SB1434 94TH GENERAL ASSEMBLY

LRB094 10892 RAS 41440 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB1434

Introduced 2/18/2005, by Sen. Terry Link

SYNOPSIS AS INTRODUCED:

New Act
5 ILCS 80/4.25
30 ILCS 105/5.640 new

Creates the Electricians Licensing Act. Provides for regulation of electricians and electrical contractors. Establishes fines for violations of the Act. Provides for concurrent exercise by home rule units. Provides that fees and fines collected under the Act shall be deposited into the Electricians Licensing Dedicated Fund, a new special fund in the State treasury, and amends the State Finance Act to list the new Fund. Amends the Regulatory Sunset Act to repeal the Electricians Licensing Act on July 1, 2015.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Electricians Licensing Act.

Section 5. Purpose and policy. The General Assembly finds that the use of improper electrical materials and the improper installation of electrical materials, including but not limited to wiring, affects the safety, health, and well-being of the public. The use of improper electrical materials and the improper installation of electrical materials can result in disastrous or deadly consequences to the public's safety and health and the destruction or damage of property. In fulfilling its responsibility to safeguard the safety and health of persons and their property, the General Assembly finds that it is necessary to establish certain minimum standards regarding the use of electrical materials and to further establish certain minimum standards regarding the knowledge, skills, and experience of persons who plan, inspect, install, alter, extend, and repair electrical materials and systems. This Act provides for the licensing of electricians and electrical contractors and for the adoption of a Minimum Electrical Code by the Office of the State Fire Marshal. This Act is therefore declared to be essential to the public interest.

Section 10. Definitions. As used in this Act:

"Apprentice" means a natural person enrolled in an apprenticeship program approved by the United States Department of Labor Bureau of Apprenticeship and Training who installs, alters, or repairs electrical wiring, apparatus, and equipment for electric heat, light, or power within or on a building, residence, structure, or real property under the supervision of a licensed electrician.

"Approved apprenticeship program" means an apprenticeship program approved by the United States Department of Labor Bureau of Apprenticeship and Training.

"Board" means the Illinois State Board of Electrical Examiners.

"Electrical contractor" means a natural or legal person or any association thereof operating a business that undertakes or offers to undertake to plan for, lay out, supervise, or install or to make additions, alterations, or repairs in the installation of electrical wiring, apparatus, and equipment for electric light, heat, or power within or on a building, residence, structure, or real property with or without compensation and who is licensed to engage in electrical contracting as an electrical contractor by the Office of the State Fire Marshal. An electrical contractor's license does not of itself qualify its holder to perform the electrical work authorized by holding any class of electrician's license.

"Electrical work" means the installation, alteration, or repair of electrical wiring, apparatus, and equipment for electric heat, light, or power within or on a building, residence, structure, or real property and the planning, laying out, or supervision of the installation, alteration, or repair of electrical wiring, apparatus, and equipment for electric heat, light, or power within or on a building, residence, structure, or real property.

"Farm" means land or a building, including but not limited to barns, livestock facilities, residences, grain storage facilities, and machine sheds, appurtenant to land that is used for production agriculture or for a purpose accessory to production agriculture.

"Fire Marshal" means the State Fire Marshal.

"Governmental unit" means the State, a school district, or a community college district or a unit of local government as defined in Article VII of the Illinois Constitution.

"Journeyman electrician" means a natural person having the necessary qualifications, training, experience, and technical knowledge to install, alter, and repair electrical wiring, apparatus, and equipment for electric light, heat, or power within or on a building, residence, structure, or real property who is licensed as a journeyman electrician by the Office of the State Fire Marshal.

"Maintenance worker" means a natural person who is a regular, bona fide employee or agent of a property owner, property lessor, property management company, or firm that is not in the electrical business, but has possession or control over the property where the routine maintenance of electrical systems is being performed.

"Office" means the Office of the State Fire Marshal.

"Owner" means a natural person who physically performs electrical work on:

(i) premises owned by the person and in which the person actually resides as a single-family residence; or

(ii) premises owned by the person and in which the person will reside as a single-family residence upon completion of construction.

"Person" means any natural or legal person or any association thereof.

"Production agriculture" has the same meaning as defined in Section 3-35 of the Service Use Tax Act.

"Residential electrical work" means the installation, alteration, or repair of electrical wiring, apparatus, or equipment and the planning, laying out, or supervision of the installation, alteration, or repair of electrical wiring, apparatus, and equipment for electrical heat, light, or power in a single-family detached residential dwelling or a multi-family residential dwelling not exceeding 8 units per building.

"Residential electrician" means a natural person having the necessary qualifications, training, experience, and technical knowledge to install, alter, or repair electrical wiring, apparatus, and equipment for electrical heat, light, or power in a single-family detached residential dwelling or a multi-family residential dwelling not exceeding 8 units per building and who is licensed as a residential electrician by the Office of the State Fire Marshal.

"Routine maintenance of electrical systems" means the routine and periodic servicing of electrical systems, including cleaning, inspecting, and making adjustments to ensure the proper operation and the removal or replacement of component parts. "Routine maintenance of electrical systems" does not include the installation of complete electrical systems.

"Supervision" means that any new electrical work done by a registered apprentice electrician must be inspected at least once after initial rough-in and once upon completion by an Illinois licensed electrician. In addition, all renovation, alteration, repair, extension, and modification work done by a registered apprentice electrician on an existing electrical system must be approved by an Illinois licensed electrician.

Section 15. Board of Electrical Examiners.

(a) There is created the Illinois State Board of Electrical Examiners which shall exercise its duties provided in this Act under the supervision of the Office of the State Fire Marshal. The Board shall consist of 13 members appointed by the Governor. The Board shall be composed of 3 licensed journeyman electricians, one licensed residential electrician, 2 licensed electrical contractors who are members of the National Electrical Contractors Association, one licensed electrical contractor who is a member of the Independent Electrical Contractors, one licensed electrical contractor who is a member of the Associated Builders and Contractors, one licensed electrical engineer, one electrical inspector who holds a journeyman electrician's license, one representative of a public utility, the State Fire Marshal or his or her designee, and a licensed real estate professional. In making the appointments to the Board, the Governor shall consider the recommendations of individuals, firms, or organizations involved in electrical wiring installation in this State. The Governor shall also take into consideration the minority representation in the population when making appointments to the Board. Members of the Board shall serve 4-year terms and until their successors are appointed and qualified. The initial appointments, however, shall be as follows: 4 members for terms of 2 years, 4 members for 3 years, and 4 members for 4 years. The State Fire Marshal's service on the Board shall be continuous. For the initial appointments of the licensed electrical contractors, licensed journeyman electricians, licensed residential electrician, and electrical inspector prior to the Board developing the rules for examination of license applicants, the Governor may appoint individuals whose qualifications are similar to those outlined in Section 25. Following the expiration of those terms, the Governor may reappoint those individuals or others only if such individuals are licensed under this Act.

(b) The Board shall aid the Fire Marshal and the Office by:

(1) recommending provisions for the Minimum Electrical Code and subsequent amendments to be adopted by the Office for all electrical work based on the standards prescribed in Section 85;

(2) recommending subject matter for examinations and the continuing education requirements as provided in this Act based on the Minimum Electrical Code;

(3) recommending standards, rules, guidelines, and procedures to approve or disapprove a course of instruction in electrical work at a college, university, or trade school to qualify for a license issued by the Office under this Act. Such standards, rules, guidelines, and procedures shall be designed to ensure that an approved course of instruction adequately provides the practical and theoretical education and training in the installation, alteration, and repair of electrical wiring, apparatus, and equipment for electric heat, light, or power within or on a building, residence, structure, or real property based on the standards prescribed in Section 85;

(4) developing, in conjunction with the Illinois Community College Board, the Illinois Board of Higher Education, and the Department of Commerce and Economic Opportunity, courses of instruction to meet the qualifications specified in this Act and that encourage the employment of minorities and females as licensed electricians and licensed electrical contractors;

(5) suggesting rules to govern examinations and hearings to deny, suspend, revoke, or reinstate licenses and assess fines as provided for in this Act;

(6) submitting recommendations to the Fire Marshal from time to time for the efficient administration of this Act; and

(7) performing other duties prescribed in this Act.

(c) Board members shall receive no compensation but shall be reimbursed for expenses incurred in connection with their duties as Board members. The Office shall provide staff and administrative support services to the Board.

Section 20. Powers and duties of the Fire Marshal. The Fire Marshal shall take all actions necessary under this Act to carry out the duties and responsibilities of the Office under this Act. The Fire Marshal, with the assistance of the Board, shall:

(a) adopt rules and regulations for examination of applicants for journeyman and residential licenses;

(b) prepare and give uniform examinations to applicants for journeyman and residential licenses that shall test their knowledge and qualifications in the planning and design of electrical systems, their knowledge, qualifications, and manual skills in electrical installations, and their knowledge of materials and methods used in electrical work according to the Minimum Electrical Code adopted by the Office;

(c) prepare and issue electrical contractor, journeyman electrician, and residential electrician licenses and license renewals to applicants who have met the requirements for licensure and complied with all the prerequisites to licensure;

(d) provide for the registration of apprentices;

(e) adopt rules for the extension of a person's temporary license based on demonstrated undue hardship or other special circumstances;

(f) adopt rules for hearings to deny, suspend, revoke, or reinstate licenses and assess fines as provided for in this Act;

(g) maintain a current record showing (i) the names and addresses of licensed electrical contractors, journeyman electricians, and residential electricians; (ii) the dates of issuance of licenses; (iii) the date and substance for the charges set forth in any hearing for denial, suspension, or revocation of any license; (iv) the date and substance of the final order issued upon a hearing; and (v) the date and substance of all petitions for reinstatement of license and final orders on petitions;

(h) establish and collect fees for the examination, issuance, and renewal of licenses;

(i) adopt rules for and provide for the inspection of new electrical installations in construction, remodeling, replacement, or repair work, where required by this Act;

(j) establish and collect fees for the handling and inspection of new electrical installations;

(k) adopt standards, rules, guidelines, and procedures to approve or disapprove a course of instruction in electrical work at a college, university, or trade school to qualify for a license issued by the Office under this Act, and approve or disapprove such courses of instruction by reference to compliance or noncompliance with such standards, rules, guidelines, or procedures. Such standards, rules, guidelines, or procedures shall be designed to ensure that an approved course of instruction adequately provides the practical and theoretical education and training in the installation, alteration, and repair of electrical wiring, apparatus, and equipment for electric heat, light, or power within or on a building, residence, structure, or real property based on the standards prescribed in Section 85;

(l) work with the Board, the Illinois Community College Board, the Illinois Board of Higher Education, and the Department of Commerce and Economic Opportunity to develop courses of instruction to meet the qualifications specified in this Act and that encourage the employment of minorities and females as licensed electricians and licensed electrical contractors;

(m) cause investigations to be made when the Office has reasonable grounds for believing that a violation of any provision of this Act or rules adopted pursuant to this Act has occurred or is occurring;

(n) conduct inspections during regular working hours, the purpose of which shall be reduced to writing, to determine satisfactory compliance with this Act and rules adopted pursuant to this Act, after consent of the person, licensee, or registrant has been obtained or after an order for such inspection has been issued by the court;

(o) assess administrative fines, which shall be established by the Office by rule against a licensee for violation of any provision of this Act or rules adopted pursuant to this Act;

(p) adopt, publish, and from time to time, amend the Minimum Electrical Code for all electrical work based on the standards prescribed in Section 85 after consideration of the recommendations of the Illinois State Board of Electrical Examiners;

(q) adopt any rules necessary for the administration and enforcement of this Act; and

(r) perform other duties prescribed in this Act.

Section 25. License and registration.

(a) On or after July 1, 2008, except as otherwise provided by this Act, no person shall perform electrical work unless the person is:

(1) licensed by the Office as a journeyman or residential electrician;

(2) an apprentice registered with the Office; or

(3) licensed as an electrical contractor.

(b) Journeyman electrician. An applicant for a journeyman electrician's license shall meet one of the following conditions: (i) the completion of an approved apprenticeship program, (ii) the successful completion of a course of instruction in electrical work, under the rules adopted by the Office for the enforcement of this Act, at a college, university, or trade school, or (iii) the completion of at least 8,000 hours of verifiable experience performing electrical work obtained over a period of not less than 4 years, as provided under the rules adopted by the Office for the enforcement of this Act.

A person practicing as an electrician on the effective date of this Act with 8,000 hours of verifiable experience performing electrical work obtained over a period of not less than 4 years, as provided under the rules adopted by the Office for the enforcement of this Act, who files a license application with the Office on or before July 1, 2008 and meets all the other requirements of this Act shall be granted a temporary journeyman electrician's license without examination. The temporary journeyman electrician's license shall be valid for 2 years from the date of issuance. The Office shall require an annual fee. As a condition of renewal, the licensee shall pass the examination specified in Section 30 for all journeyman electrician applicants but shall not be required to meet the specified continuing education requirements while holding a temporary journeyman electrician's license. Nothing shall prevent the holder of a temporary license from taking the required examination prior to the expiration of the temporary license. A journeyman electrician holding a temporary license may petition the Office for an extension of a one-year period in the event he or she can demonstrate undue hardship or other special circumstances.

(c) Registered apprentice. On or after July 1, 2008, a person who is enrolled in an approved apprenticeship program may perform electrical work only under the supervision of a licensed electrician. All apprentices shall be registered with the Office. The Office shall provide the apprentice with a verification of his or her registration.

(d) Residential electrician. An applicant for a residential electrician's license shall meet one of the following conditions: (i) the completion of an approved apprenticeship program in residential wiring for a single-family detached residential dwelling or multi-family residential dwelling or its equivalent, (ii) the successful completion of a course of instruction in electrical work, under the rules adopted by the Office for the enforcement of this Act, at a college, university, or trade school, or (iii) the completion of at least 6,000 hours of verifiable experience performing residential electrical work obtained over a period of not less than 3 years, as provided under the rules adopted by the Office for the enforcement of this Act.

A person practicing as an electrician on the effective date of this Act with at least 6,000 hours of verifiable experience performing residential electrical work obtained over a period of not less than 3 years, as provided under the rules adopted by the Office for the enforcement of this Act, and having the necessary qualifications, training, and technical knowledge, as provided under the rules adopted for the enforcement of this Act, involving residential electrical work, who files a license application with the Office on or before July 1, 2008 and meets all the other requirements of this Act shall be granted a temporary residential electrician's license without examination. The temporary residential electrician's license shall be valid for 2 years from the date of issuance. The Office shall require an annual fee. As a condition of renewal, the licensee shall pass the exam specified in Section 30 for all residential electrician applicants but shall not be required to meet the specified continuing education requirements while holding a temporary residential electrician's license. Nothing shall prevent the holder of a temporary license from taking the required examination prior to the expiration of the temporary license. A residential electrician holding a temporary license may petition the Office for an extension of a one-year period in the event he or she can demonstrate undue hardship or other special circumstances.

(e) Contractors.

(1) On or after July 1, 2008, except as otherwise provided by law, no person shall operate as an electrical contractor without employing a licensed journeyman electrician with 6 years of experience performing electrical work, who shall be responsible for the performance of all electrical work in accordance with this Act. All employees of the electrical contractor performing electrical work shall be licensed journeyman electricians, licensed residential electricians, or apprentices registered with the Office. A residential electrician employed by such an electrical contractor may not perform any non-residential electrical work. This paragraph (1) shall not apply to electrical contractors performing only residential electrical work.

(2) On or after July 1, 2008, except as otherwise provided by law, no person performing only residential electrical work shall operate as an electrical contractor without employing a licensed residential electrician with 4 years of experience performing residential electrical work, who shall be responsible for the performance of all electrical work in accordance with this Act. All employees of an electrical contractor performing only residential electrical work shall be licensed journeyman electricians, licensed residential electricians, or apprentices registered with the Office.

(3) The application for an electrical contractor's license shall include a verified statement that the designated responsible electrician is a full-time employee of the applicant. For the purposes of this Section, a full-time employee of a applicant for an electrical contractor's license is an individual who is not employed in any capacity as a licensed electrician by any other electrical contractor.

(4) An electrical contractor in business on the effective date of this Act who files a license application with the Office on or before July 1, 2008 and meets all the other requirements of this Act shall be granted a temporary electrical contractor's license pursuant to other provisions of this Act, which shall be valid for 2 years from the date of issuance. The Office shall require an annual fee. Thereafter, an electrical contractor shall comply with all of the requirements of this Act. An electrical contractor holding a temporary license may petition the Office for an extension of a one-year period in the event he or she can demonstrate undue hardship or other special circumstances. An electrical contractor holding a temporary license must employ a licensed journeyman electrician or, in the case of an electrical contractor performing only residential electrical work, a licensed residential electrician who shall be responsible for the performance of all electrical work in accordance with this Act.

(5) An electrical contractor giving bond to the State in an amount to be determined by the Office and meeting all other requirements of this Act shall be issued a licensed by the Office. The bond shall be filed with the Office and shall be in lieu of all other license bonds to any political subdivision. The bond shall be written by any corporate entity licensed to do business in the State of Illinois.

(6) Each licensed electrical contractor shall have and maintain in effect insurance. Specific insurance requirements and minimum limits per occurrence shall be determined by the Office in consultation with the Board. The insurance shall be written by an insurer licensed to do business in the State of Illinois and each licensed electrical contractor shall maintain on file with the Office a certificate evidencing insurance that provides that the insurance shall not be cancelled without the insurer first giving 15 days written notice to the Office of the cancellation.

(7) A licensed electrical contractor shall notify the Office when the licensed electrician required to conduct or supervise the work of the electrical contractor is unavailable due to death or incapacitation. The licensed electrical contractor may request that the Office issue a temporary license to persons certified by the licensed electrical contractor to have an acceptable combination of documented experience and education to conduct or supervise electrical work or residential electrical work. The Office shall adopt rules for issuing a temporary license under such circumstances. Any person certified by a licensed electrical contractor to have an acceptable combination of documented experience and education to conduct or supervise electrical work or residential electrical work shall immediately seek a temporary license from the Office and shall pay such fee as the Office shall determine. Each temporary license shall state, on its face, that it is valid (i) for a period of 30 days from the date of issuance and (ii) while employed by the licensed electrical contractor that certified that the individual was qualified. The temporary license shall be renewable as long as the shortage of license holders shall continue.

(f) The Office shall adopt rules for determining whether an applicant's work experience meets the requirements for licensure under this Act.

Section 30. Examination; continuing education.

(a) In addition to other requirements imposed by this Act and except as otherwise provided in this Act, as a precondition to the issuance of an electrician's license, each applicant must pass a written examination given by the Office for the type of license sought to insure the competence of each license applicant. No person failing an examination for a license classification may retake the examination for that classification for 3 months from the date of failure of the examination.

(b) As a condition of renewal, the Office shall require each licensee to complete a minimum number of hours of continuing education. The continuing education requirement shall not exceed 8 hours of classroom instruction during a 12-month period. The Office shall adopt rules on the curricula for the continuing education requirement. A licensee shall provide to the Office evidence of completing the continuing education requirement. The Office shall approve any continuing education programs and by rule any means for verification of the continuing education requirement.

Section 40. Expiration of license; fees.

(a) Unless otherwise specified in this Act, all licenses issued under this Act shall expire every year in a manner as provided by the Office. Application, renewal, and all other fees provided for in this Act shall be adopted by the Office by rule.

(b) Any licensee failing to renew his or her license for 2 years or more after its expiration shall retake the required examination specified in Section 30 before he or she is issued a new license.

(c) The Office shall reinstate a license that expires while a licensee is in active military service of the United States upon application to the Office by the licensee within 2 years after termination of the military service, payment of the annual license fee, and submission of evidence of the military service. The license shall be reinstated without examination or completion of the continuing education requirement specified in Section 30 and without payment of the lapsed renewal fee.

(d) All fees and fines collected under this Act shall be deposited into the Electricians Licensing Dedicated Fund, which is hereby created as a special fund in the State treasury. The Office and Board may utilize moneys in this fund for the administration of this Act.

Section 45. Grounds for discipline. The Office may by order deny, suspend, revoke, or refuse to renew a license, or may censure a licensee if it finds that it is in the public interest to do so and that the applicant or licensee:

(1) has filed an application for a license that contains any statement that, in light of the circumstances under which it is made, is false or misleading with respect to any material fact;

(2) has engaged in any fraudulent, deceptive, or dishonest practice;

(3) has been convicted within the past 5 years of a misdemeanor involving a violation of this Act; or

(4) has violated or failed to comply with this Act or its rules or any order issued under this Act. A violation need not be willful.

The Office may adopt rules further specifying the grounds for suspension, revocation, and refusal to renew a license and establishing standards of conduct for licensees.

Section 50. Denial, revocation, or suspension of license; assessment of a civil administrative fine.

(a) The Fire Marshal, after notice and opportunity for hearing to the applicant or license holder, may deny, suspend, or revoke a license or assess a civil administrative fine for cause. For the purposes of this Section, "cause" means a violation of any provision of this Act or any rule adopted pursuant to this Act.

(b) Notice shall be provided by certified mail or by personal service setting forth the particular reasons for the proposed action and fixing a date, not less than 15 days from the date of the mailing or service, within which time the applicant or license holder must request in writing a hearing. Failure to serve upon the Office a request for hearing in writing within the time provided in the notice shall constitute a waiver of the person's right to an administrative hearing.

(c) The hearing shall be conducted by the Fire Marshal or by an individual designated in writing by the Fire Marshal as an administrative law judge to conduct the hearing. The Fire Marshal or administrative law judge shall give written notice of the time and place of the hearing, by certified mail or personal service, to the applicant or license holder at least 10 days prior to the hearing. On the basis of the hearing, or upon default of the applicant or license holder, the Fire Marshal shall make a determination specifying his or her findings and conclusions. A copy of the determination shall be sent by certified mail or served personally upon the applicant, license holder, or registrant. The decision of the Fire Marshal shall be final on issues of fact and final in all respects unless judicial review is sought as provided in this Act.

(d) The procedure governing hearings authorized by this Section shall be in accordance with rules adopted by the Office. A full and complete record shall be kept of all proceedings, including the notice of hearing, complaint, and all other documents in the nature of pleadings, written motions filed in the proceedings, and the report and orders of the Fire Marshal and administrative law judge.

(e) The Office at its expense shall provide a court reporter to take testimony. Technical error in the proceedings before the Fire Marshal or administrative law judge or their failure to observe the technical rules of evidence shall not be grounds for the reversal of any administrative decision, unless it appears to the court that such error or failure materially affects the rights of any party and results in substantial injustice to them.

(f) The Fire Marshal or administrative law judge may compel the attendance of witnesses and the production of books, papers, records, or memoranda.

(g) The Office shall not be required to certify any record to the court or file any answer in court or otherwise appear in any court in a judicial review proceeding, unless there is filed in the court with the complaint a receipt from the Office acknowledging payment of the costs of furnishing and certifying the record. Such costs shall be paid by the party requesting a copy of the record. Failure on the part of the person requesting a copy of the record to pay the costs shall be grounds for dismissal of the action.

Section 55. Nonpayment of taxes. The Office may refuse to issue or may suspend the license of any person who fails (i) to file a federal or State tax return, (ii) to pay the tax, penalty, or interest shown in a filed return, or (iii) to pay any final assessment of tax, penalty, or interest, as required by any tax Act administered by the Illinois Office of Revenue, until the time the requirements of the tax Act are satisfied.

Section 65. Reciprocity. The Office may grant a license, without examination, of the same grade and class to an electrician who has been licensed by any other state that provides for the licensing of electricians in a similar manner. The license may be granted for one year upon payment by the applicant of the required fee and upon the Office being furnished with proof that the qualifications of the applicant are equal to the qualifications of Section 25 of this Act. The licensee may renew a license issued pursuant to this Section if the licensee meets all the requirements for renewal of a license under this Act.

Section 70. Exemptions.

(a) Employees of, or independent contractors performing work for, any electric utility or electric utility affiliate, independent electric power generator, public utility as defined in Section 3-105 of the Public Utilities Act, generating station or generating unit of an electric utility as described in Section 16-102 of the Public Utilities Act, communications or railway utility, electric system owned and operated by a municipal corporation or governmental unit (notwithstanding any other provision of this Act), electric cooperative as defined in Section 3.4 of the Electric Supplier Act, telephone or telecommunications cooperative as defined in Section 13-212 of the Public Utilities Act, or a telecommunications carrier as defined in Section 13-202 of the Public Utilities Act or its affiliate or co-generation facilities shall be exempt from the provisions of this Act while performing work on installations, materials, or equipment that are owned or leased, operated, serviced, or maintained by the electric utility or electric utility affiliate, independent electric power generator, public utility, generating station or generating unit of an electric utility, communications or railway utility, electric system owned and operated by a municipal corporation or governmental unit, electric cooperative, telephone or telecommunications cooperative, or telecommunications carrier or its affiliate or co-generation facilities in the exercise of its utility or telephone function, and that (i) are used exclusively for the generation, transformation, distribution, transmission, or metering of electric current, or the operation of railway signals, traffic signals, or street lights, or the transmission of intelligence and do not have as a principal function the consumption or use of electric current by or for the benefit of any person other than the electric utility or electric utility affiliate, independent electric power generator, public utility, generating station or generating unit of an electric utility, communications or railway utility, electric system owned and operated by a municipal corporation or governmental unit, electric, telephone, or telecommunications cooperative, or telecommunications carrier or its affiliate or their end users and (ii) are generally accessible only to employees of the electric utility or electric utility affiliate, independent electric power generator, public utility, generating station or generating unit of an electric utility, communications or railway utility, electric system owned and operated by a municipal corporation or governmental unit, electric, telephone, or telecommunications cooperative, or telecommunications carrier or its affiliate or persons acting under its control or direction. Persons performing work subcontracted out to an electrical contractor or other contractors, however, shall be in compliance with the requirements of this Act.

(b) Contractors employing pipefitters, sprinkler fitters, licensed plumbers, or sheet metal workers performing modification, service, maintenance, retro fit, or warranty work in plumbing, heating, sprinkler fitting, irrigation, ventilation, air conditioning, refrigeration (HVACR) systems, instrumentation, control work, or stress relieving shall be exempt from this Act. For the installation or replacement of equipment in the HVACR industry, modifications to the external power wiring to the equipment is exempt. The installation of wiring for irrigation when being installed by a registered or licensed irrigation worker shall be exempt from this Act. Persons performing work subcontracted out to an electrical contractor or other contractors, however, shall be in compliance with the requirements of this Act.

(c) Employees of contractors performing construction or maintenance work on any transmission or distribution lines owned, leased, operated and maintained by the utilities described in subsection (a) shall be exempt from the provisions and licensing requirements of this Act, and employees of contractors performing construction or maintenance work on any transmission lines owned, leased, operated, and maintained by an independent transmission company, system, or entity approved by the Federal Energy Regulatory Commission and the Illinois Commerce Commission shall be exempt from this Act.

(d) Employees of contractors performing construction or maintenance work on highway lighting or street lighting owned, leased, operated, and maintained by governmental units and their departments and political subdivisions shall be exempt from this Act.

(e) Employees of contractors performing construction or maintenance work on traffic signals owned, leased, operated, and maintained by a governmental unit and its departments and political subdivisions shall be exempt from this Act, provided that these employees are Traffic Signal Level II certified under the International Municipal Sign Association (IMSA).

(f) An owner shall not be required to hold a license under this Act. Nevertheless, electrical work performed by an owner shall comply with the minimum standards contained in the National Electrical Code and any additional standards or requirements established by a political subdivision and shall be subject to inspection by the Office. Unless otherwise specified in this Act, an owner shall not employ anyone other than an electrician licensed under this Act to assist him or her.

(g) Any city, village, or incorporated town having a population of 500,000 or more may, by an ordinance containing provisions substantially the same as those in this Act and specifying educational or experience requirements equivalent to those prescribed in the Act, provide for a board of electrical examiners to conduct examinations for, and to issue, suspend, or revoke, electricians' licenses within the city, village, or incorporated town. Upon the enactment of such an ordinance, the provisions of this Act shall not apply within that municipality except as otherwise provided in this Act. Any person licensed as an electrician under the local ordinance, or licensed by the Office under this Act, shall meet the requirements to perform electrical work anywhere in this State.

(h) Nothing in this Act shall be construed to prevent an owner or operator of a farm or his or her employees from installing, making additions to, altering, maintaining, or repairing wiring, apparatus, or equipment for electric light, heat, or power on the farm that he or she owns or operates.

(i) Employees of a manufacturing corporation that engage in activities normally requiring licensure under this Act shall be exempt when such activities are pursuant to the operation or maintenance of its existing business and facilities. Persons performing work subcontracted out to an electrical contractor or other contractor, however, shall be in compliance with the requirements of this Act.

(j) The minor repair of existing electrical systems does not require licensure under this Act. For the purposes of this subsection, "minor repair" means repairs to existing electrical systems that do not require a permit to be issued under any local ordinance.

(k) The provisions of this Act shall not apply to the installation, replacement, service, or repair of household products, including but not limited to audio and video equipment, appliances, fans, garbage disposals, and garage door openers by a business entity that may be engaged in the retail sale of consumer products.

(l) Any person, firm, or company licensed under and performing work in accordance with the Elevator Safety and Regulation Act shall be exempt from this Act.

(m) Employees of a governmental unit that engage in activities normally requiring licensure under this Act shall be exempt when such activities are pursuant to their normal duties in the operation or maintenance of its existing facilities. Unless otherwise specified in this Act, a governmental unit that is involved in new construction that results in the expansion of its facilities must utilize licensed electricians for any associated electrical work.

(n) Electrical engineers licensed under the Professional Engineering Practice Act of 1989 practicing in accordance with that Act shall be exempt from this Act.

(o) Architects licensed under the Illinois Architecture Practice Act of 1989 practicing in accordance with that Act shall be exempt from this Act.

(p) Any person, firm, corporation, or other legal entity laying out, installing, maintaining, altering, or repairing alarm, security, or communication systems and practicing in accordance with the Private Detective, Private Alarm, Private Security, and Locksmith Act of 2004 shall be exempt from this Act.

(q) Nothing in this Act shall require or be construed to apply to the registration or licensure of any community antenna television system franchised pursuant to Illinois law, nor any agent or employee of any such community antenna television system in relation to the installation, alteration, removal, repair, servicing, or maintenance of any community antenna television system or equipment.

(r) Nothing in this Act shall prohibit a factory-authorized representative from installing, altering, maintaining, or servicing a medical equipment device. This exemption shall not include work providing electrical feeds into the power distribution unit or installation of conduits and raceways. This exemption shall cover only those factory engineers or third-party service companies with equivalent training who are qualified to perform such service. For the purposes of this Act, "medical equipment device" includes any "medical device" as defined in the Medical Device Amendments of 1976, as amended, and as interpreted by the Food and Drug Administration of the United States Office of Health and Human Services or its successor.

(s) Nothing in this Act shall require that a maintenance worker performing routine maintenance of electrical systems be licensed.

(t) The installation, alteration, maintenance, or servicing of listed landscape lighting systems and equipment shall be exempt from this Act, except any permanent wired connections exceeding 30 volts.

(u) The provisions of this Act shall not apply to the installation, alteration, replacement, service, or repair of temporary outdoor decorative lighting that is connected by plug into a permanent power source.

(v) Temporary electrical work for a transient event, including but not limited to a carnival, circus, fair, exhibition, stage production, motion picture production, musical production, and theatrical production, shall be exempt from this Act if the temporary electrical work is dismantled at the conclusion of the event and is in compliance with all other applicable State laws and ordinances and regulations of any political subdivision.

Section 80. Display of license. Persons who advertise electrical wiring services shall, at their place of business, display the electrician's license of at least one member of the firm, partnership or officer of the corporation and shall maintain a register listing the names and license numbers of all licensed electricians and all registered apprentices currently employed by them. When advertising electrical wiring services, the license number shall be included in all forms of written or printed advertising and included with the electrical wiring identification of vehicles. The Office may, by rule or regulation, require additional information concerning licensed electricians and registered apprentices to be maintained in the register.

Section 85. Safety standards. All electrical work and electrical wiring, apparatus, and equipment for electric light, heat, or power within or on a building, residence, structure, or real property shall comply with the Minimum Electrical Code and all applicable rules adopted by the Office. The Minimum Electrical Code and all applicable rules adopted by the Office with respect to this Act shall be based on the most recently published edition of the National Electrical Code as adopted by the National Fire Protection Association, Inc. and approved by the American National Standards Institute, and the National Electrical Safety Code as published by the Institute of Electrical and Electronics Engineers, Inc. and approved by the American National Standards Institute.

Nothing in this Act shall prohibit any political subdivision from making and enforcing more stringent requirements than those set forth in this Act and all licensed electricians working within the jurisdiction of that political subdivision shall comply with those requirements. Nothing in this Act, however, shall be construed to give a political subdivision the authority to apply its standards or requirements to electrical work performed on a farm.

Section 90. Inspections.

(a) Except where any political subdivision has by ordinance provided for electrical inspection similar to that provided in this Act, every new electrical installation on and after July 1, 2008 in any construction, remodeling, replacement, or repair shall be inspected by the Office for compliance with accepted standards of construction for safety to life and property.

(b) No such inspections shall be required for electrical work performed by persons exempt from licensure under Section 70 of this Act, except that inspections shall be required for work performed under subsection (f) of Section 70.

(c) The Office may appoint or employ inspectors to be employed on a full-time or part-time basis. All inspectors for the Office shall hold a license as a journeyman electrician or be certified to conduct electrical inspections by a nationally recognized inspector certification program under the rules adopted by the Office for the enforcement of this Act. In areas of this State where a sufficient number of licensed journeyman electricians or individuals certified to conduct electrical inspections by a nationally recognized inspector certification program under the rules adopted by the Office for the enforcement of this Act are not available to the Office to perform inspections under this Act, the Office may designate other persons whom it determines to be suitably qualified by training or experience.

Section 95. Procedures for inspection.

(a) At or before commencement of any installation required to be inspected by the Office, the electrical contractor or owner making the installation shall submit to the Office a request for inspection, as provided under the rules adopted by the Office for the enforcement of this Act, together with the fees required for the installation. The Office, in consultation with the Board, shall adopt rules regarding the time period for conducting the requested inspections.

(b) The fees required are a handling fee and an inspection fee. The handling fee shall be set by the Office in an amount sufficient to pay the cost of bringing and handling the form requesting an inspection. The inspection fee shall be set by the Office in an amount sufficient to pay the actual costs of the inspection and the Office's costs in administering the inspection.

(c) If the inspector finds that the installation is not in compliance with accepted standards of construction for safety to life and property as required by this Act, the inspector shall, by written order, condemn the installation or the noncomplying portion of the installation, or order service to the installation disconnected, and shall send a copy of the order to the Office. If the installation or the noncomplying part will seriously and proximately endanger human life and property, the order of the inspector, when approved by the inspector's superior, shall require immediate condemnation or disconnection. In all other cases, the order of the inspector shall permit a reasonable opportunity for the installation to be brought into compliance with accepted standards of construction for safety to life and property prior to the effective time established for condemnation or disconnection.

(d) Copies of each condemnation or disconnection order shall be served personally or by mail upon the property owner, the electrical contractor or electrician making the installation, and other persons as the Office by rule may direct. An aggrieved party may appeal any condemnation or disconnection order by filing with the Office a notice of appeal within 10 days after (i) service upon the aggrieved party of the condemnation or disconnection order, if this service is required or (ii) filing of the order with the Office, whichever is later. The Office shall adopt rules providing procedures for the conduct of appeals, including provisions for the stay of enforcement of the order of the inspector pending an appeal when justified by the circumstances.

(e) The inspectors of the Office shall have the authority to enter any building or premises at any reasonable working hour in the discharge of their duties, and they shall have the authority, when necessary, to order the removal of any existing obstructions such as laths, plastering, boarding, or partitions that may prevent a proper inspection of the electrical installation.

(f) No electrical installation subject to inspection by the Office shall be newly connected or reconnected for use until there is filed, with the electrical utility supplying power, a certificate of the property owner or licensed electrician directing the work that inspection has been requested and that the conditions of the installation are safe for energization. In all cases where an order of condemnation or disconnection has been issued against the installation or any part of the installation, prior to connection or reconnection, there shall also first be filed with the electrical utility supplying the power a copy of an order of the inspector or the Office dismissing the prior order of condemnation or disconnection or approving the installation as being in compliance with accepted standards of construction for safety to life and property. With respect to transient projects covered by this Act, this certificate shall also contain a certification that the request for inspection has been or will be filed with the Office so as to be received by it at least 5 days prior to the date and time energization of the installation by the utility is to occur, and that the request for inspection states the date and time. It shall be the responsibility of the Office to have inspection of the transient project occur prior to the date and time at which the request states energization is to occur.

(g) Any political subdivision may make provision for inspection of electrical installations within its jurisdiction, in which case it shall keep on file with the Office copies of its current inspection ordinances and codes. Any political subdivision may require any person holding a license from the Office to pay any license, registration fee, or permit fees. Any political subdivision may provide by ordinance a requirement that each person doing electrical work within the jurisdiction of the political subdivision have on file with the political subdivision a copy of the current license issued by the Office or other evidence of the license as may be provided by the Office. Each electrical inspector of any political subdivision shall hold a license as a journeyman electrician or be certified to conduct electrical inspections by a nationally recognized inspector certification program under the rules adopted by the Office for the enforcement of this Act. The political subdivision may appoint or employ inspectors to be employed on a full-time or part-time basis. An electrical inspector employed by a political subdivision and engaged in the regulation and inspection of electrical wiring activities regulated under this Act on July 1, 2008 shall be permitted to conduct electrical inspections for 2 years from the application date. Thereafter, the inspector must meet all of the requirements of this Act.

Section 100. Violations.

(a) Any person violating any provision of this Act or its rules shall be guilty of a Class B misdemeanor and fined a minimum of $100 for the first offense. A second or subsequent violation of this Act shall be a Class A misdemeanor with a minimum fine of $200. Each day a violation continues constitutes a separate offense. The State's Attorney of the County in which the violation occurred or the Attorney General may prosecute these actions in the name of the People of the State of Illinois. The court may enjoin the use of electricity installed in violation of this Act or its rules until it has been corrected to comply with the National Electrical Code.

(b) If it is established that the defendant, contrary to this Act, has been engaging, is engaging, or is about to engage in electrical work without having been issued a license, or has been engaging or is about to engage in electrical work after his or her license has been suspended or revoked or after his or her license has not been renewed, the Office may levy a penalty not to exceed $5,000 per offense. This penalty shall be assessed by the Office after a hearing is held in accordance with the provisions set forth in Section 50 of this Act.

Section 110. Administrative Procedure Act; application. The provisions of the Illinois Administrative Procedure Act are expressly adopted and shall apply to all administrative rules and procedures of the Office of the State Marshal under this Act, except that Section 5-50 of the Illinois Administrative Procedure Act relating to procedures for rulemaking does not apply to the adoption of any rule required by federal law in connection with which the Office is precluded by law from exercising any discretion.

Section 115. Review under Administrative Review Law. All final administrative decisions of the Fire Marshal under this Act shall be subject to judicial review under the Administrative Review Law and its rules.

Section 120. Home rule. A home rule unit may not regulate electricians and electrical contractors in a manner less restrictive than the regulation by the State of electricians and electrical contractors. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

Section 900. The Regulatory Sunset Act is amended by changing Section 4.25 as follows:

(5 ILCS 80/4.25)

Sec. 4.25. Act repealed on January 1, 2015; Act repealed on July 1, 2015.

(a) The following Act is repealed on January 1, 2015:

The Genetic Counselor Licensing Act.

(b) The following Act is repealed on July 1, 2015:

The Electricians Licensing Act.

(Source: P.A. 93-1041, eff. 9-29-04.)

Section 905. The State Finance Act is amended by adding Section 5.640 as follows:

(30 ILCS 105/5.640 new)

Sec. 5.640. The Electricians Licensing Dedicated Fund.