as defined in

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the latest edition of ASME A17.1 and ASME A18.1.
"Temporary limited authority" means an authorization
issued, for a period not to exceed one year, by the
Administrator to an individual that the Administrator deems
qualified to perform work on a specific type of conveyance.
(Source: P.A. 99-22, eff. 1-1-16.)
(225 ILCS 312/25)
(Section scheduled to be repealed on January 1, 2023)
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
17 members. The Administrator shall appoint 3 members who
shall be representatives of fire service communities. The
Governor shall appoint the remaining 14 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 an advocacy group for senior citizens; one
representative nominated by a municipality in this State with
a population under 25,000; one representative nominated by a
municipality in this State with a population of 25,000 or over
but under 50,000; one representative nominated by a

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municipality in this State with a population of 50,000 or over
but under 500,000; one representative of an advocacy group for
condominium owners; one representative of an institution of
higher education that operates an in-house elevator
maintenance program; one representative of a building owner or
manager; and 2 representatives of labor, one from Cook County
and one from a county in the State other than Cook County,
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. The
representative of the advocacy group for senior citizens
shall serve an initial term of 4 years. The representative
of an advocacy group for condominium owners, the
representative of the institution of higher education that
operates an in-house elevator maintenance program, and
both representatives of labor involved in the
installation, maintenance, and repair of elevators shall
serve an initial term of 4 years.
At the expiration of their initial terms of office, the

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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. A member shall serve until his or her successor is
appointed and qualified. 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.
Nine Board members shall constitute a quorum. A quorum is
required for all Board decisions.
(Source: P.A. 95-573, eff. 8-31-07; 96-54, eff. 7-23-09.)
(225 ILCS 312/35)
(Section scheduled to be repealed on January 1, 2023)
Sec. 35. Powers and duties of the Board and Administrator.
(a) The Board shall consult with engineering authorities

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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 provisions of the Performance-Based Safety
Code for Elevators and Escalators (ASME A17.7), 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). The Board shall adopt or
amend and adopt the latest editions of the standards
referenced in this subsection within 12 months after the
effective date of the standards.
The Board shall make determinations authorized by this Act
regarding variances, interpretations, and the installation of
new technology. Such determinations shall have a binding
precedential effect throughout the State regarding equipment,
structure, or the enforcement of codes unless limited by the
Board to the fact-specific issues.
(b) The Administrator or Local Administrator shall have
the authority to grant exceptions and variances from the

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literal requirements of applicable State codes, standards, and
regulations in cases where such variances would not jeopardize
the public safety and welfare. The Administrator has the right
to review and object to any exceptions or variances granted by
the Local Administrator. The Board shall have the authority to
hear appeals, for any denial by the Local Administrator or for
any denial or objection by the Administrator. The Board shall
hold hearings, and decide upon such within 30 days of the
appeal.
(c) The Board shall establish fee schedules for licenses,
and registrations issued by the Administrator. The Board shall
also establish fee schedules for permits and certificates for
conveyances not under a Local Administrator. 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.

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(g) (Blank).
(h) Notwithstanding anything else in this Section, the
following upgrade requirements of the 2007 edition of the
Safety Code for Elevators and Escalators (ASME A17.1) and the
2005 edition of the Safety Code for Existing Elevators (ASME
A17.3) must be completed by January 1, 2015, but the
Administrator or Local Administrator may not require their
completion prior to January 1, 2013:
(i) (blank);
(ii) car illumination;
(iii) emergency operation and signaling devices;
(iv) phase reversal and failure protection;
(v) reopening device for power operated doors or
gates;
(vi) stop switch pits; and
(vii) pit ladder installation in accordance with
Section 2.2.4.2 of ASME A17.1-2007.
(h-5) Notwithstanding anything else in this Section, the
upgrade requirements for the restricted opening of hoistway
doors or car doors on passenger elevators as provided for in
the 2007 edition of the Safety Code for Elevators and
Escalators (ASME A17.1) and the 2005 edition of the Safety
Code for Existing Elevators (ASME A17.3) must be completed by
January 1, 2014.
(i) In the event that a conveyance regulated by this Act is
altered, the alteration shall comply with the edition of ASME

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A17.1 currently adopted by the Board. Notwithstanding anything
else in this Section, the firefighter's emergency operation,
and the hydraulic elevator cylinder or cylinders, including
the associated safety devices outlined in Section 4.3.3(b) of
ASME A17.3-2005, are not required to comply with the edition
of ASME A17.1 currently adopted by the Board be upgraded
unless: (1) there is an alteration of the controller affecting
operation control, motion control, or combination of the 2
types of control, (1.1) the operation control, motion control,
or combination of the 2 types of control are replaced, (1.2)
there is an alteration to the hydraulic cylinder, (2) the
equipment fails, or (3) failing to replace the equipment
jeopardizes the public safety and welfare as determined by the
Local Administrator or the Board.
(j) The Administrator may choose to require the inspection
of any conveyance to be performed by its own inspectors or by
third-party licensed inspectors employed by the Administrator.
(k) The Board shall prescribe an inspection form, which
shall be the only inspection form used by a licensed inspector
in the inspection of a conveyance under this Act.
(Source: P.A. 99-22, eff. 1-1-16.)
(225 ILCS 312/95)
(Section scheduled to be repealed on January 1, 2023)
Sec. 95. New installations; annual inspections and
registrations.

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(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 or Local Administrator, except that the
conveyance may be used by the public for up to 30 days after
the initial passed acceptance inspection while the property
owner or lessee is in the process of obtaining an initial
certificate of operation. A fee as authorized by Section 35 of
this Act or as set by the Local Administrator shall be paid for
the certificate of operation. It shall be the responsibility
of the owner to complete and submit first time registration
for new installations and to pay the fee for registration,
prior to the issuance of the initial certificate of operation.
(b) (Blank).
(c) A certificate of operation is renewable annually,
except that a certificate of operation is renewable every 3
years for a conveyance (i) that is located in a building owned
and occupied by any church, synagogue, or other building,
structure, or place used primarily for religious worship and
is the only conveyance in the building, (ii) that is under the
jurisdiction of the Administrator, (iii) that is limited in
use to 2 levels, and (iv) for which the church, synagogue, or

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other building, structure, or place used primarily for
religious worship has an annual maintenance examination that
includes the applicable category tests. For these occupancies,
on-site witnessing of the category test shall be witnessed
every 3 years. Records of the applicable maintenance checks
and elevator category test results shall be maintained on-site
by the building owner. The certificates of operation or copy
thereof, must be clearly displayed in the conveyance for the
benefit of code enforcement staff.
(Source: P.A. 96-54, eff. 7-23-09; 97-310, eff. 8-11-11.)
(225 ILCS 312/140)
(Section scheduled to be repealed on January 1, 2023)
Sec. 140. Local Administrator; home rule.
(a) The Administrator may enter into a local elevator
agreement with municipalities or counties under which the
Local Administrator shall (i) issue construction permits and
certificates of operation, (ii) provide for inspection of
elevators, including temporary operation inspections, (iii)
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, and (iv) enforce the applicable provisions of the
Act, and levy fines in accordance with the Municipal Code or
Counties Code. The Local Administrator may choose to require
that inspections be performed by its own inspectors or by

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private certified elevator inspectors. The Local Administrator
may assess a reasonable fee for permits, exceptions,
variances, certification of operation, or inspections
performed by its inspectors. Each agreement shall include a
provision that the Local Administrator shall maintain for
inspection by the Administrator copies of all applications for
permits issued, grants or denials of exceptions or variances,
copies of each inspection report issued, and proper records
showing the number of certificates of operation issued. Each
agreement 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).
(d) The Administrator shall be notified of any exception

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or variance granted. The Administrator may object to such
exception or variance within 7 business days of receipt of the
notice. Should the Administrator and Local Administrator not
reach agreement on the exception or variance, the matter shall
be directed to the Board to hear and decide.
(e) The Local Administrator shall issue the inspection
form prescribed by the Board pursuant to subsection (k) of
Section 35 of this Act or an inspection form identical to the
form prescribed by the Board, which shall be the only
inspection form used by a person, firm, or company licensed to
inspect conveyances under this Section. A Local Administrator
that chooses to require that inspections be performed by its
own inspectors shall also use the inspection form prescribed
by the Board or an inspection form that is identical to the
form prescribed by the Board.
(Source: P.A. 99-22, eff. 1-1-16.)
Section 99. Effective date. This Act takes effect upon
becoming law.".