Full Text of HB1004 93rd General Assembly
HB1004sam002 93RD GENERAL ASSEMBLY
|
Sen. Terry Link
Filed: 5/18/2004
|
|
09300HB1004sam002 |
|
LRB093 05702 AMC 51288 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 1004
| 2 |
| AMENDMENT NO. ____ . Amend House Bill 1004 by replacing | 3 |
| everything after
the enacting clause with the following:
| 4 |
| "Section 1. Short title. This Act may be cited as the | 5 |
| Electricians
Licensing
Act.
| 6 |
| Section 5. Purpose and policy. It has been established by | 7 |
| documented
evidence that improper electrical wiring can | 8 |
| adversely affect the well
being of the public. Improper | 9 |
| electrical wiring can cause fires due to
short circuits and | 10 |
| overloading of protection devices. Faulty wiring is
| 11 |
| potentially lethal and can cause widespread fires with | 12 |
| disastrous
consequences to persons and property. To protect the | 13 |
| health of the public,
it is essential that electrical wiring be | 14 |
| installed by persons who have
proven their
skill in installing | 15 |
| electrical wiring.
| 16 |
| Consistent with its duty to safeguard the health of the | 17 |
| people of this
State, the General Assembly declares that | 18 |
| individuals who plan,
inspect, install, alter, extend, repair, | 19 |
| and maintain electrical wiring
systems shall be individuals of | 20 |
| proven skill. Further, the General
Assembly declares that a | 21 |
| guide for minimum control of electrical materials
and | 22 |
| equipment, the design of electrical systems, and the | 23 |
| construction and
installation methods of electrical systems is | 24 |
| essential for the protection
of public health. In order to |
|
|
|
09300HB1004sam002 |
- 2 - |
LRB093 05702 AMC 51288 a |
|
| 1 |
| insure proper electrical wiring practice,
this Act provides for | 2 |
| the licensing of electricians and electrical
contractors and | 3 |
| for the adoption of the National Electrical Code as
standards | 4 |
| by the Department. This Act is therefore declared to be | 5 |
| essential
to the public interest. | 6 |
| Section 10. Definitions. As used in this Act: | 7 |
| "Approved apprenticeship program" means an apprenticeship | 8 |
| program approved by
the United States Department of Labor | 9 |
| Bureau of Apprenticeship and Training.
| 10 |
| "Board" means the Illinois State Board of Electrical | 11 |
| Examiners.
| 12 |
| "Department" means the Illinois Department of Labor.
| 13 |
| "Director" means the Director of the Illinois Department of | 14 |
| Labor.
| 15 |
| "Electrical contractor" means a person, firm, or | 16 |
| corporation operating a
business that undertakes or offers to | 17 |
| undertake to plan for, lay out,
supervise, or install or to | 18 |
| make additions, alterations, maintenance, or
repairs in the
| 19 |
| installation of wiring, apparatus, and equipment for electric | 20 |
| light, heat, or
power with or without compensation and who is | 21 |
| licensed as an electrical
contractor by the Department of | 22 |
| Labor. An electrical contractor's license
does not of itself | 23 |
| qualify its holder to perform the electrical work
authorized by | 24 |
| holding any class of electrician's license.
| 25 |
| "Electrical work" means the wiring, installation, | 26 |
| maintenance, and
repair of electrical wiring, apparatus, and | 27 |
| equipment and the
planning, laying out, and supervision of the | 28 |
| installation,
maintenance, and repair of such wiring, | 29 |
| apparatus, and equipment for
electric heat, light, or
power.
| 30 |
| "Governmental unit" means the State, a school district, | 31 |
| community college district, or unit of local government as | 32 |
| defined in Article VII of the Illinois Constitution.
| 33 |
| "Journeyman electrician" means a person having the |
|
|
|
09300HB1004sam002 |
- 3 - |
LRB093 05702 AMC 51288 a |
|
| 1 |
| necessary
qualifications, training, experience, and technical | 2 |
| knowledge to wire for,
install, maintain, and repair electrical | 3 |
| wiring, apparatus, and equipment for electric light, heat, or | 4 |
| power who
is
licensed as a journeyman electrician by the | 5 |
| Department of Labor.
| 6 |
| "Master electrician" means a person having the necessary | 7 |
| qualifications,
training, experience, and technical knowledge | 8 |
| to install, maintain, and repair
and to
properly plan, lay out, | 9 |
| and supervise the installation of wiring,
apparatus, and | 10 |
| equipment for electric light, heat, or power who is licensed as | 11 |
| a master electrician by the Department of Labor.
| 12 |
| "Owner" means a natural person who physically performs | 13 |
| electrical work on
premises the person owns and actually | 14 |
| occupies as a
single family
residence or owns and
will occupy | 15 |
| as a single family residence upon completion of construction.
| 16 |
| "Registered apprentice" means a person registered with the
| 17 |
| Department of
Labor, who is learning the trade under
the | 18 |
| supervision of a
licensed electrician.
| 19 |
| "Residential electrician" means a person having the | 20 |
| necessary
qualifications, training, experience, and technical | 21 |
| knowledge involving the
construction, wiring, alteration, | 22 |
| maintenance, or repair of a single-family
detached residential | 23 |
| dwelling or a multi-family dwelling not exceeding 8 units per | 24 |
| building and who is
licensed as a residential electrician by | 25 |
| the Department of Labor.
| 26 |
| "Supervision" means that any new electrical work done by a | 27 |
| registered
apprentice electrician must be inspected at least | 28 |
| once after initial
rough-in and once upon completion by
an | 29 |
| Illinois licensed electrician. In addition, all renovation, | 30 |
| alteration,
repair, extension, modification, and maintenance | 31 |
| work done by a registered
apprentice electrician on an existing | 32 |
| electrical system must be approved by
an Illinois licensed | 33 |
| electrician. |
|
|
|
09300HB1004sam002 |
- 4 - |
LRB093 05702 AMC 51288 a |
|
| 1 |
| Section 15. Board of Electrical Examiners. There is created | 2 |
| the Illinois
State Board of Electrical
Examiners which shall | 3 |
| exercise its duties provided in this Act under the
supervision | 4 |
| of the Department of Labor. The Board shall consist of 11
| 5 |
| members appointed by the Director of Labor. The Board shall be | 6 |
| composed of
3 licensed master electricians, 3 licensed | 7 |
| electrical contractors who are
members of the National | 8 |
| Electrical Contractors Association, one licensed
electrical | 9 |
| engineer, one electrical inspector who holds a master or | 10 |
| journeyman electrician's license, one representative of a | 11 |
| public utility, the
State Fire Marshal or his or her designee, | 12 |
| and a licensed real estate professional. In making the
| 13 |
| appointments to the Board, the Director shall consider the | 14 |
| recommendations
of individuals, firms, or organizations | 15 |
| involved in electrical
wiring installation in this State. The | 16 |
| Director shall also take into
consideration the minority | 17 |
| representation in the population when making
appointments to | 18 |
| the Board.
Members of the Board shall serve 4 year terms
and | 19 |
| until their successors are appointed and qualified. The initial
| 20 |
| appointments, however, shall be as follows: 3 members for terms | 21 |
| of 2 years, 3
members for 3 years, and 4 members for 4 years. | 22 |
| The State Fire Marshal's
service on the Board shall be | 23 |
| continuous. For the initial appointments of the licensed | 24 |
| electrical contractors, licensed master electricians, and | 25 |
| electrical inspector prior to the Board developing the rules | 26 |
| for examination of license applicants, the Director may appoint | 27 |
| individuals whose qualifications are similar to those outlined | 28 |
| in subsection (a) of Section 25. Following the expiration of | 29 |
| those terms, the Director may reappoint those individuals or | 30 |
| others only if such individuals are licensed under this Act. | 31 |
| Board members shall
receive no compensation but shall be | 32 |
| reimbursed for expenses incurred in
connection with their | 33 |
| duties as Board members. |
|
|
|
09300HB1004sam002 |
- 5 - |
LRB093 05702 AMC 51288 a |
|
| 1 |
| Section 20. Powers and duties of the Director. The Director | 2 |
| shall take all
actions necessary under this Act to carry out | 3 |
| the duties and responsibilities
of the Department under this | 4 |
| Act. The Director, with the assistance of the
Board, shall:
| 5 |
| (a) prepare and issue licenses and provide for | 6 |
| registration as provided in
this Act;
| 7 |
| (b) prescribe rules and regulations for examination of | 8 |
| applicants for
master, journeyman, and residential | 9 |
| licenses;
| 10 |
| (c) prepare and give uniform
examinations to | 11 |
| applicants for master, journeyman, and
residential | 12 |
| licenses that shall test their knowledge and | 13 |
| qualifications
in the planning and design of electrical | 14 |
| systems, their knowledge,
qualifications, and manual | 15 |
| skills in electrical installations, and their
knowledge of | 16 |
| the National Electrical Code relating to materials, | 17 |
| design,
and installation of methods of electrical systems;
| 18 |
| (d) issue electrical contractor and master, | 19 |
| journeyman, and residential
licenses and license renewals | 20 |
| to applicants who have met the requirements for
licensure | 21 |
| and complied with all the prerequisites to licensure;
| 22 |
| (e) prescribe rules for hearings to deny, suspend, | 23 |
| revoke, or reinstate
licenses as provided in this Act;
| 24 |
| (f) maintain a current record showing (i) the names and | 25 |
| addresses of
licensed electrical contractors, master, | 26 |
| journeyman, and residential
electricians, and registered
| 27 |
| apprentices; (ii) the dates of issuance of licenses; (iii) | 28 |
| the date and
substance for the charges set forth in any | 29 |
| hearing for denial, suspension,
or revocation of any | 30 |
| license; (iv) the date and substance of the final order
| 31 |
| issued upon a hearing; and (v) the date and substance of | 32 |
| all petitions
for reinstatement of license and final orders | 33 |
| on petitions;
| 34 |
| (g) establish and collect fees for the examination, |
|
|
|
09300HB1004sam002 |
- 6 - |
LRB093 05702 AMC 51288 a |
|
| 1 |
| issuance, and renewal
of licenses;
| 2 |
| (h) provide for the inspection of new electrical | 3 |
| installations in
construction, remodeling, replacement, | 4 |
| maintenance, and repair work, where
required by this Act;
| 5 |
| (i) establish and collect fees for the handling and | 6 |
| inspection of new
electrical installations; and
| 7 |
| (j) formulate and publish rules necessary or | 8 |
| appropriate to carrying out
the provisions of this Act.
| 9 |
| Section 25. License and registration. | 10 |
| (a) Master electrician. On or after July 1, 2005, except as | 11 |
| otherwise provided by law, no person
shall plan, install, | 12 |
| repair, maintain, lay out, or supervise
the installation of
| 13 |
| wiring, apparatus, or equipment for electrical light, heat, or | 14 |
| power unless:
| 15 |
| (1) the person is licensed by the Department as a | 16 |
| master electrician; or
| 17 |
| (2) the work is for a licensed electrical contractor | 18 |
| and the person is
the licensed electrical contractor or an | 19 |
| employee, partner, or officer of
the licensed electrical | 20 |
| contractor, or the work is performed for the person's
| 21 |
| employer
on electrical equipment, apparatus, or facilities | 22 |
| owned or leased by the
employer that is located within the | 23 |
| limits of property owned or leased,
operated, and | 24 |
| maintained by the employer.
| 25 |
| An applicant for a master electrician's license shall (i)
| 26 |
| have a Bachelor of Science degree from an accredited electrical | 27 |
| engineering
program and have had at least one year's | 28 |
| job-related experience,
acceptable to the Board; (ii) have had
| 29 |
| at least 5 years experience, acceptable to the Board, in | 30 |
| planning for,
laying out, supervising, and installing wiring, | 31 |
| apparatus, or equipment for
electrical light, heat, and power; | 32 |
| or (iii) have had at least 6 years
experience, acceptable to | 33 |
| the Board, with an electrical contracting company
in planning,
|
|
|
|
09300HB1004sam002 |
- 7 - |
LRB093 05702 AMC 51288 a |
|
| 1 |
| estimating,
laying out, and supervising, under the
supervision
| 2 |
| of a licensed master electrician or licensed electrical | 3 |
| contractor, the installation of electrical work for
electric | 4 |
| light, heat, or power.
| 5 |
| (b) Journeyman electrician. On or after July 1, 2005, | 6 |
| except as otherwise provided by law, no
person shall wire for, | 7 |
| install, maintain, or repair electrical wiring,
apparatus, or
| 8 |
| equipment for electric light, heat, or power, unless the person | 9 |
| is licensed by the Department as a journeyman
electrician | 10 |
| employed by a licensed electrical contractor.
Nothing in this | 11 |
| subsection (b), however, shall prohibit a master
electrician | 12 |
| from performing the work of a journeyman electrician.
| 13 |
| An applicant for a journeyman electrician's license shall | 14 |
| have had at
least 5 years of experience, acceptable to the | 15 |
| Board, in wiring for,
installing, and repairing electrical | 16 |
| wiring, apparatus, or equipment.
The Department may by rule | 17 |
| provide
for the allowance of one year of experience credit for | 18 |
| successful
completion of a 2 year post high school electrical | 19 |
| course approved by
the Board.
| 20 |
| (c) Registered apprentice. On or after July 1, 2005, a | 21 |
| person who is enrolled in an approved
apprenticeship program | 22 |
| may perform electrical work only under the
supervision of a | 23 |
| licensed electrician. All apprentices shall be registered with
| 24 |
| the Department.
| 25 |
| (d) Residential electrician. On or after July 1, 2005, | 26 |
| except as otherwise provided by law, no
person shall construct, | 27 |
| wire, alter, maintain, or repair a single-family
detached | 28 |
| residential dwelling or multi-family dwelling not exceeding 8 | 29 |
| units per building unless the person is licensed by the
| 30 |
| Department as a residential electrician employed by a licensed | 31 |
| electrical
contractor. Nothing in this subsection (d), | 32 |
| however, shall prohibit a
master electrician or journeyman | 33 |
| electrician from performing the work of a
residential | 34 |
| electrician.
|
|
|
|
09300HB1004sam002 |
- 8 - |
LRB093 05702 AMC 51288 a |
|
| 1 |
| An applicant for a residential electrician's license shall | 2 |
| have had at
least 4 years of experience, acceptable to the | 3 |
| Board, in having the
necessary qualifications, training, and | 4 |
| technical knowledge involving the
construction, wiring, | 5 |
| alteration, or repair of a single-family detached residential | 6 |
| dwelling or multi-family dwelling. The Department may by rule | 7 |
| provide
for the
allowance of one year of experience credit for | 8 |
| successful completion of a 2
year post high school electrical | 9 |
| course approved by the Board.
| 10 |
| (e) Contractors. On or after July 1, 2005, except as | 11 |
| otherwise provided by law, no person other
than an employee of | 12 |
| a licensed electrical contractor as defined
in this Act
shall | 13 |
| undertake or offer to undertake to plan for, lay out,
| 14 |
| supervise, or install or to make additions,
alterations,
or | 15 |
| repairs in the installation of, or to maintain, wiring | 16 |
| apparatus and
equipment for
electrical light, heat, or power | 17 |
| with or without compensation unless the
person obtains an | 18 |
| electrical contractor's license. An electrical
contractor's | 19 |
| license shall be
issued by the Department upon the contractor's | 20 |
| giving bond to the State in
an amount to be determined by the | 21 |
| Department.
The bond shall be
filed with the Department and | 22 |
| shall be in lieu of all other license bonds
to any political | 23 |
| subdivision. The bond shall be written by a corporate
surety | 24 |
| licensed to do business in the State of Illinois.
| 25 |
| Each licensed electrical contractor shall have and | 26 |
| maintain in effect
insurance. Specific insurance requirements | 27 |
| and minimum limits per occurrence
shall be determined by the | 28 |
| Department in consultation with the Board.
The insurance shall | 29 |
| be written by an insurer licensed to do business in the
State | 30 |
| of Illinois and each licensed electrical contractor shall | 31 |
| maintain on
file with the Department a certificate evidencing | 32 |
| insurance that provides
that the insurance shall not be | 33 |
| cancelled without the insurer first giving
15 days written | 34 |
| notice to the Department of the cancellation.
|
|
|
|
09300HB1004sam002 |
- 9 - |
LRB093 05702 AMC 51288 a |
|
| 1 |
| On or after July 1, 2005, no contractor shall engage in the | 2 |
| business of electrical contracting unless he or she is or has | 3 |
| in his or
her employ
a licensed master electrician, who shall | 4 |
| be responsible for the performance
of all electrical work in | 5 |
| accordance with the requirements of this Act.
The application | 6 |
| for an
electrical contractor's license must include a verified | 7 |
| statement that the
designated responsible master electrician | 8 |
| is a full time employee of the
individual, partnership, or | 9 |
| corporation applying for an electrical
contractor's license. | 10 |
| For purposes of this Section, a full time
employee of a | 11 |
| licensed electrical contractor is an individual who is not
| 12 |
| employed in any capacity as a licensed electrician by any other | 13 |
| electrical
contractor.
| 14 |
| (f) The Department shall prepare guidelines as to what work | 15 |
| experience
qualifies in determining whether an applicant meets | 16 |
| the requirements for
licensure under the Act. The Board has | 17 |
| discretion in determining whether any
particular applicant's | 18 |
| experience shall count toward the experience necessary
for | 19 |
| licensure under this Act.
| 20 |
| Section 30. Examination. In addition to other requirements | 21 |
| imposed by
this Act and except as otherwise provided in this | 22 |
| Act, as a precondition to
issuance of an electrician's license, | 23 |
| each applicant must pass a written
examination given by the | 24 |
| Department for the type of license sought to
insure the | 25 |
| competence of each applicant for license. No person failing an
| 26 |
| examination may retake it for 6 months, but may, within 6 | 27 |
| months, take an
examination for a lesser grade of license. Any | 28 |
| licensee failing to renew
his or her license for 2 years or | 29 |
| more after its expiration shall be required
to
retake the | 30 |
| examination before he or she is issued a new license. As a | 31 |
| condition of renewal, the Department shall require each | 32 |
| licensee to complete a
minimum number of hours of continuing | 33 |
| education. The continuing education shall not exceed 16 hours |
|
|
|
09300HB1004sam002 |
- 10 - |
LRB093 05702 AMC 51288 a |
|
| 1 |
| of classroom instruction during a 24-month period. The | 2 |
| Department shall establish by rule the curricula for the | 3 |
| continuing education requirement. A licensee shall provide to | 4 |
| the Department evidence of completing the continuing education | 5 |
| requirement. The Department shall approve any continuing | 6 |
| education programs and by rule any means for verification of | 7 |
| the continuing education requirement. | 8 |
| Section 35. Military exemption. The Department shall
| 9 |
| reinstate a license that
expires while a licensee is in active | 10 |
| Military Service
of the United States
upon application to the | 11 |
| Department by the licensee within 2 years
after termination of | 12 |
| the military service, payment of
the annual license
fee, and | 13 |
| submission of evidence of the military service.
The license
| 14 |
| shall be reinstated without examination and without payment of | 15 |
| the lapsed
renewal fee. | 16 |
| Section 40. Expiration of license; fees. | 17 |
| (a)
All licenses issued under this Act shall expire
every 2 | 18 |
| years in a manner as provided by the Department. Application, | 19 |
| renewal, and
all other fees provided for in this Act shall be | 20 |
| established by the Department
by rule.
| 21 |
| (b) All fees and fines collected under this Act shall be | 22 |
| deposited into the Electricians Licensing Dedicated Fund, | 23 |
| which is hereby created as a special fund the State treasury. | 24 |
| The Department and Board may utilize moneys in this fund for | 25 |
| the administration of this Act.
| 26 |
| Section 45. Grounds for discipline. The Department
may
by | 27 |
| order deny, suspend, revoke, or refuse to renew a license, or | 28 |
| may
censure a licensee if it finds that it is in the public | 29 |
| interest to do so
and that the applicant or licensee:
| 30 |
| | 31 |
| (a) has filed an application for a license that
contains |
|
|
|
09300HB1004sam002 |
- 11 - |
LRB093 05702 AMC 51288 a |
|
| 1 |
| any statement that, in light of the
circumstances under which | 2 |
| it is made, is false or misleading with respect
to any material | 3 |
| fact;
| 4 |
| (b) has engaged in any fraudulent, deceptive, or dishonest | 5 |
| practice;
| 6 |
| (c) has been convicted within the past 5 years of a | 7 |
| misdemeanor
involving a violation of this Act; or
| 8 |
| (d) has violated or failed to comply with this Act or its | 9 |
| rules
or any order issued under this Act. A violation need not | 10 |
| be willful.
| 11 |
| The Department may adopt rules further specifying the | 12 |
| grounds for suspension,
revocation, and refusal to renew a | 13 |
| license and establishing standards of
conduct for licensees. | 14 |
| Section 50. Hearing procedure. | 15 |
| (a) The Board, may upon its own motion,
investigate the
| 16 |
| actions of any person holding or claiming to hold a license if | 17 |
| there is reason
to believe such person has engaged or is | 18 |
| engaging in activity that constitutes
grounds for discipline | 19 |
| under Section 45 of this Act.
| 20 |
| (b) The Board shall, at least 10 days prior to the date set | 21 |
| for the hearing
and before refusing to issue or renew, suspend, | 22 |
| or revoke any
license,
notify the
applicant
or holder of the | 23 |
| license, in writing, of any charges made, and shall afford him
| 24 |
| or her an
opportunity to be heard in person or by counsel.
The | 25 |
| notice
may be served by personal delivery to the accused person | 26 |
| or
by registered mail to the last place of business specified | 27 |
| by the
accused person in the notification to the Agency.
| 28 |
| (c) At the time and place fixed in the notice, the Board | 29 |
| shall proceed to
the hearing of the charges and both the | 30 |
| accused person and the complainant
shall be accorded ample | 31 |
| opportunity to present, in person or by counsel, any
statement, | 32 |
| testimony, evidence, or argument that may be pertinent to the
| 33 |
| charges
or to any defense against the charges. The Board may |
|
|
|
09300HB1004sam002 |
- 12 - |
LRB093 05702 AMC 51288 a |
|
| 1 |
| continue the hearing from
time to
time. If the Board is not | 2 |
| sitting at the time and place to which the hearing
has
been | 3 |
| continued, the Department may continue the hearing for a period | 4 |
| not to
exceed 30 days, and all parties in interest shall be | 5 |
| given notice in writing
of the
date and hour to which the | 6 |
| hearing has been continued and the place at which
it
is to be | 7 |
| held. | 8 |
| Section 55. Nonpayment of taxes. The Department may refuse | 9 |
| to issue or may
suspend the license of any person
who fails (i) | 10 |
| to file a federal or State tax return, (ii) to pay the tax,
| 11 |
| penalty, or interest shown
in
a filed return, or (iii) to pay | 12 |
| any final assessment of tax, penalty, or
interest,
as required | 13 |
| by any tax Act administered by the Illinois Department of
| 14 |
| Revenue, until the time the requirements of the tax Act are | 15 |
| satisfied. | 16 |
| Section 60. Continuation of business by estates. Upon the | 17 |
| death of a
master electrician who is an electrical contractor, | 18 |
| the Department may
permit the decedent's representative to
| 19 |
| carry on the business of the decedent for a period not in | 20 |
| excess of one year,
for the purpose of completing work under | 21 |
| contract or otherwise to
comply with this Act. The decedent's | 22 |
| representative may petition the Board
for an extension of the | 23 |
| one-year period in the event he or she can demonstrate
undue | 24 |
| hardship or other special circumstances. The extension may be | 25 |
| granted at
the recommendation of the Board, subject to | 26 |
| Department approval. The
representative shall give any bond as | 27 |
| the
Department may require conditioned upon the faithful and | 28 |
| lawful performance
of the work. The bond shall be for the | 29 |
| benefit of persons injured or
suffering financial loss by | 30 |
| reason of failure of performance. The
bond shall be written by | 31 |
| a corporate surety licensed to do business in the
State of | 32 |
| Illinois. The decedent's representative shall also comply with |
|
|
|
09300HB1004sam002 |
- 13 - |
LRB093 05702 AMC 51288 a |
|
| 1 |
| all
public
liability and property damage insurance | 2 |
| requirements imposed by this
Act upon a licensed electrical | 3 |
| contractor.
| 4 |
| Section 65. Reciprocity. The Department
may grant a | 5 |
| license, without examination, of the same grade and class to an
| 6 |
| electrician who has been licensed by any other state that | 7 |
| provides for the
licensing of electricians in a similar manner. | 8 |
| The license may be granted for
at least 2 years, upon payment | 9 |
| by the applicant of the required fee and upon the
Department | 10 |
| being furnished with proof that the qualifications of the
| 11 |
| applicant are equal to the qualifications of Section 25 of this | 12 |
| Act. | 13 |
| Section 70. Exemptions. | 14 |
| (a) Employees of, or independent contractors performing | 15 |
| work for, any
electric utility or electric utility affiliate, | 16 |
| independent electric power generator, public utility as | 17 |
| defined in Section 3-105 of the Public Utilities Act, | 18 |
| generating station or generating unit of an electric utility as | 19 |
| described in Section 16-102 of the Public Utilities Act, | 20 |
| communications or railway
utility, electric system owned and
| 21 |
| operated by a municipal corporation or governmental unit | 22 |
| (notwithstanding any other provision of this Act), electric | 23 |
| cooperative as
defined in Section 3.4 of the Electric Supplier | 24 |
| Act, telephone or
telecommunications cooperative as defined in | 25 |
| Section 13-212 of the Public
Utilities Act, or a | 26 |
| telecommunications carrier as defined in Section 13-202 of the | 27 |
| Public Utilities Act or its affiliate or co-generation | 28 |
| facilities shall not be required to hold a license
while | 29 |
| performing work on installations, materials, or equipment
that | 30 |
| are owned or leased, operated, serviced, or maintained by the | 31 |
| electric utility or
electric utility affiliate, independent | 32 |
| electric power generator, public utility, generating station |
|
|
|
09300HB1004sam002 |
- 14 - |
LRB093 05702 AMC 51288 a |
|
| 1 |
| or generating unit of an electric utility, communications or | 2 |
| railway utility, electric system
owned and operated by a | 3 |
| municipal corporation or governmental unit,
electric | 4 |
| cooperative, telephone or telecommunications cooperative, or | 5 |
| telecommunications carrier or its affiliate or co-generation | 6 |
| facilities in the exercise of its utility or telephone | 7 |
| function, and that (i) are used
exclusively for the generation, | 8 |
| transformation,
distribution, transmission, or metering of | 9 |
| electric current, or the
operation of railway signals, traffic | 10 |
| signals, or street lights, or the transmission of intelligence | 11 |
| and do
not have as a principal function the consumption or use | 12 |
| of electric current
by or for the benefit of any person other | 13 |
| than 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 their end users | 20 |
| and (ii) are generally accessible only to employees of the
| 21 |
| electric utility or electric utility affiliate, independent | 22 |
| electric power generator, public utility, generating station | 23 |
| or generating unit of an electric utility, communications or | 24 |
| railway
utility, electric system owned and operated by a | 25 |
| municipal corporation or
governmental unit, electric, | 26 |
| telephone, or telecommunications
cooperative, or | 27 |
| telecommunications carrier or its affiliate or persons acting | 28 |
| under its control or
direction. Persons performing work | 29 |
| subcontracted out to an electrical contractor or other | 30 |
| contractors, however, shall be in compliance with the licensure
| 31 |
| requirements of this Act.
| 32 |
| (b) Contractors employing pipefitters, sprinkler fitters, | 33 |
| licensed plumbers, or sheet metal workers performing | 34 |
| modification, service, maintenance, retro fit, or warranty |
|
|
|
09300HB1004sam002 |
- 15 - |
LRB093 05702 AMC 51288 a |
|
| 1 |
| work in plumbing, heating, sprinkler fitting, irrigation, | 2 |
| ventilation, air conditioning, refrigeration (HVACR) systems, | 3 |
| instrumentation, control work, or stress relieving is exempt | 4 |
| from this Act. For the installation or replacement of equipment | 5 |
| in the HVACR industry, modifications to the external power | 6 |
| wiring to the equipment is exempt. The installation of wiring | 7 |
| for irrigation when being installed by a registered or licensed | 8 |
| irrigation worker shall be exempt from this Act. Persons | 9 |
| performing work subcontracted out to an electrical contractor | 10 |
| or other contractors, however, shall be in compliance with the | 11 |
| licensure requirements of this Act. | 12 |
| (c) Employees of contractors performing construction or | 13 |
| maintenance work on any transmission or distribution lines | 14 |
| owned, leased, operated and maintained by the utilities | 15 |
| described in subsection (a) shall be exempt from the provisions | 16 |
| and licensing requirements of this Act, and employees of | 17 |
| contractors performing construction or maintenance work on any | 18 |
| transmission lines owned, leased, operated, and maintained by | 19 |
| an independent transmission company, system, or entity | 20 |
| approved by the Federal Energy Regulatory Commission and the | 21 |
| Illinois Commerce Commission shall be exempt from this Act. | 22 |
| (d) Employees of contractors performing construction or | 23 |
| maintenance work on highway lighting or street lighting owned, | 24 |
| leased, operated, and maintained by governmental units and | 25 |
| their departments and political subdivisions shall be exempt | 26 |
| from this Act. | 27 |
| (e) Employees of contractors performing construction or | 28 |
| maintenance work on traffic signals owned, leased, operated, | 29 |
| and maintained by a governmental unit and its departments and | 30 |
| political subdivisions shall be exempt from this Act, provided | 31 |
| that these employees are Traffic Signal Level II certified | 32 |
| under the International Municipal Sign Association (IMSA). | 33 |
| (f) An owner shall not be required to hold a license under
| 34 |
| this Act. Nevertheless, electrical work performed by an owner |
|
|
|
09300HB1004sam002 |
- 16 - |
LRB093 05702 AMC 51288 a |
|
| 1 |
| shall comply
with the minimum standards contained in the | 2 |
| National Electrical Code and shall
be subject to inspection by | 3 |
| the Department. An owner shall not employ
anyone other than an | 4 |
| electrician licensed under this Act to assist him or her.
| 5 |
| (g) Any city, village, or incorporated town having a | 6 |
| population of
500,000 or more may, by an ordinance containing | 7 |
| provisions substantially
the same as those in this Act and | 8 |
| specifying educational or experience
requirements equivalent | 9 |
| to those prescribed in the Act, provide for a board
of | 10 |
| electrical examiners to conduct examinations for, and to issue,
| 11 |
| suspend, or revoke, electricians' licenses within the city, | 12 |
| village, or
incorporated town. Upon the enactment of such an | 13 |
| ordinance, the provisions of
this Act shall not apply within | 14 |
| that municipality except as otherwise
provided in this Act. Any | 15 |
| person
licensed as an electrician under the local ordinance, or | 16 |
| licensed by the
Department under this Act, shall meet the | 17 |
| requirements to perform electrical work anywhere in this State.
| 18 |
| (h) Nothing in this Act shall be construed to prevent an | 19 |
| owner or operator
of a farm or his or her employees from | 20 |
| installing, making additions to,
altering, maintaining, or
| 21 |
| repairing wiring, apparatus, or equipment for electric light, | 22 |
| heat, or power on
the farm that he or she owns or operates. For | 23 |
| purposes of this subsection,
"farm" means land or a building | 24 |
| appurtenant to land that is used for an
agricultural purpose or | 25 |
| for a purpose accessory to an agriculture purpose.
| 26 |
| (i) Employees of a manufacturing corporation
that engage in | 27 |
| activities normally requiring licensure under this Act shall be
| 28 |
| exempt when such activities are pursuant to the operation or | 29 |
| maintenance of
its existing business and facilities. Persons | 30 |
| performing work subcontracted out to an electrical contractor | 31 |
| or other contractor, however, shall be in compliance with the | 32 |
| licensure requirements of this Act.
| 33 |
| (j) The minor repair of existing electrical systems does | 34 |
| not require
licensure under this Act. For the purposes of this |
|
|
|
09300HB1004sam002 |
- 17 - |
LRB093 05702 AMC 51288 a |
|
| 1 |
| subsection, "minor repair"
means repairs to existing | 2 |
| electrical systems that do not require a permit to be
issued | 3 |
| under any local ordinance. | 4 |
| (k) The provisions of this Act shall not apply to the | 5 |
| installation, replacement, service, or repair of household | 6 |
| products, including but not limited to audio and video | 7 |
| equipment, appliances, fans, garbage disposals, and garage | 8 |
| door openers by a business entity that may be engaged in the | 9 |
| retail sale of consumer products.
| 10 |
| (l) Any person, firm, or company licensed under and | 11 |
| performing work in accordance with the Elevator Safety and | 12 |
| Regulation Act shall be exempt from this Act. | 13 |
| (m) Employees of a governmental unit that engage in | 14 |
| activities normally requiring licensure under this Act are | 15 |
| exempt when such activities are incidental to the operation or | 16 |
| maintenance of its existing facilities. Unless otherwise | 17 |
| specified in this Act, a governmental unit that is involved in | 18 |
| new construction that results in the expansion of its | 19 |
| facilities must utilize licensed electricians for any | 20 |
| associated electrical work. | 21 |
| (n) Electrical engineers licensed under the Professional | 22 |
| Engineering Practice Act of 1989 practicing in accordance with | 23 |
| that Act shall be exempt from this Act. | 24 |
| (o) Architects licensed under the Illinois Architecture | 25 |
| Practice Act of 1989 practicing in accordance with that Act | 26 |
| shall be exempt from this Act.
| 27 |
| (p) Any person, firm, corporation, or other legal entity | 28 |
| laying out, installing, maintaining, or repairing alarm, | 29 |
| security, or communication systems and practicing in | 30 |
| accordance with the Private Detective, Private Alarm, Private | 31 |
| Security, and Locksmith Act of 2004 shall be exempt from this | 32 |
| Act.
| 33 |
| Section 80. Display of license. Persons who advertise |
|
|
|
09300HB1004sam002 |
- 18 - |
LRB093 05702 AMC 51288 a |
|
| 1 |
| electrical wiring
services shall, at their place of business, | 2 |
| display the master
electrician's license of at least one member | 3 |
| of the firm, partnership or
officer of the corporation and | 4 |
| shall maintain a register listing the names
and license numbers | 5 |
| of all licensed electricians and all registered
apprentices | 6 |
| currently employed by them. When advertising electrical wiring
| 7 |
| services, the license number shall be included in all forms of | 8 |
| written or
printed advertising and included with the electrical | 9 |
| wiring identification
of vehicles. The Department may, by rule | 10 |
| or regulation, require additional
information concerning | 11 |
| licensed electricians and
registered apprentices to be | 12 |
| maintained in the register. | 13 |
| Section 85. Safety standards. All electrical wiring, | 14 |
| apparatus, and
equipment for
electric light, heat, or power | 15 |
| shall comply with all applicable rules
of the Department of | 16 |
| Labor and shall be installed in conformity
with accepted | 17 |
| standards of construction for safety to life and property.
For | 18 |
| the purposes of this Act, the regulations and safety standards | 19 |
| stated
at the time the work is designed in the then most | 20 |
| recently published edition of
the National Electrical Code as | 21 |
| adopted by the National Fire Protection
Association, Inc. and | 22 |
| approved by the American National Standards
Institute, and the | 23 |
| National Electrical Safety Code as published by the
Institute | 24 |
| of Electrical and Electronics Engineers, Inc. and approved by | 25 |
| the
American National Standards Institute, shall be prima facie | 26 |
| evidence of
accepted standards of construction for safety to | 27 |
| life and property. | 28 |
| Nothing in this Act shall prohibit any political | 29 |
| subdivision from making and enforcing more stringent | 30 |
| requirements than those set forth in this Act and all licensed | 31 |
| electricians working within the jurisdiction of that political | 32 |
| subdivision shall comply with those requirements. Nothing in | 33 |
| this Act, however, shall be construed to give a political |
|
|
|
09300HB1004sam002 |
- 19 - |
LRB093 05702 AMC 51288 a |
|
| 1 |
| subdivision the authority to apply its standards or | 2 |
| requirements to electrical work performed on a farm. For the | 3 |
| purposes of this Section, "farm" means land or a building | 4 |
| appurtenant to land that is used for an agricultural purpose or | 5 |
| for a purpose accessory to an agricultural purpose. | 6 |
| Section 90. Inspections. | 7 |
| (a) Except where any political subdivision has by
ordinance | 8 |
| provided for electrical inspection similar to that provided in
| 9 |
| this Act, every new electrical installation on and after July | 10 |
| 1, 2005 in any construction,
remodeling, replacement, or repair | 11 |
| shall be inspected by the Department
for compliance with | 12 |
| accepted standards of construction for safety to life and
| 13 |
| property.
| 14 |
| (b) No such inspections shall be required for electrical | 15 |
| work performed by
persons exempt from licensure under Section | 16 |
| 70 of this Act, except that
inspections shall be required for | 17 |
| work performed under subsection (f) of
Section 70.
| 18 |
| (c) All inspectors for the Department shall hold licenses | 19 |
| as master or
journeyman electricians under this Act, except | 20 |
| that in areas of this State
where a sufficient number of master | 21 |
| or journeyman electricians are not
available to the Department | 22 |
| to perform inspections under this Act, the
Department may | 23 |
| designate other persons whom it determines to be suitably
| 24 |
| qualified by training or experience. | 25 |
| Section 95. Procedures for inspection. | 26 |
| (a) At or before commencement of any installation required
| 27 |
| to be
inspected by the Department, the electrical contractor or | 28 |
| owner making the
installation shall submit to the Department a | 29 |
| request for inspection, in a
form prescribed by the Department, | 30 |
| together with the fees required for the
installation.
| 31 |
| (b) The fees required are a handling fee and an inspection | 32 |
| fee. The
handling fee shall be set by the Department in an |
|
|
|
09300HB1004sam002 |
- 20 - |
LRB093 05702 AMC 51288 a |
|
| 1 |
| amount sufficient to pay
the cost of bringing and handling the | 2 |
| form requesting an inspection. The
inspection fee shall be set | 3 |
| by the Department in an amount sufficient to
pay the actual | 4 |
| costs of the inspection and the Department's costs in
| 5 |
| administering the inspection.
| 6 |
| (c) If the inspector finds that the installation is not in | 7 |
| compliance
with accepted standards of construction for safety | 8 |
| to life and property as
required by this Act, the inspector | 9 |
| shall, by written order, condemn the
installation or the | 10 |
| noncomplying portion of the installation, or order service
to | 11 |
| the
installation disconnected, and shall send a copy of the | 12 |
| order to the
Department. If the installation or the | 13 |
| noncomplying part will seriously
and proximately endanger | 14 |
| human life and property, the order of the
inspector, when | 15 |
| approved by the inspector's superior, shall require
immediate | 16 |
| condemnation or disconnection. In all other cases, the order of
| 17 |
| the inspector shall permit a reasonable opportunity for the | 18 |
| installation to
be brought into compliance with accepted | 19 |
| standards of construction for
safety to life and property prior | 20 |
| to the effective time established for
condemnation or | 21 |
| 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
Department by rule may | 26 |
| direct. An aggrieved party may appeal
any condemnation or | 27 |
| disconnection order by filing with the Department 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 |
| Department, whichever is later.
The Department shall adopt | 32 |
| rules providing procedures for the conduct of
appeals, | 33 |
| including provisions for the stay of enforcement of the order | 34 |
| of
the inspector pending an appeal when justified by the |
|
|
|
09300HB1004sam002 |
- 21 - |
LRB093 05702 AMC 51288 a |
|
| 1 |
| circumstances.
| 2 |
| (e) The inspectors of the Department shall have the | 3 |
| authority to enter
any building or premises at any reasonable | 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 |
| Department shall be newly connected or reconnected for
use | 11 |
| until there is filed, with the electrical utility supplying | 12 |
| power, a
certificate of the property owner or licensed | 13 |
| electrician directing the
work that inspection has been | 14 |
| requested and that the conditions of the
installation are safe | 15 |
| for energization. In all cases
where an order of condemnation | 16 |
| or disconnection has been issued against the
installation or | 17 |
| any part of the installation, prior to connection or
| 18 |
| reconnection, there shall also first be filed with the | 19 |
| electrical utility
supplying the power a
copy of an order of | 20 |
| the inspector or the Department dismissing the prior
order of | 21 |
| condemnation or disconnection or approving the installation as
| 22 |
| being in compliance with accepted standards of construction for | 23 |
| safety to
life and property. With respect to transient | 24 |
| projects, this
certificate shall also contain a certification | 25 |
| that the request for
inspection has been or will be filed with | 26 |
| the Department so as to be
received by it at least 5 days prior | 27 |
| to the date and time energization
of the installation by the | 28 |
| utility is to occur, and that the request for
inspection states | 29 |
| the date and time. It shall be the responsibility of
the | 30 |
| Department to have inspection of the transient project occur | 31 |
| prior to
the date and time at which the request states | 32 |
| energization is to occur.
| 33 |
| (g) Any political subdivision may make
provision for | 34 |
| inspection of electrical installations within its
|
|
|
|
09300HB1004sam002 |
- 22 - |
LRB093 05702 AMC 51288 a |
|
| 1 |
| jurisdiction, in which case it shall keep on file with the | 2 |
| Department
copies of its current inspection ordinances and | 3 |
| codes. Any political
subdivision may require any individual, | 4 |
| partnership, corporation, or other
business association | 5 |
| holding a license from the Department
to pay any license, | 6 |
| registration fee, or permit fees.
Any political subdivision may | 7 |
| provide by ordinance a
requirement that each individual, | 8 |
| partnership, corporation, or other
business association doing | 9 |
| electrical work within the jurisdiction of the
political | 10 |
| subdivision have on file with the political subdivision a copy
| 11 |
| of the current license issued by the Department or other | 12 |
| evidence of
the license as may be provided by the Department. | 13 |
| Each electrical
inspector of any political subdivision shall | 14 |
| hold a license as a master or journeyman electrician under this | 15 |
| Act. An electrical inspector employed by a political | 16 |
| subdivision and engaged in the regulation and inspection of | 17 |
| electrical wiring activities regulated under this Act on July | 18 |
| 1, 2005 shall be permitted to conduct electrical inspections | 19 |
| for 2 years from the application date. Thereafter, the | 20 |
| inspector must meet all of the requirements of this Act. | 21 |
| Section 100. Violations. | 22 |
| (a) Any person violating any provision of this Act or its | 23 |
| rules
shall be guilty of a Class B misdemeanor
and fined a | 24 |
| minimum of $100 for the first offense. A second or
subsequent | 25 |
| violation of this Act shall be a Class A misdemeanor
with a | 26 |
| minimum fine of $200. Each day a violation continues | 27 |
| constitutes a
separate
offense. The State's Attorney of the | 28 |
| County in which the violation occurred
or the Attorney General | 29 |
| may prosecute these actions in the name of the People
of the | 30 |
| State of Illinois. The court may enjoin the use of electricity
| 31 |
| installed in violation of this Act or its rules
until it has | 32 |
| been corrected to comply with the National Electrical Code.
| 33 |
| (b) If it is established that the defendant, contrary to |
|
|
|
09300HB1004sam002 |
- 23 - |
LRB093 05702 AMC 51288 a |
|
| 1 |
| this Act, has
been engaging, is engaging, or is about to engage | 2 |
| in electrical work without
having been
issued a license, or has | 3 |
| been engaging or is about to engage in electrical work
after
| 4 |
| his or her license has been suspended or revoked or after his | 5 |
| or her license
has not been
renewed, the Department may levy a | 6 |
| penalty not to exceed $5,000 per offense.
This penalty shall be | 7 |
| assessed by the Department after a hearing is held in
| 8 |
| accordance with the provisions set forth in Section 50 of this | 9 |
| Act. | 10 |
| Section 105. Electricians practicing before this Act. | 11 |
| Electrical
contractors who are in business on the effective | 12 |
| date of this Act
and who file a license application with the | 13 |
| Department on or before July 1, 2005 shall be granted a license | 14 |
| without examination, which
shall be valid for 2 years from the
| 15 |
| date of issuance. Thereafter, electrical contractors shall | 16 |
| comply with all of
the requirements of this Act. These licenses | 17 |
| shall be subject to renewal
as
provided in this Act. The | 18 |
| Department may by rule require the licensee to take an | 19 |
| examination for renewal. Any licensee failing to renew his or | 20 |
| her license for 2 years or more after its expiration shall be | 21 |
| required to retake the examination before he or she is issued a | 22 |
| new license. | 23 |
| Persons who have a minimum of 5 years experience in | 24 |
| performing electrical
work as
defined in this Act on
the | 25 |
| effective date of this Act
and who file a license
application | 26 |
| with the Department on or before July 1, 2005
shall be granted | 27 |
| a license without examination, which shall be valid for 2
years | 28 |
| from the
date of issuance. The category of initial licensure | 29 |
| shall be determined by the
Department. These licenses shall be | 30 |
| subject to renewal as
provided in this Act. The Department may | 31 |
| by rule require the licensee to take an examination for | 32 |
| renewal. Any licensee failing to renew his or her license for 2 | 33 |
| years or more after its expiration shall be required to retake |
|
|
|
09300HB1004sam002 |
- 24 - |
LRB093 05702 AMC 51288 a |
|
| 1 |
| the examination before he or she is issued a new license. | 2 |
| Section 110. Administrative Procedure Act; application. | 3 |
| The provisions of the Illinois Administrative Procedure Act
are | 4 |
| expressly adopted and shall apply to all
administrative rules | 5 |
| and procedures of the Department of Labor under this
Act, | 6 |
| except that Section 5 of the Illinois Administrative Procedure | 7 |
| Act
relating to procedures for rulemaking does not apply to the | 8 |
| adoption of
any rule required by federal law in connection with | 9 |
| which the Department is
precluded by law from exercising any | 10 |
| discretion. | 11 |
| Section 115. Review under Administrative Review Law. All | 12 |
| final administrative decisions of the Director under this Act | 13 |
| shall be
subject to judicial review under the Administrative
| 14 |
| Review Law and its rules. | 15 |
| Section 120. Home rule. A
home rule unit may not regulate | 16 |
| electricians and electrical contractors in a manner less | 17 |
| restrictive than
the regulation by the State of electricians | 18 |
| and electrical contractors.
This Section is a limitation under | 19 |
| subsection (i) of Section 6 of Article
VII of the Illinois | 20 |
| Constitution on the concurrent exercise by home rule
units of | 21 |
| powers and functions exercised by the State.
| 22 |
| Section 900. The Regulatory Sunset Act is amended by adding | 23 |
| Section
4.25 as follows:
| 24 |
| (5 ILCS 80/4.25 new)
| 25 |
| Sec. 4.25. Act repealed on January 1, 2015. The following | 26 |
| Act is repealed on January 1, 2015:
| 27 |
| The Electricians Licensing Act.
| 28 |
| Section 905. The State Finance Act is amended by adding |
|
|
|
09300HB1004sam002 |
- 25 - |
LRB093 05702 AMC 51288 a |
|
| 1 |
| Section
5.625 as follows:
| 2 |
| (30 ILCS 105/5.625 new)
| 3 |
| Sec. 5.625. The Electricians Licensing Dedicated Fund.
| 4 |
| Section 999. Effective date. This Act takes effect upon | 5 |
| becoming law.".
|
|