Public Act 102-1137
 
HB4245 EnrolledLRB102 21906 SPS 31027 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Illinois Plumbing License Law is amended  by 
changing Sections 2.5 and 29.5 as follows:
 


    (225 ILCS 320/2.5)


    (Section scheduled to be repealed on January 1, 2024)

    Sec. 2.5. Irrigation contractors; lawn sprinkler systems. 

    (a) Every irrigation contractor doing business in this 
State shall annually
register with the
Department.  Every 
irrigation contractor shall provide to the Department
his or 
her business name and address, telephone number, name of 
principal,
 FEIN number, and an original certificate of 
insurance documenting that the irrigation contractor carries 
general liability insurance with a minimum of $100,000 per 
occurrence, bodily injury insurance with a minimum of $300,000 
per occurrence, property damage insurance with a minimum of 
$50,000, and worker's compensation insurance with a minimum of 
$500,000. No registration may be issued in the absence of the 
certificate of insurance.  The certificate must be in force at 
all times for registration to remain valid.  
    On a form provided by the Department, every irrigation 
contractor must provide to the Department an indemnification 
bond in the amount of $20,000 or an irrevocable letter of 
credit from a financial institution guaranteeing that funds 
shall be available only to the Department and shall be 
released upon written notification by the Department in the 
same amount for any work on lawn sprinkler systems performed 
by the registered irrigation contractor.  The letter of credit 
shall be printed on the letterhead of the issuing financial 
institution, be signed by an officer of the same financial 
institution, name the Department as the sole beneficiary, and 
expire on February 28 of each year.
    Every irrigation contractor doing business in this State 
shall also
register
with the Department each and every 
employee who installs or supervises the
installation of lawn 
sprinkler systems.  The
registration shall include the

employee's name, home address, and telephone number.  The

Department
may provide by rule for the administration of

registrations under
this subsection.
The annual
registration 
fee shall be set by the Department pursuant to
Section 30 of 
this Act. Each registered irrigation contractor must provide  
proof that he or she employs at least one irrigation employee 
who has completed and passed an approved class in the design 
and installation of lawn sprinkler systems.

    (b) A licensed plumber or licensed apprentice plumber may 
install
a lawn sprinkler system connected to any water source

without
registration under this Section.

    (c) A licensed plumber shall inspect every
sprinkler 
system installed by an irrigation contractor to ensure the 
provisions
of this Section have been met and that the system 
works mechanically. The inspecting  A
licensed plumber shall 
make the physical
connection between a lawn sprinkler system 
and the backflow prevention device. The inspecting licensed 
plumber shall inspect every aspect of the sprinkler system, 
including all piping, fittings, and heads, to ensure the 
provisions of this Section have been met. 

    Upon the installation of every lawn sprinkler system in 
this State from the
effective date of this amendatory Act of 
the 91st General Assembly forward, a
licensed
plumber shall 
affix to the backflow prevention
device a tag certifying that 
the installation of that system has been completed
in 
compliance with the minimum code of plumbing standards 
promulgated under
this Act.  The
Department shall provide by 
rule for the
registration of every lawn sprinkler
system 
installed after the effective date of this amendatory Act of 
the 91st
General Assembly, including the means by which the 
Department shall be able to
identify by
registration number 
the identity of the responsible irrigation
contractor and by 
license number the identity of the responsible licensed

plumber.  No lawn sprinkler system installed after the 
effective date of this
amendatory Act of the 91st General 
Assembly may be
operated without the certification tag 
required under this Section.

    The
registered irrigation contractor and the licensed 
plumber
whose identifying information is contained on the

certification tag shall both be subject to the penalty 
provisions of this Act
for violations for improper 
installation of a lawn sprinkler system installed
after the 
effective date of this amendatory Act of the 91st General 
Assembly.

    (d) An irrigation contractor who has
registered with the 
Department 7 or
fewer
persons who are authorized to install or 
supervise the installation of lawn
sprinkler systems shall 
either employ or contract with at least one licensed
plumber 
who shall
install or be responsible for the installation of 
every
lawn sprinkler system installed after the effective date 
of this amendatory Act
of the 91st General Assembly.  The 
licensed plumber shall inspect the risers
and sprinkler heads 
before backfilling.

    An irrigation contractor who has
registered with the 
Department 8 to 12
persons who are authorized to install or 
supervise the installation of lawn
sprinkler systems shall 
either employ or contract with at least 2 licensed
plumbers 
who shall install or be responsible for the
installation of 
every
lawn sprinkler system installed after the effective date 
of this amendatory Act
of the 91st General Assembly.
A 
licensed plumber shall inspect the risers and sprinkler heads 
before
backfilling.

    An irrigation contractor who has
registered with the 
Department 13 to 20
persons who are authorized to install or 
supervise the installation of lawn
sprinkler systems shall 
either employ or contract with at least 3 licensed
plumbers 
who shall install or be responsible for the
installation of 
every
lawn sprinkler system installed after the effective date 
of this amendatory Act
of the 91st General Assembly.
A 
licensed plumber shall inspect the risers and sprinkler heads 
before
backfilling.

    An irrigation contractor who has
registered with the 
Department 21 to 28
persons who are authorized to install or 
supervise the installation of lawn
sprinkler systems shall 
either employ or contract with at least 4 licensed
plumbers 
who shall install or be responsible for the
installation of 
every
lawn sprinkler system installed after the effective date 
of this amendatory Act
of the 91st General Assembly.
A 
licensed plumber shall inspect the risers and sprinkler heads 
before
backfilling.

    An irrigation contractor who has
registered with the 
Department 29 to 35
persons who are authorized to install or 
supervise the installation of lawn
sprinkler systems shall 
either employ or contract with at least 5 licensed
plumbers 
who shall install or be responsible for the
installation of 
every
lawn sprinkler system installed after the effective date 
of this amendatory Act
of the 91st General Assembly.
A 
licensed plumber shall inspect the risers and sprinkler heads 
before
backfilling.

    An irrigation contractor who has
registered with the 
Department 36 or more
persons who are authorized to install or 
supervise the installation of lawn
sprinkler systems shall 
either employ or contract with at least 6 licensed
plumbers 
who shall install or be responsible for the
installation of 
every
lawn sprinkler system installed after the effective date 
of this amendatory Act
of the 91st General Assembly.
 A 
licensed plumber shall inspect the risers and sprinkler heads 
before
backfilling.

    The Department may provide by rule for the temporary 
waiver process for
registered irrigation contractors who are 
unable to comply with the
requirements of this subsection.  
When a temporary waiver is granted, it shall
not be for a 
duration of more than 3 consecutive months.  Upon the 
expiration
of a temporary waiver issued by the Department,  the

registered irrigation
contractor shall demonstrate that 
justifiable reasons exist why he or she is
still unable to 
comply with the requirements of this subsection, despite good

faith efforts to comply with the requirements. In no case 
shall a temporary
waiver be granted for an irrigation 
contractor for more than a total of 6
months in a 2-year 
two-year period. In no case shall an irrigation
contractor be 
relieved of the requirement that a licensed plumber
shall 
inspect every sprinkler system installed by an
irrigation 
contractor to ensure the provisions of this Section have been 
met
and that the system works mechanically and make the 
physical connection
between a sprinkler system and the 
backflow prevention device.

    (e) No person shall attach to a lawn sprinkler system any 
fixture intended
to supply water for human consumption.

    No person shall attach to a lawn sprinkler system any 
fixture other
than the backflow prevention device, sprinkler 
heads, valves, and other parts
integral to the operation of 
the system, unless the fixture is clearly marked
as being for 
non-potable uses only.

    (f) A college, university, trade school, vocational 
school, or association that has established a program 
providing a course of instruction in lawn sprinkler design and 
installation may submit a letter to the Department requesting 
approval of its program or course of instruction.

    The request for approval shall include information on the 
curriculum offered by the program and the qualifications of 
the organization.  The course shall consist of a minimum of 2 
days of classroom education and an exam and shall include a 
provision for continuing education.
    The Department shall evaluate the curriculum and 
organization before making a determination to approve or deny 
a request for approval.

    In addition to providing to the Department the names of 
licensed plumbers who are employed by or contract with an 
irrigation contractor, an irrigation contractor must also 
provide to the Department the names of employees who have 
successfully completed an approved course on the installation 
of lawn sprinkler systems and proof that the course was 
successfully completed and that continuing education is also 
being completed.

    (g) All automatically operated lawn sprinkler systems 
shall have furnished and installed technology that inhibits or 
interrupts operation of the landscape irrigation system during 
periods of sufficient moisture or rainfall. The technology 
must be adjustable either by the end  user or the irrigation 
contractor.
    This subsection  (g) does not apply to systems operating on 
golf courses or agricultural lands.
    The requirements of this  subsection (g) apply to all 
landscape irrigation systems installed after January 1, 2009.

(Source: P.A. 94-101, eff. 1-1-08; 95-421, eff. 1-1-09.)

 


    (225 ILCS 320/29.5)



    Sec. 29.5. Unlicensed and unregistered practice; 
violation; civil
penalties.
    (a) A person who practices, offers to practice, attempts 
to practice, or
holds himself or herself out to practice as a 
plumber or plumbing
contractor without being licensed
or 
registered under this Act, shall, in addition to any other 
penalty provided by law, pay a civil penalty to
the Department 
in an amount not to exceed $5,000 for each offense as 
determined
by the Department. The civil penalty shall be 
assessed by the Department after
a hearing is held in 
accordance with the provisions set forth in this Act
regarding 
the provision of a hearing for the discipline of a licensee or

registrant.

    (b) The Department has the authority and power to 
investigate any person who
practices, offers to practice, 
attempts to practice, or holds himself or
herself
out to 
practice as a plumber or plumbing contractor without being 
licensed
or registered under this Act, or as an
irrigation 
contractor without being
registered under this Act.

    (c) The civil penalty shall be paid within 60 days after 
the effective date
of the order imposing the civil penalty. 
The order shall constitute a judgment
and may be filed and 
execution had on the judgment in the same manner as a
judgment

from a court of record. All fines and penalties collected by 
the Department
under this Section of the Act and accrued 
interest shall be deposited
into the Plumbing Licensure and 
Program Fund for use by the Department in
performing 
activities relating to the administration and enforcement of 
this
Act.

    (d) A person who practices, offers to practice, or holds 
himself or herself out to practice as an irrigation contractor 
without being registered under this Act shall be subject to 
the following:
        (1) For a first offense:

            (A) Where no violations of the Illinois Plumbing 
        Code are found, the person shall pay a civil penalty of 
        $1,000 and may be referred to the State's Attorney or 
        the Attorney General for prosecution under Section 29 
        of this Act.
            (B) Where violations of the Illinois Plumbing Code 
        are found, the person shall pay a civil penalty of 
        $3,000 (the amount of $3,000 may be reduced to $1,000 
        upon the condition that the unregistered person pays 
        for a licensed plumber who is acceptable to the other 
        party to the original contract or agreement to correct 
        the violations of the Illinois Plumbing Code) and may 
        be referred to the State's Attorney or the Attorney 
        General for prosecution under Section 29 of this Act.

        (2) For a second offense:
            (A) Where no violations of the Illinois Plumbing 
        Code are found, the person shall pay a civil penalty of 
        $3,000 and may be referred to the State's Attorney or 
        the Attorney General for prosecution under Section 29 
        of this Act.

            (B) Where violations of the Illinois Plumbing Code 
        are found, the person shall pay a civil penalty of 
        $5,000 (the amount of $5,000 may be reduced to $3,000 
        upon the condition that the unregistered person pays 
        for a licensed plumber who is acceptable to the other 
        party to the original contract or agreement to correct 
        the violations of the Illinois Plumbing Code) and may 
        be referred to the State's Attorney or the Attorney 
        General for prosecution under Section 29 of this Act.
        (3) For a third or subsequent offense, the person 
    shall pay a civil penalty of $5,000 and be referred to the 
    State's Attorney or the Attorney General for prosecution 
    under Section 29 of this Act.

    (e) A registered irrigation contractor, firm, corporation, 
partnership, or association that directs, authorizes, or 
allows a person to practice, offer to practice, attempt to 
practice, or hold himself or herself out to practice as an 
irrigation employee without being registered under the 
provisions of this Act, shall be subject to the following:
        (1) For a first offense, the registrant:

            (A) shall pay a civil penalty of $10,000 $5,000;

            (B) shall be required to pay for a licensed 
        plumber who is acceptable to the other party to the 
        original contract or agreement to correct any 
        violations of the Illinois Plumbing Code;

            (C) shall have his, her, or its plumbing license 
        suspended; and
            (D) may be referred to the State's Attorney or the 
        Attorney General for prosecution under Section 29 of 
        this Act.
        (2) For a second offense, the registrant:

            (A) shall pay a civil penalty of $10,000 $5,000;
            (B) shall be required to pay for a licensed 
        plumber who is acceptable to the other party to the 
        original contract or agreement to correct any 
        violations of the Illinois Plumbing Code;
            (C) shall have his, her, or its registration 
        revoked; and
            (D) shall be referred to the State's Attorney or 
        the  Attorney General for prosecution under Section 29 
        of this Act.
    (f) If the inspecting licensed plumber does not inspect 
every sprinkler system installed by an irrigation contractor 
to ensure the provisions of this Act have been met and that the 
system works mechanically or signs off on the installation 
without making the physical connection between a lawn 
sprinkler system and the backflow prevention device, the 
licensed plumber:
        (1) shall pay a civil penalty of $10,000;
        (2) shall be required to pay for a licensed plumber 
    who is acceptable to the other party to the original 
    contract or agreement to correct any violations of the 
    Act;
        (3) shall have his, her, or its plumbing license 
    suspended; and
        (4) may be referred to the State's Attorney or the 
    Attorney General for prosecution under Section 29 of this 
    Act.

(Source: P.A. 94-101, eff. 1-1-08.)