Full Text of HB5913 99th General Assembly
HB5913 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB5913 Introduced , by Rep. John D'Amico SYNOPSIS AS INTRODUCED: |
| 225 ILCS 320/3 | from Ch. 111, par. 1103 | 225 ILCS 320/8 | from Ch. 111, par. 1107 | 225 ILCS 320/10 | from Ch. 111, par. 1109 |
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Amends the Illinois Plumbing License Law. Requires a licensed plumber to provide proof of completing 4 hours of continuing education to renew his or her annual license. Provides that sponsors of continuing education shall meet the criteria provided by the Board of Plumbing Examiners and the Plumbing Code advisory council. Provides that continuing education courses shall provide instruction in plumbing, which is supervised directly by an Illinois licensed plumber only. Provides qualifying criteria for plumbing instructors. Provides that the Director of Public Health shall approve an application for a plumber's license examination if the applicant has submitted evidence that he or she has successfully completed an approved course of instruction in plumbing supervised directly by an Illinois licensed plumber in colleges, universities, or trade schools.
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| | A BILL FOR |
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| | | HB5913 | | LRB099 20382 SMS 44866 b |
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| 1 | | AN ACT concerning regulation.
| 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 by | 5 | | changing Sections 3, 8, and 10 as follows:
| 6 | | (225 ILCS 320/3) (from Ch. 111, par. 1103)
| 7 | | Sec. 3.
(1) All planning and designing of plumbing systems
| 8 | | and all plumbing shall be performed only by plumbers licensed | 9 | | under the
provisions of this Act hereinafter called "licensed | 10 | | plumbers" and "licensed
apprentice plumbers". The inspection | 11 | | of plumbing and plumbing systems
shall be done only by the | 12 | | sponsor or his or her agent who shall be an Illinois
licensed | 13 | | plumber. Nothing herein contained shall prohibit licensed
| 14 | | plumbers or licensed apprentice plumbers under supervision | 15 | | from planning,
designing, inspecting, installing, repairing, | 16 | | maintaining, altering or
extending building sewers in | 17 | | accordance with this Act. No person who holds
a license or | 18 | | certificate of registration under the Illinois Architecture
| 19 | | Practice Act of 1989, or the Structural Engineering
Practice | 20 | | Act of 1989,
or the Professional Engineering Practice Act of | 21 | | 1989 shall be prevented
from planning and designing plumbing | 22 | | systems. Each licensed plumber shall, as a condition of each | 23 | | annual license renewal after the first license, provide proof |
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| 1 | | of completion of 4 hours of continuing education. Sponsors of | 2 | | continuing education shall meet the criteria provided by the | 3 | | Board of Plumbing Examiners and Plumbing Code advisory council. | 4 | | Continuing education courses shall provide instruction in | 5 | | plumbing, which is supervised directly by an Illinois licensed | 6 | | plumber only.
| 7 | | (2) Nothing herein contained shall prohibit the owner | 8 | | occupant or lessee
occupant of a single family residence, or | 9 | | the owner of a single family
residence under construction for | 10 | | his or her occupancy, from planning,
installing, altering or | 11 | | repairing the plumbing system of such residence,
provided that | 12 | | (i) such plumbing shall comply with the minimum standards for
| 13 | | plumbing contained in the Illinois State Plumbing Code, and | 14 | | shall be
subject to inspection by the Department or the local | 15 | | governmental unit if
it retains a licensed plumber as an | 16 | | inspector; and (ii) such owner, owner
occupant or lessee | 17 | | occupant shall not employ other than a plumber licensed
| 18 | | pursuant to this Act to assist him or her.
| 19 | | For purposes of this subsection, a person shall be | 20 | | considered an "occupant"
if and only if he or she has taken | 21 | | possession of and is living in the premises
as his or her bona | 22 | | fide sole and exclusive residence, or, in the case of
an owner | 23 | | of a single family residence under construction for his or her
| 24 | | occupancy, he or she expects to take possession of and live in | 25 | | the premises
as his or her bona fide sole and exclusive | 26 | | residence, and he or she has a
current intention to live in |
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| 1 | | such premises as his or her bona fide sole and
exclusive | 2 | | residence for a period of not less than 6 months after the
| 3 | | completion of the plumbing work performed pursuant to the | 4 | | authorization of
this subsection, or, in the case of an owner | 5 | | of a single family residence
under construction for his or her | 6 | | occupancy, for a period
of not less than 6 months after the | 7 | | completion of construction of the
residence. Failure to possess | 8 | | and live in the premises as a sole and
exclusive residence for | 9 | | a period of 6 months or more shall create a
rebuttable | 10 | | presumption of a lack of such intention.
| 11 | | (3) The employees of a firm, association, partnership or | 12 | | corporation who
engage in plumbing shall be licensed plumbers | 13 | | or licensed apprentice plumbers.
At least one member of every | 14 | | firm, association or partnership engaged in
plumbing work, and | 15 | | at least one corporate officer of every corporation
engaged in | 16 | | plumbing work, as the case may be, shall be a licensed plumber.
| 17 | | A retired plumber cannot fulfill the requirements of this | 18 | | subsection (3).
Plumbing contractors are also required to be | 19 | | registered pursuant to the
provisions of this Act.
| 20 | | Notwithstanding the provisions of this subsection (3), it | 21 | | shall be lawful
for
an irrigation
contractor registered under | 22 | | Section 2.5 of this Act to employ or contract with
one or more | 23 | | licensed plumbers in connection
with work on lawn sprinkler | 24 | | systems pursuant to Section 2.5 of this Act.
| 25 | | (4) (a) A licensed apprentice plumber shall plan, design | 26 | | and install
plumbing only under the supervision of the |
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| 1 | | sponsor or his or her agent who is
also an Illinois | 2 | | licensed plumber.
| 3 | | (b) An applicant for licensing as an apprentice plumber | 4 | | shall be at
least 16 years of age and apply on the | 5 | | application form provided by the
Department. Such | 6 | | application shall verify that the applicant is sponsored
by | 7 | | an Illinois licensed plumber or an approved apprenticeship | 8 | | program and
shall contain the name and license number of | 9 | | the licensed plumber or program
sponsor.
| 10 | | (c) No licensed plumber shall sponsor more than 2 | 11 | | licensed apprentice
plumbers at the same time. If 2 | 12 | | licensed apprentice plumbers are sponsored
by a plumber at | 13 | | the same time, one of the apprentices must have, at a
| 14 | | minimum, 2 years experience as a licensed apprentice. No | 15 | | licensed plumber
sponsor or his or her agent may supervise | 16 | | 2 licensed apprentices with less
than 2 years experience at | 17 | | the same time. The sponsor or agent shall
supervise and be | 18 | | responsible for the plumbing performed by a licensed
| 19 | | apprentice.
| 20 | | (d) No agent shall supervise more than 2 licensed | 21 | | apprentices at the
same time.
| 22 | | (e) No licensed plumber may, in any capacity, supervise | 23 | | more than 2
licensed apprentice plumbers at the 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 |
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| 1 | | apprentices.
| 2 | | (g) No approved apprenticeship program may sponsor | 3 | | more licensed
apprentices with less than 2 years experience | 4 | | than it has licensed plumbers
available to supervise those | 5 | | licensed apprentices.
| 6 | | (h) No individual shall work as an apprentice plumber | 7 | | unless he or she
is properly licensed under this Act. The | 8 | | Department shall issue an
apprentice plumber's license to | 9 | | each approved applicant.
| 10 | | (i) No licensed apprentice plumber shall serve more | 11 | | than a 6 year licensed
apprenticeship period. If, upon | 12 | | completion of a 6 year licensed
apprenticeship period, such | 13 | | licensed apprentice plumber does not apply for
the | 14 | | examination for a plumber's license and successfully pass | 15 | | the
examination for a plumber's license, his or her | 16 | | apprentice plumber's
license shall not be renewed.
| 17 | | Nothing contained in P.A. 83-878, entitled "An Act in | 18 | | relation to
professions", approved September 26, 1983, was | 19 | | intended by the General
Assembly nor should it be construed to | 20 | | require the employees of a
governmental unit or privately owned | 21 | | municipal water supplier who operate,
maintain or repair a | 22 | | water or sewer plant facility which is owned or
operated by | 23 | | such governmental unit or privately owned municipal water
| 24 | | supplier to be licensed plumbers under this Act. In addition, | 25 | | nothing
contained in P.A. 83-878 was intended by the General | 26 | | Assembly nor should it
be construed to permit persons other |
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| 1 | | than licensed plumbers to perform the
installation, repair, | 2 | | maintenance or replacement of plumbing fixtures, such
as toilet | 3 | | facilities, floor drains, showers and lavatories, and the | 4 | | piping
attendant to those fixtures, within such facility or in | 5 | | the construction of
a new facility.
| 6 | | Nothing contained in P.A. 83-878, entitled "An Act in | 7 | | relation to
professions", approved September 26, 1983, was | 8 | | intended by the General
Assembly nor should it be construed to | 9 | | require the employees of a
governmental unit or privately owned | 10 | | municipal water supplier who install,
repair or maintain water | 11 | | service lines from water mains in the street, alley
or curb | 12 | | line to private property lines and who install, repair or | 13 | | maintain
water meters to be licensed plumbers under this Act if | 14 | | such work was
customarily performed prior to the effective date | 15 | | of such Act by employees
of such governmental unit or privately | 16 | | owned municipal water supplier who
were not licensed plumbers. | 17 | | Any such work which was customarily performed
prior to the | 18 | | effective date of such Act by persons who were licensed
| 19 | | plumbers or subcontracted to persons who were licensed plumbers | 20 | | must
continue to be performed by persons who are licensed | 21 | | plumbers or
subcontracted to persons who are licensed plumbers. | 22 | | When necessary under
this Act, the Department shall make the | 23 | | determination whether or not
persons who are licensed plumbers | 24 | | customarily performed such work.
| 25 | | (Source: P.A. 91-91, eff. 1-1-00; 91-678, eff. 1-26-00; 92-338, | 26 | | eff. 8-10-01.)
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| 1 | | (225 ILCS 320/8) (from Ch. 111, par. 1107)
| 2 | | Sec. 8. The Director shall:
| 3 | | (1) Prepare forms for application for examination for a | 4 | | plumber's license.
| 5 | | (2) Prepare and issue licenses as provided in this Act.
| 6 | | (3) With the aid of the Board prescribe rules and | 7 | | regulations for
examination of applicants for plumber's | 8 | | licenses.
| 9 | | (4) With the aid of the Board prepare and give uniform and | 10 | | comprehensive
examinations to applicants for a plumber's | 11 | | license which shall test
their knowledge and qualifications in | 12 | | the planning and design of plumbing
systems, their knowledge, | 13 | | qualifications, and manual skills in plumbing,
and their | 14 | | knowledge of the State's minimum code of standards relating to
| 15 | | fixtures, materials, design and installation methods of | 16 | | plumbing
systems, promulgated pursuant to this Act.
| 17 | | (5) Issue a plumber's license and license renewal to every | 18 | | applicant who
has passed the examination and who has paid the | 19 | | required license and renewal
fee.
| 20 | | (6) Prescribe rules for hearings to deny, suspend, revoke | 21 | | or reinstate
licenses as provided in this Act.
| 22 | | (7) Maintain a current record showing (a) the names and | 23 | | addresses of
registered plumbing contractors,
licensed
| 24 | | plumbers, licensed apprentice plumbers, and licensed retired
| 25 | | plumbers, (b) the dates of issuance of
licenses, (c) the date |
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| 1 | | and substance of the charges set forth in any hearing
for | 2 | | denial, suspension or revocation of any license, (d) the date | 3 | | and substance
of the final order issued upon each such hearing, | 4 | | and (e) the date and
substance
of all petitions for | 5 | | reinstatement of license and final orders on such
petitions.
| 6 | | (8) Prescribe, in consultation with the Board, uniform and | 7 | | reasonable
rules defining what constitutes an approved course | 8 | | of instruction in plumbing,
in colleges, universities, or
trade | 9 | | schools, and approve or disapprove the courses of instruction | 10 | | offered
by such colleges, universities, or trade schools by | 11 | | reference to their
compliance
or noncompliance with such rules. | 12 | | Such rules shall be designed to assure
that an approved course | 13 | | of instruction will adequately teach the design,
planning, | 14 | | installation, replacement, extension, alteration and repair of
| 15 | | plumbing.
| 16 | | Each instructor participating in a program of instruction | 17 | | in plumbing shall be: | 18 | | (a) an Illinois licensed plumber; | 19 | | (b) an individual who possesses a provisional career and | 20 | | technical educator endorsement on an educator license, issued | 21 | | by the State Board of Education pursuant to Section 21B-20 of | 22 | | the School Code in a field related to plumbing, such as | 23 | | hydraulics, pneumatics, or water chemistry; or | 24 | | (c) a representative of an industry or a manufacturing | 25 | | business related to plumbing, including, but not limited to, | 26 | | the copper industry, plastic pipe industry, or cast iron |
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| 1 | | industry. Courses that are taught by industry representatives | 2 | | shall be educational and shall not be sales oriented. Industry | 3 | | representatives shall be assisted by an Illinois licensed | 4 | | plumber during the presentation of a course of instruction. | 5 | | The instructor shall provide verification of the license or | 6 | | certificate. A copy of the instructor's educator license will | 7 | | establish verification. | 8 | | (Source: P.A. 92-338, eff. 8-10-01.)
| 9 | | (225 ILCS 320/10) (from Ch. 111, par. 1109)
| 10 | | Sec. 10.
(1) An applicant for a plumber's license shall | 11 | | file a written
application in the office of the Department on | 12 | | the form designated by the
Department at least 30 days before | 13 | | the date set by the Department for the
examination.
| 14 | | (2) The Director shall promptly approve the application for | 15 | | examination if:
| 16 | | (a) the required application fee has been paid, and
| 17 | | (b) the applicant has submitted evidence that he or she | 18 | | is a citizen
of the United States or has declared his or | 19 | | her intention to become a
citizen, and
| 20 | | (c) the applicant has submitted evidence that he or she | 21 | | has completed
at least a 2 year course of study in a high | 22 | | school, or an equivalent
course of study, and
| 23 | | (d) the applicant has been employed as an Illinois | 24 | | licensed apprentice
plumber under supervision in | 25 | | accordance with this Act for at least 4 years
preceding the |
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| 1 | | date of application and has submitted evidence that he or | 2 | | she
has worked at the plumbing trade in accordance with | 3 | | this Act for the 4 year
Illinois licensed apprentice | 4 | | plumber apprenticeship period, or
| 5 | | (e) the applicant has submitted evidence that he or she | 6 | | has
successfully completed an approved course of | 7 | | instruction in plumbing supervised directly by an Illinois | 8 | | licensed plumber in
colleges, universities, or trade | 9 | | schools.
| 10 | | (3) If the application for examination is approved, the | 11 | | Department shall
promptly notify the applicant in writing of | 12 | | such approval and of the place
and time of the examination. If | 13 | | the application is disapproved, the Department
shall promptly | 14 | | notify the applicant in writing of such disapproval, stating
| 15 | | the reasons for disapproval.
| 16 | | (4) If an applicant neglects, fails or refuses to take an | 17 | | examination
for license under this Act, the application is | 18 | | denied. However, such
applicant may submit a new application | 19 | | for examination, accompanied by the
required application fee. | 20 | | Application fees for examination for a plumber's
license are | 21 | | not refundable.
| 22 | | (Source: P.A. 87-885.)
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