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91_HB0264eng HB0264 Engrossed LRB9100633ACsbA 1 AN ACT concerning plumbers. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Public Utilities Act is amended by adding 5 Section 13-709 as follows: 6 (220 ILCS 5/13-709 new) 7 Sec. 13-709. Orders of correction. 8 (a) A telecommunications carrier shall comply with 9 orders of correction issued by the Department of Public 10 Health under Section 5 of the Illinois Plumbing License Law. 11 (b) Upon receiving notification from the Department of 12 Public Health that a telecommunications carrier has failed to 13 comply with an order of correction, the Illinois Commerce 14 Commission shall enforce the order. 15 (c) The good faith compliance by a telecommunications 16 carrier with an order of the Department of Public Health or 17 Illinois Commerce Commission to terminate service pursuant to 18 Section 5 of the Illinois Plumbing License Law shall 19 constitute a complete defense to any civil action brought 20 against the telecommunications carrier arising from the 21 termination of service. 22 Section 10. The Illinois Plumbing License Law is amended 23 by changing Sections 2 and 5 as follows: 24 (225 ILCS 320/2) (from Ch. 111, par. 1102) 25 Sec. 2. When used in this Act: 26 "Agent" means a person designated by a sponsor as 27 responsible for supervision of an apprentice plumber and who 28 is also an Illinois licensed plumber. 29 "Apprentice plumber" means any licensed person who is HB0264 Engrossed -2- LRB9100633ACsbA 1 learning and performing plumbing under the supervision of a 2 sponsor or his agent in accordance with the provisions of 3 this Act. 4 "Approved apprenticeship program" means an apprenticeship 5 program approved by the U.S. Department of Labor's Bureau of 6 Apprenticeship and Training and the Department under rules. 7 "Board" means the Illinois State Board of Plumbing 8 Examiners. 9 "Building drain" means that part of the lowest horizontal 10 piping of a drainage system that receives the discharge from 11 soil, waste, and other drainage pipes inside the walls of a 12 building and conveys it to 5 feet beyond the foundation walls 13 where it is connected to the building sewer. 14 "Building sewer" means that part of the horizontal piping 15 of a drainage system that extends from the end of the 16 building drain, receives the discharge of the building drain 17 and conveys it to a public sewer or private sewage disposal 18 system. 19 "Department" means the Illinois Department of Public 20 Health. 21 "Director" means the Director of the Illinois Department 22 of Public Health. 23 "Governmental unit" means a city, village, incorporated 24 town, county, or sanitary or water district. 25 "Lawn sprinkler system" means any irrigation system of 26 lawn, shrubbery and other vegetation from any potable water 27 sources; and from any water sources, whether or not potable, 28 in: (i) any county with a population of 3,000,000 or more; 29 (ii) any county with a population of 275,000 or more which is 30 contiguous in whole or in part to a county with a population 31 of 3,000,000 or more; and (iii) any county with a population 32 of 37,000 or more but less than 150,000 which is contiguous 33 to 2 or more counties with respective populations in excess 34 of 275,000. Such system includes without limitation the water HB0264 Engrossed -3- LRB9100633ACsbA 1 supply piping, valves and sprinkler heads or other irrigation 2 outlets. Lawn sprinkler system does not include an 3 irrigation system used primarily for agricultural purposes. 4 "Person" means any natural person, firm, corporation, 5 partnership, or association. 6 "Plumber" means any licensed person authorized to perform 7 plumbing as defined in this Act, but does not include retired 8 plumbers as defined in this Act. 9 "Plumbing" means the actual installation, repair, 10 maintenance, alteration or extension of a plumbing system by 11 any person. 12 Plumbing includes all piping, fixtures, appurtenances and 13 appliances for a supply of water for all purposes, including 14 without limitation lawn sprinkler systems, from the source of 15 a private water supply on the premises or from the main in 16 the street, alley or at the curb to, within and about any 17 building or buildings where a person or persons live, work or 18 assemble. 19 Plumbing includes all piping, from discharge of pumping 20 units to and including pressure tanks in water supply 21 systems. 22 Plumbing includes all piping, fixtures, appurtenances, 23 and appliances for a building drain and a sanitary drainage 24 and related ventilation system of any building or buildings 25 where a person or persons live, work or assemble from the 26 point of connection of such building drain to the building 27 sewer or private sewage disposal system 5 feet beyond the 28 foundation walls. 29 Plumbing does not mean or include the trade of 30 drain-laying, the trade of drilling water wells which 31 constitute the sources of private water supplies, and of 32 making connections between such wells and pumping units in 33 the water supply systems of buildings served by such private 34 water supplies, or the business of installing water softening HB0264 Engrossed -4- LRB9100633ACsbA 1 equipment and of maintaining and servicing the same, or the 2 business of manufacturing or selling plumbing fixtures, 3 appliances, equipment or hardware, or to the installation and 4 servicing of electrical equipment sold by a not-for-profit 5 corporation providing electrification on a cooperative basis, 6 that either on or before January 1, 1971, is or has been 7 financed in whole or in part under the federal "Rural 8 Electrification Act of 1936" and the Acts amendatory thereof 9 and supplementary thereto, to its members for use on farms 10 owned by individuals or operated by individuals, nor does it 11 mean or include minor repairs which do not require changes in 12 the piping to or from plumbing fixtures or involve the 13 removal, replacement, installation or re-installation of any 14 pipe or plumbing fixtures. Plumbing does not include the 15 installation, repair, maintenance, alteration or extension of 16 building sewers. 17 "Plumbing fixtures" means installed receptacles, devices 18 or appliances that are supplied with water or that receive or 19 discharge liquids or liquid borne wastes, with or without 20 discharge into the drainage system with which they may be 21 directly or indirectly connected. 22 "Plumbing system" means the water service, water supply 23 and distribution pipes; plumbing fixtures and traps; soil, 24 waste and vent pipes; building drains; including their 25 respective connections, devices and appurtenances. Plumbing 26 system does not include building sewers as defined in this 27 Act. 28 "Retired plumber" means any licensed plumber in good 29 standing who meets the requirements of this Act and the 30 requirements prescribed by Department rule to be licensed as 31 a retired plumber and voluntarily surrenders his plumber's 32 license to the Department, in exchange for a retired 33 plumber's license. Retired plumbers cannot perform plumbing 34 as defined in this Act, cannot sponsor or supervise HB0264 Engrossed -5- LRB9100633ACsbA 1 apprentice plumbers, and cannot inspect plumbing under this 2 Act. A retired plumber cannot fulfill the requirements of 3 subsection (3) of Section 3 of this Act. 4 "Supervision" with respect to first and second year 5 licensed apprentice plumbers means that such apprentices must 6 perform all designing and planning of plumbing systems and 7 all plumbing as defined in this Act under the direct personal 8 supervision of the sponsor or his or her agent who must also 9 be an Illinois licensed plumber, except for maintenance and 10 repair work on existing plumbing systems done by second year 11 apprentice plumbers; provided that before performing any 12 maintenance and repair work without such supervision, such 13 apprentice has received the minimum number of hours of annual 14 classroom instruction recommended by the United States 15 Department of Labor's Bureau of Apprenticeship and Training 16 for apprentice plumbers in a Bureau of Apprenticeship and 17 Training approved plumber apprenticeship program or its 18 equivalent. "Supervision" with respect to all other 19 apprentice plumbers means that, except for maintenance and 20 repair work on existing plumbing systems, any plumbing done 21 by such apprentices must be inspected daily, after initial 22 rough-in and after completion by the sponsor or his or her 23 agent who is also an Illinois licensed plumber. In addition, 24 all repair and maintenance work done by a licensed apprentice 25 plumber on an existing plumbing system must be approved by 26 the sponsor or his or her agent who is also an Illinois 27 licensed plumber. 28 "Sponsor" is an Illinois licensed plumber or an approved 29 apprenticeship program that has accepted an individual as an 30 Illinois licensed apprentice plumber for education and 31 training in the field of plumbing and whose name and license 32 number or apprenticeship program number shall appear on the 33 individual's application for an apprentice plumber's license. 34 "Sponsored" means that each Illinois licensed apprentice HB0264 Engrossed -6- LRB9100633ACsbA 1 plumber has been accepted by an Illinois licensed plumber or 2 an approved apprenticeship program for apprenticeship 3 training. 4 "Telecommunications carrier" means a telecommunications 5 carrier as defined in the Public Utilities Act. 6 (Source: P.A. 89-665, eff. 8-14-96.) 7 (225 ILCS 320/5) (from Ch. 111, par. 1104) 8 Sec. 5. Advertising. 9 (a) Persons who advertise plumbing services shall, at 10 their place of business, display the licensed plumber's 11 license of at least one member of the firm, partnership or 12 officer of the corporation and shall maintain a register 13 listing the names and license numbers of all licensed 14 plumbers and all licensed apprentice plumbers currently 15 employed by them. The number of the license so displayed 16 shall also be included with the plumbing identification on 17 vehicles. 18 (b) No person who provides plumbing services may 19 advertise those services unless that person includes in the 20 advertisement the license number that is required to be 21 displayed under subsection (a). Nothing contained in this 22 subsection requires the publisher of advertising for plumbing 23 services to investigate or verify the accuracy of the license 24 number provided by the advertiser. 25 (b.5) Any person who advertises plumbing services (i) 26 who fails to display the license number required by 27 subsection (a) in all manners required by that subsection, 28 (ii) who fails to provide a publisher with the correct number 29 under subsection (b), or (iii) who provides a publisher with 30 a false license number or a license number of a person other 31 than the person designated under subsection (a), or any 32 person who allows his or her license number to be displayed 33 or used in order to allow any other person to circumvent any HB0264 Engrossed -7- LRB9100633ACsbA 1 provisions of this Section is guilty of a Class A misdemeanor 2 with a fine of $1,000, which shall be subject to the 3 enforcement provisions of Section 29 of this Act. Each day 4 that a person fails to display the required license under 5 subsection (a) and each day that an advertisement runs or 6 each day that a person allows his or her license to be 7 displayed or used in violation of this Section constitutes a 8 separate offense. 9 In addition to, and not in lieu of, the penalties and 10 remedies provided for in this Section and Section 29 of this 11 Act, any person licensed under this Act who violates any 12 provision of this Section shall be subject to suspension or 13 revocation of his or her license under Section 19 of this 14 Act. 15 (b.10) In addition to, and not in lieu of, the penalties 16 and remedies provided for in this Section and Sections 19, 17 20, and 29 of this Act, and after notice and an opportunity 18 for hearing as provided for in this subsection and Section 19 19 of this Act, the Department may issue an Order Of Correction 20 to the telecommunications carrier furnishing service to any 21 telephone number contained in a printed advertisement for 22 plumbing services that is found to be in violation of the 23 provisions of this subsection. The Order of Correction shall 24 be limited to the telephone number contained in the unlawful 25 advertisement. The Order of Correction shall notify the 26 telecommunications carrier to disconnect the telephone 27 service furnished to any telephone number contained in the 28 unlawful advertisement and that subsequent calls to that 29 number shall not be referred by the telecommunications 30 carrier to any new telephone number obtained by or any 31 existing number registered to the person. 32 If, upon investigation, the Department has probable cause 33 to believe that a person has placed an advertisement with a 34 telecommunications carrier that: (i) contains a false license HB0264 Engrossed -8- LRB9100633ACsbA 1 number, (ii) contains a license number of a person other than 2 the person designated under subsection (a), or (iii) is 3 placed or circulated by a person who is not properly licensed 4 under this Act, the Department shall provide notice to the 5 person of the Department's intent to issue an Order of 6 Correction to the telecommunications carrier to disconnect 7 the telephone service furnished to any telephone number 8 contained in the unlawful advertisement, and that subsequent 9 calls to that number shall not be referred by the 10 telecommunications carrier to any new telephone number 11 obtained by or any existing number registered to the person. 12 Notice shall be provided by certified mail or by personal 13 service setting forth the particular reasons for the proposed 14 action and fixing a date, not less than 20 days from the date 15 of the mailing or service, within which time the person must 16 request a hearing in writing. Failure to serve upon the 17 Department a written request for hearing within the time 18 provided in the notice shall constitute a waiver of the 19 person's right to an administrative hearing. The hearing, 20 findings, and conclusions shall be in accordance with the 21 provisions contained in Section 19 of this Act and the 22 Department's Rules of Practice and Procedure in 23 Administrative Hearings (77 Ill. Admin. Code 100), which are 24 incorporated by reference herein. 25 Upon a finding that the person has violated the 26 provisions of this subsection, the Department shall issue the 27 Order of Correction to the telecommunications carrier. If the 28 telecommunications carrier fails to comply with the Order of 29 Correction within 20 days after the order is final, the 30 Department shall inform the Illinois Commerce Commission of 31 the failure to comply and the Illinois Commerce Commission 32 shall require the telecommunications carrier furnishing 33 services to that person to disconnect the telephone service 34 furnished to the telephone number contained in the unlawful HB0264 Engrossed -9- LRB9100633ACsbA 1 advertisement and direct that subsequent calls to that number 2 shall not be referred by the telecommunications carrier to 3 any new telephone number obtained by or any existing number 4 registered to the person. 5 A person may have his or her telephone services restored, 6 after an Order of Correction has been issued, upon a showing, 7 to the satisfaction of the Department, that he or she is in 8 compliance with the provisions of this Act. 9 (c) The Department may require by rule and regulation 10 additional information concerning licensed plumbers and 11 licensed apprentice plumbers maintained in the register. The 12 Department shall have the right to examine the payroll 13 records of such persons to determine compliance with this 14 provision. The Department's right to examine payroll records 15 is limited solely to those records and does not extend to any 16 other business records. 17 (Source: P.A. 87-593; 88-501.) 18 Section 99. Effective date. This Act takes effect on 19 January 1, 2000.