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90_HB3710
225 ILCS 320/14 from Ch. 111, par. 1113
225 ILCS 320/18 from Ch. 111, par. 1117
225 ILCS 320/29.5 new
225 ILCS 320/37 from Ch. 111, par. 1135
Amends the Illinois Plumbing License Law to allow the
Department of Professional Regulation to set minimum
continuing education requirements. Prohibits a city, town,
village, township, or county from collecting a fee for a
permit for the installation or repair of plumbing unless the
installation or repair has been inspected by an appropriate
plumbing inspector. Allows the Department of Professional
Regulation to establish by rule voluntary standards for local
plumbing regulatory and inspection programs and education,
training, and experience standards for plumbing inspectors.
Sets forth civil penalties for violations of the Act. Allows
the Department of Professional Regulation to investigate
unlicensed activities. Effective immediately.
LRB9010428LDdv
LRB9010428LDdv
1 AN ACT to amend the Illinois Plumbing License Law by
2 changing Sections 14, 18, and 37 and adding Section 29.5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Plumbing License Law is amended
6 by changing Sections 14, 18, and 37 and adding Section 29.5
7 as follows:
8 (225 ILCS 320/14) (from Ch. 111, par. 1113)
9 Sec. 14. License renewal; continuing education. All
10 plumber's licenses and apprentice plumber's licenses issued
11 under this Act shall expire on April 30 next following date
12 of issuance. The term for retired plumber's licenses shall be
13 prescribed by Department rule after consultation with the
14 Board of Plumbing Examiners.
15 An apprentice plumber's license shall also expire the
16 date that the licensed plumber sponsor of such licensed
17 apprentice plumber severs his or her sponsor status with the
18 licensed apprentice plumber. The licensed plumber sponsor
19 shall immediately notify the Department of the severance of
20 his or her relationship with the licensed apprentice plumber.
21 Such apprentice plumber may, on forms provided by the
22 Department, apply for reinstatement of his or her apprentice
23 license by submitting to the Department a new application and
24 new apprentice plumber's license fee. The application shall
25 verify that the applicant for reinstatement of his or her
26 apprentice plumber's license is sponsored by an Illinois
27 licensed plumber. If the applicant is employed by a firm,
28 the application shall contain the name and license number of
29 an Illinois licensed plumber employee of the firm or name and
30 license number of an Illinois licensed plumber member of the
31 firm, or name and Illinois plumber's license number of an
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1 officer of a corporation who is the sponsor. Licensed
2 apprentice plumbers shall not accumulate more than 6 years as
3 a licensed apprentice plumber.
4 Upon the recommendation of the Board, the Department may
5 require by rule that each licensed plumber annually complete
6 a minimum number of hours of classroom instruction and
7 provide evidence of attending the classes before receiving a
8 renewal plumber license. A continuing education requirement
9 established by the Department for all licensed plumbers shall
10 not exceed 16 hours per year. In addition, the Department
11 may by rule establish guidelines for additional continuing
12 education to be required for licensed plumbers found to have
13 committed repeated Plumbing Code violations. In support of
14 these requirements, the Department may by rule establish
15 curricula for continuing education and requirements for
16 instructors and may certify instructors and training programs
17 and schools for continuing education.
18 A plumber's license and an apprentice plumber's license
19 may be renewed for a period of one year from each succeeding
20 May 1st upon payment prior to May 1st of the required renewal
21 fee and submission of required evidence of successful
22 completion of any required continuing education courses.
23 Application for renewal shall be on forms provided by the
24 Department. An application for renewal of licenses received
25 by the Department after May 1st shall include the annual
26 renewal fees plus reinstatement fees, provided that the
27 apprentice plumber's application is received by November 1 of
28 the same year.
29 A plumber licensed pursuant to this Act whose license has
30 been expired for a period of less than 5 years may apply to
31 the Department for reinstatement of his or her plumber's
32 license. The Department shall issue such license renewal
33 provided the applicant pays to the Department all lapsed
34 renewal fees, plus the reinstatement fee. A plumber
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1 licensed pursuant to this Act who has permitted his or her
2 license to expire for more than 5 years may apply, in
3 writing, to the Department for restoration of his or her
4 license. The Department shall restore his or her license
5 provided he or she pays to the Department the required
6 restoration fee and shall successfully pass the examination
7 for an Illinois plumber's license. The restoration fee
8 includes the applicant's examination fee. Failure by the
9 applicant to successfully pass the plumber's license
10 examination shall be sufficient grounds for the Department to
11 withhold issuance of the requested restoration of the
12 applicant's plumber's license. The applicant may retake the
13 examination in accordance with the provisions of this Act.
14 A retired plumber licensed under this Act who has
15 surrendered his or her plumber's license for a period of less
16 than 5 years may apply to the Department for reinstatement of
17 his or her plumber's license. The Department shall renew the
18 license provided the applicant pays to the Department any
19 reinstatement fee required by Department rule. A retired
20 plumber licensed under this Act who has surrendered his or
21 her plumber's license for a period of more than 5 years may
22 apply in writing to the Department for restoration of his or
23 her license. The Department shall restore his or her license
24 provided he or she pays to the Department the restoration fee
25 required by Department rule and successfully passes the
26 examination for an Illinois plumber's license. The
27 restoration fee includes the applicant's examination fee.
28 Failure by the applicant to successfully pass the plumber's
29 license examination shall be sufficient grounds for the
30 Department to withhold issuance of the requested restoration
31 of the applicant's plumber's license. The applicant may
32 retake the examination in accordance with the provisions of
33 this Act.
34 (Source: P.A. 89-665, eff. 8-14-96.)
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1 (225 ILCS 320/18) (from Ch. 111, par. 1117)
2 Sec. 18. Local regulation; Department standards.
3 (1) It is hereby declared to be the policy of this State
4 that each city, town, village, township or county with a
5 water supply system or sewage disposal system or both should
6 so soon after the enactment of this Act as practicable, with
7 the advice of the State Department of Public Health, provide
8 by ordinance, bylaws or rules and regulations for the
9 materials, construction, alteration, and inspection of all
10 plumbing placed in or in connection with any building in any
11 such city, town, village, township, or county and to provide
12 for and appoint a competent Plumbing Inspector or more as
13 required. The Department may by rule establish voluntary
14 standards for the content and conduct of local plumbing
15 regulation and inspection programs and may evaluate and
16 certify local programs that are in compliance with the
17 voluntary standards. The Department may by rule establish
18 voluntary education, training, and experience standards for
19 Plumbing Inspectors and may certify Plumbing Inspectors who
20 are in compliance with the voluntary standards. Nothing
21 contained in this Act shall prohibit any city, town, village,
22 township or county from providing for a Plumbing Inspector or
23 from requiring permits for the installation and repair of
24 plumbing and collecting a fee therefor; however, no city,
25 town, village, township, or county shall charge or collect a
26 fee for a permit unless the installation or repair of
27 plumbing is inspected by a competent Plumbing Inspector as
28 required by this Act. No person shall be appointed as a
29 Plumbing Inspector who is not a licensed plumber under this
30 Act, including persons employed as Plumbing Inspectors in
31 home rule units.
32 (2) The Department of Public Health shall conduct
33 inquiry in any city, town, village, township, or county or at
34 any other place in the State when reasonably necessary in the
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1 judgment of the Director of the Department of Public Health
2 to safeguard the health of any person or persons in this
3 State, on account of piping or appurtenant appliances within
4 any building, or outside, when such piping and appliances are
5 for the use of plumbing as defined in this Act and for the
6 use of carrying sewage or waste within or from any building.
7 The Department of Public Health may conduct such
8 inquiries in any city, town, village, township or county in
9 this State by directing the Plumbing Inspector thereof to aid
10 in or conduct such inquiry or investigation in behalf of the
11 Department of Public Health or the Department of Public
12 Health may designate some other person or persons to conduct
13 such investigation.
14 (Source: P.A. 83-1362.)
15 (225 ILCS 320/29.5 new)
16 Sec. 29.5. Unlicensed practice; violation; civil penalty.
17 (a) A person who practices, offers to practice, attempts
18 to practice, or holds himself or herself out to practice as a
19 plumber without being licensed under this Act shall, in
20 addition to any other penalty provided by law, pay a civil
21 penalty to the Department in an amount not to exceed $5,000
22 for each offense as determined by the Department. The civil
23 penalty shall be assessed by the Department after a hearing
24 is held in accordance with the provisions set forth in this
25 Act regarding the provision of a hearing for the discipline
26 of a licensee.
27 (b) The Department has the authority and power to
28 investigate any and all unlicensed activity.
29 (c) The civil penalty shall be paid within 60 days after
30 the effective date of the order imposing the civil penalty.
31 The order shall constitute a judgment and may be filed and
32 execution had on the judgment in the same manner as a
33 judgment from a court of record. All fines and penalties
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1 collected by the Department under this Section of the Act and
2 accrued interest shall be deposited into the Plumbing
3 Licensure and Program Fund for use by the Department in
4 performing activities relating to the administration and
5 enforcement of this Act.
6 (225 ILCS 320/37) (from Ch. 111, par. 1135)
7 Sec. 37. Local certification. Each governmental unit
8 which is authorized to adopt and has adopted any ordinance or
9 resolution regulating plumbing may provide for its
10 administration and enforcement by requiring permits for any
11 plumbing system installation, the inspection of plumbing
12 system installations by inspectors who are licensed as
13 plumbers in accordance with the Illinois Plumbing License
14 Law, and the issue of certificates of approval or compliance
15 which shall be evidence that a plumbing system has been
16 installed in compliance with the Code of standards so
17 adopted.
18 A governmental unit authorized to adopt regulations may,
19 by ordinance or resolution, prescribe reasonable fees for the
20 issue of permits for installation work, the issue of
21 certificates of compliance or approval, and for the
22 inspection of plumbing installations; however, no
23 governmental unit authorized to adopt regulations shall
24 charge or collect fees for the issuance of permits for
25 installation work, for the issuance of certificates of
26 compliance or approval, or for the inspection of plumbing
27 installations unless the plumbing installation or repair has
28 been inspected by a competent Plumbing Inspector as required
29 by this Act.
30 (Source: P.A. 79-1000.)
31 Section 99. Effective date. This Act takes effect upon
32 becoming law.