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90_HB0061ham001
LRB9005074DPcwam
1 AMENDMENT TO HOUSE BILL 61
2 AMENDMENT NO. . Amend House Bill 61 by replacing the
3 title with the following:
4 "AN ACT concerning the regulation of electricians."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 1. Short title. This Act may be cited as the
8 Electrician Licensing Act.
9 "Section 5. Purpose and policy. It has been established
10 by documented evidence that improper electrical wiring can
11 adversely affect the well being of the public. Improper
12 electrical wiring can cause fires due to short circuits and
13 overloading of protection devices. Faulty wiring is
14 potentially lethal and can cause widespread fires with
15 disastrous consequences to persons and property. To protect
16 the health of the public it is essential that electrical
17 wiring be installed by persons who have proven their
18 understanding, ability, and skill in installing electrical
19 wiring.
20 Consistent with its duty to safeguard the health of the
21 people of this State, the General Assembly declares that
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1 individuals who plan, inspect, install, alter, extend,
2 repair, and maintain electrical wiring systems shall be
3 individuals of proven skill. Further, the General Assembly
4 declares that a guide for minimum control of electrical
5 materials and equipment, the design of electrical systems,
6 and the construction and installation methods of electrical
7 systems is essential for the protection of public health. In
8 order to insure proper electrical wiring practice, this Act
9 provides for the licensing of electricians and electrical
10 contractors and for the adoption of the National Electrical
11 Code as standards by the Department. This Act is therefore
12 declared to be essential to the public interest.
13 Section 10. Definitions. As used in this Act:
14 "Approved apprenticeship program" means any
15 apprenticeship program registered with the Illinois
16 Department of Public Health.
17 "Board" means the Illinois State Board of Electrical
18 Examiners.
19 "Department" means the Illinois Department of Public
20 Health.
21 "Director" means the Director of Public Health.
22 "Electrical contractor" means a person, firm, or
23 corporation operating a business that undertakes or offers to
24 undertake to complete, organize for, supervise, or install or
25 to make additions, alterations, maintenance, or repairs in
26 the installation of wiring, apparatus or equipment for
27 electric light, heat, or power with or without compensation
28 and who is licensed as an electrical contractor by the
29 Department. An electrical contractor's license does not of
30 itself qualify its holder to perform the electrical work
31 authorized by holding any class of electrician's license.
32 "Electrical contractor" shall not include any manufacturing
33 corporation having 2000 or more employees that engages in
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1 activities described in this paragraph incidental to the
2 operation or maintenance of its own business and facilities.
3 "Governmental unit" means a city, village, incorporated
4 town, or county.
5 "Journeyman electrician" means a person having the
6 necessary qualifications, training, experience, and technical
7 knowledge to wire for, install, maintain, and repair
8 electrical wiring, apparatus, and equipment who is licensed
9 as a journeyman electrician by the Department of Public
10 Health.
11 "Master electrician" means a person having the necessary
12 qualifications, training, experience, and technical knowledge
13 to install, maintain, and repair and to properly complete,
14 organize, and supervise the installation of wiring,
15 apparatus, and equipment for electric light, heat, and power
16 who is licensed as a master electrician by the Department of
17 Public Health.
18 "Owner" means a natural person who physically performs
19 electrical work on premises the person owns and actually
20 occupies as a residence or owns and will occupy as a
21 residence upon completion of construction.
22 "Registered apprentice" means a person registered with
23 the United States Department of Public Health, Bureau of
24 Apprenticeship Training who is learning the trade under the
25 supervision of a licensed electrician.
26 "Residential electrician" means a person having the
27 necessary qualifications, training, experience, and technical
28 knowledge involving the construction, wiring, alteration,
29 maintenance, or repair of single family houses or apartment
30 buildings and who is licensed as a residential electrician by
31 the Department.
32 "Supervision" means any new electrical work done by a
33 registered apprentice electrician must be inspected at least
34 once after initial rough-in and once upon completion by an
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1 Illinois licensed electrician. In addition, all renovation,
2 alteration, repair, extension, modification, and maintenance
3 work done by a registered apprentice electrician on an
4 existing electrical system must be approved by an Illinois
5 licensed electrician.
6 Section 15. Board of Electrical Examiners.
7 (a) There is created the Illinois State Board of
8 Electrical Examiners which shall exercise its duties provided
9 in this Act under the supervision of the Department. The
10 Board shall consist of 11 members appointed by the Director.
11 The Board shall be composed of 3 licensed master
12 electricians, 3 licensed electrical contractors, one licensed
13 electrical engineer, one electrical inspector employed on a
14 full-time basis by a government entity, one representative of
15 a public utility, the State Fire Marshal, and a member of the
16 general public. In making the appointments to the Board, the
17 Director shall consider the recommendations of individuals,
18 firms, or organizations involved in electrical wiring
19 installation in this State. The Director shall further take
20 into consideration the minority makeup of the population and
21 appoint minorities in proportion. Members of the Board shall
22 serve 4 year terms and until their successors are appointed
23 and qualified. The initial appointments, however, shall be
24 as follows: 3 members for terms of 2 years, 3 members for 3
25 years, and 4 members for 4 years. The State Fire Marshal's
26 service on the Board shall be continuous. Board members shall
27 receive no compensation but shall be reimbursed for expenses
28 incurred in connection with their duties as Board members.
29 (b) The Board shall aid the Director and the Department
30 by:
31 (1) Preparing subject matter for examinations as
32 provided in this Act.
33 (2) Suggesting rules to govern examinations and
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1 hearing for suspension, revocation, or reinstatement of
2 licenses.
3 (3) Submitting recommendations to the Director from
4 time to time for the efficient administration of this
5 Act.
6 (4) Performing other duties from time to time
7 prescribed by the Director.
8 Section 20. Powers and duties of the Director. The
9 Director shall:
10 (a) Prepare forms for application for examination for
11 master, journeyman, and residential licenses.
12 (b) Prepare and issue licenses as provided in this Act.
13 (c) With the aid of the Board, prescribe rules and
14 regulations for examination of applicants for master,
15 journeyman, and residential licenses.
16 (d) With the aid of the Board, prepare and give uniform
17 and comprehensive examinations to applicants for master,
18 journeyman, and residential licenses that shall test their
19 knowledge, and qualifications in the planning and design of
20 electrical systems, their knowledge, qualifications, and
21 manual skills in electrical installations, and their
22 knowledge of the National Electrical Code relating to
23 materials, design, and installation of methods of electrical
24 systems.
25 (e) All tests shall be given, administered, and graded
26 by State employees in a manner that does not compromise the
27 integrity of the Act.
28 (f) Issue master, journeyman, and residential licenses
29 and license renewals to every applicant who has passed the
30 examination and who has paid the required license and renewal
31 fee.
32 (g) Prescribe rules for hearings to deny, suspend,
33 revoke, or reinstate licenses as provided in this Act.
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1 (h) Maintain a current record showing (i) the names and
2 addresses of licensed master, journeyman, and residential
3 electricians and registered apprentices; (ii) the dates of
4 issuance of licenses; (iii) the date and substance for the
5 charges set forth in any hearing for denial, suspension, or
6 revocation of any license; (iv) the date and substance of the
7 final order issued upon a hearing; and (v) the date and
8 substance of all petitions for reinstatement of license and
9 final orders on petitions.
10 (i) Establish and collect fees for the examination,
11 issuance, and renewal of licenses.
12 (j) Provide for the inspection of new electrical
13 installations in construction, remodeling, replacement,
14 maintenance, and repair work.
15 (k) Establish and collect fees for the handling and
16 inspection of new electrical installations.
17 (l) Formulate and publish rules necessary or appropriate
18 to carrying out the provisions of this Act.
19 Section 25. Licenses.
20 (a) Master electrician. Except as otherwise provided by
21 law, no person shall complete, organize, install, repair,
22 maintain, lay out, or supervise the installation of wiring,
23 apparatus, or equipment for electrical light, heat, or power
24 unless the person is:
25 (1) licensed by the Department as a master
26 electrician; and
27 (2) the work is for a licensed electrical
28 contractor and the person is the licensed electrical
29 contractor or an employee, partner, or officer of the
30 licensed electrical contractor, or the work is performed
31 for the person's employer on electrical equipment,
32 apparatus, or facilities owned or leased by the employer
33 that is located within the limits of property owned or
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1 leased, operated, and maintained by the employer.
2 An applicant for a master electrician's license shall (i)
3 have a Bachelor of Science degree from an approved electrical
4 engineering program; (ii) have had at least one year's
5 experience, acceptable to the Director, as a licensed
6 journeyman; (iii) have had at least 5 years experience,
7 acceptable to the Director, in organizing for, directing,
8 completing, supervising, and installing wiring, apparatus, or
9 equipment for electrical light, heat, and power; or (iv) have
10 had at least 6 years experience, acceptable to the Director,
11 with an electrical contracting company in organizing,
12 estimating, directing, completing, and supervising, under the
13 supervision of a licensed master electrician, the
14 installation of electrical work for electric light, heat, and
15 power.
16 (b) Journeyman electrician. Except as otherwise
17 provided by law, no person shall wire for, install, maintain,
18 or repair electrical wiring, apparatus, or equipment, unless
19 the person is licensed by the Department as a journeyman
20 electrician employed by a licensed electrical contractor.
21 Nothing in this subsection (b), however, shall prohibit a
22 master electrician from performing the work of a journeyman
23 electrician.
24 An applicant for a journeyman electrician's license shall
25 have had at least 5 years of experience, acceptable to the
26 Director, in wiring for, installing, and repairing electrical
27 wiring, apparatus, or equipment. The Department, however, may
28 by rule or regulation provide for the allowance of one year
29 of experience credit for successful completion of a 2 year
30 post high school electrical course approved by the Board. The
31 Director shall accept as the necessary experience the
32 successful completion of an approved apprenticeship training
33 program, provided the applicant has completed 4 years
34 experience with one or more licensed contractors.
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1 (c) Apprentices. Any person may work as an apprentice
2 to a licensed electrician who is enrolled in an approved
3 program, but shall do no electrical wiring except under the
4 on-the-job supervision of a licensed electrician.
5 (d) Residential electrician. Except as otherwise
6 provided by law, no person shall construct, wire, alter,
7 maintain, or repair single family houses or apartment
8 buildings unless the person is licensed by the Department as
9 a residential electrician employed by a licensed electrical
10 contractor. Nothing in this subsection (d), however, shall
11 prohibit a master electrician or journeyman electrician from
12 performing the work of a residential electrician.
13 An applicant for a residential electrician's license
14 shall have had at least 3 years of experience, acceptable to
15 the Director, in having the necessary qualifications,
16 training and technical knowledge involving the construction,
17 wiring, alteration, or repair of single family houses or
18 apartment buildings. The Department, however, may by rule or
19 regulation provide for the allowance of one year of
20 experience credit for successful completion of a 2 year post
21 high school electrical course approved by the Board. The
22 Director shall accept as the necessary 3 years experience the
23 successful completion of an approved apprenticeship program
24 provided the applicant has completed 3 years experience with
25 one or more licensed contractors.
26 (e) Contractors. Except as otherwise provided by law,
27 no person other than an employee of a licensed electrical
28 contractor as defined in this Act or employee of a
29 manufacturing corporation having 2000 or more employees that
30 engages in the activities of an electrical contractor
31 incidental to the operation or maintenance of its own
32 business and facilities shall undertake or offer to undertake
33 to organize for, direct, complete, supervise, or install or
34 to make additions, alterations, or repairs in the
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1 installation of, or to maintain, wiring apparatus and
2 equipment for electrical light, heat, or power with or
3 without compensation unless the person obtains an electrical
4 contractor's license. An electrical contractor's license
5 shall be issued by the Department upon the contractor's
6 giving bond to the State in the penal sum of $5,000
7 conditioned upon the faithful and lawful performance of all
8 work entered into by the contractor within the State of
9 Illinois. The bond shall be for the benefit of persons
10 injured or suffering financial loss by reason of failure of
11 performance. The bond shall be filed with the Department and
12 shall be in lieu of all other license bonds to any political
13 subdivision. The bond shall be written by a corporate surety
14 licensed to do business in the State of Illinois.
15 Each licensed electrical contractor shall have and
16 maintain in effect general liability insurance, that includes
17 premises and operations insurance and products and completed
18 operations insurance, with limits of at least $100,000 per
19 occurrence, $300,000 aggregate limit for bodily injury, and
20 property damage insurance with limits of at least $25,000 or
21 a policy with a single limit for bodily injury and property
22 damage of $300,000 per occurrence and $300,000 aggregate
23 limits. The insurance shall be written by an insurer
24 licensed to do business in the State of Illinois and each
25 licensed electrical contractor shall maintain on file with
26 the Department a certificate evidencing insurance that
27 provides that the insurance shall not be cancelled without
28 the insurer first giving 15 days written notice to the
29 Department of the cancellation.
30 No contractor shall engage in business unless he or she
31 is or has in his or her employ a licensed master electrician,
32 who shall be responsible for the performance of all
33 electrical work in accordance with the requirements of this
34 Act. When an electrical contractor's license is held by an
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1 individual, partnership, or corporation and the individual,
2 one of the partners, or an officer of the corporation,
3 respectively, is not the responsible master electrician of
4 record, all requests for inspection shall be signed by the
5 responsible master electrician of record. The application
6 for an electrical contractor's license must include a
7 verified statement that the designated responsible master
8 electrician is a full time employee of the individual,
9 partnership, or corporation applying for an electrical
10 contractor's license. For purposes of this Section, a full
11 time employee of a licensed electrical contractor is an
12 individual who is not employed in any capacity as a licensed
13 electrician by any other electrical contractor.
14 Section 30. Examination. In addition to other
15 requirements imposed by this Act and except as otherwise
16 provided in this Act, as a precondition to issuance of an
17 electrician's license, each applicant must pass a written
18 examination given by the Department for the type of license
19 sought to insure the competence of each applicant for
20 license. No person failing an examination may retake it for
21 6 months, but may, within 6 months, take an examination for a
22 lesser grade of license. Any licensee failing to renew his
23 or her license for 2 years or more after its expiration shall
24 be required to retake the examination before he or she is
25 issued a new license.
26 Section 35. Experience requirements.
27 (a) Except as otherwise provided for a master
28 electrician's license under Section 25, an applicant for an
29 electrician's license shall meet the experience requirements
30 of this Section before examination for licensure.
31 (b) The maximum allowable credit for electrical
32 experience:
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1 (1) before age 16 is 6 months;
2 (2) in the military service is 12 months;
3 (3) in foreign countries is 12 months; and
4 (4) acquired during the school term of an approved
5 post high school electrical course is one.
6 (c) Experience in the categories of organizing for the
7 installation of wiring, apparatus, and equipment for light,
8 heat and power; directing for the installation of wiring,
9 apparatus, and equipment for light, heat, and power;
10 supervising the installation of wiring, apparatus, and
11 equipment for light, heat, and power, and wiring and
12 installing electrical wiring, apparatus, and equipment for
13 light, heat, and power is acceptable to the Director in the
14 following situations:
15 (1) Experience while in the employ of an electrical
16 contractor licensed under this Act.
17 (2) Experience while working in Illinois for an
18 employer who is not required to be licensed as an
19 electrical contractor, if the work is inspected and done
20 under the supervision of a properly licensed electrician.
21 (3) Experience while performing electrical work in
22 Illinois for an employer who is exempt from licensing
23 when the work is exempt from inspection or when the work
24 is performed on federal property by a federal employee,
25 if the Department has determined in either situation that
26 the experience is substantially equal to that acquired in
27 performing work while in the employ of a licensed
28 electrical contractor.
29 (4) Experience while performing electrical work
30 outside of Illinois, which the Department has determined
31 is substantially equivalent to the work performed while
32 in the employ of a licensed electrical contractor in
33 Illinois. This determination must be based on a
34 certification by the employer for the type of work
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1 performed.
2 Section 40. Military and government exemption. The
3 Department shall reinstate a license that expires while a
4 licensee is in active Military Service or government service
5 of the United States upon application to the Department by
6 the licensee within 2 years after termination of the military
7 service or government service, payment of the annual license
8 fee, and submission of evidence of the military service or
9 government service. The license shall be reinstated without
10 examination and without payment of the lapsed renewal fee.
11 Section 45. License and renewal fees. All licenses
12 issued under this Act shall expire annually in a manner as
13 provided by the Department. Fees, as set by the Department,
14 shall be payable for examination for, and issuance and
15 renewal of, all licenses under this Act.
16 Section 50. Denial, suspension, and revocation of
17 licenses. The Department may by order deny, suspend, revoke,
18 or refuse to renew a license, or may censure a licensee if it
19 finds that it is in the public interest to do so and that the
20 applicant or licensee:
21 (a) has filed an application for a license that is
22 incomplete in any material respect or contains any statement
23 that, in light of the circumstances under which it is made,
24 is false or misleading with respect to any material fact;
25 (b) has engaged in any fraudulent, deceptive, or
26 dishonest practice;
27 (c) has been convicted within the past 5 years of a
28 misdemeanor involving a violation of this Act; or
29 (d) has violated or failed to comply with this Act or
30 its rules or any order issued under this Act. A violation
31 need not be willful.
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1 The Department may adopt rules further specifying and
2 defining actions and omissions that constitute fraudulent,
3 deceptive, or dishonest practices, and establishing standards
4 of conduct for licensees.
5 Section 55. Grounds for suspension of license. The
6 Department may temporarily suspend a license and call for a
7 hearing when findings show one or more of the following:
8 (a) That the licensee obtained or conspired with others
9 to obtain a license by inducing the issuance of the license
10 in consideration of the payment of money or delivery of any
11 other thing of value or by and through misrepresentation of
12 facts.
13 (b) That the licensee willfully violated any law of this
14 State or any rules, regulation or code regulating electrical
15 wiring installations, licensed electricians, or registered
16 apprentice electricians.
17 (c) That the licensee has been guilty of negligence or
18 incompetence in the performance of installation of electrical
19 wiring.
20 (d) That the licensee has loaned or in any manner
21 transferred his or her license to another person.
22 If a license is suspended or revoked, the license shall
23 be surrendered to the Department but it shall be returned to
24 the licensee upon the termination of the suspension period.
25 The Department may refuse to issue or may suspend the
26 license of any person who fails (i) to file a return, (ii) to
27 pay the tax, penalty or interest shown in a filed return, or
28 (iii) to pay any final assessment of tax, penalty or
29 interest, as required by any tax Act administered by the
30 Illinois Department of Revenue, until the time the
31 requirements of the tax Act are satisfied.
32 Section 60. Continuation of business by estates. Upon
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1 the death of a master electrician who is an electrical
2 contractor, the Department may permit the decedent's
3 representative to carry on the business of the decedent for a
4 period not in excess of 6 months, for the purpose of
5 completing work under contract or otherwise to comply with
6 this Act. The representative shall give any bond as the
7 Department may require conditioned upon the faithful and
8 lawful performance of the work. The bond shall be for the
9 benefit of persons injured or suffering financial loss by
10 reason of failure of performance. The bond shall be written
11 by a corporate surety licensed to do business in the State of
12 Illinois. The decedent's representative shall also comply
13 with all public liability and property damage insurance
14 requirements imposed by this Act upon a licensed electrical
15 contractor. The decedent's heirs shall have option of hiring
16 a replacement master electrician and obtaining a contractor's
17 license.
18 Section 65. Reciprocity. To the extent that any other
19 state that provides for the licensing of electricians
20 provides for similar action, the Department may grant a
21 license, without examination, of the same grade and class to
22 an electrician who has been licensed by any other state for
23 at least one year, upon payment by the applicant of the
24 required fee and upon the Department being furnished with
25 proof that the qualifications of the applicant are equal to
26 the qualifications of holders of similar licenses in
27 Illinois.
28 Section 70. Exemptions for licensing.
29 (a) Employees of any manufacturing corporation having
30 2000 or more employees or of a municipal or railway utility
31 shall not be required to hold a license under any of the
32 following conditions:
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1 While performing work on installations, materials,
2 or equipment that are owned or leased, operated, and
3 maintained by the manufacturing corporation having 2000
4 or more employees, in the exercise of its manufacturing
5 function, and that (i) are used exclusively for the
6 generation, transformation, distribution, transmission,
7 or metering of electric current, or the operation of
8 railway signals, or the transmission of intelligence and
9 do not have as a principal function the consumption or
10 use of electric current by or for the benefit of any
11 person other than the manufacturing corporation having
12 2000 or more employees and (ii) are generally accessible
13 only to employees of the manufacturing corporation having
14 2000 or more employees.
15 (b) An owner shall not be required to hold or obtain a
16 license under this Act. Nevertheless, electrical work
17 performed by an owner shall comply with the minimum standards
18 contained in the National Electrical Code and shall be
19 subject to inspection by the Department. An owner shall not
20 employ anyone other than an electrician licensed under this
21 Act to assist him or her.
22 (c) Any city, village, or incorporated town having a
23 population of 500,000 or more may, by an ordinance containing
24 provisions substantially the same as those in this Act and
25 specifying educational or experience requirements equivalent
26 to those prescribed in the Act, provide for a board of
27 electrical examiners to conduct examinations for, and to
28 issue, suspend, or revoke, electricians' licenses within the
29 city village or incorporated town. Upon the enactment of
30 such an ordinance, the provisions of this Act shall not apply
31 within that municipality except as otherwise provided in this
32 Act. Any person licensed as an electrician under a local
33 ordinance, or licensed by the Department under this Act, may
34 engage in electrical wiring installation anywhere in this
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1 State.
2 (d) Nothing in this Act shall be construed to prevent
3 the practice of architecture as defined in the Illinois
4 Architecture Practice Act of 1989 or the practice of
5 professional engineering as defined in the Professional
6 Engineering Practice Act of 1989 or the practice of
7 structural engineering as defined in the Structural
8 Engineering Licensing Act of 1989.
9 (e) Nothing in this Act shall be construed to prevent an
10 owner or operator of a farm from installing, making additions
11 to, altering, maintaining, or repairing wiring, apparatus, or
12 equipment for electric light, heat, or power on the farm that
13 he or she owns or operates. For purposes of this subsection,
14 "farm" means land or a building appurtenant to land that is
15 used for an agricultural purpose or for a purpose accessory
16 to an agricultural purpose.
17 Section 75. Governmental units. No municipal
18 corporation or political subdivision shall engage in
19 electrical work unless the electrical work is performed by
20 one or more licensed electricians or apprentice electricians
21 under the supervision of licensed electricians. A
22 governmental unit may, however, contract for electrical work
23 with any person authorized to engage in electrical work in
24 this State.
25 Section 80. Display of license. Persons who advertise
26 electrical wiring services shall, at their place of business,
27 display the master electrician's license of at least one
28 member of the firm, partnership or officer of the corporation
29 and shall maintain a register listing the names and license
30 numbers of all licensed electricians and all registered
31 apprentices currently employed by them. When advertising
32 electrical wiring services the license number shall be
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1 included in all forms of written or printed advertising and
2 included with the electrical wiring identification of
3 vehicles. The Department may, by rule or regulation, require
4 additional information concerning licensed electricians and
5 registered apprentices maintained in the register.
6 Section 85. Safety standards. All electrical wiring,
7 apparatus and equipment for electric light, heat and power
8 shall comply with the rules and regulations of the Department
9 of Public Health as applicable, and be installed in
10 conformity with accepted standards of construction for safety
11 to life and property. For the purposes of this Act, the
12 regulations and safety standards stated at the time the work
13 is done in the then most recently published edition of the
14 National Electrical Code as adopted by the National Fire
15 Protection Association, Inc. and approved by the American
16 National Standards Institute, and the National Electrical
17 Safety Code as published by the Institute of Electrical and
18 Electronics Engineers, Inc. and approved by the American
19 National Standards Institute, shall be prima facie evidence
20 of accepted standards of construction for safety to life and
21 property. In the event an Illinois building code is
22 formulated containing approved methods of electrical
23 construction for safety to life and property, compliance with
24 the methods of electrical construction of that code shall
25 also constitute compliance with this Section. Nothing in
26 this Act shall prohibit any political subdivision from making
27 and enforcing more stringent requirements than set forth in
28 this Act and those requirements shall be complied with by all
29 licensed electricians working within the jurisdiction of that
30 political subdivision.
31 Section 90. Inspections.
32 (a) Required inspection. Except where any political
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1 subdivision has by ordinance provided for electrical
2 inspection similar to that provided in this Act, every new
3 electrical installation in any construction, remodeling,
4 replacement, or repair, except minor repair work as defined
5 by the Department by rule or regulation, shall be inspected
6 by the Department for compliance with accepted standards of
7 construction for safety to life and property.
8 All inspectors for the Department shall hold licenses as
9 master or journeyman electricians under this Act.
10 (b) Procedure. (1) At or before commencement of any
11 installation required to be inspected by the Department,
12 the electrical contractor or owner making the
13 installation shall submit to the Department a request for
14 inspection, in a form prescribed by the Department,
15 together with the fees required for the installation.
16 (2) The fees required are a handling fee and an
17 inspection fee. The handling fee shall be set by the
18 Department in an amount sufficient to pay the cost of
19 bringing and handling the form requesting an inspection.
20 The inspection fee shall be set by the Department in an
21 amount sufficient to pay the actual costs of the
22 inspection and the Department's costs in administering
23 the inspection.
24 (3) If the inspector finds that the installation is
25 not in compliance with accepted standards of construction
26 for safety to life and property as required by this Act,
27 the inspector shall by written order condemn the
28 installation or the noncomplying portion of the
29 installation, or order service to the installation
30 disconnected, and shall send a copy of the order to the
31 Department. If the installation or the noncomplying part
32 will seriously and proximately endanger human life and
33 property, the order of the inspector, when approved by
34 the inspector's superior, shall require immediate
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1 condemnation or disconnection. In all other cases, the
2 order of the inspector shall permit a reasonable
3 opportunity for the installation to be brought into
4 compliance with accepted standards of construction for
5 safety to life and property prior to the effective time
6 established for condemnation or disconnection.
7 (4) Copies of each condemnation or disconnection
8 order shall be served personally or by mail upon the
9 property owner, the electrical contractor or electrician
10 making the installation, and other persons as the
11 Department by rule or regulation may direct. An
12 aggrieved party may appeal any condemnation or
13 disconnection order by filing with the Department a
14 notice of appeal within 10 days after (i) service upon
15 the aggrieved party of the condemnation or disconnection
16 order, if this service is required or (ii) filing of the
17 order with the Department, whichever is later. The
18 Department shall adopt rules providing procedures for the
19 conduct of appeals, including provisions for the stay of
20 enforcement of the order of the inspector pending an
21 appeal when justified by the circumstances.
22 (5) The inspectors of the Department shall have the
23 authority to enter any building or premises at any
24 reasonable hour in the discharge of their duties, and
25 they shall have the authority when necessary, to order
26 the removal of any existing obstructions such as laths,
27 plastering, boarding, or partitions that may prevent a
28 proper inspection of the electrical installation.
29 (c) Duty of electrical utility. No electrical
30 installation subject to inspection by the Department shall be
31 newly connected or reconnected for use until there is filed,
32 with the electrical utility supplying power, a certificate of
33 the property owner or licensed electrician directing the work
34 that inspection has been requested and that the conditions of
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1 the installation are safe for energization. In all cases
2 where an order of condemnation or disconnection has been
3 issued against the installation or any part of the
4 installation, prior to connection or reconnection, there
5 shall also first be filed with the electrical utility
6 supplying the power a copy of an order of the inspector or
7 the Department dismissing the prior order of condemnation or
8 disconnection or approving the installation as being in
9 compliance with accepted standards of construction for safety
10 to life and property. With respect to transient projects,
11 this certificate shall also contain a certification that the
12 request for inspection has been or will be filed with the
13 Department so as to be received by it at least 5 days prior
14 to the date and time energization of the installation by the
15 utility is to occur, and that the request for inspection
16 states the date and time. It shall be the responsibility of
17 the Department to have inspection of the transient project
18 occur prior to the date and time at which the request states
19 energization is to occur.
20 (d) Powers of political subdivisions. Any political
21 subdivision may make provision for inspection of electrical
22 installations within its jurisdiction, in which case it shall
23 keep on file with the Department copies of its current
24 inspection ordinances and codes. Any political subdivision
25 may require any individual, partnership, corporation or other
26 business association holding a license from the Department to
27 pay any license, registration fee, or permit fees provided
28 however, that any political subdivision may provide by
29 ordinance a requirement that each individual, partnership,
30 corporation or other business association doing electrical
31 work within the jurisdiction of the political subdivision
32 have on file with the political subdivision a copy of the
33 current license issued by the Department or other evidence of
34 the license as may be provided by the Department. Each
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1 electrical inspector of any political subdivision shall be a
2 licensed master or journeyman electrician under this Act.
3 (e) Exemptions from inspections. Installations,
4 materials, or equipment shall not be subject to inspection in
5 any of the following situations:
6 (1) When owned or leased, operated, and maintained
7 by any manufacturing corporation having 2000 or more
8 employees or a railway utility in the exercise of its
9 utility or manufacturing function and that:
10 (A) are used exclusively for the generation,
11 transformation, distribution, transmission, or
12 metering of electric current, the operation of
13 railway signals, or the transmission of
14 intelligence, and do not have as a principal
15 function the consumption or use of electric current
16 by or for the benefit of any person other than the
17 manufacturing corporation having 2000 or more
18 employees;
19 (B) are generally accessible only to employees
20 of the manufacturing corporation having 2000 or more
21 employees or persons acting under its control or
22 direction; and
23 (C) are not on the load side of the meter.
24 (2) When used in the street lighting operations of
25 an electric utility.
26 (3) When used as outdoor area lights that are owned
27 and operated by an electric utility and which are
28 connected directly to its distribution system and located
29 upon the utility's distribution poles, and which are
30 generally accessible only to employees of such utility or
31 persons acting under its control or direction.
32 Section 95. Order of suspension. An order of
33 suspension, revocation, or reinstatement of a license, or of
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1 dismissal of a complaint or petition, or a certified copy of
2 an order, over the seal of the Department and purporting to
3 be signed by the Director shall be prima facie proof that:
4 (a) The signature is a genuine signature of the
5 Director.
6 (b) The Director is duly appointed and qualified.
7 (c) The Board and the Members are qualified to act.
8 Section 100. Manufacturing of electrical apparatus;
9 exemption. Electrical components, apparatus, or appliances
10 being manufactured within the limits of property that is
11 owned or leased by a manufacturer and the manufacturer's
12 production employees shall not be covered by this Act.
13 Installation or repair of electrical appliance units, except
14 (i) electrical wiring to the unit, or (ii) original wiring in
15 or on the unit installed outside the limits of property which
16 is owned or leased by a manufacturer shall not be covered by
17 this Act.
18 Section 105. Violations.
19 (a) Any person violating any provision of this Act or
20 its rules or regulations shall be guilty of a Class B
21 misdemeanor and fined a minimum of $100 for the first
22 offense. A second or subsequent violation of this Act shall
23 be a Class A misdemeanor with a minimum fine of $200. Each
24 day a violation continues constitutes a separate offense. The
25 State's Attorney of the County in which the violation
26 occurred or the Attorney General shall prosecute these
27 actions in the name of the People of the State of Illinois.
28 The court may enjoin the use of electricity installed in
29 violation of this Act or its rules or regulations until it
30 has been corrected to comply with the National Electrical
31 Code.
32 (b) If it is established that the defendant, contrary to
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1 this Act, has been engaging, is engaging, or is about to
2 engage in electrical work without having been issued a
3 license, or has been engaging or is about to engage in
4 electrical work after his or her license has been suspended
5 or revoked or after his or her license has not been renewed,
6 the Court may enter a decree perpetually enjoining the
7 defendant from further engaging in electrical work contrary
8 to this Act. In case of a violation of any injunction issued
9 under this Section, the Court may summarily try and punish
10 the offender for contempt of court. Injunction proceedings
11 shall be in addition to, and not in lieu of, all penalties
12 and other remedies in this Act.
13 Section 110. Uniform Electrical Violation Citation.
14 (a) Citation authorized. The Department may issue a
15 citation for violations of this Act and its rules, and
16 ordinances of political subdivisions. The citation must be in
17 a form as provided in this Section.
18 (b) Form of citation. The Department shall prescribe the
19 detailed form of an electrical violation citation and shall
20 revise the citation as it considers necessary and proper to
21 keep the citation in conformity with the Department's rules.
22 (3) Political subdivision may alter form of ticket. A
23 political subdivision that has made provision for inspection
24 of electrical installations within its jurisdiction may use
25 or alter by deletion or addition the electrical violation
26 citation adopted by the Department under this Section.
27 Section 115. Electricians practicing before this Act.
28 Electrical contractors who are in the business on January 1,
29 1998 and who file a license application with the Department
30 within one year after the effective date of this Act shall be
31 granted a license which shall be valid for one year from the
32 date of issuance. These licenses shall be subject to annual
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1 renewal as provided in this Act. All master, journeymen,
2 residential journeymen, and apprentices in the contractor's
3 employ shall also be granted their respective licenses.
4 Persons who are engaged in performing electrical work as
5 defined in this Act on January 1, 1998 and who file a license
6 application with the Department within one year after the
7 effective date of this Act shall be granted a license which
8 shall be valid for one year from the date of issuance. These
9 licenses shall be subject to annual renewal as provided in
10 this Act. Nothing in this Act shall forbid an electrical
11 contractor from employing more than one master electrician.
12 Section 120. Administrative Procedure Act; application.
13 The provisions of the Illinois Administrative Procedure Act
14 are expressly adopted and shall apply to all administrative
15 rules and procedures of the Department of Public Health under
16 this Act, except that Section 5 of the Illinois
17 Administrative Procedure Act relating to procedures for
18 rulemaking does not apply to the adoption of any rule
19 required by federal law in connection with which the
20 Department is precluded by law from exercising any
21 discretion.
22 Section 125. Review under Administrative Review Law. All
23 final administrative decisions of the Director under this Act
24 shall be subject to judicial review under the Administrative
25 Review Law and its rules.
26 Section 130. Home rule. Except as provided in Section 70
27 of this Act, a home rule unit may not regulate the licensing
28 of electricians and electrical contractors in a manner
29 inconsistent with the regulation by the State of electricians
30 and electrical contractors. This Section is a limitation
31 under subsection (i) of Section 6 of Article VII of the
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1 Illinois Constitution on the concurrent exercise by home rule
2 units of powers and functions exercised by the State.
3 Section 135. Severability. The provisions of this Act
4 are severable under Section 1.31 of the Statute on Statutes.
5 Section 175. The Regulatory Agency Sunset Act is amended
6 by adding Section 4.18 as follows:
7 (5 ILCS 80/4.18 new)
8 Sec. 4.18. Act repealed on January 1, 2008. The following
9 Act is repealed on January 1, 2008:
10 The Electrician Licensing Act.
11 (65 ILCS 5/11-33-1 rep.)
12 Section 195. The Illinois Municipal Code is amended by
13 repealing Section 11-33-1.
14 Section 999. Effective date. This Act takes effect July
15 1, 1998.".