State of Illinois
91st General Assembly
Legislation

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91_SB0442

 
                                               LRB9105052ACtm

 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 for the adoption of the  National  Electrical
29    Code  as  standards  by the Department. This Act is therefore
30    declared to be essential to the public interest.
 
                             -2-               LRB9105052ACtm
 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.
17        "Governmental unit" means a city,  village,  incorporated
18    town, or county.
19        "Journeyman   electrician"  means  a  person  having  the
20    necessary qualifications, training, experience, and technical
21    knowledge  to  wire  for,  install,  maintain,   and   repair
22    electrical  wiring,  apparatus, and equipment who is licensed
23    as a journeyman electrician by the Department of Labor.
24        "Master electrician" means a person having the  necessary
25    qualifications, training, experience, and technical knowledge
26    to  install,  maintain,  and repair and to properly plan, lay
27    out, and supervise the installation of wiring, apparatus, and
28    equipment for electric light, heat, power, and other purposes
29    who is licensed as a master electrician by the Department  of
30    Labor.
31        "Owner"  means  a  natural person who physically performs
32    electrical work on premises  the  person  owns  and  actually
33    occupies as a single family residence or owns and will occupy
34    as a single family residence upon completion of construction.
 
                             -3-               LRB9105052ACtm
 1        "Registered  apprentice"  means  a person registered with
 2    the Department of Labor, who is learning the trade under  the
 3    supervision of a licensed electrician.
 4        "Residential  electrician"  means  a  person  having  the
 5    necessary qualifications, training, experience, and technical
 6    knowledge  involving  the  construction,  wiring, alteration,
 7    maintenance, or repair of single family houses  or  apartment
 8    buildings and who is licensed as a residential electrician by
 9    the Department of Labor.
10        "Supervision"  means  any  new  electrical work done by a
11    registered apprentice electrician must be inspected at  least
12    once  after  initial  rough-in and once upon completion by an
13    Illinois licensed electrician.  In addition, all  renovation,
14    alteration,  repair, extension, modification, and maintenance
15    work done  by  a  registered  apprentice  electrician  on  an
16    existing  electrical  system  must be approved by an Illinois
17    licensed electrician.

18        Section 15.  Board of Electrical Examiners.
19        (a)  There  is  created  the  Illinois  State  Board   of
20    Electrical Examiners which shall exercise its duties provided
21    in this Act under the supervision of the Department of Labor.
22    The  Board  shall  consist  of  11  members  appointed by the
23    Director of Labor. The Board shall be composed of 3  licensed
24    master  electricians,  3 licensed electrical contractors, one
25    licensed  electrical  engineer,  one   electrical   inspector
26    employed  on  a  full  time basis by a governmental unit, one
27    representative of a public utility, the State  Fire  Marshal,
28    and   a   member  of  the  general  public.   In  making  the
29    appointments to the Board, the Director  shall  consider  the
30    recommendations   of  individuals,  firms,  or  organizations
31    involved in electrical wiring  installation  in  this  State.
32    Members of the Board shall serve 4 year terms and until their
33    successors   are   appointed   and  qualified.   The  initial
 
                             -4-               LRB9105052ACtm
 1    appointments, however, shall be as  follows:  3  members  for
 2    terms  of 2 years, 3 members for 3 years, and 4 members for 4
 3    years. The State Fire Marshal's service on the Board shall be
 4    continuous. Board members shall receive no  compensation  but
 5    shall  be reimbursed for expenses incurred in connection with
 6    their duties as Board members.
 7        (b)  The Board shall aid the Director and the  Department
 8    by:
 9             (1)  preparing  subject  matter  for examinations as
10        provided in this Act;
11             (2)  suggesting rules  to  govern  examinations  and
12        hearing  for  suspension, revocation, or reinstatement of
13        licenses;
14             (3)  submitting recommendations to the Director from
15        time to time for the  efficient  administration  of  this
16        Act;
17             (4)  grading all tests and examinations for licenses
18        and promptly reporting the results to the Director; and
19             (5)  performing  other  duties  from  time  to  time
20        prescribed by the Director.

21        Section  20.  Powers  and  duties  of  the Director.  The
22    Director shall:
23             (a)  prepare forms for application  for  examination
24        for master, journeyman, and residential licenses;
25             (b)  prepare  and issue licenses as provided in this
26        Act;
27             (c)  with the aid of the Board, prescribe rules  and
28        regulations  for  examination  of  applicants for master,
29        journeyman, and residential licenses;
30             (d)  with the aid of the  Board,  prepare  and  give
31        uniform  and comprehensive examinations to applicants for
32        master, journeyman, and residential licenses  that  shall
33        test  their  knowledge and qualifications in the planning
 
                             -5-               LRB9105052ACtm
 1        and  design  of  electrical  systems,  their   knowledge,
 2        qualifications,   and   manual   skills   in   electrical
 3        installations,   and  their  knowledge  of  the  National
 4        Electrical  Code  relating  to  materials,  design,   and
 5        installation of methods of electrical systems;
 6             (e)  issue   master,   journeyman,  and  residential
 7        licenses and license renewals to every applicant who  has
 8        passed  the  examination  and  who  has paid the required
 9        license and renewal fee;
10             (f)  prescribe rules for hearings to deny,  suspend,
11        revoke, or reinstate licenses as provided in this Act;
12             (g)  maintain a current record showing (i) the names
13        and   addresses   of  licensed  master,  journeyman,  and
14        residential electricians and registered apprentices; (ii)
15        the dates of issuance of licenses;  (iii)  the  date  and
16        substance  for  the  charges set forth in any hearing for
17        denial, suspension, or revocation of  any  license;  (iv)
18        the  date  and substance of the final order issued upon a
19        hearing; and (v) the date and substance of all  petitions
20        for   reinstatement   of  license  and  final  orders  on
21        petitions;
22             (h)  establish and collect fees for the examination,
23        issuance, and renewal of licenses;
24             (i)  provide for the inspection  of  new  electrical
25        installations  in  construction, remodeling, replacement,
26        maintenance, and repair work;
27             (j)  establish and collect fees for the handling and
28        inspection of new electrical installations; and
29             (k)  formulate  and  publish  rules   necessary   or
30        appropriate to carrying out the provisions of this Act.

31        Section 25.  Licenses.
32        (a)  Master electrician.  Except as otherwise provided by
33    law,  no  person  shall  plan, install, repair, maintain, lay
 
                             -6-               LRB9105052ACtm
 1    out, or supervise the installation of wiring,  apparatus,  or
 2    equipment   for  electrical  light,  heat,  power,  or  other
 3    purposes unless the person is:
 4             (1)  licensed  by  the  Department   as   a   master
 5        electrician; and
 6             (2)  the   work   is   for   a  licensed  electrical
 7        contractor and the  person  is  the  licensed  electrical
 8        contractor  or  an  employee,  partner, or officer of the
 9        licensed electrical contractor, or the work is  performed
10        for   the  person's  employer  on  electrical  equipment,
11        apparatus, or facilities owned or leased by the  employer
12        that  is  located  within the limits of property owned or
13        leased, operated, and maintained by the employer.
14        An applicant for a master electrician's license shall (i)
15    be a graduate of a 4-year electrical course in an  accredited
16    college  or  university;  (ii)  have  had at least one year's
17    experience,  acceptable  to  the   Board,   as   a   licensed
18    journeyman;  (iii)  have  had  at  least  5 years experience,
19    acceptable  to  the  Board,  in  planning  for,  laying  out,
20    supervising, and installing wiring, apparatus,  or  equipment
21    for  electrical  light,  heat, and power; or (iv) have had at
22    least 6 years experience, acceptable to the  Board,  with  an
23    electrical   contracting  company  in  planning,  estimating,
24    laying out, and  supervising,  under  the  supervision  of  a
25    licensed  master  electrician, the installation of electrical
26    work for electric light, heat, and power.
27        (b)  Journeyman   electrician.    Except   as   otherwise
28    provided by law, no person shall wire for, install, maintain,
29    or repair electrical wiring, apparatus, or equipment,  unless
30    the  person  is  licensed  by  the Department as a journeyman
31    electrician employed by  a  licensed  electrical  contractor.
32    Nothing  in  this  subsection  (b), however, shall prohibit a
33    master electrician from performing the work of  a  journeyman
34    electrician.
 
                             -7-               LRB9105052ACtm
 1        An applicant for a journeyman electrician's license shall
 2    have  had  at  least 5 years of experience, acceptable to the
 3    Board, in wiring for, installing,  and  repairing  electrical
 4    wiring, apparatus, or equipment. The Department, however, may
 5    by  rule  or regulation provide for the allowance of one year
 6    of experience credit for successful completion of  a  2  year
 7    post high school electrical course approved by the Board.
 8        (c)  Apprentices.   Any  person may work as an apprentice
 9    to a licensed electrician who  is  enrolled  in  an  approved
10    program,  but  shall do no electrical wiring except under the
11    on-the-job supervision of a licensed electrician.
12        (d)  Residential  electrician.    Except   as   otherwise
13    provided  by  law,  no  person  shall construct, wire, alter,
14    maintain,  or  repair  single  family  houses  or   apartment
15    buildings  unless the person is licensed by the Department as
16    a residential electrician employed by a  licensed  electrical
17    contractor.  Nothing  in  this subsection (d), however, shall
18    prohibit a master electrician or journeyman electrician  from
19    performing the work of a residential electrician.
20        An  applicant  for  a  residential  electrician's license
21    shall have had at least 3 years of experience, acceptable  to
22    the  Board, in having the necessary qualifications, training,
23    and technical knowledge involving the  construction,  wiring,
24    alteration,  or  repair  of single family houses or apartment
25    buildings. The Department, however, may by rule or regulation
26    provide for the allowance of one year  of  experience  credit
27    for  successful  completion  of  a  2  year  post high school
28    electrical course approved by the Board.
29        (e)  Contractors.  Except as otherwise provided  by  law,
30    no  person  other  than  an employee of a licensed electrical
31    contractor as defined in this Act shall undertake or offer to
32    undertake to plan for, lay out, supervise, or install  or  to
33    make  additions,  alterations, or repairs in the installation
34    of, or  to  maintain,  wiring  apparatus  and  equipment  for
 
                             -8-               LRB9105052ACtm
 1    electrical light, heat, or power with or without compensation
 2    unless the person obtains an electrical contractor's license.
 3    An  electrical  contractor's  license  shall be issued by the
 4    Department upon the contractor's giving bond to the State  in
 5    the  penal  sum  of  $5,000 conditioned upon the faithful and
 6    lawful performance of all work entered into by the contractor
 7    within the State of Illinois.  The  bond  shall  be  for  the
 8    benefit  of  persons  injured  or suffering financial loss by
 9    reason of failure of performance.  The bond  shall  be  filed
10    with the Department and shall be in lieu of all other license
11    bonds  to  any  political  subdivision.   The  bond  shall be
12    written by a corporate surety licensed to do business in  the
13    State of Illinois.
14        Each   licensed  electrical  contractor  shall  have  and
15    maintain in effect general liability insurance, that includes
16    premises and operations insurance and products and  completed
17    operations  insurance,  with  limits of at least $100,000 per
18    occurrence, $300,000 aggregate limit for bodily  injury,  and
19    property  damage insurance with limits of at least $25,000 or
20    a policy with a single limit for bodily injury  and  property
21    damage  of  $300,000  per  occurrence  and $300,000 aggregate
22    limits.   The  insurance  shall  be  written  by  an  insurer
23    licensed to do business in the State  of  Illinois  and  each
24    licensed  electrical  contractor  shall maintain on file with
25    the  Department  a  certificate  evidencing  insurance   that
26    provides  that  the  insurance shall not be cancelled without
27    the insurer first  giving  15  days  written  notice  to  the
28    Department of the cancellation.
29        No  contractor  shall engage in business unless he or she
30    is or has in his or her employ a licensed master electrician,
31    who  shall  be  responsible  for  the  performance   of   all
32    electrical  work  in accordance with the requirements of this
33    Act.  When an electrical contractor's license is held  by  an
34    individual,  partnership,  or corporation and the individual,
 
                             -9-               LRB9105052ACtm
 1    one of the  partners,  or  an  officer  of  the  corporation,
 2    respectively,  is  not  the responsible master electrician of
 3    record, all requests for inspection shall be  signed  by  the
 4    responsible  master  electrician  of record.  The application
 5    for  an  electrical  contractor's  license  must  include   a
 6    verified  statement  that  the  designated responsible master
 7    electrician is  a  full  time  employee  of  the  individual,
 8    partnership,   or  corporation  applying  for  an  electrical
 9    contractor's license.  For purposes of this Section,  a  full
10    time  employee  of  a  licensed  electrical  contractor is an
11    individual who is not employed in any capacity as a  licensed
12    electrician by any other electrical contractor.

13        Section   30.  Examination.    In   addition   to   other
14    requirements  imposed  by  this  Act  and except as otherwise
15    provided in this Act, as a precondition  to  issuance  of  an
16    electrician's  license,  each  applicant  must pass a written
17    examination given by the Department for the type  of  license
18    sought  to  insure  the  competence  of  each  applicant  for
19    license.   No person failing an examination may retake it for
20    6 months, but may, within 6 months, take an examination for a
21    lesser grade of license.  Any licensee failing to  renew  his
22    or her license for 2 years or more after its expiration shall
23    be  required  to  retake  the examination before he or she is
24    issued a new license.

25        Section 35.  Experience requirements.
26        (a)  Except  as   otherwise   provided   for   a   master
27    electrician's  license  under Section 25, an applicant for an
28    electrician's license shall meet the experience  requirements
29    of this Section before examination for licensure.
30        (b)  The   maximum   allowable   credit   for  electrical
31    experience:
32             (1)  before age 16 is 6 months;
 
                             -10-              LRB9105052ACtm
 1             (2)  in the military service is 12 months;
 2             (3)  in foreign countries is 12 months; and
 3             (4)  acquired during the school term of an  approved
 4        post high school electrical course is 12 months.
 5        (c)  Experience  in  the  categories  of planning for the
 6    installation of wiring, apparatus, and equipment  for  light,
 7    heat,  and  power; laying out for the installation of wiring,
 8    apparatus,  and  equipment  for  light,  heat,   and   power;
 9    supervising   the  installation  of  wiring,  apparatus,  and
10    equipment  for  light,  heat,  and  power;  and  wiring   and
11    installing  electrical  wiring,  apparatus, and equipment for
12    light, heat, and power is acceptable  to  the  Board  in  the
13    following situations:
14             (1)  experience while in the employ of an electrical
15        contractor licensed under this Act;
16             (2)  experience  while  working  in  Illinois for an
17        employer who  is  not  required  to  be  licensed  as  an
18        electrical  contractor, if the work is inspected and done
19        under the supervision of a properly licensed electrician;
20             (3)  experience while performing electrical work  in
21        Illinois  for  an  employer  who is exempt from licensing
22        when the work is exempt from inspection or when the  work
23        is  performed  on federal property by a federal employee,
24        if the Department has determined in either situation that
25        the experience is substantially equal to that acquired in
26        performing  work  while  in  the  employ  of  a  licensed
27        electrical contractor;
28             (4)  experience  while  performing  electrical  work
29        outside of Illinois, which the Department has  determined
30        is  substantially  equivalent to the work performed while
31        in the employ of  a  licensed  electrical  contractor  in
32        Illinois.    This   determination  must  be  based  on  a
33        certification by  the  employer  for  the  type  of  work
34        performed.
 
                             -11-              LRB9105052ACtm
 1        Section  40.  Military  exemption.   The Department shall
 2    reinstate a license that  expires  while  a  licensee  is  in
 3    active Military Service of the United States upon application
 4    to  the  Department  by  the  licensee  within  2 years after
 5    termination of the military service, payment  of  the  annual
 6    license  fee,  and  submission  of  evidence  of the military
 7    service.     The  license   shall   be   reinstated   without
 8    examination and without payment of the lapsed renewal fee.

 9        Section 45.  License and renewal fees.
10        (a)  All  licenses  issued  under  this  Act shall expire
11    annually in a manner as provided by the Department.
12        (b)  The following fees are non-refundable:
13             (1)  The application fee for a license or  temporary
14        license is $100.
15             (2)  The fee for the renewal of a license is $25.
16             (3)  The fee for the reinstatement of a license that
17        has  been  expired  for  less  than  2 years is $50, plus
18        payment of all unpaid renewal fees.
19             (4)  The fee for the restoration of a  license  that
20        has been expired for more than 2 years is $100.
21             (5)  The   fee  for  the  issuance  of  a  duplicate
22        license, the issuance of a replacement that has been lost
23        or destroyed, or the issuance of a license with a  change
24        of name or address, other than during the renewal period,
25        is  $25.    No  fee  for  name  and  address  changes  on
26        Department records when no duplicate license is issued.
27             (6)  The  fee  for the certification of a licensee's
28        record for any purpose is $25.
29             (7)  The fee for the rescoring of an examination  is
30        the  cost to the Department of rescoring the examination,
31        plus any fees charged by the applicable  testing  service
32        to have the examination rescored.
33             (8)  The  fee  for  copies of a license shall be the
 
                             -12-              LRB9105052ACtm
 1        actual cost of producing the copies.
 2             (9)  The fee for a roster  of  persons  licensed  as
 3        electricians is the actual cost of producing the roster.
 4             (10)  The  fee  for  application for a license by an
 5        electrician registered or  licensed  under  the  laws  of
 6        another state is $100.

 7        Section   50.  Denial,   suspension,  and  revocation  of
 8    licenses.  The Department may by order deny, suspend, revoke,
 9    or refuse to renew a license, or may censure a licensee if it
10    finds that it is in the public interest to do so and that the
11    applicant or licensee:
12        (a)  has filed an  application  for  a  license  that  is
13    incomplete  in any material respect or contains any statement
14    that, in light of the circumstances under which it  is  made,
15    is false or misleading with respect to any material fact;
16        (b)  has   engaged   in  any  fraudulent,  deceptive,  or
17    dishonest practice;
18        (c)  has been convicted within the  past  5  years  of  a
19    misdemeanor involving a violation of this Act; or
20        (d)  has  violated  or  failed to comply with this Act or
21    its rules or any order issued under this  Act.   A  violation
22    need not be willful.
23        The  Department  may  adopt  rules further specifying and
24    defining actions and omissions  that  constitute  fraudulent,
25    deceptive, or dishonest practices, and establishing standards
26    of conduct for licensees.

27        Section  55.  Grounds  for  suspension  of  license.  The
28    Department  may  temporarily suspend a license and call for a
29    hearing when findings show one or more of the following:
30        (a)  That the licensee obtained or conspired with  others
31    to  obtain  a license by inducing the issuance of the license
32    in consideration of the payment of money or delivery  of  any
 
                             -13-              LRB9105052ACtm
 1    other  thing  of value or by and through misrepresentation of
 2    facts.
 3        (b)  That the licensee willfully violated any law of this
 4    State or any rules, regulation, or code regulating electrical
 5    wiring installations, licensed  electricians,  or  registered
 6    apprentice electricians.
 7        (c)  That  the  licensee has been guilty of negligence or
 8    incompetence in the performance of installation of electrical
 9    wiring.
10        (d)  That the  licensee  has  loaned  or  in  any  manner
11    transferred his or her license to another person.
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 the termination of the suspension period.
15        The  Department  may  refuse  to issue or may suspend the
16    license of any person who fails (i) to file a return, (ii) to
17    pay the tax, penalty, or interest shown in a filed return, or
18    (iii) to  pay  any  final  assessment  of  tax,  penalty,  or
19    interest,  as  required  by  any  tax Act administered by the
20    Illinois  Department  of  Revenue,   until   the   time   the
21    requirements of the tax Act are satisfied.

22        Section  60.  Continuation  of business by estates.  Upon
23    the death of  a  master  electrician  who  is  an  electrical
24    contractor,   the   Department   may  permit  the  decedent's
25    representative to carry on the business of the decedent for a
26    period not  in  excess  of  6  months,  for  the  purpose  of
27    completing  work  under  contract or otherwise to comply with
28    this Act.  The representative shall  give  any  bond  as  the
29    Department  may  require  conditioned  upon  the faithful and
30    lawful performance of the work.  The bond shall  be  for  the
31    benefit  of  persons  injured  or suffering financial loss by
32    reason of failure of performance.  The bond shall be  written
33    by a corporate surety licensed to do business in the State of
 
                             -14-              LRB9105052ACtm
 1    Illinois.   The  decedent's  representative shall also comply
 2    with all  public  liability  and  property  damage  insurance
 3    requirements  imposed  by this Act upon a licensed electrical
 4    contractor.

 5        Section 65.  Reciprocity.  To the extent that  any  other
 6    state   that  provides  for  the  licensing  of  electricians
 7    provides for similar  action,  the  Department  may  grant  a
 8    license,  without examination, of the same grade and class to
 9    an electrician who has been licensed by any other  state  for
10    at  least  one  year,  upon  payment  by the applicant of the
11    required fee and upon the  Department  being  furnished  with
12    proof  that  the qualifications of the applicant are equal to
13    the  qualifications  of  holders  of  similar   licenses   in
14    Illinois.

15        Section 70.  Exemptions for licensing.
16        (a)  Employees   of   any  electric,  communications,  or
17    railway utility, or a telephone company or its employees,  or
18    of  any  independent  contractor performing work on behalf of
19    any utility or telephone company, shall not  be  required  to
20    hold a license under any of the following conditions:
21             (1)  While   performing   work   on   installations,
22        materials,   or  equipment  that  are  owned  or  leased,
23        operated, and maintained  by  the  utility  or  telephone
24        company  in  the  exercise  of  its  utility or telephone
25        function, and that  (i)  are  used  exclusively  for  the
26        generation,  transformation,  distribution, transmission,
27        or metering of electric  current,  or  the  operation  of
28        railway  signals, or the transmission of intelligence and
29        do not have as a principal function  the  consumption  or
30        use  of  electric  current  by  or for the benefit of any
31        person other than the utility or telephone company;  (ii)
32        are generally accessible only to employees of the utility
 
                             -15-              LRB9105052ACtm
 1        or  telephone company or persons acting under its control
 2        or direction; and (iii) are not on the load side  of  the
 3        meter.
 4             (2)  While   performing   work   on   installations,
 5        materials,  or  equipment  that  are a part of the street
 6        lighting operations of the utility.
 7             (3)  While installing or performing work on  outdoor
 8        area  lights  that  are directly connected to a utility's
 9        distribution  system  and  located  upon  the   utility's
10        distribution  poles, and are generally accessible only to
11        employees of the utility  or  persons  acting  under  its
12        control or direction.
13        (b)  An  owner  shall not be required to hold or obtain a
14    license  under  this  Act.   Nevertheless,  electrical   work
15    performed by an owner shall comply with the minimum standards
16    contained  in  the  National  Electrical  Code  and  shall be
17    subject to inspection by the Department.  An owner shall  not
18    employ  anyone  other than an electrician licensed under this
19    Act to assist him or her.
20        (c)  Any city, village, or  incorporated  town  having  a
21    population of 500,000 or more may, by an ordinance containing
22    provisions  substantially  the  same as those in this Act and
23    specifying educational or experience requirements  equivalent
24    to  those  prescribed  in  the  Act,  provide  for a board of
25    electrical examiners to  conduct  examinations  for,  and  to
26    issue,  suspend, or revoke, electricians' licenses within the
27    city, village, or incorporated town.  Upon the  enactment  of
28    such an ordinance, the provisions of this Act shall not apply
29    within that municipality except as otherwise provided in this
30    Act.   Any  person  licensed  as an electrician under a local
31    ordinance, or licensed by the Department under this Act,  may
32    engage  in  electrical  wiring  installation anywhere in this
33    State.
34        (d)  Nothing in this Act shall be  construed  to  prevent
 
                             -16-              LRB9105052ACtm
 1    the  practice  of  architecture  as  defined  in the Illinois
 2    Architecture  Practice  Act  of  1989  or  the  practice   of
 3    professional  engineering  as  defined  in  the  Professional
 4    Engineering   Practice   Act  of  1989  or  the  practice  of
 5    structural  engineering  as   defined   in   the   Structural
 6    Engineering Licensing Act of 1989.
 7        (e)  Nothing in this Act shall be construed to prevent an
 8    owner or operator of a farm from installing, making additions
 9    to, altering, maintaining, or repairing wiring, apparatus, or
10    equipment for electric light, heat, or power on the farm that
11    he or she owns or operates.  For purposes of this subsection,
12    "farm"  means  land or a building appurtenant to land that is
13    used for an agricultural purpose or for a  purpose  accessory
14    to an agriculture purpose.

15        Section    75.  Governmental    units.     No   municipal
16    corporation  or  political  subdivision   shall   engage   in
17    electrical  work  unless  the electrical work is performed by
18    one or more licensed electricians or apprentice  electricians
19    under   the   supervision   of   licensed   electricians.   A
20    governmental unit may, however, contract for electrical  work
21    with  any  person  authorized to engage in electrical work in
22    this State.

23        Section 80.  Display of license.  Persons  who  advertise
24    electrical wiring services shall, at their place of business,
25    display  the  master  electrician's  license  of at least one
26    member of the firm, partnership or officer of the corporation
27    and shall maintain a register listing the names  and  license
28    numbers  of  all  licensed  electricians  and  all registered
29    apprentices currently employed  by  them.   When  advertising
30    electrical  wiring  services,  the  license  number  shall be
31    included in all forms of written or printed  advertising  and
32    included   with   the  electrical  wiring  identification  of
 
                             -17-              LRB9105052ACtm
 1    vehicles.  The Department may, by rule or regulation, require
 2    additional information concerning licensed  electricians  and
 3    registered apprentices maintained in the register.

 4        Section  85.  Safety  standards.   All electrical wiring,
 5    apparatus, and equipment for electric light, heat, and  power
 6    shall  comply  with  the rules of the Department of Labor, as
 7    applicable, and be  installed  in  conformity  with  accepted
 8    standards  of  construction  for safety to life and property.
 9    For the purposes of this  Act,  the  regulations  and  safety
10    standards  stated  at  the  time the work is done in the then
11    most recently published edition of  the  National  Electrical
12    Code  as adopted by the National Fire Protection Association,
13    Inc.  and  approved  by  the  American   National   Standards
14    Institute,   and  the  National  Electrical  Safety  Code  as
15    published by the  Institute  of  Electrical  and  Electronics
16    Engineers,   Inc.  and  approved  by  the  American  National
17    Standards  Institute,  shall  be  prima  facie  evidence   of
18    accepted  standards  of  construction  for safety to life and
19    property.  In  the  event  an  Illinois  building   code   is
20    formulated   containing   approved   methods   of  electrical
21    construction for safety to life and property, compliance with
22    the methods of electrical construction  of  that  code  shall
23    also  constitute  compliance  with  this Section.  Nothing in
24    this Act shall prohibit any political subdivision from making
25    and enforcing more stringent requirements than set  forth  in
26    this Act and those requirements shall be complied with by all
27    licensed electricians working within the jurisdiction of that
28    political  subdivision; except that nothing in this Act shall
29    be construed to give a political subdivision the authority to
30    apply those standards  or  requirements  to  electrical  work
31    performed on a farm.

32        Section 90.  Inspections.
 
                             -18-              LRB9105052ACtm
 1        (a)  Except   where  any  political  subdivision  has  by
 2    ordinance provided for electrical inspection similar to  that
 3    provided  in  this  Act, every new electrical installation in
 4    any construction, remodeling, replacement, or repair,  except
 5    minor repair work as defined by the Department by rule, shall
 6    be  inspected  by the Department for compliance with accepted
 7    standards of construction for safety to life and property.
 8        All inspectors for the Department shall hold licenses  as
 9    master or journeyman electricians under this Act.
10        (b)  At   or  before  commencement  of  any  installation
11    required to be inspected by the  Department,  the  electrical
12    contractor  or  owner making the installation shall submit to
13    the Department a request for inspection, in a form prescribed
14    by the Department, together with the fees  required  for  the
15    installation.
16        (c)  The   fees  required  are  a  handling  fee  and  an
17    inspection fee.   The  handling  fee  shall  be  set  by  the
18    Department  in  an  amount  sufficient  to  pay  the  cost of
19    bringing and handling the form requesting an inspection.  The
20    inspection fee shall be set by the Department  in  an  amount
21    sufficient  to pay the actual costs of the inspection and the
22    Department's costs in administering the inspection.
23        (d)  If the inspector finds that the installation is  not
24    in  compliance  with  accepted  standards of construction for
25    safety to life and property as  required  by  this  Act,  the
26    inspector  shall,  by written order, condemn the installation
27    or the noncomplying portion of  the  installation,  or  order
28    service  to  the  installation disconnected, and shall send a
29    copy of the order to the Department.  If the installation  or
30    the noncomplying part will seriously and proximately endanger
31    human  life  and  property,  the order of the inspector, when
32    approved by the inspector's superior, shall require immediate
33    condemnation or disconnection.  In all other cases, the order
34    of the inspector shall permit a  reasonable  opportunity  for
 
                             -19-              LRB9105052ACtm
 1    the  installation to be brought into compliance with accepted
 2    standards of construction for safety  to  life  and  property
 3    prior  to  the effective time established for condemnation or
 4    disconnection.
 5        (e)  Copies of each condemnation or  disconnection  order
 6    shall  be  served  personally  or  by  mail upon the property
 7    owner, the electrical contractor or  electrician  making  the
 8    installation, and other persons as the Department by rule may
 9    direct.   An  aggrieved  party may appeal any condemnation or
10    disconnection order by filing with the Department a notice of
11    appeal within 10 days after (i) service  upon  the  aggrieved
12    party  of  the  condemnation  or disconnection order, if this
13    service is required or (ii) filing  of  the  order  with  the
14    Department,  whichever  is  later. The Department shall adopt
15    rules  providing  procedures  for  the  conduct  of  appeals,
16    including provisions for the stay of enforcement of the order
17    of the inspector pending an  appeal  when  justified  by  the
18    circumstances.
19        (f)  The  inspectors  of  the  Department  shall have the
20    authority to enter any building or premises at any reasonable
21    hour in the discharge of their duties, and  they  shall  have
22    the  authority,  when  necessary, to order the removal of any
23    existing obstructions such as laths, plastering, boarding, or
24    partitions that  may  prevent  a  proper  inspection  of  the
25    electrical installation.
26        (g)  No  electrical installation subject to inspection by
27    the Department shall be newly connected  or  reconnected  for
28    use  until  there  is  filed,  with  the  electrical  utility
29    supplying  power,  a  certificate  of  the  property owner or
30    licensed electrician directing the work that  inspection  has
31    been  requested  and  that the conditions of the installation
32    are safe for energization.  In all cases where  an  order  of
33    condemnation  or  disconnection  has  been issued against the
34    installation or  any  part  of  the  installation,  prior  to
 
                             -20-              LRB9105052ACtm
 1    connection  or  reconnection, there shall also first be filed
 2    with the electrical utility supplying the power a copy of  an
 3    order of the inspector or the Department dismissing the prior
 4    order  of  condemnation  or  disconnection  or  approving the
 5    installation as being in compliance with  accepted  standards
 6    of  construction  for  safety  to  life  and  property.  With
 7    respect to transient projects, this  certificate  shall  also
 8    contain  a  certification that the request for inspection has
 9    been or will be  filed  with  the  Department  so  as  to  be
10    received  by  it  at  least 5 days prior to the date and time
11    energization of the installation by the utility is to  occur,
12    and that the request for inspection states the date and time.
13    It  shall  be  the  responsibility  of the Department to have
14    inspection of the transient project occur prior to  the  date
15    and  time  at  which  the  request  states energization is to
16    occur.
17        (h)  Any political subdivision  may  make  provision  for
18    inspection    of    electrical   installations   within   its
19    jurisdiction, in which case it shall keep on  file  with  the
20    Department  copies  of  its current inspection ordinances and
21    codes.  Any political subdivision may require any individual,
22    partnership,  corporation,  or  other  business   association
23    holding  a  license  from  the Department to pay any license,
24    registration fee, or permit fees provided however,  that  any
25    political  subdivision may provide by ordinance a requirement
26    that each  individual,  partnership,  corporation,  or  other
27    business   association   doing  electrical  work  within  the
28    jurisdiction of the political subdivision have on  file  with
29    the  political  subdivision  a  copy  of  the current license
30    issued by the Department or other evidence of the license  as
31    may be provided by the Department.  Each electrical inspector
32    of  any  political  subdivision shall be a licensed master or
33    journeyman electrician under this Act.
34        (i)  Installations, materials, or equipment shall not  be
 
                             -21-              LRB9105052ACtm
 1    subject to inspection in any of the following situations:
 2             (1)  When  owned or leased, operated, and maintained
 3        by any electric, communications, or  railway  utility  or
 4        telephone  company  in  the  exercise  of  its utility or
 5        telephone function and that:
 6                  (A)  are used exclusively for  the  generation,
 7             transformation,   distribution,   transmission,   or
 8             metering  of  electric  current,  the  operation  of
 9             railway    signals,    or    the   transmission   of
10             intelligence,  and  do  not  have  as  a   principal
11             function  the consumption or use of electric current
12             by or for the benefit of any person other  than  the
13             utility or telephone company;
14                  (B)  are generally accessible only to employees
15             of  the  utility  or  telephone  company  or persons
16             acting under its control or direction; and
17                  (C)  are not on the load side of the meter.
18             (2)  When used in the street lighting operations  of
19        an electric utility.
20             (3)  When used as outdoor area lights that are owned
21        and  operated  by  an  electric  utility  and  which  are
22        connected directly to its distribution system and located
23        upon  the  utility's  distribution  poles,  and which are
24        generally accessible only to employees of such utility or
25        persons acting under its control or direction.
26        (j)  No inspection under this Act shall be made of farms.

27        Section  95.  Order   of   suspension.    An   order   of
28    suspension,  revocation, or reinstatement of a license, or of
29    dismissal of a complaint or petition, or a certified copy  of
30    an  order,  over the seal of the Department and purporting to
31    be signed by the Director, shall be prima facie proof that:
32             (1)  the signature is the genuine signature  of  the
33        Director;
 
                             -22-              LRB9105052ACtm
 1             (2)  the  Director  is duly appointed and qualified;
 2        and
 3             (3)  the Board and its members are qualified to act.

 4        Section  100.  Manufacturing  of  electrical   apparatus;
 5    exemption.  Electrical  components,  apparatus, or appliances
 6    being manufactured within the  limits  of  property  that  is
 7    owned  or  leased  by  a  manufacturer and the manufacturer's
 8    production employees  shall  not  be  covered  by  this  Act.
 9    Installation  or repair of electrical appliance units, except
10    (i) electrical wiring to the unit, or (ii) original wiring in
11    or on the unit installed outside the limits of property which
12    is owned or leased by a manufacturer shall not be covered  by
13    this Act.

14        Section 105.  Violations.
15        (a)  Any  person  violating  any provision of this Act or
16    its rules shall be guilty of a Class B misdemeanor and  fined
17    a  minimum  of  $100  for  the  first  offense.   A second or
18    subsequent  violation  of  this  Act  shall  be  a  Class   A
19    misdemeanor with a minimum fine of $200. Each day a violation
20    continues   constitutes   a  separate  offense.  The  State's
21    Attorney of the County in which the violation occurred or the
22    Attorney General shall prosecute these actions in the name of
23    the People of the State of Illinois. The court may enjoin the
24    use of electricity installed in violation of this Act or  its
25    rules until it has been corrected to comply with the National
26    Electrical Code.
27        (b)  If it is established that the defendant, contrary to
28    this  Act,  has  been  engaging,  is engaging, or is about to
29    engage in  electrical  work  without  having  been  issued  a
30    license,  or  has  been  engaging  or  is  about to engage in
31    electrical work after his or her license has  been  suspended
32    or  revoked or after his or her license has not been renewed,
 
                             -23-              LRB9105052ACtm
 1    the 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 110.  Uniform Electrical Violation Citation.
 9        (a)  The Department may issue a citation  for  violations
10    of  this  Act  and  its  rules  and  ordinances  of political
11    subdivisions. The citation must be in a form as  provided  in
12    this Section.
13        (b)  The  Department shall prescribe the detailed form of
14    an  electrical  violation  citation  and  shall  revise   the
15    citation  as  it  considers  necessary and proper to keep the
16    citation in conformity with the Department's rules.
17        (3)  A political subdivision that has made provision  for
18    inspection    of    electrical   installations   within   its
19    jurisdiction may use or alter, by deletion or  addition,  the
20    electrical violation citation adopted by the Department under
21    this Section.

22        Section  115.  Electricians  practicing  before this Act.
23    Electrical contractors who are in the business on January  1,
24    2000  and  who file a license application with the Department
25    within 180 days after the effective date of this Act shall be
26    granted a license which shall be valid for one year from  the
27    date  of  issuance. These licenses shall be subject to annual
28    renewal as provided in this Act.
29        Persons who have  five  years  experience  in  performing
30    electrical work as defined in this Act on January 1, 2000 and
31    who file a license application with the Department within 180
32    days  after  January 1, 2000 shall be granted a license which
 
                             -24-              LRB9105052ACtm
 1    shall be valid for one year from the date of issuance.  These
 2    licenses shall be subject to annual renewal  as  provided  in
 3    this Act.
 4        Electrical  inspectors who are employed by a governmental
 5    unit  and  engaged  in  the  regulation  and  inspection   of
 6    electrical  wiring  activities  regulated  under  this Act on
 7    January 1, 2000, and who file a license application with  the
 8    Department  within  one  year after January 1, 2000, shall be
 9    granted a master electrician license that shall be valid  for
10    one year from the date of issuance.

11        Section  120.  Administrative Procedure Act; application.
12    The provisions of the Illinois Administrative  Procedure  Act
13    are  expressly  adopted and shall apply to all administrative
14    rules and procedures of the Department of  Labor  under  this
15    Act,  except  that  Section  5 of the Illinois Administrative
16    Procedure Act relating to procedures for rulemaking does  not
17    apply  to the adoption of any rule required by federal law in
18    connection with which the Department is precluded by law from
19    exercising any discretion.

20        Section 125.  Review under Administrative Review Law. All
21    final administrative decisions of the Director under this Act
22    shall be subject to judicial review under the  Administrative
23    Review Law and its rules.

24        Section  130.  Home  rule.  A  home  rule  unit  may  not
25    regulate   the   licensing  of  electricians  and  electrical
26    contractors in a manner inconsistent with the  regulation  by
27    the  State  of electricians and electrical contractors.  This
28    Section is a limitation under subsection (i) of Section 6  of
29    Article  VII  of  the Illinois Constitution on the concurrent
30    exercise by home rule units of powers and functions exercised
31    by the State.
 
                             -25-              LRB9105052ACtm
 1        Section 195.  The Regulatory Sunset  Act  is  amended  by
 2    adding Section 4.20 as follows:

 3        (5 ILCS 80/4.20 new)
 4        Sec.  4.20.   Act  repealed  on  January  1,  2010.   The
 5    following Act is repealed on January 1, 2010:
 6        The Electrician Licensing Act.

 7        Section 200.  This Act takes effect January 1, 2000.

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