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| [ House Amendment 001 ] |
91_HB0539sam001
LRB9100612ACcdam02
1 AMENDMENT TO HOUSE BILL 539
2 AMENDMENT NO. ____. Amend House Bill 539, AS AMENDED, by
3 replacing the title with the following:
4 "AN ACT concerning lawn sprinkler systems."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Illinois Plumbing License Law is amended
8 by changing Sections 2, 3, 19, 29.5, 30, and 42 and adding
9 Sections 2.5, 2.6, and 16.1 as follows:
10 (225 ILCS 320/2) (from Ch. 111, par. 1102)
11 Sec. 2. When used in this Act:
12 "Agent" means a person designated by a sponsor as
13 responsible for supervision of an apprentice plumber and who
14 is also an Illinois licensed plumber.
15 "Apprentice plumber" means any licensed person who is
16 learning and performing plumbing under the supervision of a
17 sponsor or his agent in accordance with the provisions of
18 this Act.
19 "Approved apprenticeship program" means an apprenticeship
20 program approved by the U.S. Department of Labor's Bureau of
21 Apprenticeship and Training and the Department under rules.
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1 "Board" means the Illinois State Board of Plumbing
2 Examiners.
3 "Building drain" means that part of the lowest horizontal
4 piping of a drainage system that receives the discharge from
5 soil, waste, and other drainage pipes inside the walls of a
6 building and conveys it to 5 feet beyond the foundation walls
7 where it is connected to the building sewer.
8 "Building sewer" means that part of the horizontal piping
9 of a drainage system that extends from the end of the
10 building drain, receives the discharge of the building drain
11 and conveys it to a public sewer or private sewage disposal
12 system.
13 "Department" means the Illinois Department of Public
14 Health.
15 "Director" means the Director of the Illinois Department
16 of Public Health.
17 "Governmental unit" means a city, village, incorporated
18 town, county, or sanitary or water district.
19 "Irrigation contractor" means a person who installs or
20 supervises the installation of lawn sprinkler systems subject
21 to Section 2.5 of this Act, other than a licensed plumber or
22 a licensed apprentice plumber.
23 "Lawn sprinkler system" means any underground irrigation
24 system of lawn, shrubbery and other vegetation from any
25 potable water sources; and from any water sources, whether or
26 not potable, in: (i) any county with a population of
27 3,000,000 or more; (ii) any county with a population of
28 275,000 or more which is contiguous in whole or in part to a
29 county with a population of 3,000,000 or more; and (iii) any
30 county with a population of 37,000 or more but less than
31 150,000 which is contiguous to 2 or more counties with
32 respective populations in excess of 275,000. "Lawn sprinkler
33 Such system" includes without limitation the water supply
34 piping, valves, and sprinkler heads or other irrigation
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1 outlets, but does not include the backflow prevention device.
2 "Lawn sprinkler system" does not include an irrigation system
3 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
13 and appliances for a supply of water for all purposes,
14 including without limitation lawn sprinkler systems and
15 backflow prevention devices connected to lawn sprinkler
16 systems, from the source of a private water supply on the
17 premises or from the main in the street, alley or at the curb
18 to, within and about any building or buildings where a person
19 or persons live, work or assemble.
20 "Plumbing" includes all piping, from discharge of pumping
21 units to and including pressure tanks in water supply
22 systems.
23 "Plumbing" includes all piping, fixtures, appurtenances,
24 and appliances for a building drain and a sanitary drainage
25 and related ventilation system of any building or buildings
26 where a person or persons live, work or assemble from the
27 point of connection of such building drain to the building
28 sewer or private sewage disposal system 5 feet beyond the
29 foundation walls.
30 "Plumbing" does not mean or include the trade of
31 drain-laying, the trade of drilling water wells which
32 constitute the sources of private water supplies, and of
33 making connections between such wells and pumping units in
34 the water supply systems of buildings served by such private
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1 water supplies, or the business of installing water softening
2 equipment and of maintaining and servicing the same, or the
3 business of manufacturing or selling plumbing fixtures,
4 appliances, equipment or hardware, or to the installation and
5 servicing of electrical equipment sold by a not-for-profit
6 corporation providing electrification on a cooperative basis,
7 that either on or before January 1, 1971, is or has been
8 financed in whole or in part under the federal "Rural
9 Electrification Act of 1936" and the Acts amendatory thereof
10 and supplementary thereto, to its members for use on farms
11 owned by individuals or operated by individuals, nor does it
12 mean or include minor repairs which do not require changes in
13 the piping to or from plumbing fixtures or involve the
14 removal, replacement, installation or re-installation of any
15 pipe or plumbing fixtures. Plumbing does not include the
16 installation, repair, maintenance, alteration or extension of
17 building sewers.
18 "Plumbing fixtures" means installed receptacles, devices
19 or appliances that are supplied with water or that receive or
20 discharge liquids or liquid borne wastes, with or without
21 discharge into the drainage system with which they may be
22 directly or indirectly connected.
23 "Plumbing system" means the water service, water supply
24 and distribution pipes; plumbing fixtures and traps; soil,
25 waste and vent pipes; building drains; including their
26 respective connections, devices and appurtenances. "Plumbing
27 system" does not include building sewers as defined in this
28 Act.
29 "Retired plumber" means any licensed plumber in good
30 standing who meets the requirements of this Act and the
31 requirements prescribed by Department rule to be licensed as
32 a retired plumber and voluntarily surrenders his plumber's
33 license to the Department, in exchange for a retired
34 plumber's license. Retired plumbers cannot perform plumbing
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1 as defined in this Act, cannot sponsor or supervise
2 apprentice plumbers, and cannot inspect plumbing under this
3 Act. A retired plumber cannot fulfill the requirements of
4 subsection (3) of Section 3 of this Act.
5 "Supervision" with respect to first and second year
6 licensed apprentice plumbers means that such apprentices must
7 perform all designing and planning of plumbing systems and
8 all plumbing as defined in this Act under the direct personal
9 supervision of the sponsor or his or her agent who must also
10 be an Illinois licensed plumber, except for maintenance and
11 repair work on existing plumbing systems done by second year
12 apprentice plumbers; provided that before performing any
13 maintenance and repair work without such supervision, such
14 apprentice has received the minimum number of hours of annual
15 classroom instruction recommended by the United States
16 Department of Labor's Bureau of Apprenticeship and Training
17 for apprentice plumbers in a Bureau of Apprenticeship and
18 Training approved plumber apprenticeship program or its
19 equivalent. "Supervision" with respect to all other
20 apprentice plumbers means that, except for maintenance and
21 repair work on existing plumbing systems, any plumbing done
22 by such apprentices must be inspected daily, after initial
23 rough-in and after completion by the sponsor or his or her
24 agent who is also an Illinois licensed plumber. In addition,
25 all repair and maintenance work done by a licensed apprentice
26 plumber on an existing plumbing system must be approved by
27 the sponsor or his or her agent who is also an Illinois
28 licensed plumber.
29 "Sponsor" is an Illinois licensed plumber or an approved
30 apprenticeship program that has accepted an individual as an
31 Illinois licensed apprentice plumber for education and
32 training in the field of plumbing and whose name and license
33 number or apprenticeship program number shall appear on the
34 individual's application for an apprentice plumber's license.
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1 "Sponsored" means that each Illinois licensed apprentice
2 plumber has been accepted by an Illinois licensed plumber or
3 an approved apprenticeship program for apprenticeship
4 training.
5 "Telecommunications carrier" means a telecommunications
6 carrier as defined in the Public Utilities Act.
7 (Source: P.A. 91-184, eff. 1-1-00.)
8 (225 ILCS 320/2.5 new)
9 Sec. 2.5. Irrigation contractors; lawn sprinkler
10 systems.
11 (a) Every irrigation contractor doing business in this
12 State shall annually register with the Department. Every
13 irrigation contractor shall provide to the Department his or
14 her business name and address, telephone number, name of
15 principal, and FEIN number. Every irrigation contractor doing
16 business in this State shall also register with the
17 Department each and every employee who installs or supervises
18 the installation of lawn sprinkler systems. The registration
19 shall include the employee's name, home address, and
20 telephone number. The Department may provide by rule for the
21 administration of registrations under this subsection. The
22 annual registration fee shall be set by the Department
23 pursuant to the Section 30 of this Act.
24 (b) A licensed plumber or licensed apprentice plumber
25 may install a lawn sprinkler system connected to any water
26 source without registration under this Section.
27 (c) A licensed plumber shall inspect every sprinkler
28 system installed by an irrigation contractor to ensure the
29 provisions of this Section have been met and that the system
30 works mechanically. A licensed plumber shall make the
31 physical connection between a lawn sprinkler system and the
32 backflow prevention device.
33 Upon the installation of every lawn sprinkler system in
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1 this State from the effective date of this amendatory Act of
2 the 91st General Assembly forward, a licensed plumber shall
3 affix to the backflow prevention device a tag certifying that
4 the installation of that system has been completed in
5 compliance with the minimum code of plumbing standards
6 promulgated under this Act. The Department shall provide by
7 rule for the registration of every lawn sprinkler system
8 installed after the effective date of this amendatory Act of
9 the 91st General Assembly, including the means by which the
10 Department shall be able to identify by registration number
11 the identity of the responsible irrigation contractor and by
12 license number the identity of the responsible licensed
13 plumber. No lawn sprinkler system installed after the
14 effective date of this amendatory Act of the 91st General
15 Assembly may be operated without the certification tag
16 required under this Section.
17 The registered irrigation contractor and the licensed
18 plumber whose identifying information is contained on the
19 certification tag shall both be subject to the penalty
20 provisions of this Act for violations for improper
21 installation of a lawn sprinkler system installed after the
22 effective date of this amendatory Act of the 91st General
23 Assembly.
24 (d) An irrigation contractor that has registered with
25 the Department 7 or fewer persons who are authorized to
26 install or supervise the installation of lawn sprinkler
27 systems shall either employ or contract with at least one
28 licensed plumber who shall install or be responsible for the
29 installation of every lawn sprinkler system installed after
30 the effective date of this amendatory Act of the 91st General
31 Assembly. The licensed plumber shall inspect the risers and
32 sprinkler heads before backfilling.
33 An irrigation contractor that has registered with the
34 Department 8 to 12 persons who are authorized to install or
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1 supervise the installation of lawn sprinkler systems shall
2 either employ or contract with at least 2 licensed plumbers
3 who shall install or be responsible for the installation of
4 every lawn sprinkler system installed after the effective
5 date of this amendatory Act of the 91st General Assembly. A
6 licensed plumber shall inspect the risers and sprinkler heads
7 before backfilling.
8 An irrigation contractor that has registered with the
9 Department 13 to 20 persons who are authorized to install or
10 supervise the installation of lawn sprinkler systems shall
11 either employ or contract with at least 3 licensed plumbers
12 who shall install or be responsible for the installation of
13 every lawn sprinkler system installed after the effective
14 date of this amendatory Act of the 91st General Assembly. A
15 licensed plumber shall inspect the risers and sprinkler heads
16 before backfilling.
17 An irrigation contractor that has registered with the
18 Department 21 to 28 persons who are authorized to install or
19 supervise the installation of lawn sprinkler systems shall
20 either employ or contract with at least 4 licensed plumbers
21 who shall install or be responsible for the installation of
22 every lawn sprinkler system installed after the effective
23 date of this amendatory Act of the 91st General Assembly. A
24 licensed plumber shall inspect the risers and sprinkler heads
25 before backfilling.
26 An irrigation contractor that has registered with the
27 Department 29 to 35 persons who are authorized to install or
28 supervise the installation of lawn sprinkler systems shall
29 either employ or contract with at least 5 licensed plumbers
30 who shall install or be responsible for the installation of
31 every lawn sprinkler system installed after the effective
32 date of this amendatory Act of the 91st General Assembly. A
33 licensed plumber shall inspect the risers and sprinkler heads
34 before backfilling.
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1 An irrigation contractor that has registered with the
2 Department 36 or more persons who are authorized to install
3 or supervise the installation of lawn sprinkler systems shall
4 either employ or contract with at least 6 licensed plumbers
5 who shall install or be responsible for the installation of
6 every lawn sprinkler system installed after the effective
7 date of this amendatory Act of the 91st General Assembly. A
8 licensed plumber shall inspect the risers and sprinkler heads
9 before backfilling.
10 The Department may provide by rule for the temporary
11 waiver process for registered irrigation contractors who are
12 unable to comply with the requirements of this subsection.
13 When a temporary waiver is granted, it shall not be for a
14 duration of more than 3 consecutive months. Upon the
15 expiration of a temporary waiver issued by the Department,
16 the registered irrigation contractor shall demonstrate that
17 justifiable reasons exist why he or she is still unable to
18 comply with the requirements of this subsection, despite good
19 faith efforts to comply with the requirements. In no case
20 shall a temporary waiver be granted for an irrigation
21 contractor for more than a total of 6 months in a two-year
22 period. In no case shall an irrigation contractor be relieved
23 of the requirement that a licensed plumber shall inspect
24 every sprinkler system installed by an irrigation contractor
25 to ensure the provisions of this Section have been met and
26 that the system works mechanically and make the physical
27 connection between a sprinkler system and the backflow
28 prevention device.
29 (e) No person shall attach to a lawn sprinkler system
30 any fixture intended to supply water for human consumption.
31 No person shall attach to a lawn sprinkler system any
32 fixture other than the backflow prevention device, sprinkler
33 heads, valves, and other parts integral to the operation of
34 the system, unless the fixture is clearly marked as being for
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1 non-potable uses only.
2 (f) This Section is repealed January 1, 2003, and all
3 registrations under this Section terminate on that date.
4 (225 ILCS 320/2.6 new)
5 Sec. 2.6. Golf courses. A golf course with a lawn
6 sprinkler system installed prior to the effective date of
7 this amendatory Act of the 91st General Assembly may extend,
8 relocate, or modify up to 200 linear yards of an existing
9 lawn sprinkler system without being subject to the
10 requirements of Section 2.5 of this Act. However, if the
11 extension, relocation, or modification of an existing lawn
12 sprinkler system involves a connection of the system to a
13 back flow prevention device, a licensed plumber shall make
14 the physical connection between the lawn sprinkler system and
15 the back flow prevention device.
16 (225 ILCS 320/3) (from Ch. 111, par. 1103)
17 Sec. 3. (1) All planning and designing of plumbing
18 systems and all plumbing shall be performed only by plumbers
19 licensed under the provisions of this Act hereinafter called
20 "licensed plumbers" and "licensed apprentice plumbers". The
21 inspection of plumbing and plumbing systems shall be done
22 only by the sponsor or his or her agent who shall be an
23 Illinois licensed plumber. Nothing herein contained shall
24 prohibit licensed plumbers or licensed apprentice plumbers
25 under supervision from planning, designing, inspecting,
26 installing, repairing, maintaining, altering or extending
27 building sewers in accordance with this Act. No person who
28 holds a license or certificate of registration under the
29 Illinois Architecture Practice Act of 1989, or the Structural
30 Engineering Practice Act of 1989, or the Professional
31 Engineering Practice Act of 1989 shall be prevented from
32 planning and designing plumbing systems.
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1 (2) Nothing herein contained shall prohibit the owner
2 occupant or lessee occupant of a single family residence, or
3 the owner of a single family residence under construction for
4 his or her occupancy, from planning, installing, altering or
5 repairing the plumbing system of such residence, provided
6 that (i) such plumbing shall comply with the minimum
7 standards for plumbing contained in the Illinois State
8 Plumbing Code, and shall be subject to inspection by the
9 Department or the local governmental unit if it retains a
10 licensed plumber as an inspector; and (ii) such owner, owner
11 occupant or lessee occupant shall not employ other than a
12 plumber licensed pursuant to this Act to assist him or her.
13 For purposes of this subsection, a person shall be
14 considered an "occupant" if and only if he or she has taken
15 possession of and is living in the premises as his or her
16 bona fide sole and exclusive residence, or, in the case of
17 an owner of a single family residence under construction for
18 his or her occupancy, he or she expects to take possession of
19 and live in the premises as his or her bona fide sole and
20 exclusive residence, and he or she has a current intention to
21 live in such premises as his or her bona fide sole and
22 exclusive residence for a period of not less than 6 months
23 after the completion of the plumbing work performed pursuant
24 to the authorization of this subsection, or, in the case of
25 an owner of a single family residence under construction for
26 his or her occupancy, for a period of not less than 6 months
27 after the completion of construction of the residence.
28 Failure to possess and live in the premises as a sole and
29 exclusive residence for a period of 6 months or more shall
30 create a rebuttable presumption of a lack of such intention.
31 (3) The employees of a firm, association, partnership or
32 corporation who engage in plumbing shall be licensed plumbers
33 or licensed apprentice plumbers. At least one member of every
34 firm, association or partnership engaged in plumbing work,
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1 and at least one corporate officer of every corporation
2 engaged in plumbing work, as the case may be, shall be a
3 licensed plumber. A retired plumber cannot fulfill the
4 requirements of this subsection (3).
5 Notwithstanding the provisions of this subsection (3), it
6 shall be lawful for an irrigation contractor registered under
7 Section 2.5 of this Act to employ or contract with one or
8 more licensed plumbers in connection with work on lawn
9 sprinkler systems pursuant to Section 2.5 of this Act.
10 (4) (a) A licensed apprentice plumber shall plan, design
11 and install plumbing only under the supervision of the
12 sponsor or his or her agent who is also an Illinois
13 licensed plumber.
14 (b) An applicant for licensing as an apprentice
15 plumber shall be at least 16 years of age and apply on
16 the application form provided by the Department. Such
17 application shall verify that the applicant is sponsored
18 by an Illinois licensed plumber or an approved
19 apprenticeship program and shall contain the name and
20 license number of the licensed plumber or program
21 sponsor.
22 (c) No licensed plumber shall sponsor more than 2
23 licensed apprentice plumbers at the same time. If 2
24 licensed apprentice plumbers are sponsored by a plumber
25 at the same time, one of the apprentices must have, at a
26 minimum, 2 years experience as a licensed apprentice. No
27 licensed plumber sponsor or his or her agent may
28 supervise 2 licensed apprentices with less than 2 years
29 experience at the same time. The sponsor or agent shall
30 supervise and be responsible for the plumbing performed
31 by a licensed apprentice.
32 (d) No agent shall supervise more than 2 licensed
33 apprentices at the same time.
34 (e) No licensed plumber may, in any capacity,
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1 supervise more than 2 licensed apprentice plumbers at the
2 same time.
3 (f) No approved apprenticeship program may sponsor
4 more licensed apprentices than 2 times the number of
5 licensed plumbers available to supervise those licensed
6 apprentices.
7 (g) No approved apprenticeship program may sponsor
8 more licensed apprentices with less than 2 years
9 experience than it has licensed plumbers available to
10 supervise those licensed apprentices.
11 (h) No individual shall work as an apprentice
12 plumber unless he or she is properly licensed under this
13 Act. The Department shall issue an apprentice plumber's
14 license to each approved applicant.
15 (i) No licensed apprentice plumber shall serve more
16 than a 6 year licensed apprenticeship period. If, upon
17 completion of a 6 year licensed apprenticeship period,
18 such licensed apprentice plumber does not apply for the
19 examination for a plumber's license and successfully pass
20 the examination for a plumber's license, his or her
21 apprentice plumber's license shall not be renewed.
22 Nothing contained in P.A. 83-878, entitled "An Act in
23 relation to professions", approved September 26, 1983, was
24 intended by the General Assembly nor should it be construed
25 to require the employees of a governmental unit or privately
26 owned municipal water supplier who operate, maintain or
27 repair a water or sewer plant facility which is owned or
28 operated by such governmental unit or privately owned
29 municipal water supplier to be licensed plumbers under this
30 Act. In addition, nothing contained in P.A. 83-878 was
31 intended by the General Assembly nor should it be construed
32 to permit persons other than licensed plumbers to perform the
33 installation, repair, maintenance or replacement of plumbing
34 fixtures, such as toilet facilities, floor drains, showers
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1 and lavatories, and the piping attendant to those fixtures,
2 within such facility or in the construction of a new
3 facility.
4 Nothing contained in P.A. 83-878, entitled "An Act in
5 relation to professions", approved September 26, 1983, was
6 intended by the General Assembly nor should it be construed
7 to require the employees of a governmental unit or privately
8 owned municipal water supplier who install, repair or
9 maintain water service lines from water mains in the street,
10 alley or curb line to private property lines and who install,
11 repair or maintain water meters to be licensed plumbers under
12 this Act if such work was customarily performed prior to the
13 effective date of such Act by employees of such governmental
14 unit or privately owned municipal water supplier who were not
15 licensed plumbers. Any such work which was customarily
16 performed prior to the effective date of such Act by persons
17 who were licensed plumbers or subcontracted to persons who
18 were licensed plumbers must continue to be performed by
19 persons who are licensed plumbers or subcontracted to persons
20 who are licensed plumbers. When necessary under this Act,
21 the Department shall make the determination whether or not
22 persons who are licensed plumbers customarily performed such
23 work.
24 (Source: P.A. 91-91, eff. 1-1-00.)
25 (225 ILCS 320/16.1 new)
26 Sec. 16.1. Local ordinances; irrigation contractors.
27 (1) Any city, village, or incorporated town having a
28 population of 500,000 or more may, by an ordinance containing
29 provisions substantially the same as those in this Act with
30 respect to the registration of irrigation contractors,
31 provide for the registration of irrigation contractors within
32 such city, village, or incorporated town. Upon the enactment
33 of the ordinance, the provisions of this Act relating to
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1 irrigation contractors shall not apply within any such
2 municipality except as otherwise provided herein.
3 (2) Any person registered as an irrigation contractor
4 pursuant to such ordinance, or registered by the Department
5 under this Act, may install or supervise the installation of
6 lawn sprinkler systems anywhere in this State.
7 (3) Any municipality enacting an ordinance pursuant to
8 this Section shall maintain a current record similar to that
9 required of the Department by Section 2.5 of this Act, and
10 shall provide the Department with a copy thereof. The
11 Department shall be advised of changes in such record at
12 least every 6 months.
13 (225 ILCS 320/19) (from Ch. 111, par. 1118)
14 Sec. 19. The Director, after notice and opportunity for
15 hearing to the applicant, or license holder, or registrant,
16 may deny, suspend, or revoke a license or registration in any
17 case in which he or she finds that there has been a
18 substantial failure to comply with the provisions of this Act
19 or the standards, rules, and regulations established under
20 this Act.
21 Notice shall be provided by certified mail or by personal
22 service setting forth the particular reasons for the proposed
23 action and fixing a date, not less than 20 days from the date
24 of the mailing or service, within which time the applicant or
25 license holder must request in writing a hearing. Failure to
26 serve upon the Department a request for hearing in writing
27 within the time provided in the notice shall constitute a
28 waiver of the person's right to an administrative hearing.
29 The hearing shall be conducted by the Director or by an
30 individual designated in writing by the Director as a hearing
31 officer to conduct the hearing. The Director or hearing
32 officer shall give written notice of the time and place of
33 the hearing, by certified mail or personal service, to the
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1 applicant, or license holder, or registrant at least 10 days
2 prior to the hearing. On the basis of the hearing, or upon
3 default of the applicant, or license holder, or registrant,
4 the Director shall make a determination specifying his or her
5 findings and conclusions. A copy of the determination shall
6 be sent by certified mail or served personally upon the
7 applicant, or license holder, or registrant. The decision of
8 the Director shall be final on issues of fact and final in
9 all respects unless judicial review is sought as provided in
10 this Act.
11 The procedure governing hearings authorized by this
12 Section shall be in accordance with rules promulgated by the
13 Department. A full and complete record shall be kept of all
14 proceedings, including the notice of hearing, complaint, and
15 all other documents in the nature of pleadings, written
16 motions filed in the proceedings, and the report and orders
17 of the Director and hearing officer.
18 The Department at its expense shall provide a court
19 reporter to take testimony. Technical error in the
20 proceedings before the Department or hearing officer or their
21 failure to observe the technical rules of evidence shall not
22 be grounds for the reversal of any administrative decision
23 unless it appears to the Court that such error or failure
24 materially affects the rights of any party and results in
25 substantial injustice to them.
26 The Department or hearing officer, or any parties in an
27 investigation or hearing before the Department, may cause the
28 depositions of witnesses within the State to be taken in the
29 manner prescribed by law for depositions in civil actions in
30 courts of this State, and compel the attendance of witnesses
31 and the production of books, papers, records, or memoranda.
32 The Department shall not be required to certify any
33 record to the Court or file any answer in Court or otherwise
34 appear in any Court in a judicial review proceeding, unless
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1 there is filed in the Court with the complaint a receipt from
2 the Department acknowledging payment of the costs of
3 furnishing and certifying the record. Such cost shall be
4 paid by the party requesting a copy of the record. Failure
5 on the part of the person requesting a copy of the record to
6 pay the cost shall be grounds for dismissal of the action.
7 (Source: P.A. 87-885.)
8 (225 ILCS 320/29.5)
9 Sec. 29.5. Unlicensed practice; violation; civil
10 penalty.
11 (a) A person who practices, offers to practice, attempts
12 to practice, or holds himself or herself out to practice as a
13 plumber without being licensed under this Act, or as an
14 irrigation contractor without being registered under this
15 Act, shall, in addition to any other penalty provided by law,
16 pay a civil penalty to the Department in an amount not to
17 exceed $5,000 for each offense as determined by the
18 Department. The civil penalty shall be assessed by the
19 Department after a hearing is held in accordance with the
20 provisions set forth in this Act regarding the provision of a
21 hearing for the discipline of a licensee.
22 (b) The Department has the authority and power to
23 investigate any person who practices, offers to practice,
24 attempts to practice, or holds himself or herself out to
25 practice as a plumber without being licensed under this Act,
26 or as an irrigation contractor without being registered under
27 this Act.
28 (c) The civil penalty shall be paid within 60 days after
29 the effective date of the order imposing the civil penalty.
30 The order shall constitute a judgment and may be filed and
31 execution had on the judgment in the same manner as a
32 judgment from a court of record. All fines and penalties
33 collected by the Department under this Section of the Act and
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1 accrued interest shall be deposited into the Plumbing
2 Licensure and Program Fund for use by the Department in
3 performing activities relating to the administration and
4 enforcement of this Act.
5 (Source: P.A. 90-714, eff. 8-7-98.)
6 (225 ILCS 320/30) (from Ch. 111, par. 1129)
7 Sec. 30. (1) The Department shall, by rule, establish a
8 schedule of fees for examination, registration, and licensure
9 sufficient to offset a portion of the costs of administration
10 and enforcement of this Act.
11 (2) The Department may, by rule, establish a schedule of
12 fees for the publication and mailing of the Illinois State
13 Plumbing Code.
14 (Source: P.A. 87-885.)
15 (225 ILCS 320/42)
16 Sec. 42. Home rule. Pursuant to paragraph (h) of Section
17 6 of Article VII of the Illinois Constitution of 1970 the
18 power to regulate the licensing of plumbers, and the
19 promulgation of a minimum plumbing code of standards, and the
20 power to regulate the registration of irrigation contractors
21 shall, except as may otherwise be provided within and
22 pursuant to the provisions of Section 16 and Section 16.1 of
23 this Act, be exercised by the State and may not be exercised
24 by any unit of local government, including home rule units.
25 (Source: P.A. 83-878.)
26 Section 99. Effective date. This Act takes effect upon
27 becoming law.".