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90_HB0061eng 735 ILCS 5/2-622 from Ch. 110, par. 2-622 Amends the Code of Civil Procedure by restoring certain provisions concerning affidavits in healing art malpractice actions to the form in which they existed before Public Act 89-7 became law. Effective immediately. LRB9000699SMdv HB0061 Engrossed LRB9000699SMdv 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 understanding, ability, and skill in installing electrical 16 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 for the adoption of the National Electrical 29 Code as standards by the Department. This Act is therefore 30 declared to be essential to the public interest. HB0061 Engrossed -2- LRB9000699SMdv 1 Section 10. Definitions. As used in this Act: 2 "Approved apprenticeship program" means any 3 apprenticeship program registered with the Bureau of 4 Apprenticeship Training of the United States Department of 5 Labor. 6 "Board" means the Illinois State Board of Electrical 7 Examiners. 8 "Department" means the Illinois Department of Public 9 Health. 10 "Director" means the Director of Public Health. 11 "Electrical contractor" means a person, firm, or 12 corporation operating a business that undertakes or offers to 13 undertake to complete, organize for, supervise, or install or 14 to make additions, alterations, maintenance, or repairs in 15 the installation of wiring, apparatus or equipment for 16 electric light, heat, or power with or without compensation 17 and who is licensed as an electrical contractor by the 18 Department. An electrical contractor's license does not of 19 itself qualify its holder to perform the electrical work 20 authorized by holding any class of electrician's license. 21 "Electrical contractor" shall not include any manufacturing 22 corporation having 2000 or more employees that engages in 23 activities described in this paragraph incidental to the 24 operation or maintenance of its own business and facilities. 25 "Governmental unit" means a city, village, incorporated 26 town, or county. 27 "Journeyman electrician" means a person having the 28 necessary qualifications, training, experience, and technical 29 knowledge to wire for, install, maintain, and repair 30 electrical wiring, apparatus, and equipment who is licensed 31 as a journeyman electrician by the Department of Public 32 Health. 33 "Master electrician" means a person having the necessary 34 qualifications, training, experience, and technical knowledge HB0061 Engrossed -3- LRB9000699SMdv 1 to install, maintain, and repair and to properly complete, 2 organize, and supervise the installation of wiring, 3 apparatus, and equipment for electric light, heat, and power 4 who is licensed as a master electrician by the Department of 5 Public Health. 6 "Owner" means a natural person who physically performs 7 electrical work on premises the person owns and actually 8 occupies as a residence or owns and will occupy as a 9 residence upon completion of construction. 10 "Registered apprentice" means a person registered with 11 the United States Department of Public Health, Bureau of 12 Apprenticeship Training who is learning the trade under the 13 supervision of a licensed electrician. 14 "Residential electrician" means a person having the 15 necessary qualifications, training, experience, and technical 16 knowledge involving the construction, wiring, alteration, 17 maintenance, or repair of single family houses or apartment 18 buildings and who is licensed as a residential electrician by 19 the Department. 20 "Supervision" means any new electrical work done by a 21 registered apprentice electrician must be inspected at least 22 once after initial rough-in and once upon completion by an 23 Illinois licensed electrician. In addition, all renovation, 24 alteration, repair, extension, modification, and maintenance 25 work done by a registered apprentice electrician on an 26 existing electrical system must be approved by an Illinois 27 licensed electrician. 28 Section 15. Board of Electrical Examiners. 29 (a) There is created the Illinois State Board of 30 Electrical Examiners which shall exercise its duties provided 31 in this Act under the supervision of the Department. The 32 Board shall consist of 11 members appointed by the Director. 33 The Board shall be composed of 3 licensed master HB0061 Engrossed -4- LRB9000699SMdv 1 electricians, 3 licensed electrical contractors, one licensed 2 electrical engineer, one electrical inspector employed on a 3 full-time basis by a government entity, one representative of 4 a public utility, the State Fire Marshal, and a member of the 5 general public. In making the appointments to the Board, the 6 Director shall consider the recommendations of individuals, 7 firms, or organizations involved in electrical wiring 8 installation in this State. The Director shall further take 9 into consideration the minority makeup of the population and 10 appoint minorities in proportion. Members of the Board shall 11 serve 4 year terms and until their successors are appointed 12 and qualified. The initial appointments, however, shall be 13 as follows: 3 members for terms of 2 years, 3 members for 3 14 years, and 4 members for 4 years. The State Fire Marshal's 15 service on the Board shall be continuous. Board members shall 16 receive no compensation but shall be reimbursed for expenses 17 incurred in connection with their duties as Board members. 18 (b) The Board shall aid the Director and the Department 19 by: 20 (1) Preparing subject matter for examinations as 21 provided in this Act. 22 (2) Suggesting rules to govern examinations and 23 hearing for suspension, revocation, or reinstatement of 24 licenses. 25 (3) Submitting recommendations to the Director from 26 time to time for the efficient administration of this 27 Act. 28 (4) Performing other duties from time to time 29 prescribed by the Director. 30 Section 20. Powers and duties of the Director. The 31 Director shall: 32 (a) Prepare forms for application for examination for 33 master, journeyman, and residential licenses. HB0061 Engrossed -5- LRB9000699SMdv 1 (b) Prepare and issue licenses as provided in this Act. 2 (c) With the aid of the Board, prescribe rules and 3 regulations for examination of applicants for master, 4 journeyman, and residential licenses. 5 (d) With the aid of the Board, prepare and give uniform 6 and comprehensive examinations to applicants for master, 7 journeyman, and residential licenses that shall test their 8 knowledge, and qualifications in the planning and design of 9 electrical systems, their knowledge, qualifications, and 10 manual skills in electrical installations, and their 11 knowledge of the National Electrical Code relating to 12 materials, design, and installation of methods of electrical 13 systems. 14 (e) All tests shall be given, administered, and graded 15 by State employees in a manner that does not compromise the 16 integrity of the Act. 17 (f) Issue master, journeyman, and residential licenses 18 and license renewals to every applicant who has passed the 19 examination and who has paid the required license and renewal 20 fee. 21 (g) Prescribe rules for hearings to deny, suspend, 22 revoke, or reinstate licenses as provided in this Act. 23 (h) Maintain a current record showing (i) the names and 24 addresses of licensed master, journeyman, and residential 25 electricians and registered apprentices; (ii) the dates of 26 issuance of licenses; (iii) the date and substance for the 27 charges set forth in any hearing for denial, suspension, or 28 revocation of any license; (iv) the date and substance of the 29 final order issued upon a hearing; and (v) the date and 30 substance of all petitions for reinstatement of license and 31 final orders on petitions. 32 (i) Establish and collect fees for the examination, 33 issuance, and renewal of licenses. 34 (j) Provide for the inspection of new electrical HB0061 Engrossed -6- LRB9000699SMdv 1 installations in construction, remodeling, replacement, 2 maintenance, and repair work. 3 (k) Establish and collect fees for the handling and 4 inspection of new electrical installations. 5 (l) Formulate and publish rules necessary or appropriate 6 to carrying out the provisions of this Act. 7 Section 25. Licenses. 8 (a) Master electrician. Except as otherwise provided by 9 law, no person shall complete, organize, install, repair, 10 maintain, lay out, or supervise the installation of wiring, 11 apparatus, or equipment for electrical light, heat, or power 12 unless the person is: 13 (1) licensed by the Department as a master 14 electrician; and 15 (2) the work is for a licensed electrical 16 contractor and the person is the licensed electrical 17 contractor or an employee, partner, or officer of the 18 licensed electrical contractor, or the work is performed 19 for the person's employer on electrical equipment, 20 apparatus, or facilities owned or leased by the employer 21 that is located within the limits of property owned or 22 leased, operated, and maintained by the employer. 23 An applicant for a master electrician's license shall (i) 24 have a Bachelor of Science degree from an approved electrical 25 engineering program; (ii) have had at least one year's 26 experience, acceptable to the Director, as a licensed 27 journeyman; (iii) have had at least 5 years experience, 28 acceptable to the Director, in organizing for, directing, 29 completing, supervising, and installing wiring, apparatus, or 30 equipment for electrical light, heat, and power; or (iv) have 31 had at least 6 years experience, acceptable to the Director, 32 with an electrical contracting company in organizing, 33 estimating, directing, completing, and supervising, under the HB0061 Engrossed -7- LRB9000699SMdv 1 supervision of a licensed master electrician, the 2 installation of electrical work for electric light, heat, and 3 power. 4 (b) Journeyman electrician. Except as otherwise 5 provided by law, no person shall wire for, install, maintain, 6 or repair electrical wiring, apparatus, or equipment, unless 7 the person is licensed by the Department as a journeyman 8 electrician employed by a licensed electrical contractor. 9 Nothing in this subsection (b), however, shall prohibit a 10 master electrician from performing the work of a journeyman 11 electrician. 12 An applicant for a journeyman electrician's license shall 13 have had at least 5 years of experience, acceptable to the 14 Director, in wiring for, installing, and repairing electrical 15 wiring, apparatus, or equipment. The Department, however, may 16 by rule or regulation provide for the allowance of one year 17 of experience credit for successful completion of a 2 year 18 post high school electrical course approved by the Board. The 19 Director shall accept as the necessary experience the 20 successful completion of an approved apprenticeship training 21 program, provided the applicant has completed 4 years 22 experience with one or more licensed contractors. 23 (c) Apprentices. Any person may work as an apprentice 24 to a licensed electrician who is enrolled in an approved 25 program, but shall do no electrical wiring except under the 26 on-the-job supervision of a licensed electrician. 27 (d) Residential electrician. Except as otherwise 28 provided by law, no person shall construct, wire, alter, 29 maintain, or repair single family houses or apartment 30 buildings unless the person is licensed by the Department as 31 a residential electrician employed by a licensed electrical 32 contractor. Nothing in this subsection (d), however, shall 33 prohibit a master electrician or journeyman electrician from 34 performing the work of a residential electrician. HB0061 Engrossed -8- LRB9000699SMdv 1 An applicant for a residential electrician's license 2 shall have had at least 3 years of experience, acceptable to 3 the Director, in having the necessary qualifications, 4 training and technical knowledge involving the construction, 5 wiring, alteration, or repair of single family houses or 6 apartment buildings. The Department, however, may by rule or 7 regulation provide for the allowance of one year of 8 experience credit for successful completion of a 2 year post 9 high school electrical course approved by the Board. The 10 Director shall accept as the necessary 3 years experience the 11 successful completion of an approved apprenticeship program 12 provided the applicant has completed 3 years experience with 13 one or more licensed contractors. 14 (e) Contractors. Except as otherwise provided by law, 15 no person other than an employee of a licensed electrical 16 contractor as defined in this Act or employee of a 17 manufacturing corporation having 2000 or more employees that 18 engages in the activities of an electrical contractor 19 incidental to the operation or maintenance of its own 20 business and facilities shall undertake or offer to undertake 21 to organize for, direct, complete, supervise, or install or 22 to make additions, alterations, or repairs in the 23 installation of, or to maintain, wiring apparatus and 24 equipment for electrical light, heat, or power with or 25 without compensation unless the person obtains an electrical 26 contractor's license. An electrical contractor's license 27 shall be issued by the Department upon the contractor's 28 giving bond to the State in the penal sum of $5,000 29 conditioned upon the faithful and lawful performance of all 30 work entered into by the contractor within the State of 31 Illinois. The bond shall be for the benefit of persons 32 injured or suffering financial loss by reason of failure of 33 performance. The bond shall be filed with the Department and 34 shall be in lieu of all other license bonds to any political HB0061 Engrossed -9- LRB9000699SMdv 1 subdivision. The bond shall be written by a corporate surety 2 licensed to do business in the State of Illinois. 3 Each licensed electrical contractor shall have and 4 maintain in effect general liability insurance, that includes 5 premises and operations insurance and products and completed 6 operations insurance, with limits of at least $100,000 per 7 occurrence, $300,000 aggregate limit for bodily injury, and 8 property damage insurance with limits of at least $25,000 or 9 a policy with a single limit for bodily injury and property 10 damage of $300,000 per occurrence and $300,000 aggregate 11 limits. The insurance shall be written by an insurer 12 licensed to do business in the State of Illinois and each 13 licensed electrical contractor shall maintain on file with 14 the Department a certificate evidencing insurance that 15 provides that the insurance shall not be cancelled without 16 the insurer first giving 15 days written notice to the 17 Department of the cancellation. 18 No contractor shall engage in business unless he or she 19 is or has in his or her employ a licensed master electrician, 20 who shall be responsible for the performance of all 21 electrical work in accordance with the requirements of this 22 Act. When an electrical contractor's license is held by an 23 individual, partnership, or corporation and the individual, 24 one of the partners, or an officer of the corporation, 25 respectively, is not the responsible master electrician of 26 record, all requests for inspection shall be signed by the 27 responsible master electrician of record. The application 28 for an electrical contractor's license must include a 29 verified statement that the designated responsible master 30 electrician is a full time employee of the individual, 31 partnership, or corporation applying for an electrical 32 contractor's license. For purposes of this Section, a full 33 time employee of a licensed electrical contractor is an 34 individual who is not employed in any capacity as a licensed HB0061 Engrossed -10- LRB9000699SMdv 1 electrician by any other electrical contractor. 2 Section 30. Examination. In addition to other 3 requirements imposed by this Act and except as otherwise 4 provided in this Act, as a precondition to issuance of an 5 electrician's license, each applicant must pass a written 6 examination given by the Department for the type of license 7 sought to insure the competence of each applicant for 8 license. No person failing an examination may retake it for 9 6 months, but may, within 6 months, take an examination for a 10 lesser grade of license. Any licensee failing to renew his 11 or her license for 2 years or more after its expiration shall 12 be required to retake the examination before he or she is 13 issued a new license. 14 Section 35. Experience requirements. 15 (a) Except as otherwise provided for a master 16 electrician's license under Section 25, an applicant for an 17 electrician's license shall meet the experience requirements 18 of this Section before examination for licensure. 19 (b) The maximum allowable credit for electrical 20 experience: 21 (1) before age 16 is 6 months; 22 (2) in the military service is 12 months; 23 (3) in foreign countries is 12 months; and 24 (4) acquired during the school term of an approved 25 post high school electrical course is one year. 26 (c) Experience in the categories of organizing for the 27 installation of wiring, apparatus, and equipment for light, 28 heat and power; directing for the installation of wiring, 29 apparatus, and equipment for light, heat, and power; 30 supervising the installation of wiring, apparatus, and 31 equipment for light, heat, and power, and wiring and 32 installing electrical wiring, apparatus, and equipment for HB0061 Engrossed -11- LRB9000699SMdv 1 light, heat, and power is acceptable to the Director in the 2 following situations: 3 (1) Experience while in the employ of an electrical 4 contractor licensed under this Act. 5 (2) Experience while working in Illinois for an 6 employer who is not required to be licensed as an 7 electrical contractor, if the work is inspected and done 8 under the supervision of a properly licensed electrician. 9 (3) Experience while performing electrical work in 10 Illinois for an employer who is exempt from licensing 11 when the work is exempt from inspection or when the work 12 is performed on federal property by a federal employee, 13 if the Department has determined in either situation that 14 the experience is substantially equal to that acquired in 15 performing work while in the employ of a licensed 16 electrical contractor. 17 (4) Experience while performing electrical work 18 outside of Illinois, which the Department has determined 19 is substantially equivalent to the work performed while 20 in the employ of a licensed electrical contractor in 21 Illinois. This determination must be based on a 22 certification by the employer for the type of work 23 performed. 24 Section 40. Military and government exemption. The 25 Department shall reinstate a license that expires while a 26 licensee is in active Military Service or government service 27 of the United States upon application to the Department by 28 the licensee within 2 years after termination of the military 29 service or government service, payment of the annual license 30 fee, and submission of evidence of the military service or 31 government service. The license shall be reinstated without 32 examination and without payment of the lapsed renewal fee. HB0061 Engrossed -12- LRB9000699SMdv 1 Section 45. License and renewal fees. 2 (a) All licenses issued under this Act shall expire 3 annually in a manner as provided by the Department. 4 (b) The following fees are nonrefundable: 5 (1) The fee application for a license or temporary 6 license is $100. 7 (2) The fee for the renewal of a license is $25. 8 (3) The fee for the reinstatement of a license that 9 has been expired for less than 2 years is $50, plus 10 payment of all unpaid renewal fees. 11 (4) The fee for the restoration of a license that 12 has been expired for more than 2 years is $100. 13 (5) The fee for the issuance of a duplicate 14 license, the issuance of a replacement license that has 15 been lost or destroyed, or the issuance of a license with 16 a change of name or address, other than during the 17 renewal period, is $25. No fee is required for name and 18 address changes on Department records when no duplicate 19 license is issued. 20 (6) The fee for the certification of a licensee's 21 record for any purpose is $25. 22 (7) The fee for the rescoring of an examination is 23 the cost to the Department of rescoring the examination, 24 plus any fees charged by the applicable testing service 25 to have the examination rescored. 26 (8) The fee for copies of a license shall be the 27 actual cost of producing the copies. 28 (9) The fee for a roster of persons licensed as 29 electricians is the actual cost of producing the roster. 30 (10) The fee for application for a license by an 31 electrician registered or licensed under the laws of 32 another state is $100. 33 Section 50. Denial, suspension, and revocation of HB0061 Engrossed -13- LRB9000699SMdv 1 licenses. The Department may by order deny, suspend, revoke, 2 or refuse to renew a license, or may censure a licensee if it 3 finds that it is in the public interest to do so and that the 4 applicant or licensee: 5 (a) has filed an application for a license that is 6 incomplete in any material respect or contains any statement 7 that, in light of the circumstances under which it is made, 8 is false or misleading with respect to any material fact; 9 (b) has engaged in any fraudulent, deceptive, or 10 dishonest practice; 11 (c) has been convicted within the past 5 years of a 12 misdemeanor involving a violation of this Act; or 13 (d) has violated or failed to comply with this Act or 14 its rules or any order issued under this Act. A violation 15 need not be willful. 16 The Department may adopt rules further specifying and 17 defining actions and omissions that constitute fraudulent, 18 deceptive, or dishonest practices, and establishing standards 19 of conduct for licensees. 20 Section 55. Grounds for suspension of license. The 21 Department may temporarily suspend a license and call for a 22 hearing when findings show one or more of the following: 23 (a) That the licensee obtained or conspired with others 24 to obtain a license by inducing the issuance of the license 25 in consideration of the payment of money or delivery of any 26 other thing of value or by and through misrepresentation of 27 facts. 28 (b) That the licensee willfully violated any law of this 29 State or any rules, regulation or code regulating electrical 30 wiring installations, licensed electricians, or registered 31 apprentice electricians. 32 (c) That the licensee has been guilty of negligence or 33 incompetence in the performance of installation of electrical HB0061 Engrossed -14- LRB9000699SMdv 1 wiring. 2 (d) That the licensee has loaned or in any manner 3 transferred his or her license to another person. 4 If a license is suspended or revoked, the license shall 5 be surrendered to the Department but it shall be returned to 6 the licensee upon the termination of the suspension period. 7 The Department may refuse to issue or may suspend the 8 license of any person who fails (i) to file a return, (ii) to 9 pay the tax, penalty or interest shown in a filed return, or 10 (iii) to pay any final assessment of tax, penalty or 11 interest, as required by any tax Act administered by the 12 Illinois Department of Revenue, until the time the 13 requirements of the tax Act are satisfied. 14 Section 60. Continuation of business by estates. Upon 15 the death of a master electrician who is an electrical 16 contractor, the Department may permit the decedent's 17 representative to carry on the business of the decedent for a 18 period not in excess of 6 months, for the purpose of 19 completing work under contract or otherwise to comply with 20 this Act. The representative shall give any bond as the 21 Department may require conditioned upon the faithful and 22 lawful performance of the work. The bond shall be for the 23 benefit of persons injured or suffering financial loss by 24 reason of failure of performance. The bond shall be written 25 by a corporate surety licensed to do business in the State of 26 Illinois. The decedent's representative shall also comply 27 with all public liability and property damage insurance 28 requirements imposed by this Act upon a licensed electrical 29 contractor. The decedent's heirs shall have option of hiring 30 a replacement master electrician and obtaining a contractor's 31 license. 32 Section 65. Reciprocity. To the extent that any other HB0061 Engrossed -15- LRB9000699SMdv 1 state that provides for the licensing of electricians 2 provides for similar action, the Department may grant a 3 license, without examination, of the same grade and class to 4 an electrician who has been licensed by any other state for 5 at least one year, upon payment by the applicant of the 6 required fee and upon the Department being furnished with 7 proof that the qualifications of the applicant are equal to 8 the qualifications of holders of similar licenses in 9 Illinois. 10 Section 70. Exemptions for licensing. 11 (a) Employees of any manufacturing corporation having 12 2000 or more employees or of a municipal or railway utility 13 shall not be required to hold a license under any of the 14 following conditions: 15 While performing work on installations, materials, 16 or equipment that are owned or leased, operated, and 17 maintained by the manufacturing corporation having 2000 18 or more employees, in the exercise of its manufacturing 19 function, and that (i) are used exclusively for the 20 generation, transformation, distribution, transmission, 21 or metering of electric current, or the operation of 22 railway signals, or the transmission of intelligence and 23 do not have as a principal function the consumption or 24 use of electric current by or for the benefit of any 25 person other than the manufacturing corporation having 26 2000 or more employees and (ii) are generally accessible 27 only to employees of the manufacturing corporation having 28 2000 or more employees. 29 (b) An owner shall not be required to hold or obtain a 30 license under this Act. Nevertheless, electrical work 31 performed by an owner shall comply with the minimum standards 32 contained in the National Electrical Code and may be subject 33 to inspection by the Department. An owner shall not employ HB0061 Engrossed -16- LRB9000699SMdv 1 anyone other than an electrician licensed under this Act to 2 assist him or her. 3 (c) Any city, village, or incorporated town having a 4 population of 500,000 or more may, by an ordinance containing 5 provisions substantially the same as those in this Act and 6 specifying educational or experience requirements equivalent 7 to those prescribed in the Act, provide for a board of 8 electrical examiners to conduct examinations for, and to 9 issue, suspend, or revoke, electricians' licenses within the 10 city village or incorporated town. Upon the enactment of 11 such an ordinance, the provisions of this Act shall not apply 12 within that municipality except as otherwise provided in this 13 Act. Any person licensed as an electrician under a local 14 ordinance, or licensed by the Department under this Act, may 15 engage in electrical wiring installation anywhere in this 16 State. 17 (d) Nothing in this Act shall be construed to prevent 18 the practice of architecture as defined in the Illinois 19 Architecture Practice Act of 1989 or the practice of 20 professional engineering as defined in the Professional 21 Engineering Practice Act of 1989 or the practice of 22 structural engineering as defined in the Structural 23 Engineering Licensing Act of 1989. 24 (e) Nothing in this Act shall be construed to prevent an 25 owner or operator of a farm from installing, making additions 26 to, altering, maintaining, or repairing wiring, apparatus, or 27 equipment for electric light, heat, or power on the farm that 28 he or she owns or operates. For purposes of this subsection, 29 "farm" means land or a building appurtenant to land that is 30 used for an agricultural purpose or for a purpose accessory 31 to an agricultural purpose. 32 (f) The provisions of this Act shall not apply to 33 locksmiths and locksmith agencies licensed under the Private 34 Detective, Private Alarm, Private Security, and Locksmith Act HB0061 Engrossed -17- LRB9000699SMdv 1 of 1993 who maintain, install, or work on systems of less 2 than 100 volts. 3 (g) The provisions of this Act shall not apply to the 4 installation, replacement, service, or repair of household 5 products, including but not limited to audio and video 6 equipment, appliances, garbage disposals, fans, lights, and 7 garage door openers by a business entity primarily engaged in 8 the retail sale of consumer products. 9 Section 75. Governmental units. No municipal 10 corporation or political subdivision shall engage in 11 electrical work unless the electrical work is performed by 12 one or more licensed electricians or apprentice electricians 13 under the supervision of licensed electricians. A 14 governmental unit may, however, contract for electrical work 15 with any person authorized to engage in electrical work in 16 this State. 17 Section 80. Display of license. Persons who advertise 18 electrical wiring services shall, at their place of business, 19 display the master electrician's license of at least one 20 member of the firm, partnership or officer of the corporation 21 and shall maintain a register listing the names and license 22 numbers of all licensed electricians and all registered 23 apprentices currently employed by them. When advertising 24 electrical wiring services the license number shall be 25 included in all forms of written or printed advertising and 26 included with the electrical wiring identification of 27 vehicles. The Department may, by rule or regulation, require 28 additional information concerning licensed electricians and 29 registered apprentices maintained in the register. 30 Section 85. Safety standards. All electrical wiring, 31 apparatus and equipment for electric light, heat and power HB0061 Engrossed -18- LRB9000699SMdv 1 shall comply with the rules and regulations of the Department 2 of Public Health as applicable, and be installed in 3 conformity with accepted standards of construction for safety 4 to life and property. For the purposes of this Act, the 5 regulations and safety standards stated at the time the work 6 is done in the then most recently published edition of the 7 National Electrical Code as adopted by the National Fire 8 Protection Association, Inc. and approved by the American 9 National Standards Institute, and the National Electrical 10 Safety Code as published by the Institute of Electrical and 11 Electronics Engineers, Inc. and approved by the American 12 National Standards Institute, shall be prima facie evidence 13 of accepted standards of construction for safety to life and 14 property. In the event an Illinois building code is 15 formulated containing approved methods of electrical 16 construction for safety to life and property, compliance with 17 the methods of electrical construction of that code shall 18 also constitute compliance with this Section. Nothing in 19 this Act shall prohibit any political subdivision from making 20 and enforcing more stringent requirements than set forth in 21 this Act and those requirements shall be complied with by all 22 licensed electricians working within the jurisdiction of that 23 political subdivision, except that nothing in this Act shall 24 be construed to give a political subdivision the authority to 25 apply those standards or requirements to electrical work 26 performed on a farm. 27 Section 90. Inspections. 28 (a) Required inspection. Except where any political 29 subdivision has by ordinance provided for electrical 30 inspection similar to that provided in this Act, every new 31 electrical installation in any construction, remodeling, 32 replacement, or repair, except minor repair work as defined 33 by the Department by rule or regulation, may be inspected by HB0061 Engrossed -19- LRB9000699SMdv 1 the Department for compliance with accepted standards of 2 construction for safety to life and property. 3 All inspectors for the Department shall hold licenses as 4 master or journeyman electricians under this Act. 5 (b) Procedure. (1) At or before commencement of any 6 installation required to be inspected by the Department, 7 the electrical contractor or owner making the 8 installation shall submit to the Department a request for 9 inspection, in a form prescribed by the Department, 10 together with the fees required for the installation. 11 (2) The fees required are a handling fee and an 12 inspection fee. The handling fee shall be set by the 13 Department in an amount sufficient to pay the cost of 14 bringing and handling the form requesting an inspection. 15 The inspection fee shall be set by the Department in an 16 amount sufficient to pay the actual costs of the 17 inspection and the Department's costs in administering 18 the inspection. 19 (3) If the inspector finds that the installation is 20 not in compliance with accepted standards of construction 21 for safety to life and property as required by this Act, 22 the inspector shall by written order condemn the 23 installation or the noncomplying portion of the 24 installation, or order service to the installation 25 disconnected, and shall send a copy of the order to the 26 Department. If the installation or the noncomplying part 27 will seriously and proximately endanger human life and 28 property, the order of the inspector, when approved by 29 the inspector's superior, shall require immediate 30 condemnation or disconnection. In all other cases, the 31 order of the inspector shall permit a reasonable 32 opportunity for the installation to be brought into 33 compliance with accepted standards of construction for 34 safety to life and property prior to the effective time HB0061 Engrossed -20- LRB9000699SMdv 1 established for condemnation or disconnection. 2 (4) Copies of each condemnation or disconnection 3 order shall be served personally or by mail upon the 4 property owner, the electrical contractor or electrician 5 making the installation, and other persons as the 6 Department by rule or regulation may direct. An 7 aggrieved party may appeal any condemnation or 8 disconnection order by filing with the Department a 9 notice of appeal within 10 days after (i) service upon 10 the aggrieved party of the condemnation or disconnection 11 order, if this service is required or (ii) filing of the 12 order with the Department, whichever is later. The 13 Department shall adopt rules providing procedures for the 14 conduct of appeals, including provisions for the stay of 15 enforcement of the order of the inspector pending an 16 appeal when justified by the circumstances. 17 (5) The inspectors of the Department shall have the 18 authority to enter any building or premises at any 19 reasonable hour in the discharge of their duties, and 20 they shall have the authority when necessary, to order 21 the removal of any existing obstructions such as laths, 22 plastering, boarding, or partitions that may prevent a 23 proper inspection of the electrical installation. 24 (c) Duty of electrical utility. No electrical 25 installation subject to inspection by the Department shall be 26 newly connected or reconnected for use until there is filed, 27 with the electrical utility supplying power, a certificate of 28 the property owner or licensed electrician directing the work 29 that inspection has been requested and that the conditions of 30 the installation are safe for energization. In all cases 31 where an order of condemnation or disconnection has been 32 issued against the installation or any part of the 33 installation, prior to connection or reconnection, there 34 shall also first be filed with the electrical utility HB0061 Engrossed -21- LRB9000699SMdv 1 supplying the power a copy of an order of the inspector or 2 the Department dismissing the prior order of condemnation or 3 disconnection or approving the installation as being in 4 compliance with accepted standards of construction for safety 5 to life and property. With respect to transient projects, 6 this certificate shall also contain a certification that the 7 request for inspection has been or will be filed with the 8 Department so as to be received by it at least 5 days prior 9 to the date and time energization of the installation by the 10 utility is to occur, and that the request for inspection 11 states the date and time. It shall be the responsibility of 12 the Department to have inspection of the transient project 13 occur prior to the date and time at which the request states 14 energization is to occur. 15 (d) Powers of political subdivisions. Any political 16 subdivision may make provision for inspection of electrical 17 installations within its jurisdiction, in which case it shall 18 keep on file with the Department copies of its current 19 inspection ordinances and codes. Any political subdivision 20 may require any individual, partnership, corporation or other 21 business association holding a license from the Department to 22 pay any license, registration fee, or permit fees provided 23 however, that any political subdivision may provide by 24 ordinance a requirement that each individual, partnership, 25 corporation or other business association doing electrical 26 work within the jurisdiction of the political subdivision 27 have on file with the political subdivision a copy of the 28 current license issued by the Department or other evidence of 29 the license as may be provided by the Department. Each 30 electrical inspector of any political subdivision shall be a 31 licensed master or journeyman electrician under this Act. 32 (e) Exemptions from inspections. Installations, 33 materials, or equipment shall not be subject to inspection in 34 any of the following situations: HB0061 Engrossed -22- LRB9000699SMdv 1 (1) When owned or leased, operated, and maintained 2 by any manufacturing corporation having 2000 or more 3 employees or a railway utility in the exercise of its 4 utility or manufacturing function and that: 5 (A) are used exclusively for the generation, 6 transformation, distribution, transmission, or 7 metering of electric current, the operation of 8 railway signals, or the transmission of 9 intelligence, and do not have as a principal 10 function the consumption or use of electric current 11 by or for the benefit of any person other than the 12 manufacturing corporation having 2000 or more 13 employees; 14 (B) are generally accessible only to employees 15 of the manufacturing corporation having 2000 or more 16 employees or persons acting under its control or 17 direction; and 18 (C) are not on the load side of the meter. 19 (2) When used in the street lighting operations of 20 an electric utility. 21 (3) When used as outdoor area lights that are owned 22 and operated by an electric utility and which are 23 connected directly to its distribution system and located 24 upon the utility's distribution poles, and which are 25 generally accessible only to employees of such utility or 26 persons acting under its control or direction. 27 (f) Farms. No inspections under this Act shall be made 28 of farms. 29 Section 95. Order of suspension. An order of 30 suspension, revocation, or reinstatement of a license, or of 31 dismissal of a complaint or petition, or a certified copy of 32 an order, over the seal of the Department and purporting to 33 be signed by the Director shall be prima facie proof that: HB0061 Engrossed -23- LRB9000699SMdv 1 (a) The signature is a genuine signature of the 2 Director. 3 (b) The Director is duly appointed and qualified. 4 (c) The Board and the Members are qualified to act. 5 Section 100. Manufacturing of electrical apparatus; 6 exemption. Electrical components, apparatus, or appliances 7 being manufactured within the limits of property that is 8 owned or leased by a manufacturer and the manufacturer's 9 production employees shall not be covered by this Act. 10 Installation or repair of electrical appliance units, except 11 (i) electrical wiring to the unit, or (ii) original wiring in 12 or on the unit installed outside the limits of property which 13 is owned or leased by a manufacturer shall not be covered by 14 this Act. 15 Section 105. Violations. 16 (a) Any person violating any provision of this Act or 17 its rules or regulations shall be guilty of a Class B 18 misdemeanor and fined a minimum of $100 for the first 19 offense. A second or subsequent violation of this Act shall 20 be a Class A misdemeanor with a minimum fine of $200. Each 21 day a violation continues constitutes a separate offense. The 22 State's Attorney of the County in which the violation 23 occurred or the Attorney General shall prosecute these 24 actions in the name of the People of the State of Illinois. 25 The court may enjoin the use of electricity installed in 26 violation of this Act or its rules or regulations until it 27 has been corrected to comply with the National Electrical 28 Code. 29 (b) If it is established that the defendant, contrary to 30 this Act, has been engaging, is engaging, or is about to 31 engage in electrical work without having been issued a 32 license, or has been engaging or is about to engage in HB0061 Engrossed -24- LRB9000699SMdv 1 electrical work after his or her license has been suspended 2 or revoked or after his or her license has not been renewed, 3 the Court may enter a decree perpetually enjoining the 4 defendant from further engaging in electrical work contrary 5 to this Act. In case of a violation of any injunction issued 6 under this Section, the Court may summarily try and punish 7 the offender for contempt of court. Injunction proceedings 8 shall be in addition to, and not in lieu of, all penalties 9 and other remedies in this Act. 10 Section 110. Uniform Electrical Violation Citation. 11 (a) Citation authorized. The Department may issue a 12 citation for violations of this Act and its rules, and 13 ordinances of political subdivisions. The citation must be in 14 a form as provided in this Section. 15 (b) Form of citation. The Department shall prescribe the 16 detailed form of an electrical violation citation and shall 17 revise the citation as it considers necessary and proper to 18 keep the citation in conformity with the Department's rules. 19 (c) Political subdivision may alter form of ticket. A 20 political subdivision that has made provision for inspection 21 of electrical installations within its jurisdiction may use 22 or alter by deletion or addition the electrical violation 23 citation adopted by the Department under this Section. 24 Section 115. Electricians practicing before this Act. 25 Electrical contractors who are in the business on January 1, 26 1998 and who file a license application with the Department 27 within one year after the effective date of this Act shall be 28 granted a license which shall be valid for one year from the 29 date of issuance. These licenses shall be subject to annual 30 renewal as provided in this Act. All master, journeymen, 31 residential journeymen, and apprentices in the contractor's 32 employ shall also be granted their respective licenses. HB0061 Engrossed -25- LRB9000699SMdv 1 Persons who are engaged in performing electrical work as 2 defined in this Act on January 1, 1998 and who file a license 3 application with the Department within one year after the 4 effective date of this Act shall be granted a license which 5 shall be valid for one year from the date of issuance. These 6 licenses shall be subject to annual renewal as provided in 7 this Act. Nothing in this Act shall forbid an electrical 8 contractor from employing more than one master electrician. 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 Public Health under 13 this Act, except that Section 5 of the Illinois 14 Administrative Procedure Act relating to procedures for 15 rulemaking does not apply to the adoption of any rule 16 required by federal law in connection with which the 17 Department is precluded by law from exercising any 18 discretion. 19 Section 125. Review under Administrative Review Law. All 20 final administrative decisions of the Director under this Act 21 shall be subject to judicial review under the Administrative 22 Review Law and its rules. 23 Section 130. Home rule. Except as provided in Section 70 24 of this Act, a home rule unit may not regulate the licensing 25 of electricians and electrical contractors in a manner 26 inconsistent with the regulation by the State of electricians 27 and electrical contractors. This Section is a limitation 28 under subsection (i) of Section 6 of Article VII of the 29 Illinois Constitution on the concurrent exercise by home rule 30 units of powers and functions exercised by the State. HB0061 Engrossed -26- LRB9000699SMdv 1 Section 135. Severability. The provisions of this Act 2 are severable under Section 1.31 of the Statute on Statutes. 3 Section 175. The Regulatory Agency Sunset Act is amended 4 by adding Section 4.18 as follows: 5 (5 ILCS 80/4.18 new) 6 Sec. 4.18. Act repealed on January 1, 2008. The following 7 Act is repealed on January 1, 2008: 8 The Electrician Licensing Act. 9 (65 ILCS 5/11-33-1 rep.) 10 Section 195. The Illinois Municipal Code is amended by 11 repealing Section 11-33-1. 12 Section 999. Effective date. This Act takes effect July 13 1, 1998.
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