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90_HB0681
New Act
5 ILCS 80/4.18 new
30 ILCS 105/5.449 new
65 ILCS 5/11-33-1 rep.
Creates the Electrician Licensing Act to regulate the
electrical wiring practices of electricians and electrical
contractors through licensure requirements. Creates the
Board of Electrical Examiners Fund. Repealed January 1,
2008. Effective 180 days after becoming law.
LRB9000331DPcc
LRB9000331DPcc
1 AN ACT to create the Electrician Licensing Act, amending
2 named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short title. This Act may be cited as the
6 Electrician Licensing Act.
7 Section 5. Purpose and policy. It has been established
8 by documented evidence that improper electrical wiring can
9 adversely affect the well being of the public. Improper
10 electrical wiring can cause fires due to short circuits and
11 overloading of protection devices. Faulty wiring is
12 potentially lethal and can cause widespread fires with
13 disastrous consequences to persons and property. To protect
14 the health of the public, it is essential that electrical
15 wiring be installed by persons who have proven their
16 understanding, ability, and skill in installing electrical
17 wiring.
18 To safeguard the health of the people of this State, the
19 General Assembly declares that individuals who plan, inspect,
20 install, alter, extend, repair, and maintain electrical
21 wiring systems shall be individuals of proven skill. The
22 General Assembly further declares that a guide for electrical
23 materials and equipment, the design of electrical systems,
24 and the methods of construction and installation of
25 electrical systems is essential for the protection of public
26 health. To ensure proper electrical wiring practice, this
27 Act provides for the licensing of electricians and electrical
28 contractors and for the Department's adoption of the National
29 Electrical Code. This Act is therefore declared to be
30 essential to the public interest.
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1 Section 10. Definitions. As used in this Act:
2 "Approved apprenticeship program" means an apprenticeship
3 program approved by the United States Department of Labor
4 Bureau of Apprenticeship and Training.
5 "Board" means the Board of Electrical Examiners.
6 "Department" means the Illinois Department of Public
7 Health.
8 "Director" means the Director of the Illinois Department
9 of Public Health.
10 "Electrical contractor" means a person, partnership, or
11 corporation operating a business that undertakes or offers to
12 undertake to complete, organize for, or supervise the
13 installation of, or install, make additions to, alter,
14 maintain, or repair wiring, apparatus, or equipment for
15 electric light, heat, or power, with or without compensation,
16 and that is licensed as an electrical contractor by the
17 Illinois Department of Public Health. "Electrical contractor"
18 does not mean a manufacturing corporation having 2000 or more
19 employees that engages in activities described in this
20 paragraph incidental to the operation or maintenance of its
21 own business and facilities.
22 "Governmental unit" means a city, village, incorporated
23 town, or county.
24 "Journeyman electrician" means a person having the
25 necessary qualifications, training, experience, and technical
26 knowledge to wire for, install, maintain, and repair
27 electrical wiring, apparatus, and equipment for electrical
28 light, heat, and power, and who is licensed as a journeyman
29 electrician by the Illinois Department of Public Health.
30 "Master electrician" means a person having the necessary
31 qualifications, training, experience, and technical knowledge
32 to wire for, install, maintain, and repair, and to properly
33 complete, organize, and supervise the installation of,
34 wiring, apparatus, and equipment for electric light, heat,
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1 and power, and who is licensed as a master electrician by the
2 Illinois Department of Public Health.
3 "Owner" means a natural person who physically performs
4 electrical work on premises that the person owns and actually
5 occupies as a residence or owns and will occupy as a
6 residence upon completion of construction.
7 "Registered apprentice" means a person registered with
8 the United States Department of Labor Bureau of
9 Apprenticeship Training who is learning the trade of
10 electrical wiring under the supervision of a licensed
11 electrician.
12 "Residential electrician" means a person having the
13 necessary qualifications, training, experience, and technical
14 knowledge to construct, wire, alter, maintain, or repair
15 single family homes or apartment buildings and who is
16 licensed as a residential electrician by the Illinois
17 Department of Public Health.
18 Section 15. Board of Electrical Examiners; duties.
19 (a) There is created the Board of Electrical Examiners
20 that shall exercise its duties provided in this Act under the
21 supervision of the Department. The Board shall consist of 11
22 members appointed by the Director. The Board shall be
23 composed of 3 licensed master electricians, 3 licensed
24 electrical contractors, one licensed electrical engineer, one
25 International Association of Electrical Inspectors certified
26 inspector, one representative of a public utility, the State
27 Fire Marshal, and a member of the general public. In making
28 the appointments to the Board, the Director shall consider
29 the recommendations of individuals, firms, or organizations
30 involved in electrical wiring practice in this State. The
31 Director shall appoint minorities to the Board in proportion
32 to their representation in the population. Members of the
33 Board shall serve 4 year terms and until their successors are
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1 appointed and qualified. The initial appointments, however,
2 shall be as follows: 3 members for terms of 2 years, 3
3 members for terms of 3 years, and 4 members for terms of 4
4 years. The State Fire Marshal's membership on the Board
5 shall be continuous. Board members shall receive no
6 compensation but shall be reimbursed for expenses incurred in
7 connection with their duties as Board members.
8 (b) To aid the Director and the Department in
9 implementing this Act, the Board shall:
10 (1) Prepare subject matter for examinations as
11 provided in this Act.
12 (2) Suggest rules to govern examinations and
13 hearings for suspension, revocation, or reinstatement of
14 licenses.
15 (3) Submit recommendations to the Director from
16 time to time for the efficient administration of this
17 Act.
18 (4) Perform other duties prescribed by the Director
19 from time to time.
20 Section 20. Powers and duties of the Director. The
21 Director shall:
22 (1) Prepare forms for application for examination
23 for master, journeyman, and residential electrician
24 licenses.
25 (2) Prepare and issue licenses as provided in this
26 Act.
27 (3) With the aid of the Board, prescribe rules for
28 examination of applicants for master, journeyman, and
29 residential electrician licenses.
30 (4) With the aid of the Board, prepare and give
31 uniform and comprehensive examinations to applicants for
32 master, journeyman, and residential electrician licenses
33 that shall test the applicants' knowledge and
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1 qualifications in the planning and design of electrical
2 systems, their knowledge, qualifications, and manual
3 skills in electrical installations, and their knowledge
4 of the National Electrical Code relating to materials,
5 design, and methods of installation of electrical
6 systems.
7 (5) Ensure that all tests are administered and
8 graded by State employees in a manner that does not
9 compromise the integrity of the Act.
10 (6) Issue master, journeyman, and residential
11 electrician licenses and renewal licenses to every
12 applicant who has passed the examination and who has paid
13 the required license or renewal fee.
14 (7) Prescribe rules for hearings for denial,
15 suspension, revocation, or reinstatement of licenses as
16 provided in this Act.
17 (8) Maintain a current record of: the names and
18 addresses of licensed master, journeyman, and residential
19 electricians and registered apprentices; the dates of
20 issuance of licenses; the date and substance of the
21 charges set forth in any hearing for denial, suspension,
22 or revocation of a license; the date and substance of the
23 final order issued upon such a hearing; and the date and
24 substance of all petitions for reinstatement of licenses
25 and final orders on petitions.
26 (9) Establish and collect fees for the examination
27 of applicants, the issuance and renewal of licenses and
28 the handling and inspection of new electrical
29 installations.
30 (10) Provide for the inspection of new electrical
31 installations in construction, remodeling, replacement,
32 maintenance, and repair projects.
33 (11) Formulate and publish rules necessary or
34 appropriate to carry out the provisions of this Act.
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1 Section 25. Licenses.
2 (a) Except as otherwise provided by law, no person shall
3 complete, organize, install, repair, maintain, lay out, or
4 supervise the installation of wiring, apparatus, or equipment
5 for electrical light, heat, or power unless the person is
6 licensed by the Department as a master electrician and the
7 work is for a licensed electrical contractor and the person
8 is the licensed electrical contractor or an employee,
9 partner, or officer of the licensed electrical contractor, or
10 the work is performed for the person's employer on electrical
11 equipment, apparatus, or facilities that are owned or leased
12 by the employer and are located on property owned or leased,
13 operated, and maintained by the employer.
14 An applicant for a master electrician license shall:
15 (1) have a Bachelor of Science degree from an
16 approved electrical engineering program; or
17 (2) have at least one year of experience,
18 acceptable to the Director, as a licensed journeyman; or
19 (3) have at least 5 years experience, acceptable to
20 the Director, in organizing for, directing, completing,
21 supervising, and installing wiring, apparatus, or
22 equipment for electrical light, heat, and power; or
23 (4) have at least 6 years experience, acceptable to
24 the Director, with an electrical contracting company in
25 organizing, estimating, directing, completing, and
26 supervising, under the supervision of a licensed master
27 electrician, the installation of wiring, apparatus, and
28 equipment for electric light, heat and power.
29 (b) Except as otherwise provided by law, no person shall
30 wire for, install, maintain, or repair electrical wiring,
31 apparatus, or equipment for electrical light, heat or power,
32 unless the person is licensed by the Department as a
33 journeyman electrician employed by a licensed electrical
34 contractor. Nothing in this subsection (b), however, shall
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1 prohibit a master electrician from performing the work of a
2 journeyman electrician.
3 An applicant for a journeyman electrician license shall
4 have at least 5 years experience, acceptable to the Director,
5 in wiring for, installing, and repairing electrical wiring,
6 apparatus, or equipment. The Department may by rule provide
7 for the allowance of one year of experience credit for
8 successful completion of a 2 year, post high school
9 electrical course approved by the Board. The Director shall
10 accept as the necessary 5 years experience the successful
11 completion of an approved apprenticeship program, provided
12 the applicant has at least 4 years experience with one or
13 more licensed electrical contractors.
14 (c) Any person who is enrolled in an approved
15 apprenticeship program may work as an apprentice to a
16 licensed electrician. However, any new electrical work done
17 by a registered apprentice electrician must be inspected at
18 least once after initial rough-in and once upon completion by
19 an Illinois licensed electrician. In addition, all
20 renovation, alteration, repair, extension, modification, and
21 maintenance work performed by a registered apprentice
22 electrician on an existing electrical system must be approved
23 by an Illinois licensed electrician.
24 (d) Except as otherwise provided by law, no person shall
25 construct, wire, alter, maintain, or repair electrical wiring
26 in single family houses or apartment buildings unless the
27 person is licensed by the Department as a residential
28 electrician and is employed by a licensed electrical
29 contractor. Nothing in this subsection (d), however, shall
30 prohibit a master electrician or journeyman electrician from
31 performing the work of a residential electrician.
32 An applicant for a residential electrician license shall
33 have at least 3 years experience, acceptable to the Director,
34 in the construction, wiring, alteration, or repair of single
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1 family houses or apartment buildings. The Department may by
2 rule provide for the allowance of one year of experience
3 credit for successful completion of a 2 year, post high
4 school electrical course approved by the Board. The Director
5 shall also accept, as the necessary 3 years experience, the
6 successful completion of an approved apprenticeship program
7 provided the applicant has completed at least 3 years
8 experience with one or more licensed electrical contractors.
9 (e) Except as otherwise provided by law, no person other
10 than an employee of a licensed electrical contractor as
11 defined in this Act or an employee of a manufacturing
12 corporation having 2000 or more employees that engages in the
13 activities of an electrical contractor incidental to the
14 operation or maintenance of its own business and facilities
15 shall undertake or offer to undertake to organize for,
16 direct, complete, supervise the installation of, or install,
17 make additions to, alter, maintain or repair wiring,
18 apparatus, and equipment for electrical light, heat, or power
19 with or without compensation unless the person first obtains
20 an electrical contractor license.
21 An electrical contractor license does not of itself
22 qualify its holder to perform the electrical work authorized
23 by holding any class of electrician's license.
24 Before an electrical contractor license is issued by the
25 Department, an electrical contractor shall file a bond with
26 the Department in the amount of $5,000 conditioned upon the
27 faithful and lawful performance of all electrical work
28 entered into by the contractor within the State of Illinois.
29 The bond shall be for the benefit of persons injured or
30 suffering financial loss because of the electrical
31 contractor's failure of performance. The bond shall be filed
32 with the Department and shall be in lieu of all other license
33 bonds to any political subdivision. The bond shall be
34 written by a corporate surety licensed to do business in the
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1 State of Illinois.
2 Each licensed electrical contractor shall maintain in
3 effect general liability insurance that includes premises and
4 operations insurance and products and completed operations
5 insurance, with limits of at least $100,000 per occurrence,
6 $300,000 aggregate limit for bodily injury, and property
7 damage insurance with limit of at least $25,000, or a policy
8 with a single limit for bodily injury and property damage of
9 $300,000 per occurrence and $300,000 aggregate. The
10 insurance policy required by this Section shall be written by
11 an insurer licensed to do business in the State of Illinois,
12 and each licensed electrical contractor shall maintain on
13 file with the Department a certificate evidencing insurance
14 that provides that the insurance shall not be cancelled
15 without the insurer first giving 15 days written notice of
16 the cancellation to the Department.
17 No electrical contractor shall engage in business unless
18 he or she is, or has in his or her employ, a licensed master
19 electrician, who shall be responsible for the performance of
20 all electrical work in accordance with the requirements of
21 this Act. When an electrical contractor license is held by
22 an individual, partnership, or corporation and the
23 individual, one of the partners, or an officer of the
24 corporation, respectively, is not the responsible master
25 electrician of record, all requests for inspection shall be
26 signed by the responsible master electrician of record. The
27 application for an electrical contractor license must include
28 a verified statement that the designated responsible master
29 electrician is a full time employee of the individual,
30 partnership, or corporation applying for an electrical
31 contractor license. For purposes of this Section, a full
32 time employee of a licensed electrical contractor is an
33 individual who is not employed as a licensed electrician by
34 any other electrical contractor.
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1 Section 30. Examination. Except as otherwise provided
2 in this Act, an applicant for an electrician license must
3 pass a written examination given by the Department for the
4 type of license sought to ensure the competence of each
5 applicant for licensure. No person failing an examination
6 may retake it for 6 months, but may, within 6 months, take an
7 examination for a lesser grade of license. Any licensee
8 failing to renew his or her license for 2 years of more after
9 its expiration shall be required to retake the examination
10 before he or she is issued a new license.
11 Section 35. Experience requirements.
12 (a) Except as otherwise provided for a master
13 electrician license under this Act, an applicant for an
14 electrician license must meet the experience requirements of
15 Section 25 before examination for licensure.
16 (b) The maximum allowable credit for electrical
17 experience:
18 (1) before age 16 is 6 months;
19 (2) in the military service is 12 months;
20 (3) in foreign countries is 12 months; and
21 (4) acquired during the school term of an approved
22 post high school electrical course is 12 months.
23 (c) Experience in wiring and installing, and organizing,
24 directing, and supervising the installation of, wiring,
25 apparatus, and equipment for electric light, heat, and power
26 is acceptable to the Director if the experience is obtained
27 in the following situations:
28 (1) While an employee of an electrical contractor
29 licensed under this Act.
30 (2) While working in Illinois for an employer who
31 is not required to be licensed as an electrical
32 contractor, if the work is inspected by and performed
33 under the supervision of an electrician licensed in this
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1 State.
2 (3) While performing electrical work in Illinois
3 for an employer who is exempt from licensing and when the
4 work is exempt from inspection, or when the work is
5 performed on federal property by a federal employee, if
6 the Department has determined in either situation that
7 the experience is substantially equal to that acquired in
8 performing work while an employee of a licensed
9 electrical contractor.
10 (4) While performing electrical work outside of
11 Illinois, which the Department has determined is
12 substantially equivalent to the work performed in
13 Illinois while an employee of an electrical contractor
14 licensed in Illinois. This determination must be based
15 on a certification by the employer for the type of work
16 performed by the applicant.
17 Section 40. Military and government exemption. The
18 Department shall reinstate a license that expires while a
19 licensee is in active military service or government service
20 of the United States upon application to the Department by
21 the licensee within 2 years after termination of the military
22 service or government service, payment of the annual license
23 fee, and submission of evidence of the military service or
24 government service. The license shall be reinstated without
25 examination and without payment of the lapsed renewal fee.
26 Section 45. License and renewal fees. All licenses
27 issued under this Act shall expire annually in a manner as
28 provided by the Department. Fees, as set forth in Section
29 105 of this Act, shall be payable for examination for, and
30 issuance and renewal of, all licenses under this Act.
31 Section 50. Grounds for denial, suspension, and
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1 revocation of licenses. The Department may by order deny,
2 suspend, revoke, or refuse to renew a license or may censure
3 a licensee if it finds that it is in the public interest to
4 do so and that the applicant or licensee:
5 (1) has filed an application for a license that is
6 incomplete in any material respect or contains a
7 statement that, in light of the circumstances under which
8 it is made, is false or misleading with respect to any
9 material fact;
10 (2) has engaged in any fraudulent, deceptive, or
11 dishonest practice;
12 (3) has been convicted within the past 5 years of a
13 misdemeanor involving a violation of this Act; or
14 (4) has violated any provision of this Act or its
15 rules or any order issued under this Act; a violation
16 need not be willful.
17 The Department may adopt rules that further define
18 actions and omissions that constitute fraudulent, deceptive,
19 or dishonest practices, and may establish standards of
20 conduct for licensees.
21 Section 55. Grounds for suspension of license. In
22 addition to the grounds provided for in Section 50 of this
23 Act, the Department may temporarily suspend a license and
24 call for a hearing when its findings show one or more of the
25 following:
26 (1) The licensee obtained or conspired with others
27 to obtain a license by inducing the issuance of the
28 license in consideration of the payment of money or
29 delivery of any other thing of value or by and through
30 misrepresentation of facts.
31 (2) The licensee willfully violated any law of this
32 State or any rules, regulation or code regulating
33 electrical wiring installations, licensed electricians,
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1 or registered apprentice electricians.
2 (3) The licensee was previously negligent or
3 incompetent in the installation of electrical wiring.
4 (4) The licensee loaned or in any manner
5 transferred his or her license to another person.
6 (5) The licensee failed to file a tax return, pay
7 the tax, penalty or interest shown in a filed return, or
8 pay any final assessment of tax, penalty or interest, as
9 required by any tax Act administered by the Illinois
10 Department of Revenue, until the requirements of the tax
11 Act are satisfied.
12 If a license is suspended or revoked, the license shall
13 be surrendered to the Department, but it shall be returned to
14 the licensee upon termination of the suspension or revocation
15 period.
16 Section 60. Continuation of business by estates. Upon
17 the death of a master electrician who is an electrical
18 contractor, the Department may allow the decedent's
19 representative to carry on the business of the decedent for a
20 period not to exceed 6 months, for the purpose of completing
21 work under contract or otherwise to comply with this Act.
22 The representative shall give any bond as the Department may
23 require conditioned upon the faithful and lawful performance
24 of the work. The bond shall be for the benefit of persons
25 injured or suffering financial loss by reason of failure of
26 performance. The bond shall be written by a corporate surety
27 licensed to do business in the State of Illinois. The
28 decedent's representative shall also comply with all public
29 liability and property damage insurance requirements imposed
30 by this Act upon a licensed electrical contractor. The
31 decedent's heirs shall have the option of hiring a
32 replacement master electrician and obtaining an electrical
33 contractor license.
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1 Section 65. Endorsement. The Department may grant an
2 electrician license of the same grade and class, without
3 examination, to an electrician who has been licensed by
4 another state for at least one year, upon payment by the
5 applicant of the required fee, and upon the Department being
6 furnished with proof that the qualifications of the applicant
7 are equal to the qualifications of holders of similar
8 licenses in Illinois.
9 Section 70. Exceptions to licensure.
10 (a) Employees of any manufacturing corporation having
11 2000 or more employees, or electric, municipal or railway
12 utility, or of an independent contractor performing work on
13 behalf of any such utility, shall not be required to hold a
14 license under any of the following conditions:
15 (1) While performing work on installations,
16 materials, or equipment that are owned or leased,
17 operated, and maintained by the manufacturing corporation
18 having 2000 or more employees or the utility in the
19 exercise of its utility or manufacturing function, and
20 that (i) are used exclusively for the generation,
21 transformation, distribution, transmission, or metering
22 of electric current, the operation of railway signals, or
23 the transmission of intelligence, and do not have as a
24 principal function the consumption or use of electric
25 current by or for the benefit of any person other than
26 the manufacturing corporation having 2000 or more
27 employees or the utility and (ii) are generally
28 accessible only to employees of the manufacturing
29 corporation having 2000 or more employees or the utility
30 or persons acting under its control or direction.
31 (2) While performing work on installations,
32 materials, or equipment that are a part of the street
33 lighting operations of the utility.
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1 (3) While installing or performing work on outdoor
2 area lights that are directly connected to a utility's
3 distribution system and located upon the utility's
4 distribution poles, and are generally accessible only to
5 employees of the utility or persons acting under its
6 control or direction.
7 (b) Employees of a business entity engaged in industrial
8 or manufacturing operations, including the manufacturing
9 operations as a whole, while engaged in activities within the
10 scope of their employment for their employer shall not be
11 required to hold a license under this Act.
12 (c) An owner shall not be required to hold or obtain a
13 license under this Act. However, electrical work performed
14 by an owner shall comply with the minimum standards contained
15 in the National Electrical Code and shall be subject to
16 inspection by the Department or its authorized
17 representative. An owner shall not employ anyone other than
18 an electrician licensed under this Act to assist him or her.
19 (d) Any city, village, or incorporated town having a
20 population of 500,000 or more may, by an ordinance containing
21 provisions substantially the same as those in this Act and
22 specifying educational or experience requirements equivalent
23 to those prescribed in the Act, provide for a board of
24 electrical examiners to conduct examinations for, and to
25 issue, suspend, or revoke electrician licenses within the
26 city, village or incorporated town. Upon the enactment of
27 such an ordinance, the provisions of this Act shall not apply
28 within that municipality except as otherwise provided in this
29 Act. Any person licensed as an electrician under a local
30 ordinance allowed under this subsection, or licensed by the
31 Department under this Act, may engage in electrical wiring
32 installation anywhere in this State.
33 (e) Nothing in this Act shall be construed to prevent
34 the practice of architecture as defined in the Illinois
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1 Architecture Practice Act of 1989, the practice of
2 professional engineering as defined in the Professional
3 Engineering Practice Act of 1989 or the practice of
4 structural engineering as defined in the Structural
5 Engineering Licensing Act of 1989.
6 (f) The provisions of this Act shall not apply to the
7 installation, replacement, service, or repair of household
8 products, including audio and video equipment, appliances,
9 garbage disposals, fans, lights, and garage door openers by a
10 business entity primarily engaged in the retail sale of
11 consumer products.
12 (g) The repair of existing electrical systems that does
13 not require a change in the wiring to or from electrical
14 fixtures or does not involve the removal, replacement,
15 installation or reinstallation of any wiring or electrical
16 fixtures is exempt from the licensing provisions of this Act.
17 (h) Electrical components, apparatus, or appliances
18 manufactured within the limits of property that is owned or
19 leased by a manufacturer and the manufacturer's production
20 employees shall not be covered by this Act. Installation or
21 repair of electrical appliance units, except (i) electrical
22 wiring to the unit, or (ii) original wiring in or on the unit
23 installed outside the limits of property which is owned or
24 leased by a manufacturer, shall not be covered by this Act.
25 Section 75. Governmental units. No municipal
26 corporation or political subdivision shall engage in
27 electrical work unless the work is performed by one or more
28 electricians licensed under this Act or apprentice
29 electricians under the supervision of electricians licensed
30 under this Act. However, a governmental unit may contract
31 for electrical work with any person authorized to engage in
32 electrical work in this State.
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1 Section 80. Display of license; advertising of services.
2 Persons who advertise electrical wiring services shall, at
3 their place of business, display in a conspicuous place the
4 master electrician license of at least one member of the
5 firm, partnership or officer of the corporation and shall
6 maintain a register listing the names and license numbers of
7 all licensed electricians and registered apprentices
8 currently employed by them. When advertising electrical
9 wiring services, the license number shall be included in all
10 written or printed advertising forms, including advertising
11 on vehicles. The Department may, by rule, require additional
12 information concerning licensed electricians and registered
13 apprentices maintained in the register.
14 Section 85. Safety standards. All electrical wiring,
15 apparatus and equipment for electric light, heat, and power
16 shall comply with applicable rules and regulations of the
17 Illinois Department of Public Health, and shall be installed
18 in conformity with accepted standards of construction for
19 safety to life and property. For the purposes of this Act,
20 the regulations and safety standards stated at the time the
21 work is done in the then most recently published edition of
22 the National Electrical Code as adopted by the National Fire
23 Protection Association, Inc. and approved by the American
24 National Standards Institute, and the National Electrical
25 Safety Code as published by the Institute of Electrical and
26 Electronics Engineers, Inc. and approved by the American
27 National Standards Institute, shall be prima facie evidence
28 of accepted standards of construction for safety to life and
29 property. In the event an Illinois building code is
30 formulated containing approved methods of electrical
31 construction for safety to life and property, compliance with
32 the methods of electrical construction of that code shall
33 also constitute compliance with this Section. Nothing in
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1 this Act shall prohibit any governmental unit from making and
2 enforcing more stringent requirements than the requirements
3 of this Act and the local requirements shall be complied with
4 by all licensed electricians working within the jurisdiction
5 of that governmental unit.
6 Section 90. Inspections.
7 (a) Except where a governmental unit has by ordinance
8 provided for electrical inspection similar to that provided
9 in this Act, every new electrical installation in any
10 construction, remodeling, replacement, or repair, except
11 minor repair work as defined by the Department by rule or
12 regulation, shall be subject to inspection by the Department
13 or its authorized representative for compliance with accepted
14 standards of construction for safety to human life and
15 property.
16 All inspectors shall hold licenses as master or
17 journeyman electricians under this Act and shall be
18 International Association of Electrical Inspectors certified
19 inspectors.
20 (b) At or before commencement of any installation
21 subject to inspection under this Act, the electrical
22 contractor or owner making the installation shall submit to
23 the Department or its authorized representative a request for
24 inspection, in a form prescribed by the Department, together
25 with all fees required for the installation, including any
26 administrative and inspection fees.
27 If an inspector of the Department finds that the
28 installation is not in compliance with accepted standards of
29 construction for safety to life and property as required by
30 this Act, the inspector shall by written order condemn the
31 installation or the noncomplying portion of the installation,
32 or order service to the installation disconnected, and shall
33 send a copy of the order to the Department or its authorized
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1 representative. If the installation or the noncomplying part
2 of the installation will seriously and proximately endanger
3 human life or 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 Copies of each condemnation or disconnection order shall
12 be served personally or by mail upon the property owner, the
13 electrical contractor or electrician making the installation,
14 and other persons as the Department by rule or regulation 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 The inspectors of the Department or its authorized
26 representative shall have the authority to enter any building
27 or premises at any reasonable hour in the discharge of their
28 duties, and they shall have the authority, when necessary, to
29 order the removal of any existing obstructions such as laths,
30 plastering, boarding, or partitions that may prevent a proper
31 inspection of the electrical installation.
32 (c) No electrical installation subject to inspection
33 under this Act shall be newly connected or reconnected for
34 use until there is filed, with the electrical utility
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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 any
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 respect
13 to transient projects, this certificate shall also contain a
14 certification that the request for inspection has been or
15 will be filed with the Department so as to be received by the
16 Department at least 5 days prior to the scheduled date and
17 time for energization of the installation by the utility, and
18 that the request for inspection states the date and time for
19 energization. The Department shall ensure that the transient
20 project is inspected prior to the date and time at which the
21 request states energization is to occur.
22 (d) Any governmental unit may provide for inspection of
23 electrical installations within its jurisdiction, in which
24 case it shall keep on file with the Department copies of its
25 current inspection ordinances and codes. Any governmental
26 unit may require an individual, partnership, corporation or
27 other business association holding a license from the
28 Department to pay any license, registration, or permit fees
29 provided that the governmental unit may provide by ordinance
30 a requirement that each individual, partnership, corporation
31 or other business association doing electrical work within
32 the jurisdiction of the governmental unit have on file with
33 the governmental unit a copy of the current license issued by
34 the Department or evidence of the license as may be provided
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1 by the Department. Each electrical inspector of any
2 governmental unit shall be a licensed master or journeyman
3 electrician under this Act.
4 (e) Installations, materials, or equipment shall not be
5 subject to inspection in any of the following situations:
6 (1) When owned or leased, operated, and maintained
7 by a manufacturing corporation having 2000 or more
8 employees or any electric or railway utility in the
9 exercise of its utility or manufacturing function and
10 that:
11 (A) are used exclusively for the generation,
12 transformation, distribution, transmission, or
13 metering of electric current, the operation of
14 railway signals, or the transmission of
15 intelligence, and do not have as a principal
16 function the consumption or use of electric current
17 by or for the benefit of any person other than the
18 utility or the manufacturing corporation having 2000
19 or more employees;
20 (B) are generally accessible only to employees
21 of the utility or any manufacturing corporation
22 having 2000 or more employees or persons acting
23 under its control or direction; and
24 (C) are not on the load side of the meter.
25 (2) When used in the street lighting operations of
26 an electric utility.
27 (3) When used as outdoor area lights that are owned
28 and operated by an electric utility; when connected
29 directly to its distribution system; when located upon
30 the utility's distribution poles; and when generally
31 accessible only to employees of such utility or persons
32 acting under its control or direction.
33 (4) When owned or leased, operated, and maintained
34 by any business organization engaged in industrial or
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1 manufacturing operations for its own behalf on premises
2 that it occupies, provided the work is performed by
3 employees of the manufacturing corporation or utility.
4 Section 95. Order of suspension. An order of suspension,
5 revocation, or reinstatement of a license, or of dismissal of
6 a complaint or petition, or a certified copy of an order,
7 over the seal of the Department and purporting to be signed
8 by the Director shall be prima facie proof that:
9 (1) The signature is a genuine signature of the
10 Director.
11 (2) The Director is duly appointed and qualified.
12 (3) The Board and its members are qualified to act.
13 Section 100. Violations.
14 (a) Any person violating any provision of this Act or
15 its rules or regulations shall be guilty of a Class B
16 misdemeanor and fined a minimum of $100 for the first
17 offense. A second or subsequent violation of this Act shall
18 be a Class A misdemeanor with a minimum fine of $200. Each
19 day a violation continues constitutes a separate offense.
20 The State's Attorney of the county in which the violation
21 occurred or the Attorney General shall prosecute these
22 actions in the name of the People of the State of Illinois.
23 The court may enjoin the use of electrical wiring installed
24 in violation of this Act or its rules or regulations until it
25 has been corrected to comply with the National Electrical
26 Code.
27 (b) If it is established that the defendant charged
28 pursuant to this Section has been engaging, is engaging, or
29 is about to engage in electrical work without having been
30 issued a license, or has been engaging or is about to engage
31 in electrical work after his or her license has been
32 suspended or revoked or after his or her license has not been
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1 renewed, a court may enter a decree perpetually enjoining the
2 defendant from further engaging in electrical work contrary
3 to this Act. In case of a violation of any injunction issued
4 under this Section, the court may summarily try and punish
5 the offender for contempt of court. Injunction proceedings
6 shall be in addition to, and not in lieu of, all penalties
7 and other remedies in this Act.
8 Section 105. Fees. The following fees are
9 nonrefundable:
10 (1) The fee application for a license or temporary
11 license is $100.
12 (2) The fee for the renewal of a license is $25.
13 (3) The fee for the reinstatement of a license that
14 has been expired for less than 2 years is $50, plus
15 payment of all unpaid renewal fees.
16 (4) The fee for the restoration of a license that
17 has been expired for more than 2 years is $100.
18 (5) The fee for the issuance of a duplicate
19 license, the issuance of a replacement license that has
20 been lost or destroyed, or the issuance of a license with
21 a change of name or address, other than during the
22 renewal period, is $25. No fee is required for name and
23 address changes on Department records when no duplicate
24 license is issued.
25 (6) The fee for the certification of a licensee's
26 record for any purpose is $25.
27 (7) The fee for the rescoring of an examination is
28 the cost to the Department of rescoring the examination,
29 plus any fees charged by the applicable testing service
30 to have the examination rescored.
31 (8) The fee for copies of a license shall be the
32 actual cost of producing the copies.
33 (9) The fee for a roster of persons licensed as
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1 electricians is the actual cost of producing the roster.
2 (10) The fee for application for a license by an
3 electrician registered or licensed under the laws of
4 another state is $100.
5 Fees collected under this Act shall be deposited into the
6 Board of Electrical Examiners Fund, which is created as a
7 special fund in the State treasury, and the General Revenue
8 Fund, in proportions deemed appropriate by the Board. Moneys
9 deposited into the Board of Electrical Examiners Fund shall
10 be appropriated to the Department for ordinary and contingent
11 expenses of the Department and the Board in the
12 administration of this Act and for direct and allocable
13 indirect costs related to the public purposes of the
14 Department. Moneys in the Fund may be invested and
15 reinvested, with all earnings received from investments to be
16 deposited into that Fund and used for the same purposes as
17 fees deposited in that Fund. Moneys in the Fund may be
18 transferred to the Professions Indirect Cost Fund as
19 authorized by Section 61e of the Civil Administrative Code of
20 Illinois.
21 Section 110. Returned checks. Any person who issues or
22 delivers a check or other order to the Department that is not
23 honored on 2 occasions by the financial institution upon
24 which it is drawn because of insufficient funds in the
25 account, the account is closed, or a stop payment has been
26 placed on the check or order shall pay to the Department, in
27 addition to the amount owing upon the check or other order, a
28 fee of $25. If the check or other order was issued or
29 delivered in payment of a renewal or issuance fee and the
30 person whose license has lapsed continues to wire for,
31 install, maintain, and repair electrical wiring, apparatus,
32 and equipment without paying the renewal or issuance fee and
33 the required $25 fee under this Section, an additional fee of
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1 $50 shall be imposed. The fees imposed by this Section are
2 in addition to any other disciplinary provision under this
3 Act prohibiting practice on an expired or unrenewed license.
4 The Department shall notify the person whose license has
5 lapsed, within 30 days after the discovery of the lapse, that
6 the individual is engaged in unauthorized wiring for,
7 installing, maintaining, and repairing electrical wiring,
8 apparatus, and equipment for electric light, heat, or power
9 and of the amount due to the Department which shall include
10 the lapsed renewal fee and all other fees required by this
11 Section. If, after the expiration of 30 days from the date
12 of the notification, the person whose license has lapsed
13 seeks a current license, he or she must apply to the
14 Department for restoration of the license and pay all fees
15 due to the Department. The Department may establish a fee
16 for the processing of an application for restoration of a
17 license that allows the Department to pay all costs and
18 expenses incident to the processing of this application. The
19 Director may waive the fees due under this Section in
20 individual cases where he or she finds that the fees would be
21 unreasonable or unnecessarily burdensome.
22 Section 115. Uniform electrical violation citation.
23 (a) The Department may issue an administrative citation
24 for a violation of this Act or its rules, and ordinances of
25 governmental units. The citation must be in a form as
26 provided in this Section.
27 (b) The Department shall prescribe the detailed form of
28 an electrical violation citation and shall revise the
29 citation as necessary and proper to keep the citation in
30 conformity with Department rules.
31 (c) A governmental unit that has made provision for
32 inspection of electrical installations within its
33 jurisdiction pursuant to Section 90 may use or alter by
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1 deletion or addition the electrical violation citation
2 adopted by the Department under this Section.
3 Section 120. Grandfather provisions. Electrical
4 contractors who are engaged in electrical wiring activities
5 regulated under this Act on January 1, 1997, and who file a
6 license application with the Department within one year after
7 the effective date of this Act, shall be granted a license
8 that shall be valid for one year form the date of issuance.
9 These licenses shall be subject to annual renewal as provided
10 in this Act. All masters, journeymen, residential
11 journeymen, and apprentices in the contractor's employ shall
12 also be granted their respective licenses.
13 Persons who are engaged in performing electrical wiring
14 activities regulated under this Act on January 1, 1997, and
15 who file a license application with the Department within one
16 year after the effective date of this Act, shall be granted a
17 license which shall be valid for one year from the date of
18 issuance. These licenses shall be subject to annual renewal
19 as provided in this Act. Nothing in this Act shall prevent
20 an electrical contractor from employing more than one master
21 electrician.
22 Section 125. Administrative Procedure Act. The
23 provisions of the Illinois Administrative Procedure Act are
24 expressly adopted and shall apply to all administrative rules
25 and procedures of the Illinois Department of Public Health
26 under this Act, except that Article 5 of the Illinois
27 Administrative Procedure Act relating to procedures for
28 rulemaking does not apply to the adoption of any rule
29 required by federal law as to which the Department is
30 precluded by law from exercising any discretion.
31 Section 130. Administrative Review Law. All final
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1 administrative decisions of the Director under this Act shall
2 be subject to judicial review under the Administrative Review
3 Law and its rules. "Administrative decision" is defined as in
4 Section 3-101 of the Code of Civil Procedure.
5 Proceedings for judicial review shall be commenced in the
6 circuit court of the county in which the party applying for
7 review resides, but if the party is not a resident of this
8 State, the venue shall be in Sangamon County.
9 Section 135. Home rule. Except as otherwise provided in
10 subsection (d) of Section 70 of this Act, a home rule unit
11 may not regulate the licensing of electricians and electrical
12 contractors in a manner inconsistent with the regulation by
13 the State of electricians and electrical contractors. This
14 Section is a limitation under subsection (i) of Section 6 of
15 Article VII of the Illinois Constitution on the concurrent
16 exercise by home rule units of powers and functions exercised
17 by the State.
18 Section 250. Severability. The provisions of this Act
19 are severable under Section 1.31 of the Statute on Statutes.
20 Section 300. The Regulatory Agency Sunset Act is
21 amended by adding Section 4.18 as follows:
22 (5 ILCS 80/4.18 new)
23 Sec. 4.18. Act repealed on January 1, 2008. The
24 following Act is repealed on January 1, 2008:
25 The Electrician Licensing Act.
26 Section 350. The State Finance Act is amended by adding
27 Section 5.449 as follows:
28 (30 ILCS 105/5.449 new)
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1 Sec. 5.449. The Board of Electrical Examiners Fund.
2 (65 ILCS 5/11-33-1 rep.)
3 Section 400. The Illinois Municipal Code is amended by
4 repealing Section 11-33-1.
5 Section 999. This Act takes effect 180 days after
6 becoming law.