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91_SB0457eng
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1 AN ACT to amend the Illinois Plumbing License Law.
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, and 19 and adding Section 2.5 as
6 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 registered person
7 authorized to install or supervise the installation of lawn
8 irrigation systems.
9 "Lawn irrigation sprinkler system" means any underground
10 irrigation system of lawn, shrubbery and other vegetation
11 from any potable water sources; and from any water sources,
12 whether or not potable, in: (i) any county with a population
13 of 3,000,000 or more; (ii) any county with a population of
14 275,000 or more which is contiguous in whole or in part to a
15 county with a population of 3,000,000 or more; and (iii) any
16 county with a population of 37,000 or more but less than
17 150,000 which is contiguous to 2 or more counties with
18 respective populations in excess of 275,000. Such system
19 includes without limitation the water supply piping, valves
20 and sprinkler heads or other irrigation outlets. "Lawn
21 irrigation sprinkler system" does not include an irrigation
22 system used primarily for agricultural purposes, including
23 irrigation systems used at nurseries, garden centers, and
24 landscape holding yards for production and maintenance of
25 plant materials.
26 "Person" means any natural person, firm, corporation,
27 partnership, or association.
28 "Plumber" means any licensed person authorized to perform
29 plumbing as defined in this Act, but does not include retired
30 plumbers as defined in this Act.
31 "Plumbing" means the actual installation, repair,
32 maintenance, alteration or extension of a plumbing system by
33 any person.
34 "Plumbing" includes all piping, fixtures, appurtenances
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1 and appliances for a supply of water for all purposes,
2 including without limitation backflow prevention devices
3 between a lawn irrigation system and sprinkler systems, from
4 the source of a private water supply on the premises or from
5 the main in the street, alley or at the curb to, within and
6 about any building or buildings where a person or persons
7 live, work or assemble.
8 "Plumbing" includes all piping, from discharge of pumping
9 units to and including pressure tanks in water supply
10 systems.
11 "Plumbing" includes all piping, fixtures, appurtenances,
12 and appliances for a building drain and a sanitary drainage
13 and related ventilation system of any building or buildings
14 where a person or persons live, work or assemble from the
15 point of connection of such building drain to the building
16 sewer or private sewage disposal system 5 feet beyond the
17 foundation walls.
18 "Plumbing" does not mean or include the trade of
19 installing or maintaining lawn irrigation systems connected
20 to properly installed backflow prevention devices, the trade
21 of drain-laying, the trade of drilling water wells which
22 constitute the sources of private water supplies, and of
23 making connections between such wells and pumping units in
24 the water supply systems of buildings served by such private
25 water supplies, or the business of installing water softening
26 equipment and of maintaining and servicing the same, or the
27 business of manufacturing or selling plumbing fixtures,
28 appliances, equipment or hardware, or to the installation and
29 servicing of electrical equipment sold by a not-for-profit
30 corporation providing electrification on a cooperative basis,
31 that either on or before January 1, 1971, is or has been
32 financed in whole or in part under the federal "Rural
33 Electrification Act of 1936" and the Acts amendatory thereof
34 and supplementary thereto, to its members for use on farms
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1 owned by individuals or operated by individuals, nor does it
2 mean or include minor repairs which do not require changes in
3 the piping to or from plumbing fixtures or involve the
4 removal, replacement, installation or re-installation of any
5 pipe or plumbing fixtures. Plumbing does not include the
6 installation, repair, maintenance, alteration or extension of
7 building sewers.
8 "Plumbing fixtures" means installed receptacles, devices
9 or appliances that are supplied with water or that receive or
10 discharge liquids or liquid borne wastes, with or without
11 discharge into the drainage system with which they may be
12 directly or indirectly connected. "Plumbing fixtures" does
13 not include lawn irrigation systems that are properly
14 connected to backflow prevention devices.
15 "Plumbing system" means the water service, water supply
16 and distribution pipes; plumbing fixtures and traps; soil,
17 waste and vent pipes; building drains; including their
18 respective connections, devices and appurtenances. "Plumbing
19 system" does not include building sewers as defined in this
20 Act or lawn irrigation systems that are properly connected to
21 backflow prevention devices.
22 "Retired plumber" means any licensed plumber in good
23 standing who meets the requirements of this Act and the
24 requirements prescribed by Department rule to be licensed as
25 a retired plumber and voluntarily surrenders his plumber's
26 license to the Department, in exchange for a retired
27 plumber's license. Retired plumbers cannot perform plumbing
28 as defined in this Act, cannot sponsor or supervise
29 apprentice plumbers, and cannot inspect plumbing under this
30 Act. A retired plumber cannot fulfill the requirements of
31 subsection (3) of Section 3 of this Act.
32 "Supervision" with respect to first and second year
33 licensed apprentice plumbers means that such apprentices must
34 perform all designing and planning of plumbing systems and
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1 all plumbing as defined in this Act under the direct personal
2 supervision of the sponsor or his or her agent who must also
3 be an Illinois licensed plumber, except for maintenance and
4 repair work on existing plumbing systems done by second year
5 apprentice plumbers; provided that before performing any
6 maintenance and repair work without such supervision, such
7 apprentice has received the minimum number of hours of annual
8 classroom instruction recommended by the United States
9 Department of Labor's Bureau of Apprenticeship and Training
10 for apprentice plumbers in a Bureau of Apprenticeship and
11 Training approved plumber apprenticeship program or its
12 equivalent. "Supervision" with respect to all other
13 apprentice plumbers means that, except for maintenance and
14 repair work on existing plumbing systems, any plumbing done
15 by such apprentices must be inspected daily, after initial
16 rough-in and after completion by the sponsor or his or her
17 agent who is also an Illinois licensed plumber. In addition,
18 all repair and maintenance work done by a licensed apprentice
19 plumber on an existing plumbing system must be approved by
20 the sponsor or his or her agent who is also an Illinois
21 licensed plumber.
22 "Sponsor" is an Illinois licensed plumber or an approved
23 apprenticeship program that has accepted an individual as an
24 Illinois licensed apprentice plumber for education and
25 training in the field of plumbing and whose name and license
26 number or apprenticeship program number shall appear on the
27 individual's application for an apprentice plumber's license.
28 "Sponsored" means that each Illinois licensed apprentice
29 plumber has been accepted by an Illinois licensed plumber or
30 an approved apprenticeship program for apprenticeship
31 training.
32 (Source: P.A. 89-665, eff. 8-14-96.)
33 (220 ILCS 320/2.5 new)
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1 Sec. 2.5. Lawn irrigation systems. Every irrigation
2 contractor shall annually register with the Department. The
3 annual registration fee shall be $50. Every irrigation
4 contractor shall provide to the Department his or her
5 business name and address, telephone number, name of
6 principal, and FEIN number.
7 No person shall attach any fixtures intended to supply
8 water for human consumption to a lawn irrigation system.
9 No person shall attach any fixtures to a lawn irrigation
10 system, other than the backflow prevention device, the
11 sprinkler heads, the valves, and other such parts integral to
12 the operation of the system, unless the fixtures are clearly
13 marked as being for non-potable uses only.
14 A licensed plumber or licensed apprentice plumber shall
15 make the physical connection between a lawn irrigation system
16 and the backflow prevention device and shall also inspect the
17 system to (i) ensure the provisions of this Section have been
18 met and (ii) that the system works mechanically.
19 Licensed plumbers and licensed apprentice plumbers are
20 authorized to install and maintain lawn irrigation systems
21 without registration under this Section.
22 (225 ILCS 320/3) (from Ch. 111, par. 1103)
23 Sec. 3. (1) All planning and designing of plumbing
24 systems and all plumbing shall be performed only by plumbers
25 licensed under the provisions of this Act hereinafter called
26 "licensed plumbers" and "licensed apprentice plumbers". The
27 inspection of plumbing and plumbing systems shall be done
28 only by the sponsor or his or her agent who shall be an
29 Illinois licensed plumber. Nothing herein contained shall
30 prohibit licensed plumbers or licensed apprentice plumbers
31 under supervision from planning, designing, inspecting,
32 installing, repairing, maintaining, altering or extending
33 building sewers in accordance with this Act. No person who
34 holds a license or certificate of registration under the
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1 Illinois Architecture Practice Act of 1989, or the Structural
2 Engineering Licensing Act of 1989, or the Professional
3 Engineering Practice Act of 1989 shall be prevented from
4 planning and designing plumbing systems.
5 (2) Nothing herein contained shall prohibit the owner
6 occupant or lessee occupant of a single family residence, or
7 the owner of a single family residence under construction for
8 his or her occupancy, from planning, installing, altering or
9 repairing the plumbing system or lawn irrigation system of
10 such residence, provided that (i) such plumbing shall comply
11 with the minimum standards for plumbing contained in the
12 Illinois State Plumbing Code, and shall be subject to
13 inspection by the Department or the local governmental unit
14 if it retains a licensed plumber as an inspector; and (ii)
15 such owner, owner occupant or lessee occupant shall not
16 employ other than a plumber licensed pursuant to this Act to
17 assist him or her.
18 For purposes of this subsection, a person shall be
19 considered an "occupant" if and only if he or she has taken
20 possession of and is living in the premises as his or her
21 bona fide sole and exclusive residence, or, in the case of
22 an owner of a single family residence under construction for
23 his or her occupancy, he or she expects to take possession of
24 and live in the premises as his or her bona fide sole and
25 exclusive residence, and he or she has a current intention to
26 live in such premises as his or her bona fide sole and
27 exclusive residence for a period of not less than 6 months
28 after the completion of the plumbing work performed pursuant
29 to the authorization of this subsection, or, in the case of
30 an owner of a single family residence under construction for
31 his or her occupancy, for a period of not less than 6 months
32 after the completion of construction of the residence.
33 Failure to possess and live in the premises as a sole and
34 exclusive residence for a period of 6 months or more shall
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1 create a rebuttable presumption of a lack of such intention.
2 (3) The employees of a firm, association, partnership or
3 corporation who engage in plumbing shall be licensed plumbers
4 or licensed apprentice plumbers. At least one member of every
5 firm, association or partnership engaged in plumbing work,
6 and at least one corporate officer of every corporation
7 engaged in plumbing work, as the case may be, shall be a
8 licensed plumber. A retired plumber cannot fulfill the
9 requirements of this subsection (3).
10 (4) (a) A licensed apprentice plumber shall plan, design
11 and install plumbing only under the supervision of the
12 sponsor or his or her agent who is also an Illinois
13 licensed plumber.
14 (b) An applicant for licensing as an apprentice
15 plumber shall be at least 16 years of age and apply on
16 the application form provided by the Department. Such
17 application shall verify that the applicant is sponsored
18 by an Illinois licensed plumber or an approved
19 apprenticeship program and shall contain the name and
20 license number of the licensed plumber or program
21 sponsor.
22 (c) No licensed plumber shall sponsor more than 2
23 licensed apprentice plumbers at the same time. If 2
24 licensed apprentice plumbers are sponsored by a plumber
25 at the same time, one of the apprentices must have, at a
26 minimum, 2 years experience as a licensed apprentice. No
27 licensed plumber sponsor or his or her agent may
28 supervise 2 licensed apprentices with less than 2 years
29 experience at the same time. The sponsor or agent shall
30 supervise and be responsible for the plumbing performed
31 by a licensed apprentice.
32 (d) No agent shall supervise more than 2 licensed
33 apprentices at the same time.
34 (e) No licensed plumber may, in any capacity,
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1 supervise more than 2 licensed apprentice plumbers at the
2 same time.
3 (f) No approved apprenticeship program may sponsor
4 more licensed apprentices than 2 times the number of
5 licensed plumbers available to supervise those licensed
6 apprentices.
7 (g) No approved apprenticeship program may sponsor
8 more licensed apprentices with less than 2 years
9 experience than it has licensed plumbers available to
10 supervise those licensed apprentices.
11 (h) No individual shall work as an apprentice
12 plumber unless he or she is properly licensed under this
13 Act. The Department shall issue an apprentice plumber's
14 license to each approved applicant.
15 (i) No licensed apprentice plumber shall serve more
16 than a 6 year licensed apprenticeship period. If, upon
17 completion of a 6 year licensed apprenticeship period,
18 such licensed apprentice plumber does not apply for the
19 examination for a plumber's license and successfully pass
20 the examination for a plumber's license, his or her
21 apprentice plumber's license shall not be renewed.
22 Nothing contained in P.A. 83-878, entitled "An Act in
23 relation to professions", approved September 26, 1983, was
24 intended by the General Assembly nor should it be construed
25 to require the employees of a governmental unit or privately
26 owned municipal water supplier who operate, maintain or
27 repair a water or sewer plant facility which is owned or
28 operated by such governmental unit or privately owned
29 municipal water supplier to be licensed plumbers under this
30 Act. In addition, nothing contained in P.A. 83-878 was
31 intended by the General Assembly nor should it be construed
32 to permit persons other than licensed plumbers to perform the
33 installation, repair, maintenance or replacement of plumbing
34 fixtures, such as toilet facilities, floor drains, showers
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1 and lavatories, and the piping attendant to those fixtures,
2 within such facility or in the construction of a new
3 facility.
4 Nothing contained in P.A. 83-878, entitled "An Act in
5 relation to professions", approved September 26, 1983, was
6 intended by the General Assembly nor should it be construed
7 to require the employees of a governmental unit or privately
8 owned municipal water supplier who install, repair or
9 maintain water service lines from water mains in the street,
10 alley or curb line to private property lines and who install,
11 repair or maintain water meters to be licensed plumbers under
12 this Act if such work was customarily performed prior to the
13 effective date of such Act by employees of such governmental
14 unit or privately owned municipal water supplier who were not
15 licensed plumbers. Any such work which was customarily
16 performed prior to the effective date of such Act by persons
17 who were licensed plumbers or subcontracted to persons who
18 were licensed plumbers must continue to be performed by
19 persons who are licensed plumbers or subcontracted to persons
20 who are licensed plumbers. When necessary under this Act,
21 the Department shall make the determination whether or not
22 persons who are licensed plumbers customarily performed such
23 work.
24 (Source: P.A. 89-665, eff. 8-14-96.)
25 (225 ILCS 320/19) (from Ch. 111, par. 1118)
26 Sec. 19. The Director, after notice and opportunity for
27 hearing to the applicant, or license holder, or registrant,
28 may deny, suspend, or revoke a license or registration in any
29 case in which he or she finds that there has been a
30 substantial failure to comply with the provisions of this Act
31 or the standards, rules, and regulations established under
32 this Act.
33 Notice shall be provided by certified mail or by personal
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1 service setting forth the particular reasons for the proposed
2 action and fixing a date, not less than 20 days from the date
3 of the mailing or service, within which time the applicant or
4 license holder must request in writing a hearing. Failure to
5 serve upon the Department a request for hearing in writing
6 within the time provided in the notice shall constitute a
7 waiver of the person's right to an administrative hearing.
8 The hearing shall be conducted by the Director or by an
9 individual designated in writing by the Director as a hearing
10 officer to conduct the hearing. The Director or hearing
11 officer shall give written notice of the time and place of
12 the hearing, by certified mail or personal service, to the
13 applicant, or license holder, or registrant at least 10 days
14 prior to the hearing. On the basis of the hearing, or upon
15 default of the applicant, or license holder, or registrant,
16 the Director shall make a determination specifying his or her
17 findings and conclusions. A copy of the determination shall
18 be sent by certified mail or served personally upon the
19 applicant, or license holder, or registrant. The decision of
20 the Director shall be final on issues of fact and final in
21 all respects unless judicial review is sought as provided in
22 this Act.
23 The procedure governing hearings authorized by this
24 Section shall be in accordance with rules promulgated by the
25 Department. A full and complete record shall be kept of all
26 proceedings, including the notice of hearing, complaint, and
27 all other documents in the nature of pleadings, written
28 motions filed in the proceedings, and the report and orders
29 of the Director and hearing officer.
30 The Department at its expense shall provide a court
31 reporter to take testimony. Technical error in the
32 proceedings before the Department or hearing officer or their
33 failure to observe the technical rules of evidence shall not
34 be grounds for the reversal of any administrative decision
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1 unless it appears to the Court that such error or failure
2 materially affects the rights of any party and results in
3 substantial injustice to them.
4 The Department or hearing officer, or any parties in an
5 investigation or hearing before the Department, may cause the
6 depositions of witnesses within the State to be taken in the
7 manner prescribed by law for depositions in civil actions in
8 courts of this State, and compel the attendance of witnesses
9 and the production of books, papers, records, or memoranda.
10 The Department shall not be required to certify any
11 record to the Court or file any answer in Court or otherwise
12 appear in any Court in a judicial review proceeding, unless
13 there is filed in the Court with the complaint a receipt from
14 the Department acknowledging payment of the costs of
15 furnishing and certifying the record. Such cost shall be
16 paid by the party requesting a copy of the record. Failure
17 on the part of the person requesting a copy of the record to
18 pay the cost shall be grounds for dismissal of the action.
19 (Source: P.A. 87-885.)
20 Section 99. Effective date. This Act takes effect upon
21 becoming law.
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