Full Text of HB5747 96th General Assembly
HB5747 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5747
Introduced 2/9/2010, by Rep. Patrick J. Verschoore SYNOPSIS AS INTRODUCED: |
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225 ILCS 320/3 |
from Ch. 111, par. 1103 |
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Amends the Illinois Plumbing License Law. Provides that nothing contained in P.A. 83-878, entitled "An Act in relation to
professions", approved September 26, 1983, applies to a rural water company as defined in the Property Tax Code. Effective immediately.
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A BILL FOR
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HB5747 |
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LRB096 17843 ASK 33211 b |
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| AN ACT concerning professional 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 3 as follows:
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| (225 ILCS 320/3) (from Ch. 111, par. 1103)
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| Sec. 3.
(1) All planning and designing of plumbing systems
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| and all plumbing shall be performed only by plumbers licensed | 9 |
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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
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| 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
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| 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.
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| (2) Nothing herein contained shall prohibit the owner |
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HB5747 |
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LRB096 17843 ASK 33211 b |
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| occupant or lessee
occupant of a single family residence, or | 2 |
| the owner of a single family
residence under construction for | 3 |
| his or her occupancy, from planning,
installing, altering or | 4 |
| repairing the plumbing system of such residence,
provided that | 5 |
| (i) such plumbing shall comply with the minimum standards for
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| plumbing contained in the Illinois State Plumbing Code, and | 7 |
| shall be
subject to inspection by the Department or the local | 8 |
| governmental unit if
it retains a licensed plumber as an | 9 |
| inspector; and (ii) such owner, owner
occupant or lessee | 10 |
| occupant shall not employ other than a plumber licensed
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| pursuant to this Act to assist him or her.
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| For purposes of this subsection, a person shall be | 13 |
| considered an "occupant"
if and only if he or she has taken | 14 |
| possession of and is living in the premises
as his or her bona | 15 |
| fide sole and exclusive residence, or, in the case of
an owner | 16 |
| of a single family residence under construction for his or her
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| occupancy, he or she expects to take possession of and live in | 18 |
| the premises
as his or her bona fide sole and exclusive | 19 |
| residence, and he or she has a
current intention to live in | 20 |
| such premises as his or her bona fide sole and
exclusive | 21 |
| residence for a period of not less than 6 months after the
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| completion of the plumbing work performed pursuant to the | 23 |
| authorization of
this subsection, or, in the case of an owner | 24 |
| of a single family residence
under construction for his or her | 25 |
| occupancy, for a period
of not less than 6 months after the | 26 |
| completion of construction of the
residence. Failure to possess |
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HB5747 |
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LRB096 17843 ASK 33211 b |
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| and live in the premises as a sole and
exclusive residence for | 2 |
| a period of 6 months or more shall create a
rebuttable | 3 |
| presumption of a lack of such intention.
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| (3) The employees of a firm, association, partnership or | 5 |
| corporation who
engage in plumbing shall be licensed plumbers | 6 |
| or licensed apprentice plumbers.
At least one member of every | 7 |
| firm, association or partnership engaged in
plumbing work, and | 8 |
| at least one corporate officer of every corporation
engaged in | 9 |
| plumbing work, as the case may be, shall be a licensed plumber.
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| A retired plumber cannot fulfill the requirements of this | 11 |
| subsection (3).
Plumbing contractors are also required to be | 12 |
| registered pursuant to the
provisions of this Act.
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| Notwithstanding the provisions of this subsection (3), it | 14 |
| shall be lawful
for
an irrigation
contractor registered under | 15 |
| Section 2.5 of this Act to employ or contract with
one or more | 16 |
| licensed plumbers in connection
with work on lawn sprinkler | 17 |
| systems pursuant to Section 2.5 of this Act.
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| (4) (a) A licensed apprentice plumber shall plan, design | 19 |
| and install
plumbing only under the supervision of the | 20 |
| sponsor or his or her agent who is
also an Illinois | 21 |
| licensed plumber.
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| (b) An applicant for licensing as an apprentice plumber | 23 |
| shall be at
least 16 years of age and apply on the | 24 |
| application form provided by the
Department. Such | 25 |
| application shall verify that the applicant is sponsored
by | 26 |
| an Illinois licensed plumber or an approved apprenticeship |
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LRB096 17843 ASK 33211 b |
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| program and
shall contain the name and license number of | 2 |
| the licensed plumber or program
sponsor.
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| (c) No licensed plumber shall sponsor more than 2 | 4 |
| licensed apprentice
plumbers at the same time. If 2 | 5 |
| licensed apprentice plumbers are sponsored
by a plumber at | 6 |
| the same time, one of the apprentices must have, at a
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| minimum, 2 years experience as a licensed apprentice. No | 8 |
| licensed plumber
sponsor or his or her agent may supervise | 9 |
| 2 licensed apprentices with less
than 2 years experience at | 10 |
| the same time. The sponsor or agent shall
supervise and be | 11 |
| responsible for the plumbing performed by a licensed
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| apprentice.
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| (d) No agent shall supervise more than 2 licensed | 14 |
| apprentices at the
same time.
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| (e) No licensed plumber may, in any capacity, supervise | 16 |
| more than 2
licensed apprentice plumbers at the same time.
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| (f) No approved apprenticeship program may sponsor | 18 |
| more licensed
apprentices than 2 times the number of | 19 |
| licensed plumbers available to
supervise those licensed | 20 |
| apprentices.
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| (g) No approved apprenticeship program may sponsor | 22 |
| more licensed
apprentices with less than 2 years experience | 23 |
| than it has licensed plumbers
available to supervise those | 24 |
| licensed apprentices.
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| (h) No individual shall work as an apprentice plumber | 26 |
| unless he or she
is properly licensed under this Act. The |
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LRB096 17843 ASK 33211 b |
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| Department shall issue an
apprentice plumber's license to | 2 |
| each approved applicant.
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| (i) No licensed apprentice plumber shall serve more | 4 |
| than a 6 year licensed
apprenticeship period. If, upon | 5 |
| completion of a 6 year licensed
apprenticeship period, such | 6 |
| licensed apprentice plumber does not apply for
the | 7 |
| examination for a plumber's license and successfully pass | 8 |
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examination for a plumber's license, his or her | 9 |
| apprentice plumber's
license shall not be renewed.
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| Nothing contained in P.A. 83-878, entitled "An Act in | 11 |
| relation to
professions", approved September 26, 1983, was | 12 |
| intended by the General
Assembly nor should it be construed to | 13 |
| require the employees of a
governmental unit or privately owned | 14 |
| municipal water supplier who operate,
maintain or repair a | 15 |
| water or sewer plant facility which is owned or
operated by | 16 |
| such governmental unit or privately owned municipal water
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| supplier to be licensed plumbers under this Act. In addition, | 18 |
| nothing
contained in P.A. 83-878 was intended by the General | 19 |
| Assembly nor should it
be construed to permit persons other | 20 |
| than licensed plumbers to perform the
installation, repair, | 21 |
| maintenance or replacement of plumbing fixtures, such
as toilet | 22 |
| facilities, floor drains, showers and lavatories, and the | 23 |
| piping
attendant to those fixtures, within such facility or in | 24 |
| the construction of
a new facility.
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| Nothing contained in P.A. 83-878, entitled "An Act in | 26 |
| relation to
professions", approved September 26, 1983, was |
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HB5747 |
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LRB096 17843 ASK 33211 b |
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| intended by the General
Assembly nor should it be construed to | 2 |
| require the employees of a
governmental unit or privately owned | 3 |
| municipal water supplier who install,
repair or maintain water | 4 |
| service lines from water mains in the street, alley
or curb | 5 |
| line to private property lines and who install, repair or | 6 |
| maintain
water meters to be licensed plumbers under this Act if | 7 |
| such work was
customarily performed prior to the effective date | 8 |
| of such Act by employees
of such governmental unit or privately | 9 |
| owned municipal water supplier who
were not licensed plumbers. | 10 |
| Any such work which was customarily performed
prior to the | 11 |
| effective date of such Act by persons who were licensed
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| plumbers or subcontracted to persons who were licensed plumbers | 13 |
| must
continue to be performed by persons who are licensed | 14 |
| plumbers or
subcontracted to persons who are licensed plumbers. | 15 |
| When necessary under
this Act, the Department shall make the | 16 |
| determination whether or not
persons who are licensed plumbers | 17 |
| customarily performed such work. | 18 |
| Nothing contained in P.A. 83-878, entitled "An Act in | 19 |
| relation to
professions", approved September 26, 1983, applies | 20 |
| to a rural water company as defined in the Property Tax Code.
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| (Source: P.A. 91-91, eff. 1-1-00; 91-678, eff. 1-26-00; 92-338, | 22 |
| eff. 8-10-01.)
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| Section 99. Effective date. This Act takes effect upon | 24 |
| becoming law.
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