Full Text of HB5468 96th General Assembly
HB5468 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5468
Introduced 2/5/2010, by Rep. Elizabeth Coulson SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Plumbing License Law. Provides 5 year exemption from any requirement concerning retrofitting with a reduced pressure zone (RPZ) valve to certain lawn sprinkler systems. Provides that the Department shall also provide an exemption for such lawn sprinkler systems from any requirement to retrofit a lawn sprinkler system with a RPZ valve if the Department finds that either the lawn sprinkler system cannot be retrofitted with a RPZ valve or that the costs of doing so would be unreasonably high. Effective immediately.
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| HOME RULE NOTE ACT MAY APPLY | |
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A BILL FOR
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HB5468 |
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LRB096 19364 ASK 34755 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Plumbing License Law is amended by | 5 |
| changing Section 2.5 as follows:
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| (225 ILCS 320/2.5)
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| (Section scheduled to be repealed on January 1, 2013)
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| Sec. 2.5. Irrigation contractors; lawn sprinkler systems.
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| (a) Every irrigation contractor doing business in this | 10 |
| State shall annually
register with the
Department. Every | 11 |
| irrigation contractor shall provide to the Department
his or | 12 |
| her business name and address, telephone number, name of | 13 |
| principal,
FEIN number, and an original certificate of | 14 |
| insurance documenting that the irrigation contractor carries | 15 |
| general liability insurance with a minimum of $100,000 per | 16 |
| occurrence, bodily injury insurance with a minimum of $300,000 | 17 |
| per occurrence, property damage insurance with a minimum of | 18 |
| $50,000, and worker's compensation insurance with a minimum of | 19 |
| $500,000. No registration may be issued in the absence of the | 20 |
| certificate of insurance. The certificate must be in force at | 21 |
| all times for registration to remain valid. | 22 |
| On a form provided by the Department, every irrigation | 23 |
| contractor must provide to the Department an indemnification |
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HB5468 |
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LRB096 19364 ASK 34755 b |
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| bond in the amount of $20,000 or an irrevocable letter of | 2 |
| credit from a financial institution guaranteeing that funds | 3 |
| shall be available only to the Department and shall be released | 4 |
| upon written notification by the Department in the same amount | 5 |
| for any work on lawn sprinkler systems performed by the | 6 |
| registered irrigation contractor. The letter of credit shall be | 7 |
| printed on the letterhead of the issuing financial institution, | 8 |
| be signed by an officer of the same financial institution, name | 9 |
| the Department as the sole beneficiary, and expire on February | 10 |
| 28 of each year. | 11 |
| Every irrigation contractor doing business in this State | 12 |
| shall also
register
with the Department each and every employee | 13 |
| who installs or supervises the
installation of lawn sprinkler | 14 |
| systems. The
registration shall include the
employee's name, | 15 |
| home address, and telephone number. The
Department
may provide | 16 |
| by rule for the administration of
registrations under
this | 17 |
| subsection.
The annual
registration fee shall be set by the | 18 |
| Department pursuant to
Section 30 of this Act. Each registered | 19 |
| irrigation contractor must provide proof that he or she employs | 20 |
| at least one irrigation employee who has completed and passed | 21 |
| an approved class in the design and installation of lawn | 22 |
| sprinkler systems.
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| (b) A licensed plumber or licensed apprentice plumber may | 24 |
| install
a lawn sprinkler system connected to any water source
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| without
registration under this Section.
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| (c) A licensed plumber shall inspect every
sprinkler system |
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HB5468 |
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LRB096 19364 ASK 34755 b |
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| installed by an irrigation contractor to ensure the provisions
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| of this Section have been met and that the system works | 3 |
| mechanically. A
licensed plumber shall make the physical
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| connection between a lawn sprinkler system and the backflow | 5 |
| prevention device.
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| Upon the installation of every lawn sprinkler system in | 7 |
| this State from the
effective date of this amendatory Act of | 8 |
| the 91st General Assembly forward, a
licensed
plumber shall | 9 |
| affix to the backflow prevention
device a tag certifying that | 10 |
| the installation of that system has been completed
in | 11 |
| compliance with the minimum code of plumbing standards | 12 |
| promulgated under
this Act. The
Department shall provide by | 13 |
| rule for the
registration of every lawn sprinkler
system | 14 |
| installed after the effective date of this amendatory Act of | 15 |
| the 91st
General Assembly, including the means by which the | 16 |
| Department shall be able to
identify by
registration number the | 17 |
| identity of the responsible irrigation
contractor and by | 18 |
| license number the identity of the responsible licensed
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| plumber. No lawn sprinkler system installed after the effective | 20 |
| date of this
amendatory Act of the 91st General Assembly may be
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| operated without the certification tag required under this | 22 |
| Section.
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| The
registered irrigation contractor and the licensed | 24 |
| plumber
whose identifying information is contained on the
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| certification tag shall both be subject to the penalty | 26 |
| provisions of this Act
for violations for improper installation |
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HB5468 |
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LRB096 19364 ASK 34755 b |
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| of a lawn sprinkler system installed
after the effective date | 2 |
| of this amendatory Act of the 91st General Assembly.
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| (d) An irrigation contractor who has
registered with the | 4 |
| Department 7 or
fewer
persons who are authorized to install or | 5 |
| supervise the installation of lawn
sprinkler systems shall | 6 |
| either employ or contract with at least one licensed
plumber | 7 |
| who shall
install or be responsible for the installation of | 8 |
| every
lawn sprinkler system installed after the effective date | 9 |
| of this amendatory Act
of the 91st General Assembly. The | 10 |
| licensed plumber shall inspect the risers
and sprinkler heads | 11 |
| before backfilling.
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| An irrigation contractor who has
registered with the | 13 |
| Department 8 to 12
persons who are authorized to install or | 14 |
| supervise the installation of lawn
sprinkler systems shall | 15 |
| either employ or contract with at least 2 licensed
plumbers who | 16 |
| shall install or be responsible for the
installation of every
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| lawn sprinkler system installed after the effective date of | 18 |
| this amendatory Act
of the 91st General Assembly.
A licensed | 19 |
| plumber shall inspect the risers and sprinkler heads before
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| backfilling.
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| An irrigation contractor who has
registered with the | 22 |
| Department 13 to 20
persons who are authorized to install or | 23 |
| supervise the installation of lawn
sprinkler systems shall | 24 |
| either employ or contract with at least 3 licensed
plumbers who | 25 |
| shall install or be responsible for the
installation of every
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| lawn sprinkler system installed after the effective date of |
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HB5468 |
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LRB096 19364 ASK 34755 b |
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| this amendatory Act
of the 91st General Assembly.
A licensed | 2 |
| plumber shall inspect the risers and sprinkler heads before
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| backfilling.
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| An irrigation contractor who 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 who | 8 |
| shall install or be responsible for the
installation of every
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| lawn sprinkler system installed after the effective date of | 10 |
| this amendatory Act
of the 91st General Assembly.
A licensed | 11 |
| plumber shall inspect the risers and sprinkler heads before
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| backfilling.
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| An irrigation contractor who 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 who | 17 |
| shall install or be responsible for the
installation of every
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| lawn sprinkler system installed after the effective date of | 19 |
| this amendatory Act
of the 91st General Assembly.
A licensed | 20 |
| plumber shall inspect the risers and sprinkler heads before
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| backfilling.
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| An irrigation contractor who has
registered with the | 23 |
| Department 36 or more
persons who are authorized to install or | 24 |
| supervise the installation of lawn
sprinkler systems shall | 25 |
| either employ or contract with at least 6 licensed
plumbers who | 26 |
| shall install or be responsible for the
installation of every
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HB5468 |
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LRB096 19364 ASK 34755 b |
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| lawn sprinkler system installed after the effective date of | 2 |
| this amendatory Act
of the 91st General Assembly.
A licensed | 3 |
| plumber shall inspect the risers and sprinkler heads before
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| backfilling.
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| The Department may provide by rule for the temporary waiver | 6 |
| process for
registered irrigation contractors who are unable to | 7 |
| comply with the
requirements of this subsection. When a | 8 |
| temporary waiver is granted, it shall
not be for a duration of | 9 |
| more than 3 consecutive months. Upon the expiration
of a | 10 |
| temporary waiver issued by the Department, the
registered | 11 |
| irrigation
contractor shall demonstrate that justifiable | 12 |
| reasons exist why he or she is
still unable to comply with the | 13 |
| requirements of this subsection, despite good
faith efforts to | 14 |
| comply with the requirements. In no case shall a temporary
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| waiver be granted for an irrigation contractor for more than a | 16 |
| total of 6
months in a two-year period. In no case shall an | 17 |
| irrigation
contractor be relieved of the requirement that a | 18 |
| licensed plumber
shall inspect every sprinkler system | 19 |
| installed by an
irrigation contractor to ensure the provisions | 20 |
| of this Section have been met
and that the system works | 21 |
| mechanically and make the physical connection
between a | 22 |
| sprinkler system and the backflow prevention device.
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| (e) No person shall attach to a lawn sprinkler system any | 24 |
| fixture intended
to supply water for human consumption.
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| No person shall attach to a lawn sprinkler system any | 26 |
| fixture other
than the backflow prevention device, sprinkler |
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HB5468 |
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LRB096 19364 ASK 34755 b |
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| heads, valves, and other parts
integral to the operation of the | 2 |
| system, unless the fixture is clearly marked
as being for | 3 |
| non-potable uses only.
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| (f) A college, university, trade school, vocational | 5 |
| school, or association that has established a program providing | 6 |
| a course of instruction in lawn sprinkler design and | 7 |
| installation may submit a letter to the Department requesting | 8 |
| approval of its program or course of instruction.
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| The request for approval shall include information on the | 10 |
| curriculum offered by the program and the qualifications of the | 11 |
| organization. The course shall consist of a minimum of 2 days | 12 |
| of classroom education and an exam and shall include a | 13 |
| provision for continuing education. | 14 |
| The Department shall evaluate the curriculum and | 15 |
| organization before making a determination to approve or deny a | 16 |
| request for approval.
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| In addition to providing to the Department the names of | 18 |
| licensed plumbers who are employed by or contract with an | 19 |
| irrigation contractor, an irrigation contractor must also | 20 |
| provide to the Department the names of employees who have | 21 |
| successfully completed an approved course on the installation | 22 |
| of lawn sprinkler systems and proof that the course was | 23 |
| successfully completed and that continuing education is also | 24 |
| being completed.
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| (g) All automatically operated lawn sprinkler systems | 26 |
| shall have furnished and installed technology that inhibits or |
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HB5468 |
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LRB096 19364 ASK 34755 b |
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| interrupts operation of the landscape irrigation system during | 2 |
| periods of sufficient moisture or rainfall. The technology must | 3 |
| be adjustable either by the end user or the irrigation | 4 |
| contractor. | 5 |
| This subsection (g) does not apply to systems operating on | 6 |
| golf courses or agricultural lands. | 7 |
| The requirements of this subsection (g) apply to all | 8 |
| landscape irrigation systems installed after January 1, 2009.
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| (h) Notwithstanding any provision in this Act, any rule | 10 |
| adopted pursuant to this Act, or any ordinance or rule of any | 11 |
| unit of local government in the State, including any home rule | 12 |
| unit, a lawn sprinkler system that was installed 20 or more | 13 |
| years prior to the effective date of this amendatory Act of the | 14 |
| 96th General Assembly shall not be required to be retrofitted | 15 |
| with a reduced pressure zone (RPZ) valve until 5 years after | 16 |
| the effective date of this amendatory Act. The Department shall | 17 |
| provide an exemption for such a lawn sprinkler system from any | 18 |
| requirement to be retrofitted with a RPZ valve if the | 19 |
| Department finds that either the lawn sprinkler system cannot | 20 |
| be retrofitted with a RPZ valve or that the costs of doing so | 21 |
| would be unreasonably high. | 22 |
| (Source: P.A. 94-101, eff. 1-1-08; 95-421, eff. 1-1-09 .)
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| Section 99. Effective date. This Act takes effect upon | 24 |
| becoming law.
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