[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Enrolled ] | [ House Amendment 002 ] |
| [ Senate Amendment 001 ] | [ Conference Committee Report 001 ] |
91_SB0457eng SB457 Engrossed LRB9100612ACdvA 1 AN ACT to amend the Illinois Plumbing License Law. 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, and 19 and adding Section 2.5 as 6 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 SB457 Engrossed -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 registered person 7 authorized to install or supervise the installation of lawn 8 irrigation systems. 9 "Lawn irrigationsprinklersystem" means any underground 10 irrigation system of lawn, shrubbery and other vegetation 11 from any potable water sources; and from any water sources, 12 whether or not potable, in: (i) any county with a population 13 of 3,000,000 or more; (ii) any county with a population of 14 275,000 or more which is contiguous in whole or in part to a 15 county with a population of 3,000,000 or more; and (iii) any 16 county with a population of 37,000 or more but less than 17 150,000 which is contiguous to 2 or more counties with 18 respective populations in excess of 275,000. Such system 19 includes without limitation the water supply piping, valves 20 and sprinkler heads or other irrigation outlets. "Lawn 21 irrigationsprinklersystem" does not include an irrigation 22 system used primarily for agricultural purposes, including 23 irrigation systems used at nurseries, garden centers, and 24 landscape holding yards for production and maintenance of 25 plant materials. 26 "Person" means any natural person, firm, corporation, 27 partnership, or association. 28 "Plumber" means any licensed person authorized to perform 29 plumbing as defined in this Act, but does not include retired 30 plumbers as defined in this Act. 31 "Plumbing" means the actual installation, repair, 32 maintenance, alteration or extension of a plumbing system by 33 any person. 34 "Plumbing" includes all piping, fixtures, appurtenances SB457 Engrossed -3- LRB9100612ACdvA 1 and appliances for a supply of water for all purposes, 2 including without limitation backflow prevention devices 3 between a lawn irrigation system andsprinkler systems, from4 the source of a private water supply on the premises or from 5 the main in the street, alley or at the curb to, within and 6 about any building or buildings where a person or persons 7 live, work or assemble. 8 "Plumbing" includes all piping, from discharge of pumping 9 units to and including pressure tanks in water supply 10 systems. 11 "Plumbing" includes all piping, fixtures, appurtenances, 12 and appliances for a building drain and a sanitary drainage 13 and related ventilation system of any building or buildings 14 where a person or persons live, work or assemble from the 15 point of connection of such building drain to the building 16 sewer or private sewage disposal system 5 feet beyond the 17 foundation walls. 18 "Plumbing" does not mean or include the trade of 19 installing or maintaining lawn irrigation systems connected 20 to properly installed backflow prevention devices, the trade 21 of drain-laying, the trade of drilling water wells which 22 constitute the sources of private water supplies, and of 23 making connections between such wells and pumping units in 24 the water supply systems of buildings served by such private 25 water supplies, or the business of installing water softening 26 equipment and of maintaining and servicing the same, or the 27 business of manufacturing or selling plumbing fixtures, 28 appliances, equipment or hardware, or to the installation and 29 servicing of electrical equipment sold by a not-for-profit 30 corporation providing electrification on a cooperative basis, 31 that either on or before January 1, 1971, is or has been 32 financed in whole or in part under the federal"Rural 33 Electrification Act of 1936"and the Acts amendatory thereof 34 and supplementary thereto, to its members for use on farms SB457 Engrossed -4- LRB9100612ACdvA 1 owned by individuals or operated by individuals, nor does it 2 mean or include minor repairs which do not require changes in 3 the piping to or from plumbing fixtures or involve the 4 removal, replacement, installation or re-installation of any 5 pipe or plumbing fixtures. Plumbing does not include the 6 installation, repair, maintenance, alteration or extension of 7 building sewers. 8 "Plumbing fixtures" means installed receptacles, devices 9 or appliances that are supplied with water or that receive or 10 discharge liquids or liquid borne wastes, with or without 11 discharge into the drainage system with which they may be 12 directly or indirectly connected. "Plumbing fixtures" does 13 not include lawn irrigation systems that are properly 14 connected to backflow prevention devices. 15 "Plumbing system" means the water service, water supply 16 and distribution pipes; plumbing fixtures and traps; soil, 17 waste and vent pipes; building drains; including their 18 respective connections, devices and appurtenances. "Plumbing 19 system" does not include building sewers as defined in this 20 Act or lawn irrigation systems that are properly connected to 21 backflow prevention devices. 22 "Retired plumber" means any licensed plumber in good 23 standing who meets the requirements of this Act and the 24 requirements prescribed by Department rule to be licensed as 25 a retired plumber and voluntarily surrenders his plumber's 26 license to the Department, in exchange for a retired 27 plumber's license. Retired plumbers cannot perform plumbing 28 as defined in this Act, cannot sponsor or supervise 29 apprentice plumbers, and cannot inspect plumbing under this 30 Act. A retired plumber cannot fulfill the requirements of 31 subsection (3) of Section 3 of this Act. 32 "Supervision" with respect to first and second year 33 licensed apprentice plumbers means that such apprentices must 34 perform all designing and planning of plumbing systems and SB457 Engrossed -5- LRB9100612ACdvA 1 all plumbing as defined in this Act under the direct personal 2 supervision of the sponsor or his or her agent who must also 3 be an Illinois licensed plumber, except for maintenance and 4 repair work on existing plumbing systems done by second year 5 apprentice plumbers; provided that before performing any 6 maintenance and repair work without such supervision, such 7 apprentice has received the minimum number of hours of annual 8 classroom instruction recommended by the United States 9 Department of Labor's Bureau of Apprenticeship and Training 10 for apprentice plumbers in a Bureau of Apprenticeship and 11 Training approved plumber apprenticeship program or its 12 equivalent. "Supervision" with respect to all other 13 apprentice plumbers means that, except for maintenance and 14 repair work on existing plumbing systems, any plumbing done 15 by such apprentices must be inspected daily, after initial 16 rough-in and after completion by the sponsor or his or her 17 agent who is also an Illinois licensed plumber. In addition, 18 all repair and maintenance work done by a licensed apprentice 19 plumber on an existing plumbing system must be approved by 20 the sponsor or his or her agent who is also an Illinois 21 licensed plumber. 22 "Sponsor" is an Illinois licensed plumber or an approved 23 apprenticeship program that has accepted an individual as an 24 Illinois licensed apprentice plumber for education and 25 training in the field of plumbing and whose name and license 26 number or apprenticeship program number shall appear on the 27 individual's application for an apprentice plumber's license. 28 "Sponsored" means that each Illinois licensed apprentice 29 plumber has been accepted by an Illinois licensed plumber or 30 an approved apprenticeship program for apprenticeship 31 training. 32 (Source: P.A. 89-665, eff. 8-14-96.) 33 (220 ILCS 320/2.5 new) SB457 Engrossed -6- LRB9100612ACdvA 1 Sec. 2.5. Lawn irrigation systems. Every irrigation 2 contractor shall annually register with the Department. The 3 annual registration fee shall be $50. Every irrigation 4 contractor shall provide to the Department his or her 5 business name and address, telephone number, name of 6 principal, and FEIN number. 7 No person shall attach any fixtures intended to supply 8 water for human consumption to a lawn irrigation system. 9 No person shall attach any fixtures to a lawn irrigation 10 system, other than the backflow prevention device, the 11 sprinkler heads, the valves, and other such parts integral to 12 the operation of the system, unless the fixtures are clearly 13 marked as being for non-potable uses only. 14 A licensed plumber or licensed apprentice plumber shall 15 make the physical connection between a lawn irrigation system 16 and the backflow prevention device and shall also inspect the 17 system to (i) ensure the provisions of this Section have been 18 met and (ii) that the system works mechanically. 19 Licensed plumbers and licensed apprentice plumbers are 20 authorized to install and maintain lawn irrigation systems 21 without registration under this Section. 22 (225 ILCS 320/3) (from Ch. 111, par. 1103) 23 Sec. 3. (1) All planning and designing of plumbing 24 systems and all plumbing shall be performed only by plumbers 25 licensed under the provisions of this Act hereinafter called 26 "licensed plumbers" and "licensed apprentice plumbers". The 27 inspection of plumbing and plumbing systems shall be done 28 only by the sponsor or his or her agent who shall be an 29 Illinois licensed plumber. Nothing herein contained shall 30 prohibit licensed plumbers or licensed apprentice plumbers 31 under supervision from planning, designing, inspecting, 32 installing, repairing, maintaining, altering or extending 33 building sewers in accordance with this Act. No person who 34 holds a license or certificate of registration under the SB457 Engrossed -7- LRB9100612ACdvA 1 Illinois Architecture Practice Act of 1989, or the Structural 2 Engineering Licensing Act of 1989, or the Professional 3 Engineering Practice Act of 1989 shall be prevented from 4 planning and designing plumbing systems. 5 (2) Nothing herein contained shall prohibit the owner 6 occupant or lessee occupant of a single family residence, or 7 the owner of a single family residence under construction for 8 his or her occupancy, from planning, installing, altering or 9 repairing the plumbing system or lawn irrigation system of 10 such residence, provided that (i) such plumbing shall comply 11 with the minimum standards for plumbing contained in the 12 Illinois State Plumbing Code, and shall be subject to 13 inspection by the Department or the local governmental unit 14 if it retains a licensed plumber as an inspector; and (ii) 15 such owner, owner occupant or lessee occupant shall not 16 employ other than a plumber licensed pursuant to this Act to 17 assist him or her. 18 For purposes of this subsection, a person shall be 19 considered an "occupant" if and only if he or she has taken 20 possession of and is living in the premises as his or her 21 bona fide sole and exclusive residence, or, in the case of 22 an owner of a single family residence under construction for 23 his or her occupancy, he or she expects to take possession of 24 and live in the premises as his or her bona fide sole and 25 exclusive residence, and he or she has a current intention to 26 live in such premises as his or her bona fide sole and 27 exclusive residence for a period of not less than 6 months 28 after the completion of the plumbing work performed pursuant 29 to the authorization of this subsection, or, in the case of 30 an owner of a single family residence under construction for 31 his or her occupancy, for a period of not less than 6 months 32 after the completion of construction of the residence. 33 Failure to possess and live in the premises as a sole and 34 exclusive residence for a period of 6 months or more shall SB457 Engrossed -8- LRB9100612ACdvA 1 create a rebuttable presumption of a lack of such intention. 2 (3) The employees of a firm, association, partnership or 3 corporation who engage in plumbing shall be licensed plumbers 4 or licensed apprentice plumbers. At least one member of every 5 firm, association or partnership engaged in plumbing work, 6 and at least one corporate officer of every corporation 7 engaged in plumbing work, as the case may be, shall be a 8 licensed plumber. A retired plumber cannot fulfill the 9 requirements of this subsection (3). 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, SB457 Engrossed -9- LRB9100612ACdvA 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 SB457 Engrossed -10- LRB9100612ACdvA 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. 89-665, eff. 8-14-96.) 25 (225 ILCS 320/19) (from Ch. 111, par. 1118) 26 Sec. 19. The Director, after notice and opportunity for 27 hearing to the applicant,orlicense holder, or registrant, 28 may deny, suspend, or revoke a license or registration in any 29 case in which he or she finds that there has been a 30 substantial failure to comply with the provisions of this Act 31 or the standards, rules, and regulations established under 32 this Act. 33 Notice shall be provided by certified mail or by personal SB457 Engrossed -11- LRB9100612ACdvA 1 service setting forth the particular reasons for the proposed 2 action and fixing a date, not less than 20 days from the date 3 of the mailing or service, within which time the applicant or 4 license holder must request in writing a hearing. Failure to 5 serve upon the Department a request for hearing in writing 6 within the time provided in the notice shall constitute a 7 waiver of the person's right to an administrative hearing. 8 The hearing shall be conducted by the Director or by an 9 individual designated in writing by the Director as a hearing 10 officer to conduct the hearing. The Director or hearing 11 officer shall give written notice of the time and place of 12 the hearing, by certified mail or personal service, to the 13 applicant,orlicense holder, or registrant at least 10 days 14 prior to the hearing. On the basis of the hearing, or upon 15 default of the applicant,orlicense holder, or registrant, 16 the Director shall make a determination specifying his or her 17 findings and conclusions. A copy of the determination shall 18 be sent by certified mail or served personally upon the 19 applicant,orlicense holder, or registrant. The decision of 20 the Director shall be final on issues of fact and final in 21 all respects unless judicial review is sought as provided in 22 this Act. 23 The procedure governing hearings authorized by this 24 Section shall be in accordance with rules promulgated by the 25 Department. A full and complete record shall be kept of all 26 proceedings, including the notice of hearing, complaint, and 27 all other documents in the nature of pleadings, written 28 motions filed in the proceedings, and the report and orders 29 of the Director and hearing officer. 30 The Department at its expense shall provide a court 31 reporter to take testimony. Technical error in the 32 proceedings before the Department or hearing officer or their 33 failure to observe the technical rules of evidence shall not 34 be grounds for the reversal of any administrative decision SB457 Engrossed -12- LRB9100612ACdvA 1 unless it appears to the Court that such error or failure 2 materially affects the rights of any party and results in 3 substantial injustice to them. 4 The Department or hearing officer, or any parties in an 5 investigation or hearing before the Department, may cause the 6 depositions of witnesses within the State to be taken in the 7 manner prescribed by law for depositions in civil actions in 8 courts of this State, and compel the attendance of witnesses 9 and the production of books, papers, records, or memoranda. 10 The Department shall not be required to certify any 11 record to the Court or file any answer in Court or otherwise 12 appear in any Court in a judicial review proceeding, unless 13 there is filed in the Court with the complaint a receipt from 14 the Department acknowledging payment of the costs of 15 furnishing and certifying the record. Such cost shall be 16 paid by the party requesting a copy of the record. Failure 17 on the part of the person requesting a copy of the record to 18 pay the cost shall be grounds for dismissal of the action. 19 (Source: P.A. 87-885.) 20 Section 99. Effective date. This Act takes effect upon 21 becoming law.