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2021-22 - APPROVING THE ILLINOIS ELEVATOR SAFETY PROGRAM AGREEMENT - 09/20/2021 RESOLUTION NO.2021-22 A RESOLUTION APPROVING THE ILLINOIS ELEVATOR SAFETY PROGRAM AGREEMENT WHEREAS, the Village of Buffalo Grove is a home rule unit, pursuant to the Constitution of the State of Illinois; and WHEREAS, the Village desires to operate an Elevator Safety Program ("Program") in conformity with Section 140 of the Elevator Safety Act (225 ILSC 312/140) and the Administrative Rules adopted at 41 ILL.ADM. CODE 1000; and WHEREAS, an Illinois Elevator Safety Program Agreement between the Office of the State Fire Marshal ("OSFM") and the Village is necessary in order for the Village to operate an Elevator Safety Program. NOW,THEREFORE,BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE,COOK AND LAKE COUNTIES, ILLINOIS as follows: 1. The attached Illinois Safety Program Agreement, attached hereto as Exhibit "A", is hereby approved and the Village President is authorized and directed to execute said Agreement. 2. This Resolution shall be effective from and after its passage and approval. AYES: 6—Stein Ottenheirner,Weidenfeld,Johnson Smith Pike NAYES: 0—None ABSENT: 0—None PASSED: Septernper 20 2021. APPROVED: September 20 2021 APPROVED, Waamdla Beverly Sussm illage President ATTEST: Janet irabian,Village Clerk JB Pritzker, Governor Matt Perez, State Fire Marshal Office of the State Fire Marshal m 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 III. Adm. Code 1000. 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) calendar years 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/is 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,41 III. 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. 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 1 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 Existing Elevators and Escalators, 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 shall: 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, D. 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. 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 ILCS 5] or Counties Code [55 ILCS 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 2 G. Ensure that all inspections are performed by personnel properly licensed by the State. H, Notify the OSFM of any instances of non-compliance with the Elevator Safety Act and/or Administrative Rules of which it becomes aware. I. 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 OSFIVI at least 90 days in advance of the date the Local Authority elects to discontinue its Program. K. To require all conveyances in its jurisdiction to register and pay the associated fee to the OSFIVI 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. 8. 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 III. Admin. Code 1000) is available at "httr)://www.,iiRa.Rov/comrTiission 'car/admincode/taitles.html" once published. 3 I Ila V 0T f- Office of the State Fire Marshal Local,Auth rity I me 1035 Stevenson Drive Springfield, IL 62703 (217)785-0969 Signature of wr m' TkVC"'t'4 Accepted by: Printed Name v'ok ?resZdew+ Title Matt Perez, State Fire Marshal Address Date &GFe 1- L City/State/Zip 641 - 459- 25� Telephone Number q��-lava I Date Revised 04/12/16 4