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G-871 - 10/14/2008 - COMMUNITY DEVELOPMENT - Ordinances Supporting DocumentsF \ J AGENDA ITEM Regular Board of Trustees Meeting of October 14, 2008 SUBJECT: Elevator Safety Standards FROM: Mark Sterk, Village Attorney BUDGET SOURCE /BUDGET IMPACT: N/A I'I EAH 6, F . ' 0".., �� 4 YT S $ y > ` > RECOMMENDED MOTION: I Move For Passage Of Ordinance G -871, An Ordinance Updating the Village's Elevator Standards and Amending Section 10 -1 -1 of the Village Code of the Village of Oak Brook, Illinois Background /History: I have been directed to prepare the attached Ordinance which updates the Village's elevator safety standards so that they are in compliance with the Illinois Elevator Safety Act. Recommendation: I recommend that this Ordinance be passed. ORDINANCE 2008- CD- BC -ELV -G -871 AN ORDINANCE UPDATING THE VILLAGE'S ELEVATOR STANDARDS AND AMENDING SECTION 10 -1 -1 OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK WHEREAS, the Elevator Safety Act, 225 ILCS 312/140 requires municipalities to develop a safety program for elevators; and WHEREAS, the President and Board of Trustees recognize that the adoption of such a safety program will promote the public health, safety and welfare NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS, as follows Section 1 The foregoing preambles are restated and incorporated herein by reference as though fully set forth herein Section 2 Section10 -1 -1 of the Village Code is amended by deleting the existing text under the heading SAFETY CODE FOR ELEVATORS AND ESCALATORS and substituting the following in lieu thereof 1 American Society of Mechanical Engineers (ASME) Three Park Avenue New York, New York 10016 -5990 A Safety Code of Elevators and Escalators (ASME A171- 2007 /CSA B44 -07) and Performance -Based Safety Code of Elevators and Escalators (ASME A17 1- 2007 /CSA B44 7 -07); B Guide for Inspection of Elevators, Escalators and Moving Walks (ASME A17 2 -2004) C Safety Code for Existing Elevators and Escalators (ASME A17 3 -2005) upgrades required by application of the Safety Code for Existing Elevators and Escalators must be completed by no later than January 1, 2013 D Safety Standard for Platform Lifts and Stairway Chairlifts (ASME A18 1 -2005) E Standard for the Qualification of Elevator Inspectors (ASME QEI -1 -2004) 2 American National Standards Institute (ANSI) 25 West 43rd Street New York, New York 10036 Safety requirements for Personnel Hoists and Employee Elevators (ANSI A10 4 -2004) 3 American Society of Civil Engineers (ASCE 21 -2000) 1801 Alexander Bell Drive Reston, Virginia 20191 -4400 Automated People Mover Standards (ASCE 21 -2000) Ordinance 2008- CD- BC -ELV -G -871 Updating Elevator Standards Page 2 of 2 Section 3 If any section, paragraph, clause or provision of this ordinance shall be held Invalid, the Invalidity thereof shall not affect any of the other provisions of this ordinance Section 4 All ordinances in conflict herewith are hereby repealed to the extent of such conflict Section 5 This ordinance shall be In full force and effect from and after its passage, approval and publication as provided by law Ayes Nays Absent APPROVED THIS 14th day of October, 2008 John W Craig Village President PASSED THIS 14th day of October, 2008 ATTEST- Charlotte K Pruss Village Clerk M ik ; 1 lam y AGENDA ITEM Regular Board of Trustees Meeting of September 23, 2008 SUBJECT: Amendment — Title 10, Building Regulations — Elevator Code FROM: Robert L. Kallien, Jr., AICP, Community Development Director BUDGET SOURCE/BUDGET IMPACT: N/A ITEAM 6,H. WIN RECOMMENDED MOTIONS: I move to amend Title 10 - Building Regulations of the Village of Oak Brook by adopting the current elevator codes and ordinances of the State of Illinois and authorize the Village Attorney to prepare the necessary ordinance for final consideration at the October 14, 2008 Board of Trustees meeting. Backllround/History: The Village of Oak Brook has received information from the Office of the Illinois State Fire r Marshal regarding Section 140 of the Elevator Safety Act 225 ILCS 312/140 and the Administrative Rules adopted at 41 ILL. Adm. Code 1000 — effective April 24, 2007, which requires Illinois municipalities to enter into a safety program for elevators. If this safety program is not entered to, Oak Brook would no longer be permitted to inspect elevators within its jurisdiction and that responsibility would be transferred to the State Fire Marshal's office. It should be noted that Public Act 095 -0767, which was signed by the Governor on July 29, 2008 extends all compliance dates in the elevator code to 2013. In order to maintain consistency with the State of Illinois elevator requirements, the following standards must be adopted by the Village of Oak Brook: 1. American Society of Mechanical Engineers (ASME) Three Park Avenue New York, NY 10016 -5990 A) Safety Code of Elevators and Escalators (ASME A 17.1- 2007 /CSA B44 -07) and Performance -Based Safety Code for Elevators and Escalators (ASME A17.1- 2007 /CSA B44.7 -07); 4M BOT- Elevator Code -Adopt State Regulations -IA- REVISED doc B) Guide for Inspection of Elevators, Escalators, and Moving Walks (ASME A17.2- 2004); C) Safety Code for Existing Elevators and Escalators (ASME A17.3 -2005) (upgrades required by application of the Safety Code for Existing Elevators and Escalators must be completed no later than January 1, 2013; D) Safety Standard for Platform Lifts and Stairway Chairlifts (ASME A18.1- 2005); E) Standard for the Qualification of Elevator Inspectors (ASME QEI -1 -204). 2. American National Standards Institute (ANSI) 25 West 43rd Street, 4th Floor New York, NY 10036 Safety Requirements for Personnel Hoists and Employee Elevators (ANSI A 10.4- 2004). 3. American Society of Civil Engineers (ASCE) 1801 Alexander Bell Drive Reston, VA 20191 -4400 Automated People Mover Standards (ASCE 21- 2000). I have discussed these text amendments with the Village's Elevator Inspection Consultants (EIS) and they concur with my recommendation to adopt the current State of Illinois elevator regulations. Attachments BOT- Elevator Code -Adopt State Regulations -IA- REVISED doc Page 1 of 3 M A I V ADMINISTro--xT E ODE TITLE 41: FIRE PROTECTION CHAPTER 11: ELEVATOR SAFETY REVIEW BOARD PART 1000 ILLINOIS ELEVATOR SAFETY RULES SECTION 1000.40 LOCAL REGULATION Section 1000.40 Local Regulation a) Authorization of Local Programs A municipality or county may issue permits and may enter into a contract with the OSFM under which the municipality or county will operate a local program, provided that the local program safety standards, codes and regulations are at least as stringent as those adopted in this Part, to. 1) Issue construction permits and certificates of operation; 2) Provide for inspection of elevators, including temporary operation inspections; and 3) Enforce the applicable provisions of the Act. [225 1 LCS 312/140(a)] b) Approval by the Board 1) Application Any municipality or county that chooses to inspect, license or otherwise regulate conveyances must apply to the Board 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 the Board may request. The form shall be provided by the OSFM. 2) Approval and Program Agreement If the OSFM determines that the local program will be at least as stringent as the requirements of the Act and this Part, the OSFM will so notify the local program. Each municipality or county approved by the Board 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 Initial applications for approval of local programs existing when this Part is adopted must be submitted to the Board. Municipalities or http: / /www.ilga.gov /commission/jcar /admincode /041 /041010000000400R.html 9/2/2008 Page 2 of 3 counties having conveyance safety inspection programs existing on the effective date of this Part that are in substantial conformance with this Part may continue to operate those programs pending approval by the Board The OSFM shall be responsible for oversight and concurrent enforcement during the period between application and approval of local programs. 4) Annual Review Board approval of local programs is renewable annually C) Local Ordinances, Resolutions and Regulations The municipality or county must enact enabling ordinances or resolutions creating the local program and adopt standards and regulations at least as stringent as those provided in this Part. Variances to standards and regulations adopted by a local program shall not become final until ratified by the Board. d) Local Enforcement Within the jurisdiction of an approved local program, except as otherwise provided in this subsection (d), 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 the OSFM in accordance with Section 80 of the Act and Section 1000.120 of this Part e) Reporting and Recordkeeping 1) Annual Report The municipality or county shall submit an annual report to the OSFM documenting the standards and regulations enforced by the municipality or county and the number of inspections performed and permits issued. 2) Other Reporting The OSFM may require additional reports and information to be provided on a periodic basis to assure that local programs are operating in conformance with the Act. 3) Recordkeeping A municipality or county that operates a local program shall maintain for inspection by the OSFM copies of all inspection reports, permit applications and permits issued, and shall maintain a record of the number of certificates of operation issued by that jurisdiction. These records must be maintained for at least one year A copy of permits issued shall also be forwarded to the OSFM. f) Discontinuance of a Local Program 1) Discontinuance by the Local Jurisdiction Should a local program determine to discontinue inspecting, http: / /www.ilga.gov /commission/jcar /admincode /041 /041010000000400R.html 9/2/2008 Page 3 of 3 licensing, or otherwise regulating conveyances, the local program administrator shall notify the OSFM 90 days prior to termination of the program. The municipality or county shall make available to the OSFM program records and documents necessary for the OSFM to maintain regulatory continuity. 2) Discontinuance by the Board The OSFM shall monitor the local programs and report to the Board whenever a program is found to not meet the requirements of the Act and this Part. The Board shall review the report and notify the municipality or county of corrective actions needed to be taken to bring its program into compliance. The Board may, after allowing time for corrective action and after a hearing under 41 III Adm Code 210 and Section 1000 160 of this Part, withdraw approval of a non- compliant local program http: / /www.ilga.gov/ commission /jcar /admincode /041 /041010000000400R.html 9/2/2008 Page 1 of 2 7 s TITLE 41: FIRE PROTECTION CHAPTER II: ELEVATOR SAFETY REVIEW BOARD PART 1000 ILLINOIS ELEVATOR SAFETY RULES SECTION 1000.140 CONVEYANCE INSPECTION Section 1000.140 Conveyance Inspection a) Acceptance Inspections All new conveyance installations shall be inspected and, based on that inspection, shall, prior to initial use, receive a Certificate of Operation from the OSFM. All new conveyance installations shall be performed by a licensed elevator contractor who shall, subsequent to inspection, 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 insure 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) Subsequent to inspection, the licensed elevator inspector must supply the property owner and the OSFM with a written inspection report describing any and all violations. 4) 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)] Existing conveyances shall comply with the time limits provided in Section 1000 60(a)(1)(C) 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. 5) The OSFM 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)] http: / /www.ilga.gov /commission/jcar /admincode /041 /041010000001400R.html 9/2/2008 Page 2 of 2 6) All tests shall be performed by a licensed elevator mechanic or licensed limited elevator mechanic who is licensed to perform work on that particular type of conveyance. [225 ILCS 312/120(c)] C) Random Inspections As authorized by Section 105(a) of the Act, the OSFM may conduct random on -site inspections and tests on existing installations d) 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 they are not inspecting their own work 3) The Board may grant exceptions and allow Category 1 Pressure Tests (see ASME Al 7.1) of elevators to be witnessed by a licensed inspector employed by a licensed contractor, provided that a separate licensed mechanic performs the tests, in the event that there are insufficient independent licensed inspectors available. (Source- Amended at 32 III. Reg 8377, effective May 27, 2008) http: / /www.ilga.gov /commission/jcar /admincode /041 /041010000001400R.html 9/2/2008 Illinois General Assembly - Full Text of Public Act 095 -0767 Public Act 095 -0767 SB0886 Enrolled AN ACT concerning regulation. LRB095 05651 RAS 25741 b Be it enacted by the People of the State of Illinois, represented in the General Assembly: Section 5. The Elevator Safety and Regulation Act is amended by changing Section 125 as follows: (225 ILLS 312/125) (Section scheduled to be repealed on January 1, 2013) Sec. 125. State law, code, or regulation; rule compliance. Whenever a provision in this Act is found to be inconsistent with any provision of another applicable State law, code, or rule, the State law shall prevail. This Act, unless specifically stated otherwise, is not intended to establish more stringent or more restrictive standards than standards set forth in other applicable State laws. Any rule adopted under this Act that requires compliance specifically beginning in 2009 and any rule adopted under this Act that requires compliance specifically beginning in 2011 shall be deemed to require compliance beginning in 2013 instead of 2009 or 2011. (Source: P.A. 92 -873, eff. 6- 1 -03.) Section 99. Effective date. This Act takes effect upon becoming law. Effective Date: 7/29/2008 Page 1 of 1 http: / /www.ilga.gov/ legislation 1publicacts /fulltext. asp ?Name= 095- 0767 &print = true &write= 9/17/2008