Sen. Terry Link
Filed: 5/25/2004
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1 | AMENDMENT TO HOUSE BILL 1004
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2 | AMENDMENT NO. ____ . Amend House Bill 1004 by replacing | ||||||
3 | everything after
the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Electricians
Licensing
Act.
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6 | Section 5. Purpose and policy. It has been established by | ||||||
7 | 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
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11 | potentially lethal and can cause widespread fires with | ||||||
12 | disastrous
consequences to persons and property. To protect the | ||||||
13 | health of the public,
it is essential that electrical wiring be | ||||||
14 | installed by persons who have
proven their
skill in installing | ||||||
15 | electrical wiring.
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16 | Consistent with its duty to safeguard the health of the | ||||||
17 | people of this
State, the General Assembly declares that | ||||||
18 | individuals who plan,
inspect, install, alter, extend, repair, | ||||||
19 | and maintain electrical wiring
systems shall be individuals of | ||||||
20 | proven skill. Further, the General
Assembly declares that a | ||||||
21 | guide for minimum control of electrical materials
and | ||||||
22 | equipment, the design of electrical systems, and the | ||||||
23 | construction and
installation methods of electrical systems is | ||||||
24 | essential for the protection
of public health. In order to |
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1 | insure proper electrical wiring practice,
this Act provides for | ||||||
2 | the licensing of electricians and electrical
contractors and | ||||||
3 | for the adoption of the National Electrical Code as
standards | ||||||
4 | by the Department. This Act is therefore declared to be | ||||||
5 | essential
to the public interest. | ||||||
6 | Section 10. Definitions. As used in this Act: | ||||||
7 | "Approved apprenticeship program" means an apprenticeship | ||||||
8 | program approved by
the United States Department of Labor | ||||||
9 | Bureau of Apprenticeship and Training.
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10 | "Board" means the Illinois State Board of Electrical | ||||||
11 | Examiners.
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12 | "Department" means the Department of Public Health.
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13 | "Director" means the Director of Public Health.
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14 | "Electrical contractor" means a person, firm, corporation, | ||||||
15 | or other legal entity operating a
business that undertakes or | ||||||
16 | offers to undertake to plan for, lay out,
supervise, or install | ||||||
17 | or to make additions, alterations, maintenance, or
repairs in | ||||||
18 | the
installation of wiring, apparatus, and equipment for | ||||||
19 | electric light, heat, or
power with or without compensation and | ||||||
20 | who is licensed as an electrical
contractor by the Department | ||||||
21 | of Public Health. An electrical contractor's license
does not | ||||||
22 | of itself qualify its holder to perform the electrical work
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23 | authorized by holding any class of electrician's license.
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24 | "Electrical work" means the wiring, installation, | ||||||
25 | maintenance, and
repair of electrical wiring, apparatus, and | ||||||
26 | equipment and the
planning, laying out, and supervision of the | ||||||
27 | installation,
maintenance, and repair of such wiring, | ||||||
28 | apparatus, and equipment for
electric heat, light, or
power.
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29 | "Farm" means land or a building, including but not limited | ||||||
30 | to barns, livestock facilities, residences, grain storage | ||||||
31 | facilities, and machine sheds, appurtenant to land that is used | ||||||
32 | for production agriculture or for a purpose accessory to | ||||||
33 | production agriculture. |
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1 | "Governmental unit" means the State, a school district, | ||||||
2 | community college district, or unit of local government as | ||||||
3 | defined in Article VII of the Illinois Constitution.
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4 | "Journeyman electrician" means a person having the | ||||||
5 | necessary
qualifications, training, experience, and technical | ||||||
6 | knowledge to wire for,
install, maintain, and repair electrical | ||||||
7 | wiring, apparatus, and equipment for electric light, heat, or | ||||||
8 | power who
is
licensed as a journeyman electrician by the | ||||||
9 | Department.
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10 | "Maintenance worker" means a person who is a regular, bona | ||||||
11 | fide employee or agent of a property owner, property lessor, | ||||||
12 | property management company, or firm that is not in the | ||||||
13 | electrical business, but has jurisdiction over the property | ||||||
14 | where the routine maintenance of electrical systems is being | ||||||
15 | performed. | ||||||
16 | "Master electrician" means a person having the necessary | ||||||
17 | qualifications,
training, experience, and technical knowledge | ||||||
18 | to install, maintain, and repair
and to
properly plan, lay out, | ||||||
19 | and supervise the installation of wiring,
apparatus, and | ||||||
20 | equipment for electric light, heat, or power who is licensed as | ||||||
21 | a master electrician by the Department.
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22 | "Owner" means a natural person who physically performs | ||||||
23 | electrical work on
premises the person owns and actually | ||||||
24 | occupies as a
single family
residence or owns and
will occupy | ||||||
25 | as a single family residence upon completion of construction.
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26 | "Production agriculture" has the same meaning as defined in | ||||||
27 | Section 3-35 of the Service Use Tax Act. | ||||||
28 | "Registered apprentice" means a person registered with the
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29 | Department who is learning the trade through an apprenticeship | ||||||
30 | program approve by the United States Department of Labor Bureau | ||||||
31 | of Apprenticeship and Training under
the supervision of a
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32 | licensed electrician.
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33 | "Residential electrician" means a person having the | ||||||
34 | necessary
qualifications, training, experience, and technical |
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1 | knowledge involving the
construction, wiring, alteration, | ||||||
2 | maintenance, or repair of a single-family
detached residential | ||||||
3 | dwelling or a multi-family residential dwelling not exceeding 8 | ||||||
4 | units per building and who is
licensed as a residential | ||||||
5 | electrician by the Department.
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6 | "Routine maintenance of electrical systems" means the | ||||||
7 | routine and periodic servicing of electrical systems, | ||||||
8 | including cleaning, inspecting, and making adjustments to | ||||||
9 | ensure the proper operation and the removal or replacement of | ||||||
10 | component parts. "Routine maintenance of electrical systems" | ||||||
11 | does not include the installation of complete electrical | ||||||
12 | systems. | ||||||
13 | "Supervision" means that any new electrical work done by a | ||||||
14 | registered
apprentice electrician must be inspected at least | ||||||
15 | once after initial
rough-in and once upon completion by
an | ||||||
16 | Illinois licensed electrician. In addition, all renovation, | ||||||
17 | alteration,
repair, extension, modification, and maintenance | ||||||
18 | work done by a registered
apprentice electrician on an existing | ||||||
19 | electrical system must be approved by
an Illinois licensed | ||||||
20 | electrician. | ||||||
21 | Section 15. Board of Electrical Examiners. There is created | ||||||
22 | the Illinois
State Board of Electrical
Examiners which shall | ||||||
23 | exercise its duties provided in this Act under the
supervision | ||||||
24 | of the Department of Public Health. The Board shall consist of | ||||||
25 | 11
members appointed by the Director of Public Health. The | ||||||
26 | Board shall be composed of
3 licensed master electricians, 2 | ||||||
27 | licensed electrical contractors who are
members of the National | ||||||
28 | Electrical Contractors Association, one licensed electrical | ||||||
29 | contractor who is not a member of the National Electrical | ||||||
30 | Contractors Association, one licensed
electrical engineer, one | ||||||
31 | electrical inspector who holds a master or journeyman | ||||||
32 | electrician's license, one representative of a public utility, | ||||||
33 | the
State Fire Marshal or his or her designee, and a licensed |
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1 | real estate professional. In making the
appointments to the | ||||||
2 | Board, the Director shall consider the recommendations
of | ||||||
3 | individuals, firms, or organizations involved in electrical
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4 | wiring installation in this State. The Director shall also take | ||||||
5 | into
consideration the minority representation in the | ||||||
6 | population when making
appointments to the Board.
Members of | ||||||
7 | the Board shall serve 4 year terms
and until their successors | ||||||
8 | are appointed and qualified. The initial
appointments, | ||||||
9 | however, shall be as follows: 3 members for terms of 2 years, 3
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10 | members for 3 years, and 4 members for 4 years. The State Fire | ||||||
11 | Marshal's
service on the Board shall be continuous. For the | ||||||
12 | initial appointments of the licensed electrical contractors, | ||||||
13 | licensed master electricians, and electrical inspector prior | ||||||
14 | to the Board developing the rules for examination of license | ||||||
15 | applicants, the Director may appoint individuals whose | ||||||
16 | qualifications are similar to those outlined in Section 25. | ||||||
17 | Following the expiration of those terms, the Director may | ||||||
18 | reappoint those individuals or others only if such individuals | ||||||
19 | are licensed under this Act. Board members shall
receive no | ||||||
20 | compensation but shall be reimbursed for expenses incurred in
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21 | connection with their duties as Board members. | ||||||
22 | Section 20. Powers and duties of the Director. The Director | ||||||
23 | shall take all
actions necessary under this Act to carry out | ||||||
24 | the duties and responsibilities
of the Department under this | ||||||
25 | Act. The Director, with the assistance of the
Board, shall:
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26 | (a) prepare and issue licenses and provide for | ||||||
27 | registration as provided in
this Act;
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28 | (b) prescribe rules and regulations for examination of | ||||||
29 | applicants for
master, journeyman, and residential | ||||||
30 | licenses;
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31 | (c) prepare and give uniform
examinations to | ||||||
32 | applicants for master, journeyman, and
residential | ||||||
33 | licenses that shall test their knowledge and |
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1 | qualifications
in the planning and design of electrical | ||||||
2 | systems, their knowledge,
qualifications, and manual | ||||||
3 | skills in electrical installations, and their
knowledge of | ||||||
4 | materials and methods used in electrical work according to | ||||||
5 | the standards prescribed in Section 85;
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6 | (d) issue electrical contractor and master, | ||||||
7 | journeyman, and residential
licenses and license renewals | ||||||
8 | to applicants who have met the requirements for
licensure | ||||||
9 | and complied with all the prerequisites to licensure;
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10 | (e) prescribe rules for hearings to deny, suspend, | ||||||
11 | revoke, or reinstate
licenses as provided in this Act;
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12 | (f) maintain a current record showing (i) the names and | ||||||
13 | addresses of
licensed electrical contractors, master, | ||||||
14 | journeyman, and residential
electricians, and registered
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15 | apprentices; (ii) the dates of issuance of licenses; (iii) | ||||||
16 | the date and
substance for the charges set forth in any | ||||||
17 | hearing for denial, suspension,
or revocation of any | ||||||
18 | license; (iv) the date and substance of the final order
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19 | issued upon a hearing; and (v) the date and substance of | ||||||
20 | all petitions
for reinstatement of license and final orders | ||||||
21 | on petitions;
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22 | (g) establish and collect fees for the examination, | ||||||
23 | issuance, and renewal
of licenses;
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24 | (h) provide for the inspection of new electrical | ||||||
25 | installations in
construction, remodeling, replacement, | ||||||
26 | maintenance, and repair work, where
required by this Act;
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27 | (i) establish and collect fees for the handling and | ||||||
28 | inspection of new
electrical installations; and
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29 | (j) formulate and publish rules necessary or | ||||||
30 | appropriate to carrying out
the provisions of this Act.
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31 | Section 25. License and registration. | ||||||
32 | (a) On or after January 1, 2006, except as otherwise | ||||||
33 | provided by this Act, no person
shall perform electrical work |
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1 | unless the person is:
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2 | (1) licensed by the Department as a master, journeyman, | ||||||
3 | or residential electrician;
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4 | (2) registered with the Department as a person in an | ||||||
5 | approved apprenticeship program and performing electrical | ||||||
6 | work under the supervision of a licensed electrician; or
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7 | (3) licensed as an electrical contractor. | ||||||
8 | (b) Master electrician. An applicant for a master | ||||||
9 | electrician's license shall have (i) a Bachelor of Science | ||||||
10 | degree from an accredited electrical engineering
program and | ||||||
11 | had at least one year of job-related experience, acceptable to | ||||||
12 | the Board, performing electrical work under the supervision | ||||||
13 | under a licensed electrician; (ii) completed an approved | ||||||
14 | apprenticeship program and have at least one year of experience | ||||||
15 | as a licensed journeyman electrician; or (iii) at least 6 years
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16 | of experience, acceptable to the Board, with an electrical | ||||||
17 | contracting company
in planning,
estimating,
laying out, and | ||||||
18 | supervising electrical work, under the
supervision
of a | ||||||
19 | licensed electrician. The Board shall determine if | ||||||
20 | unsupervised work experience prior to January 1, 2006 counts | ||||||
21 | towards the licensing requirements.
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22 | A person practicing as an electrician on the effective date | ||||||
23 | of this Act with 6 years of experience performing electrical | ||||||
24 | work, acceptable to the Board, who files a license application | ||||||
25 | with the Department on or before January 1, 2006 and meets all | ||||||
26 | the other requirements of this Act shall be granted a temporary | ||||||
27 | master electrician's license without examination. The | ||||||
28 | temporary master electrician's license shall be valid for 2 | ||||||
29 | years from the date of issuance. As a condition of renewal, the | ||||||
30 | licensee shall pass the examination specified in Section 30 for | ||||||
31 | all master electrician applicants but shall not be required to | ||||||
32 | meet the specified continuing education requirements while | ||||||
33 | holding a temporary master electrician's license. Nothing | ||||||
34 | shall prevent the holder of a temporary license from taking the |
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1 | required examination prior to the expiration of the temporary | ||||||
2 | license. A temporary master electrician may petition the Board | ||||||
3 | for an extension of a one-year period in the event he or she | ||||||
4 | can demonstrate undue hardship or other special circumstances. | ||||||
5 | (c) Journeyman electrician. An applicant for a journeyman | ||||||
6 | electrician's license shall have (i) completed an approved | ||||||
7 | apprenticeship program under the supervision of a licensed | ||||||
8 | electrician or (ii) at
least 5 years of experience, acceptable | ||||||
9 | to the Board, performing electrical work under the supervision | ||||||
10 | of a licensed electrician.
The Department may by rule provide
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11 | for the allowance of one year of experience credit for | ||||||
12 | successful
completion of a 2 year post high school electrical | ||||||
13 | course approved by
the Board. The Board shall determine if | ||||||
14 | unsupervised work experience prior to January 1, 2006 counts | ||||||
15 | towards the licensing requirements.
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16 | A person practicing as an electrician on the effective date | ||||||
17 | of this Act with 5 years of experience performing electrical | ||||||
18 | work, acceptable to the Board, who files a license application | ||||||
19 | with the Department on or before January 1, 2006 and meets all | ||||||
20 | the other requirements of this Act shall be granted a temporary | ||||||
21 | journeyman electrician's license without examination. The | ||||||
22 | temporary journeyman electrician's license shall be valid for 2 | ||||||
23 | years from the date of issuance. As a condition of renewal, the | ||||||
24 | licensee shall pass the examination specified in Section 30 for | ||||||
25 | all journeyman electrician applicants but shall not be required | ||||||
26 | to meet the specified continuing education requirements while | ||||||
27 | holding a temporary journeyman electrician's license. Nothing | ||||||
28 | shall prevent the holder of a temporary license from taking the | ||||||
29 | required examination prior to the expiration of the temporary | ||||||
30 | license. A temporary master electrician may petition the Board | ||||||
31 | for an extension of a one-year period in the event he or she | ||||||
32 | can demonstrate undue hardship or other special circumstances. | ||||||
33 | (d) Registered apprentice. On or after January 1, 2006, a | ||||||
34 | person who is enrolled in an approved
apprenticeship program |
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1 | may perform electrical work only under the
supervision of a | ||||||
2 | licensed electrician. All apprentices shall be registered with
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3 | the Department. The Department shall provide the apprentice | ||||||
4 | with a verification of his or her registration.
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5 | (e) Residential electrician. An applicant for a | ||||||
6 | residential electrician's license shall have (i) completed an | ||||||
7 | approved apprenticeship program in residential wiring for a | ||||||
8 | single-family detached residential dwelling or multi-family | ||||||
9 | residential dwelling or its equivalent or (ii) at
least 4 years | ||||||
10 | of experience, acceptable to the Board, performing electrical | ||||||
11 | work under the supervision of a licensed electrician and the
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12 | necessary qualifications, training, and technical knowledge | ||||||
13 | involving the
construction, wiring, alteration, or repair of a | ||||||
14 | single-family detached residential dwelling or multi-family | ||||||
15 | residential dwelling. The Department may by rule provide
for | ||||||
16 | the
allowance of one year of experience credit for successful | ||||||
17 | completion of a 2
year post high school electrical course | ||||||
18 | approved by the Board. The Board shall determine if | ||||||
19 | unsupervised work experience prior to January 1, 2006 counts | ||||||
20 | towards the licensing requirements.
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21 | A person practicing as an electrician on the effective date | ||||||
22 | of this Act with 4 years of experience performing electrical | ||||||
23 | work, acceptable to the Board, and having the necessary | ||||||
24 | qualifications, training, and technical knowledge, acceptable | ||||||
25 | to the Board, involving the construction, wiring, alteration, | ||||||
26 | or repair of a single-family detached residential dwelling or | ||||||
27 | multi-family residential dwelling, who files a license | ||||||
28 | application with the Department on or before January 1, 2006 | ||||||
29 | and meets all the other requirements of this Act shall be | ||||||
30 | granted a temporary residential electrician's license without | ||||||
31 | examination. The temporary residential electrician's license | ||||||
32 | shall be valid for 2 years from the date of issuance. As a | ||||||
33 | condition of renewal, the licensee shall pass the exam | ||||||
34 | specified in Section 30 for all residential electrician |
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1 | applicants but shall not be required to meet the specified | ||||||
2 | continuing education requirements while holding a temporary | ||||||
3 | residential electrician's license. Nothing shall prevent the | ||||||
4 | holder of a temporary license from taking the required | ||||||
5 | examination prior to the expiration of the temporary license. A | ||||||
6 | temporary residential electrician may petition the Board for an | ||||||
7 | extension of a one-year period in the event he or she can | ||||||
8 | demonstrate undue hardship or other special circumstances. | ||||||
9 | (e) Contractors. On or after January 1, 2006, except as | ||||||
10 | otherwise provided by law, no person, firm, corporation, or | ||||||
11 | other legal entity shall operate as an electrical contractor | ||||||
12 | without employing a licensed master electrician, who shall be | ||||||
13 | responsible for the performance of all electrical work in | ||||||
14 | accordance with this Act. The application for an electrical | ||||||
15 | contractor's license shall include a verified statement that | ||||||
16 | the designated responsible master electrician is a full-time | ||||||
17 | employee of the applicant. For the purposes of this Section, a | ||||||
18 | full-time employee of a applicant for an electrical | ||||||
19 | contractor's license is an individual who is not employed in | ||||||
20 | any capacity as a licensed electrician by any other electrical | ||||||
21 | contractor. The Department shall establish by rule conditions | ||||||
22 | under which a contractor may petition the Department to perform | ||||||
23 | electrical work under this subsection with the supervision of a | ||||||
24 | licensed journeyman or residential electrician. | ||||||
25 | An electrical contractor in business on the effective date | ||||||
26 | of this Act who files a license application with the Department | ||||||
27 | on or before January 1, 2006 and meets all the other | ||||||
28 | requirements of this Act shall be granted a temporary | ||||||
29 | electrical contractors license pursuant to other provisions of | ||||||
30 | this Act, which shall be valid for 2 years from the date of | ||||||
31 | issuance. Thereafter, an electrical contractor shall comply | ||||||
32 | with all of the requirements of this Act. An electrical | ||||||
33 | contractor with a temporary license may petition the Board for | ||||||
34 | an extension of a one-year period in the event he or she can |
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1 | demonstrate undue hardship or other special circumstances.
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2 | An electrical
contractor giving bond to the State in
an | ||||||
3 | amount to be determined by the Department and meeting all other | ||||||
4 | requirements of this Act shall be issued a licensed by the | ||||||
5 | Department.
The bond shall be
filed with the Department and | ||||||
6 | shall be in lieu of all other license bonds
to any political | ||||||
7 | subdivision. The bond shall be written by a corporate
surety | ||||||
8 | licensed to do business in the State of Illinois.
| ||||||
9 | Each licensed electrical contractor shall have and | ||||||
10 | maintain in effect
insurance. Specific insurance requirements | ||||||
11 | and minimum limits per occurrence
shall be determined by the | ||||||
12 | Department in consultation with the Board.
The insurance shall | ||||||
13 | be written by an insurer licensed to do business in the
State | ||||||
14 | of Illinois and each licensed electrical contractor shall | ||||||
15 | maintain on
file with the Department a certificate evidencing | ||||||
16 | insurance that provides
that the insurance shall not be | ||||||
17 | cancelled without the insurer first giving
15 days written | ||||||
18 | notice to the Department of the cancellation.
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19 | (f) The Department shall prepare guidelines as to what work | ||||||
20 | experience
qualifies in determining whether an applicant meets | ||||||
21 | the requirements for
licensure under the Act. The Department | ||||||
22 | may establish by rule the number of work hours required for one | ||||||
23 | year of work experience to qualify in determining whether an | ||||||
24 | applicant meets the requirements for licensure under the Act. | ||||||
25 | The Board has discretion in determining whether any
particular | ||||||
26 | applicant's experience shall count toward the experience | ||||||
27 | necessary
for licensure under this Act.
| ||||||
28 | Section 30. Examination. In addition to other requirements | ||||||
29 | imposed by
this Act and except as otherwise provided in this | ||||||
30 | Act, as a precondition to
issuance of an electrician's license, | ||||||
31 | each applicant must pass a written
examination given by the | ||||||
32 | Department for the type of license sought to
insure the | ||||||
33 | competence of each license applicant. The examination shall |
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| |||||||
1 | test the applicant's knowledge of materials and methods used in | ||||||
2 | electrical work according to the standards prescribed in | ||||||
3 | Section 85. No person failing an examination for a license | ||||||
4 | classification 2 times within a period of 2 years may retake | ||||||
5 | the examination for one year from the date of failure of the | ||||||
6 | second examination, but may, within 6 months, take an
| ||||||
7 | examination for a lesser grade of license. Any licensee failing | ||||||
8 | to renew
his or her license for 2 years or more after its | ||||||
9 | expiration shall be required
to
retake the examination before | ||||||
10 | he or she is issued a new license. As a condition of renewal, | ||||||
11 | the Department shall require each licensee to complete a
| ||||||
12 | minimum number of hours of continuing education. The continuing | ||||||
13 | education requirement shall not exceed 16 hours of classroom | ||||||
14 | instruction during a 24-month period. The Department shall | ||||||
15 | establish by rule the curricula for the continuing education | ||||||
16 | requirement. A licensee shall provide to the Department | ||||||
17 | evidence of completing the continuing education requirement. | ||||||
18 | The curricula shall include updates to the codes specified in | ||||||
19 | Section 85. The Department shall approve any continuing | ||||||
20 | education programs and by rule any means for verification of | ||||||
21 | the continuing education requirement. | ||||||
22 | Section 40. Expiration of license; fees. | ||||||
23 | (a)
All licenses issued under this Act shall expire
every 2 | ||||||
24 | years in a manner as provided by the Department. Application, | ||||||
25 | renewal, and
all other fees provided for in this Act shall be | ||||||
26 | established by the Department
by rule.
| ||||||
27 | (b) Any licensee failing to renew his or her license for 2 | ||||||
28 | years or more after its expiration shall be required to retake | ||||||
29 | the required examination specified in Section 30 before he or | ||||||
30 | she is issued a new license. | ||||||
31 | (c) The Department shall reinstate a license that expires | ||||||
32 | while a licensee is in active military service of the United | ||||||
33 | States upon application to the Department by the licensee |
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| |||||||
1 | within 2 years after termination of the military service, | ||||||
2 | payment of the annual license fee, and submission of evidence | ||||||
3 | of the military service. The license shall be reinstated | ||||||
4 | without examination and without payment of the lapsed renewal | ||||||
5 | fee. | ||||||
6 | (d) All fees and fines collected under this Act shall be | ||||||
7 | deposited into the Electricians Licensing Dedicated Fund, | ||||||
8 | which is hereby created as a special fund the State treasury. | ||||||
9 | The Department and Board may utilize moneys in this fund for | ||||||
10 | the administration of this Act.
| ||||||
11 | Section 45. Grounds for discipline. The Department
may
by | ||||||
12 | order deny, suspend, revoke, or refuse to renew a license, or | ||||||
13 | may
censure a licensee if it finds that it is in the public | ||||||
14 | interest to do so
and that the applicant or licensee:
| ||||||
15 | |||||||
16 | (a) has filed an application for a license that
contains | ||||||
17 | any statement that, in light of the
circumstances under which | ||||||
18 | it is made, is false or misleading with respect
to any material | ||||||
19 | fact;
| ||||||
20 | (b) has engaged in any fraudulent, deceptive, or dishonest | ||||||
21 | practice;
| ||||||
22 | (c) has been convicted within the past 5 years of a | ||||||
23 | misdemeanor
involving a violation of this Act; or
| ||||||
24 | (d) has violated or failed to comply with this Act or its | ||||||
25 | rules
or any order issued under this Act. A violation need not | ||||||
26 | be willful.
| ||||||
27 | The Department may adopt rules further specifying the | ||||||
28 | grounds for suspension,
revocation, and refusal to renew a | ||||||
29 | license and establishing standards of
conduct for licensees. | ||||||
30 | Section 50. Hearing procedure. | ||||||
31 | (a) The Board, may upon its own motion,
investigate the
| ||||||
32 | actions of any person holding or claiming to hold a license if |
| |||||||
| |||||||
1 | there is reason
to believe such person has engaged or is | ||||||
2 | engaging in activity that constitutes
grounds for discipline | ||||||
3 | under Section 45 of this Act.
| ||||||
4 | (b) The Board shall, at least 10 days prior to the date set | ||||||
5 | for the hearing
and before refusing to issue or renew, suspend, | ||||||
6 | or revoke any
license,
notify the
applicant
or holder of the | ||||||
7 | license, in writing, of any charges made, and shall afford him
| ||||||
8 | or her an
opportunity to be heard in person or by counsel.
The | ||||||
9 | notice
may be served by personal delivery to the accused person | ||||||
10 | or
by registered mail to the last place of business specified | ||||||
11 | by the
accused person in the notification to the Agency.
| ||||||
12 | (c) At the time and place fixed in the notice, the Board | ||||||
13 | shall proceed to
the hearing of the charges and both the | ||||||
14 | accused person and the complainant
shall be accorded ample | ||||||
15 | opportunity to present, in person or by counsel, any
statement, | ||||||
16 | testimony, evidence, or argument that may be pertinent to the
| ||||||
17 | charges
or to any defense against the charges. The Board may | ||||||
18 | continue the hearing from
time to
time. If the Board is not | ||||||
19 | sitting at the time and place to which the hearing
has
been | ||||||
20 | continued, the Department may continue the hearing for a period | ||||||
21 | not to
exceed 30 days, and all parties in interest shall be | ||||||
22 | given notice in writing
of the
date and hour to which the | ||||||
23 | hearing has been continued and the place at which
it
is to be | ||||||
24 | held. | ||||||
25 | Section 55. Nonpayment of taxes. The Department may refuse | ||||||
26 | to issue or may
suspend the license of any person
who fails (i) | ||||||
27 | to file a federal or State tax return, (ii) to pay the tax,
| ||||||
28 | penalty, or interest shown
in
a filed return, or (iii) to pay | ||||||
29 | any final assessment of tax, penalty, or
interest,
as required | ||||||
30 | by any tax Act administered by the Illinois Department of
| ||||||
31 | Revenue, until the time the requirements of the tax Act are | ||||||
32 | satisfied. |
| |||||||
| |||||||
1 | Section 60. Continuation of business by estates. Upon the | ||||||
2 | death of a
master electrician who is an electrical contractor, | ||||||
3 | the Department may
permit the decedent's representative to
| ||||||
4 | carry on the business of the decedent for a period not in | ||||||
5 | excess of one year,
for the purpose of completing work under | ||||||
6 | contract or otherwise to
comply with this Act. The decedent's | ||||||
7 | representative may petition the Board
for an extension of the | ||||||
8 | one-year period in the event he or she can demonstrate
undue | ||||||
9 | hardship or other special circumstances. The extension may be | ||||||
10 | granted at
the recommendation of the Board, subject to | ||||||
11 | Department approval. The
representative shall give any bond as | ||||||
12 | the
Department may require conditioned upon the faithful and | ||||||
13 | lawful performance
of the work. The bond shall be for the | ||||||
14 | benefit of persons injured or
suffering financial loss by | ||||||
15 | reason of failure of performance. The
bond shall be written by | ||||||
16 | a corporate surety licensed to do business in the
State of | ||||||
17 | Illinois. The decedent's representative shall also comply with | ||||||
18 | all
public
liability and property damage insurance | ||||||
19 | requirements imposed by this
Act upon a licensed electrical | ||||||
20 | contractor.
| ||||||
21 | Section 65. Reciprocity. The Department
may grant a | ||||||
22 | license, without examination, of the same grade and class to an
| ||||||
23 | electrician who has been licensed by any other state that | ||||||
24 | provides for the
licensing of electricians in a similar manner. | ||||||
25 | The license may be granted for
at least 2 years, upon payment | ||||||
26 | by the applicant of the required fee and upon the
Department | ||||||
27 | being furnished with proof that the qualifications of the
| ||||||
28 | applicant are equal to the qualifications of Section 25 of this | ||||||
29 | Act. | ||||||
30 | Section 70. Exemptions. | ||||||
31 | (a) Employees of, or independent contractors performing | ||||||
32 | work for, any
electric utility or electric utility affiliate, |
| |||||||
| |||||||
1 | independent electric power generator, public utility as | ||||||
2 | defined in Section 3-105 of the Public Utilities Act, | ||||||
3 | generating station or generating unit of an electric utility as | ||||||
4 | described in Section 16-102 of the Public Utilities Act, | ||||||
5 | communications or railway
utility, electric system owned and
| ||||||
6 | operated by a municipal corporation or governmental unit | ||||||
7 | (notwithstanding any other provision of this Act), electric | ||||||
8 | cooperative as
defined in Section 3.4 of the Electric Supplier | ||||||
9 | Act, telephone or
telecommunications cooperative as defined in | ||||||
10 | Section 13-212 of the Public
Utilities Act, or a | ||||||
11 | telecommunications carrier as defined in Section 13-202 of the | ||||||
12 | Public Utilities Act or its affiliate or co-generation | ||||||
13 | facilities shall not be required to hold a license
while | ||||||
14 | performing work on installations, materials, or equipment
that | ||||||
15 | are owned or leased, operated, serviced, or maintained by the | ||||||
16 | electric utility or
electric utility affiliate, independent | ||||||
17 | electric power generator, public utility, generating station | ||||||
18 | or generating unit of an electric utility, communications or | ||||||
19 | railway utility, electric system
owned and operated by a | ||||||
20 | municipal corporation or governmental unit,
electric | ||||||
21 | cooperative, telephone or telecommunications cooperative, or | ||||||
22 | telecommunications carrier or its affiliate or co-generation | ||||||
23 | facilities in the exercise of its utility or telephone | ||||||
24 | function, and that (i) are used
exclusively for the generation, | ||||||
25 | transformation,
distribution, transmission, or metering of | ||||||
26 | electric current, or the
operation of railway signals, traffic | ||||||
27 | signals, or street lights, or the transmission of intelligence | ||||||
28 | and do
not have as a principal function the consumption or use | ||||||
29 | of electric current
by or for the benefit of any person other | ||||||
30 | than the
electric utility or electric utility affiliate, | ||||||
31 | independent electric power generator, public utility, | ||||||
32 | generating station or generating unit of an electric utility, | ||||||
33 | communications or railway
utility, electric system owned and | ||||||
34 | operated by a municipal corporation or
governmental unit, |
| |||||||
| |||||||
1 | electric, telephone, or telecommunications
cooperative, or | ||||||
2 | telecommunications carrier or its affiliate or their end users | ||||||
3 | and (ii) are generally accessible only to employees of the
| ||||||
4 | electric utility or electric utility affiliate, independent | ||||||
5 | electric power generator, public utility, generating station | ||||||
6 | or generating unit of an electric utility, communications or | ||||||
7 | railway
utility, electric system owned and operated by a | ||||||
8 | municipal corporation or
governmental unit, electric, | ||||||
9 | telephone, or telecommunications
cooperative, or | ||||||
10 | telecommunications carrier or its affiliate or persons acting | ||||||
11 | under its control or
direction. Persons performing work | ||||||
12 | subcontracted out to an electrical contractor or other | ||||||
13 | contractors, however, shall be in compliance with the licensure
| ||||||
14 | requirements of this Act.
| ||||||
15 | (b) Contractors employing pipefitters, sprinkler fitters, | ||||||
16 | licensed plumbers, or sheet metal workers performing | ||||||
17 | modification, service, maintenance, retro fit, or warranty | ||||||
18 | work in plumbing, heating, sprinkler fitting, irrigation, | ||||||
19 | ventilation, air conditioning, refrigeration (HVACR) systems, | ||||||
20 | instrumentation, control work, or stress relieving is exempt | ||||||
21 | from this Act. For the installation or replacement of equipment | ||||||
22 | in the HVACR industry, modifications to the external power | ||||||
23 | wiring to the equipment is exempt. The installation of wiring | ||||||
24 | for irrigation when being installed by a registered or licensed | ||||||
25 | irrigation worker shall be exempt from this Act. Persons | ||||||
26 | performing work subcontracted out to an electrical contractor | ||||||
27 | or other contractors, however, shall be in compliance with the | ||||||
28 | licensure requirements of this Act. | ||||||
29 | (c) Employees of contractors performing construction or | ||||||
30 | maintenance work on any transmission or distribution lines | ||||||
31 | owned, leased, operated and maintained by the utilities | ||||||
32 | described in subsection (a) shall be exempt from the provisions | ||||||
33 | and licensing requirements of this Act, and employees of | ||||||
34 | contractors performing construction or maintenance work on any |
| |||||||
| |||||||
1 | transmission lines owned, leased, operated, and maintained by | ||||||
2 | an independent transmission company, system, or entity | ||||||
3 | approved by the Federal Energy Regulatory Commission and the | ||||||
4 | Illinois Commerce Commission shall be exempt from this Act. | ||||||
5 | (d) Employees of contractors performing construction or | ||||||
6 | maintenance work on highway lighting or street lighting owned, | ||||||
7 | leased, operated, and maintained by governmental units and | ||||||
8 | their departments and political subdivisions shall be exempt | ||||||
9 | from this Act. | ||||||
10 | (e) Employees of contractors performing construction or | ||||||
11 | maintenance work on traffic signals owned, leased, operated, | ||||||
12 | and maintained by a governmental unit and its departments and | ||||||
13 | political subdivisions shall be exempt from this Act, provided | ||||||
14 | that these employees are Traffic Signal Level II certified | ||||||
15 | under the International Municipal Sign Association (IMSA). | ||||||
16 | (f) An owner shall not be required to hold a license under
| ||||||
17 | this Act. Nevertheless, electrical work performed by an owner | ||||||
18 | shall comply
with the minimum standards contained in the | ||||||
19 | National Electrical Code and any additional standards or | ||||||
20 | requirements established by a political subdivision and shall
| ||||||
21 | be subject to inspection by the Department. Unless otherwise | ||||||
22 | specified in this Act, an owner shall not employ
anyone other | ||||||
23 | than an electrician licensed under this Act to assist him or | ||||||
24 | her.
| ||||||
25 | (g) Any city, village, or incorporated town having a | ||||||
26 | population of
500,000 or more may, by an ordinance containing | ||||||
27 | provisions substantially
the same as those in this Act and | ||||||
28 | specifying educational or experience
requirements equivalent | ||||||
29 | to those prescribed in the Act, provide for a board
of | ||||||
30 | electrical examiners to conduct examinations for, and to issue,
| ||||||
31 | suspend, or revoke, electricians' licenses within the city, | ||||||
32 | village, or
incorporated town. Upon the enactment of such an | ||||||
33 | ordinance, the provisions of
this Act shall not apply within | ||||||
34 | that municipality except as otherwise
provided in this Act. Any |
| |||||||
| |||||||
1 | person
licensed as an electrician under the local ordinance, or | ||||||
2 | licensed by the
Department under this Act, shall meet the | ||||||
3 | requirements to perform electrical work anywhere in this State.
| ||||||
4 | (h) Nothing in this Act shall be construed to prevent an | ||||||
5 | owner or operator
of a farm or his or her employees from | ||||||
6 | installing, making additions to,
altering, maintaining, or
| ||||||
7 | repairing wiring, apparatus, or equipment for electric light, | ||||||
8 | heat, or power on the farm that he or she owns or operates.
| ||||||
9 | (i) Employees of a manufacturing corporation
that engage in | ||||||
10 | activities normally requiring licensure under this Act shall be
| ||||||
11 | exempt when such activities are pursuant to the operation or | ||||||
12 | maintenance of
its existing business and facilities. Persons | ||||||
13 | performing work subcontracted out to an electrical contractor | ||||||
14 | or other contractor, however, shall be in compliance with the | ||||||
15 | licensure requirements of this Act.
| ||||||
16 | (j) The minor repair of existing electrical systems does | ||||||
17 | not require
licensure under this Act. For the purposes of this | ||||||
18 | subsection, "minor repair"
means repairs to existing | ||||||
19 | electrical systems that do not require a permit to be
issued | ||||||
20 | under any local ordinance. | ||||||
21 | (k) The provisions of this Act shall not apply to the | ||||||
22 | installation, replacement, service, or repair of household | ||||||
23 | products, including but not limited to audio and video | ||||||
24 | equipment, appliances, fans, garbage disposals, and garage | ||||||
25 | door openers by a business entity that may be engaged in the | ||||||
26 | retail sale of consumer products.
| ||||||
27 | (l) Any person, firm, or company licensed under and | ||||||
28 | performing work in accordance with the Elevator Safety and | ||||||
29 | Regulation Act shall be exempt from this Act. | ||||||
30 | (m) Employees of a governmental unit that engage in | ||||||
31 | activities normally requiring licensure under this Act are | ||||||
32 | exempt when such activities are pursuant to their normal duties | ||||||
33 | in the operation or maintenance of its existing facilities. | ||||||
34 | Unless otherwise specified in this Act, a governmental unit |
| |||||||
| |||||||
1 | that is involved in new construction that results in the | ||||||
2 | expansion of its facilities must utilize licensed electricians | ||||||
3 | for any associated electrical work. | ||||||
4 | (n) Electrical engineers licensed under the Professional | ||||||
5 | Engineering Practice Act of 1989 practicing in accordance with | ||||||
6 | that Act shall be exempt from this Act. | ||||||
7 | (o) Architects licensed under the Illinois Architecture | ||||||
8 | Practice Act of 1989 practicing in accordance with that Act | ||||||
9 | shall be exempt from this Act.
| ||||||
10 | (p) Any person, firm, corporation, or other legal entity | ||||||
11 | laying out, installing, maintaining, or repairing alarm, | ||||||
12 | security, or communication systems and practicing in | ||||||
13 | accordance with the Private Detective, Private Alarm, Private | ||||||
14 | Security, and Locksmith Act of 2004 shall be exempt from this | ||||||
15 | Act.
| ||||||
16 | (q) Nothing in this Act shall require or be construed to | ||||||
17 | apply to the registration or licensure of any community antenna | ||||||
18 | television system franchised pursuant to Illinois law, nor any | ||||||
19 | agent or employee of any such community antenna television | ||||||
20 | system in relation to the installation, removal, repair, | ||||||
21 | servicing, or maintenance of any community antenna television | ||||||
22 | system or equipment. | ||||||
23 | (r) Nothing in this Act shall prohibit a factory-authorized | ||||||
24 | representative from installing, maintaining, or servicing a | ||||||
25 | medical equipment device. This exemption shall not include work | ||||||
26 | providing electrical feeds into the power distribution unit or | ||||||
27 | installation of conduits and raceways. This exemption shall | ||||||
28 | cover only those factory engineers or third-party service | ||||||
29 | companies with equivalent training who are qualified to perform | ||||||
30 | such service. For the purposes of this Act, "medical equipment | ||||||
31 | device" includes any "medical device" as defined in the Medical | ||||||
32 | Device Amendments of 1976, as amended, and as interpreted by | ||||||
33 | the Food and Drug Administration of the United States | ||||||
34 | Department of Health and Human Services or its successor. |
| |||||||
| |||||||
1 | (s) Nothing in this Act shall require that a maintenance | ||||||
2 | worker performing routine maintenance of electrical systems be | ||||||
3 | licensed. | ||||||
4 | Section 80. Display of license. Persons who advertise | ||||||
5 | electrical wiring
services shall, at their place of business, | ||||||
6 | display the master
electrician's license of at least one member | ||||||
7 | of the firm, partnership or
officer of the corporation and | ||||||
8 | shall maintain a register listing the names
and license numbers | ||||||
9 | of all licensed electricians and all registered
apprentices | ||||||
10 | currently employed by them. When advertising electrical wiring
| ||||||
11 | services, the license number shall be included in all forms of | ||||||
12 | written or
printed advertising and included with the electrical | ||||||
13 | wiring identification
of vehicles. The Department may, by rule | ||||||
14 | or regulation, require additional
information concerning | ||||||
15 | licensed electricians and
registered apprentices to be | ||||||
16 | maintained in the register. | ||||||
17 | Section 85. Safety standards. All electrical wiring, | ||||||
18 | apparatus, and
equipment for
electric light, heat, or power | ||||||
19 | shall comply with all applicable rules
of the Department and | ||||||
20 | shall be installed in conformity
with accepted standards of | ||||||
21 | construction for safety to life and property.
For the purposes | ||||||
22 | of this Act, the regulations and safety standards stated
at the | ||||||
23 | time the work is designed in the then most recently published | ||||||
24 | edition of
the National Electrical Code as adopted by the | ||||||
25 | National Fire Protection
Association, Inc. and approved by the | ||||||
26 | American National Standards
Institute, and the National | ||||||
27 | Electrical Safety Code as published by the
Institute of | ||||||
28 | Electrical and Electronics Engineers, Inc. and approved by the
| ||||||
29 | American National Standards Institute, shall be prima facie | ||||||
30 | evidence of
accepted standards of construction for safety to | ||||||
31 | life and property. | ||||||
32 | Nothing in this Act shall prohibit any political |
| |||||||
| |||||||
1 | subdivision from making and enforcing more stringent | ||||||
2 | requirements than those set forth in this Act and all licensed | ||||||
3 | electricians working within the jurisdiction of that political | ||||||
4 | subdivision shall comply with those requirements. Nothing in | ||||||
5 | this Act, however, shall be construed to give a political | ||||||
6 | subdivision the authority to apply its standards or | ||||||
7 | requirements to electrical work performed on a farm. | ||||||
8 | Section 90. Inspections. | ||||||
9 | (a) Except where any political subdivision has by
ordinance | ||||||
10 | provided for electrical inspection similar to that provided in
| ||||||
11 | this Act, every new electrical installation on and after | ||||||
12 | January 1, 2006 in any construction,
remodeling, replacement, | ||||||
13 | or repair shall be inspected by the Department
for compliance | ||||||
14 | with accepted standards of construction for safety to life and
| ||||||
15 | property.
| ||||||
16 | (b) No such inspections shall be required for electrical | ||||||
17 | work performed by
persons exempt from licensure under Section | ||||||
18 | 70 of this Act, except that
inspections shall be required for | ||||||
19 | work performed under subsection (f) of
Section 70.
| ||||||
20 | (c) The Department may appoint or employ inspectors to be | ||||||
21 | employed on a full-time or part-time basis. All inspectors for | ||||||
22 | the Department shall hold a license as a master electrician or | ||||||
23 | journeyman electrician or be certified to conduct electrical | ||||||
24 | inspections by a nationally recognized inspector certification | ||||||
25 | program approved by the Board. In areas of this State
where a | ||||||
26 | sufficient number of licensed master electricians, licensed | ||||||
27 | journeyman electricians, or individuals certified to conduct | ||||||
28 | electrical inspections by a nationally recognized inspector | ||||||
29 | certification program approved by the Board are not
available | ||||||
30 | to the Department to perform inspections under this Act, the
| ||||||
31 | Department may designate other persons whom it determines to be | ||||||
32 | suitably
qualified by training or experience. |
| |||||||
| |||||||
1 | Section 95. Procedures for inspection. | ||||||
2 | (a) At or before commencement of any installation required
| ||||||
3 | to be
inspected by the Department, the electrical contractor or | ||||||
4 | owner making the
installation shall submit to the Department a | ||||||
5 | request for inspection, in a
form prescribed by the Department, | ||||||
6 | together with the fees required for the
installation.
| ||||||
7 | (b) The fees required are a handling fee and an inspection | ||||||
8 | fee. The
handling fee shall be set by the Department in an | ||||||
9 | amount sufficient to pay
the cost of bringing and handling the | ||||||
10 | form requesting an inspection. The
inspection fee shall be set | ||||||
11 | by the Department in an amount sufficient to
pay the actual | ||||||
12 | costs of the inspection and the Department's costs in
| ||||||
13 | administering the inspection.
| ||||||
14 | (c) If the inspector finds that the installation is not in | ||||||
15 | compliance
with accepted standards of construction for safety | ||||||
16 | to life and property as
required by this Act, the inspector | ||||||
17 | shall, by written order, condemn the
installation or the | ||||||
18 | noncomplying portion of the installation, or order service
to | ||||||
19 | the
installation disconnected, and shall send a copy of the | ||||||
20 | order to the
Department. If the installation or the | ||||||
21 | noncomplying part will seriously
and proximately endanger | ||||||
22 | human life and property, the order of the
inspector, when | ||||||
23 | approved by the inspector's superior, shall require
immediate | ||||||
24 | condemnation or disconnection. In all other cases, the order of
| ||||||
25 | the inspector shall permit a reasonable opportunity for the | ||||||
26 | installation to
be brought into compliance with accepted | ||||||
27 | standards of construction for
safety to life and property prior | ||||||
28 | to the effective time established for
condemnation or | ||||||
29 | disconnection.
| ||||||
30 | (d) Copies of each condemnation or disconnection order | ||||||
31 | shall be served
personally or by mail upon the property owner, | ||||||
32 | the electrical
contractor or electrician making the | ||||||
33 | installation, and other persons as the
Department by rule may | ||||||
34 | direct. An aggrieved party may appeal
any condemnation or |
| |||||||
| |||||||
1 | disconnection order by filing with the Department a
notice of | ||||||
2 | appeal within 10 days after (i) service upon the aggrieved | ||||||
3 | party
of the condemnation or disconnection order, if this | ||||||
4 | service is required or
(ii) filing of the order with the | ||||||
5 | Department, whichever is later.
The Department shall adopt | ||||||
6 | rules providing procedures for the conduct of
appeals, | ||||||
7 | including provisions for the stay of enforcement of the order | ||||||
8 | of
the inspector pending an appeal when justified by the | ||||||
9 | circumstances.
| ||||||
10 | (e) The inspectors of the Department shall have the | ||||||
11 | authority to enter
any building or premises at any reasonable | ||||||
12 | working hour in the discharge of their
duties, and they shall | ||||||
13 | have the authority, when necessary, to order the
removal of any | ||||||
14 | existing obstructions such as laths, plastering, boarding,
or | ||||||
15 | partitions that may prevent a proper inspection of the | ||||||
16 | electrical
installation.
| ||||||
17 | (f) No electrical installation subject to
inspection by the | ||||||
18 | Department shall be newly connected or reconnected for
use | ||||||
19 | until there is filed, with the electrical utility supplying | ||||||
20 | power, a
certificate of the property owner or licensed | ||||||
21 | electrician directing the
work that inspection has been | ||||||
22 | requested and that the conditions of the
installation are safe | ||||||
23 | for energization. In all cases
where an order of condemnation | ||||||
24 | or disconnection has been issued against the
installation or | ||||||
25 | any part of the installation, prior to connection or
| ||||||
26 | reconnection, there shall also first be filed with the | ||||||
27 | electrical utility
supplying the power a
copy of an order of | ||||||
28 | the inspector or the Department dismissing the prior
order of | ||||||
29 | condemnation or disconnection or approving the installation as
| ||||||
30 | being in compliance with accepted standards of construction for | ||||||
31 | safety to
life and property. With respect to transient | ||||||
32 | projects, this
certificate shall also contain a certification | ||||||
33 | that the request for
inspection has been or will be filed with | ||||||
34 | the Department so as to be
received by it at least 5 days prior |
| |||||||
| |||||||
1 | to the date and time energization
of the installation by the | ||||||
2 | utility is to occur, and that the request for
inspection states | ||||||
3 | the date and time. It shall be the responsibility of
the | ||||||
4 | Department to have inspection of the transient project occur | ||||||
5 | prior to
the date and time at which the request states | ||||||
6 | energization is to occur.
| ||||||
7 | (g) Any political subdivision may make
provision for | ||||||
8 | inspection of electrical installations within its
| ||||||
9 | jurisdiction, in which case it shall keep on file with the | ||||||
10 | Department
copies of its current inspection ordinances and | ||||||
11 | codes. Any political
subdivision may require any individual, | ||||||
12 | partnership, corporation, or other
business association | ||||||
13 | holding a license from the Department
to pay any license, | ||||||
14 | registration fee, or permit fees.
Any political subdivision may | ||||||
15 | provide by ordinance a
requirement that each individual, | ||||||
16 | partnership, corporation, or other
business association doing | ||||||
17 | electrical work within the jurisdiction of the
political | ||||||
18 | subdivision have on file with the political subdivision a copy
| ||||||
19 | of the current license issued by the Department or other | ||||||
20 | evidence of
the license as may be provided by the Department. | ||||||
21 | Each electrical
inspector of any political subdivision shall | ||||||
22 | hold a license as a master electrician or journeyman | ||||||
23 | electrician or be certified to conduct electrical inspections | ||||||
24 | by a nationally recognized inspector certification program | ||||||
25 | approved by the Board. An electrical inspector employed by a | ||||||
26 | political subdivision and engaged in the regulation and | ||||||
27 | inspection of electrical wiring activities regulated under | ||||||
28 | this Act on January 1, 2006 shall be permitted to conduct | ||||||
29 | electrical inspections for 2 years from the application date. | ||||||
30 | Thereafter, the inspector must meet all of the requirements of | ||||||
31 | this Act. | ||||||
32 | Section 100. Violations. | ||||||
33 | (a) Any person violating any provision of this Act or its |
| |||||||
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1 | rules
shall be guilty of a Class B misdemeanor
and fined a | ||||||
2 | minimum of $100 for the first offense. A second or
subsequent | ||||||
3 | violation of this Act shall be a Class A misdemeanor
with a | ||||||
4 | minimum fine of $200. Each day a violation continues | ||||||
5 | constitutes a
separate
offense. The State's Attorney of the | ||||||
6 | County in which the violation occurred
or the Attorney General | ||||||
7 | may prosecute these actions in the name of the People
of the | ||||||
8 | State of Illinois. The court may enjoin the use of electricity
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9 | installed in violation of this Act or its rules
until it has | ||||||
10 | been corrected to comply with the National Electrical Code.
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11 | (b) If it is established that the defendant, contrary to | ||||||
12 | this Act, has
been engaging, is engaging, or is about to engage | ||||||
13 | in electrical work without
having been
issued a license, or has | ||||||
14 | been engaging or is about to engage in electrical work
after
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15 | his or her license has been suspended or revoked or after his | ||||||
16 | or her license
has not been
renewed, the Department may levy a | ||||||
17 | penalty not to exceed $5,000 per offense.
This penalty shall be | ||||||
18 | assessed by the Department after a hearing is held in
| ||||||
19 | accordance with the provisions set forth in Section 50 of this | ||||||
20 | Act. | ||||||
21 | Section 110. Administrative Procedure Act; application. | ||||||
22 | The provisions of the Illinois Administrative Procedure Act
are | ||||||
23 | expressly adopted and shall apply to all
administrative rules | ||||||
24 | and procedures of the Department of Public Health under this
| ||||||
25 | Act, except that Section 5 of the Illinois Administrative | ||||||
26 | Procedure Act
relating to procedures for rulemaking does not | ||||||
27 | apply to the adoption of
any rule required by federal law in | ||||||
28 | connection with which the Department is
precluded by law from | ||||||
29 | exercising any discretion. | ||||||
30 | Section 115. Review under Administrative Review Law. All | ||||||
31 | final administrative decisions of the Director under this Act | ||||||
32 | shall be
subject to judicial review under the Administrative
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1 | Review Law and its rules. | ||||||
2 | Section 120. Home rule. A
home rule unit may not regulate | ||||||
3 | electricians and electrical contractors in a manner less | ||||||
4 | restrictive than
the regulation by the State of electricians | ||||||
5 | and electrical contractors.
This Section is a limitation under | ||||||
6 | subsection (i) of Section 6 of Article
VII of the Illinois | ||||||
7 | Constitution on the concurrent exercise by home rule
units of | ||||||
8 | powers and functions exercised by the State.
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9 | Section 900. The Regulatory Sunset Act is amended by adding | ||||||
10 | Section
4.25 as follows:
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11 | (5 ILCS 80/4.25 new)
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12 | Sec. 4.25. Act repealed on January 1, 2015. The following | ||||||
13 | Act is repealed on January 1, 2015:
| ||||||
14 | The Electricians Licensing Act.
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15 | Section 905. The State Finance Act is amended by adding | ||||||
16 | Section
5.625 as follows:
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17 | (30 ILCS 105/5.625 new)
| ||||||
18 | Sec. 5.625. The Electricians Licensing Dedicated Fund.
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19 | Section 999. Effective date. This Act takes effect upon | ||||||
20 | becoming law.".
|