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[ 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.