SB0038ham001 97TH GENERAL ASSEMBLY

Rep. Carol A. Sente

Filed: 5/9/2011

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 38

2    AMENDMENT NO. ______. Amend Senate Bill 38 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Plumbing License Law is amended by
5changing Sections 2 and 35 as follows:
 
6    (225 ILCS 320/2)  (from Ch. 111, par. 1102)
7    Sec. 2. When used in this Act:
8    "Agent" means a person designated by a sponsor as
9responsible for supervision of an apprentice plumber and who is
10also an Illinois licensed plumber.
11    "Apprentice plumber" means any licensed person who is
12learning and performing plumbing under the supervision of a
13sponsor or his agent in accordance with the provisions of this
14Act.
15    "Approved apprenticeship program" means an apprenticeship
16program approved by the U.S. Department of Labor's Bureau of

 

 

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1Apprenticeship and Training and the Department under rules.
2    "Board" means the Illinois State Board of Plumbing
3Examiners.
4    "Building drain" means that part of the lowest horizontal
5piping of a drainage system that receives the discharge from
6soil, waste, and other drainage pipes inside the walls of a
7building and conveys it to 5 feet beyond the foundation walls
8where it is connected to the building sewer.
9    "Building sewer" means that part of the horizontal piping
10of a drainage system that extends from the end of the building
11drain, receives the discharge of the building drain and conveys
12it to a public sewer or private sewage disposal system.
13    "Department" means the Illinois Department of Public
14Health.
15    "Director" means the Director of the Illinois Department of
16Public Health.
17    "Governmental unit" means a city, village, incorporated
18town, county, or sanitary or water district.
19    "Greywater" means water that has been used for domestic,
20commercial, or industrial purposes and that does not contain
21human or food waste and has not yet been treated.
22    "Irrigation contractor" means a person who installs or
23supervises the installation of lawn sprinkler systems subject
24to Section 2.5 of this Act, other than a licensed plumber or a
25licensed apprentice plumber.
26    "Irrigation employee" means a person who is employed by a

 

 

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1registered irrigation contractor or a licensed plumber, and who
2designs, repairs, alters, maintains, or installs lawn
3sprinkler systems that are subject to Section 2.5 of this Law.
4    "Lawn sprinkler system" means any underground irrigation
5system of lawn, shrubbery and other vegetation from any potable
6water sources; and from any water sources, whether or not
7potable. "Lawn sprinkler system" includes without limitation
8the water supply piping, valves, control systems, low voltage
9wiring, sprinkler heads or other irrigation outlets, and
10moisture or rainfall sensing equipment, but does not include
11the backflow prevention device. "Lawn sprinkler system" does
12not include an irrigation system used primarily for
13agricultural purposes.
14    "Person" means any natural person, firm, corporation,
15partnership, or association.
16    "Plumber" means any licensed person authorized to perform
17plumbing as defined in this Act, but does not include retired
18plumbers as defined in this Act.
19    "Plumbing" means the actual installation, repair,
20maintenance, alteration or extension of a plumbing system by
21any person.
22    "Plumbing" includes all piping, fixtures, appurtenances
23and appliances for a supply of water for all purposes,
24including without limitation lawn sprinkler systems and
25backflow prevention devices connected to lawn sprinkler
26systems, from the source of a private water supply on the

 

 

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1premises or from the main in the street, alley or at the curb
2to, within and about any building or buildings where a person
3or persons live, work or assemble.
4    "Plumbing" includes all piping, from discharge of pumping
5units to and including pressure tanks in water supply systems.
6    "Plumbing" includes all piping, fixtures, appurtenances,
7and appliances for a building drain and a sanitary drainage and
8related ventilation system of any building or buildings where a
9person or persons live, work or assemble from the point of
10connection of such building drain to the building sewer or
11private sewage disposal system 5 feet beyond the foundation
12walls.
13    "Plumbing" does not mean or include the trade of
14drain-laying, the trade of drilling water wells which
15constitute the sources of private water supplies, and of making
16connections between such wells and pumping units in the water
17supply systems of buildings served by such private water
18supplies, or the business of installing water softening
19equipment and of maintaining and servicing the same, or the
20business of manufacturing or selling plumbing fixtures,
21appliances, equipment or hardware, or to the installation and
22servicing of electrical equipment sold by a not-for-profit
23corporation providing electrification on a cooperative basis,
24that either on or before January 1, 1971, is or has been
25financed in whole or in part under the federal Rural
26Electrification Act of 1936 and the Acts amendatory thereof and

 

 

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1supplementary thereto, to its members for use on farms owned by
2individuals or operated by individuals, nor does it mean or
3include minor repairs which do not require changes in the
4piping to or from plumbing fixtures or involve the removal,
5replacement, installation or re-installation of any pipe or
6plumbing fixtures. Plumbing does not include the installation,
7repair, maintenance, alteration or extension of building
8sewers.
9    "Plumbing contractor" means any person who performs
10plumbing, as defined in this Act, for another person. "Plumbing
11contractor" shall not include licensed plumbers and licensed
12apprentice plumbers who either are employed by persons engaged
13in the plumbing business or are employed by another person for
14the performance of plumbing solely for that other person,
15including, but not limited to, a hospital, university, or
16business maintenance staff.
17    "Plumbing fixtures" means installed receptacles, devices
18or appliances that are supplied with water or that receive or
19discharge liquids or liquid borne wastes, with or without
20discharge into the drainage system with which they may be
21directly or indirectly connected.
22    "Plumbing system" means the water service, water supply and
23distribution pipes; plumbing fixtures and traps; soil, waste
24and vent pipes; building drains; including their respective
25connections, devices and appurtenances.
26    "Plumbing system" does not include building sewers as

 

 

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1defined in this Act.
2    "Rainwater" means any form of natural precipitation.
3    "Raw water" means any untreated water that does not contain
4human or food waste.
5    "Retired plumber" means any licensed plumber in good
6standing who meets the requirements of this Act and the
7requirements prescribed by Department rule to be licensed as a
8retired plumber and voluntarily surrenders his plumber's
9license to the Department, in exchange for a retired plumber's
10license. Retired plumbers cannot perform plumbing as defined in
11this Act, cannot sponsor or supervise apprentice plumbers, and
12cannot inspect plumbing under this Act. A retired plumber
13cannot fulfill the requirements of subsection (3) of Section 3
14of this Act.
15    "Supervision" with respect to first and second year
16licensed apprentice plumbers means that such apprentices must
17perform all designing and planning of plumbing systems and all
18plumbing as defined in this Act under the direct personal
19supervision of the sponsor or his or her agent who must also be
20an Illinois licensed plumber, except for maintenance and repair
21work on existing plumbing systems done by second year
22apprentice plumbers; provided that before performing any
23maintenance and repair work without such supervision, such
24apprentice has received the minimum number of hours of annual
25classroom instruction recommended by the United States
26Department of Labor's Bureau of Apprenticeship and Training for

 

 

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1apprentice plumbers in a Bureau of Apprenticeship and Training
2approved plumber apprenticeship program or its equivalent.
3"Supervision" with respect to all other apprentice plumbers
4means that, except for maintenance and repair work on existing
5plumbing systems, any plumbing done by such apprentices must be
6inspected daily, after initial rough-in and after completion by
7the sponsor or his or her agent who is also an Illinois
8licensed plumber. In addition, all repair and maintenance work
9done by a licensed apprentice plumber on an existing plumbing
10system must be approved by the sponsor or his or her agent who
11is also an Illinois licensed plumber.
12    "Sponsor" is an Illinois licensed plumber or an approved
13apprenticeship program that has accepted an individual as an
14Illinois licensed apprentice plumber for education and
15training in the field of plumbing and whose name and license
16number or apprenticeship program number shall appear on the
17individual's application for an apprentice plumber's license.
18    "Sponsored" means that each Illinois licensed apprentice
19plumber has been accepted by an Illinois licensed plumber or an
20approved apprenticeship program for apprenticeship training.
21    "Telecommunications carrier" means a telecommunications
22carrier as defined in the Public Utilities Act.
23(Source: P.A. 94-101, eff. 1-1-08.)
 
24    (225 ILCS 320/35)  (from Ch. 111, par. 1133)
25    Sec. 35. The Department shall promulgate and publish and

 

 

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1may from time to time amend a minimum code of standards for
2plumbing and the fixtures, materials, design and installation
3methods of plumbing systems based upon the findings of the
4sciences of pneumatics and hydraulics, after consideration of
5the recommendations of the Plumbing Code Advisory Council. The
6Department may promulgate and publish rules in the State's
7minimum code of standards for the minimum number of plumbing
8fixtures required for the comfort and convenience of workers
9and the public not inconsistent with, but not limited to, the
10requirements of the federal Americans With Disabilities Act,
11the Equitable Restrooms Act, and the U.S. Department of Labor,
12Office of Safety and Health Administration. Rainwater, raw
13water, greywater, and any other type of water used in
14correlation with a plumbing system, for the purpose of
15conserving potable water, may be connected to and used in a
16plumbing system when connected by a licensed plumber within the
17guidelines of this Act. The connection and piping downstream of
18the connection, and only the rainwater, raw water, and
19greywater, and any other water, used in correlation with a
20plumbing system, for the purpose of conserving potable water
21downstream of the connection, shall be considered plumbing. The
22Department shall adopt and publish a minimum code of standards
23for the safe handling and use of rainwater, raw water,
24greywater, and any other type of water used in correlation with
25a plumbing system or water sources in a plumbing system, by
26June 1, 2012. The minimum code of standards for plumbing and

 

 

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1any amendments thereto shall be filed with the Secretary of
2State as a public record. In preparing plumbing code standards
3and amendments thereto the Department may give consideration to
4the recommendations contained in nationally recognized
5plumbing codes and recommendations of nationally recognized
6material and equipment testing laboratories. The plumbing code
7promulgated by the Department under authority of this Act shall
8remain in effect as the minimum code authorized by this Act
9until the Department promulgates a new code under authority of
10this Act. At least 20 days' notice of a public hearing shall be
11given by the Department in a manner which the Department
12considers adequate to bring the hearing to the attention of
13persons interested in plumbing code standards. Notice of any
14public hearing shall be given by the Department to those who
15file a request for a notice of hearings.
16(Source: P.A. 87-885.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.".