Sen. Terry Link
Filed: 5/31/2005
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1 | AMENDMENT TO SENATE BILL 932
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2 | AMENDMENT NO. ______. Amend Senate Bill 932 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 Office of the State Fire Marshal. This Act is therefore | ||||||
24 | declared to be 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 | "Electrical contractor" means a natural or legal person or | ||||||
15 | any association thereof operating a
business that undertakes or | ||||||
16 | offers to undertake to plan for, lay out,
supervise, or install | ||||||
17 | or to make additions, alterations, or
repairs in the
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18 | installation of electrical wiring, apparatus, and equipment | ||||||
19 | for electric light, heat, or
power within or on a building, | ||||||
20 | residence, structure, or real property with or without | ||||||
21 | compensation and who is licensed to engage in electrical | ||||||
22 | contracting as an electrical
contractor by the Office of the | ||||||
23 | State Fire Marshal. An electrical contractor's license
does not | ||||||
24 | of itself qualify its holder to perform the electrical work
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25 | authorized by holding any class of electrician's license.
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26 | "Electrical work" means the installation, alteration, or
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27 | repair of electrical wiring, apparatus, and equipment for | ||||||
28 | electric heat, light, or power within or on a building, | ||||||
29 | residence, structure, or real property and the
planning, laying | ||||||
30 | out, or supervision of the installation,
alteration, or repair | ||||||
31 | of electrical wiring, apparatus, and equipment for
electric | ||||||
32 | heat, light, or
power within or on a building, residence, | ||||||
33 | structure, or real property.
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1 | "Farm" means land or a building, including but not limited | ||||||
2 | to barns, livestock facilities, residences, grain storage | ||||||
3 | facilities, and machine sheds, appurtenant to land that is used | ||||||
4 | for production agriculture or for a purpose accessory to | ||||||
5 | production agriculture. | ||||||
6 | "Fire Marshal" means the State Fire Marshal. | ||||||
7 | "Governmental unit" means the State, a school district, or | ||||||
8 | a community college district or a unit of local government as | ||||||
9 | defined in Article VII of the Illinois Constitution.
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10 | "Journeyman electrician" means a natural person having the | ||||||
11 | necessary
qualifications, training, experience, and technical | ||||||
12 | knowledge to install, alter, and repair electrical wiring, | ||||||
13 | apparatus, and equipment for electric light, heat, or power | ||||||
14 | within or on a building, residence, structure, or real property | ||||||
15 | who
is
licensed as a journeyman electrician by the Office of | ||||||
16 | the State Fire Marshal.
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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 | "Office" means the Office of the State Fire Marshal. | ||||||
24 | "Owner" means a natural person who physically performs | ||||||
25 | electrical work on: | ||||||
26 | (i) premises owned by the person and in which the | ||||||
27 | person actually resides as a single-family residence; or | ||||||
28 | (ii) premises owned by the person and in which the | ||||||
29 | person will reside as a single-family residence upon | ||||||
30 | completion of construction. | ||||||
31 | "Person" means any natural or legal person or any | ||||||
32 | association thereof. | ||||||
33 | "Production agriculture" has the same meaning as defined in | ||||||
34 | Section 3-35 of the Service Use Tax Act. |
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1 | "Residential electrical work" means the installation, | ||||||
2 | alteration, or repair of electrical wiring, apparatus, or | ||||||
3 | equipment and the planning, laying out, or supervision of the | ||||||
4 | installation, alteration, or repair of electrical wiring, | ||||||
5 | apparatus, and equipment for electrical heat, light, or power | ||||||
6 | in a single-family detached residential dwelling or a | ||||||
7 | multi-family residential dwelling not exceeding 8 units per | ||||||
8 | building.
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9 | "Residential electrician" means a natural person having | ||||||
10 | the necessary
qualifications, training, experience, and | ||||||
11 | technical knowledge to install, alter, or repair electrical | ||||||
12 | wiring, apparatus, and equipment for electrical heat, light, or | ||||||
13 | power in a single-family
detached residential dwelling or a | ||||||
14 | multi-family residential dwelling not exceeding 8 units per | ||||||
15 | building and who is
licensed as a residential electrician by | ||||||
16 | the Office of the State Fire Marshal.
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17 | "Routine maintenance of electrical systems" means the | ||||||
18 | routine and periodic servicing of electrical systems, | ||||||
19 | including cleaning, inspecting, and making adjustments to | ||||||
20 | ensure the proper operation and the removal or replacement of | ||||||
21 | component parts. "Routine maintenance of electrical systems" | ||||||
22 | does not include the installation of complete electrical | ||||||
23 | systems. | ||||||
24 | "Supervision" means that any new electrical work done by a | ||||||
25 | registered
apprentice electrician must be inspected at least | ||||||
26 | once after initial
rough-in and once upon completion by
an | ||||||
27 | Illinois licensed electrician. In addition, all renovation, | ||||||
28 | alteration,
repair, extension, and modification work done by a | ||||||
29 | registered
apprentice electrician on an existing electrical | ||||||
30 | system must be approved by
an Illinois licensed electrician. | ||||||
31 | Section 15. Board of Electrical Examiners. | ||||||
32 | (a) There is created the Illinois
State Board of Electrical
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33 | Examiners which shall exercise its duties provided in this Act |
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1 | under the
supervision of the Office of the State Fire Marshal. | ||||||
2 | The Board shall consist of 13
members appointed by the | ||||||
3 | Governor. The Board shall be composed of
3 licensed journeyman | ||||||
4 | electricians, one licensed residential electrician, 2 licensed | ||||||
5 | electrical contractors who are
members of the National | ||||||
6 | Electrical Contractors Association, one licensed electrical | ||||||
7 | contractor who is a member of the Independent Electrical | ||||||
8 | Contractors, one licensed electrical contractor who is a member | ||||||
9 | of the Associated Builders and Contractors, one licensed
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10 | electrical engineer, one electrical inspector who holds a | ||||||
11 | journeyman electrician's license, one representative of a | ||||||
12 | public utility, the
State Fire Marshal or his or her designee, | ||||||
13 | and a licensed real estate professional. In making the
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14 | appointments to the Board, the Governor shall consider the | ||||||
15 | recommendations
of individuals, firms, or organizations | ||||||
16 | involved in electrical
wiring installation in this State. The | ||||||
17 | Governor shall also take into
consideration the minority | ||||||
18 | representation in the population when making
appointments to | ||||||
19 | the Board.
Members of the Board shall serve 4-year terms
and | ||||||
20 | until their successors are appointed and qualified. The initial
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21 | appointments, however, shall be as follows: 4 members for terms | ||||||
22 | of 2 years, 4
members for 3 years, and 4 members for 4 years. | ||||||
23 | The State Fire Marshal's
service on the Board shall be | ||||||
24 | continuous. For the initial appointments of the licensed | ||||||
25 | electrical contractors, licensed journeyman electricians, | ||||||
26 | licensed residential electrician, and electrical inspector | ||||||
27 | prior to the Board developing the rules for examination of | ||||||
28 | license applicants, the Governor may appoint individuals whose | ||||||
29 | qualifications are similar to those outlined in Section 25. | ||||||
30 | Following the expiration of those terms, the Governor may | ||||||
31 | reappoint those individuals or others only if such individuals | ||||||
32 | are licensed under this Act. | ||||||
33 | (b) The Board shall aid the Fire Marshal and the Office by: | ||||||
34 | (1) recommending provisions for the Minimum Electrical |
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1 | Code and subsequent amendments to be adopted by the Office | ||||||
2 | for all electrical work based on the standards prescribed | ||||||
3 | in Section 85; | ||||||
4 | (2) recommending subject matter for examinations and | ||||||
5 | the continuing education requirements as provided in this | ||||||
6 | Act based on the Minimum Electrical Code; | ||||||
7 | (3) recommending standards, rules, guidelines, and | ||||||
8 | procedures to approve or disapprove a course of instruction | ||||||
9 | in electrical work at a college, university, or trade | ||||||
10 | school to qualify for a license issued by the Office under | ||||||
11 | this Act. Such standards, rules, guidelines, and | ||||||
12 | procedures shall be designed to ensure that an approved | ||||||
13 | course of instruction adequately provides the practical | ||||||
14 | and theoretical education and training in the | ||||||
15 | installation, alteration, and repair of electrical wiring, | ||||||
16 | apparatus, and equipment for electric heat, light, or power | ||||||
17 | within or on a building, residence, structure, or real | ||||||
18 | property based on the standards prescribed in Section 85; | ||||||
19 | (4) developing, in conjunction with the Illinois | ||||||
20 | Community College Board, the Illinois Board of Higher | ||||||
21 | Education, and the Department of Commerce and Economic | ||||||
22 | Opportunity, courses of instruction to meet the | ||||||
23 | qualifications specified in this Act and that encourage the | ||||||
24 | employment of minorities and females as licensed | ||||||
25 | electricians and licensed electrical contractors; | ||||||
26 | (5) suggesting rules to govern examinations and | ||||||
27 | hearings to deny, suspend, revoke, or reinstate licenses | ||||||
28 | and assess fines as provided for in this Act; | ||||||
29 | (6) submitting recommendations to the Fire Marshal | ||||||
30 | from time to time for the efficient administration of this | ||||||
31 | Act; and | ||||||
32 | (7) performing other duties prescribed in this
Act. | ||||||
33 | (c) Board members shall
receive no compensation but shall | ||||||
34 | be reimbursed for expenses incurred in
connection with their |
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1 | duties as Board members. The Office shall provide staff and | ||||||
2 | administrative support services to the Board. | ||||||
3 | Section 20. Powers and duties of the Fire Marshal. The Fire | ||||||
4 | Marshal shall take all
actions necessary under this Act to | ||||||
5 | carry out the duties and responsibilities
of the Office under | ||||||
6 | this Act. The Fire Marshal, with the assistance of the
Board, | ||||||
7 | shall:
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8 | (a) adopt rules and regulations for examination of | ||||||
9 | applicants for journeyman and residential licenses;
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10 | (b) prepare and give uniform
examinations to | ||||||
11 | applicants for journeyman and
residential licenses that | ||||||
12 | shall test their knowledge and qualifications
in the | ||||||
13 | planning and design of electrical systems, their | ||||||
14 | knowledge,
qualifications, and manual skills in electrical | ||||||
15 | installations, and their
knowledge of materials and | ||||||
16 | methods used in electrical work according to the Minimum | ||||||
17 | Electrical Code adopted by the Office;
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18 | (c) prepare and issue electrical contractor, | ||||||
19 | journeyman electrician, and residential
electrician | ||||||
20 | licenses and license renewals to applicants who have met | ||||||
21 | the requirements for
licensure and complied with all the | ||||||
22 | prerequisites to licensure;
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23 | (d) provide for the registration of apprentices; | ||||||
24 | (e) adopt rules for the extension of a person's | ||||||
25 | temporary license based on demonstrated undue hardship or | ||||||
26 | other special circumstances;
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27 | (f) adopt rules for hearings to deny, suspend, revoke, | ||||||
28 | or reinstate
licenses and assess fines as provided for in | ||||||
29 | this Act;
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30 | (g) maintain a current record showing (i) the names and | ||||||
31 | addresses of
licensed electrical contractors, journeyman | ||||||
32 | electricians, and residential
electricians; (ii) the dates | ||||||
33 | of issuance of licenses; (iii) the date and
substance for |
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1 | the charges set forth in any hearing for denial, | ||||||
2 | suspension,
or revocation of any license; (iv) the date and | ||||||
3 | substance of the final order
issued upon a hearing; and (v) | ||||||
4 | the date and substance of all petitions
for reinstatement | ||||||
5 | of license and final orders on petitions;
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6 | (h) establish and collect fees for the examination, | ||||||
7 | issuance, and renewal
of licenses;
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8 | (i) adopt rules for and provide for the inspection of | ||||||
9 | new electrical installations in
construction, remodeling, | ||||||
10 | replacement, or repair work, where
required by this Act;
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11 | (j) establish and collect fees for the handling and | ||||||
12 | inspection of new
electrical installations;
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13 | (k) adopt standards, rules, guidelines, and procedures | ||||||
14 | to approve or disapprove a course of instruction in | ||||||
15 | electrical work at a college, university, or trade school | ||||||
16 | to qualify for a license issued by the Office under this | ||||||
17 | Act, and approve or disapprove such courses of instruction | ||||||
18 | by reference to compliance or noncompliance with such | ||||||
19 | standards, rules, guidelines, or procedures. Such | ||||||
20 | standards, rules, guidelines, or procedures shall be | ||||||
21 | designed to ensure that an approved course of instruction | ||||||
22 | adequately provides the practical and theoretical | ||||||
23 | education and training in the installation, alteration, | ||||||
24 | and repair of electrical wiring, apparatus, and equipment | ||||||
25 | for electric heat, light, or power within or on a building, | ||||||
26 | residence, structure, or real property based on the | ||||||
27 | standards prescribed in Section 85; | ||||||
28 | (l) work with the Board, the Illinois Community College | ||||||
29 | Board, the Illinois Board of Higher Education, and the | ||||||
30 | Department of Commerce and Economic Opportunity to develop | ||||||
31 | courses of instruction to meet the qualifications | ||||||
32 | specified in this Act and that encourage the employment of | ||||||
33 | minorities and females as licensed electricians and | ||||||
34 | licensed electrical contractors; |
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1 | (m) cause investigations to be made when the Office has | ||||||
2 | reasonable grounds for believing that a violation of any | ||||||
3 | provision of this Act or rules adopted pursuant to this Act | ||||||
4 | has occurred or is occurring; | ||||||
5 | (n) conduct inspections during regular working hours, | ||||||
6 | the purpose of which shall be reduced to writing, to | ||||||
7 | determine satisfactory compliance with this Act and rules | ||||||
8 | adopted pursuant to this Act, after consent of the person, | ||||||
9 | licensee, or registrant has been obtained or after an order | ||||||
10 | for such inspection has been issued by the court; | ||||||
11 | (o) assess administrative fines, which shall be | ||||||
12 | established by the Office by rule against a licensee for | ||||||
13 | violation of any provision of this Act or rules adopted | ||||||
14 | pursuant to this Act; | ||||||
15 | (p) adopt, publish, and from time to time, amend the | ||||||
16 | Minimum Electrical Code for all electrical work based on | ||||||
17 | the standards prescribed in Section 85 after consideration | ||||||
18 | of the recommendations of the Illinois State Board of | ||||||
19 | Electrical Examiners; | ||||||
20 | (q) adopt any rules necessary for the administration | ||||||
21 | and enforcement of this Act; and | ||||||
22 | (r) perform other duties prescribed in this Act.
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23 | Section 25. License and registration. | ||||||
24 | (a) On or after July 1, 2008, except as otherwise provided | ||||||
25 | by this Act, no person
shall perform electrical work unless the | ||||||
26 | person is:
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27 | (1) licensed by the Office as a journeyman or | ||||||
28 | residential electrician;
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29 | (2) an apprentice registered with the Office; or
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30 | (3) licensed as an electrical contractor. | ||||||
31 | (b) Journeyman electrician. An applicant for a journeyman | ||||||
32 | electrician's license shall meet one of the following | ||||||
33 | conditions: (i) the completion of an approved apprenticeship |
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1 | program, (ii) the successful completion of a course of | ||||||
2 | instruction in electrical work, under the rules adopted by the | ||||||
3 | Office for the enforcement of this Act, at a college, | ||||||
4 | university, or trade school, or (iii) the completion of at
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5 | least 8,000 hours of verifiable experience performing | ||||||
6 | electrical work obtained over a period of not less than 4 | ||||||
7 | years, as provided under the rules adopted by the Office for | ||||||
8 | the enforcement of this Act.
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9 | A person practicing as an electrician on the effective date | ||||||
10 | of this Act with 8,000 hours of verifiable experience | ||||||
11 | performing electrical work obtained over a period of not less | ||||||
12 | than 4 years, as provided under the rules adopted by the Office | ||||||
13 | for the enforcement of this Act, who files a license | ||||||
14 | application with the Office on or before July 1, 2008 and meets | ||||||
15 | all the other requirements of this Act shall be granted a | ||||||
16 | temporary journeyman electrician's license without | ||||||
17 | examination. The temporary journeyman electrician's license | ||||||
18 | shall be valid for 2 years from the date of issuance. The | ||||||
19 | Office shall require an annual fee. As a condition of renewal, | ||||||
20 | the licensee shall pass the examination specified in Section 30 | ||||||
21 | for all journeyman electrician applicants but shall not be | ||||||
22 | required to meet the specified continuing education | ||||||
23 | requirements while holding a temporary journeyman | ||||||
24 | electrician's license. Nothing shall prevent the holder of a | ||||||
25 | temporary license from taking the required examination prior to | ||||||
26 | the expiration of the temporary license. A journeyman | ||||||
27 | electrician holding a temporary license may petition the Office | ||||||
28 | for an extension of a one-year period in the event he or she | ||||||
29 | can demonstrate undue hardship or other special circumstances. | ||||||
30 | (c) Registered apprentice. On or after July 1, 2008, a | ||||||
31 | person who is enrolled in an approved
apprenticeship program | ||||||
32 | may perform electrical work only under the
supervision of a | ||||||
33 | licensed electrician. All apprentices shall be registered with
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34 | the Office. The Office shall provide the apprentice with a |
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1 | verification of his or her registration.
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2 | (d) Residential electrician. An applicant for a | ||||||
3 | residential electrician's license shall meet one of the | ||||||
4 | following conditions: (i) the completion of an approved | ||||||
5 | apprenticeship program in residential wiring for a | ||||||
6 | single-family detached residential dwelling or multi-family | ||||||
7 | residential dwelling or its equivalent, (ii) the successful | ||||||
8 | completion of a course of instruction in electrical work, under | ||||||
9 | the rules adopted by the Office for the enforcement of this | ||||||
10 | Act, at a college, university, or trade school, or (iii) the | ||||||
11 | completion of at
least 6,000 hours of verifiable experience | ||||||
12 | performing residential electrical work obtained over a period | ||||||
13 | of not less than 3 years, as provided under the rules adopted | ||||||
14 | by the Office for the enforcement of this Act.
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15 | A person practicing as an electrician on the effective date | ||||||
16 | of this Act with at least 6,000 hours of verifiable experience | ||||||
17 | performing residential electrical work obtained over a period | ||||||
18 | of not less than 3 years, as provided under the rules adopted | ||||||
19 | by the Office for the enforcement of this Act, and having the | ||||||
20 | necessary qualifications, training, and technical knowledge, | ||||||
21 | as provided under the rules adopted for the enforcement of this | ||||||
22 | Act, involving residential electrical work, who files a license | ||||||
23 | application with the Office on or before July 1, 2008 and meets | ||||||
24 | all the other requirements of this Act shall be granted a | ||||||
25 | temporary residential electrician's license without | ||||||
26 | examination. The temporary residential electrician's license | ||||||
27 | shall be valid for 2 years from the date of issuance. The | ||||||
28 | Office shall require an annual fee. As a condition of renewal, | ||||||
29 | the licensee shall pass the exam specified in Section 30 for | ||||||
30 | all residential electrician applicants but shall not be | ||||||
31 | required to meet the specified continuing education | ||||||
32 | requirements while holding a temporary residential | ||||||
33 | electrician's license. Nothing shall prevent the holder of a | ||||||
34 | temporary license from taking the required examination prior to |
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1 | the expiration of the temporary license. A residential | ||||||
2 | electrician holding a temporary license may petition the Office | ||||||
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 | (e) Contractors. | ||||||
6 | (1) On or after July 1, 2008, 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 Office. A residential electrician | ||||||
16 | employed by such an electrical contractor may not perform | ||||||
17 | any non-residential electrical work. This paragraph (1) | ||||||
18 | shall not apply to electrical contractors performing only | ||||||
19 | residential electrical work. | ||||||
20 | (2) On or after July 1, 2008, 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 Office. | ||||||
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 Office on or before July 1, 2008 and meets all the | ||||||
8 | other requirements of this Act shall be granted a temporary | ||||||
9 | electrical contractor's license pursuant to other | ||||||
10 | provisions of this Act, which shall be valid for 2 years | ||||||
11 | from the date of issuance. The Office 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 Office for an extension of a one-year period | ||||||
16 | in the event he or she can demonstrate undue hardship or | ||||||
17 | other special circumstances.
An electrical contractor | ||||||
18 | holding a temporary license must employ a licensed | ||||||
19 | journeyman electrician or, in the case of an electrical | ||||||
20 | contractor performing only residential electrical work, a | ||||||
21 | licensed residential electrician who shall be responsible | ||||||
22 | for the performance of all electrical work in accordance | ||||||
23 | with this Act. | ||||||
24 | (5) An electrical
contractor giving bond to the State | ||||||
25 | in
an amount to be determined by the Office and meeting all | ||||||
26 | other requirements of this Act shall be issued a licensed | ||||||
27 | by the Office.
The bond shall be
filed with the Office and | ||||||
28 | shall be in lieu of all other license bonds
to any | ||||||
29 | political subdivision. The bond shall be written by any | ||||||
30 | corporate
entity licensed to do business in the State of | ||||||
31 | 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 Office in consultation with the Board.
| ||||||
2 | The insurance shall be written by an insurer licensed to do | ||||||
3 | business in the
State of Illinois and each licensed | ||||||
4 | electrical contractor shall maintain on
file with the | ||||||
5 | Office a certificate evidencing insurance that provides
| ||||||
6 | that the insurance shall not be cancelled without the | ||||||
7 | insurer first giving
15 days written notice to the Office | ||||||
8 | of the cancellation.
| ||||||
9 | (7) A licensed electrical contractor shall notify the | ||||||
10 | Office when the licensed electrician required to conduct or | ||||||
11 | supervise the work of the electrical contractor is | ||||||
12 | unavailable due to death or incapacitation. The licensed | ||||||
13 | electrical contractor may request that the Office issue a | ||||||
14 | temporary license to persons certified by the licensed | ||||||
15 | electrical contractor to have an acceptable combination of | ||||||
16 | documented experience and education to conduct or | ||||||
17 | supervise electrical work or residential electrical work. | ||||||
18 | The Office shall adopt rules for issuing a temporary | ||||||
19 | license under such circumstances. Any person certified by a | ||||||
20 | licensed electrical contractor to have an acceptable | ||||||
21 | combination of documented experience and education to | ||||||
22 | conduct or supervise electrical work or residential | ||||||
23 | electrical work shall immediately seek a temporary license | ||||||
24 | from the Office and shall pay such fee as the Office shall | ||||||
25 | determine. Each temporary license shall state, on its face, | ||||||
26 | that it is valid (i) for a period of 30 days from the date | ||||||
27 | of issuance and (ii) while employed by the licensed | ||||||
28 | electrical contractor that certified that the individual | ||||||
29 | was qualified. The temporary license shall be renewable as | ||||||
30 | long as the shortage of license holders shall continue. | ||||||
31 | (f) The Office shall adopt rules for determining whether an | ||||||
32 | applicant's work experience meets the requirements for
| ||||||
33 | 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
the issuance of an electrician's license, each applicant | ||||||
5 | must pass a written
examination given by the Office for the | ||||||
6 | type 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 Office 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 Office shall adopt rules on the curricula | ||||||
16 | for the continuing education requirement. A licensee shall | ||||||
17 | provide to the Office evidence of completing the continuing | ||||||
18 | education requirement. The Office shall approve any continuing | ||||||
19 | education programs and by rule any means for verification of | ||||||
20 | 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 Office. Application, renewal, and
all other | ||||||
25 | fees provided for in this Act shall be adopted by the Office
by | ||||||
26 | 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 Office shall reinstate a license that expires while | ||||||
32 | a licensee is in active military service of the United States | ||||||
33 | upon application to the Office by the licensee within 2 years |
| |||||||
| |||||||
1 | after termination of the military service, payment of the | ||||||
2 | annual license fee, and submission of evidence of the military | ||||||
3 | service. The license shall be reinstated without examination or | ||||||
4 | completion of the continuing education requirement specified | ||||||
5 | in Section 30 and without payment of the lapsed renewal 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 in the State | ||||||
9 | treasury. The Office and Board may utilize moneys in this fund | ||||||
10 | for the administration of this Act.
| ||||||
11 | Section 45. Grounds for discipline. The Office
may
by order | ||||||
12 | deny, suspend, revoke, or refuse to renew a license, or may
| ||||||
13 | censure a licensee if it finds that it is in the public | ||||||
14 | interest to do so
and that the applicant or licensee:
| ||||||
15 | (1) has filed an application for a license that
| ||||||
16 | contains any statement that, in light of the
circumstances | ||||||
17 | under which it is made, is false or misleading with respect
| ||||||
18 | to any material fact;
| ||||||
19 | (2) has engaged in any fraudulent, deceptive, or | ||||||
20 | dishonest practice;
| ||||||
21 | (3) has been convicted within the past 5 years of a | ||||||
22 | misdemeanor
involving a violation of this Act; or
| ||||||
23 | (4) has violated or failed to comply with this Act or | ||||||
24 | its rules
or any order issued under this Act. A violation | ||||||
25 | need not be willful.
| ||||||
26 | The Office may adopt rules further specifying the grounds | ||||||
27 | for suspension,
revocation, and refusal to renew a license and | ||||||
28 | establishing standards of
conduct for licensees. | ||||||
29 | Section 50. Denial, revocation, or suspension of license; | ||||||
30 | assessment of a civil administrative fine. | ||||||
31 | (a) The Fire Marshal, after notice and opportunity for | ||||||
32 | hearing to the applicant or license holder, may deny, suspend, |
| |||||||
| |||||||
1 | or revoke a license or assess a civil administrative fine for | ||||||
2 | cause. For the purposes of this Section, "cause" means a | ||||||
3 | violation of any provision of this Act or any rule adopted | ||||||
4 | pursuant to this Act. | ||||||
5 | (b) Notice shall be provided by certified mail or by | ||||||
6 | personal service setting forth the particular reasons for the | ||||||
7 | proposed action and fixing a date, not less than 15 days from | ||||||
8 | the date of the mailing or service, within which time the | ||||||
9 | applicant or license holder must request in writing a hearing. | ||||||
10 | Failure to serve upon the Office a request for hearing in | ||||||
11 | writing within the time provided in the notice shall constitute | ||||||
12 | a waiver of the person's right to an administrative hearing. | ||||||
13 | (c) The hearing shall be conducted by the Fire Marshal or | ||||||
14 | by an individual designated in writing by the Fire Marshal as | ||||||
15 | an administrative law judge to conduct the hearing. The Fire | ||||||
16 | Marshal or administrative law judge shall give written notice | ||||||
17 | of the time and place of the hearing, by certified mail or | ||||||
18 | personal service, to the applicant or license holder at least | ||||||
19 | 10 days prior to the hearing. On the basis of the hearing, or | ||||||
20 | upon default of the applicant or license holder, the Fire | ||||||
21 | Marshal shall make a determination specifying his or her | ||||||
22 | findings and conclusions. A copy of the determination shall be | ||||||
23 | sent by certified mail or served personally upon the applicant, | ||||||
24 | license holder, or registrant. The decision of the Fire Marshal | ||||||
25 | shall be final on issues of fact and final in all respects | ||||||
26 | unless judicial review is sought as provided in this Act. | ||||||
27 |
(d) The procedure governing hearings authorized by this | ||||||
28 | Section shall be in accordance with rules adopted by the | ||||||
29 | Office. A full and complete record shall be kept of all | ||||||
30 | proceedings, including the notice of hearing, complaint, and | ||||||
31 | all other documents in the nature of pleadings, written motions | ||||||
32 | filed in the proceedings, and the report and orders of the Fire | ||||||
33 | Marshal and administrative law judge. | ||||||
34 | (e) The Office at its expense shall provide a court |
| |||||||
| |||||||
1 | reporter to take testimony. Technical error in the proceedings | ||||||
2 | before the Fire Marshal or administrative law judge or their | ||||||
3 | failure to observe the technical rules of evidence shall not be | ||||||
4 | grounds for the reversal of any administrative decision, unless | ||||||
5 | it appears to the court that such error or failure materially | ||||||
6 | affects the rights of any party and results in substantial | ||||||
7 | injustice to them. | ||||||
8 | (f) The Fire Marshal or administrative law judge may compel | ||||||
9 | the attendance of witnesses and the production of books, | ||||||
10 | papers, records, or memoranda. | ||||||
11 | (g) The Office shall not be required to certify any record | ||||||
12 | to the court or file any answer in court or otherwise appear in | ||||||
13 | any court in a judicial review proceeding, unless there is | ||||||
14 | filed in the court with the complaint a receipt from the Office | ||||||
15 | acknowledging payment of the costs of furnishing and certifying | ||||||
16 | the record. Such costs shall be paid by the party requesting a | ||||||
17 | copy of the record. Failure on the part of the person | ||||||
18 | requesting a copy of the record to pay the costs shall be | ||||||
19 | grounds for dismissal of the action. | ||||||
20 | Section 55. Nonpayment of taxes. The Office may refuse to | ||||||
21 | issue or may
suspend the license of any person
who fails (i) to | ||||||
22 | file a federal or State tax return, (ii) to pay the tax,
| ||||||
23 | penalty, or interest shown
in
a filed return, or (iii) to pay | ||||||
24 | any final assessment of tax, penalty, or
interest,
as required | ||||||
25 | by any tax Act administered by the Illinois Office of
Revenue, | ||||||
26 | until the time the requirements of the tax Act are satisfied. | ||||||
27 | Section 65. Reciprocity. The Office may grant a license, | ||||||
28 | without examination, of the same grade and class to an | ||||||
29 | electrician who has been licensed by any other state that | ||||||
30 | provides for the licensing of electricians in a similar manner. | ||||||
31 | The license may be granted for one year upon payment by the | ||||||
32 | applicant of the required fee and upon the Office being |
| |||||||
| |||||||
1 | furnished with proof that the qualifications of the applicant | ||||||
2 | are equal to the qualifications of Section 25 of this Act. The | ||||||
3 | licensee may renew a license issued pursuant to this Section if | ||||||
4 | the licensee meets all the requirements for renewal of a | ||||||
5 | license under this Act. | ||||||
6 | Section 70. Exemptions. | ||||||
7 | (a) Employees of, or independent contractors performing | ||||||
8 | work for, any
electric utility or electric utility affiliate, | ||||||
9 | independent electric power generator, public utility as | ||||||
10 | defined in Section 3-105 of the Public Utilities Act, | ||||||
11 | generating station or generating unit of an electric utility as | ||||||
12 | described in Section 16-102 of the Public Utilities Act, | ||||||
13 | communications or railway
utility, electric system owned and
| ||||||
14 | operated by a municipal corporation or governmental unit | ||||||
15 | (notwithstanding any other provision of this Act), electric | ||||||
16 | cooperative as
defined in Section 3.4 of the Electric Supplier | ||||||
17 | Act, telephone or
telecommunications cooperative as defined in | ||||||
18 | Section 13-212 of the Public
Utilities Act, or a | ||||||
19 | telecommunications carrier as defined in Section 13-202 of the | ||||||
20 | Public Utilities Act or its affiliate or co-generation | ||||||
21 | facilities shall be exempt from the provisions of this Act | ||||||
22 | while performing work on installations, materials, or | ||||||
23 | equipment
that are owned or leased, operated, serviced, or | ||||||
24 | maintained by the electric utility or
electric utility | ||||||
25 | affiliate, independent electric power generator, public | ||||||
26 | utility, generating station or generating unit of an electric | ||||||
27 | utility, communications or railway utility, electric system
| ||||||
28 | owned and operated by a municipal corporation or governmental | ||||||
29 | unit,
electric cooperative, telephone or telecommunications | ||||||
30 | cooperative, or telecommunications carrier or its affiliate or | ||||||
31 | co-generation facilities in the exercise of its utility or | ||||||
32 | telephone function, and that (i) are used
exclusively for the | ||||||
33 | generation, transformation,
distribution, transmission, or |
| |||||||
| |||||||
1 | metering of electric current, or the
operation of railway | ||||||
2 | signals, traffic signals, or street lights, or the transmission | ||||||
3 | of intelligence and do
not have as a principal function the | ||||||
4 | consumption or use of electric current
by or for the benefit of | ||||||
5 | any person other than the
electric utility or electric utility | ||||||
6 | affiliate, independent electric power generator, public | ||||||
7 | utility, generating station or generating unit of an electric | ||||||
8 | utility, communications or railway
utility, electric system | ||||||
9 | owned and operated by a municipal corporation or
governmental | ||||||
10 | unit, electric, telephone, or telecommunications
cooperative, | ||||||
11 | or telecommunications carrier or its affiliate or their end | ||||||
12 | users and (ii) are generally accessible only to employees of | ||||||
13 | the
electric utility or electric utility affiliate, | ||||||
14 | independent electric power generator, public utility, | ||||||
15 | generating station or generating unit of an electric utility, | ||||||
16 | communications or railway
utility, electric system owned and | ||||||
17 | operated by a municipal corporation or
governmental unit, | ||||||
18 | electric, telephone, or telecommunications
cooperative, or | ||||||
19 | telecommunications carrier or its affiliate or persons acting | ||||||
20 | under its control or
direction. Persons performing work | ||||||
21 | subcontracted out to an electrical contractor or other | ||||||
22 | contractors, however, shall be in compliance with the | ||||||
23 | requirements of this Act.
| ||||||
24 | (b) Contractors employing pipefitters, sprinkler fitters, | ||||||
25 | licensed plumbers, or sheet metal workers performing | ||||||
26 | modification, service, maintenance, retro fit, or warranty | ||||||
27 | work in plumbing, heating, sprinkler fitting, irrigation, | ||||||
28 | ventilation, air conditioning, refrigeration (HVACR) systems, | ||||||
29 | instrumentation, control work, or stress relieving shall be | ||||||
30 | exempt from this Act. For the installation or replacement of | ||||||
31 | equipment in the HVACR industry, modifications to the external | ||||||
32 | power wiring to the equipment is exempt. The installation of | ||||||
33 | wiring for irrigation when being installed by a registered or | ||||||
34 | licensed irrigation worker shall be exempt from this Act. |
| |||||||
| |||||||
1 | Persons performing work subcontracted out to an electrical | ||||||
2 | contractor or other contractors, however, shall be in | ||||||
3 | compliance with the requirements of this Act. | ||||||
4 | (c) Employees of contractors performing construction or | ||||||
5 | maintenance work on any transmission or distribution lines | ||||||
6 | owned, leased, operated and maintained by the utilities | ||||||
7 | described in subsection (a) shall be exempt from the provisions | ||||||
8 | and licensing requirements of this Act, and employees of | ||||||
9 | contractors performing construction or maintenance work on any | ||||||
10 | transmission lines owned, leased, operated, and maintained by | ||||||
11 | an independent transmission company, system, or entity | ||||||
12 | approved by the Federal Energy Regulatory Commission and the | ||||||
13 | Illinois Commerce Commission shall be exempt from this Act. | ||||||
14 | (d) Employees of contractors performing construction or | ||||||
15 | maintenance work on highway lighting or street lighting owned, | ||||||
16 | leased, operated, and maintained by governmental units and | ||||||
17 | their departments and political subdivisions shall be exempt | ||||||
18 | from this Act. | ||||||
19 | (e) Employees of contractors performing construction or | ||||||
20 | maintenance work on traffic signals owned, leased, operated, | ||||||
21 | and maintained by a governmental unit and its departments and | ||||||
22 | political subdivisions shall be exempt from this Act, provided | ||||||
23 | that these employees are Traffic Signal Level II certified | ||||||
24 | under the International Municipal Sign Association (IMSA). | ||||||
25 | (f) An owner shall not be required to hold a license under
| ||||||
26 | this Act. Nevertheless, electrical work performed by an owner | ||||||
27 | shall comply
with the minimum standards contained in the | ||||||
28 | National Electrical Code and any additional standards or | ||||||
29 | requirements established by a political subdivision and shall
| ||||||
30 | be subject to inspection by the Office. Unless otherwise | ||||||
31 | specified in this Act, an owner shall not employ
anyone other | ||||||
32 | than an electrician licensed under this Act to assist him or | ||||||
33 | her.
| ||||||
34 | (g) Any city, village, or incorporated town having a |
| |||||||
| |||||||
1 | population of
500,000 or more may, by an ordinance containing | ||||||
2 | provisions substantially
the same as those in this Act and | ||||||
3 | specifying educational or experience
requirements equivalent | ||||||
4 | to those prescribed in the Act, provide for a board
of | ||||||
5 | electrical examiners to conduct examinations for, and to issue,
| ||||||
6 | suspend, or revoke, electricians' licenses within the city, | ||||||
7 | village, or
incorporated town. Upon the enactment of such an | ||||||
8 | ordinance, the provisions of
this Act shall not apply within | ||||||
9 | that municipality except as otherwise
provided in this Act. Any | ||||||
10 | person
licensed as an electrician under the local ordinance, or | ||||||
11 | licensed by the
Office under this Act, shall meet the | ||||||
12 | requirements to perform electrical work anywhere in this State.
| ||||||
13 | (h) Nothing in this Act shall be construed to prevent an | ||||||
14 | owner or operator
of a farm or his or her employees from | ||||||
15 | installing, making additions to,
altering, maintaining, or
| ||||||
16 | repairing wiring, apparatus, or equipment for electric light, | ||||||
17 | heat, or power on the farm that he or she owns or operates.
| ||||||
18 | (i) Employees of a manufacturing corporation
that engage in | ||||||
19 | activities normally requiring licensure under this Act shall be
| ||||||
20 | exempt when such activities are pursuant to the operation or | ||||||
21 | maintenance of
its existing business and facilities. Persons | ||||||
22 | performing work subcontracted out to an electrical contractor | ||||||
23 | or other contractor, however, shall be in compliance with the | ||||||
24 | requirements of this Act.
| ||||||
25 | (j) The minor repair of existing electrical systems does | ||||||
26 | not require
licensure under this Act. For the purposes of this | ||||||
27 | subsection, "minor repair"
means repairs to existing | ||||||
28 | electrical systems that do not require a permit to be
issued | ||||||
29 | under any local ordinance. | ||||||
30 | (k) The provisions of this Act shall not apply to the | ||||||
31 | installation, replacement, service, or repair of household | ||||||
32 | products, including but not limited to audio and video | ||||||
33 | equipment, appliances, fans, garbage disposals, and garage | ||||||
34 | door openers by a business entity that may be engaged in the |
| |||||||
| |||||||
1 | retail sale of consumer products.
| ||||||
2 | (l) Any person, firm, or company licensed under and | ||||||
3 | performing work in accordance with the Elevator Safety and | ||||||
4 | Regulation Act shall be exempt from this Act. | ||||||
5 | (m) Employees of a governmental unit that engage in | ||||||
6 | activities normally requiring licensure under this Act shall be | ||||||
7 | exempt when such activities are pursuant to their normal duties | ||||||
8 | in the operation or maintenance of its existing facilities. | ||||||
9 | Unless otherwise specified in this Act, a governmental unit | ||||||
10 | that is involved in new construction that results in the | ||||||
11 | expansion of its facilities must utilize licensed electricians | ||||||
12 | for any associated electrical work. | ||||||
13 | (n) Electrical engineers licensed under the Professional | ||||||
14 | Engineering Practice Act of 1989 practicing in accordance with | ||||||
15 | that Act shall be exempt from this Act. | ||||||
16 | (o) Architects licensed under the Illinois Architecture | ||||||
17 | Practice Act of 1989 practicing in accordance with that Act | ||||||
18 | shall be exempt from this Act.
| ||||||
19 | (p) Any person, firm, corporation, or other legal entity | ||||||
20 | laying out, installing, maintaining, altering, or repairing | ||||||
21 | alarm, security, or communication systems and practicing in | ||||||
22 | accordance with the Private Detective, Private Alarm, Private | ||||||
23 | Security, and Locksmith Act of 2004 shall be exempt from this | ||||||
24 | Act.
| ||||||
25 | (q) Nothing in this Act shall require or be construed to | ||||||
26 | apply to the registration or licensure of any community antenna | ||||||
27 | television system franchised pursuant to Illinois law, nor any | ||||||
28 | agent or employee of any such community antenna television | ||||||
29 | system in relation to the installation, alteration, removal, | ||||||
30 | repair, servicing, or maintenance of any community antenna | ||||||
31 | television system or equipment. | ||||||
32 | (r) Nothing in this Act shall prohibit a factory-authorized | ||||||
33 | representative from installing, altering, maintaining, or | ||||||
34 | servicing a medical equipment device. This exemption shall not |
| |||||||
| |||||||
1 | include work providing electrical feeds into the power | ||||||
2 | distribution unit or installation of conduits and raceways. | ||||||
3 | This exemption shall cover only those factory engineers or | ||||||
4 | third-party service companies with equivalent training who are | ||||||
5 | qualified to perform such service. For the purposes of this | ||||||
6 | Act, "medical equipment device" includes any "medical device" | ||||||
7 | as defined in the Medical Device Amendments of 1976, as | ||||||
8 | amended, and as interpreted by the Food and Drug Administration | ||||||
9 | of the United States Office of Health and Human Services or its | ||||||
10 | successor. | ||||||
11 | (s) Nothing in this Act shall require that a maintenance | ||||||
12 | worker performing routine maintenance of electrical systems be | ||||||
13 | licensed.
| ||||||
14 | (t) The installation, alteration, maintenance, or | ||||||
15 | servicing of listed landscape lighting systems and equipment | ||||||
16 | shall be exempt from this Act, except any permanent wired | ||||||
17 | connections exceeding 30 volts.
| ||||||
18 | (u) The provisions of this Act shall not apply to the
| ||||||
19 | installation, alteration, replacement, service, or repair of | ||||||
20 | temporary outdoor decorative lighting that is connected by plug | ||||||
21 | into a permanent power source. | ||||||
22 | (v) Temporary electrical work for a transient event, | ||||||
23 | including but not limited to a carnival, circus, fair, | ||||||
24 | exhibition, stage production, motion picture production, | ||||||
25 | musical production, and theatrical production, shall be exempt | ||||||
26 | from this Act if the temporary electrical work is dismantled at | ||||||
27 | the conclusion of the event and is in compliance with all other | ||||||
28 | applicable State laws and ordinances and regulations of any | ||||||
29 | political subdivision. | ||||||
30 | Section 80. Display of license. Persons who advertise | ||||||
31 | electrical wiring
services shall, at their place of business, | ||||||
32 | display the electrician's license of at least one member of the | ||||||
33 | firm, partnership or
officer of the corporation and shall |
| |||||||
| |||||||
1 | maintain a register listing the names
and license numbers of | ||||||
2 | all licensed electricians and all registered
apprentices | ||||||
3 | currently employed by them. When advertising electrical wiring
| ||||||
4 | services, the license number shall be included in all forms of | ||||||
5 | written or
printed advertising and included with the electrical | ||||||
6 | wiring identification
of vehicles. The Office may, by rule or | ||||||
7 | regulation, require additional
information concerning licensed | ||||||
8 | electricians and
registered apprentices to be maintained in the | ||||||
9 | register. | ||||||
10 | Section 85. Safety standards. All electrical work and | ||||||
11 | electrical wiring, apparatus, and
equipment for
electric | ||||||
12 | light, heat, or power within or on a building, residence, | ||||||
13 | structure, or real property shall comply with the Minimum | ||||||
14 | Electrical Code and all applicable rules
adopted by the Office. | ||||||
15 | The Minimum Electrical Code and all applicable rules adopted by | ||||||
16 | the Office with respect to this Act shall be based on the most | ||||||
17 | recently published edition of
the National Electrical Code as | ||||||
18 | adopted by the National Fire Protection
Association, Inc. and | ||||||
19 | approved by the American National Standards
Institute, and the | ||||||
20 | National Electrical Safety Code as published by the
Institute | ||||||
21 | of Electrical and Electronics Engineers, Inc. and approved by | ||||||
22 | the
American National Standards Institute. | ||||||
23 | Nothing in this Act shall prohibit any political | ||||||
24 | subdivision from making and enforcing more stringent | ||||||
25 | requirements than those set forth in this Act and all licensed | ||||||
26 | electricians working within the jurisdiction of that political | ||||||
27 | subdivision shall comply with those requirements. Nothing in | ||||||
28 | this Act, however, shall be construed to give a political | ||||||
29 | subdivision the authority to apply its standards or | ||||||
30 | requirements to electrical work performed on a farm. | ||||||
31 | Section 90. Inspections. | ||||||
32 | (a) Except where any political subdivision has by
ordinance |
| |||||||
| |||||||
1 | provided for electrical inspection similar to that provided in
| ||||||
2 | this Act, every new electrical installation on and after July | ||||||
3 | 1, 2008 in any construction,
remodeling, replacement, or repair | ||||||
4 | shall be inspected by the Office
for compliance with accepted | ||||||
5 | standards of construction for safety to life and
property.
| ||||||
6 | (b) No such inspections shall be required for electrical | ||||||
7 | work performed by
persons exempt from licensure under Section | ||||||
8 | 70 of this Act, except that
inspections shall be required for | ||||||
9 | work performed under subsection (f) of
Section 70.
| ||||||
10 | (c) The Office may appoint or employ inspectors to be | ||||||
11 | employed on a full-time or part-time basis. All inspectors for | ||||||
12 | the Office shall hold a license as a journeyman electrician or | ||||||
13 | be certified to conduct electrical inspections by a nationally | ||||||
14 | recognized inspector certification program under the rules | ||||||
15 | adopted by the Office for the enforcement of this Act. In areas | ||||||
16 | of this State
where a sufficient number of licensed journeyman | ||||||
17 | electricians or individuals certified to conduct electrical | ||||||
18 | inspections by a nationally recognized inspector certification | ||||||
19 | program under the rules adopted by the Office for the | ||||||
20 | enforcement of this Act are not
available to the Office to | ||||||
21 | perform inspections under this Act, the
Office may designate | ||||||
22 | other persons whom it determines to be suitably
qualified by | ||||||
23 | training or experience. | ||||||
24 | Section 95. Procedures for inspection. | ||||||
25 | (a) At or before commencement of any installation required
| ||||||
26 | to be
inspected by the Office, the electrical contractor or | ||||||
27 | owner making the
installation shall submit to the Office a | ||||||
28 | request for inspection, as provided under the rules adopted by | ||||||
29 | the Office for the enforcement of this Act, together with the | ||||||
30 | fees required for the
installation. The Office, in consultation | ||||||
31 | with the Board, shall adopt rules regarding the time period for | ||||||
32 | conducting the requested inspections.
| ||||||
33 | (b) The fees required are a handling fee and an inspection |
| |||||||
| |||||||
1 | fee. The
handling fee shall be set by the Office in an amount | ||||||
2 | sufficient to pay
the cost of bringing and handling the form | ||||||
3 | requesting an inspection. The
inspection fee shall be set by | ||||||
4 | the Office in an amount sufficient to
pay the actual costs of | ||||||
5 | the inspection and the Office's costs in
administering the | ||||||
6 | inspection.
| ||||||
7 | (c) If the inspector finds that the installation is not in | ||||||
8 | compliance
with accepted standards of construction for safety | ||||||
9 | to life and property as
required by this Act, the inspector | ||||||
10 | shall, by written order, condemn the
installation or the | ||||||
11 | noncomplying portion of the installation, or order service
to | ||||||
12 | the
installation disconnected, and shall send a copy of the | ||||||
13 | order to the
Office. If the installation or the noncomplying | ||||||
14 | part will seriously
and proximately endanger human life and | ||||||
15 | property, the order of the
inspector, when approved by the | ||||||
16 | inspector's superior, shall require
immediate condemnation or | ||||||
17 | disconnection. In all other cases, the order of
the inspector | ||||||
18 | shall permit a reasonable opportunity for the installation to
| ||||||
19 | be brought into compliance with accepted standards of | ||||||
20 | construction for
safety to life and property prior to the | ||||||
21 | effective time established for
condemnation or disconnection.
| ||||||
22 | (d) Copies of each condemnation or disconnection order | ||||||
23 | shall be served
personally or by mail upon the property owner, | ||||||
24 | the electrical
contractor or electrician making the | ||||||
25 | installation, and other persons as the
Office by rule may | ||||||
26 | direct. An aggrieved party may appeal
any condemnation or | ||||||
27 | disconnection order by filing with the Office a
notice of | ||||||
28 | appeal within 10 days after (i) service upon the aggrieved | ||||||
29 | party
of the condemnation or disconnection order, if this | ||||||
30 | service is required or
(ii) filing of the order with the | ||||||
31 | Office, whichever is later.
The Office shall adopt rules | ||||||
32 | providing procedures for the conduct of
appeals, including | ||||||
33 | provisions for the stay of enforcement of the order of
the | ||||||
34 | inspector pending an appeal when justified by the |
| |||||||
| |||||||
1 | circumstances.
| ||||||
2 | (e) The inspectors of the Office shall have the authority | ||||||
3 | to enter
any building or premises at any reasonable working | ||||||
4 | hour in the discharge of their
duties, and they shall have the | ||||||
5 | authority, when necessary, to order the
removal of any existing | ||||||
6 | obstructions such as laths, plastering, boarding,
or | ||||||
7 | partitions that may prevent a proper inspection of the | ||||||
8 | electrical
installation.
| ||||||
9 | (f) No electrical installation subject to
inspection by the | ||||||
10 | Office shall be newly connected or reconnected for
use until | ||||||
11 | there is filed, with the electrical utility supplying power, a
| ||||||
12 | certificate of the property owner or licensed electrician | ||||||
13 | directing the
work that inspection has been requested and that | ||||||
14 | the conditions of the
installation are safe for energization. | ||||||
15 | In all cases
where an order of condemnation or disconnection | ||||||
16 | has been issued against the
installation or any part of the | ||||||
17 | installation, prior to connection or
reconnection, there shall | ||||||
18 | also first be filed with the electrical utility
supplying the | ||||||
19 | power a
copy of an order of the inspector or the Office | ||||||
20 | dismissing the prior
order of condemnation or disconnection or | ||||||
21 | approving the installation as
being in compliance with accepted | ||||||
22 | standards of construction for safety to
life and property. With | ||||||
23 | respect to transient projects covered by this Act, this
| ||||||
24 | certificate shall also contain a certification that the request | ||||||
25 | for
inspection has been or will be filed with the Office so as | ||||||
26 | to be
received by it at least 5 days prior to the date and time | ||||||
27 | energization
of the installation by the utility is to occur, | ||||||
28 | and that the request for
inspection states the date and time. | ||||||
29 | It shall be the responsibility of
the Office to have inspection | ||||||
30 | of the transient project occur prior to
the date and time at | ||||||
31 | which the request states energization is to occur.
| ||||||
32 | (g) Any political subdivision may make
provision for | ||||||
33 | inspection of electrical installations within its
| ||||||
34 | jurisdiction, in which case it shall keep on file with the |
| |||||||
| |||||||
1 | Office
copies of its current inspection ordinances and codes. | ||||||
2 | Any political
subdivision may require any person holding a | ||||||
3 | license from the Office
to pay any license, registration fee, | ||||||
4 | or permit fees.
Any political subdivision may provide by | ||||||
5 | ordinance a
requirement that each person doing electrical work | ||||||
6 | within the jurisdiction of the
political subdivision have on | ||||||
7 | file with the political subdivision a copy
of the current | ||||||
8 | license issued by the Office or other evidence of
the license | ||||||
9 | as may be provided by the Office. Each electrical
inspector of | ||||||
10 | any political subdivision shall hold a license as a journeyman | ||||||
11 | electrician or be certified to conduct electrical inspections | ||||||
12 | by a nationally recognized inspector certification program | ||||||
13 | under the rules adopted by the Office for the enforcement of | ||||||
14 | this Act. The political subdivision may appoint or employ | ||||||
15 | inspectors to be employed on a full-time or part-time basis. An | ||||||
16 | electrical inspector employed by a political subdivision and | ||||||
17 | engaged in the regulation and inspection of electrical wiring | ||||||
18 | activities regulated under this Act on July 1, 2008 shall be | ||||||
19 | permitted to conduct electrical inspections for 2 years from | ||||||
20 | the application date. Thereafter, the inspector must meet all | ||||||
21 | of the requirements of this Act. | ||||||
22 | Section 100. Violations. | ||||||
23 | (a) Any person violating any provision of this Act or its | ||||||
24 | rules
shall be guilty of a Class B misdemeanor
and fined a | ||||||
25 | minimum of $100 for the first offense. A second or
subsequent | ||||||
26 | violation of this Act shall be a Class A misdemeanor
with a | ||||||
27 | minimum fine of $200. Each day a violation continues | ||||||
28 | constitutes a
separate
offense. The State's Attorney of the | ||||||
29 | County in which the violation occurred
or the Attorney General | ||||||
30 | may prosecute these actions in the name of the People
of the | ||||||
31 | State of Illinois. The court may enjoin the use of electricity
| ||||||
32 | installed in violation of this Act or its rules
until it has | ||||||
33 | been corrected to comply with the National Electrical Code.
|
| |||||||
| |||||||
1 | (b) If it is established that the defendant, contrary to | ||||||
2 | this Act, has
been engaging, is engaging, or is about to engage | ||||||
3 | in electrical work without
having been
issued a license, or has | ||||||
4 | been engaging or is about to engage in electrical work
after
| ||||||
5 | his or her license has been suspended or revoked or after his | ||||||
6 | or her license
has not been
renewed, the Office may levy a | ||||||
7 | penalty not to exceed $5,000 per offense.
This penalty shall be | ||||||
8 | assessed by the Office after a hearing is held in
accordance | ||||||
9 | with the provisions set forth in Section 50 of this Act. | ||||||
10 | Section 110. Administrative Procedure Act; application. | ||||||
11 | The provisions of the Illinois Administrative Procedure Act
are | ||||||
12 | expressly adopted and shall apply to all
administrative rules | ||||||
13 | and procedures of the Office of the State Marshal under this
| ||||||
14 | Act, except that Section 5-50 of the Illinois Administrative | ||||||
15 | Procedure Act
relating to procedures for rulemaking does not | ||||||
16 | apply to the adoption of
any rule required by federal law in | ||||||
17 | connection with which the Office is
precluded by law from | ||||||
18 | exercising any discretion. | ||||||
19 | Section 115. Review under Administrative Review Law. All | ||||||
20 | final administrative decisions of the Fire Marshal under this | ||||||
21 | Act shall be
subject to judicial review under the | ||||||
22 | Administrative
Review Law and its rules. | ||||||
23 | Section 120. Home rule. A
home rule unit may not regulate | ||||||
24 | electricians and electrical contractors in a manner less | ||||||
25 | restrictive than
the regulation by the State of electricians | ||||||
26 | and electrical contractors.
This Section is a limitation under | ||||||
27 | subsection (i) of Section 6 of Article
VII of the Illinois | ||||||
28 | Constitution on the concurrent exercise by home rule
units of | ||||||
29 | powers and functions exercised by the State.
| ||||||
30 | Section 900. The Regulatory Sunset Act is amended by |
| |||||||
| |||||||
1 | changing Section
4.25 as follows:
| ||||||
2 | (5 ILCS 80/4.25)
| ||||||
3 | Sec. 4.25. Act repealed on January 1, 2015 ; Act repealed on | ||||||
4 | July 1, 2015 . | ||||||
5 | (a) The following Act is repealed on January 1, 2015:
| ||||||
6 | The Genetic Counselor Licensing Act.
| ||||||
7 | (b) The following Act is repealed on July 1, 2015: | ||||||
8 | The Electricians Licensing Act.
| ||||||
9 | (Source: P.A. 93-1041, eff. 9-29-04.) | ||||||
10 | Section 905. The State Finance Act is amended by adding | ||||||
11 | Section
5.640 as follows:
| ||||||
12 | (30 ILCS 105/5.640 new)
| ||||||
13 | Sec. 5.640. The Electricians Licensing Dedicated Fund. ".
|