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093_SB1880sam001
LRB093 08373 AMC 13053 a
1 AMENDMENT TO SENATE BILL 1880
2 AMENDMENT NO. . Amend Senate Bill 1880 by replacing
3 everything after the enacting clause with the following:
4 "Section 1. Short title. This Act may be cited as the
5 Electricians Licensing Act.
6 Section 5. Purpose and policy. It has been established
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,
-2- LRB093 08373 AMC 13053 a
1 and the construction and installation methods of electrical
2 systems is essential for the protection of public health. In
3 order to insure proper electrical wiring practice, this Act
4 provides for the licensing of electricians and electrical
5 contractors and for the adoption of the National Electrical
6 Code as standards by the Department. This Act is therefore
7 declared to be essential to the public interest.
8 Section 10. Definitions. As used in this Act:
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 Illinois Department of Labor.
15 "Director" means the Director of the Illinois Department
16 of Labor.
17 "Electrical contractor" means a person, firm, or
18 corporation operating a business that undertakes or offers to
19 undertake to plan for, lay out, supervise, or install or to
20 make additions, alterations, maintenance, or repairs in the
21 installation of wiring, apparatus or equipment for electric
22 light, heat, or power with or without compensation and who is
23 licensed as an electrical contractor by the Department of
24 Labor. An electrical contractor's license does not of itself
25 qualify its holder to perform the electrical work authorized
26 by holding any class of electrician's license.
27 "Electrical work" means the wiring, installation,
28 maintenance, and repair of electrical wiring, apparatus, and
29 equipment and the planning, laying out, and supervision of
30 the installation, maintenance, and repair of such wiring,
31 apparatus, and equipment for electric heat, light, and power.
32 "Governmental unit" means a city, village, incorporated
33 town, or county.
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1 "Journeyman electrician" means a person having the
2 necessary qualifications, training, experience, and technical
3 knowledge to wire for, install, maintain, and repair
4 electrical wiring, apparatus, and equipment who is licensed
5 as a journeyman electrician by the Department of Labor.
6 "Master electrician" means a person having the necessary
7 qualifications, training, experience, and technical knowledge
8 to install, maintain, and repair and to properly plan, lay
9 out, and supervise the installation of wiring, apparatus, and
10 equipment for electric light, heat, power, and other purposes
11 who is licensed as a master electrician by the Department of
12 Labor.
13 "Owner" means a natural person who physically performs
14 electrical work on premises the person owns and actually
15 occupies as a single family residence or owns and will occupy
16 as a single family residence upon completion of construction.
17 "Registered apprentice" means a person registered with
18 the Department of Labor, who is learning the trade under the
19 supervision of a licensed electrician.
20 "Residential electrician" means a person having the
21 necessary qualifications, training, experience, and technical
22 knowledge involving the construction, wiring, alteration,
23 maintenance, or repair of single family houses or apartment
24 buildings and who is licensed as a residential electrician by
25 the Department of Labor.
26 "Supervision" means that any new electrical work done by
27 a registered apprentice electrician must be inspected at
28 least once after initial rough-in and once upon completion by
29 an Illinois licensed electrician. In addition, all
30 renovation, alteration, repair, extension, modification, and
31 maintenance work done by a registered apprentice electrician
32 on an existing electrical system must be approved by an
33 Illinois licensed electrician.
-4- LRB093 08373 AMC 13053 a
1 Section 15. Board of Electrical Examiners. There is
2 created the Illinois State Board of Electrical Examiners
3 which shall exercise its duties provided in this Act under
4 the supervision of the Department of Labor. The Board shall
5 consist of 11 members appointed by the Director of Labor. The
6 Board shall be composed of 3 licensed master electricians, 3
7 licensed electrical contractors who are members of the
8 National Electrical Contractors Association, one licensed
9 electrical engineer, one electrical inspector who holds a
10 master or journeyman electrician's license, one
11 representative of a public utility, the State Fire Marshal,
12 and a licensed real estate professional. In making the
13 appointments to the Board, the Director shall consider the
14 recommendations of individuals, firms, or organizations
15 involved in electrical wiring installation in this State.
16 The Director shall also take into consideration the minority
17 representation in the population when making appointments to
18 the Board. Members of the Board shall serve 4 year terms and
19 until their successors are appointed and qualified. The
20 initial appointments, however, shall be as follows: 3 members
21 for terms of 2 years, 3 members for 3 years, and 4 members
22 for 4 years. The State Fire Marshal's service on the Board
23 shall be continuous. Board members shall receive no
24 compensation but shall be reimbursed for expenses incurred in
25 connection with their duties as Board members.
26 Section 20. Powers and duties of the Director. The
27 Director shall take all actions necessary under this Act to
28 carry out the duties and responsibilities of the Department
29 under this Act. The Director, with the assistance of the
30 Board, shall:
31 (a) prepare and issue licenses and provide for
32 registration as provided in this Act;
33 (b) prescribe rules and regulations for examination
-5- LRB093 08373 AMC 13053 a
1 of applicants for master, journeyman, and residential
2 licenses;
3 (c) prepare and give uniform examinations to
4 applicants for master, journeyman, and residential
5 licenses that shall test their knowledge and
6 qualifications in the planning and design of electrical
7 systems, their knowledge, qualifications, and manual
8 skills in electrical installations, and their knowledge
9 of the National Electrical Code relating to materials,
10 design, and installation of methods of electrical
11 systems;
12 (d) issue electrical contractor and master,
13 journeyman, and residential licenses and license renewals
14 to applicants who have met the requirements for licensure
15 and complied with all the prerequisites to licensure;
16 (e) prescribe rules for hearings to deny, suspend,
17 revoke, or reinstate licenses as provided in this Act;
18 (f) maintain a current record showing (i) the names
19 and addresses of licensed electrical contractors, master,
20 journeyman, and residential electricians, and registered
21 apprentices; (ii) the dates of issuance of licenses;
22 (iii) the date and substance for the charges set forth in
23 any hearing for denial, suspension, or revocation of any
24 license; (iv) the date and substance of the final order
25 issued upon a hearing; and (v) the date and substance of
26 all petitions for reinstatement of license and final
27 orders on petitions;
28 (g) establish and collect fees for the examination,
29 issuance, and renewal of licenses;
30 (h) provide for the inspection of new electrical
31 installations in construction, remodeling, replacement,
32 maintenance, and repair work, where required by this Act;
33 (i) establish and collect fees for the handling and
34 inspection of new electrical installations; and
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1 (j) formulate and publish rules necessary or
2 appropriate to carrying out the provisions of this Act.
3 Section 25. License and registration.
4 (a) Master electrician. Except as otherwise provided by
5 law, no person shall plan, install, repair, maintain, lay
6 out, or supervise the installation of wiring, apparatus, or
7 equipment for electrical light, heat, power, or other
8 purposes unless the person is:
9 (1) licensed by the Department as a master
10 electrician; and
11 (2) the work is for a licensed electrical
12 contractor and the person is the licensed electrical
13 contractor or an employee, partner, or officer of the
14 licensed electrical contractor, or the work is performed
15 for the person's employer on electrical equipment,
16 apparatus, or facilities owned or leased by the employer
17 that is located within the limits of property owned or
18 leased, operated, and maintained by the employer.
19 An applicant for a master electrician's license shall (i)
20 have a Bachelor of Science degree from an accredited
21 electrical engineering program and have had at least one
22 year's experience, acceptable to the Board, as a licensed
23 journeyman; (ii) have had at least 5 years experience,
24 acceptable to the Board, in planning for, laying out,
25 supervising, and installing wiring, apparatus, or equipment
26 for electrical light, heat, and power; or (iii) have had at
27 least 6 years experience, acceptable to the Board, with an
28 electrical contracting company in planning, estimating,
29 laying out, and supervising, under the supervision of a
30 licensed master electrician, the installation of electrical
31 work for electric light, heat, and power.
32 (b) Journeyman electrician. Except as otherwise
33 provided by law, no person shall wire for, install, maintain,
-7- LRB093 08373 AMC 13053 a
1 or repair electrical wiring, apparatus, or equipment, unless
2 the person is licensed by the Department as a journeyman
3 electrician employed by a licensed electrical contractor.
4 Nothing in this subsection (b), however, shall prohibit a
5 master electrician from performing the work of a journeyman
6 electrician.
7 An applicant for a journeyman electrician's license shall
8 have had at least 5 years of experience, acceptable to the
9 Board, in wiring for, installing, and repairing electrical
10 wiring, apparatus, or equipment. The Department may by rule
11 provide for the allowance of one year of experience credit
12 for successful completion of a 2 year post high school
13 electrical course approved by the Board.
14 (c) Registered apprentice. A person who is enrolled in
15 an approved apprenticeship program may perform electrical
16 work only under the supervision of a licensed electrician.
17 All apprentices shall be registered with the Department.
18 (d) Residential electrician. Except as otherwise
19 provided by law, no person shall construct, wire, alter,
20 maintain, or repair single family houses or apartment
21 buildings unless the person is licensed by the Department as
22 a residential electrician employed by a licensed electrical
23 contractor. Nothing in this subsection (d), however, shall
24 prohibit a master electrician or journeyman electrician from
25 performing the work of a residential electrician.
26 An applicant for a residential electrician's license
27 shall have had at least 4 years of experience, acceptable to
28 the Board, in having the necessary qualifications, training,
29 and technical knowledge involving the construction, wiring,
30 alteration, or repair of single family houses or apartment
31 buildings. The Department may by rule provide for the
32 allowance of one year of experience credit for successful
33 completion of a 2 year post high school electrical course
34 approved by the Board.
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1 (e) Contractors. Except as otherwise provided by law,
2 no person other than an employee of a licensed electrical
3 contractor as defined in this Act shall undertake or offer to
4 undertake to plan for, lay out, supervise, or install or to
5 make additions, alterations, or repairs in the installation
6 of, or to maintain, wiring apparatus and equipment for
7 electrical light, heat, or power with or without compensation
8 unless the person obtains an electrical contractor's license.
9 An electrical contractor's license shall be issued by the
10 Department upon the contractor's giving bond to the State in
11 an amount to be determined by the Department. The bond shall
12 be filed with the Department and shall be in lieu of all
13 other license bonds to any political subdivision. The bond
14 shall be written by a corporate surety licensed to do
15 business in the State of Illinois.
16 Each licensed electrical contractor shall have and
17 maintain in effect insurance. Specific insurance
18 requirements and minimum limits per occurrence shall be
19 determined by the Department in consultation with the Board.
20 The insurance shall be written by an insurer licensed to do
21 business in the State of Illinois and each licensed
22 electrical contractor shall maintain on file with the
23 Department a certificate evidencing insurance that provides
24 that the insurance shall not be cancelled without the insurer
25 first giving 15 days written notice to the Department of the
26 cancellation.
27 No contractor shall engage in business unless he or she
28 is or has in his or her employ a licensed master electrician,
29 who shall be responsible for the performance of all
30 electrical work in accordance with the requirements of this
31 Act. When an electrical contractor's license is held by an
32 individual, partnership, or corporation and the individual,
33 one of the partners, or an officer of the corporation,
34 respectively, is not the responsible master electrician of
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1 record, all requests for inspection shall be signed by the
2 responsible master electrician of record. The application
3 for an electrical contractor's license must include a
4 verified statement that the designated responsible master
5 electrician is a full time employee of the individual,
6 partnership, or corporation applying for an electrical
7 contractor's license. For purposes of this Section, a full
8 time employee of a licensed electrical contractor is an
9 individual who is not employed in any capacity as a licensed
10 electrician by any other electrical contractor.
11 (f) The Department shall prepare guidelines as to what
12 work experience qualifies in determining whether an applicant
13 meets the requirements for licensure under the Act. The
14 Board has discretion in determining whether any particular
15 applicant's experience shall count toward the experience
16 necessary for licensure under this Act.
17 Section 30. Examination. In addition to other
18 requirements imposed by this Act and except as otherwise
19 provided in this Act, as a precondition to issuance of an
20 electrician's license, each applicant must pass a written
21 examination given by the Department for the type of license
22 sought to insure the competence of each applicant for
23 license. No person failing an examination may retake it for
24 6 months, but may, within 6 months, take an examination for a
25 lesser grade of license. Any licensee failing to renew his
26 or her license for 2 years or more after its expiration shall
27 be required to retake the examination before he or she is
28 issued a new license.
29 Section 35. Military exemption. The Department shall
30 reinstate a license that expires while a licensee is in
31 active Military Service of the United States upon application
32 to the Department by the licensee within 2 years after
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1 termination of the military service, payment of the annual
2 license fee, and submission of evidence of the military
3 service. The license shall be reinstated without examination
4 and without payment of the lapsed renewal fee.
5 Section 40. Expiration of license; fees. All licenses
6 issued under this Act shall expire annually in a manner as
7 provided by the Department. Application, renewal, and all
8 other fees provided for in this Act shall be established by
9 the Department by rule.
10 Section 45. Grounds for discipline. The Department may
11 by order deny, suspend, revoke, or refuse to renew a license,
12 or may censure a licensee if it finds that it is in the
13 public interest to do so and that the applicant or licensee:
14 (a) has filed an application for a license that contains
15 any statement that, in light of the circumstances under which
16 it is made, is false or misleading with respect to any
17 material fact;
18 (b) has engaged in any fraudulent, deceptive, or
19 dishonest practice;
20 (c) has been convicted within the past 5 years of a
21 misdemeanor involving a violation of this Act; or
22 (d) has violated or failed to comply with this Act or
23 its rules or any order issued under this Act. A violation
24 need not be willful.
25 The Department may adopt rules further specifying the
26 grounds for suspension, revocation, and refusal to renew a
27 license and establishing standards of conduct for licensees.
28 Section 50. Hearing procedure.
29 (a) The Board, may upon its own motion, investigate the
30 actions of any person holding or claiming to hold a license
31 if there is reason to believe such person has engaged or is
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1 engaging in activity that constitutes grounds for discipline
2 under Section 45 of this Act.
3 (b) The Board shall, at least 10 days prior to the date
4 set for the hearing and before refusing to issue or renew,
5 suspend, or revoke any license, notify the applicant or
6 holder of the license, in writing, of any charges made, and
7 shall afford him or her an opportunity to be heard in person
8 or by counsel. The notice may be served by personal delivery
9 to the accused person or by registered mail to the last place
10 of business specified by the accused person in the
11 notification to the Agency.
12 (c) At the time and place fixed in the notice, the Board
13 shall proceed to the hearing of the charges and both the
14 accused person and the complainant shall be accorded ample
15 opportunity to present, in person or by counsel, any
16 statement, testimony, evidence, or argument that may be
17 pertinent to the charges or to any defense against the
18 charges. The Board may continue the hearing from time to
19 time. If the Board is not sitting at the time and place to
20 which the hearing has been continued, the Department may
21 continue the hearing for a period not to exceed 30 days, and
22 all parties in interest shall be given notice in writing of
23 the date and hour to which the hearing has been continued and
24 the place at which it is to be held.
25 Section 55. Nonpayment of taxes. The Department may
26 refuse to issue or may suspend the license of any person who
27 fails (i) to file a federal or State tax return, (ii) to pay
28 the tax, penalty, or interest shown in a filed return, or
29 (iii) to pay any final assessment of tax, penalty, or
30 interest, as required by any tax Act administered by the
31 Illinois Department of Revenue, until the time the
32 requirements of the tax Act are satisfied.
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1 Section 60. Continuation of business by estates. Upon
2 the death of a master electrician who is an electrical
3 contractor, the Department may permit the decedent's
4 representative to carry on the business of the decedent for a
5 period not in excess of one year, for the purpose of
6 completing work under contract or otherwise to comply with
7 this Act. The decedent's representative may petition the
8 Board for an extension of the one-year period in the event he
9 or she can demonstrate undue hardship or other special
10 circumstances. The extension may be granted at the
11 recommendation of the Board, subject to Department approval.
12 The representative shall give any bond as the Department may
13 require conditioned upon the faithful and lawful performance
14 of the work. The bond shall be for the benefit of persons
15 injured or suffering financial loss by reason of failure of
16 performance. The bond shall be written by a corporate surety
17 licensed to do business in the State of Illinois. The
18 decedent's representative shall also comply with all public
19 liability and property damage insurance requirements imposed
20 by this Act upon a licensed electrical contractor.
21 Section 65. Reciprocity. The Department may grant a
22 license, without examination, of the same grade and class to
23 an electrician who has been licensed by any other state that
24 provides for the licensing of electricians in a similar
25 manner. The license may be granted for at least one year,
26 upon payment by the applicant of the required fee and upon
27 the Department being furnished with proof that the
28 qualifications of the applicant are equal to the
29 qualifications of holders of similar licenses in Illinois.
30 Section 70. Exemptions.
31 (a) Employees of, or independent contractors performing
32 work for, any electric utility or electric utility affiliate,
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1 or communications or railway utility or any electric system
2 owned and operated by a municipal corporation or unit of
3 local government (notwithstanding any other provision of this
4 Act), electric cooperative as defined in Section 3.4 of the
5 Electric Supplier Act, telephone or telecommunications
6 cooperative as defined in Section 13-212 of the Public
7 Utilities Act, or a telephone company shall not be required
8 to hold a license while performing work on installations,
9 materials, or equipment that are owned or leased, operated,
10 and maintained by the electric utility or electric utility
11 affiliate, communications or railway utility, electric system
12 owned and operated by a municipal corporation or unit of
13 local government, electric, telephone, or telecommunications
14 cooperative, or telephone company in the exercise of its
15 utility or telephone function, and that (i) are used
16 exclusively for the generation, transformation, distribution,
17 transmission, or metering of electric current, or the
18 operation of railway signals, or the transmission of
19 intelligence and do not have as a principal function the
20 consumption or use of electric current by or for the benefit
21 of any person other than the electric utility or electric
22 utility affiliate, communications or railway utility,
23 electric system owned and operated by a municipal corporation
24 or unit of local government, electric, telephone, or
25 telecommunications cooperative, or telephone company and (ii)
26 are generally accessible only to employees of the electric
27 utility or electric utility affiliate, communications or
28 railway utility, electric system owned and operated by a
29 municipal corporation or unit of local government, electric,
30 telephone, or telecommunications cooperative, or telephone
31 company or persons acting under its control or direction.
32 Persons performing work subcontracted out to an electrical or
33 construction contractor, however, must be in compliance with
34 the licensure requirements of this Act.
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1 (b) An owner shall not be required to hold a license
2 under this Act. Nevertheless, electrical work performed by
3 an owner shall comply with the minimum standards contained in
4 the National Electrical Code and shall be subject to
5 inspection by the Department. An owner shall not employ
6 anyone other than an electrician licensed under this Act to
7 assist him or her.
8 (c) Any city, village, or incorporated town having a
9 population of 500,000 or more may, by an ordinance containing
10 provisions substantially the same as those in this Act and
11 specifying educational or experience requirements equivalent
12 to those prescribed in the Act, provide for a board of
13 electrical examiners to conduct examinations for, and to
14 issue, suspend, or revoke, electricians' licenses within the
15 city, village, or incorporated town. Upon the enactment of
16 such an ordinance, the provisions of this Act shall not apply
17 within that municipality except as otherwise provided in this
18 Act. Any person licensed as an electrician under a local
19 ordinance, or licensed by the Department under this Act, may
20 engage in electrical wiring installation anywhere in this
21 State.
22 (d) Nothing in this Act shall be construed to prevent an
23 owner or operator of a farm or his or her employees from
24 installing, making additions to, altering, maintaining, or
25 repairing wiring, apparatus, or equipment for electric light,
26 heat, or power on the farm that he or she owns or operates.
27 For purposes of this subsection, "farm" means land or a
28 building appurtenant to land that is used for an agricultural
29 purpose or for a purpose accessory to an agriculture purpose.
30 (e) Employees of a manufacturing corporation that engage
31 in activities normally requiring licensure under this Act are
32 exempt when such activities are incidental to the operation
33 or maintenance of its existing business and facilities. A
34 manufacturing corporation that is involved in new
-15- LRB093 08373 AMC 13053 a
1 construction that results in the expansion of its business
2 and facilities must utilize licensed electricians for any
3 associated electrical work.
4 (f) The minor repair of existing electrical systems does
5 not require licensure under this Act. For the purposes of
6 this subsection, "minor repair" means repairs to existing
7 electrical systems that do not require a permit to be issued
8 under any local ordinance.
9 (g) Elevator construction does not require licensure
10 under this Act.
11 Section 75. Governmental units. No municipal
12 corporation or political subdivision shall engage in
13 electrical work unless the electrical work is performed by
14 one or more licensed electricians or apprentice electricians
15 under the supervision of licensed electricians. A
16 governmental unit may, however, contract for electrical work
17 with any person authorized to engage in electrical work in
18 this State.
19 Section 80. Display of license. Persons who advertise
20 electrical wiring services shall, at their place of business,
21 display the master electrician's license of at least one
22 member of the firm, partnership or officer of the corporation
23 and shall maintain a register listing the names and license
24 numbers of all licensed electricians and all registered
25 apprentices currently employed by them. When advertising
26 electrical wiring services, the license number shall be
27 included in all forms of written or printed advertising and
28 included with the electrical wiring identification of
29 vehicles. The Department may, by rule or regulation, require
30 additional information concerning licensed electricians and
31 registered apprentices to be maintained in the register.
-16- LRB093 08373 AMC 13053 a
1 Section 85. Safety standards. All electrical wiring,
2 apparatus, and equipment for electric light, heat, and power
3 shall comply with all applicable rules of the Department of
4 Labor and shall be installed in conformity with accepted
5 standards of construction for safety to life and property.
6 For the purposes of this Act, the regulations and safety
7 standards stated at the time the work is done in the then
8 most recently published edition of the National Electrical
9 Code as adopted by the National Fire Protection Association,
10 Inc. and approved by the American National Standards
11 Institute, and the National Electrical Safety Code as
12 published by the Institute of Electrical and Electronics
13 Engineers, Inc. and approved by the American National
14 Standards Institute, shall be prima facie evidence of
15 accepted standards of construction for safety to life and
16 property. In the event an Illinois building code is
17 formulated containing approved methods of electrical
18 construction for safety to life and property, compliance with
19 the methods of electrical construction of that code shall
20 also constitute compliance with this Section. Nothing in
21 this Act shall prohibit any political subdivision from making
22 and enforcing more stringent requirements than set forth in
23 this Act and those requirements shall be complied with by all
24 licensed electricians working within the jurisdiction of that
25 political subdivision; except that nothing in this Act shall
26 be construed to give a political subdivision the authority to
27 apply those standards or requirements to electrical work
28 performed on a farm.
29 Section 90. Inspections.
30 (a) Except where any political subdivision has by
31 ordinance provided for electrical inspection similar to that
32 provided in this Act, every new electrical installation in
33 any construction, remodeling, replacement, or repair shall be
-17- LRB093 08373 AMC 13053 a
1 inspected by the Department for compliance with accepted
2 standards of construction for safety to life and property.
3 (b) No such inspections shall be required for electrical
4 work performed by persons exempt from licensure under Section
5 70 of this Act; except that inspections shall be required for
6 work performed under subsection (b) of Section 70.
7 (c) All inspectors for the Department shall hold
8 licenses as master or journeyman electricians under this Act;
9 except that in areas of this State where a sufficient number
10 of master or journeyman electricians are not available to the
11 Department to perform inspections under this Act, the
12 Department may designate other persons whom it determines to
13 be suitably qualified by training or experience.
14 Section 95. Procedures for inspection.
15 (a) At or before commencement of any installation
16 required to be inspected by the Department, the electrical
17 contractor or owner making the installation shall submit to
18 the Department a request for inspection, in a form prescribed
19 by the Department, together with the fees required for the
20 installation.
21 (b) The fees required are a handling fee and an
22 inspection fee. The handling fee shall be set by the
23 Department in an amount sufficient to pay the cost of
24 bringing and handling the form requesting an inspection. The
25 inspection fee shall be set by the Department in an amount
26 sufficient to pay the actual costs of the inspection and the
27 Department's costs in administering the inspection.
28 (c) If the inspector finds that the installation is not
29 in compliance with accepted standards of construction for
30 safety to life and property as required by this Act, the
31 inspector shall, by written order, condemn the installation
32 or the noncomplying portion of the installation, or order
33 service to the installation disconnected, and shall send a
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1 copy of the order to the Department. If the installation or
2 the noncomplying part will seriously and proximately endanger
3 human life and property, the order of the inspector, when
4 approved by the inspector's superior, shall require immediate
5 condemnation or disconnection. In all other cases, the order
6 of the inspector shall permit a reasonable opportunity for
7 the installation to be brought into compliance with accepted
8 standards of construction for safety to life and property
9 prior to the effective time established for condemnation or
10 disconnection.
11 (d) Copies of each condemnation or disconnection order
12 shall be served personally or by mail upon the property
13 owner, the electrical contractor or electrician making the
14 installation, and other persons as the Department by rule may
15 direct. An aggrieved party may appeal any condemnation or
16 disconnection order by filing with the Department a notice of
17 appeal within 10 days after (i) service upon the aggrieved
18 party of the condemnation or disconnection order, if this
19 service is required or (ii) filing of the order with the
20 Department, whichever is later. The Department shall adopt
21 rules providing procedures for the conduct of appeals,
22 including provisions for the stay of enforcement of the order
23 of the inspector pending an appeal when justified by the
24 circumstances.
25 (e) The inspectors of the Department shall have the
26 authority to enter any building or premises at any reasonable
27 hour in the discharge of their duties, and they shall have
28 the authority, when necessary, to order the removal of any
29 existing obstructions such as laths, plastering, boarding, or
30 partitions that may prevent a proper inspection of the
31 electrical installation.
32 (f) No electrical installation subject to inspection by
33 the Department shall be newly connected or reconnected for
34 use until there is filed, with the electrical utility
-19- LRB093 08373 AMC 13053 a
1 supplying power, a certificate of the property owner or
2 licensed electrician directing the work that inspection has
3 been requested and that the conditions of the installation
4 are safe for energization. In all cases where an order of
5 condemnation or disconnection has been issued against the
6 installation or any part of the installation, prior to
7 connection or reconnection, there shall also first be filed
8 with the electrical utility supplying the power a copy of an
9 order of the inspector or the Department dismissing the prior
10 order of condemnation or disconnection or approving the
11 installation as being in compliance with accepted standards
12 of construction for safety to life and property. With
13 respect to transient projects, this certificate shall also
14 contain a certification that the request for inspection has
15 been or will be filed with the Department so as to be
16 received by it at least 5 days prior to the date and time
17 energization of the installation by the utility is to occur,
18 and that the request for inspection states the date and time.
19 It shall be the responsibility of the Department to have
20 inspection of the transient project occur prior to the date
21 and time at which the request states energization is to
22 occur.
23 (g) Any political subdivision may make provision for
24 inspection of electrical installations within its
25 jurisdiction, in which case it shall keep on file with the
26 Department copies of its current inspection ordinances and
27 codes. Any political subdivision may require any individual,
28 partnership, corporation, or other business association
29 holding a license from the Department to pay any license,
30 registration fee, or permit fees. Any political subdivision
31 may provide by ordinance a requirement that each individual,
32 partnership, corporation, or other business association doing
33 electrical work within the jurisdiction of the political
34 subdivision have on file with the political subdivision a
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1 copy of the current license issued by the Department or other
2 evidence of the license as may be provided by the Department.
3 Each electrical inspector of any political subdivision shall
4 be a licensed master or journeyman electrician under this
5 Act.
6 Section 100. Violations.
7 (a) Any person violating any provision of this Act or
8 its rules shall be guilty of a Class B misdemeanor and fined
9 a minimum of $100 for the first offense. A second or
10 subsequent violation of this Act shall be a Class A
11 misdemeanor with a minimum fine of $200. Each day a violation
12 continues constitutes a separate offense. The State's
13 Attorney of the County in which the violation occurred or the
14 Attorney General may prosecute these actions in the name of
15 the People of the State of Illinois. The court may enjoin the
16 use of electricity installed in violation of this Act or its
17 rules until it has been corrected to comply with the National
18 Electrical Code.
19 (b) If it is established that the defendant, contrary to
20 this Act, has been engaging, is engaging, or is about to
21 engage in electrical work without having been issued a
22 license, or has been engaging or is about to engage in
23 electrical work after his or her license has been suspended
24 or revoked or after his or her license has not been renewed,
25 the Department may levy a penalty not to exceed $5,000 per
26 offense. This penalty shall be assessed by the Department
27 after a hearing is held in accordance with the provisions set
28 forth in Section 50 of this Act.
29 Section 105. Electricians practicing before this Act.
30 Electrical contractors who are in business on January 1, 2004
31 and who file a license application with the Department within
32 180 days after the effective date of this Act shall be
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1 granted a license which shall be valid for one year from the
2 date of issuance. Thereafter, electrical contractors shall
3 comply with all of the requirements of this Act. These
4 licenses shall be subject to annual renewal as provided in
5 this Act.
6 Persons who have a minimum of 5 years experience in
7 performing electrical work as defined in this Act on January
8 1, 2004 and who file a license application with the
9 Department within 180 days after January 1, 2004 shall be
10 granted a license without examination, which shall be valid
11 for one year from the date of issuance. The category of
12 initial licensure shall be determined by the Department.
13 These licenses shall be subject to annual renewal as provided
14 in this Act.
15 Electrical inspectors who are employed by a governmental
16 unit and engaged in the regulation and inspection of
17 electrical wiring activities regulated under this Act on
18 January 1, 2004, and who file an application with the
19 Department within 180 days after January 1, 2004, shall be
20 permitted to conduct electrical inspections for one year from
21 the application date. Thereafter, the inspectors must meet
22 all of the requirements of this Act.
23 Section 110. Administrative Procedure Act; application.
24 The provisions of the Illinois Administrative Procedure Act
25 are expressly adopted and shall apply to all administrative
26 rules and procedures of the Department of Labor under this
27 Act, except that Section 5 of the Illinois Administrative
28 Procedure Act relating to procedures for rulemaking does not
29 apply to the adoption of any rule required by federal law in
30 connection with which the Department is precluded by law from
31 exercising any discretion.
32 Section 115. Review under Administrative Review Law. All
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1 final administrative decisions of the Director under this Act
2 shall be subject to judicial review under the Administrative
3 Review Law and its rules.
4 Section 120. Home rule. A home rule unit may not
5 regulate the licensing of electricians and electrical
6 contractors in a manner inconsistent with the regulation by
7 the State of electricians and electrical contractors. This
8 Section is a limitation under subsection (i) of Section 6 of
9 Article VII of the Illinois Constitution on the concurrent
10 exercise by home rule units of powers and functions exercised
11 by the State.
12 Section 900. The Regulatory Sunset Act is amended by
13 changing Section 4.24 as follows:
14 (5 ILCS 80/4.24)
15 Sec. 4.24. Acts repealed on January 1, 2014. The
16 following Acts are repealed on January 1, 2014:
17 The Electricians Licensing Act.
18 The Electrologist Licensing Act.
19 The Illinois Public Accounting Act.
20 (Source: P.A. 92-457, eff. 8-21-01; 92-750, eff. 1-1-03.)
21 Section 999. Effective date. This Act takes effect on
22 January 1, 2004.".
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