Bill Text: IL HB5362 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Elevator Safety and Regulation Act. Defines "temporary certificate of operation" as a temporary certificate of operation issued by the Administrator or the Local Administrator that permits the temporary use of a conveyance by the general public for a limited time of 30 days while minor repairs or upgrades are being completed if it is determined by the Administrator or the Local Administrator that the conveyance's use will not jeopardize the safety and health of those using or working on the conveyance. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB5362 Detail]

Download: Illinois-2023-HB5362-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5362 Introduced , by Rep. Mary Beth Canty SYNOPSIS AS INTRODUCED:
225 ILCS 312/15
Amends the Elevator Safety and Regulation Act. Defines "temporary certificate of operation" as a temporary certificate of operation issued by the Administrator or the Local Administrator that permits the temporary use of a conveyance by the general public for a limited time of 30 days while minor repairs or upgrades are being completed if it is determined by the Administrator or the Local Administrator that the conveyance's use will not jeopardize the safety and health of those using or working on the conveyance. Effective immediately.
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A BILL FOR
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Elevator Safety and Regulation Act is
amended by changing Section 15 as follows:
(225 ILCS 312/15)
(Section scheduled to be repealed on January 1, 2028)
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.

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"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
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

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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
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

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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 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

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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
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

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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:
(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

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(8) with a wire seal and padlock that shall not be
removed for any purpose without permission from the
elevator inspector.
All other building transportation terms are as defined in
the latest edition of ASME A17.1 and ASME A18.1.
"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
conveyance by the general public for a limited time of 30 days
while minor repairs or upgrades are being completed if it is
determined by the Administrator or the Local Administrator
that the conveyance's use will not jeopardize the safety and
health of those using or working on the conveyance.
"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. 102-715, eff. 4-29-22.)