Sen. Terry Link
Filed: 6/18/2004
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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. The General Assembly finds | ||||||
7 | that the use of improper electrical materials and the improper | ||||||
8 | installation of electrical materials, including but not | ||||||
9 | limited to wiring, affects the safety, health, and well-being | ||||||
10 | of the public. The use of improper electrical materials and the | ||||||
11 | improper installation of electrical materials can result in | ||||||
12 | disastrous or deadly consequences to the public's safety and | ||||||
13 | health and the destruction or damage of property. In fulfilling | ||||||
14 | its responsibility to safeguard the safety and health of | ||||||
15 | persons and their property, the General Assembly finds that it | ||||||
16 | is necessary to establish certain minimum standards regarding | ||||||
17 | the use of electrical materials and to further establish | ||||||
18 | certain minimum standards regarding the knowledge, skills, and | ||||||
19 | experience of persons who plan, inspect, install, alter, | ||||||
20 | extend, and repair electrical materials and systems. This Act | ||||||
21 | provides for the licensing of electricians and electrical
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22 | contractors and for the adoption of a Minimum Electrical Code | ||||||
23 | by the Department. This Act is therefore declared to be | ||||||
24 | essential
to the public interest. |
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1 | Section 10. Definitions. As used in this Act:
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2 | "Apprentice" means a natural person enrolled in an | ||||||
3 | apprenticeship program approved by the United States | ||||||
4 | Department of Labor Bureau of Apprenticeship and Training who | ||||||
5 | installs, alters, or repairs electrical wiring, apparatus, and | ||||||
6 | equipment for electric heat, light, or power within or on a | ||||||
7 | building, residence, structure, or real property under the | ||||||
8 | supervision of a licensed electrician. | ||||||
9 | "Approved apprenticeship program" means an apprenticeship | ||||||
10 | program approved by
the United States Department of Labor | ||||||
11 | Bureau of Apprenticeship and Training.
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12 | "Board" means the Illinois State Board of Electrical | ||||||
13 | Examiners.
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14 | "Department" means the Department of Public Health.
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15 | "Director" means the Director of Public Health.
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16 | "Electrical contractor" means a natural or legal person or | ||||||
17 | any association thereof operating a
business that undertakes or | ||||||
18 | offers to undertake to plan for, lay out,
supervise, or install | ||||||
19 | or to make additions, alterations, or
repairs in the
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20 | installation of electrical wiring, apparatus, and equipment | ||||||
21 | for electric light, heat, or
power within or on a building, | ||||||
22 | residence, structure, or real property with or without | ||||||
23 | compensation and who is licensed to engage in electrical | ||||||
24 | contracting as an electrical
contractor by the Department of | ||||||
25 | Public Health. An electrical contractor's license
does not of | ||||||
26 | itself qualify its holder to perform the electrical work
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27 | authorized by holding any class of electrician's license.
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28 | "Electrical work" means the installation, alteration, or
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29 | repair of electrical wiring, apparatus, and equipment for | ||||||
30 | electric heat, light, or power within or on a building, | ||||||
31 | residence, structure, or real property and the
planning, laying | ||||||
32 | out, or supervision of the installation,
alteration, or repair | ||||||
33 | of electrical wiring, apparatus, and equipment for
electric |
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1 | heat, light, or
power within or on a building, residence, | ||||||
2 | structure, or real property.
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3 | "Farm" means land or a building, including but not limited | ||||||
4 | to barns, livestock facilities, residences, grain storage | ||||||
5 | facilities, and machine sheds, appurtenant to land that is used | ||||||
6 | for production agriculture or for a purpose accessory to | ||||||
7 | production agriculture. | ||||||
8 | "Governmental unit" means the State, a school district, or | ||||||
9 | a community college district or a unit of local government as | ||||||
10 | defined in Article VII of the Illinois Constitution.
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11 | "Journeyman electrician" means a natural person having the | ||||||
12 | necessary
qualifications, training, experience, and technical | ||||||
13 | knowledge to install, alter, and repair electrical wiring, | ||||||
14 | apparatus, and equipment for electric light, heat, or power | ||||||
15 | within or on a building, residence, structure, or real property | ||||||
16 | who
is
licensed as a journeyman electrician by the Department.
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17 | "Maintenance worker" means a natural person who is a | ||||||
18 | regular, bona fide employee or agent of a property owner, | ||||||
19 | property lessor, property management company, or firm that is | ||||||
20 | not in the electrical business, but has possession or control | ||||||
21 | over the property where the routine maintenance of electrical | ||||||
22 | systems is being performed.
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23 | "Owner" means a natural person who physically performs | ||||||
24 | electrical work on: | ||||||
25 | (i) premises owned by the person and in which the | ||||||
26 | person actually resides as a single-family residence; or | ||||||
27 | (ii) premises owned by the person and in which the | ||||||
28 | person will reside as a single-family residence upon | ||||||
29 | completion of construction. | ||||||
30 | "Person" means any natural or legal person or any | ||||||
31 | association thereof. | ||||||
32 | "Production agriculture" has the same meaning as defined in | ||||||
33 | Section 3-35 of the Service Use Tax Act. | ||||||
34 | "Residential electrical work" means the installation, |
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1 | alteration, or repair of electrical wiring, apparatus, or | ||||||
2 | equipment and the planning, laying out, or supervision of the | ||||||
3 | installation, alteration, or repair of electrical wiring, | ||||||
4 | apparatus, and equipment for electrical heat, light, or power | ||||||
5 | in a single-family detached residential dwelling or a | ||||||
6 | multi-family residential dwelling not exceeding 8 units per | ||||||
7 | building.
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8 | "Residential electrician" means a natural person having | ||||||
9 | the necessary
qualifications, training, experience, and | ||||||
10 | technical knowledge to install, alter, or repair electrical | ||||||
11 | wiring, apparatus, and equipment for electrical heat, light, or | ||||||
12 | power in a single-family
detached residential dwelling or a | ||||||
13 | multi-family residential dwelling not exceeding 8 units per | ||||||
14 | building and who is
licensed as a residential electrician by | ||||||
15 | the Department.
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16 | "Routine maintenance of electrical systems" means the | ||||||
17 | routine and periodic servicing of electrical systems, | ||||||
18 | including cleaning, inspecting, and making adjustments to | ||||||
19 | ensure the proper operation and the removal or replacement of | ||||||
20 | component parts. "Routine maintenance of electrical systems" | ||||||
21 | does not include the installation of complete electrical | ||||||
22 | systems. | ||||||
23 | "Supervision" means that any new electrical work done by a | ||||||
24 | registered
apprentice electrician must be inspected at least | ||||||
25 | once after initial
rough-in and once upon completion by
an | ||||||
26 | Illinois licensed electrician. In addition, all renovation, | ||||||
27 | alteration,
repair, extension, and modification work done by a | ||||||
28 | registered
apprentice electrician on an existing electrical | ||||||
29 | system must be approved by
an Illinois licensed electrician. | ||||||
30 | Section 15. Board of Electrical Examiners. | ||||||
31 | (a) There is created the Illinois
State Board of Electrical
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32 | Examiners which shall exercise its duties provided in this Act | ||||||
33 | under the
supervision of the Department of Public Health. The |
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1 | Board shall consist of 13
members appointed by the Governor. | ||||||
2 | The Board shall be composed of
3 licensed journeyman | ||||||
3 | electricians, one licensed residential electrician, 2 licensed | ||||||
4 | electrical contractors who are
members of the National | ||||||
5 | Electrical Contractors Association, one licensed electrical | ||||||
6 | contractor who is a member of the Independent Electrical | ||||||
7 | Contractors, one licensed electrical contractor who is a member | ||||||
8 | of the Associated Builders and Contractors, one licensed
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9 | electrical engineer, one electrical inspector who holds a | ||||||
10 | journeyman electrician's license, one representative of a | ||||||
11 | public utility, the
State Fire Marshal or his or her designee, | ||||||
12 | and a licensed real estate professional. In making the
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13 | appointments to the Board, the Governor shall consider the | ||||||
14 | recommendations
of individuals, firms, or organizations | ||||||
15 | involved in electrical
wiring installation in this State. The | ||||||
16 | Governor shall also take into
consideration the minority | ||||||
17 | representation in the population when making
appointments to | ||||||
18 | the Board.
Members of the Board shall serve 4-year terms
and | ||||||
19 | until their successors are appointed and qualified. The initial
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20 | appointments, however, shall be as follows: 4 members for terms | ||||||
21 | of 2 years, 4
members for 3 years, and 4 members for 4 years. | ||||||
22 | The State Fire Marshal's
service on the Board shall be | ||||||
23 | continuous. For the initial appointments of the licensed | ||||||
24 | electrical contractors, licensed journeyman electricians, | ||||||
25 | licensed residential electrician, and electrical inspector | ||||||
26 | prior to the Board developing the rules for examination of | ||||||
27 | license applicants, the Governor may appoint individuals whose | ||||||
28 | qualifications are similar to those outlined in Section 25. | ||||||
29 | Following the expiration of those terms, the Governor may | ||||||
30 | reappoint those individuals or others only if such individuals | ||||||
31 | are licensed under this Act. | ||||||
32 | (b) The Board shall aid the Director and the Department by: | ||||||
33 | (1) recommending provisions for the Minimum Electrical | ||||||
34 | Code and subsequent amendments to be adopted by the |
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1 | Department for all electrical work based on the standards | ||||||
2 | prescribed in Section 85; | ||||||
3 | (2) recommending subject matter for examinations and | ||||||
4 | the continuing education requirements as provided in this | ||||||
5 | Act based on the Minimum Electrical Code; | ||||||
6 | (3) recommending standards, rules, guidelines, and | ||||||
7 | procedures to approve or disapprove a course of instruction | ||||||
8 | in electrical work at a college, university, or trade | ||||||
9 | school to qualify for a license issued by the Department | ||||||
10 | under this Act. Such standards, rules, guidelines, and | ||||||
11 | procedures shall be designed to ensure that an approved | ||||||
12 | course of instruction adequately provides the practical | ||||||
13 | and theoretical education and training in the | ||||||
14 | installation, alteration, and repair of electrical wiring, | ||||||
15 | apparatus, and equipment for electric heat, light, or power | ||||||
16 | within or on a building, residence, structure, or real | ||||||
17 | property based on the standards prescribed in Section 85; | ||||||
18 | (4) developing, in conjunction with the Illinois | ||||||
19 | Community College Board, the Illinois Board of Higher | ||||||
20 | Education, and the Department of Commerce and Economic | ||||||
21 | Opportunity, courses of instruction to meet the | ||||||
22 | qualifications specified in this Act and that encourage the | ||||||
23 | employment of minorities and females as licensed | ||||||
24 | electricians and licensed electrical contractors; | ||||||
25 | (5) suggesting rules to govern examinations and | ||||||
26 | hearings to deny, suspend, revoke, or reinstate licenses | ||||||
27 | and assess fines as provided for in this Act; | ||||||
28 | (6) submitting recommendations to the Director from | ||||||
29 | time to time for the efficient administration of this Act; | ||||||
30 | and | ||||||
31 | (7) performing other duties prescribed in this
Act. | ||||||
32 | (c) Board members shall
receive no compensation but shall | ||||||
33 | be reimbursed for expenses incurred in
connection with their | ||||||
34 | duties as Board members. The Department shall provide staff and |
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1 | administrative support services to the Board. | ||||||
2 | Section 20. Powers and duties of the Director. The Director | ||||||
3 | shall take all
actions necessary under this Act to carry out | ||||||
4 | the duties and responsibilities
of the Department under this | ||||||
5 | Act. The Director, with the assistance of the
Board, shall:
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6 | (a) adopt rules and regulations for examination of | ||||||
7 | applicants for journeyman and residential licenses;
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8 | (b) prepare and give uniform
examinations to | ||||||
9 | applicants for journeyman and
residential licenses that | ||||||
10 | shall test their knowledge and qualifications
in the | ||||||
11 | planning and design of electrical systems, their | ||||||
12 | knowledge,
qualifications, and manual skills in electrical | ||||||
13 | installations, and their
knowledge of materials and | ||||||
14 | methods used in electrical work according to the Minimum | ||||||
15 | Electrical Code adopted by the Department;
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16 | (c) prepare and issue electrical contractor, | ||||||
17 | journeyman electrician, and residential
electrician | ||||||
18 | licenses and license renewals to applicants who have met | ||||||
19 | the requirements for
licensure and complied with all the | ||||||
20 | prerequisites to licensure;
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21 | (d) provide for the registration of apprentices; | ||||||
22 | (e) adopt rules for the extension of a person's | ||||||
23 | temporary license based on demonstrated undue hardship or | ||||||
24 | other special circumstances;
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25 | (f) adopt rules for hearings to deny, suspend, revoke, | ||||||
26 | or reinstate
licenses and assess fines as provided for in | ||||||
27 | this Act;
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28 | (g) maintain a current record showing (i) the names and | ||||||
29 | addresses of
licensed electrical contractors, journeyman | ||||||
30 | electricians, and residential
electricians; (ii) the dates | ||||||
31 | of issuance of licenses; (iii) the date and
substance for | ||||||
32 | the charges set forth in any hearing for denial, | ||||||
33 | suspension,
or revocation of any license; (iv) the date and |
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1 | substance of the final order
issued upon a hearing; and (v) | ||||||
2 | the date and substance of all petitions
for reinstatement | ||||||
3 | of license and final orders on petitions;
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4 | (h) establish and collect fees for the examination, | ||||||
5 | issuance, and renewal
of licenses;
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6 | (i) adopt rules for and provide for the inspection of | ||||||
7 | new electrical installations in
construction, remodeling, | ||||||
8 | replacement, or repair work, where
required by this Act;
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9 | (j) establish and collect fees for the handling and | ||||||
10 | inspection of new
electrical installations;
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11 | (k) adopt standards, rules, guidelines, and procedures | ||||||
12 | to approve or disapprove a course of instruction in | ||||||
13 | electrical work at a college, university, or trade school | ||||||
14 | to qualify for a license issued by the Department under | ||||||
15 | this Act, and approve or disapprove such courses of | ||||||
16 | instruction by reference to compliance or noncompliance | ||||||
17 | with such standards, rules, guidelines, or procedures. | ||||||
18 | Such standards, rules, guidelines, or procedures shall be | ||||||
19 | designed to ensure that an approved course of instruction | ||||||
20 | adequately provides the practical and theoretical | ||||||
21 | education and training in the installation, alteration, | ||||||
22 | and repair of electrical wiring, apparatus, and equipment | ||||||
23 | for electric heat, light, or power within or on a building, | ||||||
24 | residence, structure, or real property based on the | ||||||
25 | standards prescribed in Section 85; | ||||||
26 | (l) work with the Board, the Illinois Community College | ||||||
27 | Board, the Illinois Board of Higher Education, and the | ||||||
28 | Department of Commerce and Economic Opportunity to develop | ||||||
29 | courses of instruction to meet the qualifications | ||||||
30 | specified in this Act and that encourage the employment of | ||||||
31 | minorities and females as licensed electricians and | ||||||
32 | licensed electrical contractors; | ||||||
33 | (m) cause investigations to be made when the Department | ||||||
34 | has reasonable grounds for believing that a violation of |
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1 | any provision of this Act or rules adopted pursuant to this | ||||||
2 | Act has occurred or is occurring; | ||||||
3 | (n) conduct inspections during regular working hours, | ||||||
4 | the purpose of which shall be reduced to writing, to | ||||||
5 | determine satisfactory compliance with this Act and rules | ||||||
6 | adopted pursuant to this Act, after consent of the person, | ||||||
7 | licensee, or registrant has been obtained or after an order | ||||||
8 | for such inspection has been issued by the court; | ||||||
9 | (o) assess administrative fines, which shall be | ||||||
10 | established by the Department by rule against a licensee | ||||||
11 | for violation of any provision of this Act or rules adopted | ||||||
12 | pursuant to this Act; | ||||||
13 | (p) adopt, publish, and from time to time, amend the | ||||||
14 | Minimum Electrical Code for all electrical work based on | ||||||
15 | the standards prescribed in Section 85 after consideration | ||||||
16 | of the recommendations of the Illinois State Board of | ||||||
17 | Electrical Examiners; | ||||||
18 | (q) adopt any rules necessary for the administration | ||||||
19 | and enforcement of this Act; and | ||||||
20 | (r) perform other duties prescribed in this Act.
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21 | Section 25. License and registration. | ||||||
22 | (a) On or after January 1, 2007, except as otherwise | ||||||
23 | provided by this Act, no person
shall perform electrical work | ||||||
24 | unless the person is:
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25 | (1) licensed by the Department as a journeyman or | ||||||
26 | residential electrician;
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27 | (2) an apprentice registered with the Department; or
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28 | (3) licensed as an electrical contractor. | ||||||
29 | (b) Journeyman electrician. An applicant for a journeyman | ||||||
30 | electrician's license shall meet one of the following | ||||||
31 | conditions: (i) the completion of an approved apprenticeship | ||||||
32 | program, (ii) the successful completion of a course of | ||||||
33 | instruction in electrical work, under the rules adopted by the |
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1 | Department for the enforcement of this Act, at a college, | ||||||
2 | university, or trade school, or (iii) the completion of at
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3 | least 8,000 hours of verifiable experience performing | ||||||
4 | electrical work obtained over a period of not less than 4 | ||||||
5 | years, as provided under the rules adopted by the Department | ||||||
6 | for the enforcement of this Act.
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7 | A person practicing as an electrician on the effective date | ||||||
8 | of this Act with 8,000 hours of verifiable experience | ||||||
9 | performing electrical work obtained over a period of not less | ||||||
10 | than 4 years, as provided under the rules adopted by the | ||||||
11 | Department for the enforcement of this Act, who files a license | ||||||
12 | application with the Department on or before July 1, 2007 and | ||||||
13 | meets all the other requirements of this Act shall be granted a | ||||||
14 | temporary journeyman electrician's license without | ||||||
15 | examination. The temporary journeyman electrician's license | ||||||
16 | shall be valid for 2 years from the date of issuance. The | ||||||
17 | Department shall require an annual fee. As a condition of | ||||||
18 | renewal, the licensee shall pass the examination specified in | ||||||
19 | Section 30 for all journeyman electrician applicants but shall | ||||||
20 | not be required to meet the specified continuing education | ||||||
21 | requirements while holding a temporary journeyman | ||||||
22 | electrician's license. Nothing shall prevent the holder of a | ||||||
23 | temporary license from taking the required examination prior to | ||||||
24 | the expiration of the temporary license. A journeyman | ||||||
25 | electrician holding a temporary license may petition the | ||||||
26 | Department for an extension of a one-year period in the event | ||||||
27 | he or she can demonstrate undue hardship or other special | ||||||
28 | circumstances. | ||||||
29 | (c) Registered apprentice. On or after January 1, 2007, a | ||||||
30 | person who is enrolled in an approved
apprenticeship program | ||||||
31 | may perform electrical work only under the
supervision of a | ||||||
32 | licensed electrician. All apprentices shall be registered with
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33 | the Department. The Department shall provide the apprentice | ||||||
34 | with a verification of his or her registration.
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1 | (d) Residential electrician. An applicant for a | ||||||
2 | residential electrician's license shall meet one of the | ||||||
3 | following conditions: (i) the completion of an approved | ||||||
4 | apprenticeship program in residential wiring for a | ||||||
5 | single-family detached residential dwelling or multi-family | ||||||
6 | residential dwelling or its equivalent, (ii) the successful | ||||||
7 | completion of a course of instruction in electrical work, under | ||||||
8 | the rules adopted by the Department for the enforcement of this | ||||||
9 | Act, at a college, university, or trade school, or (iii) the | ||||||
10 | completion of at
least 6,000 hours of verifiable experience | ||||||
11 | performing residential electrical work obtained over a period | ||||||
12 | of not less than 3 years, as provided under the rules adopted | ||||||
13 | by the Department for the enforcement of this Act.
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14 | A person practicing as an electrician on the effective date | ||||||
15 | of this Act with at least 6,000 hours of verifiable experience | ||||||
16 | performing residential electrical work obtained over a period | ||||||
17 | of not less than 3 years, as provided under the rules adopted | ||||||
18 | by the Department for the enforcement of this Act, and having | ||||||
19 | the necessary qualifications, training, and technical | ||||||
20 | knowledge, as provided under the rules adopted for the | ||||||
21 | enforcement of this Act, involving residential electrical | ||||||
22 | work, who files a license application with the Department on or | ||||||
23 | before January 1, 2007 and meets all the other requirements of | ||||||
24 | this Act shall be granted a temporary residential electrician's | ||||||
25 | license without examination. The temporary residential | ||||||
26 | electrician's license shall be valid for 2 years from the date | ||||||
27 | of issuance. The Department shall require an annual fee. As a | ||||||
28 | condition of renewal, the licensee shall pass the exam | ||||||
29 | specified in Section 30 for all residential electrician | ||||||
30 | applicants but shall not be required to meet the specified | ||||||
31 | continuing education requirements while holding a temporary | ||||||
32 | residential electrician's license. Nothing shall prevent the | ||||||
33 | holder of a temporary license from taking the required | ||||||
34 | examination prior to the expiration of the temporary license. A |
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1 | residential electrician holding a temporary license may | ||||||
2 | petition the Department for an extension of a one-year period | ||||||
3 | in the event he or she can demonstrate undue hardship or other | ||||||
4 | special circumstances. | ||||||
5 | (e) Contractors. | ||||||
6 | (1) On or after January 1, 2007, except as otherwise | ||||||
7 | provided by law, no person shall operate as an electrical | ||||||
8 | contractor without employing a licensed journeyman | ||||||
9 | electrician with 6 years of experience performing | ||||||
10 | electrical work, who shall be responsible for the | ||||||
11 | performance of all electrical work in accordance with this | ||||||
12 | Act. All employees of the electrical contractor performing | ||||||
13 | electrical work shall be licensed journeyman electricians, | ||||||
14 | licensed residential electricians, or apprentices | ||||||
15 | registered with the Department. A residential electrician | ||||||
16 | employed by such an electrical contractor may not perform | ||||||
17 | any non-residential electrical work. This item (1) shall | ||||||
18 | not apply to electrical contractors performing only | ||||||
19 | residential electrical work. | ||||||
20 | (2) On or after January 1, 2007, except as otherwise | ||||||
21 | provided by law, no person performing only residential | ||||||
22 | electrical work shall operate as an electrical contractor | ||||||
23 | without employing a licensed residential electrician with | ||||||
24 | 4 years of experience performing residential electrical | ||||||
25 | work, who shall be responsible for the performance of all | ||||||
26 | electrical work in accordance with this Act. All employees | ||||||
27 | of an electrical contractor performing only residential | ||||||
28 | electrical work shall be licensed journeyman electricians, | ||||||
29 | licensed residential electricians, or apprentices | ||||||
30 | registered with the Department. | ||||||
31 | (3)
The application for an electrical contractor's | ||||||
32 | license shall include a verified statement that the | ||||||
33 | designated responsible electrician is a full-time employee | ||||||
34 | of the applicant. For the purposes of this Section, a |
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1 | full-time employee of a applicant for an electrical | ||||||
2 | contractor's license is an individual who is not employed | ||||||
3 | in any capacity as a licensed electrician by any other | ||||||
4 | electrical contractor. | ||||||
5 | (4) An electrical contractor in business on the | ||||||
6 | effective date of this Act who files a license application | ||||||
7 | with the Department on or before January 1, 2007 and meets | ||||||
8 | all the other requirements of this Act shall be granted a | ||||||
9 | temporary electrical contractors license pursuant to other | ||||||
10 | provisions of this Act, which shall be valid for 2 years | ||||||
11 | from the date of issuance. The Department shall require an | ||||||
12 | annual fee. Thereafter, an electrical contractor shall | ||||||
13 | comply with all of the requirements of this Act. An | ||||||
14 | electrical contractor holding a temporary license may | ||||||
15 | petition the Department for an extension of a one-year | ||||||
16 | period in the event he or she can demonstrate undue | ||||||
17 | hardship or other special circumstances.
An electrical | ||||||
18 | contractor holding a temporary license must employ a | ||||||
19 | licensed journeyman electrician or, in the case of an | ||||||
20 | electrical contractor performing only residential | ||||||
21 | electrical work, a licensed residential electrician who | ||||||
22 | shall be responsible for the performance of all electrical | ||||||
23 | work in accordance with this Act. | ||||||
24 | (5) An electrical
contractor giving bond to the State | ||||||
25 | in
an amount to be determined by the Department and meeting | ||||||
26 | all other requirements of this Act shall be issued a | ||||||
27 | licensed by the Department.
The bond shall be
filed with | ||||||
28 | the Department and shall be in lieu of all other license | ||||||
29 | bonds
to any political subdivision. The bond shall be | ||||||
30 | written by a corporate
surety licensed to do business in | ||||||
31 | the State of Illinois.
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32 | (6) Each licensed electrical contractor shall have and | ||||||
33 | maintain in effect
insurance. Specific insurance | ||||||
34 | requirements and minimum limits per occurrence
shall be |
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1 | determined by the Department in consultation with the | ||||||
2 | Board.
The insurance shall be written by an insurer | ||||||
3 | licensed to do business in the
State of Illinois and each | ||||||
4 | licensed electrical contractor shall maintain on
file with | ||||||
5 | the Department a certificate evidencing insurance that | ||||||
6 | provides
that the insurance shall not be cancelled without | ||||||
7 | the insurer first giving
15 days written notice to the | ||||||
8 | Department of the cancellation.
| ||||||
9 | (7) A licensed electrical contractor shall notify the | ||||||
10 | Department when the licensed electrician required to | ||||||
11 | conduct or supervise the work of the electrical contractor | ||||||
12 | is unavailable due to death or incapacitation. The licensed | ||||||
13 | electrical contractor may request that the Department | ||||||
14 | issue a temporary license to persons certified by the | ||||||
15 | licensed electrical contractor to have an acceptable | ||||||
16 | combination of documented experience and education to | ||||||
17 | conduct or supervise electrical work or residential | ||||||
18 | electrical work. The Department shall adopt rules for | ||||||
19 | issuing a temporary license under such circumstances. Any | ||||||
20 | person certified by a licensed electrical contractor to | ||||||
21 | have an acceptable combination of documented experience | ||||||
22 | and education to conduct or supervise electrical work or | ||||||
23 | residential electrical work shall immediately seek a | ||||||
24 | temporary license from the Department and shall pay such | ||||||
25 | fee as the Department shall determine. Each temporary | ||||||
26 | license shall recite that it is valid for a period of 30 | ||||||
27 | days from the date of issuance and while employed by the | ||||||
28 | licensed electrical contractor that certified the | ||||||
29 | individual was qualified. The temporary license shall be | ||||||
30 | renewable as long as the shortage of license holders shall | ||||||
31 | continue. | ||||||
32 | (f) The Department shall adopt rules for determining | ||||||
33 | whether an applicant's work experience meets the requirements | ||||||
34 | for
licensure under this Act.
|
| |||||||
| |||||||
1 | Section 30. Examination; continuing education. | ||||||
2 | (a) In addition to other requirements imposed by
this Act | ||||||
3 | and except as otherwise provided in this Act, as a precondition | ||||||
4 | to
issuance of an electrician's license, each applicant must | ||||||
5 | pass a written
examination given by the Department for the type | ||||||
6 | of license sought to
insure the competence of each license | ||||||
7 | applicant. No person failing an examination for a license | ||||||
8 | classification may retake the examination for that | ||||||
9 | classification for 3 months from the date of failure of the | ||||||
10 | examination. | ||||||
11 | (b) As a condition of renewal, the Department shall require | ||||||
12 | each licensee to complete a
minimum number of hours of | ||||||
13 | continuing education. The continuing education requirement | ||||||
14 | shall not exceed 8 hours of classroom instruction during a | ||||||
15 | 12-month period. The Department shall adopt rules on the | ||||||
16 | curricula for the continuing education requirement. A licensee | ||||||
17 | shall provide to the Department evidence of completing the | ||||||
18 | continuing education requirement. The Department shall approve | ||||||
19 | any continuing education programs and by rule any means for | ||||||
20 | verification of the continuing education requirement. | ||||||
21 | Section 40. Expiration of license; fees. | ||||||
22 | (a)
Unless otherwise specified in this Act, all licenses | ||||||
23 | issued under this Act shall expire
every year in a manner as | ||||||
24 | provided by the Department. Application, renewal, and
all other | ||||||
25 | fees provided for in this Act shall be adopted by the | ||||||
26 | Department
by rule.
| ||||||
27 | (b) Any licensee failing to renew his or her license for 2 | ||||||
28 | years or more after its expiration shall retake the required | ||||||
29 | examination specified in Section 30 before he or she is issued | ||||||
30 | 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 |
| |||||||
| |||||||
1 | States upon application to the Department by the licensee | ||||||
2 | within 2 years after termination of the military service, | ||||||
3 | payment of the annual license fee, and submission of evidence | ||||||
4 | of the military service. The license shall be reinstated | ||||||
5 | without examination or completion of the continuing education | ||||||
6 | requirement specified in Section 30 and without payment of the | ||||||
7 | lapsed renewal fee. | ||||||
8 | (d) All fees and fines collected under this Act shall be | ||||||
9 | deposited into the Electricians Licensing Dedicated Fund, | ||||||
10 | which is hereby created as a special fund in the State | ||||||
11 | treasury. The Department and Board may utilize moneys in this | ||||||
12 | fund for the administration of this Act.
| ||||||
13 | Section 45. Grounds for discipline. The Department
may
by | ||||||
14 | order deny, suspend, revoke, or refuse to renew a license, or | ||||||
15 | may
censure a licensee if it finds that it is in the public | ||||||
16 | interest to do so
and that the applicant or licensee:
| ||||||
17 | (1) has filed an application for a license that
| ||||||
18 | contains any statement that, in light of the
circumstances | ||||||
19 | under which it is made, is false or misleading with respect
| ||||||
20 | to any material fact;
| ||||||
21 | (2) has engaged in any fraudulent, deceptive, or | ||||||
22 | dishonest practice;
| ||||||
23 | (3) has been convicted within the past 5 years of a | ||||||
24 | misdemeanor
involving a violation of this Act; or
| ||||||
25 | (4) has violated or failed to comply with this Act or | ||||||
26 | its rules
or any order issued under this Act. A violation | ||||||
27 | need not be willful.
| ||||||
28 | The Department may adopt rules further specifying the | ||||||
29 | grounds for suspension,
revocation, and refusal to renew a | ||||||
30 | license and establishing standards of
conduct for licensees. | ||||||
31 | Section 50. Denial, revocation, or suspension of license; | ||||||
32 | assessment of a civil administrative fine. |
| |||||||
| |||||||
1 | (a) The Director, after notice and opportunity for hearing | ||||||
2 | to the applicant or license holder, may deny, suspend, or | ||||||
3 | revoke a license or assess a civil administrative fine for | ||||||
4 | cause. For the purposes of this Section, "cause" means a | ||||||
5 | violation of any provision of this Act or any rule adopted | ||||||
6 | pursuant to this Act. | ||||||
7 | (b) Notice shall be provided by certified mail or by | ||||||
8 | personal service setting forth the particular reasons for the | ||||||
9 | proposed action and fixing a date, not less than 15 days from | ||||||
10 | the date of the mailing or service, within which time the | ||||||
11 | applicant or license holder must request in writing a hearing. | ||||||
12 | Failure to serve upon the Department a request for hearing in | ||||||
13 | writing within the time provided in the notice shall constitute | ||||||
14 | a waiver of the person's right to an administrative hearing. | ||||||
15 | (c) The hearing shall be conducted by the Director or by an | ||||||
16 | individual designated in writing by the Director as an | ||||||
17 | administrative law judge to conduct the hearing. The Director | ||||||
18 | or administrative law judge shall give written notice of the | ||||||
19 | time and place of the hearing, by certified mail or personal | ||||||
20 | service, to the applicant or license holder at least 10 days | ||||||
21 | prior to the hearing. On the basis of the hearing, or upon | ||||||
22 | default of the applicant or license holder, the Director shall | ||||||
23 | make a determination specifying his or her findings and | ||||||
24 | conclusions. A copy of the determination shall be sent by | ||||||
25 | certified mail or served personally upon the applicant, license | ||||||
26 | holder, or registrant. The decision of the Director shall be | ||||||
27 | final on issues of fact and final in all respects unless | ||||||
28 | judicial review is sought as provided in this Act. | ||||||
29 |
(d) The procedure governing hearings authorized by this | ||||||
30 | Section shall be in accordance with rules adopted by the | ||||||
31 | Department. A full and complete record shall be kept of all | ||||||
32 | proceedings, including the notice of hearing, complaint, and | ||||||
33 | all other documents in the nature of pleadings, written motions | ||||||
34 | filed in the proceedings, and the report and orders of the |
| |||||||
| |||||||
1 | Director and administrative law judge. | ||||||
2 | (e) The Department at its expense shall provide a court | ||||||
3 | reporter to take testimony. Technical error in the proceedings | ||||||
4 | before the Director or administrative law judge or their | ||||||
5 | failure to observe the technical rules of evidence shall not be | ||||||
6 | grounds for the reversal of any administrative decision, unless | ||||||
7 | it appears to the court that such error or failure materially | ||||||
8 | affects the rights of any party and results in substantial | ||||||
9 | injustice to them. | ||||||
10 | (f) The Director or administrative law judge may compel the | ||||||
11 | attendance of witnesses and the production of books, papers, | ||||||
12 | records, or memoranda. | ||||||
13 | (g) The Department shall not be required to certify any | ||||||
14 | record to the court or file any answer in court or otherwise | ||||||
15 | appear in any court in a judicial review proceeding, unless | ||||||
16 | there is filed in the court with the complaint a receipt from | ||||||
17 | the Department acknowledging payment of the costs of furnishing | ||||||
18 | and certifying the record. Such costs shall be paid by the | ||||||
19 | party requesting a copy of the record. Failure on the part of | ||||||
20 | the person requesting a copy of the record to pay the costs | ||||||
21 | shall be grounds for dismissal of the action. | ||||||
22 | Section 55. Nonpayment of taxes. The Department may refuse | ||||||
23 | to issue or may
suspend the license of any person
who fails (i) | ||||||
24 | to file a federal or State tax return, (ii) to pay the tax,
| ||||||
25 | penalty, or interest shown
in
a filed return, or (iii) to pay | ||||||
26 | any final assessment of tax, penalty, or
interest,
as required | ||||||
27 | by any tax Act administered by the Illinois Department of
| ||||||
28 | Revenue, until the time the requirements of the tax Act are | ||||||
29 | satisfied. | ||||||
30 | Section 65. Reciprocity. The Department may grant a | ||||||
31 | license, without examination, of the same grade and class to an | ||||||
32 | electrician who has been licensed by any other state that |
| |||||||
| |||||||
1 | provides for the licensing of electricians in a similar manner. | ||||||
2 | The license may be granted for one year upon payment by the | ||||||
3 | applicant of the required fee and upon the Department being | ||||||
4 | furnished with proof that the qualifications of the applicant | ||||||
5 | are equal to the qualifications of Section 25 of this Act. The | ||||||
6 | licensee may renew a license issued pursuant to this Section if | ||||||
7 | the licensee meets all the requirements for renewal of a | ||||||
8 | license under this Act. | ||||||
9 | Section 70. Exemptions. | ||||||
10 | (a) Employees of, or independent contractors performing | ||||||
11 | work for, any
electric utility or electric utility affiliate, | ||||||
12 | independent electric power generator, public utility as | ||||||
13 | defined in Section 3-105 of the Public Utilities Act, | ||||||
14 | generating station or generating unit of an electric utility as | ||||||
15 | described in Section 16-102 of the Public Utilities Act, | ||||||
16 | communications or railway
utility, electric system owned and
| ||||||
17 | operated by a municipal corporation or governmental unit | ||||||
18 | (notwithstanding any other provision of this Act), electric | ||||||
19 | cooperative as
defined in Section 3.4 of the Electric Supplier | ||||||
20 | Act, telephone or
telecommunications cooperative as defined in | ||||||
21 | Section 13-212 of the Public
Utilities Act, or a | ||||||
22 | telecommunications carrier as defined in Section 13-202 of the | ||||||
23 | Public Utilities Act or its affiliate or co-generation | ||||||
24 | facilities shall be exempt from the provisions of this Act | ||||||
25 | while performing work on installations, materials, or | ||||||
26 | equipment
that are owned or leased, operated, serviced, or | ||||||
27 | maintained by the electric utility or
electric utility | ||||||
28 | affiliate, independent electric power generator, public | ||||||
29 | utility, generating station or generating unit of an electric | ||||||
30 | utility, communications or railway utility, electric system
| ||||||
31 | owned and operated by a municipal corporation or governmental | ||||||
32 | unit,
electric cooperative, telephone or telecommunications | ||||||
33 | cooperative, or telecommunications carrier or its affiliate or |
| |||||||
| |||||||
1 | co-generation facilities in the exercise of its utility or | ||||||
2 | telephone function, and that (i) are used
exclusively for the | ||||||
3 | generation, transformation,
distribution, transmission, or | ||||||
4 | metering of electric current, or the
operation of railway | ||||||
5 | signals, traffic signals, or street lights, or the transmission | ||||||
6 | of intelligence and do
not have as a principal function the | ||||||
7 | consumption or use of electric current
by or for the benefit of | ||||||
8 | any person other than the
electric utility or electric utility | ||||||
9 | affiliate, independent electric power generator, public | ||||||
10 | utility, generating station or generating unit of an electric | ||||||
11 | utility, communications or railway
utility, electric system | ||||||
12 | owned and operated by a municipal corporation or
governmental | ||||||
13 | unit, electric, telephone, or telecommunications
cooperative, | ||||||
14 | or telecommunications carrier or its affiliate or their end | ||||||
15 | users and (ii) are generally accessible only to employees of | ||||||
16 | the
electric utility or electric utility affiliate, | ||||||
17 | independent electric power generator, public utility, | ||||||
18 | generating station or generating unit of an electric utility, | ||||||
19 | communications or railway
utility, electric system owned and | ||||||
20 | operated by a municipal corporation or
governmental unit, | ||||||
21 | electric, telephone, or telecommunications
cooperative, or | ||||||
22 | telecommunications carrier or its affiliate or persons acting | ||||||
23 | under its control or
direction. Persons performing work | ||||||
24 | subcontracted out to an electrical contractor or other | ||||||
25 | contractors, however, shall be in compliance with the | ||||||
26 | requirements of this Act.
| ||||||
27 | (b) Contractors employing pipefitters, sprinkler fitters, | ||||||
28 | licensed plumbers, or sheet metal workers performing | ||||||
29 | modification, service, maintenance, retro fit, or warranty | ||||||
30 | work in plumbing, heating, sprinkler fitting, irrigation, | ||||||
31 | ventilation, air conditioning, refrigeration (HVACR) systems, | ||||||
32 | instrumentation, control work, or stress relieving shall be | ||||||
33 | exempt from this Act. For the installation or replacement of | ||||||
34 | equipment in the HVACR industry, modifications to the external |
| |||||||
| |||||||
1 | power wiring to the equipment is exempt. The installation of | ||||||
2 | wiring for irrigation when being installed by a registered or | ||||||
3 | licensed irrigation worker shall be exempt from this Act. | ||||||
4 | Persons performing work subcontracted out to an electrical | ||||||
5 | contractor or other contractors, however, shall be in | ||||||
6 | compliance with the requirements of this Act. | ||||||
7 | (c) Employees of contractors performing construction or | ||||||
8 | maintenance work on any transmission or distribution lines | ||||||
9 | owned, leased, operated and maintained by the utilities | ||||||
10 | described in subsection (a) shall be exempt from the provisions | ||||||
11 | and licensing requirements of this Act, and employees of | ||||||
12 | contractors performing construction or maintenance work on any | ||||||
13 | transmission lines owned, leased, operated, and maintained by | ||||||
14 | an independent transmission company, system, or entity | ||||||
15 | approved by the Federal Energy Regulatory Commission and the | ||||||
16 | Illinois Commerce Commission shall be exempt from this Act. | ||||||
17 | (d) Employees of contractors performing construction or | ||||||
18 | maintenance work on highway lighting or street lighting owned, | ||||||
19 | leased, operated, and maintained by governmental units and | ||||||
20 | their departments and political subdivisions shall be exempt | ||||||
21 | from this Act. | ||||||
22 | (e) Employees of contractors performing construction or | ||||||
23 | maintenance work on traffic signals owned, leased, operated, | ||||||
24 | and maintained by a governmental unit and its departments and | ||||||
25 | political subdivisions shall be exempt from this Act, provided | ||||||
26 | that these employees are Traffic Signal Level II certified | ||||||
27 | under the International Municipal Sign Association (IMSA). | ||||||
28 | (f) An owner shall not be required to hold a license under
| ||||||
29 | this Act. Nevertheless, electrical work performed by an owner | ||||||
30 | shall comply
with the minimum standards contained in the | ||||||
31 | National Electrical Code and any additional standards or | ||||||
32 | requirements established by a political subdivision and shall
| ||||||
33 | be subject to inspection by the Department. Unless otherwise | ||||||
34 | specified in this Act, an owner shall not employ
anyone other |
| |||||||
| |||||||
1 | than an electrician licensed under this Act to assist him or | ||||||
2 | her.
| ||||||
3 | (g) Any city, village, or incorporated town having a | ||||||
4 | population of
500,000 or more may, by an ordinance containing | ||||||
5 | provisions substantially
the same as those in this Act and | ||||||
6 | specifying educational or experience
requirements equivalent | ||||||
7 | to those prescribed in the Act, provide for a board
of | ||||||
8 | electrical examiners to conduct examinations for, and to issue,
| ||||||
9 | suspend, or revoke, electricians' licenses within the city, | ||||||
10 | village, or
incorporated town. Upon the enactment of such an | ||||||
11 | ordinance, the provisions of
this Act shall not apply within | ||||||
12 | that municipality except as otherwise
provided in this Act. Any | ||||||
13 | person
licensed as an electrician under the local ordinance, or | ||||||
14 | licensed by the
Department under this Act, shall meet the | ||||||
15 | requirements to perform electrical work anywhere in this State.
| ||||||
16 | (h) Nothing in this Act shall be construed to prevent an | ||||||
17 | owner or operator
of a farm or his or her employees from | ||||||
18 | installing, making additions to,
altering, maintaining, or
| ||||||
19 | repairing wiring, apparatus, or equipment for electric light, | ||||||
20 | heat, or power on the farm that he or she owns or operates.
| ||||||
21 | (i) Employees of a manufacturing corporation
that engage in | ||||||
22 | activities normally requiring licensure under this Act shall be
| ||||||
23 | exempt when such activities are pursuant to the operation or | ||||||
24 | maintenance of
its existing business and facilities. Persons | ||||||
25 | performing work subcontracted out to an electrical contractor | ||||||
26 | or other contractor, however, shall be in compliance with the | ||||||
27 | requirements of this Act.
| ||||||
28 | (j) The minor repair of existing electrical systems does | ||||||
29 | not require
licensure under this Act. For the purposes of this | ||||||
30 | subsection, "minor repair"
means repairs to existing | ||||||
31 | electrical systems that do not require a permit to be
issued | ||||||
32 | under any local ordinance. | ||||||
33 | (k) The provisions of this Act shall not apply to the | ||||||
34 | installation, replacement, service, or repair of household |
| |||||||
| |||||||
1 | products, including but not limited to audio and video | ||||||
2 | equipment, appliances, fans, garbage disposals, and garage | ||||||
3 | door openers by a business entity that may be engaged in the | ||||||
4 | retail sale of consumer products.
| ||||||
5 | (l) Any person, firm, or company licensed under and | ||||||
6 | performing work in accordance with the Elevator Safety and | ||||||
7 | Regulation Act shall be exempt from this Act. | ||||||
8 | (m) Employees of a governmental unit that engage in | ||||||
9 | activities normally requiring licensure under this Act shall be | ||||||
10 | exempt when such activities are pursuant to their normal duties | ||||||
11 | in the operation or maintenance of its existing facilities. | ||||||
12 | Unless otherwise specified in this Act, a governmental unit | ||||||
13 | that is involved in new construction that results in the | ||||||
14 | expansion of its facilities must utilize licensed electricians | ||||||
15 | for any associated electrical work. | ||||||
16 | (n) Electrical engineers licensed under the Professional | ||||||
17 | Engineering Practice Act of 1989 practicing in accordance with | ||||||
18 | that Act shall be exempt from this Act. | ||||||
19 | (o) Architects licensed under the Illinois Architecture | ||||||
20 | Practice Act of 1989 practicing in accordance with that Act | ||||||
21 | shall be exempt from this Act.
| ||||||
22 | (p) Any person, firm, corporation, or other legal entity | ||||||
23 | laying out, installing, maintaining, altering, or repairing | ||||||
24 | alarm, security, or communication systems and practicing in | ||||||
25 | accordance with the Private Detective, Private Alarm, Private | ||||||
26 | Security, and Locksmith Act of 2004 shall be exempt from this | ||||||
27 | Act.
| ||||||
28 | (q) Nothing in this Act shall require or be construed to | ||||||
29 | apply to the registration or licensure of any community antenna | ||||||
30 | television system franchised pursuant to Illinois law, nor any | ||||||
31 | agent or employee of any such community antenna television | ||||||
32 | system in relation to the installation, alteration, removal, | ||||||
33 | repair, servicing, or maintenance of any community antenna | ||||||
34 | television system or equipment. |
| |||||||
| |||||||
1 | (r) Nothing in this Act shall prohibit a factory-authorized | ||||||
2 | representative from installing, altering, maintaining, or | ||||||
3 | servicing a medical equipment device. This exemption shall not | ||||||
4 | include work providing electrical feeds into the power | ||||||
5 | distribution unit or installation of conduits and raceways. | ||||||
6 | This exemption shall cover only those factory engineers or | ||||||
7 | third-party service companies with equivalent training who are | ||||||
8 | qualified to perform such service. For the purposes of this | ||||||
9 | Act, "medical equipment device" includes any "medical device" | ||||||
10 | as defined in the Medical Device Amendments of 1976, as | ||||||
11 | amended, and as interpreted by the Food and Drug Administration | ||||||
12 | of the United States Department of Health and Human Services or | ||||||
13 | its successor. | ||||||
14 | (s) Nothing in this Act shall require that a maintenance | ||||||
15 | worker performing routine maintenance of electrical systems be | ||||||
16 | licensed.
| ||||||
17 | (t) The installation, alteration, maintenance, or | ||||||
18 | servicing of listed landscape lighting systems and equipment | ||||||
19 | shall be exempt from this Act, except any permanent wired | ||||||
20 | connections exceeding 30 volts.
| ||||||
21 | (u) The provisions of this Act shall not apply to the
| ||||||
22 | installation, alteration, replacement, service, or repair of | ||||||
23 | temporary outdoor decorative lighting that is connected by plug | ||||||
24 | into a permanent power source. | ||||||
25 | (v) Temporary electrical work for a transient event, | ||||||
26 | including but not limited to a carnival, circus, fair, | ||||||
27 | exhibition, stage production, motion picture production, | ||||||
28 | musical production, and theatrical production, shall be exempt | ||||||
29 | from this Act if the temporary electrical work is dismantled at | ||||||
30 | the conclusion of the event and is in compliance with all other | ||||||
31 | applicable State laws and ordinances and regulations of any | ||||||
32 | political subdivision. | ||||||
33 | Section 80. Display of license. Persons who advertise |
| |||||||
| |||||||
1 | electrical wiring
services shall, at their place of business, | ||||||
2 | display the electrician's license of at least one member of the | ||||||
3 | firm, partnership or
officer of the corporation and shall | ||||||
4 | maintain a register listing the names
and license numbers of | ||||||
5 | all licensed electricians and all registered
apprentices | ||||||
6 | currently employed by them. When advertising electrical wiring
| ||||||
7 | services, the license number shall be included in all forms of | ||||||
8 | written or
printed advertising and included with the electrical | ||||||
9 | wiring identification
of vehicles. The Department may, by rule | ||||||
10 | or regulation, require additional
information concerning | ||||||
11 | licensed electricians and
registered apprentices to be | ||||||
12 | maintained in the register. | ||||||
13 | Section 85. Safety standards. All electrical work and | ||||||
14 | electrical wiring, apparatus, and
equipment for
electric | ||||||
15 | light, heat, or power within or on a building, residence, | ||||||
16 | structure, or real property shall comply with the Minimum | ||||||
17 | Electrical Code and all applicable rules
adopted by the | ||||||
18 | Department. The Minimum Electrical Code and all applicable | ||||||
19 | rules adopted by the Department with respect to this Act shall | ||||||
20 | be based on the most recently published edition of
the National | ||||||
21 | Electrical Code as adopted by the National Fire Protection
| ||||||
22 | Association, Inc. and approved by the American National | ||||||
23 | Standards
Institute, and the National Electrical Safety Code as | ||||||
24 | published by the
Institute of Electrical and Electronics | ||||||
25 | Engineers, Inc. and approved by the
American National Standards | ||||||
26 | Institute. | ||||||
27 | Nothing in this Act shall prohibit any political | ||||||
28 | subdivision from making and enforcing more stringent | ||||||
29 | requirements than those set forth in this Act and all licensed | ||||||
30 | electricians working within the jurisdiction of that political | ||||||
31 | subdivision shall comply with those requirements. Nothing in | ||||||
32 | this Act, however, shall be construed to give a political | ||||||
33 | subdivision the authority to apply its standards or |
| |||||||
| |||||||
1 | requirements to electrical work performed on a farm. | ||||||
2 | Section 90. Inspections. | ||||||
3 | (a) Except where any political subdivision has by
ordinance | ||||||
4 | provided for electrical inspection similar to that provided in
| ||||||
5 | this Act, every new electrical installation on and after | ||||||
6 | January 1, 2007 in any construction,
remodeling, replacement, | ||||||
7 | or repair shall be inspected by the Department
for compliance | ||||||
8 | with accepted standards of construction for safety to life and
| ||||||
9 | property.
| ||||||
10 | (b) No such inspections shall be required for electrical | ||||||
11 | work performed by
persons exempt from licensure under Section | ||||||
12 | 70 of this Act, except that
inspections shall be required for | ||||||
13 | work performed under subsection (f) of
Section 70.
| ||||||
14 | (c) The Department may appoint or employ inspectors to be | ||||||
15 | employed on a full-time or part-time basis. All inspectors for | ||||||
16 | the Department shall hold a license as a journeyman electrician | ||||||
17 | or be certified to conduct electrical inspections by a | ||||||
18 | nationally recognized inspector certification program under | ||||||
19 | the rules adopted by the Department for the enforcement of this | ||||||
20 | Act. In areas of this State
where a sufficient number of | ||||||
21 | licensed journeyman electricians or individuals certified to | ||||||
22 | conduct electrical inspections by a nationally recognized | ||||||
23 | inspector certification program under the rules adopted by the | ||||||
24 | Department for the enforcement of this Act are not
available to | ||||||
25 | the Department to perform inspections under this Act, the
| ||||||
26 | Department may designate other persons whom it determines to be | ||||||
27 | suitably
qualified by training or experience. | ||||||
28 | Section 95. Procedures for inspection. | ||||||
29 | (a) At or before commencement of any installation required
| ||||||
30 | to be
inspected by the Department, the electrical contractor or | ||||||
31 | owner making the
installation shall submit to the Department a | ||||||
32 | request for inspection, as provided under the rules adopted by |
| |||||||
| |||||||
1 | the Department for the enforcement of this Act, together with | ||||||
2 | the fees required for the
installation. The Department, in | ||||||
3 | consultation with the Board, shall adopt rules regarding the | ||||||
4 | time period for conducting the requested inspections.
| ||||||
5 | (b) The fees required are a handling fee and an inspection | ||||||
6 | fee. The
handling fee shall be set by the Department in an | ||||||
7 | amount sufficient to pay
the cost of bringing and handling the | ||||||
8 | form requesting an inspection. The
inspection fee shall be set | ||||||
9 | by the Department in an amount sufficient to
pay the actual | ||||||
10 | costs of the inspection and the Department's costs in
| ||||||
11 | administering the inspection.
| ||||||
12 | (c) If the inspector finds that the installation is not in | ||||||
13 | compliance
with accepted standards of construction for safety | ||||||
14 | to life and property as
required by this Act, the inspector | ||||||
15 | shall, by written order, condemn the
installation or the | ||||||
16 | noncomplying portion of the installation, or order service
to | ||||||
17 | the
installation disconnected, and shall send a copy of the | ||||||
18 | order to the
Department. If the installation or the | ||||||
19 | noncomplying part will seriously
and proximately endanger | ||||||
20 | human life and property, the order of the
inspector, when | ||||||
21 | approved by the inspector's superior, shall require
immediate | ||||||
22 | condemnation or disconnection. In all other cases, the order of
| ||||||
23 | the inspector shall permit a reasonable opportunity for the | ||||||
24 | installation to
be brought into compliance with accepted | ||||||
25 | standards of construction for
safety to life and property prior | ||||||
26 | to the effective time established for
condemnation or | ||||||
27 | disconnection.
| ||||||
28 | (d) Copies of each condemnation or disconnection order | ||||||
29 | shall be served
personally or by mail upon the property owner, | ||||||
30 | the electrical
contractor or electrician making the | ||||||
31 | installation, and other persons as the
Department by rule may | ||||||
32 | direct. An aggrieved party may appeal
any condemnation or | ||||||
33 | disconnection order by filing with the Department a
notice of | ||||||
34 | appeal within 10 days after (i) service upon the aggrieved |
| |||||||
| |||||||
1 | party
of the condemnation or disconnection order, if this | ||||||
2 | service is required or
(ii) filing of the order with the | ||||||
3 | Department, whichever is later.
The Department shall adopt | ||||||
4 | rules providing procedures for the conduct of
appeals, | ||||||
5 | including provisions for the stay of enforcement of the order | ||||||
6 | of
the inspector pending an appeal when justified by the | ||||||
7 | circumstances.
| ||||||
8 | (e) The inspectors of the Department shall have the | ||||||
9 | authority to enter
any building or premises at any reasonable | ||||||
10 | working hour in the discharge of their
duties, and they shall | ||||||
11 | have the authority, when necessary, to order the
removal of any | ||||||
12 | existing obstructions such as laths, plastering, boarding,
or | ||||||
13 | partitions that may prevent a proper inspection of the | ||||||
14 | electrical
installation.
| ||||||
15 | (f) No electrical installation subject to
inspection by the | ||||||
16 | Department shall be newly connected or reconnected for
use | ||||||
17 | until there is filed, with the electrical utility supplying | ||||||
18 | power, a
certificate of the property owner or licensed | ||||||
19 | electrician directing the
work that inspection has been | ||||||
20 | requested and that the conditions of the
installation are safe | ||||||
21 | for energization. In all cases
where an order of condemnation | ||||||
22 | or disconnection has been issued against the
installation or | ||||||
23 | any part of the installation, prior to connection or
| ||||||
24 | reconnection, there shall also first be filed with the | ||||||
25 | electrical utility
supplying the power a
copy of an order of | ||||||
26 | the inspector or the Department dismissing the prior
order of | ||||||
27 | condemnation or disconnection or approving the installation as
| ||||||
28 | being in compliance with accepted standards of construction for | ||||||
29 | safety to
life and property. With respect to transient projects | ||||||
30 | covered by this Act, this
certificate shall also contain a | ||||||
31 | certification that the request for
inspection has been or will | ||||||
32 | be filed with the Department so as to be
received by it at | ||||||
33 | least 5 days prior to the date and time energization
of the | ||||||
34 | installation by the utility is to occur, and that the request |
| |||||||
| |||||||
1 | for
inspection states the date and time. It shall be the | ||||||
2 | responsibility of
the Department to have inspection of the | ||||||
3 | transient project occur prior to
the date and time at which the | ||||||
4 | request states energization is to occur.
| ||||||
5 | (g) Any political subdivision may make
provision for | ||||||
6 | inspection of electrical installations within its
| ||||||
7 | jurisdiction, in which case it shall keep on file with the | ||||||
8 | Department
copies of its current inspection ordinances and | ||||||
9 | codes. Any political
subdivision may require any person holding | ||||||
10 | a license from the Department
to pay any license, registration | ||||||
11 | fee, or permit fees.
Any political subdivision may provide by | ||||||
12 | ordinance a
requirement that each person doing electrical work | ||||||
13 | within the jurisdiction of the
political subdivision have on | ||||||
14 | file with the political subdivision a copy
of the current | ||||||
15 | license issued by the Department or other evidence of
the | ||||||
16 | license as may be provided by the Department. Each electrical
| ||||||
17 | inspector of any political subdivision shall hold a license as | ||||||
18 | a journeyman electrician or be certified to conduct electrical | ||||||
19 | inspections by a nationally recognized inspector certification | ||||||
20 | program under the rules adopted by the Department for the | ||||||
21 | enforcement of this Act. The political subdivision may appoint | ||||||
22 | or employ inspectors to be employed on a full-time or part-time | ||||||
23 | basis. An electrical inspector employed by a political | ||||||
24 | subdivision and engaged in the regulation and inspection of | ||||||
25 | electrical wiring activities regulated under this Act on | ||||||
26 | January 1, 2007 shall be permitted to conduct electrical | ||||||
27 | inspections for 2 years from the application date. Thereafter, | ||||||
28 | the inspector must meet all of the requirements of this Act. | ||||||
29 | Section 100. Violations. | ||||||
30 | (a) Any person violating any provision of this Act or its | ||||||
31 | rules
shall be guilty of a Class B misdemeanor
and fined a | ||||||
32 | minimum of $100 for the first offense. A second or
subsequent | ||||||
33 | violation of this Act shall be a Class A misdemeanor
with a |
| |||||||
| |||||||
1 | minimum fine of $200. Each day a violation continues | ||||||
2 | constitutes a
separate
offense. The State's Attorney of the | ||||||
3 | County in which the violation occurred
or the Attorney General | ||||||
4 | may prosecute these actions in the name of the People
of the | ||||||
5 | State of Illinois. The court may enjoin the use of electricity
| ||||||
6 | installed in violation of this Act or its rules
until it has | ||||||
7 | been corrected to comply with the National Electrical Code.
| ||||||
8 | (b) If it is established that the defendant, contrary to | ||||||
9 | this Act, has
been engaging, is engaging, or is about to engage | ||||||
10 | in electrical work without
having been
issued a license, or has | ||||||
11 | been engaging or is about to engage in electrical work
after
| ||||||
12 | his or her license has been suspended or revoked or after his | ||||||
13 | or her license
has not been
renewed, the Department may levy a | ||||||
14 | penalty not to exceed $5,000 per offense.
This penalty shall be | ||||||
15 | assessed by the Department after a hearing is held in
| ||||||
16 | accordance with the provisions set forth in Section 50 of this | ||||||
17 | Act. | ||||||
18 | Section 110. Administrative Procedure Act; application. | ||||||
19 | The provisions of the Illinois Administrative Procedure Act
are | ||||||
20 | expressly adopted and shall apply to all
administrative rules | ||||||
21 | and procedures of the Department of Public Health under this
| ||||||
22 | Act, except that Section 5-50 of the Illinois Administrative | ||||||
23 | Procedure Act
relating to procedures for rulemaking does not | ||||||
24 | apply to the adoption of
any rule required by federal law in | ||||||
25 | connection with which the Department is
precluded by law from | ||||||
26 | exercising any discretion. | ||||||
27 | Section 115. Review under Administrative Review Law. All | ||||||
28 | final administrative decisions of the Director under this Act | ||||||
29 | shall be
subject to judicial review under the Administrative
| ||||||
30 | Review Law and its rules. | ||||||
31 | Section 120. Home rule. A
home rule unit may not regulate |
| |||||||
| |||||||
1 | electricians and electrical contractors in a manner less | ||||||
2 | restrictive than
the regulation by the State of electricians | ||||||
3 | and electrical contractors.
This Section is a limitation under | ||||||
4 | subsection (i) of Section 6 of Article
VII of the Illinois | ||||||
5 | Constitution on the concurrent exercise by home rule
units of | ||||||
6 | powers and functions exercised by the State.
| ||||||
7 | Section 900. The Regulatory Sunset Act is amended by adding | ||||||
8 | Section
4.25 as follows:
| ||||||
9 | (5 ILCS 80/4.25 new)
| ||||||
10 | Sec. 4.25. Act repealed on January 1, 2015. The following | ||||||
11 | Act is repealed on January 1, 2015:
| ||||||
12 | The Electricians Licensing Act.
| ||||||
13 | Section 905. The State Finance Act is amended by adding | ||||||
14 | Section
5.625 as follows:
| ||||||
15 | (30 ILCS 105/5.625 new)
| ||||||
16 | Sec. 5.625. The Electricians Licensing Dedicated Fund. ".
|