(225 ILCS 320/0.01) (from Ch. 111, par. 1100.01)
Sec. 0.01.
This Act may be cited as the Illinois Plumbing License Law.
(Source: P.A. 87-885.)
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(225 ILCS 320/1) (from Ch. 111, par. 1101)
Sec. 1.
Purpose.
It has been established by scientific evidence that
improper
plumbing can result in the introduction of pathogenic organisms into the
potable water supply, result in the escape of toxic gases into the
environment, and result in potentially lethal disease and epidemic. It is
further found that minimum numbers of plumbing facilities and fixtures are
necessary for the comfort and convenience of workers and persons in public
places.
Consistent with its duty to safeguard the health of the people of this
State, the General Assembly therefore declares that the regulation of
plumbing and the plumbing trade is necessary for the protection of the
public health, convenience, and welfare. The General Assembly therefore
declares that individuals who plan, inspect, install, alter, extend, repair
and maintain plumbing systems shall be individuals of proven skill.
Further, the General Assembly declares that a guide for the minimum control
and number of plumbing materials and fixtures, the design of plumbing
systems, and the construction and installation methods of plumbing systems
is essential for the protection of public health and convenience. In order
to insure plumbing skill and to authoritatively establish what shall be
good plumbing practice, this Act provides for the licensing of plumbers and
registration of plumbing contractors and
for the promulgation of a Minimum Plumbing Code of standards by the
Department. This Act is therefore declared to be essential to the
public
interest.
(Source: P.A. 92-338, eff. 8-10-01.)
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(225 ILCS 320/2) (from Ch. 111, par. 1102)
Sec. 2. When used in this Act:
"Agent" means a person designated by a sponsor as responsible for
supervision of an apprentice plumber and who is also an Illinois
licensed plumber.
"Apprentice plumber" means any licensed person who is learning and
performing plumbing under the supervision of a sponsor or his agent in
accordance with the provisions of this Act.
"Approved apprenticeship program" means an apprenticeship program
approved by the U.S. Department of Labor's Bureau of Apprenticeship and
Training and the Department under rules.
"Board" means the Illinois State Board of Plumbing Examiners.
"Building drain" means that part of the lowest horizontal piping
of a drainage system that receives the discharge from soil, waste, and
other drainage pipes inside the walls of a building and conveys it to 5
feet beyond the foundation walls where it is connected to the building sewer.
"Building sewer" means that part of the horizontal piping of a drainage
system that extends from the end of the building drain, receives the discharge
of the building drain and conveys it to a public sewer or private sewage
disposal system.
"Department" means the Illinois Department of Public Health.
"Director" means the Director of the Illinois Department of Public Health.
"Governmental unit" means a city, village, incorporated town, county,
or sanitary or water district.
"Irrigation contractor" means a person who installs or supervises the
installation of lawn sprinkler systems subject to Section 2.5 of this Act,
other than a licensed plumber or a
licensed apprentice plumber.
"Irrigation employee" means a person who is employed by a registered irrigation contractor or a licensed plumber, and who designs, repairs, alters, maintains, or installs lawn sprinkler systems that are subject to Section 2.5 of this Law.
"Lawn sprinkler system" means any underground irrigation system of lawn,
shrubbery and other vegetation from any potable water sources; and from any
water sources, whether or not potable. "Lawn sprinkler system" includes
without limitation the water supply piping, valves, control systems, low voltage wiring, sprinkler heads or
other irrigation outlets, and moisture or rainfall sensing equipment, but does not include the backflow prevention
device. "Lawn sprinkler system" does not include an irrigation
system used primarily for agricultural purposes.
"Person" means any natural person, firm, corporation, partnership, or
association.
"Plumber" means any licensed person authorized to perform plumbing
as defined in this Act, but does not include retired plumbers as defined in
this Act.
"Plumbing" means the actual installation, repair, maintenance, alteration
or extension of a plumbing system by any person.
"Plumbing" includes all piping, fixtures, appurtenances and
appliances for a supply of water for all purposes, including without limitation
lawn sprinkler systems and backflow prevention devices connected to lawn
sprinkler systems, from the
source of a private water supply on the premises or from
the main in the street, alley or at the curb to, within and about any building
or buildings where a person or persons live, work or assemble.
"Plumbing" includes all piping, from discharge of pumping units to
and including pressure tanks in water supply systems.
"Plumbing" includes all piping, fixtures, appurtenances, and
appliances for
a building drain and a sanitary drainage and related ventilation system
of any building or buildings where a person or persons live, work or assemble
from the point of connection of such building drain to the building sewer
or private sewage disposal system 5 feet beyond the foundation walls.
"Plumbing" does not mean or include the trade of drain-laying, the
trade of drilling water wells which constitute the sources of private water
supplies, and of making connections between such wells and pumping units
in the water supply systems of buildings served by such private water
supplies, or the business of installing water softening equipment and of
maintaining and servicing the same, or the business of manufacturing or
selling plumbing fixtures, appliances, equipment or hardware, or to the
installation and servicing of electrical equipment sold by a not-for-profit
corporation providing electrification on a cooperative basis, that either
on or before January 1, 1971, is or has been financed in whole or in part
under the federal Rural Electrification Act of 1936 and the Acts
amendatory
thereof and supplementary thereto, to its members for use on farms owned
by individuals or operated by individuals, nor does it mean or include minor
repairs which do not require changes in the piping to or from plumbing fixtures
or involve the removal, replacement, installation or re-installation of
any pipe or plumbing fixtures. Plumbing does not include the installation,
repair, maintenance, alteration or extension of building sewers.
"Plumbing contractor" means any person who performs plumbing,
as defined in this Act, for another person. "Plumbing contractor"
shall not include licensed plumbers and licensed apprentice plumbers
who
either
are employed by persons engaged in the plumbing business or are
employed by another person for the performance of
plumbing
solely
for that other person, including, but not limited to, a
hospital, university, or business maintenance staff.
"Plumbing fixtures" means installed receptacles, devices or appliances
that are supplied with water or that receive or discharge liquids or liquid
borne wastes, with or without discharge into the drainage system with which
they may be directly or indirectly connected.
"Plumbing system" means the water service, water supply and distribution
pipes; plumbing fixtures and traps; soil, waste and vent pipes; building
drains; including their respective connections, devices and appurtenances.
"Plumbing system" does not include building sewers as defined in this
Act.
"Retired plumber" means any licensed plumber in good standing who meets the
requirements of this Act and the requirements prescribed by Department rule to
be licensed as a retired plumber and voluntarily surrenders his plumber's
license to the Department, in exchange for a retired plumber's license.
Retired
plumbers cannot perform plumbing as defined in this Act, cannot sponsor or
supervise apprentice plumbers, and cannot inspect plumbing under this Act. A
retired plumber cannot fulfill the requirements of subsection (3) of Section 3
of this Act.
"Supervision" with respect to first and second year licensed apprentice
plumbers means that such apprentices must perform all designing and
planning of plumbing systems and all plumbing as defined in this Act under
the direct personal supervision of the sponsor or his or her agent who must
also be an Illinois licensed plumber, except for maintenance and repair
work on existing plumbing systems done by second year apprentice plumbers;
provided that before performing any maintenance and repair work
without such supervision, such apprentice has received the minimum number of
hours of annual classroom instruction recommended by the United States
Department of Labor's Bureau of Apprenticeship and Training for apprentice
plumbers in a Bureau of Apprenticeship and Training approved plumber
apprenticeship program or its equivalent. "Supervision" with respect to
all other apprentice plumbers means that, except for maintenance and repair
work on existing plumbing systems, any plumbing done by such apprentices
must be inspected daily, after initial rough-in and after completion by the
sponsor or his or her agent who is also an Illinois licensed plumber. In
addition, all repair and maintenance work done by a licensed apprentice
plumber on an existing plumbing system must be approved by the sponsor or
his or her agent who is also an Illinois licensed plumber.
"Sponsor" is an Illinois licensed plumber or an approved apprenticeship
program that has accepted an individual as an Illinois licensed apprentice
plumber for education and training in the field of plumbing and whose name
and license number or apprenticeship program number shall appear on the
individual's application for an apprentice plumber's license.
"Sponsored" means that each Illinois licensed apprentice plumber
has been accepted by an Illinois licensed plumber or an approved
apprenticeship program for apprenticeship training.
"Telecommunications carrier" means a telecommunications carrier as defined
in the Public Utilities Act.
(Source: P.A. 94-101, eff. 1-1-08.)
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(225 ILCS 320/2.5)
(Section scheduled to be repealed on January 1, 2029)
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
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 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. 102-1137, eff. 1-1-24.)
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(225 ILCS 320/2.6)
Sec. 2.6.
Golf courses.
A golf course with a lawn sprinkler system
installed prior to the effective date of this amendatory Act of the 91st
General Assembly may extend, relocate, or modify up to 200 linear yards of an
existing lawn sprinkler system without being subject to the requirements of
Section 2.5 of this Act. However, if the extension, relocation, or
modification of an existing lawn sprinkler system involves a connection of the
system to a backflow prevention device, a licensed plumber shall make the
physical connection between the lawn sprinkler system and the backflow
prevention device.
(Source: P.A. 91-678, eff. 1-26-00.)
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(225 ILCS 320/3) (from Ch. 111, par. 1103)
Sec. 3.
(1) All planning and designing of plumbing systems
and all plumbing shall be performed only by plumbers licensed under the
provisions of this Act hereinafter called "licensed plumbers" and "licensed
apprentice plumbers". The inspection of plumbing and plumbing systems
shall be done only by the sponsor or his or her agent who shall be an Illinois
licensed plumber. Nothing herein contained shall prohibit licensed
plumbers or licensed apprentice plumbers under supervision from planning,
designing, inspecting, installing, repairing, maintaining, altering or
extending building sewers in accordance with this Act. No person who holds
a license or certificate of registration under the Illinois Architecture
Practice Act of 1989, or the Structural Engineering
Practice Act of 1989,
or the Professional Engineering Practice Act of 1989 shall be prevented
from planning and designing plumbing systems. Each licensed plumber shall, as a condition of each annual license renewal after the first license, provide proof of completion of 4 hours of continuing education. Sponsors of continuing education shall meet the criteria provided by the Board of Plumbing Examiners and Plumbing Code advisory council. Continuing education courses shall provide instruction in plumbing, which is supervised directly by an Illinois licensed plumber only.
(2) Nothing herein contained shall prohibit the owner occupant or lessee
occupant of a single family residence, or the owner of a single family
residence under construction for his or her occupancy, from planning,
installing, altering or repairing the plumbing system of such residence,
provided that (i) such plumbing shall comply with the minimum standards for
plumbing contained in the Illinois State Plumbing Code, and shall be
subject to inspection by the Department or the local governmental unit if
it retains a licensed plumber as an inspector; and (ii) such owner, owner
occupant or lessee occupant shall not employ other than a plumber licensed
pursuant to this Act to assist him or her.
For purposes of this subsection, a person shall be considered an "occupant"
if and only if he or she has taken possession of and is living in the premises
as his or her bona fide sole and exclusive residence, or, in the case of
an owner of a single family residence under construction for his or her
occupancy, he or she expects to take possession of and live in the premises
as his or her bona fide sole and exclusive residence, and he or she has a
current intention to live in such premises as his or her bona fide sole and
exclusive residence for a period of not less than 6 months after the
completion of the plumbing work performed pursuant to the authorization of
this subsection, or, in the case of an owner of a single family residence
under construction for his or her occupancy, for a period
of not less than 6 months after the completion of construction of the
residence. Failure to possess and live in the premises as a sole and
exclusive residence for a period of 6 months or more shall create a
rebuttable presumption of a lack of such intention.
(3) The employees of a firm, association, partnership or corporation who
engage in plumbing shall be licensed plumbers or licensed apprentice plumbers.
At least one member of every firm, association or partnership engaged in
plumbing work, and at least one corporate officer of every corporation
engaged in plumbing work, as the case may be, shall be a licensed plumber.
A retired plumber cannot fulfill the requirements of this subsection (3).
Plumbing contractors are also required to be registered pursuant to the
provisions of this Act.
Notwithstanding the provisions of this subsection (3), it shall be lawful
for
an irrigation
contractor registered under Section 2.5 of this Act to employ or contract with
one or more licensed plumbers in connection
with work on lawn sprinkler systems pursuant to Section 2.5 of this Act.
(4)(a) A licensed apprentice plumber shall plan, design and install
plumbing only under the supervision of the sponsor or his or her agent who is
also an Illinois licensed plumber.
(b) An applicant for licensing as an apprentice plumber shall be at
least 16 years of age and apply on the application form provided by the
Department. Such application shall verify that the applicant is sponsored
by an Illinois licensed plumber or an approved apprenticeship program and
shall contain the name and license number of the licensed plumber or program
sponsor.
(c) No licensed plumber shall sponsor more than 2 licensed apprentice
plumbers at the same time. If 2 licensed apprentice plumbers are sponsored
by a plumber at the same time, one of the apprentices must have, at a
minimum, 2 years experience as a licensed apprentice. No licensed plumber
sponsor or his or her agent may supervise 2 licensed apprentices with less
than 2 years experience at the same time. The sponsor or agent shall
supervise and be responsible for the plumbing performed by a licensed
apprentice.
(d) No agent shall supervise more than 2 licensed apprentices at the
same time.
(e) No licensed plumber may, in any capacity, supervise more than 2
licensed apprentice plumbers at the same time.
(f) No approved apprenticeship program may sponsor more licensed
apprentices than 2 times the number of licensed plumbers available to
supervise those licensed apprentices.
(g) No approved apprenticeship program may sponsor more licensed
apprentices with less than 2 years experience than it has licensed plumbers
available to supervise those licensed apprentices.
(h) No individual shall work as an apprentice plumber unless he or she
is properly licensed under this Act. The Department shall issue an
apprentice plumber's license to each approved applicant.
(i) No licensed apprentice plumber shall serve more than a 6 year licensed
apprenticeship period. If, upon completion of a 6 year licensed
apprenticeship period, such licensed apprentice plumber does not apply for
the examination for a plumber's license and successfully pass the
examination for a plumber's license, his or her apprentice plumber's
license shall not be renewed.
Nothing contained in Public Act 83-878 was intended by the General
Assembly nor should it be construed to require the employees of a
governmental unit or privately owned municipal water supplier who operate,
maintain or repair a water or sewer plant facility which is owned or
operated by such governmental unit or privately owned municipal water
supplier to be licensed plumbers under this Act. In addition, nothing
contained in Public Act 83-878 was intended by the General Assembly nor should it
be construed to permit persons other than licensed plumbers to perform the
installation, repair, maintenance or replacement of plumbing fixtures, such
as toilet facilities, floor drains, showers and lavatories, and the piping
attendant to those fixtures, within such facility or in the construction of
a new facility.
Nothing contained in Public Act 83-878 was intended by the General
Assembly nor should it be construed to require the employees of a
governmental unit or privately owned municipal water supplier who install,
repair or maintain water service lines from water mains in the street, alley
or curb line to private property lines and who install, repair or maintain
water meters to be licensed plumbers under this Act if such work was
customarily performed prior to the effective date of such Act by employees
of such governmental unit or privately owned municipal water supplier who
were not licensed plumbers. Any such work which was customarily performed
prior to the effective date of such Act by persons who were licensed
plumbers or subcontracted to persons who were licensed plumbers must
continue to be performed by persons who are licensed plumbers or
subcontracted to persons who are licensed plumbers. When necessary under
this Act, the Department shall make the determination whether or not
persons who are licensed plumbers customarily performed such work.
(Source: P.A. 99-504, eff. 1-1-17; 100-201, eff. 8-18-17.)
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(225 ILCS 320/4)
Sec. 4.
(Repealed).
(Source: P.A. 91-35, eff. 6-10-99. Repealed internally, eff. 12-3-99.)
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(225 ILCS 320/5) (from Ch. 111, par. 1104)
Sec. 5. Advertising.
(a) Persons who advertise plumbing services shall,
at their place
of business, display the licensed plumber's license of at least one
member of the firm, partnership or officer of the corporation and shall
maintain a register listing the names and license numbers of all licensed
plumbers and all licensed apprentice plumbers currently employed by them.
The number of the license so displayed shall also be included with the
plumbing identification on vehicles.
(b) No person who provides plumbing services may advertise those services
unless
that person includes in the advertisement the license number that is required
to be displayed under
subsection (a). Nothing contained in this subsection
requires the publisher of advertising for plumbing services to investigate or
verify the accuracy of the license number provided by the
advertiser.
(b.5) Any person who advertises plumbing services (i) who fails to display
the license number required by subsection (a) in all manners required by
that subsection, (ii) who fails to provide a publisher with the correct number
under subsection (b), or (iii) who provides a publisher with a false license
number or a
license number of a person other than the person designated under subsection
(a), or any person who allows his or her license number to be displayed or used
in
order to allow any other person
to circumvent any
provisions of this Section is guilty of a Class A misdemeanor with a fine of
$1,000, which shall be subject to the enforcement provisions of Section 29 of
this Act. Each day that a person fails to display the required license under
subsection (a) and each day that an advertisement runs or each day that a
person
allows his or her license to be displayed or used in violation of this Section
constitutes a separate offense.
In addition to, and not in lieu of, the
penalties and remedies provided for in this Section and Section 29 of this Act,
any person licensed under this Act who violates any provision of this Section
shall be subject to suspension or revocation of his or her license under
Section 19 of this Act.
(b.10) In addition to, and not in lieu of, the penalties and remedies
provided for in this Section and Sections 19, 20, and 29 of this Act, and
after notice and an opportunity for hearing as provided for in this
subsection and Section 19 of this Act, the Department may issue an Order Of
Correction to the telecommunications carrier furnishing service to any
telephone number contained in a printed advertisement for plumbing services
that is found to be in violation of the provisions
of this subsection. The Order of Correction shall be limited to the
telephone number contained in the unlawful advertisement. The Order of
Correction shall notify the telecommunications carrier to disconnect the
telephone service furnished to any telephone number contained in the
unlawful advertisement and that subsequent calls to that number shall not
be referred by the telecommunications carrier to any new telephone number
obtained by or any existing number registered to the person.
If, upon investigation, the Department has probable cause to believe
that a person has placed an advertisement with a telecommunications carrier
that: (i) contains a false license number, (ii) contains a license number
of a person other than the person designated under subsection (a), or (iii)
is placed or circulated by a person who is not properly licensed under this
Act, the Department shall provide notice to the person of the Department's
intent to issue an Order of Correction to the telecommunications carrier to
disconnect the telephone service furnished to any telephone number
contained in the unlawful advertisement, and that subsequent calls to that
number shall not be referred by the telecommunications carrier to any new
telephone number obtained by or any existing number registered to the
person.
Notice shall be provided by certified mail or by personal service
setting forth the particular reasons for the proposed action and fixing a
date, not less than 20 days from the date of the mailing or service, within
which time the person must request a hearing in writing. Failure to serve
upon the Department a written request for hearing within the time provided
in the notice shall constitute a waiver of the person's right to an
administrative hearing. The hearing, findings, and conclusions shall be in
accordance with the provisions contained in Section 19 of this Act and the
Department's Rules of Practice and Procedure in Administrative Hearings (77
Ill. Adm. Code 100), which are incorporated by reference herein.
Upon a finding that the person has violated the provisions of this
subsection, the Department shall issue the Order of Correction to the
telecommunications carrier. If the telecommunications carrier fails to
comply with the Order of Correction within 20 days after the order is
final, the Department shall inform the Illinois Commerce Commission of the
failure to comply and the Illinois Commerce Commission shall require the
telecommunications carrier furnishing services to that person to disconnect
the telephone service furnished to the telephone number contained in the
unlawful advertisement and direct that subsequent calls to that number
shall not be referred by the telecommunications carrier to any new
telephone number obtained by or any existing number registered to the
person.
A person may have his or her telephone services restored, after an
Order of Correction has been issued, upon a showing, to the satisfaction of
the Department, that he or she is in compliance with the provisions of this
Act.
(c) The Department may require by rule and regulation additional
information concerning licensed plumbers and licensed apprentice plumbers
maintained in the register. The Department shall have the right to examine
the payroll records of such persons to determine compliance with this
provision. The Department's right to examine payroll records is limited
solely to those records and does not extend to any other business records.
(Source: P.A. 103-154, eff. 6-30-23.)
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(225 ILCS 320/6) (from Ch. 111, par. 1105)
Sec. 6.
No municipal corporation or political subdivision shall engage in
plumbing unless such plumbing is performed by one or more licensed
plumbers, or licensed apprentice plumbers under supervision
in accordance with this Act, provided that any such governmental unit
may contract for
plumbing with any person authorized to engage in plumbing in this State.
(Source: P.A. 83-878.)
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(225 ILCS 320/7) (from Ch. 111, par. 1106)
Sec. 7.
(1) There is created an Illinois State Board of Plumbing
Examiners which shall exercise its duties provided in this Act under the
supervision of the Department. The Board shall consist of 9 licensed plumbers
designated from time to time by the Director. In making the appointments to
the Board, the Director shall consider the recommendations of
individuals, firms or organizations involved in plumbing in this State.
(2) The Board shall aid the Director and the Department by:
(a) Preparing subject matter for examinations as provided in this Act.
(b) Suggesting rules to govern examinations and hearings for suspension,
revocation or reinstatement of licenses.
(c) Submitting recommendations to the Director from time to time for the
efficient administration of this Act.
(d) Grading all tests and examinations for licenses and promptly
reporting the results to the Director.
(e) Performing such other duties from time to time prescribed by the
Director.
(3) Each Board member shall be compensated the sum of $50 for each day
or part thereof on which he serves on business of the Board and in addition
thereto shall be reimbursed for per diem expenses as authorized for State employees.
(Source: P.A. 85-981.)
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(225 ILCS 320/8) (from Ch. 111, par. 1107)
Sec. 8. The Director shall:
(1) Prepare forms for application for examination for | ||
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(2) Prepare and issue licenses as provided in this | ||
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(3) With the aid of the Board prescribe rules and | ||
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(4) With the aid of the Board prepare and give | ||
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(5) Issue a plumber's license and license renewal to | ||
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(6) Prescribe rules for hearings to deny, suspend, | ||
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(7) Maintain a current record showing (a) the names | ||
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(8) Prescribe, in consultation with the Board, | ||
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Each instructor participating in a program of | ||
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(a) an Illinois licensed plumber; (b) an individual who possesses a provisional | ||
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(c) a representative of an industry or a | ||
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The instructor shall provide verification of the | ||
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(Source: P.A. 99-504, eff. 1-1-17.)
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(225 ILCS 320/9) (from Ch. 111, par. 1108)
Sec. 9.
The Department shall hold examinations for applicants for plumbers'
licenses at least once every three months in some place in this State.
(Source: P.A. 83-878.)
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(225 ILCS 320/10) (from Ch. 111, par. 1109)
Sec. 10.
(1) An applicant for a plumber's license shall file a written
application in the office of the Department on the form designated by the
Department at least 30 days before the date set by the Department for the
examination.
(2) The Director shall promptly approve the application for examination if:
(a) the required application fee has been paid, and
(b) (blank), and
(c) the applicant has submitted evidence that he or | ||
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(d) the applicant has been employed as an Illinois | ||
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(e) the applicant has submitted evidence that he or | ||
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(3) If the application for examination is approved, the Department shall
promptly notify the applicant in writing of such approval and of the place
and time of the examination. If the application is disapproved, the Department
shall promptly notify the applicant in writing of such disapproval, stating
the reasons for disapproval.
(4) If an applicant neglects, fails or refuses to take an examination
for license under this Act, the application is denied. However, such
applicant may submit a new application for examination, accompanied by the
required application fee. Application fees for examination for a plumber's
license are not refundable.
(Source: P.A. 101-541, eff. 8-23-19.)
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(225 ILCS 320/11) (from Ch. 111, par. 1110)
Sec. 11.
The Director shall issue a plumber's license to each applicant
who successfully passes the examination and has paid to the Department the
required license fee. Each plumber's license shall be issued in the name
of the Department with the seal thereof attached. Each plumber's license shall be composed of a solid plastic card that includes a photo of the licensed plumber printed directly on the card.
A person once licensed as a plumber under the provisions of this Act shall not
be relicensed except by renewal or restoration of such license as provided in this Act.
An applicant who is 21 years of age or older seeking a religious exemption to the photo requirement of this Section shall furnish with his or her application an approved copy of United States Department of the Treasury Internal Revenue Service Form 4029. Regardless of age, an applicant seeking a religious exemption to this photo requirement shall submit fingerprints in a form and manner prescribed by the Department with his or her application in lieu of a photo. (Source: P.A. 97-1137, eff. 6-1-13; 98-848, eff. 1-1-15.)
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(225 ILCS 320/13) (from Ch. 111, par. 1112)
Sec. 13.
An applicant who fails to pass the examination for a plumber's
license
may submit a request for re-examination on forms provided by the Department, at least
30 days prior to the date for re-examination, accompanied by the re-examination fee.
(Source: P.A. 79-1000.)
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(225 ILCS 320/13.1) Sec. 13.1. Plumbing contractors; registration; applications. (1) On and after May 1, 2002, all persons or corporations desiring to engage in the business of plumbing contractor, other than any entity that maintains an audited net worth of shareholders' equity equal to or exceeding $100,000,000, shall register in accordance with the provisions of this Act. (2) Application for registration shall be filed with the Department each year, on or before the last day of September, in writing and on forms prepared and furnished by the Department. All plumbing contractor registrations expire on the last day of September of each year. (3) Applications shall contain the name, address, and telephone number of the person and the plumbing license of (i) the individual, if a sole proprietorship; (ii) the partner, if a partnership; or (iii) an officer, if a corporation. The application shall contain the business name, address, and telephone number, a current copy of the plumbing license, and any other information the Department may require by rule. (4) Applicants shall submit an original certificate of insurance documenting that the contractor carries general liability insurance with a minimum of $100,000 per occurrence, a minimum of $300,000 aggregate for bodily injury, property damage insurance with a minimum of $50,000 or a minimum of $300,000 combined single limit, and workers compensation insurance with a minimum $500,000 employer's liability. No registration may be issued in the absence of this certificate. Certificates must be in force at all times for registration to remain valid. (5) Applicants shall submit, on a form provided by the Department, an indemnification bond in the amount of $20,000 or a letter of credit in the same amount for work performed in accordance with this Act and the rules promulgated under this Act. (5.5) The Department, upon notification by the Illinois Workers' Compensation Commission or the Department of Insurance, shall refuse the issuance or renewal of a license to, or suspend or revoke the license of, any individual, corporation, partnership, or other business entity that has been found by the Illinois Workers' Compensation Commission or the Department of Insurance to have failed: (a) to secure workers' compensation obligations in | ||
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(b) to pay in full a fine or penalty imposed by the | ||
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(c) to fulfill all obligations assumed pursuant to | ||
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A complaint filed with the Department by the Illinois Workers' Compensation Commission or the Department of Insurance that includes a certification, signed by its Director or Chairman or designee, attesting to a finding of the failure to secure workers' compensation obligations in the manner required by subsections (a) and (b) of Section 4 of the Workers' Compensation Act or the failure to pay any fines or penalties or to discharge any obligation under a settlement relating to the failure to secure workers' compensation obligations in the manner required by subsections (a) and (b) of Section 4 of the Workers' Compensation Act is prima facie evidence of the licensee's or applicant's failure to comply with subsections (a) and (b) of Section 4 of the Workers' Compensation Act. Upon receipt of that certification, the Department shall, without a hearing, immediately suspend all licenses held by the licensee or the processing of any application from the applicant. Enforcement of the Department's order shall be stayed for 60 days. The Department shall provide notice of the suspension to the licensee by mailing a copy of the Department's order to the licensee's or applicant's address of record or emailing a copy of the order to the licensee's or applicant's email address of record. The notice shall advise the licensee or applicant that the suspension shall be effective 60 days after the issuance of the order unless the Department receives, from the licensee or applicant, a request for a hearing before the Department to dispute the matters contained in the order. Upon receiving notice from the Illinois Workers' Compensation Commission or the Department of Insurance that the violation has been corrected or otherwise resolved, the Department shall vacate the order suspending a licensee's license or the processing of an applicant's application. No license shall be suspended or revoked until after the licensee is afforded any due process protection guaranteed by statute or rule adopted by the Illinois Workers' Compensation Commission or the Department of Insurance. (6) All employees of a registered plumbing contractor who engage in plumbing work shall be licensed plumbers or apprentice plumbers in accordance with this Act. (7) Plumbing contractors shall submit an annual registration fee in an amount to be established by rule. (8) The Department shall be notified in advance of any changes in the business structure, name, or location or of the addition or deletion of the owner or officer who is the licensed plumber listed on the application. Failure to notify the Department of this information is grounds for suspension or revocation of the plumbing contractor's registration. (9) In the event that the plumber's license on the application for registration of a plumbing contractor is a license issued by the City of Chicago, it shall be the responsibility of the applicant to forward a copy of the plumber's license to the Department, noting the name of the registered plumbing contractor, when it is renewed. In the event that the plumbing contractor's registration is suspended or revoked, the Department shall notify the City of Chicago and any corresponding plumbing contractor's license issued by the City of Chicago shall be suspended or revoked. (Source: P.A. 103-26, eff. 1-1-24; 103-605, eff. 7-1-24.) |
(225 ILCS 320/14) (from Ch. 111, par. 1113)
Sec. 14.
License renewal; continuing education.
All plumber's licenses
and apprentice plumber's licenses
issued
under this Act shall expire on April 30 next
following date of issuance.
The term for retired plumber's licenses shall be prescribed by Department
rule
after consultation with the Board of Plumbing Examiners.
An apprentice plumber's license shall also expire the date that the licensed
plumber sponsor of such licensed apprentice plumber
severs his or her sponsor status with the licensed apprentice
plumber. The licensed plumber sponsor shall immediately
notify the Department of the severance of his or her relationship with the
licensed apprentice plumber. Such apprentice plumber
may, on forms provided by the Department, apply for reinstatement of his or
her
apprentice license by submitting to the Department a new
application and new apprentice plumber's license fee. The application shall
verify that the applicant for
reinstatement of his or her apprentice plumber's license is sponsored
by an Illinois licensed plumber. If the applicant is employed by a firm,
the application
shall contain the name and license number of an Illinois licensed plumber
employee of the firm or name and license number of an Illinois licensed
plumber member of the firm, or name and Illinois plumber's license number
of an officer of a corporation who is the sponsor. Licensed apprentice
plumbers shall not accumulate more than 6 years as a licensed apprentice
plumber.
Upon the recommendation of the Board, the Department may require by rule
that each licensed plumber annually complete a minimum number of hours of
classroom
instruction and provide evidence of attending the classes before
receiving a renewal plumber license. A continuing education requirement
established by the Department for all licensed plumbers shall not exceed 15
hours per year. In addition, the Department shall by rule establish guidelines
for additional continuing education to be required for licensed plumbers found
to have committed repeated Plumbing Code violations. In support of these
requirements, the Department shall by rule establish curricula for continuing
education and requirements for instructors and may certify instructors and
training
programs and schools for continuing education.
A plumber's license and an apprentice plumber's license may be renewed for a
period
of one year from each succeeding May 1st upon payment prior to May 1st of
the required renewal fee
and submission of required evidence of successful completion of any required
continuing education courses. Application for renewal shall be on forms
provided by
the Department.
An application
for renewal of licenses received by the Department after May 1st shall include
the annual renewal fees plus reinstatement
fees, provided that the apprentice plumber's application is received
by November 1 of the same year.
A plumber licensed pursuant to this Act whose license has been expired
for a period of less than 5 years may apply to the Department for reinstatement
of his or her
plumber's license. The Department shall issue such license renewal provided
the applicant
pays to the Department all lapsed renewal fees, plus the reinstatement fee.
A plumber licensed pursuant to this
Act who has permitted
his or her license to expire for more than 5 years may apply, in writing,
to the
Department for
restoration of his or her license. The Department shall restore his or
her
license provided
he or she
pays to the Department the required restoration fee and shall successfully pass
the
examination for an Illinois plumber's license. The restoration fee includes
the
applicant's examination fee. Failure by the applicant to successfully pass the
plumber's license examination shall be sufficient grounds for the Department to
withhold issuance of the requested restoration of the applicant's plumber's
license. The
applicant may retake the examination in accordance with the provisions of this
Act.
A retired plumber licensed under this Act who has
surrendered his or her plumber's license for a period of less than 5 years may
apply to
the Department for
reinstatement of his or her plumber's license. The Department shall renew the
license provided the applicant pays to the Department any reinstatement fee
required by Department rule. A retired plumber licensed under this Act who has
surrendered his or her plumber's license for a period of more than 5 years may
apply
in writing to the Department for restoration of his or her license. The
Department shall restore his or her license provided he or she pays to the
Department the restoration fee required by Department rule and successfully
passes the examination for an Illinois plumber's license. The restoration fee
includes the applicant's examination fee. Failure by the applicant to
successfully pass the plumber's license examination shall be sufficient grounds
for the Department to withhold issuance of the requested restoration of the
applicant's plumber's license. The applicant may retake the examination in
accordance with the provisions of this Act.
(Source: P.A. 89-665, eff. 8-14-96; 90-714, eff. 8-7-98.)
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(225 ILCS 320/15) (from Ch. 111, par. 1114)
Sec. 15.
The Department shall reinstate a license which expires while a licensee
is in the active Military Service of the United States upon application
to the Department by
the former licensee within 2 years after termination of such military
service, payment of the annual license fee and submission of evidence of
such military service. Such license shall be reinstated without examination
and without payment of the lapsed renewal fee.
(Source: P.A. 79-1000.)
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(225 ILCS 320/16) (from Ch. 111, par. 1115)
Sec. 16.
(1) Any city, village or incorporated town, having a population of
500,000 or more may, by an ordinance containing provisions substantially
the same as those in this Act and specifying educational or experience
requirements equivalent to those prescribed in this Act, provide for a
board of plumbing examiners to conduct examinations for, and to issue,
suspend, or revoke, plumbers' licenses, within such city, village or
incorporated town. Upon the enactment of such ordinance the provisions of
this act shall not apply within any such municipality except as otherwise
provided herein.
(2) Any person licensed as a plumber pursuant to such ordinance, or
licensed by the Department under this Act, may engage in plumbing anywhere
in this State.
(3) Any board of plumbing examiners created pursuant to this Section
shall maintain a current record similar to that required of the Director by
Section 8 of this Act, and shall provide the Department with a copy
thereof. The Department shall be advised of changes in such record at least
every six months.
(4) In the event that the plumbing contractor's license is suspended or revoked by any city, village, or incorporated town, having a population of 500,000 or more, the city, village, or incorporated town shall notify the Department. (5) Any city, village, or incorporated town having a population of
500,000 or more that licenses an individual as a plumber shall provide a license composed of a solid plastic card that includes a photo of the licensed plumber printed directly on the card. An applicant who is 21 years of age or older seeking a religious exemption to the photo requirement of this subsection shall furnish with his or her application an approved copy of United States Department of the Treasury Internal Revenue Service Form 4029. Regardless of age, an applicant seeking a religious exemption to this photo requirement shall submit fingerprints in a form and manner prescribed by the city, village, or incorporated town with his or her application in lieu of a photo. (Source: P.A. 97-365, eff. 1-1-12; 97-1137, eff. 6-1-13; 98-848, eff. 1-1-15.)
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(225 ILCS 320/16.1)
Sec. 16.1.
Local ordinances; irrigation contractors.
(1) Any city, village, or incorporated town having a population
of 500,000 or more may, by an ordinance containing provisions substantially the
same as those in this Act with respect to the registration of
irrigation contractors, provide for the registration of irrigation contractors
within such city, village, or incorporated town. Upon the enactment of the
ordinance, the provisions of this Act relating to irrigation contractors shall
not apply within any such
municipality except as otherwise provided herein.
(2) Any person registered as an irrigation contractor pursuant to such
ordinance, or registered by the Department under this Act, may install or
supervise the installation of lawn sprinkler systems anywhere in this State.
(3) Any municipality enacting an ordinance pursuant to this Section shall
maintain a current record similar to that required of the Department by Section
2.5 of this Act, and shall provide the Department with a copy thereof. The
Department shall be advised of changes in such record at least every 6
months.
(Source: P.A. 91-678, eff. 1-26-00.)
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(225 ILCS 320/17) (from Ch. 111, par. 1116)
Sec. 17.
(a)
Upon the payment of the required fee, an applicant who is a plumber,
registered or licensed in another state, or municipality, may, without examination,
be granted a license as a licensed plumber by the Department provided:
(1) that the applicant is at least twenty-one years | ||
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(2) that the Board finds that the requirements for | ||
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(b) A plumber licensed or registered as a plumber by another state or municipality,
whose license requirements are substantially equal
to the requirements for an Illinois Plumber's license, and such governmental unit,
does not have a reciprocal agreement with the State of Illinois, may apply for and be
issued an Illinois Plumber's license provided that the applicant successfully passes the
Illinois plumber's examination and pays the required fees.
(Source: P.A. 101-541, eff. 8-23-19.)
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(225 ILCS 320/18) (from Ch. 111, par. 1117)
Sec. 18. Local regulation; Department standards.
(1) It is hereby declared to be the policy of this State that each
city, town, village, township or county with a
water supply system or sewage disposal system or both should so soon after
the enactment of this Act as practicable, with the advice of the State
Department
of Public Health, provide by ordinance, bylaws or rules and regulations for
the
materials, construction, alteration, and inspection of all plumbing placed
in or in connection with any building in any such city, town, village,
township,
or county and to provide
for and appoint a competent Plumbing Inspector or more as required.
The Department may by rule establish voluntary standards for the content and
conduct of local plumbing regulation and inspection programs and may evaluate
and certify local programs that are in compliance with the voluntary standards.
The
Department may by rule establish voluntary education, training, and
experience standards for Plumbing Inspectors and may certify Plumbing
Inspectors who are in compliance with the voluntary standards.
Nothing
contained in this Act shall prohibit any city, town, village, township or
county from providing for a Plumbing Inspector or from requiring permits
for the installation and repair of plumbing and
collecting a fee therefor, but a city, town, village, township, or county that requires a permit for installation and repair of plumbing may not issue that permit without verification that the applicant has a valid plumbing license or that the applicant is the owner occupant of a single family residence that is the subject of the permit. For the purpose of this Section, the term "occupant" has the same meaning as in subsection (2) of Section 3 of this Act. No person shall be appointed as a Plumbing
Inspector
who is not a licensed plumber under this Act, including persons employed
as Plumbing Inspectors in home rule units.
(2) The Department of Public Health shall conduct inquiry in any city,
town, village, township, or county or at any other place in the State when
reasonably necessary in the judgment of the Director of the Department of
Public Health to safeguard the health of any person or persons in this
State, on
account of piping or appurtenant appliances within any building, or outside,
when such piping and appliances are for the use of plumbing as defined in
this Act and for the use of carrying sewage or waste within or from any
building.
The Department of Public Health may conduct such inquiries in any city,
town, village, township or county in this State by directing the Plumbing
Inspector thereof to aid in or conduct such inquiry or investigation in
behalf of the Department of Public Health or the Department of Public Health
may designate some other person or persons to conduct such investigation.
(Source: P.A. 94-132, eff. 7-7-05.)
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(225 ILCS 320/19) (from Ch. 111, par. 1118)
Sec. 19.
The Director, after notice and opportunity for hearing to the
applicant, license holder, or registrant, may deny, suspend, or
revoke a
license or registration in any case in which he or she finds that there has
been a
substantial failure to comply with the provisions of this Act or the
standards, rules, and regulations established under this Act.
Notice shall be provided by certified mail or by personal service
setting forth the particular reasons for the proposed action and fixing a
date, not less than 20 days from the date of the mailing or service, within
which time the applicant or license holder must request in
writing a hearing. Failure to serve upon the Department a request for
hearing in writing within the time provided in the notice shall constitute
a waiver of the person's right to an administrative hearing.
The hearing shall be conducted by the Director or by an individual
designated in writing by the Director as a hearing officer to conduct the
hearing. The Director or hearing officer shall give written notice of the
time and place of the hearing, by certified mail or personal service, to
the applicant, license holder, or registrant at least 10 days prior
to the hearing. On
the basis of the hearing, or upon default of the applicant, license
holder, or registrant, the Director shall make a determination specifying
his or her
findings and conclusions. A copy of the determination shall be sent by
certified mail or served personally upon the applicant, license
holder, or registrant.
The decision of the Director shall be final on issues of fact and final in
all respects unless judicial review is sought as provided in this Act.
The procedure governing hearings authorized by this Section shall be in
accordance with rules promulgated by the Department. A full and complete
record shall be kept of all proceedings, including the notice of hearing,
complaint, and all other documents in the nature of pleadings, written
motions filed in the proceedings, and the report and orders of the Director
and hearing officer.
The Department at its expense shall provide a court reporter to take
testimony. Technical error in the proceedings before the Department or
hearing officer or their failure to observe the technical rules of evidence
shall not be grounds for the reversal of any administrative decision unless
it appears to the Court that such error or failure materially affects the
rights of any party and results in substantial injustice to them.
The Department or hearing officer, or any parties in an investigation
or hearing before the Department, may cause the depositions of witnesses
within the State to be taken in the manner prescribed by law for
depositions in civil actions in courts of this State, and
compel the attendance of witnesses and the production of books, papers,
records, or memoranda.
The Department shall not be required to certify any record to the
Court or file any answer in Court or otherwise appear in any Court in a
judicial review proceeding, unless there is filed in the Court with the
complaint a receipt from the Department acknowledging payment of the costs
of furnishing and certifying the record. Such cost shall be paid by the
party requesting a copy of the record. Failure on the part of the person
requesting a copy of the record to pay the cost shall be grounds for dismissal
of the action.
(Source: P.A. 91-678, eff. 1-26-00.)
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(225 ILCS 320/20) (from Ch. 111, par. 1119)
Sec. 20.
Grounds for discipline.
(1) The Director may deny, revoke or
suspend a license or registration
when findings show one or more of the following:
(a) That the licensee or registrant obtained or | ||
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(b) That the licensee or registrant willfully | ||
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(c) That the licensee or registrant has been guilty | ||
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(d) That the licensee or registrant has loaned or in | ||
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(e) That the sponsor or his or her agent has failed | ||
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(f) That the owner or officer of a registered | ||
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(g) That the registered plumbing contractor used a | ||
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(2) If a license is suspended or revoked, the license shall be
surrendered to the Department but, if suspended, it shall be returned to
the licensee upon the termination of the suspension period.
The Department may refuse to issue or may suspend the license
of any person who fails to file a return, or to pay the tax, penalty or
interest shown in a filed return, or to pay any final assessment of tax,
penalty or interest, as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the requirements of any
such tax Act are satisfied.
(Source: P.A. 92-338, eff. 8-10-01.)
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(225 ILCS 320/22) (from Ch. 111, par. 1121)
Sec. 22.
The Director or hearing officer shall have power to
subpoena to any hearing authorized by this Act any person in this State to
give testimony and evidence either orally or by deposition or both. The
Director or hearing officer may also issue subpoena duces tecum
for production of any books and records and other documents for evidence at
any authorized hearing under this Act. Witnesses subpoenaed as provided
herein shall be paid the same witness fees and mileage as provided for
witnesses who are subpoenaed to give testimony in any civil case in a court
of this State. The Director or hearing officer is hereby empowered
to administer oaths or affirmations to witnesses at any hearing authorized
by this Act.
(Source: P.A. 87-885.)
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(225 ILCS 320/23) (from Ch. 111, par. 1122)
Sec. 23.
Any circuit court upon the application of the
Director or any party of record to a hearing authorized by this Act may
order the attendance of any witness and the production of any books, papers
or documents in this State at any hearing authorized by this Act for the
purpose of giving testimony or evidence. Any court thereof as
provided in this section may compel obedience to such order for appearance
or production of records by proceedings for contempt.
(Source: P.A. 83-334.)
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(225 ILCS 320/25) (from Ch. 111, par. 1124)
Sec. 25.
Order or certified copy; prima facie proof.
An order of
suspension, revocation, or reinstatement of a license, or of dismissal of a
complaint or petition, or a certified copy of such an order, over the seal
of the Department and purporting to be signed by the Director, shall be
prima facie proof that:
(a) the signature is the genuine signature of the | ||
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(b) the Director is duly appointed and qualified.
(Source: P.A. 91-357, eff. 7-29-99.)
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(225 ILCS 320/26) (from Ch. 111, par. 1125)
Sec. 26.
All final administrative decisions of the Director hereunder shall
be subject to judicial review pursuant to the provisions of the Administrative
Review Law, and all amendments and modifications thereof, and the rules
adopted pursuant thereto. The term "administrative decision" is defined
as in Section 3-101 of the Code of Civil Procedure.
(Source: P.A. 82-783.)
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(225 ILCS 320/28) (from Ch. 111, par. 1127)
Sec. 28.
Administrative Procedure Act.
The provisions of the Illinois
Administrative Procedure Act are hereby expressly adopted and shall apply to
all administrative rules and procedures of the Department of Public Health
under this Act, except that Section 5-35 of the Illinois Administrative
Procedure Act relating to procedures for rule-making does not apply to the
adoption of any rule required by federal law in connection with which the
Department is precluded by law from exercising any discretion.
(Source: P.A. 88-45.)
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(225 ILCS 320/29) (from Ch. 111, par. 1128)
Sec. 29.
(1) Except as otherwise provided in subsection (b.5) of Section 5
of this Act, any person violating any provision of this Act or of a
rule or regulation or a plumbing code promulgated thereunder including
the minimum code of plumbing standards promulgated hereunder shall be
guilty of a Class B misdemeanor and a fine of $500 for
the first
offense; and a second or subsequent violation of this Act shall be
guilty of a Class A misdemeanor with a fine of $1,000.
Each day of
violation constitutes a separate offense. The State's Attorney of the
County in which the violation occurred or the Attorney General shall
bring such actions in the name of the People of the State of Illinois.
The court may enjoin the use of plumbing installed in violation of this
Act or of a rule or regulation promulgated thereunder until it has been
corrected to comply with the minimum standards for plumbing promulgated
under Section 35 of this Act.
(2) If it is established that the defendant contrary to this Act has
been or is engaging in or about to engage in plumbing without having
been issued a license or has been or is engaged in or is about to engage in
plumbing
after his or her license has been suspended or revoked or after his license has
not been renewed, the Court may enter a judgment
perpetually enjoining the defendant from further engaging in plumbing
contrary to this Act. In case of violation of any injunction entered
under this Section, the Court may summarily try
and punish the offender for contempt of Court. Such injunction
proceedings shall be in addition to, and not in lieu of, all penalties
and other remedies in this Act provided.
(Source: P.A. 88-501.)
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(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 | ||
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(B) Where violations of the Illinois Plumbing | ||
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(2) For a second offense: (A) Where no violations of the Illinois Plumbing | ||
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(B) Where violations of the Illinois Plumbing | ||
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(3) For a third or subsequent offense, the person | ||
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(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;
(B) shall be required to pay for a licensed | ||
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(C) shall have his, her, or its plumbing license | ||
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(D) may be referred to the State's Attorney or | ||
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(2) For a second offense, the registrant:
(A) shall pay a civil penalty of $10,000; (B) shall be required to pay for a licensed | ||
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(C) shall have his, her, or its registration | ||
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(D) shall be referred to the State's Attorney or | ||
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(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 | ||
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(3) shall have his, her, or its plumbing license | ||
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(4) may be referred to the State's Attorney or the | ||
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(Source: P.A. 102-1137, eff. 1-1-24.)
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(225 ILCS 320/30) (from Ch. 111, par. 1129)
Sec. 30.
(1) The Department shall, by rule, establish a schedule of
fees for examination, registration, and licensure sufficient to offset a
portion of the
costs of administration and enforcement of this Act.
(2) The Department may, by rule, establish a schedule of fees for the
publication and mailing of the Illinois State Plumbing Code.
(Source: P.A. 91-678, eff. 1-26-00.)
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(225 ILCS 320/31)
Sec. 31.
Retired plumber's license.
The Department may establish by rule
a retired plumber's license for any licensed plumber who is at least 62 years
old, is physically unable to perform the responsibilities of a plumber, or any
other licensed plumber as prescribed by Department rule. These rules shall
only be proposed after consultation with the State Board of Plumbing Examiners.
A licensed plumber shall only be issued a retired plumber's license after
surrender of his or her plumber's license and payment of any applicable license
fee as established by Department rule.
A retired plumber cannot perform plumbing as defined in this Act, cannot
sponsor or supervise apprentice plumbers, and cannot inspect plumbing under
this Act. A retired plumber cannot fulfill the requirements of subsection (3)
of Section 3 of this Act.
(Source: P.A. 89-665, eff. 8-14-96.)
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(225 ILCS 320/32) (from Ch. 111, par. 1130)
Sec. 32.
The judicial determination that any section, paragraph, provision
or part of this Act is unconstitutional, shall not in any way affect the
constitutionality of any other provision, paragraph, section or part
hereof.
(Source: Laws 1953, p. 1293.)
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(225 ILCS 320/35) (from Ch. 111, par. 1133)
Sec. 35.
The Department shall promulgate and publish and may from time
to time amend a minimum code of standards for plumbing and the fixtures,
materials, design and installation methods of plumbing systems based upon
the findings of the sciences of pneumatics and hydraulics, after consideration
of the recommendations of the Plumbing Code Advisory Council.
By January 1, 2013, the Plumbing Code Advisory Council shall recommend amendments to the existing minimum code of standards for plumbing and the fixtures, materials, design, and installation methods of plumbing systems to reflect advances in those technologies and methods that more efficiently utilize natural resources and protect public health. Upon consideration of those recommendations, the Department shall submit the amendments to the existing minimum code of standards to the Joint Committee on Administrative Rules by May 31, 2013. The Department may promulgate and publish rules in the State's minimum
code of standards for the minimum number of plumbing fixtures required for
the comfort and convenience of workers and the public not inconsistent
with, but not limited to, the requirements of the federal Americans With
Disabilities Act, the Equitable Restrooms Act, and the U.S. Department
of Labor, Office of Safety and Health Administration. The minimum
code of standards for plumbing and any amendments thereto shall be filed
with the Secretary of State as a public record. In preparing plumbing code
standards and amendments thereto the Department may give consideration to
the recommendations contained in nationally recognized plumbing codes and
recommendations of nationally recognized material and equipment testing
laboratories. The plumbing code promulgated by the Department under
authority of this Act shall remain in effect as the minimum
code authorized by this Act until the Department promulgates a new code
under authority of this Act. At least 20 days' notice of a public hearing
shall be given by the Department in a manner which the Department considers
adequate to bring the hearing to the attention of persons interested in
plumbing code standards. Notice of any public hearing shall be given by
the Department to those who file a request for a notice of hearings.
(Source: P.A. 97-852, eff. 7-26-12.)
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(225 ILCS 320/35.5) Sec. 35.5. Lead in drinking water prevention. (a) The General Assembly finds that lead has been detected in the drinking water of schools in this State. The General Assembly also finds that infants and young children may suffer adverse health effects and developmental delays as a result of exposure to even low levels of lead. The General Assembly further finds that it is in the best interests of the people of the State to require school districts or chief school administrators, or the designee of the school district or chief school administrator, to test for lead in drinking water in school buildings and provide written notification of the test results. The purpose of this Section is to require (i) school districts or chief school administrators, or the designees of the school districts or chief school administrators, to test for lead with the goal of providing school building occupants with an adequate supply of safe, potable water; and (ii) school districts or chief school administrators, or the designees of the school districts or chief school administrators, to notify the parents and legal guardians of enrolled students of the sampling results from their respective school buildings. (b) For the purposes of this Section: "Community water system" has the meaning provided in 35 Ill. Adm. Code 611.101. "School building" means any facility or portion thereof that was constructed on or before January 1, 2000 and may be occupied by more than 10 children or students, pre-kindergarten through grade 5, under the control of (a) a school district or (b) a public, private, charter, or nonpublic day or residential educational institution. "Source of potable water" means the point at which non-bottled water that may be ingested by children or used for food preparation exits any tap, faucet, drinking fountain, wash basin in a classroom occupied by children or students under grade 1, or similar point of use; provided, however, that all (a) bathroom sinks and (b) wash basins used by janitorial staff are excluded from this definition. (c) Each school district or chief school administrator, or the designee of each school district or chief school administrator, shall test each source of potable water in a school building for lead contamination as required in this subsection. (1) Each school district or chief school | ||
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(2) Each school district or chief school | ||
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(3) If any of the samples taken in the school exceed | ||
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(4) Sampling and analysis required under this Section | ||
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(5) A school district or chief school administrator, | ||
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(6) The owner or operator of a community water system | ||
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(7) Lead sampling results obtained shall not be used | ||
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(d) By no later than June 30, 2019, the Department shall determine whether it is necessary and appropriate to protect public health to require schools constructed in whole or in part after January 1, 2000 to conduct testing for lead from sources of potable water, taking into account, among other relevant information, the results of testing conducted pursuant to this Section. (e) Within 90 days of the effective date of this amendatory Act of the 99th General Assembly, the Department shall post on its website guidance on mitigation actions for lead in drinking water, and ongoing water management practices, in schools. In preparing such guidance, the Department may, in part, reference the United States Environmental Protection Agency's 3Ts for Reducing Lead in Drinking Water in Schools.
(Source: P.A. 99-922, eff. 1-17-17; 100-103, eff. 8-11-17.) |
(225 ILCS 320/36) (from Ch. 111, par. 1134)
Sec. 36.
Governmental units which are authorized to regulate plumbing
and the fixtures, materials, design and installation methods of plumbing
systems may adopt a minimum code of standards pursuant to local ordinance
at least as stringent as the minimum code of standards promulgated by the
Department, or may by ordinance or resolution, adopt the minimum code of
standards, promulgated by the Department. The minimum code of standards
promulgated by the Department may be incorporated in the ordinance or resolution
by reference.
(Source: P.A. 83-878.)
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(225 ILCS 320/37) (from Ch. 111, par. 1135)
Sec. 37. Each governmental unit which is authorized to adopt and has adopted
any ordinance or resolution regulating plumbing may provide for its administration
and enforcement
by requiring permits for any plumbing system installation, the inspection of plumbing
system installations by inspectors who are licensed as plumbers in accordance with the
Illinois Plumbing License Law, and the issue of certificates of approval
or compliance which
shall be evidence that a plumbing system has been installed in compliance with the Code
of standards so adopted.
A letter of intent shall be included with all plumbing permit applications. The letter shall be written on the licensed plumber of record's business stationery and shall include the license holder's signature and, if the license holder is incorporated, the license holder's corporate seal. If the license holder is not incorporated, the letter must be notarized.
A governmental unit authorized to adopt regulations may, by ordinance or resolution,
prescribe reasonable fees for the issue of permits for installation work, the issue of
certificates of compliance or approval, and for the inspection of plumbing
installations.
(Source: P.A. 94-132, eff. 7-7-05.)
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(225 ILCS 320/38) (from Ch. 111, par. 1136)
Sec. 38.
The Department shall furnish advisory service to officials
of governmental units with respect to the adoption, administration and enforcement
of a minimum code of standards regulating plumbing and the fixtures, materials,
design and installation methods of plumbing systems.
(Source: P.A. 79-1000.)
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(225 ILCS 320/39) (from Ch. 111, par. 1137)
Sec. 39.
The Governor shall appoint a Plumbing Code Advisory Council to
consult with and advise the Department. The Council shall be composed of
the Director or his or her authorized representative, who shall serve as
chairman ex-officio, and 11 members appointed by the Governor. The
appointed members shall consist of 4 Illinois licensed plumbers engaged in
plumbing in Illinois who are residents of Illinois, one registered
professional engineer actively engaged in construction and design of
plumbing systems; one licensed architect; one elected official of a
municipality in Illinois; 2 representatives of the consumer public in
Illinois; and two persons representing labor. Members of the Council shall
be appointed for 3 year terms. The Plumbing Code Advisory Council as
appointed by the Governor under authority of this Act shall remain in
effect for the term of their appointments. Any member appointed to fill a
vacancy occurring prior to the expiration of the term for which his or her
predecessor was appointed shall be appointed for the remainder of the term.
The Council shall meet as frequently as the Chairman deems necessary, but
not less than once each year. Additional meetings may be called by the
Chairman or by 3 members of the Council upon delivery of 10 days' written
notice to the office of each member of the Council. Six members of the
Council shall constitute a quorum. Each appointed member of the Council
shall be reimbursed for actual expenses incurred in the performance of his
or her duties.
(Source: P.A. 87-885.)
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(225 ILCS 320/40) (from Ch. 111, par. 1138)
Sec. 40.
All persons engaged in plumbing as defined in this Act shall
comply with the minimum code of standards for plumbing and the fixtures,
materials, design and installation methods of plumbing systems published
by the Department and filed with the Secretary of State as required by this Act.
All installations of equipment, fixtures, appliances or piping which
are used or intended for use entirely for or as a part of a water supply
system or sewage disposal system and thereby can affect the public health
shall comply with the provisions of the State Plumbing Code for design,
materials, installation and maintenance. The installation, repair, maintenance,
alteration or extension of building sewers shall be done in accordance
with the State Plumbing Code. Any person engaged in any of such work
shall upon investigation and determination of non-compliance with the provisions
of the State Plumbing Code be subject to the penalties contained in this
Act. Such prosecution shall be the responsibility of the State's Attorney
or other authority as authorized by this Act.
(Source: P.A. 83-878.)
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(225 ILCS 320/40.5) Sec. 40.5. Bottle filling stations. (a) For the purposes of this Section, "bottle filling station" means a plumbing fixture connected to the potable water distribution system and sanitary drainage system that is designed and intended for filling personal use drinking water bottles or containers at least 10 inches (254 millimeters) in height. A "bottle filling station" may be separate from or integral to a drinking fountain and may incorporate a water filter and a cooling system for chilling the drinking water. (b) The Department shall adopt a rule requiring that for each drinking fountain in any new construction where a drinking fountain is required under the Illinois Plumbing Code, 77 Ill. Adm. Code 890, there shall also be a bottle filling station or a combined bottle filling station and drinking fountain. (c) The rules required to be adopted under this Section shall take effect and be implemented by July 1, 2026.(Source: P.A. 103-223, eff. 1-1-24.) |
(225 ILCS 320/41) (from Ch. 111, par. 1139)
Sec. 41.
The Department is authorized and directed to make inspections
necessary to determine compliance with this Act and the plumbing code promulgated
hereunder.
Subject to constitutional limitation, the Department, by its representatives,
after proper identification, is authorized and shall have the power to enter
at reasonable times, upon private and public property for the purpose of
inspecting and investigating conditions relating to the enforcement of this
Act and regulations issued hereunder.
(Source: P.A. 83-878.)
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(225 ILCS 320/42)
Sec. 42. Home rule. Pursuant to paragraph (h) of Section 6 of Article
VII
of the Illinois Constitution of 1970 the power to regulate the licensing of
plumbers, to promulgate a minimum plumbing code of
standards,
and to regulate the registration of irrigation contractors and plumbing contractors shall,
except as may otherwise be provided within and pursuant to the provisions of
Section 16 and Section 16.1 of this Act, be exercised by the State and may
not be exercised by
any unit of local government, including home rule units.
(Source: P.A. 97-365, eff. 1-1-12.)
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(225 ILCS 320/43) (from Ch. 111, par. 1141)
Sec. 43.
Plumbing Licensure and Program Fund.
There is created in the
State Treasury a special fund to be known as the Plumbing Licensure and
Program Fund. All fees collected under Section 30 of this Act and interest
accrued thereon shall be deposited into this Fund. The amount collected as
fees shall be appropriated by the General Assembly to the Department for
the purpose of conducting activities relating to administration and
enforcement of this Act.
(Source: P.A. 87-885.)
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