Section 1000.10  Purpose of this Part

 

The purpose of this Part is to assure that conveyances are correctly and safely installed and operated within the State by regulating the installation, construction, operation, inspection, testing, maintenance, alteration, and repair of elevators, dumbwaiters, escalators, moving sidewalks, platform lifts, stairway chairlifts, and automated people movers, and by licensing personnel and businesses that work on these conveyances.

 

(Source:  Amended at 32 Ill. Reg. 8377, effective May 27, 2008)

 

Section 1000.20  Applicability

 

a)         This Part applies to 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)):

 

1)         Hoisting and lowering mechanisms equipped with a car or platform that move between 2 or more landings, including, but not limited to, elevators, platform lifts and stairway chairlifts;

 

2)         Power driven stairways and walkways for carrying persons between landings.  This equipment includes, but is not limited to, escalators and moving walkways;

 

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, including, but not limited to, dumbwaiters, material lifts and dumbwaiters with automatic transfer devices;

 

4)         Automatic guided transit vehicles on guide ways with an exclusive right-of-way.  This equipment includes, but is not limited to, automated people movers.  [225 ILCS 312/10(a) and (b)]

 

b)         This Part does not apply to a municipality with a population over 500,000, with the exception of any state-owned building within that municipality.  [225 ILCS 312/10(d)].

 

c)         This Part 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 A120.1.

 

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)       Conveyances located in a private residence not accessible to the public.

 

16)       Special purpose personnel elevators within the scope of ASME A17.1 and used only by authorized personnel.

 

17)       Personnel hoists and employee elevators for construction and demolition operations within the scope of ANSI A10.4.

 

18)       Wind turbine tower elevators within the scope of ASME A17.8.  [225 ILCS 312/10(c)]

 

(Source:  Amended at 48 Ill. Reg. 825, effective December 28, 2023)

 

Section 1000.30  Definitions

 

For the purposes of this Part, the definitions of terms in Section 15 of the Act and in this Section shall apply.

 

"Acceptance Inspection" means an inspection performed at the completion of the initial installation or alteration of equipment in accordance with applicable standards.

 

"Act" means the Elevator Safety and Regulation Act [225 ILCS 312].

 

"Alteration" means any change to equipment, including its parts, components or subsystems, other than maintenance, repair or replacement of the equipment or its parts, components or subsystems. [225 ILCS 312/15] For the purpose of this Part and the Act, this definition will take precedence over similar definitions used in safety codes incorporated by reference in Section 1000.60.

 

"Authority Having Jurisdiction", as used in ASME A17.1-2010/CSA B44-10, and Performance-Based Safety Code for Elevators and Escalators (ASME A17.7-2007/CSA B44.7-07), means the Board.

 

"Board" means the Elevator Safety Review Board created by Section 25 of the Act [225 ILCS 312/15].

 

"Certificate of Conformance" means a certificate issued by a nationally accredited independent conveyance certification organization designated by ANSI, ASME or SCC (Standards Council of Canada) to operate a certification program that conforms to the Performance-Based Safety Code for Elevators and Escalators (ASME A17.7/CSA B44.7) and that evaluates new technology applicable to a conveyance for conformance with ASME A17.7/CSA B44.7.  The Certificate of Conformance provides proof that the conveyance complies with ASME A17.7/CSA B44.7 and any other applicable codes required under the Act. The Certificate shall be part of the basis for approval by the Board.

 

"Certificate of Operation" means a certificate issued by OSFM 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.  [225 ILCS 312/15]

 

"Code" or "State Code" means the standards and recommendations incorporated by reference in Section 1000.60.

 

"Contractor License Designee" means an individual designated by a licensed elevator contractor or licensed limited elevator contractor who holds a current elevator mechanic's license or limited elevator mechanic's license and has the responsibility to ensure that work performed by the contractor is done so in conformance with the Act. 

 

"Elevator Contractor" means any person, firm, or corporation who possesses an elevator contractor license in accordance with the provisions of Sections 40 and 55 of the Act and who is engaged in the business of erecting, constructing, installing, altering, servicing, repairing, or maintaining and is entitled to perform electrical work on elevators or related conveyances covered by the Act within any building or structure, except exempt private residences.  [225 ILCS 312/15]

 

"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 OSFM and works under the general direction of a licensed elevator mechanic or licensed limited elevator mechanic.  Licensure is not required for an elevator industry apprentice.  [225 ILCS 312/15]

 

"Elevator Inspector" means any inspector, as that term is defined in ASME QEI, who possesses an elevator inspector license in accordance with the provisions of the Act. [225 ILCS 312/15]

 

"Elevator Mechanic" means any person who possesses an elevator mechanic license in accordance with the provisions of Section 45 of the Act and who is engaged in erecting, constructing, installing, altering, servicing, repairing, or maintaining elevators or related conveyances covered by the Act. [225 ILCS 312/15]

 

"Emergency Elevator Mechanic License" means a license issued by OSFM, under Section 45(d) of the Act and Section 1000.80(d) of this Part and based upon the certification of a licensed elevator contractor or licensed limited elevator contractor, whenever OSFM determines that an emergency exists in the State due to disaster or work stoppage and the number of persons in the State holding mechanic licenses is insufficient to cope with the emergency. [225 ILCS 312/45(d)]

 

"Hearing Officer" means the presiding officer or officers at the initial hearing before the Board and each continuation of that hearing.  A hearing officer must be an attorney-at-law licensed to practice in Illinois.

 

"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 OSFM to possess this type of license under the provisions of this Part. [225 ILCS 312/15]

 

"Inspection Company License Designee" means an individual designated by a licensed elevator inspection company who holds an elevator inspector license.

 

"Limited Elevator Contractor License" means a license issued by OSFM, under Section 1000.80(g), that limits the licensee's business to a specific type of conveyance described in ASME A18.1.  

 

"Limited Elevator Mechanic License" means a license issued by OSFM, under Section 1000.80(a), that authorizes the licensee to carry on a business of erecting, constructing, installing, altering, servicing, repairing or maintaining a specific type of conveyance described in ASME A18.1 within any building or structure.  [225 ILCS 312/15]

 

"Local Administrator" means the municipality or county that entered into a local elevator agreement with OSFM to operate its own elevator safety program in accordance with the Act and this Part.

 

"Material Alteration" means an "alteration", defined in ASME A17.1 as, any change to equipment, including its parts, components, and/or subsystems, other than maintenance, repair, or replacement.

 

"New Technology" means an elevator system, component or subsystem that has not been addressed in the Safety Code for Elevators and Escalators (ASME A17.1-2010/CSA B44-10), but meets the requirements of a certificate of conformance under the Performance-Based Safety Code for Elevators and Escalators (ASME A17.7-2007/CSA B44.7-07).

 

"OSFM" means the Office of the State Fire Marshal, which is designated by the Act to be the administrator of the Illinois Elevator Safety and Regulation Program.

 

"Owner" means the owner of the conveyance, which could be an individual, a group of individuals or 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 the Act and this Part. [225 ILCS 312/15]

 

"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. [225 ILCS 312/15] Private residence excludes a unit used on a time-share basis by more than one family over a period of time.

 

"Repair", as defined in ASME A17.1, means reconditioning or renewal of parts, components, and/or subsystems necessary to keep equipment in compliance with applicable code requirements.  Repair includes only such work as is necessary to maintain present equipment in a safe and serviceable condition and to adjust or replace defective, broken, or worn parts with parts made of equivalent material, strength, and design, if the replacing part performs the same function as the replaced part. 

 

"Temporary Elevator Mechanic License" means a temporary license issued by OSFM, under Section 45(e) of the Act and Section 1000.80(c) of this Part, when OSFM agrees that there are no licensed personnel available to perform elevator work, and upon the request and certification of a licensed elevator contractor or licensed limited elevator contractor. The individual receiving the temporary elevator mechanic license shall have an acceptable combination of documented experience and education to perform elevator work without direct and immediate supervision.  [225 ILCS 312/45(e)]

 

"Temporary Limited Authority" means a temporary license to perform work on a specific type of conveyance described in ASME A18.1 issued, under Section 45(g) of the Act and Section 1000.80(a)(3) of this Part. A temporary license will be issued when OSFM agrees that there are no licensed personnel available to perform elevator work.  The license will be issued by OSFM to an individual that OSFM agrees is qualified to perform the work.

 

(Source:  Amended at 48 Ill. Reg. 825, effective December 28, 2023)

 

Section 1000.40  Local Regulation

 

a)         Authorization of Local Programs

Provided that the local program safety standards, codes and regulations are at least as stringent as those adopted in this Part, a municipality or county may enter into an agreement with OSFM under which the municipality or county will operate a local program.  The agreement will include the terms described in this Section.

 

1)         Under the local program, the municipality or county shall:

 

A)        Issue construction and alteration permits and certificates of operation;

 

B)        Provide for inspection of elevators, including temporary operation inspections which assess a conveyance’s readiness for use in performing tasks for construction or demolition purposes only, such as providing transportation for construction personnel, tools and material, in accordance with ASME A17.1, Section 5.10;

 

C)        Grant exceptions and variances from the literal requirements of applicable State codes, standards and regulations in cases in which such variances would not jeopardize the public safety and welfare;

 

D)        Enforce the applicable provisions of the Act, and levy fines in

accordance with the Municipal Code [65 ILCS 5] or Counties Code [55 ILCS 5]. [225 ILCS 312/140(a)];

 

E)        Maintain for inspection by OSFM copies of all applications for permits and 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 by that jurisdiction. [225 ILCS 312/140(a)]  These materials shall be maintained for a 2-year period from the date of permit issuance for permit records and from the date of inspection for inspection records;

 

F)         Ensure that each required inspection will be conducted by a licensed elevator inspector [225 ILCS 312/140(a)];

 

G)        Notify OSFM immediately by mail of any exception or variance granted.  OSFM may object to the exception or variance within 7 business days after receipt of the notice.  Should OSFM and the Local Administrator not reach agreement on the exception or variance, the matter shall be directed to the Board to hear and decide.  [225 ILCS 312/140(d)];

 

H)        Notify OSFM at least 90 days prior to termination of the local program (see subsection (e)(1)) in the event the Local Administrator elects to discontinue regulating conveyances; and

 

I)         Comply with any other provisions deemed necessary by the Administrator. (See 225 ILCS 312/140(a).)

 

2)         The Local Administrator may assess a reasonable fee for permits, exceptions, variances, certificates of operation, or inspections performed by its inspectors. [225 ILCS 312/140(a)]

 

3)         The Local Administrator may choose to require that inspections be performed by its own Illinois licensed inspectors or by private Illinois licensed elevator inspectors. [225 ILCS 312/140(a)]

 

4)         Any safety standards or regulations adopted by a municipality or county pursuant to 225 ILCS 312/140(a) must be at least as stringent as those provided for in the Act and Section 1000.60 of this Part.

 

b)         Approval of the Local Program

 

1)         Application

Any municipality or county that chooses to inspect or otherwise regulate conveyances must apply to OSFM for approval of the local program. The application shall include the name of the local program administrator, the standards and regulations adopted, the number and types of conveyances covered by the program, the name and license number of inspectors, and other reasonable information OSFM may request.  The form shall be provided by OSFM.

 

2)         Approval and Program Agreement

If OSFM determines that the local program will be at least as stringent as the requirements of the Act and this Part, OSFM will so notify the local program. Each municipality or county approved by OSFM to implement a local program shall enter into a written agreement with OSFM under which the local program will apply within the described territory.

 

3)         Existing Local Programs

No municipality or county may operate a local program unless it has entered into an agreement with OSFM.

 

4)         Review by OSFM

OSFM may review and audit the program of any Local Administrator and inspect the permits issued, grants and denials of exceptions or variances, inspection reports, and records related to the conveyances under the local program.  OSFM will provide the Local Administrator reasonable advance notice of the review, audit and/or inspection.  

 

c)         Local Enforcement

Within the jurisdiction of an approved local program, except as otherwise provided in this subsection (c), the procedural requirements of the local program shall be followed, rather than the procedural requirements of this Part, including the specified fees. However, all conveyances located within the jurisdiction of a local program shall be registered with OSFM in accordance with Section 80 of the Act and Section 1000.120 of this Part.

 

d)         Reporting and Recordkeeping

 

1)         Reporting

OSFM may request certain reports and information to be provided on a periodic basis to assure that local programs are operating in conformance with the Act.

 

2)         Recordkeeping

A municipality or county that operates a local program shall maintain for inspection for a 2-year period the records required in subsection (a)(1)(E).

 

e)         Discontinuance of a Local Program

 

1)         Discontinuance by the Local Jurisdiction

Should a local program determine to discontinue inspecting or otherwise regulating conveyances, the local program administrator shall notify OSFM 90 days prior to termination of the program.  The municipality or county shall make available to OSFM program records and documents necessary for OSFM to maintain regulatory continuity.

 

2)         Discontinuance by OSFM

OSFM may monitor the local programs and, if a program is found to not meet the requirements of the Act and this Part, notify the Local Administrator of corrective actions needed to be taken to bring its program into compliance. OSFM may, after allowing time for corrective action and after a hearing under 41 Ill. Adm. Code 210 and Section 1000.160 of this Part, withdraw approval of a non-compliant local program.

 

(Source:  Amended at 48 Ill. Reg. 825, effective December 28, 2023)

 

Section 1000.50  Elevator Safety Review Board

 

a)         Appointment

The Elevator Safety Review Board consists of 17 members, 14 of whom are appointed by the Governor and 3 of whom are appointed by the State Fire Marshal under Section 25 of the Act.  See Section 25 of the Act for specific representation and terms of office. [225 ILCS 312/25]

 

b)         Quorum

Nine Board members shall constitute a quorum.  A quorum is required for all Board decisions.

 

c)         Powers and Duties of the Board

Section 35 of the Act authorizes the Board to adopt rules for administration and enforcement of the Act.  The rules shall establish standards and criteria consistent with the Act for licensing of elevator mechanics, limited elevator mechanics, inspectors and contractors.  The Board may grant variances from the applicable standards (see Section 1000.70), establish fees and recommend changes to the Act.

 

1)         The Board shall adopt, or amend and adopt, the latest editions of the standards referenced in Section 35 of the Act within 12 months after the effective date of the standards.

 

2)         The Board shall make determinations authorized by the Act regarding implementation and regulation of new technology.  Board 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.

 

3)         The Board shall have the authority to hear appeals of any denial by the Local Administrator or of any denial or objection by OSFM. 

 

4)         The Board shall hold hearings and decide appeals within 30 days from the date of the hearing.

 

5)         The Board shall establish fee schedules for licenses and registrations issued by OFSM.  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 its duties as described in the Act. [225 ILCS 312/35]

 

d)         Contact

The Board's office is located at the Office of the Illinois State Fire Marshal, Elevator Safety Division, 555 West Monroe Street, Suite 1300-N, Chicago, Illinois  60661.

 

(Source:  Amended at 48 Ill. Reg. 825, effective December 28, 2023)

 

Section 1000.60  Adoption of Nationally Recognized Safety Codes

 

a)         All conveyances shall be designed, constructed, installed, operated, inspected, tested, maintained, altered and repaired in accordance with the following standards and safety codes:

 

1)         American Society of Mechanical Engineers (ASME)

Three Park Avenue

New York NY  10016-5990

 

A)        Safety Code for Elevators and Escalators (ASME A17.1‑2019/CSA B44-2019) and Performance-Based Safety Code for Elevators and Escalators (ASME A17.7-2007 reaffirmed 2017/CSA B44.7-07 reaffirmed 2017).

 

Modification and Exclusion to the Safety Code for Elevators and Escalators (ASME A17.1‑2019/CSA B44-2019) adopted by the Illinois Elevator Safety Review Board:

 

i)          Modification:  Witnessing of Initiating Devices for Fireman's Emergency Operation.

 

All initiating devices for all elevators shall be tested every 5 years. The test shall be witnessed by an elevator inspector. Documentation of the results of the testing of initiating devices must be kept on site in the maintenance records. All hydraulic elevators shall have this documentation completed no later than December 31, 2024. All traction elevators shall have this documentation completed at the time of their first Category 5 test after January 1, 2024. After the initial test, subsequent tests of the elevator's initiating devices shall be conducted no later than 5 years after the date of the last test.

 

ii)         Exclusion: Specifically Excluded from Adoption is Section 8.6.4.20.1(b) Alternative Test Method for Car Safeties;

 

B)         Safety Code for Existing Elevators and Escalators (ASME A17.3‑2005), but only as required under Section 35(h) and (i) of the Act and subsection (d);

 

C)        Safety Standard for Platform Lifts and Stairway Chairlifts (ASME A18.1-2017);

 

D)        Standard for the Qualification of Elevator Inspectors (ASME QEI‑1-2018).

 

2)         American Society of Civil Engineers (ASCE)

1801 Alexander Bell Drive

Reston VA  20191-4400

 

Automated People Mover Standards (ANSI/ASCE/T&DI 21-13).

 

b)         All the materials incorporated by reference in this Section are incorporated as of the date specified and include no later editions or amendments.

 

c)         The Board shall adopt, or amend and adopt, the latest editions of the standards referenced in this Section within 12 months after the effective date of the standards.  [225 ILCS 312/35(a)]

 

d)         Upgrade Requirements for Existing Conveyances

 

1)         Notwithstanding anything else in this Part, 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 OSFM or the Local Administrator may not require their completion prior to January 1, 2013:

 

A)        Restricted opening of hoistway doors or car doors on passenger elevators in accordance with ASME A17.3-2005;

 

B)        Car illumination in accordance with ASME A17.3-2005;

 

C)        Emergency operation and signaling devices in accordance with ASME A17.3-2005;

 

D)        Phase reversal and failure protection in accordance with ASME A17.3-2005;

 

E)        Reopening device for power operated doors or gates in accordance with ASME A17.3-2005;

 

F)         Stop switch in pits in accordance with ASME A17.3-2005; and

 

G)        Pit ladder installation in accordance with Section 2.2.4.2 of ASME A17.1-2007.  [225 ILCS 312/35(h)]

 

2)         In the event that a conveyance regulated by this Part is altered, the alteration shall comply with ASME A17.1-2019/CSA B44-2019.

 

3)         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 be upgraded unless:

 

A)        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;

 

B)        The equipment fails; or

 

C)        Failing to replace the equipment jeopardizes the public safety and welfare as determined by the Local Administrator or the Board. [225 ILCS 312/35(i)]

 

e)         Non-Mandatory Guidelines.  It is recommended that all conveyances be inspected and tested in accordance with the following recommended practices.  The following list should not be interpreted as excluding other practices recommended by equipment manufacturers.

 

American Society of Mechanical Engineers (ASME)

Three Park Avenue

New York NY  10016-5990

 

Guide for Inspection of Elevators, Escalators, and Moving Walks (ASME A17.2-2017)

 

(Source:  Amended at 48 Ill. Reg. 825, effective December 28, 2023)

 

Section 1000.70  Variance and Appeal

 

a)         OSFM or the Local Administrator shall have the authority to  grant exceptions and variances from the literal requirements of applicable State codes, standards and regulations in cases in which variances would not jeopardize the public safety and welfare. OSFM has the right to review and object to any exceptions or variances granted by the Local Administrator.  The Board has the authority to hear appeals of any denial by the Local Administrator or of any denial or objection by OSFM.  The Board will hold hearings and will decide the appeal within 30 days after the appeal. [225 ILCS 312/35(b)]

 

b)         In order for a variance request submitted to OSFM to be reviewed, the request shall be submitted in writing by the owner or his/her designated representative and shall include:

 

1)         Evidence that the proposed or existing conveyance is not in compliance with the code or regulation.

 

2)         Evidence that strict compliance with the code or regulation would entail practical difficulty or unnecessary hardship or is otherwise unwarranted.

 

3)         Evidence that any requested variance would not jeopardize the safety and health of those who would use the conveyance or work on the conveyance and that the methods, means, or practices proposed provide equal protection of the public's safety and health.

 

4)         A processing fee of $300 is to be submitted to OSFM with the variance/exception request.

 

5)         All variances shall indicate the specific code standard from which relief is granted.

 

c)         The  determination on the variance request shall be made in writing to the party making the request and shall advise the party of the appeal process contained in subsection (d).  This determination shall be made no later than 30 days after the  variance request is submitted.

 

d)         To request an appeal, the owner or his/her designee shall submit a written appeal to the Board including:

 

1)         Information in addition to that provided under subsection (b) that may assist the Board in its deliberation.

 

2)         Evidence that this Part or a code or regulation has been incorrectly interpreted, the provisions of the code or regulation do not fully apply, or the decision is unreasonable or arbitrary as it applies to alternatives or new materials.

 

e)         The request for appeal shall be submitted no later than 30 days after receiving the variance determination from OSFM or the Local Administrator. The filing of an appeal shall not relieve a person from complying with the Act or this Part during the pending review.

 

(Source:  Amended at 36 Ill. Reg. 13131, effective October 1, 2012)

 

Section 1000.75  New Technology

 

a)         Any new technology that is issued a Certificate of Conformance under the Performance-Based Safety Code for Elevators and Escalators (ASME A17.7-2007/CSA (Canadian Standards Association) B44.7-07) must be presented to the Board.

 

b)        The manufacturer of any new technology requiring approval must submit to the Board as least 90 days in advance of a scheduled Board meeting the Certificate of Conformance and any required accompanying report issued by the Accredited Elevator/Escalator Certifying Organization (AECO), any installation, testing and operational instructions, maintenance and inspection instructions and any special equipment that is necessary to inspect or maintain the new technology.

 

c)         The Board shall notify the manufacturer submitting the application and all Local Administrators on record of the new technology hearing at least 30 days in advance of the date scheduled for the Board to review the submitted documents and hear testimony.  The Local Administrator may submit documentation supporting or opposing the new technology and may testify at the hearing.

 

d)        The Board will approve the use of the new technology if it meets the requirements of this Part.

 

(Source:  Added at 36 Ill. Reg. 13131, effective October 1, 2012)

 

Section 1000.80  Licensure and Registration Requirements

 

a)         Qualifications for Elevator Mechanic License, Limited Elevator Mechanic License or Temporary Limited Elevator Mechanic License

 

1)         Elevator Mechanic License

Section 20(a) of the Act states that 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 license.

 

A)        No license shall be granted to any person who has not paid the application fee [225 ILCS 312/45(a)] required by Section 1000.100(a).

 

B)        No license shall be granted to any person who has not proven his or her qualifications and abilities. [225 ILCS 312/45(b)] Applicants for an elevator mechanic license must demonstrate one of the following qualifications:

 

i)          an acceptable combination of documented experience and education credits consisting of:

 

•           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

 

•           satisfactory completion of a written examination administered by the Elevator Safety Review Board or its designated provider, for which all fees assessed by the designated provider for the administration of the examination will be directly paid by the applicant, and the examination shall test the understanding of this Part and the State codes incorporated in Section 1000.60; or

 

ii)         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; or

 

iii)        a certificate of completion of an elevator mechanic apprenticeship program, with standards substantially equal to those of the Act, and that is registered with the Bureau of Apprenticeship and Training, U.S. Department of Labor; or

 

iv)        a valid license from a state having standards substantially equal to those of this State. [225 ILCS 312/45]

 

2)         Limited Elevator Mechanic License

 

A)        No license shall be granted to any person or firm that has not paid the application fee required by Section 1000.100(h).

 

B)        Qualifications for a limited elevator mechanic license shall be the same as for an elevator mechanic license, with the exception that qualifying work experience shall consist of work performed on specific ASME A18.1 conveyances (platform lifts and stairway chairlifts).  Examinations will cover ASME A18.1 standards, the Act and this Part.

 

3)         Temporary Limited Elevator Mechanic License

OSFM may issue a temporary limited elevator mechanic license to an individual to perform work on a specific type of conveyance described in ASME A18.1 The license shall be issued for 30 days upon application attesting that there are no licensed personnel available to perform elevator work for the specific type of conveyance.  The application shall also contain the certification of a licensed limited elevator contractor or licensed elevator contractor certifying that the individual is qualified to perform the work.  Proof of competency cited in the certification must include at least 3 years of work experience in the elevator industry, without direct supervision, in Illinois or any other state having standards substantially equal to those of this State.  The license shall be valid only while the person is employed by the licensed limited elevator contractor or licensed elevator contractor that certified the individual as qualified.  The applicant shall furnish any proof of competency that OSFM may require and must obtain a permanent license within one year. [225 ILCS 312/45(g)]

 

b)         Elevator Industry Apprentice or Helper Registration

 

1)         A person who is not licensed as an elevator mechanic or limited elevator mechanic may work as an elevator industry apprentice or helper if he or she is registered as an apprentice or helper by OSFM and works under the general supervision of a licensed elevator mechanic or licensed limited elevator mechanic.

 

2)         No person shall be registered as an elevator industry apprentice or helper who has not paid the registration fee required by Section 1000.100(k).

 

3)         All elevator mechanic apprentices shall be registered with an apprenticeship or training program approved by the Bureau of Apprenticeship and Training, U.S. Department of Labor.

 

4)         Elevator industry apprentices and helpers shall register with OSFM by submitting, on a form provided by OSFM, the following information: 

 

A)        Name, address and telephone number of the applicant.

 

B)        Whether the applicant is registering as an apprentice or as a helper.

 

C)        If an apprentice, the name and contact information for the apprenticeship or training program with which the apprentice is registered.

 

5)         Upon determination that the applicant for registration meets all the requirements of the Act and this Part, OSFM will provide the applicant with an elevator industry apprentice or helper registration card.

 

c)         Qualifications for a Temporary Elevator Mechanic License

 

1)         No license shall be granted to any person who has not paid the application fee required by Section 1000.100(f).

 

2)         A licensed elevator contractor shall notify OSFM when there are no licensed personnel available to perform elevator work and may request that the OSFM issue temporary elevator mechanic licenses to persons certified by the contractor to have an acceptable combination of documented experience and education to perform elevator work without direct and immediate supervision.

 

3)         A person for whom a contractor requests a temporary elevator mechanic license shall show proof of competency by documenting 3 years of work experience in the elevator industry, without direct supervision, in Illinois or any other state having standards substantially equal to those of this State.

 

4)         A temporary elevator mechanic license shall recite that it is valid for a period of 30 days from the date of issuance and only while the elevator mechanic is employed by the licensed elevator contractor that certified the individual as qualified.  [225 ILCS 312/45(e)]

 

5)         A temporary elevator mechanic license shall be renewable as long as the shortage of license holders continues. [225 ILCS 312/45(e)]

 

d)         Qualifications for Emergency Elevator Mechanic License

 

1)         No application fee is required for an individual applying for an emergency elevator mechanic license or for the renewal of that license.

 

2)         Whenever an emergency exists in the State due to disaster, act of God, or work stoppage and the number of persons in the State holding elevator mechanic licenses is insufficient to cope with the emergency, any person certified by a licensed elevator contractor or licensed limited 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 license from OSFM within 5 business days after commencing work requiring a license.

 

3)         The applicant shall furnish proof of competency by submitting to OSFM documentation of 3 years of work experience in the elevator industry, without direct supervision, in Illinois or any other state having standards substantially equal to those of this State.

 

4)         An emergency mechanic license is valid for 30 days from the date issued and for such particular elevators or geographical areas as OSFM may designate.  The emergency license entitles the licensee to the rights and privileges of an elevator mechanic license issued under subsection (a).

 

5)         OSFM shall renew an emergency elevator mechanic license during the existence of an emergency.  [225 ILCS 312/45(d)]

 

e)         Qualifications for Elevator Inspector License

 

1)         No person shall inspect any conveyance within buildings or structures, including, but not limited to, private residences, unless he or she has an inspector license [225 ILCS 312/20(b)].

 

2)         No elevator inspector license shall be granted to any person who has not paid the application fee required by Section 1000.100(b).

 

3)         No inspector's license shall be granted to any person, unless he or she has been certified as meeting the requirements of ASME QEI-1 by a nationally or internationally recognized independent organization concerned with personnel certification. [225 ILCS 312/50]

 

4)         To be licensed as an elevator inspector, the applicant must have attained QEI certification (see Section 1000.60(a)(1)(D)).  An elevator inspector shall notify OSFM within 24 hours after suspension, termination or expiration of his/her QEI certification.  No inspector shall perform any inspection covered by the Act without a current QEI certification.

 

5)         All elevator inspector license applicants are required to submit proof of insurance as required by Section 100 of the Act and must provide notice at least 10 days in advance to OSFM of any substantial alteration or cancellation of a policy.  No work covered by the Act is to be performed without insurance required by Section 100 of the Act.

 

f)         Qualifications for Elevator Contractor License

Section 40(a) of the Act requires that any person wishing to engage in the business of installing, altering, repairing, servicing, replacing, or maintaining elevators, dumbwaiters, escalators, or moving walks within this State must be licensed.

 

1)         No license shall be granted to any person or firm unless the application fee required by Section 1000.100(d) is paid.

 

2)         No license shall be granted to any person or firm who has not proven the required qualifications and abilities.  An applicant must be individually licensed as an elevator mechanic under the Act, perform the work set forth in Section 20(a) of the Act, and have proof of compliance with the insurance requirements set forth in Section 100 of the Act or, in the case of a firm, employ a person who is individually licensed as an elevator mechanic under the Act, perform the work set forth in Section 20(a) of the Act, and have proof of compliance with the insurance requirements set forth in Section 100 of the Act.  [225 ILCS 312/55]

 

3)         All licensed elevator contractors must provide notice to OSFM at least 10 days in advance of any substantial alteration or cancellation of an insurance policy required by Section 100 of the Act.  No work covered by the Act is to be performed without insurance required by Section 100 of the Act.

 

4)         If the State of Illinois, 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 the Act concerning licensed contractors shall apply to these entities.  [225 ILCS 40(a)]

 

g)         Qualifications for a Limited Contractor License

 

1)         No license shall be granted to any person or firm unless the application fee required by Section 1000.100(e) is paid.

 

2)         Qualifications for a limited contractor license shall be the same as for an elevator contractor license with the exception that work experience shall consist of work performed on ASME A18.1 conveyances (platform lifts and stairway chairlifts).  Examinations will cover ASME A18.1 standards, the Act, and this Part.

 

h)         Qualifications for Elevator Inspection Company License

 

1)         No company, limited liability company, corporation, not for profit corporation, partnership, limited partnership, sole proprietorship, or any other business organization authorized by law shall inspect or cause an employee to inspect any conveyance within buildings or structures, including, but not limited to, private residences, unless the company has an inspection company license.

 

2)         No elevator inspection company license shall be granted to any person who has not paid the application fee required by Section 1000.100(c).  [225 ILCS 312/50]

 

3)         No inspection company license shall be granted to any company unless the company proves to the satisfaction of OSFM that one or more officers of the company meet the current ASME QEI-1, Standard for the Qualification of Elevator Inspectors.  To be licensed as an elevator inspector, the applicant must have attained QEI certification (see Section 1000.60(a)(1)(D)).

 

4)         An elevator inspection company shall notify OSFM within 24 hours after suspension, termination or expiration of the officer's QEI certification.  No inspection company shall perform any inspection covered by the Act without at least one officer possessing a current QEI certification and an Illinois inspector license and the company possessing a valid elevator inspection company license.

 

5)         All elevator inspection company license applicants are required to submit proof of insurance as required by Section 100 of the Act and must provide notice at least 10 days in advance to OSFM of any substantial alteration or cancellation of a policy.  No work covered by the Act is to be performed without insurance required by Section 100 of the Act.

 

i)          Miscellaneous Requirements

 

1)         No licensee shall work on non-registered or non-permitted conveyances covered by the Act, except for those conveyances exempted from registration by the Act or Section 1000.120(g).

 

2)         All license holders are required to report violations of the Act, this Part and the standards listed in Section 1000.60 to OSFM.

 

3)         Each licensee shall have his/her valid license, and each elevator industry apprentice or helper shall have his/her valid registration card, in his/her possession when working on conveyances covered by the Act.

 

(Source:  Amended at 45 Ill. Reg. 7120, effective May 25, 2021)

 

Section 1000.90  Application for License or Registration

 

a)         Application Forms

All applications for an elevator mechanic, limited elevator mechanic, temporary elevator mechanic, emergency elevator mechanic, elevator inspector, elevator contractor, limited elevator contractor, or elevator inspection company license, or for registration as an elevator industry apprentice or helper, shall be submitted to OSFM on forms provided by OSFM and shall include a photo of the applicant.  All individual license applicants must submit a colored passport photo with their application.

 

b)         OSFM Approval or Denial

Upon receipt, review and approval of the application, OSFM shall issue the appropriate license or registration. If OSFM determines the applicant does not qualify for licensure or registration based on the criteria established in Section 1000.80, OSFM shall deny the application and notify the applicant of the reason for denial.

 

c)         Application for an Elevator Contractor or Limited Elevator Contractor License

 

1)         All applications for an elevator contractor or limited elevator contractor license shall include:

 

A)        if the applicant is a person, the name, residence address, and business address of the applicant;

 

B)        if the applicant is a partnership, the name, residence address, and business address of each partner;

 

C)        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;

 

D)        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;

 

E)        the number of years the applicant has engaged in the business of installing, inspecting, maintaining, or servicing elevators or platform lifts or both;

 

F)         the approximate number of persons, if any, to be employed by the applicant and, if applicable, satisfactory evidence that the employees are or will be covered by workers' compensation insurance;

 

G)        satisfactory evidence that the applicant is or will be covered by general liability, personal injury, and property damage insurance; and

 

H)        any criminal record of convictions. [225 ILCS 312/40]

 

2)         Contractor License Designee

Each applicant for an elevator contractor license or a limited elevator contractor license must designate one or more individuals as the Contractor License Designee.  Contractors shall work for no more than 30 days without notifying OSFM of the new Designee in writing.

 

A)        Each Designee shall hold an elevator mechanic license or a limited elevator mechanic license.

 

B)        When an exam is required for licensure, the exam will be administered to a Designee.

 

C)        If a Designee separates employment or his/her designation is terminated, the contractor must notify OSFM within 5 days. If the separating Designee was the sole Designee for the contractor, the contractor must designate a new Designee and inform OSFM in writing within 30 days after the new designation or the contractor's license will be automatically suspended.

 

3)         Inspection Company License Designee

Each applicant for an elevator inspection company license must designate one or more individuals as the Inspection Company License Designee. No inspections of conveyances covered by the Act may be performed by an inspection company unless the Inspection Company License Designee has been appointed and OSFM has been notified of the appointment.

 

A)        Each Designee shall hold an Illinois elevator inspector license.

 

B)        Both the Designee and all other elevator inspectors must possess and maintain current QEI certifications.

 

C)        If a Designee separates employment or his/her designation is terminated, the inspection company must notify OSFM within 5 days.  If the separating Designee was the sole Designee for the inspection company, the inspection company must designate a new Designee and inform OSFM in writing within 30 days after the new designation or the inspection company's license will be automatically suspended.  Work may not be performed longer than 30 days without notifying OSFM of the new Designee in writing.

 

(Source:  Amended at 36 Ill. Reg. 13131, effective October 1, 2012)

 

Section 1000.100  License and Registration Fees

 

License fees shall be as follows:

 

a)	Elevator Mechanic License (initial and renewal)	$250
b)	Elevator Inspector License (initial and renewal)	$450
c)	Elevator Inspection Company License (initial and renewal)	$500
d)	Elevator Contractor License (initial and renewal)	$1,000
e)	Limited Elevator Contractor License (initial and renewal)	$500
f)	Temporary Elevator Mechanic License (initial and renewal)	$100
g)	Emergency Elevator Mechanic License (initial and renewal)	$0
h)	Limited Elevator Mechanic License (initial and renewal)	$150
i)	License Restoration	Renewal Fee+$50
j)	Replacement License	$50
k)	Elevator Industry Apprentice or Helper Registration	$75

 

(Source:  Amended at 36 Ill. Reg. 13131, effective October 1, 2012)

 

Section 1000.110  Renewal of License

 

a)         All licenses shall be renewed every 2 years.  An individual licensee may renew a license by submitting a written application for renewal and a colored passport photograph 45 days prior to expiration of the license.  The licensee will be invoiced for the appropriate license fee.

 

b)         The individual applicant or the elevator contractor or limited elevator contractor shall provide evidence satisfactory to OSFM of completion by the individual applicant or the Contractor License Designee of at least 8 hours of continuing education that shall include a minimum of 2 hours on code updates and that shall be attended and completed within one year immediately preceding any license renewal.  Continuing education curriculum shall be approved by the Board and designed to ensure the continued qualifications of the applicant.

 

1)         Any training provided by an elevator manufacturer on the equipment sold by that manufacturer may be counted toward the 8 hours of continuing education required for licensed contractors, mechanics, limited contractors and limited mechanics.

 

2)         Training received through a union, college, contractor or third-party program, other than manufacturer provided training, must be approved by the Board in advance of the training.  The individual requesting the approval must submit to the Board information on the training that includes, but is not limited to, the course outline, course objectives, hours granted, and instructor's name and qualifications.  The Board will not credit training that has not received prior approval.

 

c)         A licensee who is unable to complete the continuing education required by subsection (b) prior to the expiration of his/her license due to a temporary disability may apply for a waiver from the Board as provided for in Section 60(f) of the Act. [225 ILCS 312/60(f)]

 

d)         If a license is allowed to lapse, it may be restored within one year after its expiration date by meeting the requirements of subsections (a) and (b) and the payment of $50 in addition to the renewal fee. If a license is not restored within one year after its expiration date, the license holder must apply for a new license and shall follow the appropriate licensing procedure.

 

(Source:  Amended at 36 Ill. Reg. 13131, effective October 1, 2012)

 

Section 1000.120  Registration of Conveyances

 

a)         Registration of Newly Installed Conveyances

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. [225 ILCS 312/95(a)]  The owner shall pay a registration fee of $30.

 

b)         Registration of Existing Conveyances

Owners must register their existing conveyances with OSFM and pay a registration fee of $30. 

 

c)         The registration shall be on a form provided by OSFM that shall require identification of the conveyance type, rated load and speed, manufacturer, location, purpose and date of installation, along with any other information deemed necessary by OSFM.

 

d)         OSFM shall issue for each conveyance a registration identification plate with the registration number inscribed that shall be used to identify the conveyance.  The registration plate shall be permanently affixed/attached to the elevator conveyance control panel.

 

e)         Replacement registration identification plates shall require a fee of $10 for each additional plate.

 

f)         Registrations are not required for private residence conveyances.  No fee will be charged for voluntarily registering existing private residence conveyances and no penalties will be incurred by the owner of a private residence.  These conveyances are not covered by the Act.

 

(Source:  Amended at 48 Ill. Reg. 825, effective December 28, 2023)

 

Section 1000.130  Permits

 

a)         A licensed elevator contractor or limited licensed elevator contractor shall obtain a permit from OSFM or the Local Administrator prior to erecting, constructing, installing, or materially altering any conveyances covered by the Act.

 

b)         All conveyance construction or alteration documents shall be submitted to OSFM or the Local Administrator for a permit. The document 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 OSFM and the municipality or county does not have a means by which it approves building documents or issues building permits, the conveyance construction or alteration documents shall be submitted to OSFM along with the owner-supplied, sealed technical submissions from a licensed architect or engineer.  [225 ILCS 312/90(f)]

 

c)         The Local Administrator shall be required to maintain the application and permit on file for a period of not less than 2 years from the date of issuance.

 

d)         Each application for a permit from OSFM shall be on a form provided by OSFM and shall be accompanied by the permit fee established in subsection (i) and accurately scaled and fully dimensioned plans and shall show the location of the machinery room and the equipment to be installed, relocated, or altered, and all structural supporting members thereof, including foundations.  The specifications shall include 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.  [225 ILCS 312/90(c)]  The application shall specify whether the permit is for a conveyance used for mobility-impaired or non-mobility-impaired purposes. All permit applications shall be signed by the Contractor License Designee.

 

e)         At the conclusion of the permitted activity, the licensed elevator contractor or limited elevator contractor shall arrange for a licensed elevator inspector to perform an acceptance inspection.

 

f)         The licensed elevator contractor or limited elevator contractor shall notify OSFM no less than 7 days prior to the acceptance inspection being performed.

           

g)         A permit to alter a conveyance may be issued to an entity exempted from licensure under Section 40(a) of the Act.  [225 ILCS 312/90(a)]

 

h)         Revocation and Extension of Permit

 

1)         Permits expire 12 months from the date they are issued.

 

2)         The licensed contractor may request that OSFM or the Local Administrator grant an extension of time for the permit.  OSFM or the Local Administrator shall grant the extension for an additional 12 months if the request is received by OSFM or the Local Administrator prior to the expiration of the existing permit.  Extension requests received by OSFM or the Local Administrator after the expiration of the existing permit shall be denied, requiring a new application that must be accompanied by payment of the current fee.

 

i)          OSFM permit fees shall be as follows:

 

1)	New installation	$400
2)	Material alteration	$200
3)	Permit extension	$100

 

(Source:  Amended at 36 Ill. Reg. 13131, effective October 1, 2012)

 

Section 1000.140  Conveyance Inspection

 

a)         Acceptance Inspections

All new conveyance installations shall be inspected and, based upon a passed acceptance inspection, the owner of the conveyance shall then register the conveyance with OSFM. Only a registered conveyance will thereafter receive a Certificate of Operation from OSFM or the Local Administrator.  All new conveyance installations shall be performed by a licensed elevator contractor. A licensed elevator inspector must, subsequent to installation, certify compliance with the applicable Sections of the Act and this Part.  [225 ILCS 312/95(a)]

 

b)         Periodic Inspections and Tests

 

1)         It shall be the responsibility of the owner of all new and existing conveyances located in any building or structure to have the conveyance inspected annually.  [225 ILCS 312/120(a)]  It shall be the responsibility of the owner to ensure that the inspections and tests are performed at the prescribed intervals.

 

2)         All inspections and tests shall be conducted in accordance with the State code listed in Section 1000.60 that applies to the conveyance being inspected.

 

3)         Upon completion of the inspection, the licensed elevator inspector must supply the property owner with a copy of the written inspection report describing any and all violations and the licensed elevator inspector and property owner shall keep records for review by OSFM or the Local Administrator. [225 ILCS 312/120(a)]

 

4)         All property owners and licensed elevator inspection companies shall maintain elevator inspection reports and elevator testing results for 10 years.

 

5)         Property owners shall have 30 days from the date of the published inspection report to be in full compliance by correcting any violations.  [225 ILCS 312/120(a)]  Upgrades to existing conveyances shall comply with the time limits provided in Section 1000.60(d).  The licensed inspector will review the actions taken by the property owner and, if the corrections are adequate, will issue a follow-up inspection report indicating adequate remediation of the violations.

 

6)         OSFM or the Local Administrator may extend the compliance dates for good cause, provided that the violations are minor and pose no threat to public safety.  [225 ILCS 312/120(a)]

 

7)         All tests and inspections shall be performed by individuals licensed to perform that work or inspections on that particular type of conveyance.  

 

c)         Inspections by OSFM

OSFM may conduct random on-site inspections and tests on existing installations using its own personnel or third party licensed inspectors under contract with OSFM.

 

d)         Temporary Operation Inspections

A licensed elevator inspector may inspect an elevator for the purpose of assessing the readiness of the conveyance for the purpose of temporary operation, but only for construction or demolition purposes such as providing transportation for construction personnel, tools and material, in accordance with ASME A17.1, Section 5.10.

 

e)         Conflict of Interest

 

1)         No individual licensed as both an elevator mechanic (regular or limited) and elevator inspector may inspect his/her own work, the work of his/her company, or the work of a company affiliated with his/her company.  

 

2)         The Board may grant exceptions for governmental, academic, and other institutions that maintain their own personnel licensed as elevator inspectors and as elevator mechanics to allow those personnel to inspect conveyances owned or leased by the institutions as long as the personnel are not inspecting their own work.

 

3)         In the event that there are insufficient independent licensed inspectors available, the Board may grant exceptions and allow Category 1 Hydraulic Pressure Tests (see ASME A17.1) of elevators to be witnessed by a licensed inspector employed by a licensed contractor, provided that a separate licensed mechanic performs the tests.

 

(Source:  Amended at 48 Ill. Reg. 825, effective December 28, 2023)

 

Section 1000.145  Request for Investigation

 

a)         Any person may make a request for an investigation into an alleged violation of the Act by giving notice to OSFM or the Local Administrator of the violation or 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.

 

b)         If the request is to the Local Administrator and the Local Administrator determines that there are reasonable grounds to believe that the violation or danger exists, the Local Administrator shall forward the request for an investigation to OSFM.

 

c)         OSFM, upon receipt of a notification under this Section, shall review the complaint.  If OSFM determines that there are reasonable grounds to believe that the violation or danger exists, OSFM shall cause to be conducted or shall permit the Local Administrator to conduct an investigation as soon as practicable to determine if the violation or danger exists. If OSFM determines that there are no reasonable grounds to believe that a violation or danger exists, it shall notify the party in writing of that determination. [225 ILCS 312/105(b) and (c)]

 

(Source:  Added at 36 Ill. Reg. 13131, effective October 1, 2012)

 

Section 1000.150  Certificate of Operation

 

a)         Prior to any conveyance being used, the property owner or lessee must obtain a certificate of operation from OSFM or the 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. [225 ILCS 312/95]

 

b)         An owner of a conveyance must apply annually for a Certificate of Operation.  Each application for a Certificate of Operation concerning a conveyance located in a county or municipality operating under a local elevator agreement shall be submitted by the owner of a conveyance to the Local Administrator.  Each application for a Certificate of Operation concerning a conveyance not subject to a Local Agreement shall be submitted by the owner of the conveyance to OSFM.  All applications for a Certificate of Operation shall include the following:

 

1)         An acceptance report or the report from the most recent annual inspection from a licensed elevator inspector indicating the date of the inspection and that the conveyance has passed inspection and is safe for normal use;

 

2)         A certification from a licensed elevator mechanic or licensed limited elevator mechanic that the conveyance was tested in accordance with the appropriate State code;

 

3)         Any other information OSFM or the Local Administrator may require; and

 

4)         The fee required by subsection (c).

 

c)         The fees for Certificate of Operation for conveyances not subject to a local elevator agreement shall be as follows:

 

1)	Initial Certificate of Operation	$100
2)	Annual Renewal of Certificate of Operation	$75
3)	Renewal of Expired Certificate of Operation	$125
4)	Late Fee	$50

 

d)         Upon receipt and review of an application for a Certificate of Operation and supporting documentation, OSFM or the Local Administrator shall issue the appropriate Certificate of Operation or shall notify the applicant of the reason for the denial of the certificate.

 

e)         The Certificate of Operation or a copy of the certificate shall be clearly displayed on or in each conveyance. (See 225 ILCS 312/95(c).)

 

f)         Upon expiration of the Certificate of Operation, OSFM or the Local Administrator may direct the building owner to suspend operation of the conveyance.

 

g)         OSFM or the Local Administrator may cancel the Certificate of Operation and place the conveyance out of service when any of the following conditions exist:

 

1)         The conveyance is deemed unsafe for operation or is being operated in an unsafe manner.

 

2)         The owner fails to pay fees or penalties.

 

3)         The owner fails to have the conveyance inspected at required intervals.

 

4)         The owner fails to take corrective action as directed by OSFM.

 

h)         When a Certificate of Operation has been suspended or cancelled or the conveyance has been placed out of service by OSFM or the Local Administrator, no person shall operate the conveyance. To re-enable use of the conveyance, the owner of the conveyance shall remediate the cause of the suspension or cancellation; shall have the conveyance reinspected; and shall apply to have a suspended Certificate of Operation reinstated and, prior to operation, shall wait to have the reinstatement granted or shall apply for and wait to receive a new Certificate of Operation to replace a cancelled certificate.

 

(Source:  Amended at 48 Ill. Reg. 825, effective December 28, 2023)

 

Section 1000.160  Administrative Hearing

 

a)         An Administrative Order issued by the Board or OSFM may be appealed in accordance with 41 Ill. Adm. Code 210. 

 

b)         All appeals shall be submitted in writing to the Board no later than 10 working days following the date of the Administrative Order to correct the conveyance endangering public safety and welfare; all other appeals shall be made within 30 days following the date of the Administrative Order.

 

c)         All hearings conducted by the Board will be conducted pursuant to 41 Ill. Adm. Code 210.

 

d)        The Board may appoint a hearing officer to assist the Board with the hearing procedures.

 

e)         Failure of a party to appear on the date of the hearing shall constitute default. The Board will hold the hearing and enter a final order.

 

f)         All final administrative decisions of OSFM or the Board are subject to judicial review under the Administrative Review Law [735 ILCS 5/Art. III].

 

(Source:  Amended at 39 Ill. Reg. 3417, effective February 19, 2015)

 

Section 1000.170  Administrative Procedures

 

a)         OSFM may assess a penalty against any person, other than a conveyance owner, who violates the Act or this Part or any of the standards listed in Section 1000.60.

 

b)         It shall be a violation of this Part for any licensed contractor, mechanic or inspector to:

 

1)         fail to conduct an inspection of any conveyance that determines the condition of all portions of the conveyance required to be inspected by the standards adopted in Section 1000.60;

 

2)         to willfully conceal a deficiency known to the mechanic or inspector;

 

3)         conduct a fraudulent, negligent or incomplete inspection of a conveyance or to allow an employee to conduct a fraudulent, negligent or incomplete inspection of a conveyance.

 

c)         Issuance of Administrative Citation

 

1)         OSFM may issue a written administrative citation. The citation shall specifically describe the nature of the violation and its location and shall include a reference to the particular Section of the Act or this Part or the specific standard alleged to have been violated.  The citation shall also state the amount of the fine levied in accordance with subsection (e) and the process for appeal.

 

2)         The person alleged to have committed the violation shall have 30 days from the date of service of the notice to notify the Board in writing of any intent to appeal the citation and fine.  If no notice of appeal is filed, the citation and penalty shall be deemed a final order of OSFM.

 

3)         Administrative citations and penalties issued under this Section shall not limit the authority of OSFM to issue orders, revoke permits, stop work on construction and/or order the electrical power to be disconnected, or take any other appropriate enforcement action.

 

d)         Appeal of a Citation

 

1)         A person who appeals a citation issued by OSFM shall be entitled to a hearing before the Board or the Board's designee within 90 days after filing the notice of appeal.  The 90 day time frame may be extended, with OSFM approval, if the appellant requests in writing additional time to prepare for the hearing.

 

2)         The Board shall provide a hearing notice to the appellant that shall include the following information:

 

A)        A statement of the time, place, and nature of the hearing;

 

B)        A statement of the legal authority and jurisdiction under which the hearing is to be held;

 

C)        A reference to the Sections of the Act and this Part involved and/or the specific State code involved;

 

D)        A short and plain statement of the matters at issue.

 

3)         The Board may appoint a hearing officer to hear evidence on any appeal, prepare findings and recommend a decision.

 

4)         The appellant may appear at the hearing with counsel, and may present evidence and cross-examine witnesses.

 

5)         An opportunity shall be given all parties to respond and present evidence and arguments on all issues involved.

 

6)         At the close of the evidence, the Board shall issue a written decision with findings of fact and conclusions of law determining whether a violation has occurred and the amount of any penalty, if any, to be assessed.

 

7)         Nothing in this Section shall prohibit the informal disposition of a citation by stipulation, agreed settlement, consent order, or default.  Informal disposition may proceed with clear and simple documentation without complete adherence to this Section.

 

e)         Administrative Penalty/Fine

 

1)         Any owner or lessee who violates any of the provisions of the Act or this Part shall be subject to a fine not to exceed $1,500 per day for each violation [225 ILCS 312/110(b)].  Violation of the Act by any licensee shall be subject to the penalties under Section 65 of the Act.

 

2)         Licensure Violation

 

A)        The fine shall not exceed $2,000 for each instance for any person or business that performs elevator work without being properly licensed as required by this Part.

 

B)        The fine shall not exceed $2,000 for each instance for any contractor that allows an individual who does not possess a valid license required by this Part to perform work on a conveyance covered by the Act.

 

C)        OSFM may suspend or revoke any license when the licensee fails to pay assessed penalties or willfully or repeatedly violates the Act or this Part.

 

(Source:  Amended at 36 Ill. Reg. 13131, effective October 1, 2012)

 

Section 1000.180  Service or Inspection of Non-Compliant Conveyances

 

a)         Inspectors, contractors and mechanics are not permitted to service an unregistered existing conveyance that is required by the Act to be registered without prior permission from OSFM, except as provided in this Section.

 

b)         Licensed elevator contractors and licensed inspection companies shall request from the conveyance owner the conveyance's registration number and a copy of the current Certificate of Operation.  A 60-day one-time extension may be obtained upon request from OSFM so that a conveyance owner can schedule an inspection or service to be performed in order to register a conveyance or obtain a Certificate of Operation.  Forms for submitting an extension request are available on the OSFM website at www.sfm.illinois.gov under the Elevator Safety link.  In municipalities that have a local elevator agreement with OSFM, the conveyance owner must apply to the Local Administrator for the 60-day extension to obtain a current Certificate of Operation.

 

c)         Exceptions to Obtaining Advance Permission from OSFM or the Local Administrator to Work on a Non-Compliant Conveyance

 

1)         All Elevators and Conveyances

Should a situation occur in which an elevator contractor has been contacted to remove a trapped or injured person from a conveyance or render the conveyance out of service for reasons of safety, the licensee may perform that work, but must notify OSFM via email or phone call the next business day after performing the service.

 

2)         Registered Conveyances with an Expired Certificate of Operation

 

A)        The inspection company may have its licensed inspector perform the requested inspection prior to receiving permission from OSFM or the Local Administrator, provided the inspection company notifies OSFM or the Local Administrator via email or phone call or other means the next business day, providing the location of the conveyance that is registered but lacks a current Certificate of Operation.  The inspector may put the conveyance out of order if he/she determines the conveyance is unsafe to operate.

 

B)        A licensed mechanic may work on a conveyance with an expired Certificate of Operation if there is a final inspection report not older than 30 days posted in the equipment room prior to the conveyance owner applying for and receiving its annual Certificate of Operation.  Should the inspection report be older than 30 days, the elevator contractor/mechanic must notify OSFM or the Local Administrator via email or phone call or other means the next business day, providing the location of the conveyance.

 

(Source:  Amended at 48 Ill. Reg. 825, effective December 28, 2023)

 

Section 1000.190  Conveyance Maintenance, Repair, and Upgrade History

 

All licensed conveyance contractors shall maintain records on all work conducted for a period of at least 10 years.  Records shall be organized by location and conveyance registration number for ease of review.

 

(Source:  Added at 36 Ill. Reg. 13131, effective October 1, 2012)