HomeMy WebLinkAboutRes 42-12 11/07/2012 An Agreement with the Office of the State Fire Marshall - Elevator Safety ProgramRESOLUTION NO. 42 -12
A RESOLUTION AUTHORIZING AN AGREEMENT
WITH THE OFFICE OF THE STATE FIRE MARSHAL THAT ALLOWS THE VILLAGE
TO OPERATE AN ELEVATOR SAFETY PROGRAM AND TERMINATES
A PRIOR SIMILAR AGREEMENT WITH THE OFFICE OF STATE FIRE MARSHAL
WHEREAS, in 2007 the State of Illinois adopted the Elevator Safety Act, 225 ILCS 312/1 et
seq., which regulates the construction of new elevators and the annual inspection and
enforcement of existing elevators; and
WHEREAS, in order for the Village of Mount Prospect to maintain a local elevator inspection
program, the Village must enter into an agreement with the Office of the State Fire Marshal
(OSFM) that permits the Village to operate an Elevator Safety Program in conformity with
Section 140 of the Elevator Safety Act, 225 ILCS 312/140, and the Administrative Rules
adopted at 41 III. Adm. Code 1000; and
WHEREAS, the Village entered into a similar agreement with the OSFM on April 29, 2008,
pursuant to Resolution No. 19 -08 (the "Initial Agreement "), and OSFM has requested the Village
to enter into a revised agreement (the "Revised Agreement "), which addresses programmatic
modifications implemented by the OSFM; and
WHEREAS, the President and Board of Trustees believe is in the best interest of the Village, its
residents and businesses to maintain local authority of its elevator inspection program.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, PURSUANT TO ITS
HOME RULE POWERS:
SECTION ONE: That the President and Board of Trustees of the Village of Mount Prospect
hereby authorize the Village's Director of Community Development to execute the Revised
Agreement with the Office of the State Fire Marshal, a copy of which is attached hereto and
made a part hereof as Exhibit "A."
SECTION TWO: That the Initial Agreement executed by the Village and the Office of the State
Fire Marshal shall be terminated upon the date that the Revised Agreement becomes effective.
SECTION THREE That this Resolution shall be in full force and effective from and after its
passage and approval in the manner provided by law.
AYES: Hoefert, Juracek, Korn, Matuszak, Polit, Zadel
NAYS: None
ABSENT: None
PASSED and APPROVED this 7th day of November, 2012.
Past Qu rrrr, Governor Lany Matkal s, State Fire Marshal
Office of the State Fire Marshal
ILLINOIS ELEVATOR SAFETY PROGRAM AGREEMENT
This Agreement is made between the Office of the State Fire Marshal ( "OSFM ") and the municipality or
county ( "Local Authority") as hereinafter identified.
This Agreement constitutes a contract between the OSFM and Local Authority which permits the Local
Authority to operate an Elevator Safety Program ( "Program ") In conformity with Section 140 of the
Elevator-Safety Act (225 ILCS 312/140) and the Administrative Rules adopted at-41 Ill.-Adm. Code 1004:
In that regard, the Local Authority agrees to the following:
1. This Agreement will become effective on the date it is accepted by the OSFM and shall remain
valid for a period of four (4) calendaryears thereafter. Prior to the expiration of this Agreement,
the Local Authority shall reapply for approval of its PROGRAM by submitting to the OSFM the
information detailed in Section 2, below.
2. The Local Authority shall submit to the OSFM, along with this Agreement executed by an officer
of the local Authority, the following information and shall notify the OSFM in writing of any
changes to subsections "A" and "B" thereafter during the term of this Agreement:
A. The name and contact information of its Program administrator. It is the responsibility
of the Local Authority to notify the OSFM of any changes to this information.
B. The name and contact information of any third party inspection company /les under
contract with the Local Authority or the name and license number of the inspector(s)
employed by the Local Authority to perform such inspections.
C. The number and type of conveyances covered by the Program.
D. The number and type of conveyances NOT covered by the Program, if any. These
records shall be maintained by the Local Authority.
3. The Local Authority, by signing this Agreement, attests to the OSFM that it will enforce safety
standards, codes and regulations at least as stringent as those adopted in the current version of
the Illinois Elevator Safety Rules, 41111. Adm. Code 100.60. The Local Authority also agrees to
amend and enforce its Program, as required by Section 6(I) of this Agreement, to reflect
subsequent amendments to the safety standards, codes and regulations adopted by the Illinois
Elevator Safety Rules.
4. F Should the Local Authority desire to amend any of the Standards, the Local Authority must
submit to the OSFM, for approval by the Illinois Elevator Safety Review Board ( "Board ""), a copy
of the amendment and its reason for the change. The Board shall review the amendment and
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notify the Local Authority no later than 30 days after the Board meeting at which the variance
request is heard of its approval or denial.
5. With respect to ASME A17.3 -2005, Safety Code for Exlstfng Elevators and Escolotors, upgrades
required by Section 35(h) must be completed no later than January 1, 2015. By signing this
Agreement, the Local Administrator recognizes that Public Act 97 -1048 adjusted the compliance
date for upgrade requirements to the restricted opening of hoistway doors or car doors on
passenger elevators from January 1, 2015 to January 1, 2014.
An existing conveyance is a conveyance located in a building for which a building permit was
issued prior to the effective date of the Administrative Rules which were adopted in
conformance with the Elevator Safety and Regulation Act.
6.. The Local Authority by signing this Agreement agrees to operate its Program in compliance and
conformance with the Elevator Safety and Regulation Act and Administrative Rules. Under the
Program, the Local Authority shalt:
A. Issue construction and alteration permits and certificates of operation.
B. Consider requests to extend the time frame for construction or alteration permits. Such
requests shall be granted for an additional 12 months if the request is received by the
Local Authority prior to expiration of the existing permit. Extension requests received
by the Local Authority after the expiration of the existing permit shall be denied,
requiring a new application that must be accompanied by payment of the current fee
charged by the Local Authority.
C. Provide for inspection of elevators, including temporary operation inspections.
Q. 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
publlc safety and welfare. The OSFM shall be notified immediately by mail of any
exception or variance granted. The OSFM may object to such exception or variance
within 7 business days of receipt of the notice. Should the OSFM and Local Authority
not reach agreement on the exception or variance, the matter shall be directed to the
Elevator Safety Review Board ( "Board ") to hear and decide.
E. Enforce the applicable provisions of the Elevator Safety Act, and levy fines in accordance
with the Municipal Code [65 ILLS 5] or Counties Code [551LCS 5].
F. Maintain for inspection by the OSFM the following documentation and information, all
of which shall be maintained for a 2 -year period:
1) All permit applications;
2) All permits issued by the Local Authority;
3) All exceptions or variances granted or denied;
4) All inspection reports for conveyances subject to the Program; and
5) Proper records demonstrating the number of certificates of operation Issued by the
Local Authority
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G_
K.
Ensure that all inspections are performed by personnel properly licensed by the State.
Notify the OSFM of any instances of non - compliance with the Elevator Safety Act and /or
Administrative Rules of which it becomes aware.
Amend its Program within 90 days of receipt of notice from the OSFM informing them of
changes to any form, document, the Standards and /or rules that affect the Program.
To notify the OSFM at least 90 days in advance of the date the Local Authority elects to
discontinue its Program.
To require all conveyances in its jurisdiction to register and pay the associated fee to the
OSFM and to put out -of- service and report to the OSFM the names of the owners of
those conveyances that fail to register within 30 days of determination that the
conveyance is not registered.
L To make itself available, upon reasonable notice, to meet with the Administrator or its
representatives, to ensure compliance with the Elevator Safety Act and Administrative
Rules.
7. In accordance with the Elevator Safety and Regulation Act and the Administrative Rules, with
the exception of the registration fees, the fees and procedures for applications, permits,
inspection and enforcement under the Local Authority's Program shall remain the jurisdiction of
the Local Authority and such procedures shall take precedence over the procedures adopted by
the OSFM and Board.
B. Should the OSFM determine that the Program does not meet the requirements of the Elevator
Safety and Regulation Act or the Administrative Rules, the OSFM shall notify the Local Authority
of the corrective actions needed to bring the Program Into compliance. Should the Local
Authority fail to make the corrections, the OSFM may, after allowing time for corrective action
and after a hearing under Section 160 of the Administrative Rules, withdraw approval of the
Program.
9. A copy of the Administrative Rules (41 Ill. Admin_ Code 1000) is available at
* http: / /www.ilga.aov/ commission /icar /admincode /tities_html once published.
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Revised 10/10/12
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Office of the State Fire Marshal
Irvana K- Wilks
1035 Stevenson Drive
Local Authority Name
Springfield, IL 62703
`
(217) 785 -0969
Signature of Officer
Accepted by:
Irvana K. Wilks
Printed Name
Mayors
T. MatUitis, State Fire Marshal
Title
Lawrence
50 S
Date
Address
� �—
Mount Prospect, IL 60056
City /State /Zip
847.392.6000
Telephone Number
November 8, 2012
Date
Revised 10/10/12
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