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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.
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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
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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
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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.
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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
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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
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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.
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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:
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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:
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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
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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.
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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.
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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.