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91_HB0539enr
HB0539 Enrolled LRB9100612ACdvA
1 AN ACT concerning lawn sprinkler systems.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Plumbing License Law is amended
5 by changing Sections 2, 3, 19, 29.5, 30, and 42 and adding
6 Sections 2.5, 2.6, and 16.1 as follows:
7 (225 ILCS 320/2) (from Ch. 111, par. 1102)
8 Sec. 2. When used in this Act:
9 "Agent" means a person designated by a sponsor as
10 responsible for supervision of an apprentice plumber and who
11 is also an Illinois licensed plumber.
12 "Apprentice plumber" means any licensed person who is
13 learning and performing plumbing under the supervision of a
14 sponsor or his agent in accordance with the provisions of
15 this Act.
16 "Approved apprenticeship program" means an apprenticeship
17 program approved by the U.S. Department of Labor's Bureau of
18 Apprenticeship and Training and the Department under rules.
19 "Board" means the Illinois State Board of Plumbing
20 Examiners.
21 "Building drain" means that part of the lowest horizontal
22 piping of a drainage system that receives the discharge from
23 soil, waste, and other drainage pipes inside the walls of a
24 building and conveys it to 5 feet beyond the foundation walls
25 where it is connected to the building sewer.
26 "Building sewer" means that part of the horizontal piping
27 of a drainage system that extends from the end of the
28 building drain, receives the discharge of the building drain
29 and conveys it to a public sewer or private sewage disposal
30 system.
31 "Department" means the Illinois Department of Public
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1 Health.
2 "Director" means the Director of the Illinois Department
3 of Public Health.
4 "Governmental unit" means a city, village, incorporated
5 town, county, or sanitary or water district.
6 "Irrigation contractor" means a person who installs or
7 supervises the installation of lawn sprinkler systems subject
8 to Section 2.5 of this Act, other than a licensed plumber or
9 a licensed apprentice plumber.
10 "Lawn sprinkler system" means any underground irrigation
11 system of lawn, shrubbery and other vegetation from any
12 potable water sources; and from any water sources, whether or
13 not potable, in: (i) any county with a population of
14 3,000,000 or more; (ii) any county with a population of
15 275,000 or more which is contiguous in whole or in part to a
16 county with a population of 3,000,000 or more; and (iii) any
17 county with a population of 37,000 or more but less than
18 150,000 which is contiguous to 2 or more counties with
19 respective populations in excess of 275,000. "Lawn sprinkler
20 Such system" includes without limitation the water supply
21 piping, valves, and sprinkler heads or other irrigation
22 outlets, but does not include the backflow prevention device.
23 "Lawn sprinkler system" does not include an irrigation system
24 used primarily for agricultural purposes.
25 "Person" means any natural person, firm, corporation,
26 partnership, or association.
27 "Plumber" means any licensed person authorized to perform
28 plumbing as defined in this Act, but does not include retired
29 plumbers as defined in this Act.
30 "Plumbing" means the actual installation, repair,
31 maintenance, alteration or extension of a plumbing system by
32 any person.
33 "Plumbing" includes all piping, fixtures, appurtenances
34 and appliances for a supply of water for all purposes,
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1 including without limitation lawn sprinkler systems and
2 backflow prevention devices connected to lawn sprinkler
3 systems, from the source of a private water supply on the
4 premises or from the main in the street, alley or at the curb
5 to, within and about any building or buildings where a person
6 or persons live, work or assemble.
7 "Plumbing" includes all piping, from discharge of pumping
8 units to and including pressure tanks in water supply
9 systems.
10 "Plumbing" includes all piping, fixtures, appurtenances,
11 and appliances for a building drain and a sanitary drainage
12 and related ventilation system of any building or buildings
13 where a person or persons live, work or assemble from the
14 point of connection of such building drain to the building
15 sewer or private sewage disposal system 5 feet beyond the
16 foundation walls.
17 "Plumbing" does not mean or include the trade of
18 drain-laying, the trade of drilling water wells which
19 constitute the sources of private water supplies, and of
20 making connections between such wells and pumping units in
21 the water supply systems of buildings served by such private
22 water supplies, or the business of installing water softening
23 equipment and of maintaining and servicing the same, or the
24 business of manufacturing or selling plumbing fixtures,
25 appliances, equipment or hardware, or to the installation and
26 servicing of electrical equipment sold by a not-for-profit
27 corporation providing electrification on a cooperative basis,
28 that either on or before January 1, 1971, is or has been
29 financed in whole or in part under the federal "Rural
30 Electrification Act of 1936" and the Acts amendatory thereof
31 and supplementary thereto, to its members for use on farms
32 owned by individuals or operated by individuals, nor does it
33 mean or include minor repairs which do not require changes in
34 the piping to or from plumbing fixtures or involve the
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1 removal, replacement, installation or re-installation of any
2 pipe or plumbing fixtures. Plumbing does not include the
3 installation, repair, maintenance, alteration or extension of
4 building sewers.
5 "Plumbing fixtures" means installed receptacles, devices
6 or appliances that are supplied with water or that receive or
7 discharge liquids or liquid borne wastes, with or without
8 discharge into the drainage system with which they may be
9 directly or indirectly connected.
10 "Plumbing system" means the water service, water supply
11 and distribution pipes; plumbing fixtures and traps; soil,
12 waste and vent pipes; building drains; including their
13 respective connections, devices and appurtenances. "Plumbing
14 system" does not include building sewers as defined in this
15 Act.
16 "Retired plumber" means any licensed plumber in good
17 standing who meets the requirements of this Act and the
18 requirements prescribed by Department rule to be licensed as
19 a retired plumber and voluntarily surrenders his plumber's
20 license to the Department, in exchange for a retired
21 plumber's license. Retired plumbers cannot perform plumbing
22 as defined in this Act, cannot sponsor or supervise
23 apprentice plumbers, and cannot inspect plumbing under this
24 Act. A retired plumber cannot fulfill the requirements of
25 subsection (3) of Section 3 of this Act.
26 "Supervision" with respect to first and second year
27 licensed apprentice plumbers means that such apprentices must
28 perform all designing and planning of plumbing systems and
29 all plumbing as defined in this Act under the direct personal
30 supervision of the sponsor or his or her agent who must also
31 be an Illinois licensed plumber, except for maintenance and
32 repair work on existing plumbing systems done by second year
33 apprentice plumbers; provided that before performing any
34 maintenance and repair work without such supervision, such
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1 apprentice has received the minimum number of hours of annual
2 classroom instruction recommended by the United States
3 Department of Labor's Bureau of Apprenticeship and Training
4 for apprentice plumbers in a Bureau of Apprenticeship and
5 Training approved plumber apprenticeship program or its
6 equivalent. "Supervision" with respect to all other
7 apprentice plumbers means that, except for maintenance and
8 repair work on existing plumbing systems, any plumbing done
9 by such apprentices must be inspected daily, after initial
10 rough-in and after completion by the sponsor or his or her
11 agent who is also an Illinois licensed plumber. In addition,
12 all repair and maintenance work done by a licensed apprentice
13 plumber on an existing plumbing system must be approved by
14 the sponsor or his or her agent who is also an Illinois
15 licensed plumber.
16 "Sponsor" is an Illinois licensed plumber or an approved
17 apprenticeship program that has accepted an individual as an
18 Illinois licensed apprentice plumber for education and
19 training in the field of plumbing and whose name and license
20 number or apprenticeship program number shall appear on the
21 individual's application for an apprentice plumber's license.
22 "Sponsored" means that each Illinois licensed apprentice
23 plumber has been accepted by an Illinois licensed plumber or
24 an approved apprenticeship program for apprenticeship
25 training.
26 "Telecommunications carrier" means a telecommunications
27 carrier as defined in the Public Utilities Act.
28 (Source: P.A. 91-184, eff. 1-1-00.)
29 (225 ILCS 320/2.5 new)
30 Sec. 2.5. Irrigation contractors; lawn sprinkler
31 systems.
32 (a) Every irrigation contractor doing business in this
33 State shall annually register with the Department. Every
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1 irrigation contractor shall provide to the Department his or
2 her business name and address, telephone number, name of
3 principal, and FEIN number. Every irrigation contractor doing
4 business in this State shall also register with the
5 Department each and every employee who installs or supervises
6 the installation of lawn sprinkler systems. The registration
7 shall include the employee's name, home address, and
8 telephone number. The Department may provide by rule for the
9 administration of registrations under this subsection. The
10 annual registration fee shall be set by the Department
11 pursuant to Section 30 of this Act.
12 (b) A licensed plumber or licensed apprentice plumber
13 may install a lawn sprinkler system connected to any water
14 source without registration under this Section.
15 (c) A licensed plumber shall inspect every sprinkler
16 system installed by an irrigation contractor to ensure the
17 provisions of this Section have been met and that the system
18 works mechanically. A licensed plumber shall make the
19 physical connection between a lawn sprinkler system and the
20 backflow prevention device.
21 Upon the installation of every lawn sprinkler system in
22 this State from the effective date of this amendatory Act of
23 the 91st General Assembly forward, a licensed plumber shall
24 affix to the backflow prevention device a tag certifying that
25 the installation of that system has been completed in
26 compliance with the minimum code of plumbing standards
27 promulgated under this Act. The Department shall provide by
28 rule for the registration of every lawn sprinkler system
29 installed after the effective date of this amendatory Act of
30 the 91st General Assembly, including the means by which the
31 Department shall be able to identify by registration number
32 the identity of the responsible irrigation contractor and by
33 license number the identity of the responsible licensed
34 plumber. No lawn sprinkler system installed after the
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1 effective date of this amendatory Act of the 91st General
2 Assembly may be operated without the certification tag
3 required under this Section.
4 The registered irrigation contractor and the licensed
5 plumber whose identifying information is contained on the
6 certification tag shall both be subject to the penalty
7 provisions of this Act for violations for improper
8 installation of a lawn sprinkler system installed after the
9 effective date of this amendatory Act of the 91st General
10 Assembly.
11 (d) An irrigation contractor that has registered with
12 the Department 7 or fewer persons who are authorized to
13 install or supervise the installation of lawn sprinkler
14 systems shall either employ or contract with at least one
15 licensed plumber who shall install or be responsible for the
16 installation of every lawn sprinkler system installed after
17 the effective date of this amendatory Act of the 91st General
18 Assembly. The licensed plumber shall inspect the risers and
19 sprinkler heads before backfilling.
20 An irrigation contractor that has registered with the
21 Department 8 to 12 persons who are authorized to install or
22 supervise the installation of lawn sprinkler systems shall
23 either employ or contract with at least 2 licensed plumbers
24 who shall install or be responsible for the installation of
25 every lawn sprinkler system installed after the effective
26 date of this amendatory Act of the 91st General Assembly. A
27 licensed plumber shall inspect the risers and sprinkler heads
28 before backfilling.
29 An irrigation contractor that has registered with the
30 Department 13 to 20 persons who are authorized to install or
31 supervise the installation of lawn sprinkler systems shall
32 either employ or contract with at least 3 licensed plumbers
33 who shall install or be responsible for the installation of
34 every lawn sprinkler system installed after the effective
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1 date of this amendatory Act of the 91st General Assembly. A
2 licensed plumber shall inspect the risers and sprinkler heads
3 before backfilling.
4 An irrigation contractor that has registered with the
5 Department 21 to 28 persons who are authorized to install or
6 supervise the installation of lawn sprinkler systems shall
7 either employ or contract with at least 4 licensed plumbers
8 who shall install or be responsible for the installation of
9 every lawn sprinkler system installed after the effective
10 date of this amendatory Act of the 91st General Assembly. A
11 licensed plumber shall inspect the risers and sprinkler heads
12 before backfilling.
13 An irrigation contractor that has registered with the
14 Department 29 to 35 persons who are authorized to install or
15 supervise the installation of lawn sprinkler systems shall
16 either employ or contract with at least 5 licensed plumbers
17 who shall install or be responsible for the installation of
18 every lawn sprinkler system installed after the effective
19 date of this amendatory Act of the 91st General Assembly. A
20 licensed plumber shall inspect the risers and sprinkler heads
21 before backfilling.
22 An irrigation contractor that has registered with the
23 Department 36 or more persons who are authorized to install
24 or supervise the installation of lawn sprinkler systems shall
25 either employ or contract with at least 6 licensed plumbers
26 who shall install or be responsible for the installation of
27 every lawn sprinkler system installed after the effective
28 date of this amendatory Act of the 91st General Assembly. A
29 licensed plumber shall inspect the risers and sprinkler heads
30 before backfilling.
31 The Department may provide by rule for the temporary
32 waiver process for registered irrigation contractors who are
33 unable to comply with the requirements of this subsection.
34 When a temporary waiver is granted, it shall not be for a
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1 duration of more than 3 consecutive months. Upon the
2 expiration of a temporary waiver issued by the Department,
3 the registered irrigation contractor shall demonstrate that
4 justifiable reasons exist why he or she is still unable to
5 comply with the requirements of this subsection, despite good
6 faith efforts to comply with the requirements. In no case
7 shall a temporary waiver be granted for an irrigation
8 contractor for more than a total of 6 months in a two-year
9 period. In no case shall an irrigation contractor be relieved
10 of the requirement that a licensed plumber shall inspect
11 every sprinkler system installed by an irrigation contractor
12 to ensure the provisions of this Section have been met and
13 that the system works mechanically and make the physical
14 connection between a sprinkler system and the backflow
15 prevention device.
16 (e) No person shall attach to a lawn sprinkler system
17 any fixture intended to supply water for human consumption.
18 No person shall attach to a lawn sprinkler system any
19 fixture other than the backflow prevention device, sprinkler
20 heads, valves, and other parts integral to the operation of
21 the system, unless the fixture is clearly marked as being for
22 non-potable uses only.
23 (f) This Section is repealed January 1, 2003, and all
24 registrations under this Section terminate on that date.
25 (225 ILCS 320/2.6 new)
26 Sec. 2.6. Golf courses. A golf course with a lawn
27 sprinkler system installed prior to the effective date of
28 this amendatory Act of the 91st General Assembly may extend,
29 relocate, or modify up to 200 linear yards of an existing
30 lawn sprinkler system without being subject to the
31 requirements of Section 2.5 of this Act. However, if the
32 extension, relocation, or modification of an existing lawn
33 sprinkler system involves a connection of the system to a
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1 backflow prevention device, a licensed plumber shall make the
2 physical connection between the lawn sprinkler system and the
3 backflow prevention device.
4 (225 ILCS 320/3) (from Ch. 111, par. 1103)
5 Sec. 3. (1) All planning and designing of plumbing
6 systems and all plumbing shall be performed only by plumbers
7 licensed under the provisions of this Act hereinafter called
8 "licensed plumbers" and "licensed apprentice plumbers". The
9 inspection of plumbing and plumbing systems shall be done
10 only by the sponsor or his or her agent who shall be an
11 Illinois licensed plumber. Nothing herein contained shall
12 prohibit licensed plumbers or licensed apprentice plumbers
13 under supervision from planning, designing, inspecting,
14 installing, repairing, maintaining, altering or extending
15 building sewers in accordance with this Act. No person who
16 holds a license or certificate of registration under the
17 Illinois Architecture Practice Act of 1989, or the Structural
18 Engineering Practice Act of 1989, or the Professional
19 Engineering Practice Act of 1989 shall be prevented from
20 planning and designing plumbing systems.
21 (2) Nothing herein contained shall prohibit the owner
22 occupant or lessee occupant of a single family residence, or
23 the owner of a single family residence under construction for
24 his or her occupancy, from planning, installing, altering or
25 repairing the plumbing system of such residence, provided
26 that (i) such plumbing shall comply with the minimum
27 standards for plumbing contained in the Illinois State
28 Plumbing Code, and shall be subject to inspection by the
29 Department or the local governmental unit if it retains a
30 licensed plumber as an inspector; and (ii) such owner, owner
31 occupant or lessee occupant shall not employ other than a
32 plumber licensed pursuant to this Act to assist him or her.
33 For purposes of this subsection, a person shall be
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1 considered an "occupant" if and only if he or she has taken
2 possession of and is living in the premises as his or her
3 bona fide sole and exclusive residence, or, in the case of
4 an owner of a single family residence under construction for
5 his or her occupancy, he or she expects to take possession of
6 and live in the premises as his or her bona fide sole and
7 exclusive residence, and he or she has a current intention to
8 live in such premises as his or her bona fide sole and
9 exclusive residence for a period of not less than 6 months
10 after the completion of the plumbing work performed pursuant
11 to the authorization of this subsection, or, in the case of
12 an owner of a single family residence under construction for
13 his or her occupancy, for a period of not less than 6 months
14 after the completion of construction of the residence.
15 Failure to possess and live in the premises as a sole and
16 exclusive residence for a period of 6 months or more shall
17 create a rebuttable presumption of a lack of such intention.
18 (3) The employees of a firm, association, partnership or
19 corporation who engage in plumbing shall be licensed plumbers
20 or licensed apprentice plumbers. At least one member of every
21 firm, association or partnership engaged in plumbing work,
22 and at least one corporate officer of every corporation
23 engaged in plumbing work, as the case may be, shall be a
24 licensed plumber. A retired plumber cannot fulfill the
25 requirements of this subsection (3).
26 Notwithstanding the provisions of this subsection (3), it
27 shall be lawful for an irrigation contractor registered under
28 Section 2.5 of this Act to employ or contract with one or
29 more licensed plumbers in connection with work on lawn
30 sprinkler systems pursuant to Section 2.5 of this Act.
31 (4) (a) A licensed apprentice plumber shall plan, design
32 and install plumbing only under the supervision of the
33 sponsor or his or her agent who is also an Illinois
34 licensed plumber.
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1 (b) An applicant for licensing as an apprentice
2 plumber shall be at least 16 years of age and apply on
3 the application form provided by the Department. Such
4 application shall verify that the applicant is sponsored
5 by an Illinois licensed plumber or an approved
6 apprenticeship program and shall contain the name and
7 license number of the licensed plumber or program
8 sponsor.
9 (c) No licensed plumber shall sponsor more than 2
10 licensed apprentice plumbers at the same time. If 2
11 licensed apprentice plumbers are sponsored by a plumber
12 at the same time, one of the apprentices must have, at a
13 minimum, 2 years experience as a licensed apprentice. No
14 licensed plumber sponsor or his or her agent may
15 supervise 2 licensed apprentices with less than 2 years
16 experience at the same time. The sponsor or agent shall
17 supervise and be responsible for the plumbing performed
18 by a licensed apprentice.
19 (d) No agent shall supervise more than 2 licensed
20 apprentices at the same time.
21 (e) No licensed plumber may, in any capacity,
22 supervise more than 2 licensed apprentice plumbers at the
23 same time.
24 (f) No approved apprenticeship program may sponsor
25 more licensed apprentices than 2 times the number of
26 licensed plumbers available to supervise those licensed
27 apprentices.
28 (g) No approved apprenticeship program may sponsor
29 more licensed apprentices with less than 2 years
30 experience than it has licensed plumbers available to
31 supervise those licensed apprentices.
32 (h) No individual shall work as an apprentice
33 plumber unless he or she is properly licensed under this
34 Act. The Department shall issue an apprentice plumber's
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1 license to each approved applicant.
2 (i) No licensed apprentice plumber shall serve more
3 than a 6 year licensed apprenticeship period. If, upon
4 completion of a 6 year licensed apprenticeship period,
5 such licensed apprentice plumber does not apply for the
6 examination for a plumber's license and successfully pass
7 the examination for a plumber's license, his or her
8 apprentice plumber's license shall not be renewed.
9 Nothing contained in P.A. 83-878, entitled "An Act in
10 relation to professions", approved September 26, 1983, was
11 intended by the General Assembly nor should it be construed
12 to require the employees of a governmental unit or privately
13 owned municipal water supplier who operate, maintain or
14 repair a water or sewer plant facility which is owned or
15 operated by such governmental unit or privately owned
16 municipal water supplier to be licensed plumbers under this
17 Act. In addition, nothing contained in P.A. 83-878 was
18 intended by the General Assembly nor should it be construed
19 to permit persons other than licensed plumbers to perform the
20 installation, repair, maintenance or replacement of plumbing
21 fixtures, such as toilet facilities, floor drains, showers
22 and lavatories, and the piping attendant to those fixtures,
23 within such facility or in the construction of a new
24 facility.
25 Nothing contained in P.A. 83-878, entitled "An Act in
26 relation to professions", approved September 26, 1983, was
27 intended by the General Assembly nor should it be construed
28 to require the employees of a governmental unit or privately
29 owned municipal water supplier who install, repair or
30 maintain water service lines from water mains in the street,
31 alley or curb line to private property lines and who install,
32 repair or maintain water meters to be licensed plumbers under
33 this Act if such work was customarily performed prior to the
34 effective date of such Act by employees of such governmental
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1 unit or privately owned municipal water supplier who were not
2 licensed plumbers. Any such work which was customarily
3 performed prior to the effective date of such Act by persons
4 who were licensed plumbers or subcontracted to persons who
5 were licensed plumbers must continue to be performed by
6 persons who are licensed plumbers or subcontracted to persons
7 who are licensed plumbers. When necessary under this Act,
8 the Department shall make the determination whether or not
9 persons who are licensed plumbers customarily performed such
10 work.
11 (Source: P.A. 91-91, eff. 1-1-00.)
12 (225 ILCS 320/16.1 new)
13 Sec. 16.1. Local ordinances; irrigation contractors.
14 (1) Any city, village, or incorporated town having a
15 population of 500,000 or more may, by an ordinance containing
16 provisions substantially the same as those in this Act with
17 respect to the registration of irrigation contractors,
18 provide for the registration of irrigation contractors within
19 such city, village, or incorporated town. Upon the enactment
20 of the ordinance, the provisions of this Act relating to
21 irrigation contractors shall not apply within any such
22 municipality except as otherwise provided herein.
23 (2) Any person registered as an irrigation contractor
24 pursuant to such ordinance, or registered by the Department
25 under this Act, may install or supervise the installation of
26 lawn sprinkler systems anywhere in this State.
27 (3) Any municipality enacting an ordinance pursuant to
28 this Section shall maintain a current record similar to that
29 required of the Department by Section 2.5 of this Act, and
30 shall provide the Department with a copy thereof. The
31 Department shall be advised of changes in such record at
32 least every 6 months.
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1 (225 ILCS 320/19) (from Ch. 111, par. 1118)
2 Sec. 19. The Director, after notice and opportunity for
3 hearing to the applicant, or license holder, or registrant,
4 may deny, suspend, or revoke a license or registration in any
5 case in which he or she finds that there has been a
6 substantial failure to comply with the provisions of this Act
7 or the standards, rules, and regulations established under
8 this Act.
9 Notice shall be provided by certified mail or by personal
10 service setting forth the particular reasons for the proposed
11 action and fixing a date, not less than 20 days from the date
12 of the mailing or service, within which time the applicant or
13 license holder must request in writing a hearing. Failure to
14 serve upon the Department a request for hearing in writing
15 within the time provided in the notice shall constitute a
16 waiver of the person's right to an administrative hearing.
17 The hearing shall be conducted by the Director or by an
18 individual designated in writing by the Director as a hearing
19 officer to conduct the hearing. The Director or hearing
20 officer shall give written notice of the time and place of
21 the hearing, by certified mail or personal service, to the
22 applicant, or license holder, or registrant at least 10 days
23 prior to the hearing. On the basis of the hearing, or upon
24 default of the applicant, or license holder, or registrant,
25 the Director shall make a determination specifying his or her
26 findings and conclusions. A copy of the determination shall
27 be sent by certified mail or served personally upon the
28 applicant, or license holder, or registrant. The decision of
29 the Director shall be final on issues of fact and final in
30 all respects unless judicial review is sought as provided in
31 this Act.
32 The procedure governing hearings authorized by this
33 Section shall be in accordance with rules promulgated by the
34 Department. A full and complete record shall be kept of all
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1 proceedings, including the notice of hearing, complaint, and
2 all other documents in the nature of pleadings, written
3 motions filed in the proceedings, and the report and orders
4 of the Director and hearing officer.
5 The Department at its expense shall provide a court
6 reporter to take testimony. Technical error in the
7 proceedings before the Department or hearing officer or their
8 failure to observe the technical rules of evidence shall not
9 be grounds for the reversal of any administrative decision
10 unless it appears to the Court that such error or failure
11 materially affects the rights of any party and results in
12 substantial injustice to them.
13 The Department or hearing officer, or any parties in an
14 investigation or hearing before the Department, may cause the
15 depositions of witnesses within the State to be taken in the
16 manner prescribed by law for depositions in civil actions in
17 courts of this State, and compel the attendance of witnesses
18 and the production of books, papers, records, or memoranda.
19 The Department shall not be required to certify any
20 record to the Court or file any answer in Court or otherwise
21 appear in any Court in a judicial review proceeding, unless
22 there is filed in the Court with the complaint a receipt from
23 the Department acknowledging payment of the costs of
24 furnishing and certifying the record. Such cost shall be
25 paid by the party requesting a copy of the record. Failure
26 on the part of the person requesting a copy of the record to
27 pay the cost shall be grounds for dismissal of the action.
28 (Source: P.A. 87-885.)
29 (225 ILCS 320/29.5)
30 Sec. 29.5. Unlicensed practice; violation; civil
31 penalty.
32 (a) A person who practices, offers to practice, attempts
33 to practice, or holds himself or herself out to practice as a
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1 plumber without being licensed under this Act, or as an
2 irrigation contractor without being registered under this
3 Act, shall, in addition to any other penalty provided by law,
4 pay a civil penalty to the Department in an amount not to
5 exceed $5,000 for each offense as determined by the
6 Department. The civil penalty shall be assessed by the
7 Department after a hearing is held in accordance with the
8 provisions set forth in this Act regarding the provision of a
9 hearing for the discipline of a licensee.
10 (b) The Department has the authority and power to
11 investigate any person who practices, offers to practice,
12 attempts to practice, or holds himself or herself out to
13 practice as a plumber without being licensed under this Act,
14 or as an irrigation contractor without being registered under
15 this Act.
16 (c) The civil penalty shall be paid within 60 days after
17 the effective date of the order imposing the civil penalty.
18 The order shall constitute a judgment and may be filed and
19 execution had on the judgment in the same manner as a
20 judgment from a court of record. All fines and penalties
21 collected by the Department under this Section of the Act and
22 accrued interest shall be deposited into the Plumbing
23 Licensure and Program Fund for use by the Department in
24 performing activities relating to the administration and
25 enforcement of this Act.
26 (Source: P.A. 90-714, eff. 8-7-98.)
27 (225 ILCS 320/30) (from Ch. 111, par. 1129)
28 Sec. 30. (1) The Department shall, by rule, establish a
29 schedule of fees for examination, registration, and licensure
30 sufficient to offset a portion of the costs of administration
31 and enforcement of this Act.
32 (2) The Department may, by rule, establish a schedule of
33 fees for the publication and mailing of the Illinois State
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1 Plumbing Code.
2 (Source: P.A. 87-885.)
3 (225 ILCS 320/42)
4 Sec. 42. Home rule. Pursuant to paragraph (h) of Section
5 6 of Article VII of the Illinois Constitution of 1970 the
6 power to regulate the licensing of plumbers, and the
7 promulgation of a minimum plumbing code of standards, and the
8 power to regulate the registration of irrigation contractors
9 shall, except as may otherwise be provided within and
10 pursuant to the provisions of Section 16 and Section 16.1 of
11 this Act, be exercised by the State and may not be exercised
12 by any unit of local government, including home rule units.
13 (Source: P.A. 83-878.)
14 Section 99. Effective date. This Act takes effect upon
15 becoming law.
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