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91_HB0539enr HB0539 Enrolled LRB9100612ACdvA 1 AN ACT concerning lawn sprinkler systems. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Plumbing License Law is amended 5 by changing Sections 2, 3, 19, 29.5, 30, and 42 and adding 6 Sections 2.5, 2.6, and 16.1 as follows: 7 (225 ILCS 320/2) (from Ch. 111, par. 1102) 8 Sec. 2. When used in this Act: 9 "Agent" means a person designated by a sponsor as 10 responsible for supervision of an apprentice plumber and who 11 is also an Illinois licensed plumber. 12 "Apprentice plumber" means any licensed person who is 13 learning and performing plumbing under the supervision of a 14 sponsor or his agent in accordance with the provisions of 15 this Act. 16 "Approved apprenticeship program" means an apprenticeship 17 program approved by the U.S. Department of Labor's Bureau of 18 Apprenticeship and Training and the Department under rules. 19 "Board" means the Illinois State Board of Plumbing 20 Examiners. 21 "Building drain" means that part of the lowest horizontal 22 piping of a drainage system that receives the discharge from 23 soil, waste, and other drainage pipes inside the walls of a 24 building and conveys it to 5 feet beyond the foundation walls 25 where it is connected to the building sewer. 26 "Building sewer" means that part of the horizontal piping 27 of a drainage system that extends from the end of the 28 building drain, receives the discharge of the building drain 29 and conveys it to a public sewer or private sewage disposal 30 system. 31 "Department" means the Illinois Department of Public HB0539 Enrolled -2- LRB9100612ACdvA 1 Health. 2 "Director" means the Director of the Illinois Department 3 of Public Health. 4 "Governmental unit" means a city, village, incorporated 5 town, county, or sanitary or water district. 6 "Irrigation contractor" means a person who installs or 7 supervises the installation of lawn sprinkler systems subject 8 to Section 2.5 of this Act, other than a licensed plumber or 9 a licensed apprentice plumber. 10 "Lawn sprinkler system" means any underground irrigation 11 system of lawn, shrubbery and other vegetation from any 12 potable water sources; and from any water sources, whether or 13 not potable, in: (i) any county with a population of 14 3,000,000 or more; (ii) any county with a population of 15 275,000 or more which is contiguous in whole or in part to a 16 county with a population of 3,000,000 or more; and (iii) any 17 county with a population of 37,000 or more but less than 18 150,000 which is contiguous to 2 or more counties with 19 respective populations in excess of 275,000. "Lawn sprinkler 20Suchsystem" includes without limitation the water supply 21 piping, valves, and sprinkler heads or other irrigation 22 outlets, but does not include the backflow prevention device. 23 "Lawn sprinkler system" does not include an irrigation system 24 used primarily for agricultural purposes. 25 "Person" means any natural person, firm, corporation, 26 partnership, or association. 27 "Plumber" means any licensed person authorized to perform 28 plumbing as defined in this Act, but does not include retired 29 plumbers as defined in this Act. 30 "Plumbing" means the actual installation, repair, 31 maintenance, alteration or extension of a plumbing system by 32 any person. 33 "Plumbing" includes all piping, fixtures, appurtenances 34 and appliances for a supply of water for all purposes, HB0539 Enrolled -3- LRB9100612ACdvA 1 including without limitation lawn sprinkler systems and 2 backflow prevention devices connected to lawn sprinkler 3 systems, from the source of a private water supply on the 4 premises or from the main in the street, alley or at the curb 5 to, within and about any building or buildings where a person 6 or persons live, work or assemble. 7 "Plumbing" includes all piping, from discharge of pumping 8 units to and including pressure tanks in water supply 9 systems. 10 "Plumbing" includes all piping, fixtures, appurtenances, 11 and appliances for a building drain and a sanitary drainage 12 and related ventilation system of any building or buildings 13 where a person or persons live, work or assemble from the 14 point of connection of such building drain to the building 15 sewer or private sewage disposal system 5 feet beyond the 16 foundation walls. 17 "Plumbing" does not mean or include the trade of 18 drain-laying, the trade of drilling water wells which 19 constitute the sources of private water supplies, and of 20 making connections between such wells and pumping units in 21 the water supply systems of buildings served by such private 22 water supplies, or the business of installing water softening 23 equipment and of maintaining and servicing the same, or the 24 business of manufacturing or selling plumbing fixtures, 25 appliances, equipment or hardware, or to the installation and 26 servicing of electrical equipment sold by a not-for-profit 27 corporation providing electrification on a cooperative basis, 28 that either on or before January 1, 1971, is or has been 29 financed in whole or in part under the federal"Rural 30 Electrification Act of 1936"and the Acts amendatory thereof 31 and supplementary thereto, to its members for use on farms 32 owned by individuals or operated by individuals, nor does it 33 mean or include minor repairs which do not require changes in 34 the piping to or from plumbing fixtures or involve the HB0539 Enrolled -4- LRB9100612ACdvA 1 removal, replacement, installation or re-installation of any 2 pipe or plumbing fixtures. Plumbing does not include the 3 installation, repair, maintenance, alteration or extension of 4 building sewers. 5 "Plumbing fixtures" means installed receptacles, devices 6 or appliances that are supplied with water or that receive or 7 discharge liquids or liquid borne wastes, with or without 8 discharge into the drainage system with which they may be 9 directly or indirectly connected. 10 "Plumbing system" means the water service, water supply 11 and distribution pipes; plumbing fixtures and traps; soil, 12 waste and vent pipes; building drains; including their 13 respective connections, devices and appurtenances. "Plumbing 14 system" does not include building sewers as defined in this 15 Act. 16 "Retired plumber" means any licensed plumber in good 17 standing who meets the requirements of this Act and the 18 requirements prescribed by Department rule to be licensed as 19 a retired plumber and voluntarily surrenders his plumber's 20 license to the Department, in exchange for a retired 21 plumber's license. Retired plumbers cannot perform plumbing 22 as defined in this Act, cannot sponsor or supervise 23 apprentice plumbers, and cannot inspect plumbing under this 24 Act. A retired plumber cannot fulfill the requirements of 25 subsection (3) of Section 3 of this Act. 26 "Supervision" with respect to first and second year 27 licensed apprentice plumbers means that such apprentices must 28 perform all designing and planning of plumbing systems and 29 all plumbing as defined in this Act under the direct personal 30 supervision of the sponsor or his or her agent who must also 31 be an Illinois licensed plumber, except for maintenance and 32 repair work on existing plumbing systems done by second year 33 apprentice plumbers; provided that before performing any 34 maintenance and repair work without such supervision, such HB0539 Enrolled -5- LRB9100612ACdvA 1 apprentice has received the minimum number of hours of annual 2 classroom instruction recommended by the United States 3 Department of Labor's Bureau of Apprenticeship and Training 4 for apprentice plumbers in a Bureau of Apprenticeship and 5 Training approved plumber apprenticeship program or its 6 equivalent. "Supervision" with respect to all other 7 apprentice plumbers means that, except for maintenance and 8 repair work on existing plumbing systems, any plumbing done 9 by such apprentices must be inspected daily, after initial 10 rough-in and after completion by the sponsor or his or her 11 agent who is also an Illinois licensed plumber. In addition, 12 all repair and maintenance work done by a licensed apprentice 13 plumber on an existing plumbing system must be approved by 14 the sponsor or his or her agent who is also an Illinois 15 licensed plumber. 16 "Sponsor" is an Illinois licensed plumber or an approved 17 apprenticeship program that has accepted an individual as an 18 Illinois licensed apprentice plumber for education and 19 training in the field of plumbing and whose name and license 20 number or apprenticeship program number shall appear on the 21 individual's application for an apprentice plumber's license. 22 "Sponsored" means that each Illinois licensed apprentice 23 plumber has been accepted by an Illinois licensed plumber or 24 an approved apprenticeship program for apprenticeship 25 training. 26 "Telecommunications carrier" means a telecommunications 27 carrier as defined in the Public Utilities Act. 28 (Source: P.A. 91-184, eff. 1-1-00.) 29 (225 ILCS 320/2.5 new) 30 Sec. 2.5. Irrigation contractors; lawn sprinkler 31 systems. 32 (a) Every irrigation contractor doing business in this 33 State shall annually register with the Department. Every HB0539 Enrolled -6- LRB9100612ACdvA 1 irrigation contractor shall provide to the Department his or 2 her business name and address, telephone number, name of 3 principal, and FEIN number. Every irrigation contractor doing 4 business in this State shall also register with the 5 Department each and every employee who installs or supervises 6 the installation of lawn sprinkler systems. The registration 7 shall include the employee's name, home address, and 8 telephone number. The Department may provide by rule for the 9 administration of registrations under this subsection. The 10 annual registration fee shall be set by the Department 11 pursuant to Section 30 of this Act. 12 (b) A licensed plumber or licensed apprentice plumber 13 may install a lawn sprinkler system connected to any water 14 source without registration under this Section. 15 (c) A licensed plumber shall inspect every sprinkler 16 system installed by an irrigation contractor to ensure the 17 provisions of this Section have been met and that the system 18 works mechanically. A licensed plumber shall make the 19 physical connection between a lawn sprinkler system and the 20 backflow prevention device. 21 Upon the installation of every lawn sprinkler system in 22 this State from the effective date of this amendatory Act of 23 the 91st General Assembly forward, a licensed plumber shall 24 affix to the backflow prevention device a tag certifying that 25 the installation of that system has been completed in 26 compliance with the minimum code of plumbing standards 27 promulgated under this Act. The Department shall provide by 28 rule for the registration of every lawn sprinkler system 29 installed after the effective date of this amendatory Act of 30 the 91st General Assembly, including the means by which the 31 Department shall be able to identify by registration number 32 the identity of the responsible irrigation contractor and by 33 license number the identity of the responsible licensed 34 plumber. No lawn sprinkler system installed after the HB0539 Enrolled -7- LRB9100612ACdvA 1 effective date of this amendatory Act of the 91st General 2 Assembly may be operated without the certification tag 3 required under this Section. 4 The registered irrigation contractor and the licensed 5 plumber whose identifying information is contained on the 6 certification tag shall both be subject to the penalty 7 provisions of this Act for violations for improper 8 installation of a lawn sprinkler system installed after the 9 effective date of this amendatory Act of the 91st General 10 Assembly. 11 (d) An irrigation contractor that has registered with 12 the Department 7 or fewer persons who are authorized to 13 install or supervise the installation of lawn sprinkler 14 systems shall either employ or contract with at least one 15 licensed plumber who shall install or be responsible for the 16 installation of every lawn sprinkler system installed after 17 the effective date of this amendatory Act of the 91st General 18 Assembly. The licensed plumber shall inspect the risers and 19 sprinkler heads before backfilling. 20 An irrigation contractor that has registered with the 21 Department 8 to 12 persons who are authorized to install or 22 supervise the installation of lawn sprinkler systems shall 23 either employ or contract with at least 2 licensed plumbers 24 who shall install or be responsible for the installation of 25 every lawn sprinkler system installed after the effective 26 date of this amendatory Act of the 91st General Assembly. A 27 licensed plumber shall inspect the risers and sprinkler heads 28 before backfilling. 29 An irrigation contractor that has registered with the 30 Department 13 to 20 persons who are authorized to install or 31 supervise the installation of lawn sprinkler systems shall 32 either employ or contract with at least 3 licensed plumbers 33 who shall install or be responsible for the installation of 34 every lawn sprinkler system installed after the effective HB0539 Enrolled -8- LRB9100612ACdvA 1 date of this amendatory Act of the 91st General Assembly. A 2 licensed plumber shall inspect the risers and sprinkler heads 3 before backfilling. 4 An irrigation contractor that has registered with the 5 Department 21 to 28 persons who are authorized to install or 6 supervise the installation of lawn sprinkler systems shall 7 either employ or contract with at least 4 licensed plumbers 8 who shall install or be responsible for the installation of 9 every lawn sprinkler system installed after the effective 10 date of this amendatory Act of the 91st General Assembly. A 11 licensed plumber shall inspect the risers and sprinkler heads 12 before backfilling. 13 An irrigation contractor that has registered with the 14 Department 29 to 35 persons who are authorized to install or 15 supervise the installation of lawn sprinkler systems shall 16 either employ or contract with at least 5 licensed plumbers 17 who shall install or be responsible for the installation of 18 every lawn sprinkler system installed after the effective 19 date of this amendatory Act of the 91st General Assembly. A 20 licensed plumber shall inspect the risers and sprinkler heads 21 before backfilling. 22 An irrigation contractor that has registered with the 23 Department 36 or more persons who are authorized to install 24 or supervise the installation of lawn sprinkler systems shall 25 either employ or contract with at least 6 licensed plumbers 26 who shall install or be responsible for the installation of 27 every lawn sprinkler system installed after the effective 28 date of this amendatory Act of the 91st General Assembly. A 29 licensed plumber shall inspect the risers and sprinkler heads 30 before backfilling. 31 The Department may provide by rule for the temporary 32 waiver process for registered irrigation contractors who are 33 unable to comply with the requirements of this subsection. 34 When a temporary waiver is granted, it shall not be for a HB0539 Enrolled -9- LRB9100612ACdvA 1 duration of more than 3 consecutive months. Upon the 2 expiration of a temporary waiver issued by the Department, 3 the registered irrigation contractor shall demonstrate that 4 justifiable reasons exist why he or she is still unable to 5 comply with the requirements of this subsection, despite good 6 faith efforts to comply with the requirements. In no case 7 shall a temporary waiver be granted for an irrigation 8 contractor for more than a total of 6 months in a two-year 9 period. In no case shall an irrigation contractor be relieved 10 of the requirement that a licensed plumber shall inspect 11 every sprinkler system installed by an irrigation contractor 12 to ensure the provisions of this Section have been met and 13 that the system works mechanically and make the physical 14 connection between a sprinkler system and the backflow 15 prevention device. 16 (e) No person shall attach to a lawn sprinkler system 17 any fixture intended to supply water for human consumption. 18 No person shall attach to a lawn sprinkler system any 19 fixture other than the backflow prevention device, sprinkler 20 heads, valves, and other parts integral to the operation of 21 the system, unless the fixture is clearly marked as being for 22 non-potable uses only. 23 (f) This Section is repealed January 1, 2003, and all 24 registrations under this Section terminate on that date. 25 (225 ILCS 320/2.6 new) 26 Sec. 2.6. Golf courses. A golf course with a lawn 27 sprinkler system installed prior to the effective date of 28 this amendatory Act of the 91st General Assembly may extend, 29 relocate, or modify up to 200 linear yards of an existing 30 lawn sprinkler system without being subject to the 31 requirements of Section 2.5 of this Act. However, if the 32 extension, relocation, or modification of an existing lawn 33 sprinkler system involves a connection of the system to a HB0539 Enrolled -10- LRB9100612ACdvA 1 backflow prevention device, a licensed plumber shall make the 2 physical connection between the lawn sprinkler system and the 3 backflow prevention device. 4 (225 ILCS 320/3) (from Ch. 111, par. 1103) 5 Sec. 3. (1) All planning and designing of plumbing 6 systems and all plumbing shall be performed only by plumbers 7 licensed under the provisions of this Act hereinafter called 8 "licensed plumbers" and "licensed apprentice plumbers". The 9 inspection of plumbing and plumbing systems shall be done 10 only by the sponsor or his or her agent who shall be an 11 Illinois licensed plumber. Nothing herein contained shall 12 prohibit licensed plumbers or licensed apprentice plumbers 13 under supervision from planning, designing, inspecting, 14 installing, repairing, maintaining, altering or extending 15 building sewers in accordance with this Act. No person who 16 holds a license or certificate of registration under the 17 Illinois Architecture Practice Act of 1989, or the Structural 18 Engineering Practice Act of 1989, or the Professional 19 Engineering Practice Act of 1989 shall be prevented from 20 planning and designing plumbing systems. 21 (2) Nothing herein contained shall prohibit the owner 22 occupant or lessee occupant of a single family residence, or 23 the owner of a single family residence under construction for 24 his or her occupancy, from planning, installing, altering or 25 repairing the plumbing system of such residence, provided 26 that (i) such plumbing shall comply with the minimum 27 standards for plumbing contained in the Illinois State 28 Plumbing Code, and shall be subject to inspection by the 29 Department or the local governmental unit if it retains a 30 licensed plumber as an inspector; and (ii) such owner, owner 31 occupant or lessee occupant shall not employ other than a 32 plumber licensed pursuant to this Act to assist him or her. 33 For purposes of this subsection, a person shall be HB0539 Enrolled -11- LRB9100612ACdvA 1 considered an "occupant" if and only if he or she has taken 2 possession of and is living in the premises as his or her 3 bona fide sole and exclusive residence, or, in the case of 4 an owner of a single family residence under construction for 5 his or her occupancy, he or she expects to take possession of 6 and live in the premises as his or her bona fide sole and 7 exclusive residence, and he or she has a current intention to 8 live in such premises as his or her bona fide sole and 9 exclusive residence for a period of not less than 6 months 10 after the completion of the plumbing work performed pursuant 11 to the authorization of this subsection, or, in the case of 12 an owner of a single family residence under construction for 13 his or her occupancy, for a period of not less than 6 months 14 after the completion of construction of the residence. 15 Failure to possess and live in the premises as a sole and 16 exclusive residence for a period of 6 months or more shall 17 create a rebuttable presumption of a lack of such intention. 18 (3) The employees of a firm, association, partnership or 19 corporation who engage in plumbing shall be licensed plumbers 20 or licensed apprentice plumbers. At least one member of every 21 firm, association or partnership engaged in plumbing work, 22 and at least one corporate officer of every corporation 23 engaged in plumbing work, as the case may be, shall be a 24 licensed plumber. A retired plumber cannot fulfill the 25 requirements of this subsection (3). 26 Notwithstanding the provisions of this subsection (3), it 27 shall be lawful for an irrigation contractor registered under 28 Section 2.5 of this Act to employ or contract with one or 29 more licensed plumbers in connection with work on lawn 30 sprinkler systems pursuant to Section 2.5 of this Act. 31 (4) (a) A licensed apprentice plumber shall plan, design 32 and install plumbing only under the supervision of the 33 sponsor or his or her agent who is also an Illinois 34 licensed plumber. HB0539 Enrolled -12- LRB9100612ACdvA 1 (b) An applicant for licensing as an apprentice 2 plumber shall be at least 16 years of age and apply on 3 the application form provided by the Department. Such 4 application shall verify that the applicant is sponsored 5 by an Illinois licensed plumber or an approved 6 apprenticeship program and shall contain the name and 7 license number of the licensed plumber or program 8 sponsor. 9 (c) No licensed plumber shall sponsor more than 2 10 licensed apprentice plumbers at the same time. If 2 11 licensed apprentice plumbers are sponsored by a plumber 12 at the same time, one of the apprentices must have, at a 13 minimum, 2 years experience as a licensed apprentice. No 14 licensed plumber sponsor or his or her agent may 15 supervise 2 licensed apprentices with less than 2 years 16 experience at the same time. The sponsor or agent shall 17 supervise and be responsible for the plumbing performed 18 by a licensed apprentice. 19 (d) No agent shall supervise more than 2 licensed 20 apprentices at the same time. 21 (e) No licensed plumber may, in any capacity, 22 supervise more than 2 licensed apprentice plumbers at the 23 same time. 24 (f) No approved apprenticeship program may sponsor 25 more licensed apprentices than 2 times the number of 26 licensed plumbers available to supervise those licensed 27 apprentices. 28 (g) No approved apprenticeship program may sponsor 29 more licensed apprentices with less than 2 years 30 experience than it has licensed plumbers available to 31 supervise those licensed apprentices. 32 (h) No individual shall work as an apprentice 33 plumber unless he or she is properly licensed under this 34 Act. The Department shall issue an apprentice plumber's HB0539 Enrolled -13- LRB9100612ACdvA 1 license to each approved applicant. 2 (i) No licensed apprentice plumber shall serve more 3 than a 6 year licensed apprenticeship period. If, upon 4 completion of a 6 year licensed apprenticeship period, 5 such licensed apprentice plumber does not apply for the 6 examination for a plumber's license and successfully pass 7 the examination for a plumber's license, his or her 8 apprentice plumber's license shall not be renewed. 9 Nothing contained in P.A. 83-878, entitled "An Act in 10 relation to professions", approved September 26, 1983, was 11 intended by the General Assembly nor should it be construed 12 to require the employees of a governmental unit or privately 13 owned municipal water supplier who operate, maintain or 14 repair a water or sewer plant facility which is owned or 15 operated by such governmental unit or privately owned 16 municipal water supplier to be licensed plumbers under this 17 Act. In addition, nothing contained in P.A. 83-878 was 18 intended by the General Assembly nor should it be construed 19 to permit persons other than licensed plumbers to perform the 20 installation, repair, maintenance or replacement of plumbing 21 fixtures, such as toilet facilities, floor drains, showers 22 and lavatories, and the piping attendant to those fixtures, 23 within such facility or in the construction of a new 24 facility. 25 Nothing contained in P.A. 83-878, entitled "An Act in 26 relation to professions", approved September 26, 1983, was 27 intended by the General Assembly nor should it be construed 28 to require the employees of a governmental unit or privately 29 owned municipal water supplier who install, repair or 30 maintain water service lines from water mains in the street, 31 alley or curb line to private property lines and who install, 32 repair or maintain water meters to be licensed plumbers under 33 this Act if such work was customarily performed prior to the 34 effective date of such Act by employees of such governmental HB0539 Enrolled -14- LRB9100612ACdvA 1 unit or privately owned municipal water supplier who were not 2 licensed plumbers. Any such work which was customarily 3 performed prior to the effective date of such Act by persons 4 who were licensed plumbers or subcontracted to persons who 5 were licensed plumbers must continue to be performed by 6 persons who are licensed plumbers or subcontracted to persons 7 who are licensed plumbers. When necessary under this Act, 8 the Department shall make the determination whether or not 9 persons who are licensed plumbers customarily performed such 10 work. 11 (Source: P.A. 91-91, eff. 1-1-00.) 12 (225 ILCS 320/16.1 new) 13 Sec. 16.1. Local ordinances; irrigation contractors. 14 (1) Any city, village, or incorporated town having a 15 population of 500,000 or more may, by an ordinance containing 16 provisions substantially the same as those in this Act with 17 respect to the registration of irrigation contractors, 18 provide for the registration of irrigation contractors within 19 such city, village, or incorporated town. Upon the enactment 20 of the ordinance, the provisions of this Act relating to 21 irrigation contractors shall not apply within any such 22 municipality except as otherwise provided herein. 23 (2) Any person registered as an irrigation contractor 24 pursuant to such ordinance, or registered by the Department 25 under this Act, may install or supervise the installation of 26 lawn sprinkler systems anywhere in this State. 27 (3) Any municipality enacting an ordinance pursuant to 28 this Section shall maintain a current record similar to that 29 required of the Department by Section 2.5 of this Act, and 30 shall provide the Department with a copy thereof. The 31 Department shall be advised of changes in such record at 32 least every 6 months. HB0539 Enrolled -15- LRB9100612ACdvA 1 (225 ILCS 320/19) (from Ch. 111, par. 1118) 2 Sec. 19. The Director, after notice and opportunity for 3 hearing to the applicant,orlicense holder, or registrant, 4 may deny, suspend, or revoke a license or registration in any 5 case in which he or she finds that there has been a 6 substantial failure to comply with the provisions of this Act 7 or the standards, rules, and regulations established under 8 this Act. 9 Notice shall be provided by certified mail or by personal 10 service setting forth the particular reasons for the proposed 11 action and fixing a date, not less than 20 days from the date 12 of the mailing or service, within which time the applicant or 13 license holder must request in writing a hearing. Failure to 14 serve upon the Department a request for hearing in writing 15 within the time provided in the notice shall constitute a 16 waiver of the person's right to an administrative hearing. 17 The hearing shall be conducted by the Director or by an 18 individual designated in writing by the Director as a hearing 19 officer to conduct the hearing. The Director or hearing 20 officer shall give written notice of the time and place of 21 the hearing, by certified mail or personal service, to the 22 applicant,orlicense holder, or registrant at least 10 days 23 prior to the hearing. On the basis of the hearing, or upon 24 default of the applicant,orlicense holder, or registrant, 25 the Director shall make a determination specifying his or her 26 findings and conclusions. A copy of the determination shall 27 be sent by certified mail or served personally upon the 28 applicant,orlicense holder, or registrant. The decision of 29 the Director shall be final on issues of fact and final in 30 all respects unless judicial review is sought as provided in 31 this Act. 32 The procedure governing hearings authorized by this 33 Section shall be in accordance with rules promulgated by the 34 Department. A full and complete record shall be kept of all HB0539 Enrolled -16- LRB9100612ACdvA 1 proceedings, including the notice of hearing, complaint, and 2 all other documents in the nature of pleadings, written 3 motions filed in the proceedings, and the report and orders 4 of the Director and hearing officer. 5 The Department at its expense shall provide a court 6 reporter to take testimony. Technical error in the 7 proceedings before the Department or hearing officer or their 8 failure to observe the technical rules of evidence shall not 9 be grounds for the reversal of any administrative decision 10 unless it appears to the Court that such error or failure 11 materially affects the rights of any party and results in 12 substantial injustice to them. 13 The Department or hearing officer, or any parties in an 14 investigation or hearing before the Department, may cause the 15 depositions of witnesses within the State to be taken in the 16 manner prescribed by law for depositions in civil actions in 17 courts of this State, and compel the attendance of witnesses 18 and the production of books, papers, records, or memoranda. 19 The Department shall not be required to certify any 20 record to the Court or file any answer in Court or otherwise 21 appear in any Court in a judicial review proceeding, unless 22 there is filed in the Court with the complaint a receipt from 23 the Department acknowledging payment of the costs of 24 furnishing and certifying the record. Such cost shall be 25 paid by the party requesting a copy of the record. Failure 26 on the part of the person requesting a copy of the record to 27 pay the cost shall be grounds for dismissal of the action. 28 (Source: P.A. 87-885.) 29 (225 ILCS 320/29.5) 30 Sec. 29.5. Unlicensed practice; violation; civil 31 penalty. 32 (a) A person who practices, offers to practice, attempts 33 to practice, or holds himself or herself out to practice as a HB0539 Enrolled -17- LRB9100612ACdvA 1 plumber without being licensed under this Act, or as an 2 irrigation contractor without being registered under this 3 Act, shall, in addition to any other penalty provided by law, 4 pay a civil penalty to the Department in an amount not to 5 exceed $5,000 for each offense as determined by the 6 Department. The civil penalty shall be assessed by the 7 Department after a hearing is held in accordance with the 8 provisions set forth in this Act regarding the provision of a 9 hearing for the discipline of a licensee. 10 (b) The Department has the authority and power to 11 investigate any person who practices, offers to practice, 12 attempts to practice, or holds himself or herself out to 13 practice as a plumber without being licensed under this Act, 14 or as an irrigation contractor without being registered under 15 this Act. 16 (c) The civil penalty shall be paid within 60 days after 17 the effective date of the order imposing the civil penalty. 18 The order shall constitute a judgment and may be filed and 19 execution had on the judgment in the same manner as a 20 judgment from a court of record. All fines and penalties 21 collected by the Department under this Section of the Act and 22 accrued interest shall be deposited into the Plumbing 23 Licensure and Program Fund for use by the Department in 24 performing activities relating to the administration and 25 enforcement of this Act. 26 (Source: P.A. 90-714, eff. 8-7-98.) 27 (225 ILCS 320/30) (from Ch. 111, par. 1129) 28 Sec. 30. (1) The Department shall, by rule, establish a 29 schedule of fees for examination, registration, and licensure 30 sufficient to offset a portion of the costs of administration 31 and enforcement of this Act. 32 (2) The Department may, by rule, establish a schedule of 33 fees for the publication and mailing of the Illinois State HB0539 Enrolled -18- LRB9100612ACdvA 1 Plumbing Code. 2 (Source: P.A. 87-885.) 3 (225 ILCS 320/42) 4 Sec. 42. Home rule. Pursuant to paragraph (h) of Section 5 6 of Article VII of the Illinois Constitution of 1970 the 6 power to regulate the licensing of plumbers,andthe 7 promulgation of a minimum plumbing code of standards, and the 8 power to regulate the registration of irrigation contractors 9 shall, except as may otherwise be provided within and 10 pursuant to the provisions of Section 16 and Section 16.1 of 11 this Act, be exercised by the State and may not be exercised 12 by any unit of local government, including home rule units. 13 (Source: P.A. 83-878.) 14 Section 99. Effective date. This Act takes effect upon 15 becoming law.