Statutes > Illinois Statutes > CHAPTER 225 PROFESSIONS AND OCCUPATIONS > 225 ILCS 312/ Elevator Safety and Regulation Act.

225 ILCS 312/ Elevator Safety and Regulation Act.

    (225 ILCS 312/1)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 1. Short title. This Act may be cited as the Elevator Safety and Regulation Act.
(Source: P.A. 92‑873, eff. 6‑1‑03.)

    (225 ILCS 312/5)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 5. Purpose. The purpose of this Act is to provide for the public safety of life and limb and to promote public safety awareness. The use of unsafe and defective lifting devices imposes a substantial probability of serious and preventable injury to employees and the public exposed to unsafe conditions. The prevention of these injuries and protection of employees and the public from unsafe conditions is in the best interest of the people of this State. Elevator personnel performing work covered by this Act shall, by documented training or experience or both, be familiar with the operation and safety functions of the components and equipment. Training and experience shall include, but not be limited to, recognizing the safety hazards and performing the procedures to which they are assigned in conformance with the requirements of the Act. This Act shall establish the minimum standards for elevator personnel.
    The provisions of this Act are not intended to prevent the use of systems, methods, or devices of equivalent or superior quality, strength, fire resistance, code effectiveness, durability, and safety to those required by the Act, provided that there is technical documentation to demonstrate the equivalency of the system, method, or device, as prescribed in ASME A17.1, ASME A18.1, or ASCE 21.
(Source: P.A. 94‑698, eff. 11‑22‑05.)

    (225 ILCS 312/10)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 10. Applicability.
    (a) This Act covers the 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
    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 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.
    (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)
    (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 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 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 and has been authorized by the Elevator Safety Review Board to work on conveyance equipment. It shall entitle the holder thereof to install, construct, alter, service, repair, test, maintain, and perform electrical work on elevators or related conveyance covered by this Act. The Administrator may issue a limited elevator mechanic's license authorizing an individual to carry on a business of erecting, constructing, installing, altering, servicing, repairing, or maintaining 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 Elevator Safety Review Board to possess this type of license. It shall entitle the holder thereof to engage in the business of inspecting elevators or related conveyance covered by this Act.
    "License" means a written license, duly issued by the Administrator, authorizing a person, firm, or company to carry on the business of erecting, constructing, installing, altering, servicing, repairing, maintaining, or performing inspections of elevators or related conveyance covered by this Act. 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:
        (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 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. 95‑573, eff. 8‑31‑07; 96‑54, eff. 7‑23‑09.)

    (225 ILCS 312/20)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 20. License or registration required.
    (a) After July 1, 2003 through the effective date of this amendatory Act of the 94th General Assembly and after July 1, 2006, no person shall erect, construct, wire, alter, replace, maintain, remove, or dismantle any conveyance contained within buildings or structures in the jurisdiction of this State unless he or she possesses an elevator mechanic's license under this Act and unless he or she works under the direct supervision of a person, firm, or company having an elevator contractor's license in accordance with Section 40 of this Act. A licensed or limited licensed elevator mechanic employed by an entity exempted from contractor licensure under subsection (a) of Section 40 of this Act is exempt, with respect to work performed for that employer, from the requirement that he or she work under the direct supervision of an elevator contractor licensee. A licensed elevator contractor is not required for removal or dismantling of conveyances that are destroyed as a result of a complete demolition of a secured building or structure or where the hoistway or wellway is demolished back to the basic support structure and where no access is permitted that would endanger the safety and welfare of a person.
    (b) After July 1, 2003 through the effective date of this amendatory Act of the 94th General Assembly and after July 1, 2006, no person shall inspect any conveyance within buildings or structures, including, but not limited to, private residences, unless he or she has an inspector's license or an inspection company license.
    (c) (Blank).
(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 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 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 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.
    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 312/30)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 30. Meeting of the Board. The Board shall meet and organize within 10 days after the appointment of its members and at such meeting shall elect one secretary of the Board to serve during the term to be fixed by the rules adopted by the Board. The Board shall meet regularly once each quarter or as often as deemed necessary by the Administrator at a time and place to be fixed by it and at such times as it is deemed necessary for the consideration of code regulations, appeals, variances, and for the transaction of any other business as properly may come before it. Special meetings shall be called as provided in Board rules.
(Source: P.A. 92‑873, eff. 6‑1‑03.)

    (225 ILCS 312/35)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 35. Powers and duties of the Board and Administrator.
    (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 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 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 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 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 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. 95‑573, eff. 8‑31‑07; 96‑54, eff. 7‑23‑09.)

    (225 ILCS 312/40)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 40. Application for contractor's license.
    (a) Any person, firm, or company wishing to engage in the business of installing, altering, repairing, servicing, replacing, or maintaining elevators, dumbwaiters, escalators, or moving walks within this State shall make application for a license with the Administrator. However, if the State, a unit of local government, or an institution of higher education maintains in its employ licensed or limited licensed elevator mechanics who maintain only conveyances owned or leased by that entity, the employing entity is not required to be licensed as a contractor under this Section and none of the provisions of this Act concerning licensed contractors shall apply to these entities.
    (b) All applications shall contain the following information:
        (1) if the applicant is a person, the name,
     residence, and business address of the applicant;
        (2) if the applicant is a partnership, the name,
     residence, and business address of each partner;
        (3) if the applicant is a domestic corporation, the
     name and business address of the corporation and the name and residence address of the principal officer of the corporation;
        (4) if the applicant is a corporation other than a
     domestic corporation, the name and address of an agent locally located who shall be authorized to accept service of process and official notices;
        (5) the number of years the applicant has engaged in
     the business of installing, inspecting, maintaining, or servicing elevators or platform lifts or both;
        (6) if applying for an elevator contractor's
     license, the approximate number of persons, if any, to be employed by the elevator contractor applicant and, if applicable, satisfactory evidence that the employees are or will be covered by workers' compensation insurance;
        (7) satisfactory evidence that the applicant is or