Full Text of HB1004 93rd General Assembly
HB1004sam004 93RD GENERAL ASSEMBLY
|
Sen. Terry Link
Filed: 6/18/2004
|
|
09300HB1004sam004 |
|
LRB093 05702 AMC 52190 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. The General Assembly finds | 7 |
| that the use of improper electrical materials and the improper | 8 |
| installation of electrical materials, including but not | 9 |
| limited to wiring, affects the safety, health, and well-being | 10 |
| of the public. The use of improper electrical materials and the | 11 |
| improper installation of electrical materials can result in | 12 |
| disastrous or deadly consequences to the public's safety and | 13 |
| health and the destruction or damage of property. In fulfilling | 14 |
| its responsibility to safeguard the safety and health of | 15 |
| persons and their property, the General Assembly finds that it | 16 |
| is necessary to establish certain minimum standards regarding | 17 |
| the use of electrical materials and to further establish | 18 |
| certain minimum standards regarding the knowledge, skills, and | 19 |
| experience of persons who plan, inspect, install, alter, | 20 |
| extend, and repair electrical materials and systems. This Act | 21 |
| provides for the licensing of electricians and electrical
| 22 |
| contractors and for the adoption of a Minimum Electrical Code | 23 |
| by the Department. This Act is therefore declared to be | 24 |
| essential
to the public interest. |
|
|
|
09300HB1004sam004 |
- 2 - |
LRB093 05702 AMC 52190 a |
|
| 1 |
| Section 10. Definitions. As used in this Act:
| 2 |
| "Apprentice" means a natural person enrolled in an | 3 |
| apprenticeship program approved by the United States | 4 |
| Department of Labor Bureau of Apprenticeship and Training who | 5 |
| installs, alters, or repairs electrical wiring, apparatus, and | 6 |
| equipment for electric heat, light, or power within or on a | 7 |
| building, residence, structure, or real property under the | 8 |
| supervision of a licensed electrician. | 9 |
| "Approved apprenticeship program" means an apprenticeship | 10 |
| program approved by
the United States Department of Labor | 11 |
| Bureau of Apprenticeship and Training.
| 12 |
| "Board" means the Illinois State Board of Electrical | 13 |
| Examiners.
| 14 |
| "Department" means the Department of Public Health.
| 15 |
| "Director" means the Director of Public Health.
| 16 |
| "Electrical contractor" means a natural or legal person or | 17 |
| any association thereof operating a
business that undertakes or | 18 |
| offers to undertake to plan for, lay out,
supervise, or install | 19 |
| or to make additions, alterations, or
repairs in the
| 20 |
| installation of electrical wiring, apparatus, and equipment | 21 |
| for electric light, heat, or
power within or on a building, | 22 |
| residence, structure, or real property with or without | 23 |
| compensation and who is licensed to engage in electrical | 24 |
| contracting as an electrical
contractor by the Department of | 25 |
| Public Health. An electrical contractor's license
does not of | 26 |
| itself qualify its holder to perform the electrical work
| 27 |
| authorized by holding any class of electrician's license.
| 28 |
| "Electrical work" means the installation, alteration, or
| 29 |
| repair of electrical wiring, apparatus, and equipment for | 30 |
| electric heat, light, or power within or on a building, | 31 |
| residence, structure, or real property and the
planning, laying | 32 |
| out, or supervision of the installation,
alteration, or repair | 33 |
| of electrical wiring, apparatus, and equipment for
electric |
|
|
|
09300HB1004sam004 |
- 3 - |
LRB093 05702 AMC 52190 a |
|
| 1 |
| heat, light, or
power within or on a building, residence, | 2 |
| structure, or real property.
| 3 |
| "Farm" means land or a building, including but not limited | 4 |
| to barns, livestock facilities, residences, grain storage | 5 |
| facilities, and machine sheds, appurtenant to land that is used | 6 |
| for production agriculture or for a purpose accessory to | 7 |
| production agriculture. | 8 |
| "Governmental unit" means the State, a school district, or | 9 |
| a community college district or a unit of local government as | 10 |
| defined in Article VII of the Illinois Constitution.
| 11 |
| "Journeyman electrician" means a natural person having the | 12 |
| necessary
qualifications, training, experience, and technical | 13 |
| knowledge to install, alter, and repair electrical wiring, | 14 |
| apparatus, and equipment for electric light, heat, or power | 15 |
| within or on a building, residence, structure, or real property | 16 |
| who
is
licensed as a journeyman electrician by the Department.
| 17 |
| "Maintenance worker" means a natural person who is a | 18 |
| regular, bona fide employee or agent of a property owner, | 19 |
| property lessor, property management company, or firm that is | 20 |
| not in the electrical business, but has possession or control | 21 |
| over the property where the routine maintenance of electrical | 22 |
| systems is being performed.
| 23 |
| "Owner" means a natural person who physically performs | 24 |
| electrical work on: | 25 |
| (i) premises owned by the person and in which the | 26 |
| person actually resides as a single-family residence; or | 27 |
| (ii) premises owned by the person and in which the | 28 |
| person will reside as a single-family residence upon | 29 |
| completion of construction. | 30 |
| "Person" means any natural or legal person or any | 31 |
| association thereof. | 32 |
| "Production agriculture" has the same meaning as defined in | 33 |
| Section 3-35 of the Service Use Tax Act. | 34 |
| "Residential electrical work" means the installation, |
|
|
|
09300HB1004sam004 |
- 4 - |
LRB093 05702 AMC 52190 a |
|
| 1 |
| alteration, or repair of electrical wiring, apparatus, or | 2 |
| equipment and the planning, laying out, or supervision of the | 3 |
| installation, alteration, or repair of electrical wiring, | 4 |
| apparatus, and equipment for electrical heat, light, or power | 5 |
| in a single-family detached residential dwelling or a | 6 |
| multi-family residential dwelling not exceeding 8 units per | 7 |
| building.
| 8 |
| "Residential electrician" means a natural person having | 9 |
| the necessary
qualifications, training, experience, and | 10 |
| technical knowledge to install, alter, or repair electrical | 11 |
| wiring, apparatus, and equipment for electrical heat, light, or | 12 |
| power in a single-family
detached residential dwelling or a | 13 |
| multi-family residential dwelling not exceeding 8 units per | 14 |
| building and who is
licensed as a residential electrician by | 15 |
| the Department.
| 16 |
| "Routine maintenance of electrical systems" means the | 17 |
| routine and periodic servicing of electrical systems, | 18 |
| including cleaning, inspecting, and making adjustments to | 19 |
| ensure the proper operation and the removal or replacement of | 20 |
| component parts. "Routine maintenance of electrical systems" | 21 |
| does not include the installation of complete electrical | 22 |
| systems. | 23 |
| "Supervision" means that any new electrical work done by a | 24 |
| registered
apprentice electrician must be inspected at least | 25 |
| once after initial
rough-in and once upon completion by
an | 26 |
| Illinois licensed electrician. In addition, all renovation, | 27 |
| alteration,
repair, extension, and modification work done by a | 28 |
| registered
apprentice electrician on an existing electrical | 29 |
| system must be approved by
an Illinois licensed electrician. | 30 |
| Section 15. Board of Electrical Examiners. | 31 |
| (a) There is created the Illinois
State Board of Electrical
| 32 |
| Examiners which shall exercise its duties provided in this Act | 33 |
| under the
supervision of the Department of Public Health. The |
|
|
|
09300HB1004sam004 |
- 5 - |
LRB093 05702 AMC 52190 a |
|
| 1 |
| Board shall consist of 13
members appointed by the Governor. | 2 |
| The Board shall be composed of
3 licensed journeyman | 3 |
| electricians, one licensed residential electrician, 2 licensed | 4 |
| electrical contractors who are
members of the National | 5 |
| Electrical Contractors Association, one licensed electrical | 6 |
| contractor who is a member of the Independent Electrical | 7 |
| Contractors, one licensed electrical contractor who is a member | 8 |
| of the Associated Builders and Contractors, one licensed
| 9 |
| electrical engineer, one electrical inspector who holds a | 10 |
| journeyman electrician's license, one representative of a | 11 |
| public utility, the
State Fire Marshal or his or her designee, | 12 |
| and a licensed real estate professional. In making the
| 13 |
| appointments to the Board, the Governor shall consider the | 14 |
| recommendations
of individuals, firms, or organizations | 15 |
| involved in electrical
wiring installation in this State. The | 16 |
| Governor shall also take into
consideration the minority | 17 |
| representation in the population when making
appointments to | 18 |
| the Board.
Members of the Board shall serve 4-year terms
and | 19 |
| until their successors are appointed and qualified. The initial
| 20 |
| appointments, however, shall be as follows: 4 members for terms | 21 |
| of 2 years, 4
members for 3 years, and 4 members for 4 years. | 22 |
| The State Fire Marshal's
service on the Board shall be | 23 |
| continuous. For the initial appointments of the licensed | 24 |
| electrical contractors, licensed journeyman electricians, | 25 |
| licensed residential electrician, and electrical inspector | 26 |
| prior to the Board developing the rules for examination of | 27 |
| license applicants, the Governor may appoint individuals whose | 28 |
| qualifications are similar to those outlined in Section 25. | 29 |
| Following the expiration of those terms, the Governor may | 30 |
| reappoint those individuals or others only if such individuals | 31 |
| are licensed under this Act. | 32 |
| (b) The Board shall aid the Director and the Department by: | 33 |
| (1) recommending provisions for the Minimum Electrical | 34 |
| Code and subsequent amendments to be adopted by the |
|
|
|
09300HB1004sam004 |
- 6 - |
LRB093 05702 AMC 52190 a |
|
| 1 |
| Department for all electrical work based on the standards | 2 |
| prescribed in Section 85; | 3 |
| (2) recommending subject matter for examinations and | 4 |
| the continuing education requirements as provided in this | 5 |
| Act based on the Minimum Electrical Code; | 6 |
| (3) recommending standards, rules, guidelines, and | 7 |
| procedures to approve or disapprove a course of instruction | 8 |
| in electrical work at a college, university, or trade | 9 |
| school to qualify for a license issued by the Department | 10 |
| under this Act. Such standards, rules, guidelines, and | 11 |
| procedures shall be designed to ensure that an approved | 12 |
| course of instruction adequately provides the practical | 13 |
| and theoretical education and training in the | 14 |
| installation, alteration, and repair of electrical wiring, | 15 |
| apparatus, and equipment for electric heat, light, or power | 16 |
| within or on a building, residence, structure, or real | 17 |
| property based on the standards prescribed in Section 85; | 18 |
| (4) developing, in conjunction with the Illinois | 19 |
| Community College Board, the Illinois Board of Higher | 20 |
| Education, and the Department of Commerce and Economic | 21 |
| Opportunity, courses of instruction to meet the | 22 |
| qualifications specified in this Act and that encourage the | 23 |
| employment of minorities and females as licensed | 24 |
| electricians and licensed electrical contractors; | 25 |
| (5) suggesting rules to govern examinations and | 26 |
| hearings to deny, suspend, revoke, or reinstate licenses | 27 |
| and assess fines as provided for in this Act; | 28 |
| (6) submitting recommendations to the Director from | 29 |
| time to time for the efficient administration of this Act; | 30 |
| and | 31 |
| (7) performing other duties prescribed in this
Act. | 32 |
| (c) Board members shall
receive no compensation but shall | 33 |
| be reimbursed for expenses incurred in
connection with their | 34 |
| duties as Board members. The Department shall provide staff and |
|
|
|
09300HB1004sam004 |
- 7 - |
LRB093 05702 AMC 52190 a |
|
| 1 |
| administrative support services to the Board. | 2 |
| Section 20. Powers and duties of the Director. The Director | 3 |
| shall take all
actions necessary under this Act to carry out | 4 |
| the duties and responsibilities
of the Department under this | 5 |
| Act. The Director, with the assistance of the
Board, shall:
| 6 |
| (a) adopt rules and regulations for examination of | 7 |
| applicants for journeyman and residential licenses;
| 8 |
| (b) prepare and give uniform
examinations to | 9 |
| applicants for journeyman and
residential licenses that | 10 |
| shall test their knowledge and qualifications
in the | 11 |
| planning and design of electrical systems, their | 12 |
| knowledge,
qualifications, and manual skills in electrical | 13 |
| installations, and their
knowledge of materials and | 14 |
| methods used in electrical work according to the Minimum | 15 |
| Electrical Code adopted by the Department;
| 16 |
| (c) prepare and issue electrical contractor, | 17 |
| journeyman electrician, and residential
electrician | 18 |
| licenses and license renewals to applicants who have met | 19 |
| the requirements for
licensure and complied with all the | 20 |
| prerequisites to licensure;
| 21 |
| (d) provide for the registration of apprentices; | 22 |
| (e) adopt rules for the extension of a person's | 23 |
| temporary license based on demonstrated undue hardship or | 24 |
| other special circumstances;
| 25 |
| (f) adopt rules for hearings to deny, suspend, revoke, | 26 |
| or reinstate
licenses and assess fines as provided for in | 27 |
| this Act;
| 28 |
| (g) maintain a current record showing (i) the names and | 29 |
| addresses of
licensed electrical contractors, journeyman | 30 |
| electricians, and residential
electricians; (ii) the dates | 31 |
| of issuance of licenses; (iii) the date and
substance for | 32 |
| the charges set forth in any hearing for denial, | 33 |
| suspension,
or revocation of any license; (iv) the date and |
|
|
|
09300HB1004sam004 |
- 8 - |
LRB093 05702 AMC 52190 a |
|
| 1 |
| substance of the final order
issued upon a hearing; and (v) | 2 |
| the date and substance of all petitions
for reinstatement | 3 |
| of license and final orders on petitions;
| 4 |
| (h) establish and collect fees for the examination, | 5 |
| issuance, and renewal
of licenses;
| 6 |
| (i) adopt rules for and provide for the inspection of | 7 |
| new electrical installations in
construction, remodeling, | 8 |
| replacement, or repair work, where
required by this Act;
| 9 |
| (j) establish and collect fees for the handling and | 10 |
| inspection of new
electrical installations;
| 11 |
| (k) adopt standards, rules, guidelines, and procedures | 12 |
| to approve or disapprove a course of instruction in | 13 |
| electrical work at a college, university, or trade school | 14 |
| to qualify for a license issued by the Department under | 15 |
| this Act, and approve or disapprove such courses of | 16 |
| instruction by reference to compliance or noncompliance | 17 |
| with such standards, rules, guidelines, or procedures. | 18 |
| Such standards, rules, guidelines, or procedures shall be | 19 |
| designed to ensure that an approved course of instruction | 20 |
| adequately provides the practical and theoretical | 21 |
| education and training in the installation, alteration, | 22 |
| and repair of electrical wiring, apparatus, and equipment | 23 |
| for electric heat, light, or power within or on a building, | 24 |
| residence, structure, or real property based on the | 25 |
| standards prescribed in Section 85; | 26 |
| (l) work with the Board, the Illinois Community College | 27 |
| Board, the Illinois Board of Higher Education, and the | 28 |
| Department of Commerce and Economic Opportunity to develop | 29 |
| courses of instruction to meet the qualifications | 30 |
| specified in this Act and that encourage the employment of | 31 |
| minorities and females as licensed electricians and | 32 |
| licensed electrical contractors; | 33 |
| (m) cause investigations to be made when the Department | 34 |
| has reasonable grounds for believing that a violation of |
|
|
|
09300HB1004sam004 |
- 9 - |
LRB093 05702 AMC 52190 a |
|
| 1 |
| any provision of this Act or rules adopted pursuant to this | 2 |
| Act has occurred or is occurring; | 3 |
| (n) conduct inspections during regular working hours, | 4 |
| the purpose of which shall be reduced to writing, to | 5 |
| determine satisfactory compliance with this Act and rules | 6 |
| adopted pursuant to this Act, after consent of the person, | 7 |
| licensee, or registrant has been obtained or after an order | 8 |
| for such inspection has been issued by the court; | 9 |
| (o) assess administrative fines, which shall be | 10 |
| established by the Department by rule against a licensee | 11 |
| for violation of any provision of this Act or rules adopted | 12 |
| pursuant to this Act; | 13 |
| (p) adopt, publish, and from time to time, amend the | 14 |
| Minimum Electrical Code for all electrical work based on | 15 |
| the standards prescribed in Section 85 after consideration | 16 |
| of the recommendations of the Illinois State Board of | 17 |
| Electrical Examiners; | 18 |
| (q) adopt any rules necessary for the administration | 19 |
| and enforcement of this Act; and | 20 |
| (r) perform other duties prescribed in this Act.
| 21 |
| Section 25. License and registration. | 22 |
| (a) On or after January 1, 2007, except as otherwise | 23 |
| provided by this Act, no person
shall perform electrical work | 24 |
| unless the person is:
| 25 |
| (1) licensed by the Department as a journeyman or | 26 |
| residential electrician;
| 27 |
| (2) an apprentice registered with the Department; or
| 28 |
| (3) licensed as an electrical contractor. | 29 |
| (b) Journeyman electrician. An applicant for a journeyman | 30 |
| electrician's license shall meet one of the following | 31 |
| conditions: (i) the completion of an approved apprenticeship | 32 |
| program, (ii) the successful completion of a course of | 33 |
| instruction in electrical work, under the rules adopted by the |
|
|
|
09300HB1004sam004 |
- 10 - |
LRB093 05702 AMC 52190 a |
|
| 1 |
| Department for the enforcement of this Act, at a college, | 2 |
| university, or trade school, or (iii) the completion of at
| 3 |
| least 8,000 hours of verifiable experience performing | 4 |
| electrical work obtained over a period of not less than 4 | 5 |
| years, as provided under the rules adopted by the Department | 6 |
| for the enforcement of this Act.
| 7 |
| A person practicing as an electrician on the effective date | 8 |
| of this Act with 8,000 hours of verifiable experience | 9 |
| performing electrical work obtained over a period of not less | 10 |
| than 4 years, as provided under the rules adopted by the | 11 |
| Department for the enforcement of this Act, who files a license | 12 |
| application with the Department on or before July 1, 2007 and | 13 |
| meets all the other requirements of this Act shall be granted a | 14 |
| temporary journeyman electrician's license without | 15 |
| examination. The temporary journeyman electrician's license | 16 |
| shall be valid for 2 years from the date of issuance. The | 17 |
| Department shall require an annual fee. As a condition of | 18 |
| renewal, the licensee shall pass the examination specified in | 19 |
| Section 30 for all journeyman electrician applicants but shall | 20 |
| not be required to meet the specified continuing education | 21 |
| requirements while holding a temporary journeyman | 22 |
| electrician's license. Nothing shall prevent the holder of a | 23 |
| temporary license from taking the required examination prior to | 24 |
| the expiration of the temporary license. A journeyman | 25 |
| electrician holding a temporary license may petition the | 26 |
| Department for an extension of a one-year period in the event | 27 |
| he or she can demonstrate undue hardship or other special | 28 |
| circumstances. | 29 |
| (c) Registered apprentice. On or after January 1, 2007, a | 30 |
| person who is enrolled in an approved
apprenticeship program | 31 |
| may perform electrical work only under the
supervision of a | 32 |
| licensed electrician. All apprentices shall be registered with
| 33 |
| the Department. The Department shall provide the apprentice | 34 |
| with a verification of his or her registration.
|
|
|
|
09300HB1004sam004 |
- 11 - |
LRB093 05702 AMC 52190 a |
|
| 1 |
| (d) Residential electrician. An applicant for a | 2 |
| residential electrician's license shall meet one of the | 3 |
| following conditions: (i) the completion of an approved | 4 |
| apprenticeship program in residential wiring for a | 5 |
| single-family detached residential dwelling or multi-family | 6 |
| residential dwelling or its equivalent, (ii) the successful | 7 |
| completion of a course of instruction in electrical work, under | 8 |
| the rules adopted by the Department for the enforcement of this | 9 |
| Act, at a college, university, or trade school, or (iii) the | 10 |
| completion of at
least 6,000 hours of verifiable experience | 11 |
| performing residential electrical work obtained over a period | 12 |
| of not less than 3 years, as provided under the rules adopted | 13 |
| by the Department for the enforcement of this Act.
| 14 |
| A person practicing as an electrician on the effective date | 15 |
| of this Act with at least 6,000 hours of verifiable experience | 16 |
| performing residential electrical work obtained over a period | 17 |
| of not less than 3 years, as provided under the rules adopted | 18 |
| by the Department for the enforcement of this Act, and having | 19 |
| the necessary qualifications, training, and technical | 20 |
| knowledge, as provided under the rules adopted for the | 21 |
| enforcement of this Act, involving residential electrical | 22 |
| work, who files a license application with the Department on or | 23 |
| before January 1, 2007 and meets all the other requirements of | 24 |
| this Act shall be granted a temporary residential electrician's | 25 |
| license without examination. The temporary residential | 26 |
| electrician's license shall be valid for 2 years from the date | 27 |
| of issuance. The Department shall require an annual fee. As a | 28 |
| condition of renewal, the licensee shall pass the exam | 29 |
| specified in Section 30 for all residential electrician | 30 |
| applicants but shall not be required to meet the specified | 31 |
| continuing education requirements while holding a temporary | 32 |
| residential electrician's license. Nothing shall prevent the | 33 |
| holder of a temporary license from taking the required | 34 |
| examination prior to the expiration of the temporary license. A |
|
|
|
09300HB1004sam004 |
- 12 - |
LRB093 05702 AMC 52190 a |
|
| 1 |
| residential electrician holding a temporary license may | 2 |
| petition the Department for an extension of a one-year period | 3 |
| in the event he or she can demonstrate undue hardship or other | 4 |
| special circumstances. | 5 |
| (e) Contractors. | 6 |
| (1) On or after January 1, 2007, except as otherwise | 7 |
| provided by law, no person shall operate as an electrical | 8 |
| contractor without employing a licensed journeyman | 9 |
| electrician with 6 years of experience performing | 10 |
| electrical work, who shall be responsible for the | 11 |
| performance of all electrical work in accordance with this | 12 |
| Act. All employees of the electrical contractor performing | 13 |
| electrical work shall be licensed journeyman electricians, | 14 |
| licensed residential electricians, or apprentices | 15 |
| registered with the Department. A residential electrician | 16 |
| employed by such an electrical contractor may not perform | 17 |
| any non-residential electrical work. This item (1) shall | 18 |
| not apply to electrical contractors performing only | 19 |
| residential electrical work. | 20 |
| (2) On or after January 1, 2007, except as otherwise | 21 |
| provided by law, no person performing only residential | 22 |
| electrical work shall operate as an electrical contractor | 23 |
| without employing a licensed residential electrician with | 24 |
| 4 years of experience performing residential electrical | 25 |
| work, who shall be responsible for the performance of all | 26 |
| electrical work in accordance with this Act. All employees | 27 |
| of an electrical contractor performing only residential | 28 |
| electrical work shall be licensed journeyman electricians, | 29 |
| licensed residential electricians, or apprentices | 30 |
| registered with the Department. | 31 |
| (3)
The application for an electrical contractor's | 32 |
| license shall include a verified statement that the | 33 |
| designated responsible electrician is a full-time employee | 34 |
| of the applicant. For the purposes of this Section, a |
|
|
|
09300HB1004sam004 |
- 13 - |
LRB093 05702 AMC 52190 a |
|
| 1 |
| full-time employee of a applicant for an electrical | 2 |
| contractor's license is an individual who is not employed | 3 |
| in any capacity as a licensed electrician by any other | 4 |
| electrical contractor. | 5 |
| (4) An electrical contractor in business on the | 6 |
| effective date of this Act who files a license application | 7 |
| with the Department on or before January 1, 2007 and meets | 8 |
| all the other requirements of this Act shall be granted a | 9 |
| temporary electrical contractors license pursuant to other | 10 |
| provisions of this Act, which shall be valid for 2 years | 11 |
| from the date of issuance. The Department shall require an | 12 |
| annual fee. Thereafter, an electrical contractor shall | 13 |
| comply with all of the requirements of this Act. An | 14 |
| electrical contractor holding a temporary license may | 15 |
| petition the Department for an extension of a one-year | 16 |
| period in the event he or she can demonstrate undue | 17 |
| hardship or other special circumstances.
An electrical | 18 |
| contractor holding a temporary license must employ a | 19 |
| licensed journeyman electrician or, in the case of an | 20 |
| electrical contractor performing only residential | 21 |
| electrical work, a licensed residential electrician who | 22 |
| shall be responsible for the performance of all electrical | 23 |
| work in accordance with this Act. | 24 |
| (5) An electrical
contractor giving bond to the State | 25 |
| in
an amount to be determined by the Department and meeting | 26 |
| all other requirements of this Act shall be issued a | 27 |
| licensed by the Department.
The bond shall be
filed with | 28 |
| the Department and shall be in lieu of all other license | 29 |
| bonds
to any political subdivision. The bond shall be | 30 |
| written by a corporate
surety licensed to do business in | 31 |
| the State of Illinois.
| 32 |
| (6) Each licensed electrical contractor shall have and | 33 |
| maintain in effect
insurance. Specific insurance | 34 |
| requirements and minimum limits per occurrence
shall be |
|
|
|
09300HB1004sam004 |
- 14 - |
LRB093 05702 AMC 52190 a |
|
| 1 |
| determined by the Department in consultation with the | 2 |
| Board.
The insurance shall be written by an insurer | 3 |
| licensed to do business in the
State of Illinois and each | 4 |
| licensed electrical contractor shall maintain on
file with | 5 |
| the Department a certificate evidencing insurance that | 6 |
| provides
that the insurance shall not be cancelled without | 7 |
| the insurer first giving
15 days written notice to the | 8 |
| Department of the cancellation.
| 9 |
| (7) A licensed electrical contractor shall notify the | 10 |
| Department when the licensed electrician required to | 11 |
| conduct or supervise the work of the electrical contractor | 12 |
| is unavailable due to death or incapacitation. The licensed | 13 |
| electrical contractor may request that the Department | 14 |
| issue a temporary license to persons certified by the | 15 |
| licensed electrical contractor to have an acceptable | 16 |
| combination of documented experience and education to | 17 |
| conduct or supervise electrical work or residential | 18 |
| electrical work. The Department shall adopt rules for | 19 |
| issuing a temporary license under such circumstances. Any | 20 |
| person certified by a licensed electrical contractor to | 21 |
| have an acceptable combination of documented experience | 22 |
| and education to conduct or supervise electrical work or | 23 |
| residential electrical work shall immediately seek a | 24 |
| temporary license from the Department and shall pay such | 25 |
| fee as the Department shall determine. Each temporary | 26 |
| license shall recite that it is valid for a period of 30 | 27 |
| days from the date of issuance and while employed by the | 28 |
| licensed electrical contractor that certified the | 29 |
| individual was qualified. The temporary license shall be | 30 |
| renewable as long as the shortage of license holders shall | 31 |
| continue. | 32 |
| (f) The Department shall adopt rules for determining | 33 |
| whether an applicant's work experience meets the requirements | 34 |
| for
licensure under this Act.
|
|
|
|
09300HB1004sam004 |
- 15 - |
LRB093 05702 AMC 52190 a |
|
| 1 |
| Section 30. Examination; continuing education. | 2 |
| (a) In addition to other requirements imposed by
this Act | 3 |
| and except as otherwise provided in this Act, as a precondition | 4 |
| to
issuance of an electrician's license, each applicant must | 5 |
| pass a written
examination given by the Department for the type | 6 |
| of license sought to
insure the competence of each license | 7 |
| applicant. No person failing an examination for a license | 8 |
| classification may retake the examination for that | 9 |
| classification for 3 months from the date of failure of the | 10 |
| examination. | 11 |
| (b) As a condition of renewal, the Department shall require | 12 |
| each licensee to complete a
minimum number of hours of | 13 |
| continuing education. The continuing education requirement | 14 |
| shall not exceed 8 hours of classroom instruction during a | 15 |
| 12-month period. The Department shall adopt rules on the | 16 |
| curricula for the continuing education requirement. A licensee | 17 |
| shall provide to the Department evidence of completing the | 18 |
| continuing education requirement. The Department shall approve | 19 |
| any continuing education programs and by rule any means for | 20 |
| verification of the continuing education requirement. | 21 |
| Section 40. Expiration of license; fees. | 22 |
| (a)
Unless otherwise specified in this Act, all licenses | 23 |
| issued under this Act shall expire
every year in a manner as | 24 |
| provided by the Department. Application, renewal, and
all other | 25 |
| fees provided for in this Act shall be adopted by the | 26 |
| Department
by rule.
| 27 |
| (b) Any licensee failing to renew his or her license for 2 | 28 |
| years or more after its expiration shall retake the required | 29 |
| examination specified in Section 30 before he or she is issued | 30 |
| a new license. | 31 |
| (c) The Department shall reinstate a license that expires | 32 |
| while a licensee is in active military service of the United |
|
|
|
09300HB1004sam004 |
- 16 - |
LRB093 05702 AMC 52190 a |
|
| 1 |
| States upon application to the Department by the licensee | 2 |
| within 2 years after termination of the military service, | 3 |
| payment of the annual license fee, and submission of evidence | 4 |
| of the military service. The license shall be reinstated | 5 |
| without examination or completion of the continuing education | 6 |
| requirement specified in Section 30 and without payment of the | 7 |
| lapsed renewal fee. | 8 |
| (d) All fees and fines collected under this Act shall be | 9 |
| deposited into the Electricians Licensing Dedicated Fund, | 10 |
| which is hereby created as a special fund in the State | 11 |
| treasury. The Department and Board may utilize moneys in this | 12 |
| fund for the administration of this Act.
| 13 |
| Section 45. Grounds for discipline. The Department
may
by | 14 |
| order deny, suspend, revoke, or refuse to renew a license, or | 15 |
| may
censure a licensee if it finds that it is in the public | 16 |
| interest to do so
and that the applicant or licensee:
| 17 |
| (1) has filed an application for a license that
| 18 |
| contains any statement that, in light of the
circumstances | 19 |
| under which it is made, is false or misleading with respect
| 20 |
| to any material fact;
| 21 |
| (2) has engaged in any fraudulent, deceptive, or | 22 |
| dishonest practice;
| 23 |
| (3) has been convicted within the past 5 years of a | 24 |
| misdemeanor
involving a violation of this Act; or
| 25 |
| (4) has violated or failed to comply with this Act or | 26 |
| its rules
or any order issued under this Act. A violation | 27 |
| need not be willful.
| 28 |
| The Department may adopt rules further specifying the | 29 |
| grounds for suspension,
revocation, and refusal to renew a | 30 |
| license and establishing standards of
conduct for licensees. | 31 |
| Section 50. Denial, revocation, or suspension of license; | 32 |
| assessment of a civil administrative fine. |
|
|
|
09300HB1004sam004 |
- 17 - |
LRB093 05702 AMC 52190 a |
|
| 1 |
| (a) The Director, after notice and opportunity for hearing | 2 |
| to the applicant or license holder, may deny, suspend, or | 3 |
| revoke a license or assess a civil administrative fine for | 4 |
| cause. For the purposes of this Section, "cause" means a | 5 |
| violation of any provision of this Act or any rule adopted | 6 |
| pursuant to this Act. | 7 |
| (b) Notice shall be provided by certified mail or by | 8 |
| personal service setting forth the particular reasons for the | 9 |
| proposed action and fixing a date, not less than 15 days from | 10 |
| the date of the mailing or service, within which time the | 11 |
| applicant or license holder must request in writing a hearing. | 12 |
| Failure to serve upon the Department a request for hearing in | 13 |
| writing within the time provided in the notice shall constitute | 14 |
| a waiver of the person's right to an administrative hearing. | 15 |
| (c) The hearing shall be conducted by the Director or by an | 16 |
| individual designated in writing by the Director as an | 17 |
| administrative law judge to conduct the hearing. The Director | 18 |
| or administrative law judge shall give written notice of the | 19 |
| time and place of the hearing, by certified mail or personal | 20 |
| service, to the applicant or license holder at least 10 days | 21 |
| prior to the hearing. On the basis of the hearing, or upon | 22 |
| default of the applicant or license holder, the Director shall | 23 |
| make a determination specifying his or her findings and | 24 |
| conclusions. A copy of the determination shall be sent by | 25 |
| certified mail or served personally upon the applicant, license | 26 |
| holder, or registrant. The decision of the Director shall be | 27 |
| final on issues of fact and final in all respects unless | 28 |
| judicial review is sought as provided in this Act. | 29 |
|
(d) The procedure governing hearings authorized by this | 30 |
| Section shall be in accordance with rules adopted by the | 31 |
| Department. A full and complete record shall be kept of all | 32 |
| proceedings, including the notice of hearing, complaint, and | 33 |
| all other documents in the nature of pleadings, written motions | 34 |
| filed in the proceedings, and the report and orders of the |
|
|
|
09300HB1004sam004 |
- 18 - |
LRB093 05702 AMC 52190 a |
|
| 1 |
| Director and administrative law judge. | 2 |
| (e) The Department at its expense shall provide a court | 3 |
| reporter to take testimony. Technical error in the proceedings | 4 |
| before the Director or administrative law judge or their | 5 |
| failure to observe the technical rules of evidence shall not be | 6 |
| grounds for the reversal of any administrative decision, unless | 7 |
| it appears to the court that such error or failure materially | 8 |
| affects the rights of any party and results in substantial | 9 |
| injustice to them. | 10 |
| (f) The Director or administrative law judge may compel the | 11 |
| attendance of witnesses and the production of books, papers, | 12 |
| records, or memoranda. | 13 |
| (g) The Department shall not be required to certify any | 14 |
| record to the court or file any answer in court or otherwise | 15 |
| appear in any court in a judicial review proceeding, unless | 16 |
| there is filed in the court with the complaint a receipt from | 17 |
| the Department acknowledging payment of the costs of furnishing | 18 |
| and certifying the record. Such costs shall be paid by the | 19 |
| party requesting a copy of the record. Failure on the part of | 20 |
| the person requesting a copy of the record to pay the costs | 21 |
| shall be grounds for dismissal of the action. | 22 |
| Section 55. Nonpayment of taxes. The Department may refuse | 23 |
| to issue or may
suspend the license of any person
who fails (i) | 24 |
| to file a federal or State tax return, (ii) to pay the tax,
| 25 |
| penalty, or interest shown
in
a filed return, or (iii) to pay | 26 |
| any final assessment of tax, penalty, or
interest,
as required | 27 |
| by any tax Act administered by the Illinois Department of
| 28 |
| Revenue, until the time the requirements of the tax Act are | 29 |
| satisfied. | 30 |
| Section 65. Reciprocity. The Department may grant a | 31 |
| license, without examination, of the same grade and class to an | 32 |
| electrician who has been licensed by any other state that |
|
|
|
09300HB1004sam004 |
- 19 - |
LRB093 05702 AMC 52190 a |
|
| 1 |
| provides for the licensing of electricians in a similar manner. | 2 |
| The license may be granted for one year upon payment by the | 3 |
| applicant of the required fee and upon the Department being | 4 |
| furnished with proof that the qualifications of the applicant | 5 |
| are equal to the qualifications of Section 25 of this Act. The | 6 |
| licensee may renew a license issued pursuant to this Section if | 7 |
| the licensee meets all the requirements for renewal of a | 8 |
| license under this Act. | 9 |
| Section 70. Exemptions. | 10 |
| (a) Employees of, or independent contractors performing | 11 |
| work for, any
electric utility or electric utility affiliate, | 12 |
| independent electric power generator, public utility as | 13 |
| defined in Section 3-105 of the Public Utilities Act, | 14 |
| generating station or generating unit of an electric utility as | 15 |
| described in Section 16-102 of the Public Utilities Act, | 16 |
| communications or railway
utility, electric system owned and
| 17 |
| operated by a municipal corporation or governmental unit | 18 |
| (notwithstanding any other provision of this Act), electric | 19 |
| cooperative as
defined in Section 3.4 of the Electric Supplier | 20 |
| Act, telephone or
telecommunications cooperative as defined in | 21 |
| Section 13-212 of the Public
Utilities Act, or a | 22 |
| telecommunications carrier as defined in Section 13-202 of the | 23 |
| Public Utilities Act or its affiliate or co-generation | 24 |
| facilities shall be exempt from the provisions of this Act | 25 |
| while performing work on installations, materials, or | 26 |
| equipment
that are owned or leased, operated, serviced, or | 27 |
| maintained by the electric utility or
electric utility | 28 |
| affiliate, independent electric power generator, public | 29 |
| utility, generating station or generating unit of an electric | 30 |
| utility, communications or railway utility, electric system
| 31 |
| owned and operated by a municipal corporation or governmental | 32 |
| unit,
electric cooperative, telephone or telecommunications | 33 |
| cooperative, or telecommunications carrier or its affiliate or |
|
|
|
09300HB1004sam004 |
- 20 - |
LRB093 05702 AMC 52190 a |
|
| 1 |
| co-generation facilities in the exercise of its utility or | 2 |
| telephone function, and that (i) are used
exclusively for the | 3 |
| generation, transformation,
distribution, transmission, or | 4 |
| metering of electric current, or the
operation of railway | 5 |
| signals, traffic signals, or street lights, or the transmission | 6 |
| of intelligence and do
not have as a principal function the | 7 |
| consumption or use of electric current
by or for the benefit of | 8 |
| any person other than the
electric utility or electric utility | 9 |
| affiliate, independent electric power generator, public | 10 |
| utility, generating station or generating unit of an electric | 11 |
| utility, communications or railway
utility, electric system | 12 |
| owned and operated by a municipal corporation or
governmental | 13 |
| unit, electric, telephone, or telecommunications
cooperative, | 14 |
| or telecommunications carrier or its affiliate or their end | 15 |
| users and (ii) are generally accessible only to employees of | 16 |
| the
electric utility or electric utility affiliate, | 17 |
| independent electric power generator, public utility, | 18 |
| generating station or generating unit of an electric utility, | 19 |
| communications or railway
utility, electric system owned and | 20 |
| operated by a municipal corporation or
governmental unit, | 21 |
| electric, telephone, or telecommunications
cooperative, or | 22 |
| telecommunications carrier or its affiliate or persons acting | 23 |
| under its control or
direction. Persons performing work | 24 |
| subcontracted out to an electrical contractor or other | 25 |
| contractors, however, shall be in compliance with the | 26 |
| requirements of this Act.
| 27 |
| (b) Contractors employing pipefitters, sprinkler fitters, | 28 |
| licensed plumbers, or sheet metal workers performing | 29 |
| modification, service, maintenance, retro fit, or warranty | 30 |
| work in plumbing, heating, sprinkler fitting, irrigation, | 31 |
| ventilation, air conditioning, refrigeration (HVACR) systems, | 32 |
| instrumentation, control work, or stress relieving shall be | 33 |
| exempt from this Act. For the installation or replacement of | 34 |
| equipment in the HVACR industry, modifications to the external |
|
|
|
09300HB1004sam004 |
- 21 - |
LRB093 05702 AMC 52190 a |
|
| 1 |
| power wiring to the equipment is exempt. The installation of | 2 |
| wiring for irrigation when being installed by a registered or | 3 |
| licensed irrigation worker shall be exempt from this Act. | 4 |
| Persons performing work subcontracted out to an electrical | 5 |
| contractor or other contractors, however, shall be in | 6 |
| compliance with the requirements of this Act. | 7 |
| (c) Employees of contractors performing construction or | 8 |
| maintenance work on any transmission or distribution lines | 9 |
| owned, leased, operated and maintained by the utilities | 10 |
| described in subsection (a) shall be exempt from the provisions | 11 |
| and licensing requirements of this Act, and employees of | 12 |
| contractors performing construction or maintenance work on any | 13 |
| transmission lines owned, leased, operated, and maintained by | 14 |
| an independent transmission company, system, or entity | 15 |
| approved by the Federal Energy Regulatory Commission and the | 16 |
| Illinois Commerce Commission shall be exempt from this Act. | 17 |
| (d) Employees of contractors performing construction or | 18 |
| maintenance work on highway lighting or street lighting owned, | 19 |
| leased, operated, and maintained by governmental units and | 20 |
| their departments and political subdivisions shall be exempt | 21 |
| from this Act. | 22 |
| (e) Employees of contractors performing construction or | 23 |
| maintenance work on traffic signals owned, leased, operated, | 24 |
| and maintained by a governmental unit and its departments and | 25 |
| political subdivisions shall be exempt from this Act, provided | 26 |
| that these employees are Traffic Signal Level II certified | 27 |
| under the International Municipal Sign Association (IMSA). | 28 |
| (f) An owner shall not be required to hold a license under
| 29 |
| this Act. Nevertheless, electrical work performed by an owner | 30 |
| shall comply
with the minimum standards contained in the | 31 |
| National Electrical Code and any additional standards or | 32 |
| requirements established by a political subdivision and shall
| 33 |
| be subject to inspection by the Department. Unless otherwise | 34 |
| specified in this Act, an owner shall not employ
anyone other |
|
|
|
09300HB1004sam004 |
- 22 - |
LRB093 05702 AMC 52190 a |
|
| 1 |
| than an electrician licensed under this Act to assist him or | 2 |
| her.
| 3 |
| (g) Any city, village, or incorporated town having a | 4 |
| population of
500,000 or more may, by an ordinance containing | 5 |
| provisions substantially
the same as those in this Act and | 6 |
| specifying educational or experience
requirements equivalent | 7 |
| to those prescribed in the Act, provide for a board
of | 8 |
| electrical examiners to conduct examinations for, and to issue,
| 9 |
| suspend, or revoke, electricians' licenses within the city, | 10 |
| village, or
incorporated town. Upon the enactment of such an | 11 |
| ordinance, the provisions of
this Act shall not apply within | 12 |
| that municipality except as otherwise
provided in this Act. Any | 13 |
| person
licensed as an electrician under the local ordinance, or | 14 |
| licensed by the
Department under this Act, shall meet the | 15 |
| requirements to perform electrical work anywhere in this State.
| 16 |
| (h) Nothing in this Act shall be construed to prevent an | 17 |
| owner or operator
of a farm or his or her employees from | 18 |
| installing, making additions to,
altering, maintaining, or
| 19 |
| repairing wiring, apparatus, or equipment for electric light, | 20 |
| heat, or power on the farm that he or she owns or operates.
| 21 |
| (i) Employees of a manufacturing corporation
that engage in | 22 |
| activities normally requiring licensure under this Act shall be
| 23 |
| exempt when such activities are pursuant to the operation or | 24 |
| maintenance of
its existing business and facilities. Persons | 25 |
| performing work subcontracted out to an electrical contractor | 26 |
| or other contractor, however, shall be in compliance with the | 27 |
| requirements of this Act.
| 28 |
| (j) The minor repair of existing electrical systems does | 29 |
| not require
licensure under this Act. For the purposes of this | 30 |
| subsection, "minor repair"
means repairs to existing | 31 |
| electrical systems that do not require a permit to be
issued | 32 |
| under any local ordinance. | 33 |
| (k) The provisions of this Act shall not apply to the | 34 |
| installation, replacement, service, or repair of household |
|
|
|
09300HB1004sam004 |
- 23 - |
LRB093 05702 AMC 52190 a |
|
| 1 |
| products, including but not limited to audio and video | 2 |
| equipment, appliances, fans, garbage disposals, and garage | 3 |
| door openers by a business entity that may be engaged in the | 4 |
| retail sale of consumer products.
| 5 |
| (l) Any person, firm, or company licensed under and | 6 |
| performing work in accordance with the Elevator Safety and | 7 |
| Regulation Act shall be exempt from this Act. | 8 |
| (m) Employees of a governmental unit that engage in | 9 |
| activities normally requiring licensure under this Act shall be | 10 |
| exempt when such activities are pursuant to their normal duties | 11 |
| in the operation or maintenance of its existing facilities. | 12 |
| Unless otherwise specified in this Act, a governmental unit | 13 |
| that is involved in new construction that results in the | 14 |
| expansion of its facilities must utilize licensed electricians | 15 |
| for any associated electrical work. | 16 |
| (n) Electrical engineers licensed under the Professional | 17 |
| Engineering Practice Act of 1989 practicing in accordance with | 18 |
| that Act shall be exempt from this Act. | 19 |
| (o) Architects licensed under the Illinois Architecture | 20 |
| Practice Act of 1989 practicing in accordance with that Act | 21 |
| shall be exempt from this Act.
| 22 |
| (p) Any person, firm, corporation, or other legal entity | 23 |
| laying out, installing, maintaining, altering, or repairing | 24 |
| alarm, security, or communication systems and practicing in | 25 |
| accordance with the Private Detective, Private Alarm, Private | 26 |
| Security, and Locksmith Act of 2004 shall be exempt from this | 27 |
| Act.
| 28 |
| (q) Nothing in this Act shall require or be construed to | 29 |
| apply to the registration or licensure of any community antenna | 30 |
| television system franchised pursuant to Illinois law, nor any | 31 |
| agent or employee of any such community antenna television | 32 |
| system in relation to the installation, alteration, removal, | 33 |
| repair, servicing, or maintenance of any community antenna | 34 |
| television system or equipment. |
|
|
|
09300HB1004sam004 |
- 24 - |
LRB093 05702 AMC 52190 a |
|
| 1 |
| (r) Nothing in this Act shall prohibit a factory-authorized | 2 |
| representative from installing, altering, maintaining, or | 3 |
| servicing a medical equipment device. This exemption shall not | 4 |
| include work providing electrical feeds into the power | 5 |
| distribution unit or installation of conduits and raceways. | 6 |
| This exemption shall cover only those factory engineers or | 7 |
| third-party service companies with equivalent training who are | 8 |
| qualified to perform such service. For the purposes of this | 9 |
| Act, "medical equipment device" includes any "medical device" | 10 |
| as defined in the Medical Device Amendments of 1976, as | 11 |
| amended, and as interpreted by the Food and Drug Administration | 12 |
| of the United States Department of Health and Human Services or | 13 |
| its successor. | 14 |
| (s) Nothing in this Act shall require that a maintenance | 15 |
| worker performing routine maintenance of electrical systems be | 16 |
| licensed.
| 17 |
| (t) The installation, alteration, maintenance, or | 18 |
| servicing of listed landscape lighting systems and equipment | 19 |
| shall be exempt from this Act, except any permanent wired | 20 |
| connections exceeding 30 volts.
| 21 |
| (u) The provisions of this Act shall not apply to the
| 22 |
| installation, alteration, replacement, service, or repair of | 23 |
| temporary outdoor decorative lighting that is connected by plug | 24 |
| into a permanent power source. | 25 |
| (v) Temporary electrical work for a transient event, | 26 |
| including but not limited to a carnival, circus, fair, | 27 |
| exhibition, stage production, motion picture production, | 28 |
| musical production, and theatrical production, shall be exempt | 29 |
| from this Act if the temporary electrical work is dismantled at | 30 |
| the conclusion of the event and is in compliance with all other | 31 |
| applicable State laws and ordinances and regulations of any | 32 |
| political subdivision. | 33 |
| Section 80. Display of license. Persons who advertise |
|
|
|
09300HB1004sam004 |
- 25 - |
LRB093 05702 AMC 52190 a |
|
| 1 |
| electrical wiring
services shall, at their place of business, | 2 |
| display the electrician's license of at least one member of the | 3 |
| firm, partnership or
officer of the corporation and shall | 4 |
| maintain a register listing the names
and license numbers of | 5 |
| all licensed electricians and all registered
apprentices | 6 |
| currently employed by them. When advertising electrical wiring
| 7 |
| services, the license number shall be included in all forms of | 8 |
| written or
printed advertising and included with the electrical | 9 |
| wiring identification
of vehicles. The Department may, by rule | 10 |
| or regulation, require additional
information concerning | 11 |
| licensed electricians and
registered apprentices to be | 12 |
| maintained in the register. | 13 |
| Section 85. Safety standards. All electrical work and | 14 |
| electrical wiring, apparatus, and
equipment for
electric | 15 |
| light, heat, or power within or on a building, residence, | 16 |
| structure, or real property shall comply with the Minimum | 17 |
| Electrical Code and all applicable rules
adopted by the | 18 |
| Department. The Minimum Electrical Code and all applicable | 19 |
| rules adopted by the Department with respect to this Act shall | 20 |
| be based on the most recently published edition of
the National | 21 |
| Electrical Code as adopted by the National Fire Protection
| 22 |
| Association, Inc. and approved by the American National | 23 |
| Standards
Institute, and the National Electrical Safety Code as | 24 |
| published by the
Institute of Electrical and Electronics | 25 |
| Engineers, Inc. and approved by the
American National Standards | 26 |
| Institute. | 27 |
| Nothing in this Act shall prohibit any political | 28 |
| subdivision from making and enforcing more stringent | 29 |
| requirements than those set forth in this Act and all licensed | 30 |
| electricians working within the jurisdiction of that political | 31 |
| subdivision shall comply with those requirements. Nothing in | 32 |
| this Act, however, shall be construed to give a political | 33 |
| subdivision the authority to apply its standards or |
|
|
|
09300HB1004sam004 |
- 26 - |
LRB093 05702 AMC 52190 a |
|
| 1 |
| requirements to electrical work performed on a farm. | 2 |
| Section 90. Inspections. | 3 |
| (a) Except where any political subdivision has by
ordinance | 4 |
| provided for electrical inspection similar to that provided in
| 5 |
| this Act, every new electrical installation on and after | 6 |
| January 1, 2007 in any construction,
remodeling, replacement, | 7 |
| or repair shall be inspected by the Department
for compliance | 8 |
| with accepted standards of construction for safety to life and
| 9 |
| property.
| 10 |
| (b) No such inspections shall be required for electrical | 11 |
| work performed by
persons exempt from licensure under Section | 12 |
| 70 of this Act, except that
inspections shall be required for | 13 |
| work performed under subsection (f) of
Section 70.
| 14 |
| (c) The Department may appoint or employ inspectors to be | 15 |
| employed on a full-time or part-time basis. All inspectors for | 16 |
| the Department shall hold a license as a journeyman electrician | 17 |
| or be certified to conduct electrical inspections by a | 18 |
| nationally recognized inspector certification program under | 19 |
| the rules adopted by the Department for the enforcement of this | 20 |
| Act. In areas of this State
where a sufficient number of | 21 |
| licensed journeyman electricians or individuals certified to | 22 |
| conduct electrical inspections by a nationally recognized | 23 |
| inspector certification program under the rules adopted by the | 24 |
| Department for the enforcement of this Act are not
available to | 25 |
| the Department to perform inspections under this Act, the
| 26 |
| Department may designate other persons whom it determines to be | 27 |
| suitably
qualified by training or experience. | 28 |
| Section 95. Procedures for inspection. | 29 |
| (a) At or before commencement of any installation required
| 30 |
| to be
inspected by the Department, the electrical contractor or | 31 |
| owner making the
installation shall submit to the Department a | 32 |
| request for inspection, as provided under the rules adopted by |
|
|
|
09300HB1004sam004 |
- 27 - |
LRB093 05702 AMC 52190 a |
|
| 1 |
| the Department for the enforcement of this Act, together with | 2 |
| the fees required for the
installation. The Department, in | 3 |
| consultation with the Board, shall adopt rules regarding the | 4 |
| time period for conducting the requested inspections.
| 5 |
| (b) The fees required are a handling fee and an inspection | 6 |
| fee. The
handling fee shall be set by the Department in an | 7 |
| amount sufficient to pay
the cost of bringing and handling the | 8 |
| form requesting an inspection. The
inspection fee shall be set | 9 |
| by the Department in an amount sufficient to
pay the actual | 10 |
| costs of the inspection and the Department's costs in
| 11 |
| administering the inspection.
| 12 |
| (c) If the inspector finds that the installation is not in | 13 |
| compliance
with accepted standards of construction for safety | 14 |
| to life and property as
required by this Act, the inspector | 15 |
| shall, by written order, condemn the
installation or the | 16 |
| noncomplying portion of the installation, or order service
to | 17 |
| the
installation disconnected, and shall send a copy of the | 18 |
| order to the
Department. If the installation or the | 19 |
| noncomplying part will seriously
and proximately endanger | 20 |
| human life and property, the order of the
inspector, when | 21 |
| approved by the inspector's superior, shall require
immediate | 22 |
| condemnation or disconnection. In all other cases, the order of
| 23 |
| the inspector shall permit a reasonable opportunity for the | 24 |
| installation to
be brought into compliance with accepted | 25 |
| standards of construction for
safety to life and property prior | 26 |
| to the effective time established for
condemnation or | 27 |
| disconnection.
| 28 |
| (d) Copies of each condemnation or disconnection order | 29 |
| shall be served
personally or by mail upon the property owner, | 30 |
| the electrical
contractor or electrician making the | 31 |
| installation, and other persons as the
Department by rule may | 32 |
| direct. An aggrieved party may appeal
any condemnation or | 33 |
| disconnection order by filing with the Department a
notice of | 34 |
| appeal within 10 days after (i) service upon the aggrieved |
|
|
|
09300HB1004sam004 |
- 28 - |
LRB093 05702 AMC 52190 a |
|
| 1 |
| party
of the condemnation or disconnection order, if this | 2 |
| service is required or
(ii) filing of the order with the | 3 |
| Department, whichever is later.
The Department shall adopt | 4 |
| rules providing procedures for the conduct of
appeals, | 5 |
| including provisions for the stay of enforcement of the order | 6 |
| of
the inspector pending an appeal when justified by the | 7 |
| circumstances.
| 8 |
| (e) The inspectors of the Department shall have the | 9 |
| authority to enter
any building or premises at any reasonable | 10 |
| working hour in the discharge of their
duties, and they shall | 11 |
| have the authority, when necessary, to order the
removal of any | 12 |
| existing obstructions such as laths, plastering, boarding,
or | 13 |
| partitions that may prevent a proper inspection of the | 14 |
| electrical
installation.
| 15 |
| (f) No electrical installation subject to
inspection by the | 16 |
| Department shall be newly connected or reconnected for
use | 17 |
| until there is filed, with the electrical utility supplying | 18 |
| power, a
certificate of the property owner or licensed | 19 |
| electrician directing the
work that inspection has been | 20 |
| requested and that the conditions of the
installation are safe | 21 |
| for energization. In all cases
where an order of condemnation | 22 |
| or disconnection has been issued against the
installation or | 23 |
| any part of the installation, prior to connection or
| 24 |
| reconnection, there shall also first be filed with the | 25 |
| electrical utility
supplying the power a
copy of an order of | 26 |
| the inspector or the Department dismissing the prior
order of | 27 |
| condemnation or disconnection or approving the installation as
| 28 |
| being in compliance with accepted standards of construction for | 29 |
| safety to
life and property. With respect to transient projects | 30 |
| covered by this Act, this
certificate shall also contain a | 31 |
| certification that the request for
inspection has been or will | 32 |
| be filed with the Department so as to be
received by it at | 33 |
| least 5 days prior to the date and time energization
of the | 34 |
| installation by the utility is to occur, and that the request |
|
|
|
09300HB1004sam004 |
- 29 - |
LRB093 05702 AMC 52190 a |
|
| 1 |
| for
inspection states the date and time. It shall be the | 2 |
| responsibility of
the Department to have inspection of the | 3 |
| transient project occur prior to
the date and time at which the | 4 |
| request states energization is to occur.
| 5 |
| (g) Any political subdivision may make
provision for | 6 |
| inspection of electrical installations within its
| 7 |
| jurisdiction, in which case it shall keep on file with the | 8 |
| Department
copies of its current inspection ordinances and | 9 |
| codes. Any political
subdivision may require any person holding | 10 |
| a license from the Department
to pay any license, registration | 11 |
| fee, or permit fees.
Any political subdivision may provide by | 12 |
| ordinance a
requirement that each person doing electrical work | 13 |
| within the jurisdiction of the
political subdivision have on | 14 |
| file with the political subdivision a copy
of the current | 15 |
| license issued by the Department or other evidence of
the | 16 |
| license as may be provided by the Department. Each electrical
| 17 |
| inspector of any political subdivision shall hold a license as | 18 |
| a journeyman electrician or be certified to conduct electrical | 19 |
| inspections by a nationally recognized inspector certification | 20 |
| program under the rules adopted by the Department for the | 21 |
| enforcement of this Act. The political subdivision may appoint | 22 |
| or employ inspectors to be employed on a full-time or part-time | 23 |
| basis. An electrical inspector employed by a political | 24 |
| subdivision and engaged in the regulation and inspection of | 25 |
| electrical wiring activities regulated under this Act on | 26 |
| January 1, 2007 shall be permitted to conduct electrical | 27 |
| inspections for 2 years from the application date. Thereafter, | 28 |
| the inspector must meet all of the requirements of this Act. | 29 |
| Section 100. Violations. | 30 |
| (a) Any person violating any provision of this Act or its | 31 |
| rules
shall be guilty of a Class B misdemeanor
and fined a | 32 |
| minimum of $100 for the first offense. A second or
subsequent | 33 |
| violation of this Act shall be a Class A misdemeanor
with a |
|
|
|
09300HB1004sam004 |
- 30 - |
LRB093 05702 AMC 52190 a |
|
| 1 |
| minimum fine of $200. Each day a violation continues | 2 |
| constitutes a
separate
offense. The State's Attorney of the | 3 |
| County in which the violation occurred
or the Attorney General | 4 |
| may prosecute these actions in the name of the People
of the | 5 |
| State of Illinois. The court may enjoin the use of electricity
| 6 |
| installed in violation of this Act or its rules
until it has | 7 |
| been corrected to comply with the National Electrical Code.
| 8 |
| (b) If it is established that the defendant, contrary to | 9 |
| this Act, has
been engaging, is engaging, or is about to engage | 10 |
| in electrical work without
having been
issued a license, or has | 11 |
| been engaging or is about to engage in electrical work
after
| 12 |
| his or her license has been suspended or revoked or after his | 13 |
| or her license
has not been
renewed, the Department may levy a | 14 |
| penalty not to exceed $5,000 per offense.
This penalty shall be | 15 |
| assessed by the Department after a hearing is held in
| 16 |
| accordance with the provisions set forth in Section 50 of this | 17 |
| Act. | 18 |
| Section 110. Administrative Procedure Act; application. | 19 |
| The provisions of the Illinois Administrative Procedure Act
are | 20 |
| expressly adopted and shall apply to all
administrative rules | 21 |
| and procedures of the Department of Public Health under this
| 22 |
| Act, except that Section 5-50 of the Illinois Administrative | 23 |
| Procedure Act
relating to procedures for rulemaking does not | 24 |
| apply to the adoption of
any rule required by federal law in | 25 |
| connection with which the Department is
precluded by law from | 26 |
| exercising any discretion. | 27 |
| Section 115. Review under Administrative Review Law. All | 28 |
| final administrative decisions of the Director under this Act | 29 |
| shall be
subject to judicial review under the Administrative
| 30 |
| Review Law and its rules. | 31 |
| Section 120. Home rule. A
home rule unit may not regulate |
|
|
|
09300HB1004sam004 |
- 31 - |
LRB093 05702 AMC 52190 a |
|
| 1 |
| electricians and electrical contractors in a manner less | 2 |
| restrictive than
the regulation by the State of electricians | 3 |
| and electrical contractors.
This Section is a limitation under | 4 |
| subsection (i) of Section 6 of Article
VII of the Illinois | 5 |
| Constitution on the concurrent exercise by home rule
units of | 6 |
| powers and functions exercised by the State.
| 7 |
| Section 900. The Regulatory Sunset Act is amended by adding | 8 |
| Section
4.25 as follows:
| 9 |
| (5 ILCS 80/4.25 new)
| 10 |
| Sec. 4.25. Act repealed on January 1, 2015. The following | 11 |
| Act is repealed on January 1, 2015:
| 12 |
| The Electricians Licensing Act.
| 13 |
| Section 905. The State Finance Act is amended by adding | 14 |
| Section
5.625 as follows:
| 15 |
| (30 ILCS 105/5.625 new)
| 16 |
| Sec. 5.625. The Electricians Licensing Dedicated Fund. ".
|
|