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91_HB0233eng
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1 AN ACT concerning the regulation of electricians.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Electrician Licensing Act.
6 Section 5. Purpose and policy. It has been established
7 by documented evidence that improper electrical wiring can
8 adversely affect the well being of the public. Improper
9 electrical wiring can cause fires due to short circuits and
10 overloading of protection devices. Faulty wiring is
11 potentially lethal and can cause widespread fires with
12 disastrous consequences to persons and property. To protect
13 the health of the public, it is essential that electrical
14 wiring be installed by persons who have proven their
15 knowledge of physics and mathematics and their skill in
16 installing electrical wiring.
17 Consistent with its duty to safeguard the health of the
18 people of this State, the General Assembly declares that
19 individuals who plan, inspect, install, alter, extend,
20 repair, and maintain electrical wiring systems shall be
21 individuals of proven skill. Further, the General Assembly
22 declares that a guide for minimum control of electrical
23 materials and equipment, the design of electrical systems,
24 and the construction and installation methods of electrical
25 systems is essential for the protection of public health. In
26 order to insure proper electrical wiring practice, this Act
27 provides for the licensing of electricians and electrical
28 contractors and inspectors and for the adoption of the
29 National Electrical Code as standards by the Department. This
30 Act is therefore declared to be essential to the public
31 interest.
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1 Section 10. Definitions. As used in this Act:
2 "Board" means the Illinois State Board of Electrical
3 Examiners.
4 "Department" means the Illinois Department of Labor.
5 "Director" means the Director of the Illinois Department
6 of Labor.
7 "Electrical contractor" means a person, firm, or
8 corporation operating a business that undertakes or offers to
9 undertake to plan for, lay out, supervise, or install or to
10 make additions, alterations, maintenance, or repairs in the
11 installation of wiring, apparatus or equipment for electric
12 light, heat, or power with or without compensation and who is
13 licensed as an electrical contractor by the Department of
14 Labor. An electrical contractor's license does not of itself
15 qualify its holder to perform the electrical work authorized
16 by holding any class of electrician's license. "Electrical
17 contractor" shall not include any manufacturing corporation
18 that engages in the activities described in this paragraph
19 incidental to operation or maintenance of its existing
20 business and facilities; however, a manufacturing corporation
21 that is involved in new construction that results in the
22 expansion of its existing business and facilities is included
23 in the definition of "electrical contractor".
24 "Governmental unit" means a city, village, incorporated
25 town, or county.
26 "Journeyman electrician" means a person having the
27 necessary qualifications, training, experience, and technical
28 knowledge to wire for, install, maintain, and repair
29 electrical wiring, apparatus, and equipment who is licensed
30 as a journeyman electrician by the Department of Labor.
31 "Master electrician" means a person having the necessary
32 qualifications, training, experience, and technical knowledge
33 to install, maintain, and repair and to properly plan, lay
34 out, and supervise the installation of wiring, apparatus, and
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1 equipment for electric light, heat, power, and other purposes
2 who is licensed as a master electrician by the Department of
3 Labor.
4 "Owner" means a natural person who physically performs
5 electrical work on premises the person owns and actually
6 occupies as a single family residence or owns and will occupy
7 as a single family residence upon completion of construction.
8 "Registered apprentice" means a person registered with
9 the Department of Labor, who is learning the trade under the
10 supervision of a licensed electrician.
11 "Residential electrician" means a person having the
12 necessary qualifications, training, experience, and technical
13 knowledge involving the construction, wiring, alteration,
14 maintenance, or repair of single family houses or apartment
15 buildings and who is licensed as a residential electrician by
16 the Department of Labor.
17 "Supervision" means any new electrical work done by a
18 registered apprentice electrician must be inspected at least
19 once after initial rough-in and once upon completion by an
20 Illinois licensed electrician. In addition, all renovation,
21 alteration, repair, extension, modification, and maintenance
22 work done by a registered apprentice electrician on an
23 existing electrical system must be approved by an Illinois
24 licensed electrician.
25 Section 15. Board of Electrical Examiners.
26 (a) There is created the Illinois State Board of
27 Electrical Examiners which shall exercise its duties provided
28 in this Act under the supervision of the Department of Labor.
29 The Board shall consist of 11 members appointed by the
30 Director of Labor. The Board shall be composed of 3 licensed
31 master electricians, 3 licensed electrical contractors, one
32 licensed electrical engineer, one electrical inspector
33 employed on a full time basis by a governmental unit, one
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1 representative of a public utility, the State Fire Marshal,
2 and a member of the general public. In making the
3 appointments to the Board, the Director shall consider the
4 recommendations of individuals, firms, or organizations
5 involved in electrical wiring installation in this State.
6 Members of the Board shall serve 4 year terms and until their
7 successors are appointed and qualified. The initial
8 appointments, however, shall be as follows: 3 members for
9 terms of 2 years, 3 members for 3 years, and 4 members for 4
10 years. The State Fire Marshal's service on the Board shall be
11 continuous. Board members shall receive no compensation but
12 shall be reimbursed for expenses incurred in connection with
13 their duties as Board members.
14 (b) The Board shall aid the Director and the Department
15 by:
16 (1) preparing subject matter for examinations as
17 provided in this Act;
18 (2) suggesting rules to govern examinations and
19 hearing for suspension, revocation, or reinstatement of
20 licenses;
21 (3) submitting recommendations to the Director from
22 time to time for the efficient administration of this
23 Act;
24 (4) grading all tests and examinations for licenses
25 and promptly reporting the results to the Director; and
26 (5) performing other duties from time to time
27 prescribed by the Director.
28 Section 20. Powers and duties of the Director. The
29 Director shall:
30 (a) prepare forms for application for examination
31 for master, journeyman, and residential licenses;
32 (b) prepare and issue licenses as provided in this
33 Act;
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1 (c) with the aid of the Board, prescribe rules and
2 regulations for examination of applicants for master,
3 journeyman, and residential licenses;
4 (d) with the aid of the Board, prepare and give
5 uniform and comprehensive examinations to applicants for
6 master, journeyman, and residential licenses that shall
7 test their knowledge and qualifications in the planning
8 and design of electrical systems, their knowledge,
9 qualifications, and manual skills in electrical
10 installations, and their knowledge of the National
11 Electrical Code relating to materials, design, and
12 installation of methods of electrical systems;
13 (e) issue master, journeyman, and residential
14 licenses and license renewals to every applicant who has
15 passed the examination and who has paid the required
16 license and renewal fee;
17 (f) prescribe rules for hearings to deny, suspend,
18 revoke, or reinstate licenses as provided in this Act;
19 (g) maintain a current record showing (i) the names
20 and addresses of licensed master, journeyman, and
21 residential electricians and registered apprentices; (ii)
22 the dates of issuance of licenses; (iii) the date and
23 substance for the charges set forth in any hearing for
24 denial, suspension, or revocation of any license; (iv)
25 the date and substance of the final order issued upon a
26 hearing; and (v) the date and substance of all petitions
27 for reinstatement of license and final orders on
28 petitions;
29 (h) establish and collect fees for the examination,
30 issuance, and renewal of licenses;
31 (i) provide for the inspection of new electrical
32 installations in construction, remodeling, replacement,
33 maintenance, and repair work;
34 (j) establish and collect fees for the handling and
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1 inspection of new electrical installations; and
2 (k) formulate and publish rules necessary or
3 appropriate to carrying out the provisions of this Act.
4 Section 25. Licenses.
5 (a) Master electrician. Except as otherwise provided by
6 law, no person shall plan, install, repair, maintain, lay
7 out, or supervise the installation of wiring, apparatus, or
8 equipment for electrical light, heat, power, or other
9 purposes unless the person is:
10 (1) licensed by the Department as a master
11 electrician; and
12 (2) the work is for a licensed electrical
13 contractor and the person is the licensed electrical
14 contractor or an employee, partner, or officer of the
15 licensed electrical contractor, or the work is performed
16 for the person's employer on electrical equipment,
17 apparatus, or facilities owned or leased by the employer
18 that is located within the limits of property owned or
19 leased, operated, and maintained by the employer.
20 An applicant for a master electrician's license shall (i)
21 be a graduate of a 4-year electrical course in an accredited
22 college or university; (ii) have had at least one year's
23 experience, acceptable to the Board, as a licensed
24 journeyman; (iii) have had at least 5 years experience,
25 acceptable to the Board, in planning for, laying out,
26 supervising, and installing wiring, apparatus, or equipment
27 for electrical light, heat, and power; or (iv) have had at
28 least 6 years experience, acceptable to the Board, with an
29 electrical contracting company in planning, estimating,
30 laying out, and supervising, under the supervision of a
31 licensed master electrician, the installation of electrical
32 work for electric light, heat, and power.
33 (b) Journeyman electrician. Except as otherwise
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1 provided by law, no person shall wire for, install, maintain,
2 or repair electrical wiring, apparatus, or equipment, unless
3 the person is licensed by the Department as a journeyman
4 electrician employed by a licensed electrical contractor.
5 Nothing in this subsection (b), however, shall prohibit a
6 master electrician from performing the work of a journeyman
7 electrician.
8 An applicant for a journeyman electrician's license shall
9 have had at least 5 years of experience, acceptable to the
10 Board, in wiring for, installing, and repairing electrical
11 wiring, apparatus, or equipment. The Department, however, may
12 by rule or regulation provide for the allowance of one year
13 of experience credit for successful completion of a 2 year
14 post high school electrical course approved by the Board.
15 (c) Apprentices. Any person may work as an apprentice
16 to a licensed electrician who is enrolled in an approved
17 program, but shall do no electrical wiring except under the
18 on-the-job supervision of a licensed electrician.
19 (d) Residential electrician. Except as otherwise
20 provided by law, no person shall construct, wire, alter,
21 maintain, or repair single family houses or apartment
22 buildings unless the person is licensed by the Department as
23 a residential electrician employed by a licensed electrical
24 contractor. Nothing in this subsection (d), however, shall
25 prohibit a master electrician or journeyman electrician from
26 performing the work of a residential electrician.
27 An applicant for a residential electrician's license
28 shall have had at least 3 years of experience, acceptable to
29 the Board, in having the necessary qualifications, training,
30 and technical knowledge involving the construction, wiring,
31 alteration, or repair of single family houses or apartment
32 buildings. The Department, however, may by rule or regulation
33 provide for the allowance of one year of experience credit
34 for successful completion of a 2 year post high school
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1 electrical course approved by the Board.
2 (e) Contractors. Except as otherwise provided by law,
3 no person other than an employee of a licensed electrical
4 contractor as defined in this Act or an employee of a
5 manufacturing corporation that engages in activities
6 incidental to operation or maintenance of its existing
7 business and facilities shall undertake or offer to undertake
8 to plan for, lay out, supervise, or install or to make
9 additions, alterations, or repairs in the installation of, or
10 to maintain, wiring apparatus and equipment for electrical
11 light, heat, or power with or without compensation unless the
12 person obtains an electrical contractor's license. An
13 electrical contractor's license shall be issued by the
14 Department upon the contractor's giving bond to the State in
15 the penal sum of $5,000 conditioned upon the faithful and
16 lawful performance of all work entered into by the contractor
17 within the State of Illinois. The bond shall be for the
18 benefit of persons injured or suffering financial loss by
19 reason of failure of performance. The bond shall be filed
20 with the Department and shall be in lieu of all other license
21 bonds to any political subdivision. The bond shall be
22 written by a corporate surety licensed to do business in the
23 State of Illinois.
24 Each licensed electrical contractor shall have and
25 maintain in effect general liability insurance, that includes
26 premises and operations insurance and products and completed
27 operations insurance, with limits of at least $100,000 per
28 occurrence, $300,000 aggregate limit for bodily injury, and
29 property damage insurance with limits of at least $25,000 or
30 a policy with a single limit for bodily injury and property
31 damage of $300,000 per occurrence and $300,000 aggregate
32 limits. The insurance shall be written by an insurer
33 licensed to do business in the State of Illinois and each
34 licensed electrical contractor shall maintain on file with
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1 the Department a certificate evidencing insurance that
2 provides that the insurance shall not be cancelled without
3 the insurer first giving 15 days written notice to the
4 Department of the cancellation.
5 No contractor shall engage in business unless he or she
6 is or has in his or her employ a licensed master electrician,
7 who shall be responsible for the performance of all
8 electrical work in accordance with the requirements of this
9 Act. When an electrical contractor's license is held by an
10 individual, partnership, or corporation and the individual,
11 one of the partners, or an officer of the corporation,
12 respectively, is not the responsible master electrician of
13 record, all requests for inspection shall be signed by the
14 responsible master electrician of record. The application
15 for an electrical contractor's license must include a
16 verified statement that the designated responsible master
17 electrician is a full time employee of the individual,
18 partnership, or corporation applying for an electrical
19 contractor's license. For purposes of this Section, a full
20 time employee of a licensed electrical contractor is an
21 individual who is not employed in any capacity as a licensed
22 electrician by any other electrical contractor.
23 Section 30. Examination. In addition to other
24 requirements imposed by this Act and except as otherwise
25 provided in this Act, as a precondition to issuance of an
26 electrician's license, each applicant must pass a written
27 examination given by the Department for the type of license
28 sought to insure the competence of each applicant for
29 license. No person failing an examination may retake it for
30 6 months, but may, within 6 months, take an examination for a
31 lesser grade of license. Any licensee failing to renew his
32 or her license for 2 years or more after its expiration shall
33 be required to retake the examination before he or she is
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1 issued a new license.
2 Section 35. Experience requirements.
3 (a) Except as otherwise provided for a master
4 electrician's license under Section 25, an applicant for an
5 electrician's license shall meet the experience requirements
6 of this Section before examination for licensure.
7 (b) The maximum allowable credit for electrical
8 experience:
9 (1) before age 16 is 6 months;
10 (2) in the military service is 12 months;
11 (3) in foreign countries is 12 months; and
12 (4) acquired during the school term of an approved
13 post high school electrical course is 12 months.
14 (c) Experience in the categories of planning for the
15 installation of wiring, apparatus, and equipment for light,
16 heat, and power; laying out for the installation of wiring,
17 apparatus, and equipment for light, heat, and power;
18 supervising the installation of wiring, apparatus, and
19 equipment for light, heat, and power; and wiring and
20 installing electrical wiring, apparatus, and equipment for
21 light, heat, and power is acceptable to the Board in the
22 following situations:
23 (1) experience while in the employ of an electrical
24 contractor licensed under this Act;
25 (2) experience while working in Illinois for an
26 employer who is not required to be licensed as an
27 electrical contractor, if the work is inspected and done
28 under the supervision of a properly licensed electrician;
29 (3) experience while performing electrical work in
30 Illinois for an employer who is exempt from licensing
31 when the work is exempt from inspection or when the work
32 is performed on federal property by a federal employee,
33 if the Department has determined in either situation that
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1 the experience is substantially equal to that acquired in
2 performing work while in the employ of a licensed
3 electrical contractor;
4 (4) experience while performing electrical work
5 outside of Illinois, which the Department has determined
6 is substantially equivalent to the work performed while
7 in the employ of a licensed electrical contractor in
8 Illinois. This determination must be based on a
9 certification by the employer for the type of work
10 performed.
11 Section 40. Military exemption. The Department shall
12 reinstate a license that expires while a licensee is in
13 active Military Service of the United States upon application
14 to the Department by the licensee within 2 years after
15 termination of the military service, payment of the annual
16 license fee, and submission of evidence of the military
17 service. The license shall be reinstated without
18 examination and without payment of the lapsed renewal fee.
19 Section 45. License and renewal fees.
20 (a) All licenses issued under this Act shall expire
21 annually in a manner as provided by the Department.
22 (b) The Department shall provide for fees by rule;
23 however, the fees shall not exceed the following amounts:
24 (1) the application fee for a license or temporary
25 license, $100;
26 (2) the fee for renewal of a license, $25;
27 (3) the fee for reinstatement of a license that has
28 been expired for less than 2 years, $50 plus payment of
29 all unpaid renewal fees;
30 (4) the fee for restoration of a license that has
31 been expired for more than 2 years, $100;
32 (5) the fee for issuance of a duplicate license,
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1 the issuance of a replacement that has been lost or
2 destroyed, or the issuance of a license with a change of
3 name and address, other than during the renewal period,
4 $25;
5 (6) the fee for certification of a licensee's
6 record for any purpose, $25;
7 (7) the fee for rescoring of an examination, the
8 cost to the Department of rescoring the examination plus
9 any fees charged by the applicable testing service to
10 have the examination rescored;
11 (8) the fee for copies of a license, the actual
12 cost of producing the copies;
13 (9) the fee for a roster of persons licensed as
14 electricians, the actual cost of producing the roster;
15 (10) the fee for application for a license by an
16 electrician registered or licensed under the laws of
17 another state, $100.
18 Section 50. Denial, suspension, and revocation of
19 licenses. The Department may by order deny, suspend, revoke,
20 or refuse to renew a license, or may censure a licensee if it
21 finds that it is in the public interest to do so and that the
22 applicant or licensee:
23 (a) has filed an application for a license that is
24 incomplete in any material respect or contains any statement
25 that, in light of the circumstances under which it is made,
26 is false or misleading with respect to any material fact;
27 (b) has engaged in any fraudulent, deceptive, or
28 dishonest practice;
29 (c) has been convicted within the past 5 years of a
30 misdemeanor involving a violation of this Act; or
31 (d) has violated or failed to comply with this Act or
32 its rules or any order issued under this Act. A violation
33 need not be willful.
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1 The Department may adopt rules further specifying and
2 defining actions and omissions that constitute fraudulent,
3 deceptive, or dishonest practices, and establishing standards
4 of conduct for licensees.
5 Section 55. Grounds for suspension of license. The
6 Department may temporarily suspend a license and call for a
7 hearing when findings show one or more of the following:
8 (a) That the licensee obtained or conspired with others
9 to obtain a license by inducing the issuance of the license
10 in consideration of the payment of money or delivery of any
11 other thing of value or by and through misrepresentation of
12 facts.
13 (b) That the licensee willfully violated any law of this
14 State or any rules, regulation, or code regulating electrical
15 wiring installations, licensed electricians, or registered
16 apprentice electricians.
17 (c) That the licensee has been guilty of negligence or
18 incompetence in the performance of installation of electrical
19 wiring.
20 (d) That the licensee has loaned or in any manner
21 transferred his or her license to another person.
22 If a license is suspended or revoked, the license shall
23 be surrendered to the Department but it shall be returned to
24 the licensee upon the termination of the suspension period.
25 The Department may refuse to issue or may suspend the
26 license of any person who fails (i) to file a return, (ii) to
27 pay the tax, penalty, or interest shown in a filed return, or
28 (iii) to pay any final assessment of tax, penalty, or
29 interest, as required by any tax Act administered by the
30 Illinois Department of Revenue, until the time the
31 requirements of the tax Act are satisfied.
32 Section 60. Continuation of business by estates. Upon
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1 the death of a master electrician who is an electrical
2 contractor, the Department may permit the decedent's
3 representative to carry on the business of the decedent for a
4 period not in excess of 6 months, for the purpose of
5 completing work under contract or otherwise to comply with
6 this Act. The decedent's representative may petition the
7 board for an extension of the 6 month period in the event he
8 or she can demonstrate undue hardship or other special
9 circumstances. The extension may be granted at the
10 recommendation of the Board, subject to Department approval.
11 The representative shall give any bond as the Department may
12 require conditioned upon the faithful and lawful performance
13 of the work. The bond shall be for the benefit of persons
14 injured or suffering financial loss by reason of failure of
15 performance. The bond shall be written by a corporate surety
16 licensed to do business in the State of Illinois. The
17 decedent's representative shall also comply with all public
18 liability and property damage insurance requirements imposed
19 by this Act upon a licensed electrical contractor.
20 Section 65. Reciprocity. To the extent that any other
21 state that provides for the licensing of electricians
22 provides for similar action, the Department may grant a
23 license, without examination, of the same grade and class to
24 an electrician who has been licensed by any other state for
25 at least one year, upon payment by the applicant of the
26 required fee and upon the Department being furnished with
27 proof that the qualifications of the applicant are equal to
28 the qualifications of holders of similar licenses in
29 Illinois.
30 Section 70. Exemptions for licensing.
31 (a) Employees of, or independent contractors performing
32 work for, any electric utility or electric utility affiliate,
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1 or communications or railway utility or any electric system
2 owned and operated by a municipal corporation or unit of
3 local government (notwithstanding any other provision of this
4 Act), electric cooperative as defined in Section 3.4 of the
5 Electric Supplier Act, telephone or telecommunications
6 cooperative as defined in Section 13-212 of the Public
7 Utilities Act, or a telephone company shall not be required
8 to hold a license under any of the following conditions:
9 (1) While performing work on installations,
10 materials, or equipment that are owned or leased,
11 operated, and maintained by the electric utility or
12 electric utility affiliate, communications or railway
13 utility, electric system owned and operated by a
14 municipal corporation or unit of local government,
15 electric, telephone, or telecommunications cooperative,
16 or telephone company in the exercise of its utility or
17 telephone function, and that (i) are used exclusively for
18 the generation, transformation, distribution,
19 transmission, or metering of electric current, or the
20 operation of railway signals, or the transmission of
21 intelligence and do not have as a principal function the
22 consumption or use of electric current by or for the
23 benefit of any person other than the electric utility or
24 electric utility affiliate, communications or railway
25 utility, electric system owned and operated by a
26 municipal corporation or unit of local government,
27 electric, telephone, or telecommunications cooperative,
28 or telephone company and (ii) are generally accessible
29 only to employees of the electric utility or electric
30 utility affiliate, communications or railway utility,
31 electric system owned and operated by a municipal
32 corporation or unit of local government, electric,
33 telephone, or telecommunications cooperative, or
34 telephone company or persons acting under its control or
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1 direction.
2 (2) While performing work on installations,
3 materials, or equipment that are a part of the street
4 lighting operations of the utility.
5 (3) While installing or performing work on outdoor
6 area lights that are directly connected to a utility's
7 distribution system and located upon the utility's
8 distribution poles, and are generally accessible only to
9 employees of the utility or persons acting under its
10 control or direction.
11 (b) An owner shall not be required to hold or obtain a
12 license under this Act. Nevertheless, electrical work
13 performed by an owner shall comply with the minimum standards
14 contained in the National Electrical Code and shall be
15 subject to inspection by the Department. An owner shall not
16 employ anyone other than an electrician licensed under this
17 Act to assist him or her.
18 (c) Any city, village, or incorporated town having a
19 population of 500,000 or more may, by an ordinance containing
20 provisions substantially the same as those in this Act and
21 specifying educational or experience requirements equivalent
22 to those prescribed in the Act, provide for a board of
23 electrical examiners to conduct examinations for, and to
24 issue, suspend, or revoke, electricians' licenses within the
25 city, village, or incorporated town. Upon the enactment of
26 such an ordinance, the provisions of this Act shall not apply
27 within that municipality except as otherwise provided in this
28 Act. Any person licensed as an electrician under a local
29 ordinance, or licensed by the Department under this Act, may
30 engage in electrical wiring installation anywhere in this
31 State.
32 (d) Nothing in this Act shall be construed to prevent
33 the practice of architecture as defined in the Illinois
34 Architecture Practice Act of 1989 or the practice of
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1 professional engineering as defined in the Professional
2 Engineering Practice Act of 1989 or the practice of
3 structural engineering as defined in the Structural
4 Engineering Licensing Act of 1989.
5 (e) Nothing in this Act shall be construed to prevent an
6 owner or operator of a farm or his or her employees from
7 installing, making additions to, altering, maintaining, or
8 repairing wiring, apparatus, or equipment for electric light,
9 heat, or power on the farm that he or she owns or operates.
10 For purposes of this subsection, "farm" means land or a
11 building appurtenant to land that is used for an agricultural
12 purpose or for a purpose accessory to an agriculture purpose.
13 (f) This Act shall not include persons or firms licensed
14 as private alarm contractors or private alarm contractor
15 agencies as defined in the Private Detective, Private Alarm,
16 Private Security and Locksmith Act of 1993.
17 (g) This Act shall not apply to the installation,
18 replacement, service, or repair of household products,
19 including but not limited to audio and video equipment,
20 appliances, garbage disposals, fans, lights, and garage door
21 openers, by a business entity primarily engaged in the retail
22 sale of consumer products.
23 (h) Nothing in this Act shall be construed to restrict
24 the activities of an employee of a manufacturing corporation
25 to engage in activities incidental to operation or
26 maintenance of its existing business and facilities; however,
27 provisions of this Act do apply to new construction that
28 results in the expansion of the existing business or
29 facilities of a manufacturing corporation.
30 Section 75. Governmental units. No municipal
31 corporation or political subdivision shall engage in
32 electrical work unless the electrical work is performed by
33 one or more licensed electricians or apprentice electricians
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1 under the supervision of licensed electricians. A
2 governmental unit may, however, contract for electrical work
3 with any person authorized to engage in electrical work in
4 this State.
5 Section 80. Display of license. Persons who advertise
6 electrical wiring services shall, at their place of business,
7 display the master electrician's license of at least one
8 member of the firm, partnership or officer of the corporation
9 and shall maintain a register listing the names and license
10 numbers of all licensed electricians and all registered
11 apprentices currently employed by them. When advertising
12 electrical wiring services, the license number shall be
13 included in all forms of written or printed advertising and
14 included with the electrical wiring identification of
15 vehicles. The Department may, by rule or regulation, require
16 additional information concerning licensed electricians and
17 registered apprentices maintained in the register.
18 Section 85. Safety standards. All electrical wiring,
19 apparatus, and equipment for electric light, heat, and power
20 shall comply with the rules of the Department of Labor, as
21 applicable, and be installed in conformity with accepted
22 standards of construction for safety to life and property.
23 For the purposes of this Act, the regulations and safety
24 standards stated at the time the work is done in the then
25 most recently published edition of the National Electrical
26 Code as adopted by the National Fire Protection Association,
27 Inc. and approved by the American National Standards
28 Institute, and the National Electrical Safety Code as
29 published by the Institute of Electrical and Electronics
30 Engineers, Inc. and approved by the American National
31 Standards Institute, shall be prima facie evidence of
32 accepted standards of construction for safety to life and
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1 property. In the event an Illinois building code is
2 formulated containing approved methods of electrical
3 construction for safety to life and property, compliance with
4 the methods of electrical construction of that code shall
5 also constitute compliance with this Section. Nothing in
6 this Act shall prohibit any political subdivision from making
7 and enforcing more stringent requirements than set forth in
8 this Act and those requirements shall be complied with by all
9 licensed electricians working within the jurisdiction of that
10 political subdivision; except that nothing in this Act shall
11 be construed to give a political subdivision the authority to
12 apply those standards or requirements to electrical work
13 performed on a farm.
14 Section 90. Inspections.
15 (a) Except where any political subdivision has by
16 ordinance provided for electrical inspection similar to that
17 provided in this Act, every new electrical installation in
18 any construction, remodeling, replacement, or repair, except
19 minor repair work as defined by the Department by rule, shall
20 be inspected by the Department for compliance with accepted
21 standards of construction for safety to life and property.
22 The Department shall establish standards and
23 qualifications for electrical inspectors by rule.
24 (b) At or before commencement of any installation
25 required to be inspected by the Department, the electrical
26 contractor or owner making the installation shall submit to
27 the Department a request for inspection, in a form prescribed
28 by the Department, together with the fees required for the
29 installation.
30 (c) The fees required are a handling fee and an
31 inspection fee. The handling fee shall be set by the
32 Department in an amount sufficient to pay the cost of
33 bringing and handling the form requesting an inspection. The
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1 inspection fee shall be set by the Department in an amount
2 sufficient to pay the actual costs of the inspection and the
3 Department's costs in administering the inspection.
4 (d) If the inspector finds that the installation is not
5 in compliance with accepted standards of construction for
6 safety to life and property as required by this Act, the
7 inspector shall, by written order, condemn the installation
8 or the noncomplying portion of the installation, or order
9 service to the installation disconnected, and shall send a
10 copy of the order to the Department. If the installation or
11 the noncomplying part will seriously and proximately endanger
12 human life and property, the order of the inspector, when
13 approved by the inspector's superior, shall require immediate
14 condemnation or disconnection. In all other cases, the order
15 of the inspector shall permit a reasonable opportunity for
16 the installation to be brought into compliance with accepted
17 standards of construction for safety to life and property
18 prior to the effective time established for condemnation or
19 disconnection.
20 (e) Copies of each condemnation or disconnection order
21 shall be served personally or by mail upon the property
22 owner, the electrical contractor or electrician making the
23 installation, and other persons as the Department by rule may
24 direct. An aggrieved party may appeal any condemnation or
25 disconnection order by filing with the Department a notice of
26 appeal within 10 days after (i) service upon the aggrieved
27 party of the condemnation or disconnection order, if this
28 service is required or (ii) filing of the order with the
29 Department, whichever is later. The Department shall adopt
30 rules providing procedures for the conduct of appeals,
31 including provisions for the stay of enforcement of the order
32 of the inspector pending an appeal when justified by the
33 circumstances.
34 (f) The inspectors of the Department shall have the
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1 authority to enter any building or premises at any reasonable
2 hour in the discharge of their duties, and they shall have
3 the authority, when necessary, to order the removal of any
4 existing obstructions such as laths, plastering, boarding, or
5 partitions that may prevent a proper inspection of the
6 electrical installation.
7 (g) No electrical installation subject to inspection by
8 the Department shall be newly connected or reconnected for
9 use until there is filed, with the electrical utility
10 supplying power, a certificate of the property owner or
11 licensed electrician directing the work that inspection has
12 been requested and that the conditions of the installation
13 are safe for energization. In all cases where an order of
14 condemnation or disconnection has been issued against the
15 installation or any part of the installation, prior to
16 connection or reconnection, there shall also first be filed
17 with the electrical utility supplying the power a copy of an
18 order of the inspector or the Department dismissing the prior
19 order of condemnation or disconnection or approving the
20 installation as being in compliance with accepted standards
21 of construction for safety to life and property. With
22 respect to transient projects, this certificate shall also
23 contain a certification that the request for inspection has
24 been or will be filed with the Department so as to be
25 received by it at least 5 days prior to the date and time
26 energization of the installation by the utility is to occur,
27 and that the request for inspection states the date and time.
28 It shall be the responsibility of the Department to have
29 inspection of the transient project occur prior to the date
30 and time at which the request states energization is to
31 occur.
32 (h) Any political subdivision may make provision for
33 inspection of electrical installations within its
34 jurisdiction, in which case it shall keep on file with the
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1 Department copies of its current inspection ordinances and
2 codes. Any political subdivision may require any individual,
3 partnership, corporation, or other business association
4 holding a license from the Department to pay any license,
5 registration fee, or permit fees provided however, that any
6 political subdivision may provide by ordinance a requirement
7 that each individual, partnership, corporation, or other
8 business association doing electrical work within the
9 jurisdiction of the political subdivision have on file with
10 the political subdivision a copy of the current license
11 issued by the Department or other evidence of the license as
12 may be provided by the Department.
13 (i) Installations, materials, or equipment shall not be
14 subject to inspection in any of the following situations:
15 (1) When owned or leased, operated, and maintained
16 by any electric utility or electric utility affiliate,
17 communications or railway utility, electric system owned
18 and operated by a municipal corporation or unit of local
19 government, electric, telephone, or telecommunications
20 cooperative, or telephone company in the exercise of its
21 utility or telephone function and that:
22 (A) are used exclusively for the generation,
23 transformation, distribution, transmission, or
24 metering of electric current, the operation of
25 railway signals, or the transmission of
26 intelligence, and do not have as a principal
27 function the consumption or use of electric current
28 by or for the benefit of any person other than the
29 electric utility or electric utility affiliate,
30 communications or railway utility, electric system
31 owned and operated by a municipal corporation or
32 unit of local government, electric, telephone, or
33 telecommunications cooperative, or telephone
34 company; and
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1 (B) are generally accessible only to employees
2 of the electric utility or electric utility
3 affiliate, communications or railway utility,
4 electric system owned and operated by a municipal
5 corporation or unit of local government, electric,
6 telephone, or telecommunications cooperative, or
7 telephone company or persons acting under its
8 control or direction.
9 (2) When used in the street lighting operations of
10 an electric utility.
11 (3) When used as outdoor area lights that are owned
12 and operated by an electric utility and which are
13 connected directly to its distribution system and located
14 upon the utility's distribution poles, and which are
15 generally accessible only to employees of such utility or
16 persons acting under its control or direction.
17 (j) No inspection under this Act shall be made of farms.
18 (k) A manufacturing corporation that engages in
19 activities incidental to operation or maintenance of its
20 existing business and facilities is not subject to
21 inspection; however, a manufacturing corporation that is
22 involved in new construction that results in the expansion of
23 its existing business or facilities shall be subject to
24 inspection under this Act.
25 Section 95. Order of suspension. An order of
26 suspension, revocation, or reinstatement of a license, or of
27 dismissal of a complaint or petition, or a certified copy of
28 an order, over the seal of the Department and purporting to
29 be signed by the Director, shall be prima facie proof that:
30 (1) the signature is the genuine signature of the
31 Director;
32 (2) the Director is duly appointed and qualified;
33 and
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1 (3) the Board and its members are qualified to act.
2 Section 100. Manufacturing of electrical apparatus;
3 exemption. Electrical components, apparatus, or appliances
4 being manufactured within the limits of property that is
5 owned or leased by a manufacturer and the manufacturer's
6 production employees shall not be covered by this Act.
7 Installation or repair of electrical appliance units, except
8 (i) electrical wiring to the unit, or (ii) original wiring in
9 or on the unit installed outside the limits of property which
10 is owned or leased by a manufacturer shall not be covered by
11 this Act.
12 Section 105. Violations.
13 (a) Any person violating any provision of this Act or
14 its rules shall be guilty of a Class B misdemeanor and fined
15 a minimum of $100 for the first offense. A second or
16 subsequent violation of this Act shall be a Class A
17 misdemeanor with a minimum fine of $200. Each day a violation
18 continues constitutes a separate offense. The State's
19 Attorney of the County in which the violation occurred or the
20 Attorney General shall prosecute these actions in the name of
21 the People of the State of Illinois. The court may enjoin the
22 use of electricity installed in violation of this Act or its
23 rules until it has been corrected to comply with the National
24 Electrical Code.
25 (b) If it is established that the defendant, contrary to
26 this Act, has been engaging, is engaging, or is about to
27 engage in electrical work without having been issued a
28 license, or has been engaging or is about to engage in
29 electrical work after his or her license has been suspended
30 or revoked or after his or her license has not been renewed,
31 the Court may enter a decree perpetually enjoining the
32 defendant from further engaging in electrical work contrary
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1 to this Act. In case of a violation of any injunction issued
2 under this Section, the Court may summarily try and punish
3 the offender for contempt of court. Injunction proceedings
4 shall be in addition to, and not in lieu of, all penalties
5 and other remedies in this Act.
6 Section 110. Uniform Electrical Violation Citation.
7 (a) The Department may issue a citation for violations
8 of this Act and its rules and ordinances of political
9 subdivisions. The citation must be in a form as provided in
10 this Section.
11 (b) The Department shall prescribe the detailed form of
12 an electrical violation citation and shall revise the
13 citation as it considers necessary and proper to keep the
14 citation in conformity with the Department's rules.
15 (c) A political subdivision that has made provision for
16 inspection of electrical installations within its
17 jurisdiction may use or alter, by deletion or addition, the
18 electrical violation citation adopted by the Department under
19 this Section.
20 Section 115. Electricians practicing before this Act.
21 Electrical contractors who are in the business on January 1,
22 2000, and who file a license application with the Department
23 within 180 days after the effective date of this Act shall be
24 granted a license which shall be valid for one year from the
25 date of issuance. These licenses shall be subject to annual
26 renewal as provided in this Act.
27 Persons who have five years experience as provided in
28 Section 25 of this Act in performing electrical work as
29 defined in this Act on July 1, 2000, and who file a license
30 application with the Department within 180 days after July 1,
31 2000, shall be granted a license which shall be valid for one
32 year from the date of issuance. These licenses shall be
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1 subject to annual renewal as provided in this Act.
2 Electrical inspectors who are employed by a governmental
3 unit and engaged in the regulation and inspection of
4 electrical wiring activities regulated under this Act on July
5 1, 2000, and who file a license application with the
6 Department within one year after July 1, 2000, shall be
7 granted a journeyman electrician license that shall be valid
8 for one year from the date of issuance.
9 Section 120. Administrative Procedure Act; application.
10 The provisions of the Illinois Administrative Procedure Act
11 are expressly adopted and shall apply to all administrative
12 rules and procedures of the Department of Labor under this
13 Act, except that Section 5 of the Illinois Administrative
14 Procedure Act relating to procedures for rulemaking does not
15 apply to the adoption of any rule required by federal law in
16 connection with which the Department is precluded by law from
17 exercising any discretion.
18 Section 125. Review under Administrative Review Law. All
19 final administrative decisions of the Director under this Act
20 shall be subject to judicial review under the Administrative
21 Review Law and its rules.
22 Section 130. Home rule. A home rule unit may not
23 regulate the licensing of electricians and electrical
24 contractors in a manner inconsistent with the regulation by
25 the State of electricians and electrical contractors. This
26 Section is a limitation under subsection (i) of Section 6 of
27 Article VII of the Illinois Constitution on the concurrent
28 exercise by home rule units of powers and functions exercised
29 by the State.
30 Section 135. Electrical Safety Standards Fund. The
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1 Electrical Safety Standards Fund is created as a special fund
2 in the State treasury. All fees and fines collected under
3 this Act shall be deposited into the Fund. All money in the
4 Electrical Safety Standards Fund may be used, subject to
5 appropriation, by the Department for the administration of
6 this Act.
7 Section 195. The Regulatory Sunset Act is amended by
8 adding Section 4.20 as follows:
9 (5 ILCS 80/4.20 new)
10 Sec. 4.20. Act repealed on January 1, 2010. The
11 following Act is repealed on January 1, 2010:
12 The Electrician Licensing Act.
13 Section 197. The State Finance Act is amended by adding
14 Section 5.490 as follows:
15 (30 ILCS 105/5.490 new)
16 Sec. 5.490. The Electrical Safety Standards Fund.
17 Section 200. This Act takes effect July 1, 2000.
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