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91_SB0442
LRB9105052ACtm
1 AN ACT concerning the regulation of electricians.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Electrician Licensing Act.
6 Section 5. Purpose and policy. It has been established
7 by documented evidence that improper electrical wiring can
8 adversely affect the well being of the public. Improper
9 electrical wiring can cause fires due to short circuits and
10 overloading of protection devices. Faulty wiring is
11 potentially lethal and can cause widespread fires with
12 disastrous consequences to persons and property. To protect
13 the health of the public, it is essential that electrical
14 wiring be installed by persons who have proven their
15 knowledge of physics and mathematics and their skill in
16 installing electrical wiring.
17 Consistent with its duty to safeguard the health of the
18 people of this State, the General Assembly declares that
19 individuals who plan, inspect, install, alter, extend,
20 repair, and maintain electrical wiring systems shall be
21 individuals of proven skill. Further, the General Assembly
22 declares that a guide for minimum control of electrical
23 materials and equipment, the design of electrical systems,
24 and the construction and installation methods of electrical
25 systems is essential for the protection of public health. In
26 order to insure proper electrical wiring practice, this Act
27 provides for the licensing of electricians and electrical
28 contractors and 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 "Board" means the Illinois State Board of Electrical
3 Examiners.
4 "Department" means the Illinois Department of Labor.
5 "Director" means the Director of the Illinois Department
6 of Labor.
7 "Electrical contractor" means a person, firm, or
8 corporation operating a business that undertakes or offers to
9 undertake to plan for, lay out, supervise, or install or to
10 make additions, alterations, maintenance, or repairs in the
11 installation of wiring, apparatus or equipment for electric
12 light, heat, or power with or without compensation and who is
13 licensed as an electrical contractor by the Department of
14 Labor. An electrical contractor's license does not of itself
15 qualify its holder to perform the electrical work authorized
16 by holding any class of electrician's license.
17 "Governmental unit" means a city, village, incorporated
18 town, or county.
19 "Journeyman electrician" means a person having the
20 necessary qualifications, training, experience, and technical
21 knowledge to wire for, install, maintain, and repair
22 electrical wiring, apparatus, and equipment who is licensed
23 as a journeyman electrician by the Department of Labor.
24 "Master electrician" means a person having the necessary
25 qualifications, training, experience, and technical knowledge
26 to install, maintain, and repair and to properly plan, lay
27 out, and supervise the installation of wiring, apparatus, and
28 equipment for electric light, heat, power, and other purposes
29 who is licensed as a master electrician by the Department of
30 Labor.
31 "Owner" means a natural person who physically performs
32 electrical work on premises the person owns and actually
33 occupies as a single family residence or owns and will occupy
34 as a single family residence upon completion of construction.
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1 "Registered apprentice" means a person registered with
2 the Department of Labor, who is learning the trade under the
3 supervision of a licensed electrician.
4 "Residential electrician" means a person having the
5 necessary qualifications, training, experience, and technical
6 knowledge involving the construction, wiring, alteration,
7 maintenance, or repair of single family houses or apartment
8 buildings and who is licensed as a residential electrician by
9 the Department of Labor.
10 "Supervision" means any new electrical work done by a
11 registered apprentice electrician must be inspected at least
12 once after initial rough-in and once upon completion by an
13 Illinois licensed electrician. In addition, all renovation,
14 alteration, repair, extension, modification, and maintenance
15 work done by a registered apprentice electrician on an
16 existing electrical system must be approved by an Illinois
17 licensed electrician.
18 Section 15. Board of Electrical Examiners.
19 (a) There is created the Illinois State Board of
20 Electrical Examiners which shall exercise its duties provided
21 in this Act under the supervision of the Department of Labor.
22 The Board shall consist of 11 members appointed by the
23 Director of Labor. The Board shall be composed of 3 licensed
24 master electricians, 3 licensed electrical contractors, one
25 licensed electrical engineer, one electrical inspector
26 employed on a full time basis by a governmental unit, one
27 representative of a public utility, the State Fire Marshal,
28 and a member of the general public. In making the
29 appointments to the Board, the Director shall consider the
30 recommendations of individuals, firms, or organizations
31 involved in electrical wiring installation in this State.
32 Members of the Board shall serve 4 year terms and until their
33 successors are appointed and qualified. The initial
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1 appointments, however, shall be as follows: 3 members for
2 terms of 2 years, 3 members for 3 years, and 4 members for 4
3 years. The State Fire Marshal's service on the Board shall be
4 continuous. Board members shall receive no compensation but
5 shall be reimbursed for expenses incurred in connection with
6 their duties as Board members.
7 (b) The Board shall aid the Director and the Department
8 by:
9 (1) preparing subject matter for examinations as
10 provided in this Act;
11 (2) suggesting rules to govern examinations and
12 hearing for suspension, revocation, or reinstatement of
13 licenses;
14 (3) submitting recommendations to the Director from
15 time to time for the efficient administration of this
16 Act;
17 (4) grading all tests and examinations for licenses
18 and promptly reporting the results to the Director; and
19 (5) performing other duties from time to time
20 prescribed by the Director.
21 Section 20. Powers and duties of the Director. The
22 Director shall:
23 (a) prepare forms for application for examination
24 for master, journeyman, and residential licenses;
25 (b) prepare and issue licenses as provided in this
26 Act;
27 (c) with the aid of the Board, prescribe rules and
28 regulations for examination of applicants for master,
29 journeyman, and residential licenses;
30 (d) with the aid of the Board, prepare and give
31 uniform and comprehensive examinations to applicants for
32 master, journeyman, and residential licenses that shall
33 test their knowledge and qualifications in the planning
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1 and design of electrical systems, their knowledge,
2 qualifications, and manual skills in electrical
3 installations, and their knowledge of the National
4 Electrical Code relating to materials, design, and
5 installation of methods of electrical systems;
6 (e) issue master, journeyman, and residential
7 licenses and license renewals to every applicant who has
8 passed the examination and who has paid the required
9 license and renewal fee;
10 (f) prescribe rules for hearings to deny, suspend,
11 revoke, or reinstate licenses as provided in this Act;
12 (g) maintain a current record showing (i) the names
13 and addresses of licensed master, journeyman, and
14 residential electricians and registered apprentices; (ii)
15 the dates of issuance of licenses; (iii) the date and
16 substance for the charges set forth in any hearing for
17 denial, suspension, or revocation of any license; (iv)
18 the date and substance of the final order issued upon a
19 hearing; and (v) the date and substance of all petitions
20 for reinstatement of license and final orders on
21 petitions;
22 (h) establish and collect fees for the examination,
23 issuance, and renewal of licenses;
24 (i) provide for the inspection of new electrical
25 installations in construction, remodeling, replacement,
26 maintenance, and repair work;
27 (j) establish and collect fees for the handling and
28 inspection of new electrical installations; and
29 (k) formulate and publish rules necessary or
30 appropriate to carrying out the provisions of this Act.
31 Section 25. Licenses.
32 (a) Master electrician. Except as otherwise provided by
33 law, no person shall plan, install, repair, maintain, lay
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1 out, or supervise the installation of wiring, apparatus, or
2 equipment for electrical light, heat, power, or other
3 purposes unless the person is:
4 (1) licensed by the Department as a master
5 electrician; and
6 (2) the work is for a licensed electrical
7 contractor and the person is the licensed electrical
8 contractor or an employee, partner, or officer of the
9 licensed electrical contractor, or the work is performed
10 for the person's employer on electrical equipment,
11 apparatus, or facilities owned or leased by the employer
12 that is located within the limits of property owned or
13 leased, operated, and maintained by the employer.
14 An applicant for a master electrician's license shall (i)
15 be a graduate of a 4-year electrical course in an accredited
16 college or university; (ii) have had at least one year's
17 experience, acceptable to the Board, as a licensed
18 journeyman; (iii) have had at least 5 years experience,
19 acceptable to the Board, in planning for, laying out,
20 supervising, and installing wiring, apparatus, or equipment
21 for electrical light, heat, and power; or (iv) have had at
22 least 6 years experience, acceptable to the Board, with an
23 electrical contracting company in planning, estimating,
24 laying out, and supervising, under the supervision of a
25 licensed master electrician, the installation of electrical
26 work for electric light, heat, and power.
27 (b) Journeyman electrician. Except as otherwise
28 provided by law, no person shall wire for, install, maintain,
29 or repair electrical wiring, apparatus, or equipment, unless
30 the person is licensed by the Department as a journeyman
31 electrician employed by a licensed electrical contractor.
32 Nothing in this subsection (b), however, shall prohibit a
33 master electrician from performing the work of a journeyman
34 electrician.
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1 An applicant for a journeyman electrician's license shall
2 have had at least 5 years of experience, acceptable to the
3 Board, in wiring for, installing, and repairing electrical
4 wiring, apparatus, or equipment. The Department, however, may
5 by rule or regulation provide for the allowance of one year
6 of experience credit for successful completion of a 2 year
7 post high school electrical course approved by the Board.
8 (c) Apprentices. Any person may work as an apprentice
9 to a licensed electrician who is enrolled in an approved
10 program, but shall do no electrical wiring except under the
11 on-the-job supervision of a licensed electrician.
12 (d) Residential electrician. Except as otherwise
13 provided by law, no person shall construct, wire, alter,
14 maintain, or repair single family houses or apartment
15 buildings unless the person is licensed by the Department as
16 a residential electrician employed by a licensed electrical
17 contractor. Nothing in this subsection (d), however, shall
18 prohibit a master electrician or journeyman electrician from
19 performing the work of a residential electrician.
20 An applicant for a residential electrician's license
21 shall have had at least 3 years of experience, acceptable to
22 the Board, in having the necessary qualifications, training,
23 and technical knowledge involving the construction, wiring,
24 alteration, or repair of single family houses or apartment
25 buildings. The Department, however, may by rule or regulation
26 provide for the allowance of one year of experience credit
27 for successful completion of a 2 year post high school
28 electrical course approved by the Board.
29 (e) Contractors. Except as otherwise provided by law,
30 no person other than an employee of a licensed electrical
31 contractor as defined in this Act shall undertake or offer to
32 undertake to plan for, lay out, supervise, or install or to
33 make additions, alterations, or repairs in the installation
34 of, or to maintain, wiring apparatus and equipment for
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1 electrical light, heat, or power with or without compensation
2 unless the person obtains an electrical contractor's license.
3 An electrical contractor's license shall be issued by the
4 Department upon the contractor's giving bond to the State in
5 the penal sum of $5,000 conditioned upon the faithful and
6 lawful performance of all work entered into by the contractor
7 within the State of Illinois. The bond shall be for the
8 benefit of persons injured or suffering financial loss by
9 reason of failure of performance. The bond shall be filed
10 with the Department and shall be in lieu of all other license
11 bonds to any political subdivision. The bond shall be
12 written by a corporate surety licensed to do business in the
13 State of Illinois.
14 Each licensed electrical contractor shall have and
15 maintain in effect general liability insurance, that includes
16 premises and operations insurance and products and completed
17 operations insurance, with limits of at least $100,000 per
18 occurrence, $300,000 aggregate limit for bodily injury, and
19 property damage insurance with limits of at least $25,000 or
20 a policy with a single limit for bodily injury and property
21 damage of $300,000 per occurrence and $300,000 aggregate
22 limits. The insurance shall be written by an insurer
23 licensed to do business in the State of Illinois and each
24 licensed electrical contractor shall maintain on file with
25 the Department a certificate evidencing insurance that
26 provides that the insurance shall not be cancelled without
27 the insurer first giving 15 days written notice to the
28 Department of the cancellation.
29 No contractor shall engage in business unless he or she
30 is or has in his or her employ a licensed master electrician,
31 who shall be responsible for the performance of all
32 electrical work in accordance with the requirements of this
33 Act. When an electrical contractor's license is held by an
34 individual, partnership, or corporation and the individual,
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1 one of the partners, or an officer of the corporation,
2 respectively, is not the responsible master electrician of
3 record, all requests for inspection shall be signed by the
4 responsible master electrician of record. The application
5 for an electrical contractor's license must include a
6 verified statement that the designated responsible master
7 electrician is a full time employee of the individual,
8 partnership, or corporation applying for an electrical
9 contractor's license. For purposes of this Section, a full
10 time employee of a licensed electrical contractor is an
11 individual who is not employed in any capacity as a licensed
12 electrician by any other electrical contractor.
13 Section 30. Examination. In addition to other
14 requirements imposed by this Act and except as otherwise
15 provided in this Act, as a precondition to issuance of an
16 electrician's license, each applicant must pass a written
17 examination given by the Department for the type of license
18 sought to insure the competence of each applicant for
19 license. No person failing an examination may retake it for
20 6 months, but may, within 6 months, take an examination for a
21 lesser grade of license. Any licensee failing to renew his
22 or her license for 2 years or more after its expiration shall
23 be required to retake the examination before he or she is
24 issued a new license.
25 Section 35. Experience requirements.
26 (a) Except as otherwise provided for a master
27 electrician's license under Section 25, an applicant for an
28 electrician's license shall meet the experience requirements
29 of this Section before examination for licensure.
30 (b) The maximum allowable credit for electrical
31 experience:
32 (1) before age 16 is 6 months;
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1 (2) in the military service is 12 months;
2 (3) in foreign countries is 12 months; and
3 (4) acquired during the school term of an approved
4 post high school electrical course is 12 months.
5 (c) Experience in the categories of planning for the
6 installation of wiring, apparatus, and equipment for light,
7 heat, and power; laying out for the installation of wiring,
8 apparatus, and equipment for light, heat, and power;
9 supervising the installation of wiring, apparatus, and
10 equipment for light, heat, and power; and wiring and
11 installing electrical wiring, apparatus, and equipment for
12 light, heat, and power is acceptable to the Board in the
13 following situations:
14 (1) experience while in the employ of an electrical
15 contractor licensed under this Act;
16 (2) experience while working in Illinois for an
17 employer who is not required to be licensed as an
18 electrical contractor, if the work is inspected and done
19 under the supervision of a properly licensed electrician;
20 (3) experience while performing electrical work in
21 Illinois for an employer who is exempt from licensing
22 when the work is exempt from inspection or when the work
23 is performed on federal property by a federal employee,
24 if the Department has determined in either situation that
25 the experience is substantially equal to that acquired in
26 performing work while in the employ of a licensed
27 electrical contractor;
28 (4) experience while performing electrical work
29 outside of Illinois, which the Department has determined
30 is substantially equivalent to the work performed while
31 in the employ of a licensed electrical contractor in
32 Illinois. This determination must be based on a
33 certification by the employer for the type of work
34 performed.
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1 Section 40. Military exemption. The Department shall
2 reinstate a license that expires while a licensee is in
3 active Military Service of the United States upon application
4 to the Department by the licensee within 2 years after
5 termination of the military service, payment of the annual
6 license fee, and submission of evidence of the military
7 service. The license shall be reinstated without
8 examination and without payment of the lapsed renewal fee.
9 Section 45. License and renewal fees.
10 (a) All licenses issued under this Act shall expire
11 annually in a manner as provided by the Department.
12 (b) The following fees are non-refundable:
13 (1) The application fee for a license or temporary
14 license is $100.
15 (2) The fee for the renewal of a license is $25.
16 (3) The fee for the reinstatement of a license that
17 has been expired for less than 2 years is $50, plus
18 payment of all unpaid renewal fees.
19 (4) The fee for the restoration of a license that
20 has been expired for more than 2 years is $100.
21 (5) The fee for the issuance of a duplicate
22 license, the issuance of a replacement that has been lost
23 or destroyed, or the issuance of a license with a change
24 of name or address, other than during the renewal period,
25 is $25. No fee for name and address changes on
26 Department records when no duplicate license is issued.
27 (6) The fee for the certification of a licensee's
28 record for any purpose is $25.
29 (7) The fee for the rescoring of an examination is
30 the cost to the Department of rescoring the examination,
31 plus any fees charged by the applicable testing service
32 to have the examination rescored.
33 (8) The fee for copies of a license shall be the
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1 actual cost of producing the copies.
2 (9) The fee for a roster of persons licensed as
3 electricians is the actual cost of producing the roster.
4 (10) The fee for application for a license by an
5 electrician registered or licensed under the laws of
6 another state is $100.
7 Section 50. Denial, suspension, and revocation of
8 licenses. The Department may by order deny, suspend, revoke,
9 or refuse to renew a license, or may censure a licensee if it
10 finds that it is in the public interest to do so and that the
11 applicant or licensee:
12 (a) has filed an application for a license that is
13 incomplete in any material respect or contains any statement
14 that, in light of the circumstances under which it is made,
15 is false or misleading with respect to any material fact;
16 (b) has engaged in any fraudulent, deceptive, or
17 dishonest practice;
18 (c) has been convicted within the past 5 years of a
19 misdemeanor involving a violation of this Act; or
20 (d) has violated or failed to comply with this Act or
21 its rules or any order issued under this Act. A violation
22 need not be willful.
23 The Department may adopt rules further specifying and
24 defining actions and omissions that constitute fraudulent,
25 deceptive, or dishonest practices, and establishing standards
26 of conduct for licensees.
27 Section 55. Grounds for suspension of license. The
28 Department may temporarily suspend a license and call for a
29 hearing when findings show one or more of the following:
30 (a) That the licensee obtained or conspired with others
31 to obtain a license by inducing the issuance of the license
32 in consideration of the payment of money or delivery of any
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1 other thing of value or by and through misrepresentation of
2 facts.
3 (b) That the licensee willfully violated any law of this
4 State or any rules, regulation, or code regulating electrical
5 wiring installations, licensed electricians, or registered
6 apprentice electricians.
7 (c) That the licensee has been guilty of negligence or
8 incompetence in the performance of installation of electrical
9 wiring.
10 (d) That the licensee has loaned or in any manner
11 transferred his or her license to another person.
12 If a license is suspended or revoked, the license shall
13 be surrendered to the Department but it shall be returned to
14 the licensee upon the termination of the suspension period.
15 The Department may refuse to issue or may suspend the
16 license of any person who fails (i) to file a return, (ii) to
17 pay the tax, penalty, or interest shown in a filed return, or
18 (iii) to pay any final assessment of tax, penalty, or
19 interest, as required by any tax Act administered by the
20 Illinois Department of Revenue, until the time the
21 requirements of the tax Act are satisfied.
22 Section 60. Continuation of business by estates. Upon
23 the death of a master electrician who is an electrical
24 contractor, the Department may permit the decedent's
25 representative to carry on the business of the decedent for a
26 period not in excess of 6 months, for the purpose of
27 completing work under contract or otherwise to comply with
28 this Act. The representative shall give any bond as the
29 Department may require conditioned upon the faithful and
30 lawful performance of the work. The bond shall be for the
31 benefit of persons injured or suffering financial loss by
32 reason of failure of performance. The bond shall be written
33 by a corporate surety licensed to do business in the State of
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1 Illinois. The decedent's representative shall also comply
2 with all public liability and property damage insurance
3 requirements imposed by this Act upon a licensed electrical
4 contractor.
5 Section 65. Reciprocity. To the extent that any other
6 state that provides for the licensing of electricians
7 provides for similar action, the Department may grant a
8 license, without examination, of the same grade and class to
9 an electrician who has been licensed by any other state for
10 at least one year, upon payment by the applicant of the
11 required fee and upon the Department being furnished with
12 proof that the qualifications of the applicant are equal to
13 the qualifications of holders of similar licenses in
14 Illinois.
15 Section 70. Exemptions for licensing.
16 (a) Employees of any electric, communications, or
17 railway utility, or a telephone company or its employees, or
18 of any independent contractor performing work on behalf of
19 any utility or telephone company, shall not be required to
20 hold a license under any of the following conditions:
21 (1) While performing work on installations,
22 materials, or equipment that are owned or leased,
23 operated, and maintained by the utility or telephone
24 company in the exercise of its utility or telephone
25 function, and that (i) are used exclusively for the
26 generation, transformation, distribution, transmission,
27 or metering of electric current, or the operation of
28 railway signals, or the transmission of intelligence and
29 do not have as a principal function the consumption or
30 use of electric current by or for the benefit of any
31 person other than the utility or telephone company; (ii)
32 are generally accessible only to employees of the utility
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1 or telephone company or persons acting under its control
2 or direction; and (iii) are not on the load side of the
3 meter.
4 (2) While performing work on installations,
5 materials, or equipment that are a part of the street
6 lighting operations of the utility.
7 (3) While installing or performing work on outdoor
8 area lights that are directly connected to a utility's
9 distribution system and located upon the utility's
10 distribution poles, and are generally accessible only to
11 employees of the utility or persons acting under its
12 control or direction.
13 (b) An owner shall not be required to hold or obtain a
14 license under this Act. Nevertheless, electrical work
15 performed by an owner shall comply with the minimum standards
16 contained in the National Electrical Code and shall be
17 subject to inspection by the Department. An owner shall not
18 employ anyone other than an electrician licensed under this
19 Act to assist him or her.
20 (c) Any city, village, or incorporated town having a
21 population of 500,000 or more may, by an ordinance containing
22 provisions substantially the same as those in this Act and
23 specifying educational or experience requirements equivalent
24 to those prescribed in the Act, provide for a board of
25 electrical examiners to conduct examinations for, and to
26 issue, suspend, or revoke, electricians' licenses within the
27 city, village, or incorporated town. Upon the enactment of
28 such an ordinance, the provisions of this Act shall not apply
29 within that municipality except as otherwise provided in this
30 Act. Any person licensed as an electrician under a local
31 ordinance, or licensed by the Department under this Act, may
32 engage in electrical wiring installation anywhere in this
33 State.
34 (d) Nothing in this Act shall be construed to prevent
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1 the practice of architecture as defined in the Illinois
2 Architecture Practice Act of 1989 or the practice of
3 professional engineering as defined in the Professional
4 Engineering Practice Act of 1989 or the practice of
5 structural engineering as defined in the Structural
6 Engineering Licensing Act of 1989.
7 (e) Nothing in this Act shall be construed to prevent an
8 owner or operator of a farm from installing, making additions
9 to, altering, maintaining, or repairing wiring, apparatus, or
10 equipment for electric light, heat, or power on the farm that
11 he or she owns or operates. For purposes of this subsection,
12 "farm" means land or a building appurtenant to land that is
13 used for an agricultural purpose or for a purpose accessory
14 to an agriculture purpose.
15 Section 75. Governmental units. No municipal
16 corporation or political subdivision shall engage in
17 electrical work unless the electrical work is performed by
18 one or more licensed electricians or apprentice electricians
19 under the supervision of licensed electricians. A
20 governmental unit may, however, contract for electrical work
21 with any person authorized to engage in electrical work in
22 this State.
23 Section 80. Display of license. Persons who advertise
24 electrical wiring services shall, at their place of business,
25 display the master electrician's license of at least one
26 member of the firm, partnership or officer of the corporation
27 and shall maintain a register listing the names and license
28 numbers of all licensed electricians and all registered
29 apprentices currently employed by them. When advertising
30 electrical wiring services, the license number shall be
31 included in all forms of written or printed advertising and
32 included with the electrical wiring identification of
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1 vehicles. The Department may, by rule or regulation, require
2 additional information concerning licensed electricians and
3 registered apprentices maintained in the register.
4 Section 85. Safety standards. All electrical wiring,
5 apparatus, and equipment for electric light, heat, and power
6 shall comply with the rules of the Department of Labor, as
7 applicable, and be installed in conformity with accepted
8 standards of construction for safety to life and property.
9 For the purposes of this Act, the regulations and safety
10 standards stated at the time the work is done in the then
11 most recently published edition of the National Electrical
12 Code as adopted by the National Fire Protection Association,
13 Inc. and approved by the American National Standards
14 Institute, and the National Electrical Safety Code as
15 published by the Institute of Electrical and Electronics
16 Engineers, Inc. and approved by the American National
17 Standards Institute, shall be prima facie evidence of
18 accepted standards of construction for safety to life and
19 property. In the event an Illinois building code is
20 formulated containing approved methods of electrical
21 construction for safety to life and property, compliance with
22 the methods of electrical construction of that code shall
23 also constitute compliance with this Section. Nothing in
24 this Act shall prohibit any political subdivision from making
25 and enforcing more stringent requirements than set forth in
26 this Act and those requirements shall be complied with by all
27 licensed electricians working within the jurisdiction of that
28 political subdivision; except that nothing in this Act shall
29 be construed to give a political subdivision the authority to
30 apply those standards or requirements to electrical work
31 performed on a farm.
32 Section 90. Inspections.
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1 (a) Except where any political subdivision has by
2 ordinance provided for electrical inspection similar to that
3 provided in this Act, every new electrical installation in
4 any construction, remodeling, replacement, or repair, except
5 minor repair work as defined by the Department by rule, shall
6 be inspected by the Department for compliance with accepted
7 standards of 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) At or before commencement of any installation
11 required to be inspected by the Department, the electrical
12 contractor or owner making the installation shall submit to
13 the Department a request for inspection, in a form prescribed
14 by the Department, together with the fees required for the
15 installation.
16 (c) 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. The
20 inspection fee shall be set by the Department in an amount
21 sufficient to pay the actual costs of the inspection and the
22 Department's costs in administering the inspection.
23 (d) If the inspector finds that the installation is not
24 in compliance with accepted standards of construction for
25 safety to life and property as required by this Act, the
26 inspector shall, by written order, condemn the installation
27 or the noncomplying portion of the installation, or order
28 service to the installation disconnected, and shall send a
29 copy of the order to the Department. If the installation or
30 the noncomplying part will seriously and proximately endanger
31 human life and property, the order of the inspector, when
32 approved by the inspector's superior, shall require immediate
33 condemnation or disconnection. In all other cases, the order
34 of the inspector shall permit a reasonable opportunity for
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1 the installation to be brought into compliance with accepted
2 standards of construction for safety to life and property
3 prior to the effective time established for condemnation or
4 disconnection.
5 (e) Copies of each condemnation or disconnection order
6 shall be served personally or by mail upon the property
7 owner, the electrical contractor or electrician making the
8 installation, and other persons as the Department by rule may
9 direct. An aggrieved party may appeal any condemnation or
10 disconnection order by filing with the Department a notice of
11 appeal within 10 days after (i) service upon the aggrieved
12 party of the condemnation or disconnection order, if this
13 service is required or (ii) filing of the order with the
14 Department, whichever is later. The Department shall adopt
15 rules providing procedures for the conduct of appeals,
16 including provisions for the stay of enforcement of the order
17 of the inspector pending an appeal when justified by the
18 circumstances.
19 (f) The inspectors of the Department shall have the
20 authority to enter any building or premises at any reasonable
21 hour in the discharge of their duties, and they shall have
22 the authority, when necessary, to order the removal of any
23 existing obstructions such as laths, plastering, boarding, or
24 partitions that may prevent a proper inspection of the
25 electrical installation.
26 (g) No electrical installation subject to inspection by
27 the Department shall be newly connected or reconnected for
28 use until there is filed, with the electrical utility
29 supplying power, a certificate of the property owner or
30 licensed electrician directing the work that inspection has
31 been requested and that the conditions of the installation
32 are safe for energization. In all cases where an order of
33 condemnation or disconnection has been issued against the
34 installation or any part of the installation, prior to
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1 connection or reconnection, there shall also first be filed
2 with the electrical utility supplying the power a copy of an
3 order of the inspector or the Department dismissing the prior
4 order of condemnation or disconnection or approving the
5 installation as being in compliance with accepted standards
6 of construction for safety to life and property. With
7 respect to transient projects, this certificate shall also
8 contain a certification that the request for inspection has
9 been or will be filed with the Department so as to be
10 received by it at least 5 days prior to the date and time
11 energization of the installation by the utility is to occur,
12 and that the request for inspection states the date and time.
13 It shall be the responsibility of the Department to have
14 inspection of the transient project occur prior to the date
15 and time at which the request states energization is to
16 occur.
17 (h) Any political subdivision may make provision for
18 inspection of electrical installations within its
19 jurisdiction, in which case it shall keep on file with the
20 Department copies of its current inspection ordinances and
21 codes. Any political subdivision may require any individual,
22 partnership, corporation, or other business association
23 holding a license from the Department to pay any license,
24 registration fee, or permit fees provided however, that any
25 political subdivision may provide by ordinance a requirement
26 that each individual, partnership, corporation, or other
27 business association doing electrical work within the
28 jurisdiction of the political subdivision have on file with
29 the political subdivision a copy of the current license
30 issued by the Department or other evidence of the license as
31 may be provided by the Department. Each electrical inspector
32 of any political subdivision shall be a licensed master or
33 journeyman electrician under this Act.
34 (i) Installations, materials, or equipment shall not be
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1 subject to inspection in any of the following situations:
2 (1) When owned or leased, operated, and maintained
3 by any electric, communications, or railway utility or
4 telephone company in the exercise of its utility or
5 telephone function and that:
6 (A) are used exclusively for the generation,
7 transformation, distribution, transmission, or
8 metering of electric current, the operation of
9 railway signals, or the transmission of
10 intelligence, and do not have as a principal
11 function the consumption or use of electric current
12 by or for the benefit of any person other than the
13 utility or telephone company;
14 (B) are generally accessible only to employees
15 of the utility or telephone company or persons
16 acting under its control or direction; and
17 (C) are not on the load side of the meter.
18 (2) When used in the street lighting operations of
19 an electric utility.
20 (3) When used as outdoor area lights that are owned
21 and operated by an electric utility and which are
22 connected directly to its distribution system and located
23 upon the utility's distribution poles, and which are
24 generally accessible only to employees of such utility or
25 persons acting under its control or direction.
26 (j) No inspection under this Act shall be made of farms.
27 Section 95. Order of suspension. An order of
28 suspension, revocation, or reinstatement of a license, or of
29 dismissal of a complaint or petition, or a certified copy of
30 an order, over the seal of the Department and purporting to
31 be signed by the Director, shall be prima facie proof that:
32 (1) the signature is the genuine signature of the
33 Director;
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1 (2) the Director is duly appointed and qualified;
2 and
3 (3) the Board and its members are qualified to act.
4 Section 100. Manufacturing of electrical apparatus;
5 exemption. Electrical components, apparatus, or appliances
6 being manufactured within the limits of property that is
7 owned or leased by a manufacturer and the manufacturer's
8 production employees shall not be covered by this Act.
9 Installation or repair of electrical appliance units, except
10 (i) electrical wiring to the unit, or (ii) original wiring in
11 or on the unit installed outside the limits of property which
12 is owned or leased by a manufacturer shall not be covered by
13 this Act.
14 Section 105. Violations.
15 (a) Any person violating any provision of this Act or
16 its rules shall be guilty of a Class B misdemeanor and fined
17 a minimum of $100 for the first offense. A second or
18 subsequent violation of this Act shall be a Class A
19 misdemeanor with a minimum fine of $200. Each day a violation
20 continues constitutes a separate offense. The State's
21 Attorney of the County in which the violation occurred or the
22 Attorney General shall prosecute these actions in the name of
23 the People of the State of Illinois. The court may enjoin the
24 use of electricity installed in violation of this Act or its
25 rules until it has been corrected to comply with the National
26 Electrical Code.
27 (b) If it is established that the defendant, contrary to
28 this Act, has been engaging, is engaging, or is about to
29 engage in electrical work without having been issued a
30 license, or has been engaging or is about to engage in
31 electrical work after his or her license has been suspended
32 or revoked or after his or her license has not been renewed,
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1 the Court may enter a decree perpetually enjoining the
2 defendant from further engaging in electrical work contrary
3 to this Act. In case of a violation of any injunction issued
4 under this Section, the Court may summarily try and punish
5 the offender for contempt of court. Injunction proceedings
6 shall be in addition to, and not in lieu of, all penalties
7 and other remedies in this Act.
8 Section 110. Uniform Electrical Violation Citation.
9 (a) The Department may issue a citation for violations
10 of this Act and its rules and ordinances of political
11 subdivisions. The citation must be in a form as provided in
12 this Section.
13 (b) The Department shall prescribe the detailed form of
14 an electrical violation citation and shall revise the
15 citation as it considers necessary and proper to keep the
16 citation in conformity with the Department's rules.
17 (3) A political subdivision that has made provision for
18 inspection of electrical installations within its
19 jurisdiction may use or alter, by deletion or addition, the
20 electrical violation citation adopted by the Department under
21 this Section.
22 Section 115. Electricians practicing before this Act.
23 Electrical contractors who are in the business on January 1,
24 2000 and who file a license application with the Department
25 within 180 days after the effective date of this Act shall be
26 granted a license which shall be valid for one year from the
27 date of issuance. These licenses shall be subject to annual
28 renewal as provided in this Act.
29 Persons who have five years experience in performing
30 electrical work as defined in this Act on January 1, 2000 and
31 who file a license application with the Department within 180
32 days after January 1, 2000 shall be granted a license which
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1 shall be valid for one year from the date of issuance. These
2 licenses shall be subject to annual renewal as provided in
3 this Act.
4 Electrical inspectors who are employed by a governmental
5 unit and engaged in the regulation and inspection of
6 electrical wiring activities regulated under this Act on
7 January 1, 2000, and who file a license application with the
8 Department within one year after January 1, 2000, shall be
9 granted a master electrician license that shall be valid for
10 one year from the date of issuance.
11 Section 120. Administrative Procedure Act; application.
12 The provisions of the Illinois Administrative Procedure Act
13 are expressly adopted and shall apply to all administrative
14 rules and procedures of the Department of Labor under this
15 Act, except that Section 5 of the Illinois Administrative
16 Procedure Act relating to procedures for rulemaking does not
17 apply to the adoption of any rule required by federal law in
18 connection with which the Department is precluded by law from
19 exercising any discretion.
20 Section 125. Review under Administrative Review Law. All
21 final administrative decisions of the Director under this Act
22 shall be subject to judicial review under the Administrative
23 Review Law and its rules.
24 Section 130. Home rule. A home rule unit may not
25 regulate the licensing of electricians and electrical
26 contractors in a manner inconsistent with the regulation by
27 the State of electricians and electrical contractors. This
28 Section is a limitation under subsection (i) of Section 6 of
29 Article VII of the Illinois Constitution on the concurrent
30 exercise by home rule units of powers and functions exercised
31 by the State.
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1 Section 195. The Regulatory Sunset Act is amended by
2 adding Section 4.20 as follows:
3 (5 ILCS 80/4.20 new)
4 Sec. 4.20. Act repealed on January 1, 2010. The
5 following Act is repealed on January 1, 2010:
6 The Electrician Licensing Act.
7 Section 200. This Act takes effect January 1, 2000.