Bill Text: IL SB0149 | 2009-2010 | 96th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Elevator Safety and Regulation Act. Makes a technical change in a Section concerning the short title.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2009-07-23 - Public Act . . . . . . . . . 96-0054 [SB0149 Detail]

Download: Illinois-2009-SB0149-Engrossed.html

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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 Sections 10, 15, 20, 25, 35, 45, 60, 80,
85, 90, 95, 105, 110, 115, 125, and 140 as follows:
(225 ILCS 312/10)
(Section scheduled to be repealed on January 1, 2013)
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

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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 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

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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
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) (Blank).
(18) Personnel hoists within the scope of ANSI A10.4.
(d) This Act does not apply to a municipality with a
population over 500,000.
(Source: P.A. 94-698, eff. 11-22-05; 95-573, eff. 8-31-07.)

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(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.
"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 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 Elevator Safety
Review Board 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

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to carry on a business of erecting, constructing, installing,
altering, servicing, repairing, or maintaining a specific type
of conveyance platform lifts and stairway chairlifts 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 and
has been authorized by the Elevator Safety Review Board to work

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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 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" 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 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

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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. 94-698, eff. 11-22-05; 95-573, eff. 8-31-07.)
(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 17
14 members. The Administrator shall appoint 3 members who shall
be representatives of fire service communities. The Governor
shall appoint the remaining 14 11 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 the
senior citizen population; one representative nominated by of a
municipality in this State with a population under 25,000; one
representative nominated by of a municipality in this State
with a population of 25,000 or over but under 50,000; one

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representative nominated by of a 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 one representative 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
senior citizen population 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.

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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.
A majority of the appointed Board members shall constitute
a quorum. Vacant positions shall not count towards the
requirement for a quorum.
(Source: P.A. 94-698, eff. 11-22-05; 95-573, eff. 8-31-07.)
(225 ILCS 312/35)
(Section scheduled to be repealed on January 1, 2013)
Sec. 35. Powers and duties of the Board and Administrator.

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(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). 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 (a) within 6 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 Board shall

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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 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, certificates, and
inspections 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

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this Act.
(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) restricted opening of hoistway doors or car doors
on passenger elevators;
(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 or design in accordance
with Section 2.2.4.2 of ASME A17.1-2007.
(i) In the event that a conveyance regulated by this Act is
altered, the alteration shall comply with ASME A17.1.
Notwithstanding anything else in this Section, the
firefighter's emergency operation, and the hydraulic elevator
cylinder, including the associated safety devices outlined in
Section 4.3.3(b) of ASME A17.3-2005, are not required to be
upgraded unless: (1) there is an alteration, (2) the equipment
fails, or (3) failing to replace the equipment jeopardizes the

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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.
(Source: P.A. 94-698, eff. 11-22-05; 95-573, eff. 8-31-07.)
(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; limited elevator mechanic's
license.
(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, or service and repair, as
verified by current and previous employers licensed to do
business in this State or in another state if the Board
deems that out-of-State experience equivalent; and (B)
satisfactory completion of a written examination

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administered by the Elevator Safety Review Board or its
designated provider on the adopted rules and referenced
codes;
(2) acceptable proof that he or she has worked as an
elevator constructor, maintenance, or repair person;
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 final rules adopted by
the Board under Section 35 of this Act that implement this
Act; the person must make application by December 31, 2007;
however, all licenses issued under the provisions of this
item (2) between May 1, 2006 and the effective date of this
amendatory Act of the 95th General Assembly are deemed
valid;
(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;
(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

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substantially equal to those of this State.
(d) Whenever an emergency exists in the State due to a
disaster, act of God, 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 60 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

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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. 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.
(f) An applicant for a limited elevator mechanic's license
must demonstrate that he or she meets the qualifications of
subsection (c)(1).
(g) The Administrator may issue temporary limited
authority to an individual that the Administrator deems
qualified to work on a specific type of conveyance. The
applicant shall furnish any proof of competency that the
Administrator may require and must obtain a permanent license
within one year.

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(Source: P.A. 94-698, eff. 11-22-05; 95-573, eff. 8-31-07.)
(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, and receipt of the
fee, 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, which shall include a minimum of 2 hours of code
updates, 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

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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

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constitute grounds for suspension or revocation of the approval
required under this Section.
(Source: P.A. 94-698, eff. 11-22-05.)
(225 ILCS 312/80)
(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 final 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 by the owner at the time they are completed and
placed in service.
(Source: P.A. 94-698, eff. 11-22-05; 95-573, eff. 8-31-07.)
(225 ILCS 312/85)
(Section scheduled to be repealed on January 1, 2013)
Sec. 85. Compliance. It shall be the responsibility of

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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 applicable fire and building codes.
(Source: P.A. 95-573, eff. 8-31-07.)
(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 the Local Administrator a
municipality or other unit of local government before the work
is commenced. The Local Administrator 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 all permits it issues the permit on file for
a period of not less than 2 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, or ASCE 21.
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, except

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that a permit to alter a conveyance may be issued to an entity
exempted from licensure under subsection (a) of Section 40 of
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 thereof, 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

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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 Local
Administrator 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 180 60 days, or shorter period of time as the
Administrator or Local Administrator 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
Local Administrator his or her representative may allow an
extension of this period at his or her discretion.
(e) (Blank).
(f) All conveyance construction or alteration documents
shall be submitted to the Administrator or Local Administrator
for a permit. The documents for a new or altered building must
first have been reviewed and approved by the local governmental
authority as meeting the local building and fire code. In those
jurisdictions where the municipality or county has not signed a
local elevator agreement with the Administrator and the
municipality or county does not have a means by which it

SB0149 Engrossed - 26 - LRB096 06207 ASK 16289 b
approves building documents or issues building permits, the
conveyance construction or alteration documents shall be
submitted to the Administrator along with the owner-supplied
certification from a licensed architect or engineer stating
that the building complies with all applicable codes, including
the Life Safety Code adopted by the Office of the State Fire
Marshal. The Administrator has authority to charge a document
review fee for this service.
(Source: P.A. 94-698, eff. 11-22-05; 95-573, eff. 8-31-07.)
(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 or Local Administrator. 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 licensed elevator contractor to
complete and submit first time registration for new

SB0149 Engrossed - 27 - LRB096 06207 ASK 16289 b
installations.
(b) (Blank).
(c) A certificate of operation is renewable annually. The
certificates Certificates of operation or copy thereof, must be
clearly displayed in the conveyance 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 312/105)
(Section scheduled to be repealed on January 1, 2013)
Sec. 105. Enforcement; Investigation.
(a) It shall be the duty of the Administrator 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, 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 or Local Administrator of such violation or

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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. If the Local Administrator
determines that there are reasonable grounds to believe that
such violation or danger exists, the Local Administrator shall
forward the request for an investigation to the Administrator.
(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 or permit the Local Administrator to
conduct 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; 95-573, eff. 8-31-07.)
(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

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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 may be subject to a fine not to exceed $1,500 per
day for each violation of this Act or rules adopted pursuant to
this Act is guilty of a Class C misdemeanor.
(c) (Blank).
(Source: P.A. 94-698, eff. 11-22-05; 95-573, eff. 8-31-07.)
(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

SB0149 Engrossed - 30 - LRB096 06207 ASK 16289 b
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 312/125)
(Section scheduled to be repealed on January 1, 2013)
Sec. 125. State law, code, or regulation; rule compliance.
Whenever a provision in this Act is found to be inconsistent
with any provision of another applicable State law, code, or
rule, this Act 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.
Any rule adopted under this Act that requires compliance
specifically beginning in 2009 and any rule adopted under this
Act that requires compliance specifically beginning in 2011
shall be deemed to require compliance beginning in 2013 instead
of 2009 or 2011.
(Source: P.A. 95-767, eff. 7-29-08.)
(225 ILCS 312/140)

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(Section scheduled to be repealed on January 1, 2013)
Sec. 140. Local Administrator regulation; home rule.
(a) The Administrator may enter into a local elevator
agreement contracts with municipalities or counties under
which the Local Administrator municipalities or counties 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) (iii)
enforce the applicable provisions of the Act, and levy fines in
accordance with the Municipal Code or Counties Code. The Local
Administrator municipality or county may choose to require that
inspections be performed by its own inspectors or by private
certified elevator inspectors. The Local Administrator
municipality or county may assess a reasonable fee for permits,
exceptions, variances, certification of operation, or
inspections performed by its inspectors. Each agreement
contract shall include a provision that the Local Administrator
municipality or county 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 contract
shall also include a provision that each required inspection be

SB0149 Engrossed - 32 - LRB096 06207 ASK 16289 b
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 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.
(Source: P.A. 94-698, eff. 11-22-05.)
(430 ILCS 80/Act rep.)
Section 15. The Elevator Installation Act is repealed.
Section 99. Effective date. This Act takes effect upon