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| Public Act 094-0101 |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Illinois Plumbing License Law is amended by | ||||
changing Sections 2, 2.5, and 29.5 as follows:
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(225 ILCS 320/2) (from Ch. 111, par. 1102)
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Sec. 2. When used in this Act:
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"Agent" means a person designated by a sponsor as | ||||
responsible for
supervision of an apprentice plumber and who is | ||||
also an Illinois
licensed plumber.
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"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.
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"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.
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"Board" means the Illinois State Board of Plumbing | ||||
Examiners.
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"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.
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"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.
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"Department" means the Illinois Department of Public | ||||
Health.
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"Director" means the Director of the Illinois Department of | ||||
Public Health.
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"Governmental unit" means a city, village, incorporated | ||
town, county,
or sanitary or water district.
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"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
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licensed apprentice plumber.
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"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.
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"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. , in: (i) any county with a population of
3,000,000 or | ||
more; (ii) any county with a population of 275,000 or more | ||
which
is contiguous in whole or in part to a county with a | ||
population of 3,000,000 or
more; and (iii) any county with a | ||
population of 37,000 or more but less than
150,000 which is | ||
contiguous to 2 or more counties with respective populations
in | ||
excess of 275,000. "Lawn sprinkler system" includes
without | ||
limitation the water supply piping, valves, control systems, | ||
low voltage wiring,
and 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.
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"Person" means any natural person, firm, corporation, | ||
partnership, or
association.
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"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.
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"Plumbing" means the actual installation, repair, | ||
maintenance, alteration
or extension of a plumbing system by | ||
any person.
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"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.
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"Plumbing" includes all piping, from discharge of pumping | ||
units to
and including pressure tanks in water supply systems.
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"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.
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"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
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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
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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,
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repair, maintenance, alteration or extension of building | ||
sewers.
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"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.
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"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.
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"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.
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"Plumbing system" does not include building sewers as | ||
defined in this
Act.
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"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
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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
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of this Act.
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"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
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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
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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.
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"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
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individual's application for an apprentice plumber's license.
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"Sponsored" means that each Illinois licensed apprentice | ||
plumber
has been accepted by an Illinois licensed plumber or an | ||
approved
apprenticeship program for apprenticeship training.
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"Telecommunications carrier" means a telecommunications | ||
carrier as defined
in the Public Utilities Act.
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(Source: P.A. 91-184, eff. 1-1-00; 91-678, eff. 1-26-00; | ||
92-338, eff. 8-10-01.)
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(225 ILCS 320/2.5)
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(Section scheduled to be repealed on January 1, 2013)
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Sec. 2.5. Irrigation contractors; lawn sprinkler systems.
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(a) Every irrigation contractor doing business in this | ||
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,
and 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.
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(b) A licensed plumber or licensed apprentice plumber may | ||
install
a lawn sprinkler system connected to any water source
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without
registration under this Section.
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(c) A licensed plumber shall inspect every
sprinkler system | ||
installed by an irrigation contractor to ensure the provisions
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of this Section have been met and that the system works | ||
mechanically. A
licensed plumber shall make the physical
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connection between a lawn sprinkler system and the backflow | ||
prevention device.
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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
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plumber. No lawn sprinkler system installed after the effective | ||
date of this
amendatory Act of the 91st General Assembly may be
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operated without the certification tag required under this | ||
Section.
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The
registered irrigation contractor and the licensed | ||
plumber
whose identifying information is contained on the
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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.
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(d) An irrigation contractor who
that 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.
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An irrigation contractor who
that 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
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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
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backfilling.
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An irrigation contractor who
that 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
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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
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backfilling.
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An irrigation contractor who
that 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
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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
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backfilling.
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An irrigation contractor who
that 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
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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
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backfilling.
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An irrigation contractor who
that 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
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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
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backfilling.
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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
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waiver be granted for an irrigation contractor for more than a | ||
total of 6
months in a two-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.
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(e) No person shall attach to a lawn sprinkler system any | ||
fixture intended
to supply water for human consumption.
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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.
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(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.
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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.
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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.
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(Source: P.A. 91-678, eff. 1-26-00; 92-778, eff. 8-6-02.)
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(225 ILCS 320/29.5)
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Sec. 29.5. Unlicensed and unregistered practice; | ||
violation; civil
penalties
penalty.
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(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, or as an irrigation contractor | ||
without being
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.
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(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.
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(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
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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.
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(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:
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(A) Where no violations of the Illinois Plumbing | ||
Code are found, the person shall pay a civil penalty of | ||
$1,000 and may be referred to the State's Attorney or | ||
the Attorney General for prosecution under Section 29 | ||
of this Act. | ||
(B) Where violations of the Illinois Plumbing Code | ||
are found, the person shall pay a civil penalty of | ||
$3,000 (the amount of $3,000 may be reduced to $1,000 | ||
upon the condition that the unregistered person pays | ||
for a licensed plumber who is acceptable to the other | ||
party to the original contract or agreement to correct | ||
the violations of the Illinois Plumbing Code) and may | ||
be referred to the State's Attorney or the Attorney | ||
General for prosecution under Section 29 of this Act.
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(2) For a second offense: | ||
(A) Where no violations of the Illinois Plumbing | ||
Code are found, the person shall pay a civil penalty of | ||
$3,000 and may be referred to the State's Attorney or | ||
the Attorney General for prosecution under Section 29 | ||
of this Act.
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(B) Where violations of the Illinois Plumbing Code | ||
are found, the person shall pay a civil penalty of | ||
$5,000 (the amount of $5,000 may be reduced to $3,000 | ||
upon the condition that the unregistered person pays | ||
for a licensed plumber who is acceptable to the other | ||
party to the original contract or agreement to correct | ||
the violations of the Illinois Plumbing Code) and may | ||
be referred to the State's Attorney or the Attorney | ||
General for prosecution under Section 29 of this Act. | ||
(3) For a third or subsequent offense, the person shall | ||
pay a civil penalty of $5,000 and be referred to the | ||
State's Attorney or the Attorney General for prosecution | ||
under Section 29 of this Act.
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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 $5,000;
| ||
(B) shall be required to pay for a licensed plumber | ||
who is acceptable to the other party to the original | ||
contract or agreement to correct any violations of the | ||
Illinois Plumbing Code;
| ||
(C) shall have his, her, or its plumbing license | ||
suspended; and | ||
(D) may be referred to the State's Attorney or the | ||
Attorney General for prosecution under Section 29 of | ||
this Act. | ||
(2) For a second offense, the registrant:
| ||
(A) shall pay a civil penalty of $5,000; | ||
(B) shall be required to pay for a licensed plumber | ||
who is acceptable to the other party to the original | ||
contract or agreement to correct any violations of the | ||
Illinois Plumbing Code; | ||
(C) shall have his, her, or its registration | ||
revoked; and | ||
(D) shall be referred to the State's Attorney or | ||
the Attorney General for prosecution under Section 29 | ||
of this Act.
| ||
(Source: P.A. 91-678, eff. 1-26-00; 92-338, eff. 8-10-01.)
| ||
Section 99. Effective date. This Act takes effect January | ||
1, 2008.
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