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91_HB0233eng HB0233 Engrossed LRB9100494ACmg 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 Electrician 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 15 knowledge of physics and mathematics and their skill in 16 installing electrical wiring. 17 Consistent with its duty to safeguard the health of the 18 people of this State, the General Assembly declares that 19 individuals who plan, inspect, install, alter, extend, 20 repair, and maintain electrical wiring systems shall be 21 individuals of proven skill. Further, the General Assembly 22 declares that a guide for minimum control of electrical 23 materials and equipment, the design of electrical systems, 24 and the construction and installation methods of electrical 25 systems is essential for the protection of public health. In 26 order to insure proper electrical wiring practice, this Act 27 provides for the licensing of electricians and electrical 28 contractors and inspectors and for the adoption of the 29 National Electrical Code as standards by the Department. This 30 Act is therefore declared to be essential to the public 31 interest. HB0233 Engrossed -2- LRB9100494ACmg 1 Section 10. Definitions. As used in this Act: 2 "Board" means the Illinois State Board of Electrical 3 Examiners. 4 "Department" means the Illinois Department of Labor. 5 "Director" means the Director of the Illinois Department 6 of Labor. 7 "Electrical contractor" means a person, firm, or 8 corporation operating a business that undertakes or offers to 9 undertake to plan for, lay out, supervise, or install or to 10 make additions, alterations, maintenance, or repairs in the 11 installation of wiring, apparatus or equipment for electric 12 light, heat, or power with or without compensation and who is 13 licensed as an electrical contractor by the Department of 14 Labor. An electrical contractor's license does not of itself 15 qualify its holder to perform the electrical work authorized 16 by holding any class of electrician's license. "Electrical 17 contractor" shall not include any manufacturing corporation 18 that engages in the activities described in this paragraph 19 incidental to operation or maintenance of its existing 20 business and facilities; however, a manufacturing corporation 21 that is involved in new construction that results in the 22 expansion of its existing business and facilities is included 23 in the definition of "electrical contractor". 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 HB0233 Engrossed -3- LRB9100494ACmg 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 any new electrical work done by a 18 registered apprentice electrician must be inspected at least 19 once after initial rough-in and once upon completion by an 20 Illinois licensed electrician. In addition, all renovation, 21 alteration, repair, extension, modification, and maintenance 22 work done by a registered apprentice electrician on an 23 existing electrical system must be approved by an Illinois 24 licensed electrician. 25 Section 15. Board of Electrical Examiners. 26 (a) There is created the Illinois State Board of 27 Electrical Examiners which shall exercise its duties provided 28 in this Act under the supervision of the Department of Labor. 29 The Board shall consist of 11 members appointed by the 30 Director of Labor. The Board shall be composed of 3 licensed 31 master electricians, 3 licensed electrical contractors, one 32 licensed electrical engineer, one electrical inspector 33 employed on a full time basis by a governmental unit, one HB0233 Engrossed -4- LRB9100494ACmg 1 representative of a public utility, the State Fire Marshal, 2 and a member of the general public. In making the 3 appointments to the Board, the Director shall consider the 4 recommendations of individuals, firms, or organizations 5 involved in electrical wiring installation in this State. 6 Members of the Board shall serve 4 year terms and until their 7 successors are appointed and qualified. The initial 8 appointments, however, shall be as follows: 3 members for 9 terms of 2 years, 3 members for 3 years, and 4 members for 4 10 years. The State Fire Marshal's service on the Board shall be 11 continuous. Board members shall receive no compensation but 12 shall be reimbursed for expenses incurred in connection with 13 their duties as Board members. 14 (b) The Board shall aid the Director and the Department 15 by: 16 (1) preparing subject matter for examinations as 17 provided in this Act; 18 (2) suggesting rules to govern examinations and 19 hearing for suspension, revocation, or reinstatement of 20 licenses; 21 (3) submitting recommendations to the Director from 22 time to time for the efficient administration of this 23 Act; 24 (4) grading all tests and examinations for licenses 25 and promptly reporting the results to the Director; and 26 (5) performing other duties from time to time 27 prescribed by the Director. 28 Section 20. Powers and duties of the Director. The 29 Director shall: 30 (a) prepare forms for application for examination 31 for master, journeyman, and residential licenses; 32 (b) prepare and issue licenses as provided in this 33 Act; HB0233 Engrossed -5- LRB9100494ACmg 1 (c) with the aid of the Board, prescribe rules and 2 regulations for examination of applicants for master, 3 journeyman, and residential licenses; 4 (d) with the aid of the Board, prepare and give 5 uniform and comprehensive examinations to applicants for 6 master, journeyman, and residential licenses that shall 7 test their knowledge and qualifications in the planning 8 and design of electrical systems, their knowledge, 9 qualifications, and manual skills in electrical 10 installations, and their knowledge of the National 11 Electrical Code relating to materials, design, and 12 installation of methods of electrical systems; 13 (e) issue master, journeyman, and residential 14 licenses and license renewals to every applicant who has 15 passed the examination and who has paid the required 16 license and renewal fee; 17 (f) prescribe rules for hearings to deny, suspend, 18 revoke, or reinstate licenses as provided in this Act; 19 (g) maintain a current record showing (i) the names 20 and addresses of licensed master, journeyman, and 21 residential electricians and registered apprentices; (ii) 22 the dates of issuance of licenses; (iii) the date and 23 substance for the charges set forth in any hearing for 24 denial, suspension, or revocation of any license; (iv) 25 the date and substance of the final order issued upon a 26 hearing; and (v) the date and substance of all petitions 27 for reinstatement of license and final orders on 28 petitions; 29 (h) establish and collect fees for the examination, 30 issuance, and renewal of licenses; 31 (i) provide for the inspection of new electrical 32 installations in construction, remodeling, replacement, 33 maintenance, and repair work; 34 (j) establish and collect fees for the handling and HB0233 Engrossed -6- LRB9100494ACmg 1 inspection of new electrical installations; and 2 (k) formulate and publish rules necessary or 3 appropriate to carrying out the provisions of this Act. 4 Section 25. Licenses. 5 (a) Master electrician. Except as otherwise provided by 6 law, no person shall plan, install, repair, maintain, lay 7 out, or supervise the installation of wiring, apparatus, or 8 equipment for electrical light, heat, power, or other 9 purposes unless the person is: 10 (1) licensed by the Department as a master 11 electrician; and 12 (2) the work is for a licensed electrical 13 contractor and the person is the licensed electrical 14 contractor or an employee, partner, or officer of the 15 licensed electrical contractor, or the work is performed 16 for the person's employer on electrical equipment, 17 apparatus, or facilities owned or leased by the employer 18 that is located within the limits of property owned or 19 leased, operated, and maintained by the employer. 20 An applicant for a master electrician's license shall (i) 21 be a graduate of a 4-year electrical course in an accredited 22 college or university; (ii) have had at least one year's 23 experience, acceptable to the Board, as a licensed 24 journeyman; (iii) have had at least 5 years experience, 25 acceptable to the Board, in planning for, laying out, 26 supervising, and installing wiring, apparatus, or equipment 27 for electrical light, heat, and power; or (iv) have had at 28 least 6 years experience, acceptable to the Board, with an 29 electrical contracting company in planning, estimating, 30 laying out, and supervising, under the supervision of a 31 licensed master electrician, the installation of electrical 32 work for electric light, heat, and power. 33 (b) Journeyman electrician. Except as otherwise HB0233 Engrossed -7- LRB9100494ACmg 1 provided by law, no person shall wire for, install, maintain, 2 or repair electrical wiring, apparatus, or equipment, unless 3 the person is licensed by the Department as a journeyman 4 electrician employed by a licensed electrical contractor. 5 Nothing in this subsection (b), however, shall prohibit a 6 master electrician from performing the work of a journeyman 7 electrician. 8 An applicant for a journeyman electrician's license shall 9 have had at least 5 years of experience, acceptable to the 10 Board, in wiring for, installing, and repairing electrical 11 wiring, apparatus, or equipment. The Department, however, may 12 by rule or regulation provide for the allowance of one year 13 of experience credit for successful completion of a 2 year 14 post high school electrical course approved by the Board. 15 (c) Apprentices. Any person may work as an apprentice 16 to a licensed electrician who is enrolled in an approved 17 program, but shall do no electrical wiring except under the 18 on-the-job supervision of a licensed electrician. 19 (d) Residential electrician. Except as otherwise 20 provided by law, no person shall construct, wire, alter, 21 maintain, or repair single family houses or apartment 22 buildings unless the person is licensed by the Department as 23 a residential electrician employed by a licensed electrical 24 contractor. Nothing in this subsection (d), however, shall 25 prohibit a master electrician or journeyman electrician from 26 performing the work of a residential electrician. 27 An applicant for a residential electrician's license 28 shall have had at least 3 years of experience, acceptable to 29 the Board, in having the necessary qualifications, training, 30 and technical knowledge involving the construction, wiring, 31 alteration, or repair of single family houses or apartment 32 buildings. The Department, however, may by rule or regulation 33 provide for the allowance of one year of experience credit 34 for successful completion of a 2 year post high school HB0233 Engrossed -8- LRB9100494ACmg 1 electrical course approved by the Board. 2 (e) Contractors. Except as otherwise provided by law, 3 no person other than an employee of a licensed electrical 4 contractor as defined in this Act or an employee of a 5 manufacturing corporation that engages in activities 6 incidental to operation or maintenance of its existing 7 business and facilities shall undertake or offer to undertake 8 to plan for, lay out, supervise, or install or to make 9 additions, alterations, or repairs in the installation of, or 10 to maintain, wiring apparatus and equipment for electrical 11 light, heat, or power with or without compensation unless the 12 person obtains an electrical contractor's license. An 13 electrical contractor's license shall be issued by the 14 Department upon the contractor's giving bond to the State in 15 the penal sum of $5,000 conditioned upon the faithful and 16 lawful performance of all work entered into by the contractor 17 within the State of Illinois. The bond shall be for the 18 benefit of persons injured or suffering financial loss by 19 reason of failure of performance. The bond shall be filed 20 with the Department and shall be in lieu of all other license 21 bonds to any political subdivision. The bond shall be 22 written by a corporate surety licensed to do business in the 23 State of Illinois. 24 Each licensed electrical contractor shall have and 25 maintain in effect general liability insurance, that includes 26 premises and operations insurance and products and completed 27 operations insurance, with limits of at least $100,000 per 28 occurrence, $300,000 aggregate limit for bodily injury, and 29 property damage insurance with limits of at least $25,000 or 30 a policy with a single limit for bodily injury and property 31 damage of $300,000 per occurrence and $300,000 aggregate 32 limits. The insurance shall be written by an insurer 33 licensed to do business in the State of Illinois and each 34 licensed electrical contractor shall maintain on file with HB0233 Engrossed -9- LRB9100494ACmg 1 the Department a certificate evidencing insurance that 2 provides that the insurance shall not be cancelled without 3 the insurer first giving 15 days written notice to the 4 Department of the cancellation. 5 No contractor shall engage in business unless he or she 6 is or has in his or her employ a licensed master electrician, 7 who shall be responsible for the performance of all 8 electrical work in accordance with the requirements of this 9 Act. When an electrical contractor's license is held by an 10 individual, partnership, or corporation and the individual, 11 one of the partners, or an officer of the corporation, 12 respectively, is not the responsible master electrician of 13 record, all requests for inspection shall be signed by the 14 responsible master electrician of record. The application 15 for an electrical contractor's license must include a 16 verified statement that the designated responsible master 17 electrician is a full time employee of the individual, 18 partnership, or corporation applying for an electrical 19 contractor's license. For purposes of this Section, a full 20 time employee of a licensed electrical contractor is an 21 individual who is not employed in any capacity as a licensed 22 electrician by any other electrical contractor. 23 Section 30. Examination. In addition to other 24 requirements imposed by this Act and except as otherwise 25 provided in this Act, as a precondition to issuance of an 26 electrician's license, each applicant must pass a written 27 examination given by the Department for the type of license 28 sought to insure the competence of each applicant for 29 license. No person failing an examination may retake it for 30 6 months, but may, within 6 months, take an examination for a 31 lesser grade of license. Any licensee failing to renew his 32 or her license for 2 years or more after its expiration shall 33 be required to retake the examination before he or she is HB0233 Engrossed -10- LRB9100494ACmg 1 issued a new license. 2 Section 35. Experience requirements. 3 (a) Except as otherwise provided for a master 4 electrician's license under Section 25, an applicant for an 5 electrician's license shall meet the experience requirements 6 of this Section before examination for licensure. 7 (b) The maximum allowable credit for electrical 8 experience: 9 (1) before age 16 is 6 months; 10 (2) in the military service is 12 months; 11 (3) in foreign countries is 12 months; and 12 (4) acquired during the school term of an approved 13 post high school electrical course is 12 months. 14 (c) Experience in the categories of planning for the 15 installation of wiring, apparatus, and equipment for light, 16 heat, and power; laying out for the installation of wiring, 17 apparatus, and equipment for light, heat, and power; 18 supervising the installation of wiring, apparatus, and 19 equipment for light, heat, and power; and wiring and 20 installing electrical wiring, apparatus, and equipment for 21 light, heat, and power is acceptable to the Board in the 22 following situations: 23 (1) experience while in the employ of an electrical 24 contractor licensed under this Act; 25 (2) experience while working in Illinois for an 26 employer who is not required to be licensed as an 27 electrical contractor, if the work is inspected and done 28 under the supervision of a properly licensed electrician; 29 (3) experience while performing electrical work in 30 Illinois for an employer who is exempt from licensing 31 when the work is exempt from inspection or when the work 32 is performed on federal property by a federal employee, 33 if the Department has determined in either situation that HB0233 Engrossed -11- LRB9100494ACmg 1 the experience is substantially equal to that acquired in 2 performing work while in the employ of a licensed 3 electrical contractor; 4 (4) experience while performing electrical work 5 outside of Illinois, which the Department has determined 6 is substantially equivalent to the work performed while 7 in the employ of a licensed electrical contractor in 8 Illinois. This determination must be based on a 9 certification by the employer for the type of work 10 performed. 11 Section 40. Military exemption. The Department shall 12 reinstate a license that expires while a licensee is in 13 active Military Service of the United States upon application 14 to the Department by the licensee within 2 years after 15 termination of the military service, payment of the annual 16 license fee, and submission of evidence of the military 17 service. The license shall be reinstated without 18 examination and without payment of the lapsed renewal fee. 19 Section 45. License and renewal fees. 20 (a) All licenses issued under this Act shall expire 21 annually in a manner as provided by the Department. 22 (b) The Department shall provide for fees by rule; 23 however, the fees shall not exceed the following amounts: 24 (1) the application fee for a license or temporary 25 license, $100; 26 (2) the fee for renewal of a license, $25; 27 (3) the fee for reinstatement of a license that has 28 been expired for less than 2 years, $50 plus payment of 29 all unpaid renewal fees; 30 (4) the fee for restoration of a license that has 31 been expired for more than 2 years, $100; 32 (5) the fee for issuance of a duplicate license, HB0233 Engrossed -12- LRB9100494ACmg 1 the issuance of a replacement that has been lost or 2 destroyed, or the issuance of a license with a change of 3 name and address, other than during the renewal period, 4 $25; 5 (6) the fee for certification of a licensee's 6 record for any purpose, $25; 7 (7) the fee for rescoring of an examination, the 8 cost to the Department of rescoring the examination plus 9 any fees charged by the applicable testing service to 10 have the examination rescored; 11 (8) the fee for copies of a license, the actual 12 cost of producing the copies; 13 (9) the fee for a roster of persons licensed as 14 electricians, the actual cost of producing the roster; 15 (10) the fee for application for a license by an 16 electrician registered or licensed under the laws of 17 another state, $100. 18 Section 50. Denial, suspension, and revocation of 19 licenses. The Department may by order deny, suspend, revoke, 20 or refuse to renew a license, or may censure a licensee if it 21 finds that it is in the public interest to do so and that the 22 applicant or licensee: 23 (a) has filed an application for a license that is 24 incomplete in any material respect or contains any statement 25 that, in light of the circumstances under which it is made, 26 is false or misleading with respect to any material fact; 27 (b) has engaged in any fraudulent, deceptive, or 28 dishonest practice; 29 (c) has been convicted within the past 5 years of a 30 misdemeanor involving a violation of this Act; or 31 (d) has violated or failed to comply with this Act or 32 its rules or any order issued under this Act. A violation 33 need not be willful. HB0233 Engrossed -13- LRB9100494ACmg 1 The Department may adopt rules further specifying and 2 defining actions and omissions that constitute fraudulent, 3 deceptive, or dishonest practices, and establishing standards 4 of conduct for licensees. 5 Section 55. Grounds for suspension of license. The 6 Department may temporarily suspend a license and call for a 7 hearing when findings show one or more of the following: 8 (a) That the licensee obtained or conspired with others 9 to obtain a license by inducing the issuance of the license 10 in consideration of the payment of money or delivery of any 11 other thing of value or by and through misrepresentation of 12 facts. 13 (b) That the licensee willfully violated any law of this 14 State or any rules, regulation, or code regulating electrical 15 wiring installations, licensed electricians, or registered 16 apprentice electricians. 17 (c) That the licensee has been guilty of negligence or 18 incompetence in the performance of installation of electrical 19 wiring. 20 (d) That the licensee has loaned or in any manner 21 transferred his or her license to another person. 22 If a license is suspended or revoked, the license shall 23 be surrendered to the Department but it shall be returned to 24 the licensee upon the termination of the suspension period. 25 The Department may refuse to issue or may suspend the 26 license of any person who fails (i) to file a return, (ii) to 27 pay the tax, penalty, or interest shown in a filed return, or 28 (iii) to pay any final assessment of tax, penalty, or 29 interest, as required by any tax Act administered by the 30 Illinois Department of Revenue, until the time the 31 requirements of the tax Act are satisfied. 32 Section 60. Continuation of business by estates. Upon HB0233 Engrossed -14- LRB9100494ACmg 1 the death of a master electrician who is an electrical 2 contractor, the Department may permit the decedent's 3 representative to carry on the business of the decedent for a 4 period not in excess of 6 months, for the purpose of 5 completing work under contract or otherwise to comply with 6 this Act. The decedent's representative may petition the 7 board for an extension of the 6 month period in the event he 8 or she can demonstrate undue hardship or other special 9 circumstances. The extension may be granted at the 10 recommendation of the Board, subject to Department approval. 11 The representative shall give any bond as the Department may 12 require conditioned upon the faithful and lawful performance 13 of the work. The bond shall be for the benefit of persons 14 injured or suffering financial loss by reason of failure of 15 performance. The bond shall be written by a corporate surety 16 licensed to do business in the State of Illinois. The 17 decedent's representative shall also comply with all public 18 liability and property damage insurance requirements imposed 19 by this Act upon a licensed electrical contractor. 20 Section 65. Reciprocity. To the extent that any other 21 state that provides for the licensing of electricians 22 provides for similar action, the Department may grant a 23 license, without examination, of the same grade and class to 24 an electrician who has been licensed by any other state for 25 at least one year, upon payment by the applicant of the 26 required fee and upon the Department being furnished with 27 proof that the qualifications of the applicant are equal to 28 the qualifications of holders of similar licenses in 29 Illinois. 30 Section 70. Exemptions for licensing. 31 (a) Employees of, or independent contractors performing 32 work for, any electric utility or electric utility affiliate, HB0233 Engrossed -15- LRB9100494ACmg 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 under any of the following conditions: 9 (1) While performing work on installations, 10 materials, or equipment that are owned or leased, 11 operated, and maintained by the electric utility or 12 electric utility affiliate, communications or railway 13 utility, electric system owned and operated by a 14 municipal corporation or unit of local government, 15 electric, telephone, or telecommunications cooperative, 16 or telephone company in the exercise of its utility or 17 telephone function, and that (i) are used exclusively for 18 the generation, transformation, distribution, 19 transmission, or metering of electric current, or the 20 operation of railway signals, or the transmission of 21 intelligence and do not have as a principal function the 22 consumption or use of electric current by or for the 23 benefit of any person other than the electric utility or 24 electric utility affiliate, communications or railway 25 utility, electric system owned and operated by a 26 municipal corporation or unit of local government, 27 electric, telephone, or telecommunications cooperative, 28 or telephone company and (ii) are generally accessible 29 only to employees of the electric utility or electric 30 utility affiliate, communications or railway utility, 31 electric system owned and operated by a municipal 32 corporation or unit of local government, electric, 33 telephone, or telecommunications cooperative, or 34 telephone company or persons acting under its control or HB0233 Engrossed -16- LRB9100494ACmg 1 direction. 2 (2) While performing work on installations, 3 materials, or equipment that are a part of the street 4 lighting operations of the utility. 5 (3) While installing or performing work on outdoor 6 area lights that are directly connected to a utility's 7 distribution system and located upon the utility's 8 distribution poles, and are generally accessible only to 9 employees of the utility or persons acting under its 10 control or direction. 11 (b) An owner shall not be required to hold or obtain a 12 license under this Act. Nevertheless, electrical work 13 performed by an owner shall comply with the minimum standards 14 contained in the National Electrical Code and shall be 15 subject to inspection by the Department. An owner shall not 16 employ anyone other than an electrician licensed under this 17 Act to assist him or her. 18 (c) Any city, village, or incorporated town having a 19 population of 500,000 or more may, by an ordinance containing 20 provisions substantially the same as those in this Act and 21 specifying educational or experience requirements equivalent 22 to those prescribed in the Act, provide for a board of 23 electrical examiners to conduct examinations for, and to 24 issue, suspend, or revoke, electricians' licenses within the 25 city, village, or incorporated town. Upon the enactment of 26 such an ordinance, the provisions of this Act shall not apply 27 within that municipality except as otherwise provided in this 28 Act. Any person licensed as an electrician under a local 29 ordinance, or licensed by the Department under this Act, may 30 engage in electrical wiring installation anywhere in this 31 State. 32 (d) Nothing in this Act shall be construed to prevent 33 the practice of architecture as defined in the Illinois 34 Architecture Practice Act of 1989 or the practice of HB0233 Engrossed -17- LRB9100494ACmg 1 professional engineering as defined in the Professional 2 Engineering Practice Act of 1989 or the practice of 3 structural engineering as defined in the Structural 4 Engineering Licensing Act of 1989. 5 (e) Nothing in this Act shall be construed to prevent an 6 owner or operator of a farm or his or her employees from 7 installing, making additions to, altering, maintaining, or 8 repairing wiring, apparatus, or equipment for electric light, 9 heat, or power on the farm that he or she owns or operates. 10 For purposes of this subsection, "farm" means land or a 11 building appurtenant to land that is used for an agricultural 12 purpose or for a purpose accessory to an agriculture purpose. 13 (f) This Act shall not include persons or firms licensed 14 as private alarm contractors or private alarm contractor 15 agencies as defined in the Private Detective, Private Alarm, 16 Private Security and Locksmith Act of 1993. 17 (g) This Act shall not apply to the installation, 18 replacement, service, or repair of household products, 19 including but not limited to audio and video equipment, 20 appliances, garbage disposals, fans, lights, and garage door 21 openers, by a business entity primarily engaged in the retail 22 sale of consumer products. 23 (h) Nothing in this Act shall be construed to restrict 24 the activities of an employee of a manufacturing corporation 25 to engage in activities incidental to operation or 26 maintenance of its existing business and facilities; however, 27 provisions of this Act do apply to new construction that 28 results in the expansion of the existing business or 29 facilities of a manufacturing corporation. 30 Section 75. Governmental units. No municipal 31 corporation or political subdivision shall engage in 32 electrical work unless the electrical work is performed by 33 one or more licensed electricians or apprentice electricians HB0233 Engrossed -18- LRB9100494ACmg 1 under the supervision of licensed electricians. A 2 governmental unit may, however, contract for electrical work 3 with any person authorized to engage in electrical work in 4 this State. 5 Section 80. Display of license. Persons who advertise 6 electrical wiring services shall, at their place of business, 7 display the master electrician's license of at least one 8 member of the firm, partnership or officer of the corporation 9 and shall maintain a register listing the names and license 10 numbers of all licensed electricians and all registered 11 apprentices currently employed by them. When advertising 12 electrical wiring services, the license number shall be 13 included in all forms of written or printed advertising and 14 included with the electrical wiring identification of 15 vehicles. The Department may, by rule or regulation, require 16 additional information concerning licensed electricians and 17 registered apprentices maintained in the register. 18 Section 85. Safety standards. All electrical wiring, 19 apparatus, and equipment for electric light, heat, and power 20 shall comply with the rules of the Department of Labor, as 21 applicable, and be installed in conformity with accepted 22 standards of construction for safety to life and property. 23 For the purposes of this Act, the regulations and safety 24 standards stated at the time the work is done in the then 25 most recently published edition of the National Electrical 26 Code as adopted by the National Fire Protection Association, 27 Inc. and approved by the American National Standards 28 Institute, and the National Electrical Safety Code as 29 published by the Institute of Electrical and Electronics 30 Engineers, Inc. and approved by the American National 31 Standards Institute, shall be prima facie evidence of 32 accepted standards of construction for safety to life and HB0233 Engrossed -19- LRB9100494ACmg 1 property. In the event an Illinois building code is 2 formulated containing approved methods of electrical 3 construction for safety to life and property, compliance with 4 the methods of electrical construction of that code shall 5 also constitute compliance with this Section. Nothing in 6 this Act shall prohibit any political subdivision from making 7 and enforcing more stringent requirements than set forth in 8 this Act and those requirements shall be complied with by all 9 licensed electricians working within the jurisdiction of that 10 political subdivision; except that nothing in this Act shall 11 be construed to give a political subdivision the authority to 12 apply those standards or requirements to electrical work 13 performed on a farm. 14 Section 90. Inspections. 15 (a) Except where any political subdivision has by 16 ordinance provided for electrical inspection similar to that 17 provided in this Act, every new electrical installation in 18 any construction, remodeling, replacement, or repair, except 19 minor repair work as defined by the Department by rule, shall 20 be inspected by the Department for compliance with accepted 21 standards of construction for safety to life and property. 22 The Department shall establish standards and 23 qualifications for electrical inspectors by rule. 24 (b) At or before commencement of any installation 25 required to be inspected by the Department, the electrical 26 contractor or owner making the installation shall submit to 27 the Department a request for inspection, in a form prescribed 28 by the Department, together with the fees required for the 29 installation. 30 (c) The fees required are a handling fee and an 31 inspection fee. The handling fee shall be set by the 32 Department in an amount sufficient to pay the cost of 33 bringing and handling the form requesting an inspection. The HB0233 Engrossed -20- LRB9100494ACmg 1 inspection fee shall be set by the Department in an amount 2 sufficient to pay the actual costs of the inspection and the 3 Department's costs in administering the inspection. 4 (d) If the inspector finds that the installation is not 5 in compliance with accepted standards of construction for 6 safety to life and property as required by this Act, the 7 inspector shall, by written order, condemn the installation 8 or the noncomplying portion of the installation, or order 9 service to the installation disconnected, and shall send a 10 copy of the order to the Department. If the installation or 11 the noncomplying part will seriously and proximately endanger 12 human life and property, the order of the inspector, when 13 approved by the inspector's superior, shall require immediate 14 condemnation or disconnection. In all other cases, the order 15 of the inspector shall permit a reasonable opportunity for 16 the installation to be brought into compliance with accepted 17 standards of construction for safety to life and property 18 prior to the effective time established for condemnation or 19 disconnection. 20 (e) Copies of each condemnation or disconnection order 21 shall be served personally or by mail upon the property 22 owner, the electrical contractor or electrician making the 23 installation, and other persons as the Department by rule may 24 direct. An aggrieved party may appeal any condemnation or 25 disconnection order by filing with the Department a notice of 26 appeal within 10 days after (i) service upon the aggrieved 27 party of the condemnation or disconnection order, if this 28 service is required or (ii) filing of the order with the 29 Department, whichever is later. The Department shall adopt 30 rules providing procedures for the conduct of appeals, 31 including provisions for the stay of enforcement of the order 32 of the inspector pending an appeal when justified by the 33 circumstances. 34 (f) The inspectors of the Department shall have the HB0233 Engrossed -21- LRB9100494ACmg 1 authority to enter any building or premises at any reasonable 2 hour in the discharge of their duties, and they shall have 3 the authority, when necessary, to order the removal of any 4 existing obstructions such as laths, plastering, boarding, or 5 partitions that may prevent a proper inspection of the 6 electrical installation. 7 (g) No electrical installation subject to inspection by 8 the Department shall be newly connected or reconnected for 9 use until there is filed, with the electrical utility 10 supplying power, a certificate of the property owner or 11 licensed electrician directing the work that inspection has 12 been requested and that the conditions of the installation 13 are safe for energization. In all cases where an order of 14 condemnation or disconnection has been issued against the 15 installation or any part of the installation, prior to 16 connection or reconnection, there shall also first be filed 17 with the electrical utility supplying the power a copy of an 18 order of the inspector or the Department dismissing the prior 19 order of condemnation or disconnection or approving the 20 installation as being in compliance with accepted standards 21 of construction for safety to life and property. With 22 respect to transient projects, this certificate shall also 23 contain a certification that the request for inspection has 24 been or will be filed with the Department so as to be 25 received by it at least 5 days prior to the date and time 26 energization of the installation by the utility is to occur, 27 and that the request for inspection states the date and time. 28 It shall be the responsibility of the Department to have 29 inspection of the transient project occur prior to the date 30 and time at which the request states energization is to 31 occur. 32 (h) Any political subdivision may make provision for 33 inspection of electrical installations within its 34 jurisdiction, in which case it shall keep on file with the HB0233 Engrossed -22- LRB9100494ACmg 1 Department copies of its current inspection ordinances and 2 codes. Any political subdivision may require any individual, 3 partnership, corporation, or other business association 4 holding a license from the Department to pay any license, 5 registration fee, or permit fees provided however, that any 6 political subdivision may provide by ordinance a requirement 7 that each individual, partnership, corporation, or other 8 business association doing electrical work within the 9 jurisdiction of the political subdivision have on file with 10 the political subdivision a copy of the current license 11 issued by the Department or other evidence of the license as 12 may be provided by the Department. 13 (i) Installations, materials, or equipment shall not be 14 subject to inspection in any of the following situations: 15 (1) When owned or leased, operated, and maintained 16 by any electric utility or electric utility affiliate, 17 communications or railway utility, electric system owned 18 and operated by a municipal corporation or unit of local 19 government, electric, telephone, or telecommunications 20 cooperative, or telephone company in the exercise of its 21 utility or telephone function and that: 22 (A) are used exclusively for the generation, 23 transformation, distribution, transmission, or 24 metering of electric current, the operation of 25 railway signals, or the transmission of 26 intelligence, and do not have as a principal 27 function the consumption or use of electric current 28 by or for the benefit of any person other than the 29 electric utility or electric utility affiliate, 30 communications or railway utility, electric system 31 owned and operated by a municipal corporation or 32 unit of local government, electric, telephone, or 33 telecommunications cooperative, or telephone 34 company; and HB0233 Engrossed -23- LRB9100494ACmg 1 (B) are generally accessible only to employees 2 of the electric utility or electric utility 3 affiliate, communications or railway utility, 4 electric system owned and operated by a municipal 5 corporation or unit of local government, electric, 6 telephone, or telecommunications cooperative, or 7 telephone company or persons acting under its 8 control or direction. 9 (2) When used in the street lighting operations of 10 an electric utility. 11 (3) When used as outdoor area lights that are owned 12 and operated by an electric utility and which are 13 connected directly to its distribution system and located 14 upon the utility's distribution poles, and which are 15 generally accessible only to employees of such utility or 16 persons acting under its control or direction. 17 (j) No inspection under this Act shall be made of farms. 18 (k) A manufacturing corporation that engages in 19 activities incidental to operation or maintenance of its 20 existing business and facilities is not subject to 21 inspection; however, a manufacturing corporation that is 22 involved in new construction that results in the expansion of 23 its existing business or facilities shall be subject to 24 inspection under this Act. 25 Section 95. Order of suspension. An order of 26 suspension, revocation, or reinstatement of a license, or of 27 dismissal of a complaint or petition, or a certified copy of 28 an order, over the seal of the Department and purporting to 29 be signed by the Director, shall be prima facie proof that: 30 (1) the signature is the genuine signature of the 31 Director; 32 (2) the Director is duly appointed and qualified; 33 and HB0233 Engrossed -24- LRB9100494ACmg 1 (3) the Board and its members are qualified to act. 2 Section 100. Manufacturing of electrical apparatus; 3 exemption. Electrical components, apparatus, or appliances 4 being manufactured within the limits of property that is 5 owned or leased by a manufacturer and the manufacturer's 6 production employees shall not be covered by this Act. 7 Installation or repair of electrical appliance units, except 8 (i) electrical wiring to the unit, or (ii) original wiring in 9 or on the unit installed outside the limits of property which 10 is owned or leased by a manufacturer shall not be covered by 11 this Act. 12 Section 105. Violations. 13 (a) Any person violating any provision of this Act or 14 its rules shall be guilty of a Class B misdemeanor and fined 15 a minimum of $100 for the first offense. A second or 16 subsequent violation of this Act shall be a Class A 17 misdemeanor with a minimum fine of $200. Each day a violation 18 continues constitutes a separate offense. The State's 19 Attorney of the County in which the violation occurred or the 20 Attorney General shall prosecute these actions in the name of 21 the People of the State of Illinois. The court may enjoin the 22 use of electricity installed in violation of this Act or its 23 rules until it has been corrected to comply with the National 24 Electrical Code. 25 (b) If it is established that the defendant, contrary to 26 this Act, has been engaging, is engaging, or is about to 27 engage in electrical work without having been issued a 28 license, or has been engaging or is about to engage in 29 electrical work after his or her license has been suspended 30 or revoked or after his or her license has not been renewed, 31 the Court may enter a decree perpetually enjoining the 32 defendant from further engaging in electrical work contrary HB0233 Engrossed -25- LRB9100494ACmg 1 to this Act. In case of a violation of any injunction issued 2 under this Section, the Court may summarily try and punish 3 the offender for contempt of court. Injunction proceedings 4 shall be in addition to, and not in lieu of, all penalties 5 and other remedies in this Act. 6 Section 110. Uniform Electrical Violation Citation. 7 (a) The Department may issue a citation for violations 8 of this Act and its rules and ordinances of political 9 subdivisions. The citation must be in a form as provided in 10 this Section. 11 (b) The Department shall prescribe the detailed form of 12 an electrical violation citation and shall revise the 13 citation as it considers necessary and proper to keep the 14 citation in conformity with the Department's rules. 15 (c) A political subdivision that has made provision for 16 inspection of electrical installations within its 17 jurisdiction may use or alter, by deletion or addition, the 18 electrical violation citation adopted by the Department under 19 this Section. 20 Section 115. Electricians practicing before this Act. 21 Electrical contractors who are in the business on January 1, 22 2000, and who file a license application with the Department 23 within 180 days after the effective date of this Act shall be 24 granted a license which shall be valid for one year from the 25 date of issuance. These licenses shall be subject to annual 26 renewal as provided in this Act. 27 Persons who have five years experience as provided in 28 Section 25 of this Act in performing electrical work as 29 defined in this Act on July 1, 2000, and who file a license 30 application with the Department within 180 days after July 1, 31 2000, shall be granted a license which shall be valid for one 32 year from the date of issuance. These licenses shall be HB0233 Engrossed -26- LRB9100494ACmg 1 subject to annual renewal as provided in this Act. 2 Electrical inspectors who are employed by a governmental 3 unit and engaged in the regulation and inspection of 4 electrical wiring activities regulated under this Act on July 5 1, 2000, and who file a license application with the 6 Department within one year after July 1, 2000, shall be 7 granted a journeyman electrician license that shall be valid 8 for one year from the date of issuance. 9 Section 120. 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 125. 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 130. 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 135. Electrical Safety Standards Fund. The HB0233 Engrossed -27- LRB9100494ACmg 1 Electrical Safety Standards Fund is created as a special fund 2 in the State treasury. All fees and fines collected under 3 this Act shall be deposited into the Fund. All money in the 4 Electrical Safety Standards Fund may be used, subject to 5 appropriation, by the Department for the administration of 6 this Act. 7 Section 195. The Regulatory Sunset Act is amended by 8 adding Section 4.20 as follows: 9 (5 ILCS 80/4.20 new) 10 Sec. 4.20. Act repealed on January 1, 2010. The 11 following Act is repealed on January 1, 2010: 12 The Electrician Licensing Act. 13 Section 197. The State Finance Act is amended by adding 14 Section 5.490 as follows: 15 (30 ILCS 105/5.490 new) 16 Sec. 5.490. The Electrical Safety Standards Fund. 17 Section 200. This Act takes effect July 1, 2000.