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093_SB1880
LRB093 08373 AMC 11350 b
1 AN ACT concerning the regulation of electricians.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
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
7 by 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
13 the health of the public, it is essential that electrical
14 wiring be installed by persons who have proven their skill in
15 installing 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,
19 repair, and maintain electrical wiring systems shall be
20 individuals of proven skill. Further, the General Assembly
21 declares that a guide for minimum control of electrical
22 materials and equipment, the design of electrical systems,
23 and the construction and installation methods of electrical
24 systems is essential for the protection of public health. In
25 order to insure proper electrical wiring practice, this Act
26 provides for the licensing of electricians and electrical
27 contractors and for the adoption of the National Electrical
28 Code as standards by the Department. This Act is therefore
29 declared to be essential to the public interest.
30 Section 10. Definitions. As used in this Act:
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1 "Approved apprenticeship program" means an apprenticeship
2 program approved by the United States Department of Labor
3 Bureau of Apprenticeship and Training.
4 "Board" means the Illinois State Board of Electrical
5 Examiners.
6 "Department" means the Illinois Department of Labor.
7 "Director" means the Director of the Illinois Department
8 of Labor.
9 "Electrical contractor" means a person, firm, or
10 corporation operating a business that undertakes or offers to
11 undertake to plan for, lay out, supervise, or install or to
12 make additions, alterations, maintenance, or repairs in the
13 installation of wiring, apparatus or equipment for electric
14 light, heat, or power with or without compensation and who is
15 licensed as an electrical contractor by the Department of
16 Labor. An electrical contractor's license does not of itself
17 qualify its holder to perform the electrical work authorized
18 by holding any class of electrician's license.
19 "Electrical work" means the wiring, installation,
20 maintenance, and repair of electrical wiring, apparatus, and
21 equipment and the planning, laying out, and supervision of
22 the installation, maintenance, and repair of such wiring,
23 apparatus, and equipment for electric heat, light, and power.
24 "Governmental unit" means a city, village, incorporated
25 town, or county.
26 "Journeyman electrician" means a person having the
27 necessary qualifications, training, experience, and technical
28 knowledge to wire for, install, maintain, and repair
29 electrical wiring, apparatus, and equipment who is licensed
30 as a journeyman electrician by the Department of Labor.
31 "Master electrician" means a person having the necessary
32 qualifications, training, experience, and technical knowledge
33 to install, maintain, and repair and to properly plan, lay
34 out, and supervise the installation of wiring, apparatus, and
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1 equipment for electric light, heat, power, and other purposes
2 who is licensed as a master electrician by the Department of
3 Labor.
4 "Owner" means a natural person who physically performs
5 electrical work on premises the person owns and actually
6 occupies as a single family residence or owns and will occupy
7 as a single family residence upon completion of construction.
8 "Registered apprentice" means a person registered with
9 the Department of Labor, who is learning the trade under the
10 supervision of a licensed electrician.
11 "Residential electrician" means a person having the
12 necessary qualifications, training, experience, and technical
13 knowledge involving the construction, wiring, alteration,
14 maintenance, or repair of single family houses or apartment
15 buildings and who is licensed as a residential electrician by
16 the Department of Labor.
17 "Supervision" means that any new electrical work done by
18 a registered apprentice electrician must be inspected at
19 least once after initial rough-in and once upon completion by
20 an Illinois licensed electrician. In addition, all
21 renovation, alteration, repair, extension, modification, and
22 maintenance work done by a registered apprentice electrician
23 on an existing electrical system must be approved by an
24 Illinois licensed electrician.
25 Section 15. Board of Electrical Examiners. There is
26 created the Illinois State Board of Electrical Examiners
27 which shall exercise its duties provided in this Act under
28 the supervision of the Department of Labor. The Board shall
29 consist of 11 members appointed by the Director of Labor. The
30 Board shall be composed of 3 licensed master electricians, 3
31 licensed electrical contractors who are members of the
32 National Electrical Contractors Association, one licensed
33 electrical engineer, one electrical inspector who holds a
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1 master or journeyman electrician's license, one
2 representative of a public utility, the State Fire Marshal,
3 and a member of the general public. In making the
4 appointments to the Board, the Director shall consider the
5 recommendations of individuals, firms, or organizations
6 involved in electrical wiring installation in this State.
7 The Director shall also take into consideration the minority
8 representation in the population when making appointments to
9 the Board. Members of the Board shall serve 4 year terms and
10 until their successors are appointed and qualified. The
11 initial appointments, however, shall be as follows: 3 members
12 for terms of 2 years, 3 members for 3 years, and 4 members
13 for 4 years. The State Fire Marshal's service on the Board
14 shall be continuous. Board members shall receive no
15 compensation but shall be reimbursed for expenses incurred in
16 connection with their duties as Board members.
17 Section 20. Powers and duties of the Director. The
18 Director shall take all actions necessary under this Act to
19 carry out the duties and responsibilities of the Department
20 under this Act. The Director, with the assistance of the
21 Board, shall:
22 (a) prepare and issue licenses and provide for
23 registration as provided in this Act;
24 (b) prescribe rules and regulations for examination
25 of applicants for master, journeyman, and residential
26 licenses;
27 (c) prepare and give uniform examinations to
28 applicants for master, journeyman, and residential
29 licenses that shall test their knowledge and
30 qualifications in the planning and design of electrical
31 systems, their knowledge, qualifications, and manual
32 skills in electrical installations, and their knowledge
33 of the National Electrical Code relating to materials,
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1 design, and installation of methods of electrical
2 systems;
3 (d) issue electrical contractor and master,
4 journeyman, and residential licenses and license renewals
5 to applicants who have met the requirements for licensure
6 and complied with all the prerequisites to licensure;
7 (e) prescribe rules for hearings to deny, suspend,
8 revoke, or reinstate licenses as provided in this Act;
9 (f) maintain a current record showing (i) the names
10 and addresses of licensed electrical contractors, master,
11 journeyman, and residential electricians, and registered
12 apprentices; (ii) the dates of issuance of licenses;
13 (iii) the date and substance for the charges set forth in
14 any hearing for denial, suspension, or revocation of any
15 license; (iv) the date and substance of the final order
16 issued upon a hearing; and (v) the date and substance of
17 all petitions for reinstatement of license and final
18 orders on petitions;
19 (g) establish and collect fees for the examination,
20 issuance, and renewal of licenses;
21 (h) provide for the inspection of new electrical
22 installations in construction, remodeling, replacement,
23 maintenance, and repair work, where required by this Act;
24 (i) establish and collect fees for the handling and
25 inspection of new electrical installations; and
26 (j) formulate and publish rules necessary or
27 appropriate to carrying out the provisions of this Act.
28 Section 25. License and registration.
29 (a) Master electrician. Except as otherwise provided by
30 law, no person shall plan, install, repair, maintain, lay
31 out, or supervise the installation of wiring, apparatus, or
32 equipment for electrical light, heat, power, or other
33 purposes unless the person is:
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1 (1) licensed by the Department as a master
2 electrician; and
3 (2) the work is for a licensed electrical
4 contractor and the person is the licensed electrical
5 contractor or an employee, partner, or officer of the
6 licensed electrical contractor, or the work is performed
7 for the person's employer on electrical equipment,
8 apparatus, or facilities owned or leased by the employer
9 that is located within the limits of property owned or
10 leased, operated, and maintained by the employer.
11 An applicant for a master electrician's license shall (i)
12 have a Bachelor of Science degree from an accredited
13 electrical engineering program and have had at least one
14 year's experience, acceptable to the Board, as a licensed
15 journeyman; (ii) have had at least 5 years experience,
16 acceptable to the Board, in planning for, laying out,
17 supervising, and installing wiring, apparatus, or equipment
18 for electrical light, heat, and power; or (iii) have had at
19 least 6 years experience, acceptable to the Board, with an
20 electrical contracting company in planning, estimating,
21 laying out, and supervising, under the supervision of a
22 licensed master electrician, the installation of electrical
23 work for electric light, heat, and power.
24 (b) Journeyman electrician. Except as otherwise
25 provided by law, no person shall wire for, install, maintain,
26 or repair electrical wiring, apparatus, or equipment, unless
27 the person is licensed by the Department as a journeyman
28 electrician employed by a licensed electrical contractor.
29 Nothing in this subsection (b), however, shall prohibit a
30 master electrician from performing the work of a journeyman
31 electrician.
32 An applicant for a journeyman electrician's license shall
33 have had at least 5 years of experience, acceptable to the
34 Board, in wiring for, installing, and repairing electrical
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1 wiring, apparatus, or equipment. The Department may by rule
2 provide for the allowance of one year of experience credit
3 for successful completion of a 2 year post high school
4 electrical course approved by the Board.
5 (c) Registered apprentice. A person who is enrolled in
6 an approved apprenticeship program may perform electrical
7 work only under the supervision of a licensed electrician.
8 All apprentices shall be registered with the Department.
9 (d) Residential electrician. Except as otherwise
10 provided by law, no person shall construct, wire, alter,
11 maintain, or repair single family houses or apartment
12 buildings unless the person is licensed by the Department as
13 a residential electrician employed by a licensed electrical
14 contractor. Nothing in this subsection (d), however, shall
15 prohibit a master electrician or journeyman electrician from
16 performing the work of a residential electrician.
17 An applicant for a residential electrician's license
18 shall have had at least 4 years of experience, acceptable to
19 the Board, in having the necessary qualifications, training,
20 and technical knowledge involving the construction, wiring,
21 alteration, or repair of single family houses or apartment
22 buildings. The Department may by rule provide for the
23 allowance of one year of experience credit for successful
24 completion of a 2 year post high school electrical course
25 approved by the Board.
26 (e) Contractors. Except as otherwise provided by law,
27 no person other than an employee of a licensed electrical
28 contractor as defined in this Act shall undertake or offer to
29 undertake to plan for, lay out, supervise, or install or to
30 make additions, alterations, or repairs in the installation
31 of, or to maintain, wiring apparatus and equipment for
32 electrical light, heat, or power with or without compensation
33 unless the person obtains an electrical contractor's license.
34 An electrical contractor's license shall be issued by the
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1 Department upon the contractor's giving bond to the State in
2 an amount to be determined by the Department. The bond shall
3 be filed with the Department and shall be in lieu of all
4 other license bonds to any political subdivision. The bond
5 shall be written by a corporate surety licensed to do
6 business in the State of Illinois.
7 Each licensed electrical contractor shall have and
8 maintain in effect insurance. Specific insurance requirements
9 and minimum limits per occurrence are as follows: (a)
10 commercial general liability, $1,000,000; fire damage,
11 $50,000; medical expenses, $5,000; personal injury,
12 $1,000,000; general aggregate, $2,000,000; products and
13 completed operations coverage, $1,000,000; automobile
14 liability, each auto $1,000,000 combined single limit; excess
15 liability, $10,000,000; and workers compensation and
16 employers liability with limits as required by Illinois law.
17 The insurance shall be written by an insurer licensed to do
18 business in the State of Illinois and each licensed
19 electrical contractor shall maintain on file with the
20 Department a certificate evidencing insurance that provides
21 that the insurance shall not be cancelled without the insurer
22 first giving 15 days written notice to the Department of the
23 cancellation.
24 No contractor shall engage in business unless he or she
25 is or has in his or her employ a licensed master electrician,
26 who shall be responsible for the performance of all
27 electrical work in accordance with the requirements of this
28 Act. When an electrical contractor's license is held by an
29 individual, partnership, or corporation and the individual,
30 one of the partners, or an officer of the corporation,
31 respectively, is not the responsible master electrician of
32 record, all requests for inspection shall be signed by the
33 responsible master electrician of record. The application
34 for an electrical contractor's license must include a
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1 verified statement that the designated responsible master
2 electrician is a full time employee of the individual,
3 partnership, or corporation applying for an electrical
4 contractor's license. For purposes of this Section, a full
5 time employee of a licensed electrical contractor is an
6 individual who is not employed in any capacity as a licensed
7 electrician by any other electrical contractor.
8 (f) The Department shall prepare guidelines as to what
9 work experience qualifies in determining whether an applicant
10 meets the requirements for licensure under the Act. The
11 Board has discretion in determining whether any particular
12 applicant's experience shall count toward the experience
13 necessary for licensure under this Act.
14 Section 30. Examination. In addition to other
15 requirements imposed by this Act and except as otherwise
16 provided in this Act, as a precondition to issuance of an
17 electrician's license, each applicant must pass a written
18 examination given by the Department for the type of license
19 sought to insure the competence of each applicant for
20 license. No person failing an examination may retake it for
21 6 months, but may, within 6 months, take an examination for a
22 lesser grade of license. Any licensee failing to renew his
23 or her license for 2 years or more after its expiration shall
24 be required to retake the examination before he or she is
25 issued a new license.
26 Section 35. Military exemption. The Department shall
27 reinstate a license that expires while a licensee is in
28 active Military Service of the United States upon application
29 to the Department by the licensee within 2 years after
30 termination of the military service, payment of the annual
31 license fee, and submission of evidence of the military
32 service. The license shall be reinstated without examination
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1 and without payment of the lapsed renewal fee.
2 Section 40. Expiration of license; fees. All licenses
3 issued under this Act shall expire annually in a manner as
4 provided by the Department. Application, renewal, and all
5 other fees provided for in this Act shall be established by
6 the Department by rule.
7 Section 45. Grounds for discipline. The Department may
8 by order deny, suspend, revoke, or refuse to renew a license,
9 or may censure a licensee if it finds that it is in the
10 public interest to do so and that the applicant or licensee:
11 (a) has filed an application for a license that contains
12 any statement that, in light of the circumstances under which
13 it is made, is false or misleading with respect to any
14 material fact;
15 (b) has engaged in any fraudulent, deceptive, or
16 dishonest practice;
17 (c) has been convicted within the past 5 years of a
18 misdemeanor involving a violation of this Act; or
19 (d) has violated or failed to comply with this Act or
20 its rules or any order issued under this Act. A violation
21 need not be willful.
22 The Department may adopt rules further specifying the
23 grounds for suspension, revocation, and refusal to renew a
24 license and establishing standards of conduct for licensees.
25 Section 50. Hearing procedure.
26 (a) The Board, may upon its own motion, investigate the
27 actions of any person holding or claiming to hold a license
28 if there is reason to believe such person has engaged or is
29 engaging in activity that constitutes grounds for discipline
30 under Section 45 of this Act.
31 (b) The Board shall, at least 10 days prior to the date
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1 set for the hearing and before refusing to issue or renew,
2 suspend, or revoke any license, notify the applicant or
3 holder of the license, in writing, of any charges made, and
4 shall afford him or her an opportunity to be heard in person
5 or by counsel. The notice may be served by personal delivery
6 to the accused person or by registered mail to the last place
7 of business specified by the accused person in the
8 notification to the Agency.
9 (c) At the time and place fixed in the notice, the Board
10 shall proceed to the hearing of the charges and both the
11 accused person and the complainant shall be accorded ample
12 opportunity to present, in person or by counsel, any
13 statement, testimony, evidence, or argument that may be
14 pertinent to the charges or to any defense against the
15 charges. The Board may continue the hearing from time to
16 time. If the Board is not sitting at the time and place to
17 which the hearing has been continued, the Department may
18 continue the hearing for a period not to exceed 30 days, and
19 all parties in interest shall be given notice in writing of
20 the date and hour to which the hearing has been continued and
21 the place at which it is to be held.
22 Section 55. Nonpayment of taxes. The Department may
23 refuse to issue or may suspend the license of any person who
24 fails (i) to file a federal of State tax return, (ii) to pay
25 the tax, penalty, or interest shown in a filed return, or
26 (iii) to pay any final assessment of tax, penalty, or
27 interest, as required by any tax Act administered by the
28 Illinois Department of Revenue, until the time the
29 requirements of the tax Act are satisfied.
30 Section 60. Continuation of business by estates. Upon
31 the death of a master electrician who is an electrical
32 contractor, the Department may permit the decedent's
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1 representative to carry on the business of the decedent for a
2 period not in excess of 6 months, for the purpose of
3 completing work under contract or otherwise to comply with
4 this Act. The decedent's representative may petition the
5 Board for an extension of the 6 month period in the event he
6 or she can demonstrate undue hardship or other special
7 circumstances. The extension may be granted at the
8 recommendation of the Board, subject to Department approval.
9 The representative shall give any bond as the Department may
10 require conditioned upon the faithful and lawful performance
11 of the work. The bond shall be for the benefit of persons
12 injured or suffering financial loss by reason of failure of
13 performance. The bond shall be written by a corporate surety
14 licensed to do business in the State of Illinois. The
15 decedent's representative shall also comply with all public
16 liability and property damage insurance requirements imposed
17 by this Act upon a licensed electrical contractor.
18 Section 65. Reciprocity. The Department may grant a
19 license, without examination, of the same grade and class to
20 an electrician who has been licensed by any other state that
21 provides for the licensing of electricians in a similar
22 manner. The license may be granted for at least one year,
23 upon payment by the applicant of the required fee and upon
24 the Department being furnished with proof that the
25 qualifications of the applicant are equal to the
26 qualifications of holders of similar licenses in Illinois.
27 Section 70. Exemptions.
28 (a) Employees of, or independent contractors performing
29 work for, any electric utility or electric utility affiliate,
30 or communications or railway utility or any electric system
31 owned and operated by a municipal corporation or unit of
32 local government (notwithstanding any other provision of this
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1 Act), electric cooperative as defined in Section 3.4 of the
2 Electric Supplier Act, telephone or telecommunications
3 cooperative as defined in Section 13-212 of the Public
4 Utilities Act, or a telephone company shall not be required
5 to hold a license while performing work on installations,
6 materials, or equipment that are owned or leased, operated,
7 and maintained by the electric utility or electric utility
8 affiliate, communications or railway utility, electric system
9 owned and operated by a municipal corporation or unit of
10 local government, electric, telephone, or telecommunications
11 cooperative, or telephone company in the exercise of its
12 utility or telephone function, and that (i) are used
13 exclusively for the generation, transformation, distribution,
14 transmission, or metering of electric current, or the
15 operation of railway signals, or the transmission of
16 intelligence and do not have as a principal function the
17 consumption or use of electric current by or for the benefit
18 of any person other than the electric utility or electric
19 utility affiliate, communications or railway utility,
20 electric system owned and operated by a municipal corporation
21 or unit of local government, electric, telephone, or
22 telecommunications cooperative, or telephone company and (ii)
23 are generally accessible only to employees of the electric
24 utility or electric utility affiliate, communications or
25 railway utility, electric system owned and operated by a
26 municipal corporation or unit of local government, electric,
27 telephone, or telecommunications cooperative, or telephone
28 company or persons acting under its control or direction.
29 (b) An owner shall not be required to hold a license
30 under this Act. Nevertheless, electrical work performed by
31 an owner shall comply with the minimum standards contained in
32 the National Electrical Code and shall be subject to
33 inspection by the Department. An owner shall not employ
34 anyone other than an electrician licensed under this Act to
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1 assist him or her.
2 (c) Any city, village, or incorporated town having a
3 population of 500,000 or more may, by an ordinance containing
4 provisions substantially the same as those in this Act and
5 specifying educational or experience requirements equivalent
6 to those prescribed in the Act, provide for a board of
7 electrical examiners to conduct examinations for, and to
8 issue, suspend, or revoke, electricians' licenses within the
9 city, village, or incorporated town. Upon the enactment of
10 such an ordinance, the provisions of this Act shall not apply
11 within that municipality except as otherwise provided in this
12 Act. Any person licensed as an electrician under a local
13 ordinance, or licensed by the Department under this Act, may
14 engage in electrical wiring installation anywhere in this
15 State.
16 (d) 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 For purposes of this subsection, "farm" means land or a
22 building appurtenant to land that is used for an agricultural
23 purpose or for a purpose accessory to an agriculture purpose.
24 (e) Employees of a manufacturing corporation having
25 2,000 or more employees that engage in activities normally
26 requiring licensure under this Act are exempt when such
27 activities are incidental to the operation or maintenance of
28 its existing business and facilities. A manufacturing
29 corporation that is involved in new construction that results
30 in the expansion of its business and facilities must utilize
31 licensed electricians for any associated electrical work.
32 (f) The minor repair of existing electrical systems does
33 not require licensure under this Act. For the purposes of
34 this subsection, "minor repair" means repairs to existing
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1 electrical systems that do not require a permit to be issued
2 under any local ordinance.
3 Section 75. Governmental units. No municipal
4 corporation or political subdivision shall engage in
5 electrical work unless the electrical work is performed by
6 one or more licensed electricians or apprentice electricians
7 under the supervision of licensed electricians. A
8 governmental unit may, however, contract for electrical work
9 with any person authorized to engage in electrical work in
10 this State.
11 Section 80. Display of license. Persons who advertise
12 electrical wiring services shall, at their place of business,
13 display the master electrician's license of at least one
14 member of the firm, partnership or officer of the corporation
15 and shall maintain a register listing the names and license
16 numbers of all licensed electricians and all registered
17 apprentices currently employed by them. When advertising
18 electrical wiring services, the license number shall be
19 included in all forms of written or printed advertising and
20 included with the electrical wiring identification of
21 vehicles. The Department may, by rule or regulation, require
22 additional information concerning licensed electricians and
23 registered apprentices to be maintained in the register.
24 Section 85. Safety standards. All electrical wiring,
25 apparatus, and equipment for electric light, heat, and power
26 shall comply with all applicable rules of the Department of
27 Labor and shall be installed in conformity with accepted
28 standards of construction for safety to life and property.
29 For the purposes of this Act, the regulations and safety
30 standards stated at the time the work is done in the then
31 most recently published edition of the National Electrical
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1 Code as adopted by the National Fire Protection Association,
2 Inc. and approved by the American National Standards
3 Institute, and the National Electrical Safety Code as
4 published by the Institute of Electrical and Electronics
5 Engineers, Inc. and approved by the American National
6 Standards Institute, shall be prima facie evidence of
7 accepted standards of construction for safety to life and
8 property. In the event an Illinois building code is
9 formulated containing approved methods of electrical
10 construction for safety to life and property, compliance with
11 the methods of electrical construction of that code shall
12 also constitute compliance with this Section. Nothing in
13 this Act shall prohibit any political subdivision from making
14 and enforcing more stringent requirements than set forth in
15 this Act and those requirements shall be complied with by all
16 licensed electricians working within the jurisdiction of that
17 political subdivision; except that nothing in this Act shall
18 be construed to give a political subdivision the authority to
19 apply those standards or requirements to electrical work
20 performed on a farm.
21 Section 90. Inspections.
22 (a) Except where any political subdivision has by
23 ordinance provided for electrical inspection similar to that
24 provided in this Act, every new electrical installation in
25 any construction, remodeling, replacement, or repair shall be
26 inspected by the Department for compliance with accepted
27 standards of construction for safety to life and property.
28 (b) No such inspections shall be required for electrical
29 work performed by persons exempt from licensure under Section
30 70 of this Act; except that inspections shall be required for
31 work performed under subsection (b) of Section 70.
32 (c) All inspectors for the Department shall hold
33 licenses as master or journeyman electricians under this Act.
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1 Section 95. Procedures for inspection.
2 (a) At or before commencement of any installation
3 required to be inspected by the Department, the electrical
4 contractor or owner making the installation shall submit to
5 the Department a request for inspection, in a form prescribed
6 by the Department, together with the fees required for the
7 installation.
8 (b) The fees required are a handling fee and an
9 inspection fee. The handling fee shall be set by the
10 Department in an amount sufficient to pay the cost of
11 bringing and handling the form requesting an inspection. The
12 inspection fee shall be set by the Department in an amount
13 sufficient to pay the actual costs of the inspection and the
14 Department's costs in administering the inspection.
15 (c) If the inspector finds that the installation is not
16 in compliance with accepted standards of construction for
17 safety to life and property as required by this Act, the
18 inspector shall, by written order, condemn the installation
19 or the noncomplying portion of the installation, or order
20 service to the installation disconnected, and shall send a
21 copy of the order to the Department. If the installation or
22 the noncomplying part will seriously and proximately endanger
23 human life and property, the order of the inspector, when
24 approved by the inspector's superior, shall require immediate
25 condemnation or disconnection. In all other cases, the order
26 of the inspector shall permit a reasonable opportunity for
27 the installation to be brought into compliance with accepted
28 standards of construction for safety to life and property
29 prior to the effective time established for condemnation or
30 disconnection.
31 (d) Copies of each condemnation or disconnection order
32 shall be served personally or by mail upon the property
33 owner, the electrical contractor or electrician making the
34 installation, and other persons as the Department by rule may
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1 direct. An aggrieved party may appeal any condemnation or
2 disconnection order by filing with the Department a notice of
3 appeal within 10 days after (i) service upon the aggrieved
4 party of the condemnation or disconnection order, if this
5 service is required or (ii) filing of the order with the
6 Department, whichever is later. The Department shall adopt
7 rules providing procedures for the conduct of appeals,
8 including provisions for the stay of enforcement of the order
9 of the inspector pending an appeal when justified by the
10 circumstances.
11 (e) The inspectors of the Department shall have the
12 authority to enter any building or premises at any reasonable
13 hour in the discharge of their duties, and they shall have
14 the authority, when necessary, to order the removal of any
15 existing obstructions such as laths, plastering, boarding, or
16 partitions that may prevent a proper inspection of the
17 electrical installation.
18 (f) No electrical installation subject to inspection by
19 the Department shall be newly connected or reconnected for
20 use until there is filed, with the electrical utility
21 supplying power, a certificate of the property owner or
22 licensed electrician directing the work that inspection has
23 been requested and that the conditions of the installation
24 are safe for energization. In all cases where an order of
25 condemnation or disconnection has been issued against the
26 installation or any part of the installation, prior to
27 connection or reconnection, there shall also first be filed
28 with the electrical utility supplying the power a copy of an
29 order of the inspector or the Department dismissing the prior
30 order of condemnation or disconnection or approving the
31 installation as being in compliance with accepted standards
32 of construction for safety to life and property. With
33 respect to transient projects, this certificate shall also
34 contain a certification that the request for inspection has
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1 been or will be filed with the Department so as to be
2 received by it at least 5 days prior to the date and time
3 energization of the installation by the utility is to occur,
4 and that the request for inspection states the date and time.
5 It shall be the responsibility of the Department to have
6 inspection of the transient project occur prior to the date
7 and time at which the request states energization is to
8 occur.
9 (g) Any political subdivision may make provision for
10 inspection of electrical installations within its
11 jurisdiction, in which case it shall keep on file with the
12 Department copies of its current inspection ordinances and
13 codes. Any political subdivision may require any individual,
14 partnership, corporation, or other business association
15 holding a license from the Department to pay any license,
16 registration fee, or permit fees. Any political subdivision
17 may provide by ordinance a requirement that each individual,
18 partnership, corporation, or other business association doing
19 electrical work within the jurisdiction of the political
20 subdivision have on file with the political subdivision a
21 copy of the current license issued by the Department or other
22 evidence of the license as may be provided by the Department.
23 Each electrical inspector of any political subdivision shall
24 be a licensed master or journeyman electrician under this
25 Act.
26 Section 100. Violations.
27 (a) Any person violating any provision of this Act or
28 its rules shall be guilty of a Class B misdemeanor and fined
29 a minimum of $100 for the first offense. A second or
30 subsequent violation of this Act shall be a Class A
31 misdemeanor with a minimum fine of $200. Each day a violation
32 continues constitutes a separate offense. The State's
33 Attorney of the County in which the violation occurred or the
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1 Attorney General may prosecute these actions in the name of
2 the People of the State of Illinois. The court may enjoin the
3 use of electricity installed in violation of this Act or its
4 rules until it has been corrected to comply with the National
5 Electrical Code.
6 (b) If it is established that the defendant, contrary to
7 this Act, has been engaging, is engaging, or is about to
8 engage in electrical work without having been issued a
9 license, or has been engaging or is about to engage in
10 electrical work after his or her license has been suspended
11 or revoked or after his or her license has not been renewed,
12 the Department may levy a penalty not to exceed $5,000 per
13 offense. This penalty shall be assessed by the Department
14 after a hearing is held in accordance with the provisions set
15 forth in Section 50 of this Act.
16 Section 105. Electricians practicing before this Act.
17 Electrical contractors who are in business on January 1, 2004
18 and who file a license application with the Department within
19 180 days after the effective date of this Act shall be
20 granted a license which shall be valid for one year from the
21 date of issuance. Thereafter, electrical contractors shall
22 comply with all of the requirements of this Act. These
23 licenses shall be subject to annual renewal as provided in
24 this Act.
25 Persons who have a minimum of 5 years experience in
26 performing electrical work as defined in this Act on January
27 1, 2004 and who file a license application with the
28 Department within 180 days after January 1, 2004 shall be
29 granted a license without examination, which shall be valid
30 for one year from the date of issuance. The category of
31 initial licensure shall be determined by the Department.
32 These licenses shall be subject to annual renewal as provided
33 in this Act.
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1 Electrical inspectors who are employed by a governmental
2 unit and engaged in the regulation and inspection of
3 electrical wiring activities regulated under this Act on
4 January 1, 2004, and who file an application with the
5 Department within 180 days after January 1, 2004, shall be
6 permitted to conduct electrical inspections for one year from
7 the application date. Thereafter, the inspectors must meet
8 all of the requirements of this Act.
9 Section 110. Administrative Procedure Act; application.
10 The provisions of the Illinois Administrative Procedure Act
11 are expressly adopted and shall apply to all administrative
12 rules and procedures of the Department of Labor under this
13 Act, except that Section 5 of the Illinois Administrative
14 Procedure Act relating to procedures for rulemaking does not
15 apply to the adoption of any rule required by federal law in
16 connection with which the Department is precluded by law from
17 exercising any discretion.
18 Section 115. Review under Administrative Review Law. All
19 final administrative decisions of the Director under this Act
20 shall be subject to judicial review under the Administrative
21 Review Law and its rules.
22 Section 120. Home rule. A home rule unit may not
23 regulate the licensing of electricians and electrical
24 contractors in a manner inconsistent with the regulation by
25 the State of electricians and electrical contractors. This
26 Section is a limitation under subsection (i) of Section 6 of
27 Article VII of the Illinois Constitution on the concurrent
28 exercise by home rule units of powers and functions exercised
29 by the State.
30 Section 900. The Regulatory Sunset Act is amended by
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1 changing Section 4.24 as follows:
2 (5 ILCS 80/4.24)
3 Sec. 4.24. Acts repealed on January 1, 2014. The
4 following Acts are repealed on January 1, 2014:
5 The Electricians Licensing Act.
6 The Electrologist Licensing Act.
7 The Illinois Public Accounting Act.
8 (Source: P.A. 92-457, eff. 8-21-01; 92-750, eff. 1-1-03.)
9 Section 999. Effective date. This Act takes effect on
10 January 1, 2004.
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