State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Enrolled ][ House Amendment 001 ]
[ House Amendment 002 ]

90_HB3710eng

      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
HB3710 Engrossed                               LRB9010428LDdv
 1        AN  ACT  to  amend  the  Illinois Plumbing License Law by
 2    changing Sections 14 and 18 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 and 18 and  adding  Section  29.5  as
 7    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
HB3710 Engrossed            -2-                LRB9010428LDdv
 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 15 hours per year.  In  addition,  the  Department
11    shall  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 shall  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
HB3710 Engrossed            -3-                LRB9010428LDdv
 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.)
HB3710 Engrossed            -4-                LRB9010428LDdv
 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.  No person  shall  be
25    appointed  as  a  Plumbing  Inspector  who  is not a licensed
26    plumber  under  this  Act,  including  persons  employed   as
27    Plumbing Inspectors in home rule units.
28        (2)  The   Department  of  Public  Health  shall  conduct
29    inquiry in any city, town, village, township, or county or at
30    any other place in the State when reasonably necessary in the
31    judgment of the Director of the Department of  Public  Health
32    to  safeguard  the  health  of  any person or persons in this
33    State, on account of piping or appurtenant appliances  within
34    any building, or outside, when such piping and appliances are
HB3710 Engrossed            -5-                LRB9010428LDdv
 1    for  the  use  of plumbing as defined in this Act and for the
 2    use of carrying sewage or waste within or from any building.
 3        The  Department  of  Public  Health  may   conduct   such
 4    inquiries  in  any city, town, village, township or county in
 5    this State by directing the Plumbing Inspector thereof to aid
 6    in or conduct such inquiry or investigation in behalf of  the
 7    Department  of  Public  Health  or  the  Department of Public
 8    Health may designate some other person or persons to  conduct
 9    such investigation.
10    (Source: P.A. 83-1362.)
11        (225 ILCS 320/29.5 new)
12        Sec. 29.5. Unlicensed practice; violation; civil penalty.
13        (a)  A person who practices, offers to practice, attempts
14    to practice, or holds himself or herself out to practice as a
15    plumber  without  being  licensed  under  this  Act shall, in
16    addition to any other penalty provided by law,  pay  a  civil
17    penalty  to  the Department in an amount not to exceed $5,000
18    for each offense as determined by the Department.  The  civil
19    penalty  shall  be assessed by the Department after a hearing
20    is held in accordance with the provisions set forth  in  this
21    Act  regarding  the provision of a hearing for the discipline
22    of a licensee.
23        (b)  The  Department  has  the  authority  and  power  to
24    investigate any person who  practices,  offers  to  practice,
25    attempts  to  practice,  or  holds  himself or herself out to
26    practice as a plumber without being licensed under this Act.
27        (c)  The civil penalty shall be paid within 60 days after
28    the effective date of the order imposing the  civil  penalty.
29    The  order  shall  constitute a judgment and may be filed and
30    execution had on  the  judgment  in  the  same  manner  as  a
31    judgment  from  a  court  of  record. All fines and penalties
32    collected by the Department under this Section of the Act and
33    accrued  interest  shall  be  deposited  into  the   Plumbing
HB3710 Engrossed            -6-                LRB9010428LDdv
 1    Licensure  and  Program  Fund  for  use  by the Department in
 2    performing activities  relating  to  the  administration  and
 3    enforcement of this Act.
 4        Section  99.  Effective  date. This Act takes effect upon
 5    becoming law.

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