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91_HB0264enr
HB0264 Enrolled LRB9100633ACsbA
1 AN ACT concerning plumbers.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Public Utilities Act is amended by adding
5 Section 13-709 as follows:
6 (220 ILCS 5/13-709 new)
7 Sec. 13-709. Orders of correction.
8 (a) A telecommunications carrier shall comply with
9 orders of correction issued by the Department of Public
10 Health under Section 5 of the Illinois Plumbing License Law.
11 (b) Upon receiving notification from the Department of
12 Public Health that a telecommunications carrier has failed to
13 comply with an order of correction, the Illinois Commerce
14 Commission shall enforce the order.
15 (c) The good faith compliance by a telecommunications
16 carrier with an order of the Department of Public Health or
17 Illinois Commerce Commission to terminate service pursuant to
18 Section 5 of the Illinois Plumbing License Law shall
19 constitute a complete defense to any civil action brought
20 against the telecommunications carrier arising from the
21 termination of service.
22 Section 10. The Illinois Plumbing License Law is amended
23 by changing Sections 2 and 5 as follows:
24 (225 ILCS 320/2) (from Ch. 111, par. 1102)
25 Sec. 2. When used in this Act:
26 "Agent" means a person designated by a sponsor as
27 responsible for supervision of an apprentice plumber and who
28 is also an Illinois licensed plumber.
29 "Apprentice plumber" means any licensed person who is
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1 learning and performing plumbing under the supervision of a
2 sponsor or his agent in accordance with the provisions of
3 this Act.
4 "Approved apprenticeship program" means an apprenticeship
5 program approved by the U.S. Department of Labor's Bureau of
6 Apprenticeship and Training and the Department under rules.
7 "Board" means the Illinois State Board of Plumbing
8 Examiners.
9 "Building drain" means that part of the lowest horizontal
10 piping of a drainage system that receives the discharge from
11 soil, waste, and other drainage pipes inside the walls of a
12 building and conveys it to 5 feet beyond the foundation walls
13 where it is connected to the building sewer.
14 "Building sewer" means that part of the horizontal piping
15 of a drainage system that extends from the end of the
16 building drain, receives the discharge of the building drain
17 and conveys it to a public sewer or private sewage disposal
18 system.
19 "Department" means the Illinois Department of Public
20 Health.
21 "Director" means the Director of the Illinois Department
22 of Public Health.
23 "Governmental unit" means a city, village, incorporated
24 town, county, or sanitary or water district.
25 "Lawn sprinkler system" means any irrigation system of
26 lawn, shrubbery and other vegetation from any potable water
27 sources; and from any water sources, whether or not potable,
28 in: (i) any county with a population of 3,000,000 or more;
29 (ii) any county with a population of 275,000 or more which is
30 contiguous in whole or in part to a county with a population
31 of 3,000,000 or more; and (iii) any county with a population
32 of 37,000 or more but less than 150,000 which is contiguous
33 to 2 or more counties with respective populations in excess
34 of 275,000. Such system includes without limitation the water
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1 supply piping, valves and sprinkler heads or other irrigation
2 outlets. Lawn sprinkler system does not include an
3 irrigation system used primarily for agricultural purposes.
4 "Person" means any natural person, firm, corporation,
5 partnership, or association.
6 "Plumber" means any licensed person authorized to perform
7 plumbing as defined in this Act, but does not include retired
8 plumbers as defined in this Act.
9 "Plumbing" means the actual installation, repair,
10 maintenance, alteration or extension of a plumbing system by
11 any person.
12 Plumbing includes all piping, fixtures, appurtenances and
13 appliances for a supply of water for all purposes, including
14 without limitation lawn sprinkler systems, from the source of
15 a private water supply on the premises or from the main in
16 the street, alley or at the curb to, within and about any
17 building or buildings where a person or persons live, work or
18 assemble.
19 Plumbing includes all piping, from discharge of pumping
20 units to and including pressure tanks in water supply
21 systems.
22 Plumbing includes all piping, fixtures, appurtenances,
23 and appliances for a building drain and a sanitary drainage
24 and related ventilation system of any building or buildings
25 where a person or persons live, work or assemble from the
26 point of connection of such building drain to the building
27 sewer or private sewage disposal system 5 feet beyond the
28 foundation walls.
29 Plumbing does not mean or include the trade of
30 drain-laying, the trade of drilling water wells which
31 constitute the sources of private water supplies, and of
32 making connections between such wells and pumping units in
33 the water supply systems of buildings served by such private
34 water supplies, or the business of installing water softening
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1 equipment and of maintaining and servicing the same, or the
2 business of manufacturing or selling plumbing fixtures,
3 appliances, equipment or hardware, or to the installation and
4 servicing of electrical equipment sold by a not-for-profit
5 corporation providing electrification on a cooperative basis,
6 that either on or before January 1, 1971, is or has been
7 financed in whole or in part under the federal "Rural
8 Electrification Act of 1936" and the Acts amendatory thereof
9 and supplementary thereto, to its members for use on farms
10 owned by individuals or operated by individuals, nor does it
11 mean or include minor repairs which do not require changes in
12 the piping to or from plumbing fixtures or involve the
13 removal, replacement, installation or re-installation of any
14 pipe or plumbing fixtures. Plumbing does not include the
15 installation, repair, maintenance, alteration or extension of
16 building sewers.
17 "Plumbing fixtures" means installed receptacles, devices
18 or appliances that are supplied with water or that receive or
19 discharge liquids or liquid borne wastes, with or without
20 discharge into the drainage system with which they may be
21 directly or indirectly connected.
22 "Plumbing system" means the water service, water supply
23 and distribution pipes; plumbing fixtures and traps; soil,
24 waste and vent pipes; building drains; including their
25 respective connections, devices and appurtenances. Plumbing
26 system does not include building sewers as defined in this
27 Act.
28 "Retired plumber" means any licensed plumber in good
29 standing who meets the requirements of this Act and the
30 requirements prescribed by Department rule to be licensed as
31 a retired plumber and voluntarily surrenders his plumber's
32 license to the Department, in exchange for a retired
33 plumber's license. Retired plumbers cannot perform plumbing
34 as defined in this Act, cannot sponsor or supervise
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1 apprentice plumbers, and cannot inspect plumbing under this
2 Act. A retired plumber cannot fulfill the requirements of
3 subsection (3) of Section 3 of this Act.
4 "Supervision" with respect to first and second year
5 licensed apprentice plumbers means that such apprentices must
6 perform all designing and planning of plumbing systems and
7 all plumbing as defined in this Act under the direct personal
8 supervision of the sponsor or his or her agent who must also
9 be an Illinois licensed plumber, except for maintenance and
10 repair work on existing plumbing systems done by second year
11 apprentice plumbers; provided that before performing any
12 maintenance and repair work without such supervision, such
13 apprentice has received the minimum number of hours of annual
14 classroom instruction recommended by the United States
15 Department of Labor's Bureau of Apprenticeship and Training
16 for apprentice plumbers in a Bureau of Apprenticeship and
17 Training approved plumber apprenticeship program or its
18 equivalent. "Supervision" with respect to all other
19 apprentice plumbers means that, except for maintenance and
20 repair work on existing plumbing systems, any plumbing done
21 by such apprentices must be inspected daily, after initial
22 rough-in and after completion by the sponsor or his or her
23 agent who is also an Illinois licensed plumber. In addition,
24 all repair and maintenance work done by a licensed apprentice
25 plumber on an existing plumbing system must be approved by
26 the sponsor or his or her agent who is also an Illinois
27 licensed plumber.
28 "Sponsor" is an Illinois licensed plumber or an approved
29 apprenticeship program that has accepted an individual as an
30 Illinois licensed apprentice plumber for education and
31 training in the field of plumbing and whose name and license
32 number or apprenticeship program number shall appear on the
33 individual's application for an apprentice plumber's license.
34 "Sponsored" means that each Illinois licensed apprentice
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1 plumber has been accepted by an Illinois licensed plumber or
2 an approved apprenticeship program for apprenticeship
3 training.
4 "Telecommunications carrier" means a telecommunications
5 carrier as defined in the Public Utilities Act.
6 (Source: P.A. 89-665, eff. 8-14-96.)
7 (225 ILCS 320/5) (from Ch. 111, par. 1104)
8 Sec. 5. Advertising.
9 (a) Persons who advertise plumbing services shall, at
10 their place of business, display the licensed plumber's
11 license of at least one member of the firm, partnership or
12 officer of the corporation and shall maintain a register
13 listing the names and license numbers of all licensed
14 plumbers and all licensed apprentice plumbers currently
15 employed by them. The number of the license so displayed
16 shall also be included with the plumbing identification on
17 vehicles.
18 (b) No person who provides plumbing services may
19 advertise those services unless that person includes in the
20 advertisement the license number that is required to be
21 displayed under subsection (a). Nothing contained in this
22 subsection requires the publisher of advertising for plumbing
23 services to investigate or verify the accuracy of the license
24 number provided by the advertiser.
25 (b.5) Any person who advertises plumbing services (i)
26 who fails to display the license number required by
27 subsection (a) in all manners required by that subsection,
28 (ii) who fails to provide a publisher with the correct number
29 under subsection (b), or (iii) who provides a publisher with
30 a false license number or a license number of a person other
31 than the person designated under subsection (a), or any
32 person who allows his or her license number to be displayed
33 or used in order to allow any other person to circumvent any
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1 provisions of this Section is guilty of a Class A misdemeanor
2 with a fine of $1,000, which shall be subject to the
3 enforcement provisions of Section 29 of this Act. Each day
4 that a person fails to display the required license under
5 subsection (a) and each day that an advertisement runs or
6 each day that a person allows his or her license to be
7 displayed or used in violation of this Section constitutes a
8 separate offense.
9 In addition to, and not in lieu of, the penalties and
10 remedies provided for in this Section and Section 29 of this
11 Act, any person licensed under this Act who violates any
12 provision of this Section shall be subject to suspension or
13 revocation of his or her license under Section 19 of this
14 Act.
15 (b.10) In addition to, and not in lieu of, the penalties
16 and remedies provided for in this Section and Sections 19,
17 20, and 29 of this Act, and after notice and an opportunity
18 for hearing as provided for in this subsection and Section 19
19 of this Act, the Department may issue an Order Of Correction
20 to the telecommunications carrier furnishing service to any
21 telephone number contained in a printed advertisement for
22 plumbing services that is found to be in violation of the
23 provisions of this subsection. The Order of Correction shall
24 be limited to the telephone number contained in the unlawful
25 advertisement. The Order of Correction shall notify the
26 telecommunications carrier to disconnect the telephone
27 service furnished to any telephone number contained in the
28 unlawful advertisement and that subsequent calls to that
29 number shall not be referred by the telecommunications
30 carrier to any new telephone number obtained by or any
31 existing number registered to the person.
32 If, upon investigation, the Department has probable cause
33 to believe that a person has placed an advertisement with a
34 telecommunications carrier that: (i) contains a false license
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1 number, (ii) contains a license number of a person other than
2 the person designated under subsection (a), or (iii) is
3 placed or circulated by a person who is not properly licensed
4 under this Act, the Department shall provide notice to the
5 person of the Department's intent to issue an Order of
6 Correction to the telecommunications carrier to disconnect
7 the telephone service furnished to any telephone number
8 contained in the unlawful advertisement, and that subsequent
9 calls to that number shall not be referred by the
10 telecommunications carrier to any new telephone number
11 obtained by or any existing number registered to the person.
12 Notice shall be provided by certified mail or by personal
13 service setting forth the particular reasons for the proposed
14 action and fixing a date, not less than 20 days from the date
15 of the mailing or service, within which time the person must
16 request a hearing in writing. Failure to serve upon the
17 Department a written request for hearing within the time
18 provided in the notice shall constitute a waiver of the
19 person's right to an administrative hearing. The hearing,
20 findings, and conclusions shall be in accordance with the
21 provisions contained in Section 19 of this Act and the
22 Department's Rules of Practice and Procedure in
23 Administrative Hearings (77 Ill. Admin. Code 100), which are
24 incorporated by reference herein.
25 Upon a finding that the person has violated the
26 provisions of this subsection, the Department shall issue the
27 Order of Correction to the telecommunications carrier. If the
28 telecommunications carrier fails to comply with the Order of
29 Correction within 20 days after the order is final, the
30 Department shall inform the Illinois Commerce Commission of
31 the failure to comply and the Illinois Commerce Commission
32 shall require the telecommunications carrier furnishing
33 services to that person to disconnect the telephone service
34 furnished to the telephone number contained in the unlawful
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1 advertisement and direct that subsequent calls to that number
2 shall not be referred by the telecommunications carrier to
3 any new telephone number obtained by or any existing number
4 registered to the person.
5 A person may have his or her telephone services restored,
6 after an Order of Correction has been issued, upon a showing,
7 to the satisfaction of the Department, that he or she is in
8 compliance with the provisions of this Act.
9 (c) The Department may require by rule and regulation
10 additional information concerning licensed plumbers and
11 licensed apprentice plumbers maintained in the register. The
12 Department shall have the right to examine the payroll
13 records of such persons to determine compliance with this
14 provision. The Department's right to examine payroll records
15 is limited solely to those records and does not extend to any
16 other business records.
17 (Source: P.A. 87-593; 88-501.)
18 Section 99. Effective date. This Act takes effect on
19 January 1, 2000.
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