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91_SB0457sam001
LRB9100612ACpram
1 AMENDMENT TO SENATE BILL 457
2 AMENDMENT NO. . Amend Senate Bill 457, by replacing
3 the title with the following:
4 "AN ACT to amend the Illinois Plumbing License Law."; 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, and 19 and adding Section 2.5 as
9 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 registered person
20 authorized to install or supervise the installation of lawn
21 irrigation systems.
22 "Lawn irrigation sprinkler system" means any underground
23 irrigation system of lawn, shrubbery and other vegetation
24 from any potable water sources; and from any water sources,
25 whether or not potable, in: (i) any county with a population
26 of 3,000,000 or more; (ii) any county with a population of
27 275,000 or more which is contiguous in whole or in part to a
28 county with a population of 3,000,000 or more; and (iii) any
29 county with a population of 37,000 or more but less than
30 150,000 which is contiguous to 2 or more counties with
31 respective populations in excess of 275,000. Such system
32 includes without limitation the water supply piping, valves
33 and sprinkler heads or other irrigation outlets. "Lawn
34 irrigation sprinkler system" does not include an irrigation
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1 system used primarily for agricultural purposes, including
2 irrigation systems used at nurseries, garden centers, and
3 landscape holding yards for production and maintenance of
4 plant materials.
5 "Person" means any natural person, firm, corporation,
6 partnership, or association.
7 "Plumber" means any licensed person authorized to perform
8 plumbing as defined in this Act, but does not include retired
9 plumbers as defined in this Act.
10 "Plumbing" means the actual installation, repair,
11 maintenance, alteration or extension of a plumbing system by
12 any person.
13 "Plumbing" includes all piping, fixtures, appurtenances
14 and appliances for a supply of water for all purposes,
15 including without limitation backflow prevention devices
16 between a lawn irrigation system and sprinkler systems, from
17 the source of a private water supply on the premises or from
18 the main in the street, alley or at the curb to, within and
19 about any building or buildings where a person or persons
20 live, work or assemble.
21 "Plumbing" includes all piping, from discharge of pumping
22 units to and including pressure tanks in water supply
23 systems.
24 "Plumbing" includes all piping, fixtures, appurtenances,
25 and appliances for a building drain and a sanitary drainage
26 and related ventilation system of any building or buildings
27 where a person or persons live, work or assemble from the
28 point of connection of such building drain to the building
29 sewer or private sewage disposal system 5 feet beyond the
30 foundation walls.
31 "Plumbing" does not mean or include the trade of
32 installing or maintaining lawn irrigation systems connected
33 to properly installed backflow prevention devices, the trade
34 of drain-laying, the trade of drilling water wells which
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1 constitute the sources of private water supplies, and of
2 making connections between such wells and pumping units in
3 the water supply systems of buildings served by such private
4 water supplies, or the business of installing water softening
5 equipment and of maintaining and servicing the same, or the
6 business of manufacturing or selling plumbing fixtures,
7 appliances, equipment or hardware, or to the installation and
8 servicing of electrical equipment sold by a not-for-profit
9 corporation providing electrification on a cooperative basis,
10 that either on or before January 1, 1971, is or has been
11 financed in whole or in part under the federal "Rural
12 Electrification Act of 1936" and the Acts amendatory thereof
13 and supplementary thereto, to its members for use on farms
14 owned by individuals or operated by individuals, nor does it
15 mean or include minor repairs which do not require changes in
16 the piping to or from plumbing fixtures or involve the
17 removal, replacement, installation or re-installation of any
18 pipe or plumbing fixtures. Plumbing does not include the
19 installation, repair, maintenance, alteration or extension of
20 building sewers.
21 "Plumbing fixtures" means installed receptacles, devices
22 or appliances that are supplied with water or that receive or
23 discharge liquids or liquid borne wastes, with or without
24 discharge into the drainage system with which they may be
25 directly or indirectly connected. "Plumbing fixtures" does
26 not include lawn irrigation systems that are properly
27 connected to backflow prevention devices.
28 "Plumbing system" means the water service, water supply
29 and distribution pipes; plumbing fixtures and traps; soil,
30 waste and vent pipes; building drains; including their
31 respective connections, devices and appurtenances. "Plumbing
32 system" does not include building sewers as defined in this
33 Act or lawn irrigation systems that are properly connected to
34 backflow prevention devices.
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1 "Retired plumber" means any licensed plumber in good
2 standing who meets the requirements of this Act and the
3 requirements prescribed by Department rule to be licensed as
4 a retired plumber and voluntarily surrenders his plumber's
5 license to the Department, in exchange for a retired
6 plumber's license. Retired plumbers cannot perform plumbing
7 as defined in this Act, cannot sponsor or supervise
8 apprentice plumbers, and cannot inspect plumbing under this
9 Act. A retired plumber cannot fulfill the requirements of
10 subsection (3) of Section 3 of this Act.
11 "Supervision" with respect to first and second year
12 licensed apprentice plumbers means that such apprentices must
13 perform all designing and planning of plumbing systems and
14 all plumbing as defined in this Act under the direct personal
15 supervision of the sponsor or his or her agent who must also
16 be an Illinois licensed plumber, except for maintenance and
17 repair work on existing plumbing systems done by second year
18 apprentice plumbers; provided that before performing any
19 maintenance and repair work without such supervision, such
20 apprentice has received the minimum number of hours of annual
21 classroom instruction recommended by the United States
22 Department of Labor's Bureau of Apprenticeship and Training
23 for apprentice plumbers in a Bureau of Apprenticeship and
24 Training approved plumber apprenticeship program or its
25 equivalent. "Supervision" with respect to all other
26 apprentice plumbers means that, except for maintenance and
27 repair work on existing plumbing systems, any plumbing done
28 by such apprentices must be inspected daily, after initial
29 rough-in and after completion by the sponsor or his or her
30 agent who is also an Illinois licensed plumber. In addition,
31 all repair and maintenance work done by a licensed apprentice
32 plumber on an existing plumbing system must be approved by
33 the sponsor or his or her agent who is also an Illinois
34 licensed plumber.
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1 "Sponsor" is an Illinois licensed plumber or an approved
2 apprenticeship program that has accepted an individual as an
3 Illinois licensed apprentice plumber for education and
4 training in the field of plumbing and whose name and license
5 number or apprenticeship program number shall appear on the
6 individual's application for an apprentice plumber's license.
7 "Sponsored" means that each Illinois licensed apprentice
8 plumber has been accepted by an Illinois licensed plumber or
9 an approved apprenticeship program for apprenticeship
10 training.
11 (Source: P.A. 89-665, eff. 8-14-96.)
12 (220 ILCS 320/2.5 new)
13 Sec. 2.5. Lawn irrigation systems. Every irrigation
14 contractor shall annually register with the Department. The
15 annual registration fee shall be $50. Every irrigation
16 contractor shall provide to the Department his or her
17 business name and address, telephone number, name of
18 principal, and FEIN number.
19 No person shall attach any fixtures intended to supply
20 water for human consumption to a lawn irrigation system.
21 No person shall attach any fixtures to a lawn irrigation
22 system, other than the backflow prevention device, the
23 sprinkler heads, the valves, and other such parts integral to
24 the operation of the system, unless the fixtures are clearly
25 marked as being for non-potable uses only.
26 A licensed plumber or licensed apprentice plumber shall
27 make the physical connection between a lawn irrigation system
28 and the backflow prevention device and shall also inspect the
29 system to (i) ensure the provisions of this Section have been
30 met and (ii) that the system works mechanically.
31 Licensed plumbers and licensed apprentice plumbers are
32 authorized to install and maintain lawn irrigation systems
33 without registration under this Section.
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1 (225 ILCS 320/3) (from Ch. 111, par. 1103)
2 Sec. 3. (1) All planning and designing of plumbing
3 systems and all plumbing shall be performed only by plumbers
4 licensed under the provisions of this Act hereinafter called
5 "licensed plumbers" and "licensed apprentice plumbers". The
6 inspection of plumbing and plumbing systems shall be done
7 only by the sponsor or his or her agent who shall be an
8 Illinois licensed plumber. Nothing herein contained shall
9 prohibit licensed plumbers or licensed apprentice plumbers
10 under supervision from planning, designing, inspecting,
11 installing, repairing, maintaining, altering or extending
12 building sewers in accordance with this Act. No person who
13 holds a license or certificate of registration under the
14 Illinois Architecture Practice Act of 1989, or the Structural
15 Engineering Licensing Act of 1989, or the Professional
16 Engineering Practice Act of 1989 shall be prevented from
17 planning and designing plumbing systems.
18 (2) Nothing herein contained shall prohibit the owner
19 occupant or lessee occupant of a single family residence, or
20 the owner of a single family residence under construction for
21 his or her occupancy, from planning, installing, altering or
22 repairing the plumbing system or lawn irrigation system of
23 such residence, provided that (i) such plumbing shall comply
24 with the minimum standards for plumbing contained in the
25 Illinois State Plumbing Code, and shall be subject to
26 inspection by the Department or the local governmental unit
27 if it retains a licensed plumber as an inspector; and (ii)
28 such owner, owner occupant or lessee occupant shall not
29 employ other than a plumber licensed pursuant to this Act to
30 assist him or her.
31 For purposes of this subsection, a person shall be
32 considered an "occupant" if and only if he or she has taken
33 possession of and is living in the premises as his or her
34 bona fide sole and exclusive residence, or, in the case of
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1 an owner of a single family residence under construction for
2 his or her occupancy, he or she expects to take possession of
3 and live in the premises as his or her bona fide sole and
4 exclusive residence, and he or she has a current intention to
5 live in such premises as his or her bona fide sole and
6 exclusive residence for a period of not less than 6 months
7 after the completion of the plumbing work performed pursuant
8 to the authorization of this subsection, or, in the case of
9 an owner of a single family residence under construction for
10 his or her occupancy, for a period of not less than 6 months
11 after the completion of construction of the residence.
12 Failure to possess and live in the premises as a sole and
13 exclusive residence for a period of 6 months or more shall
14 create a rebuttable presumption of a lack of such intention.
15 (3) The employees of a firm, association, partnership or
16 corporation who engage in plumbing shall be licensed plumbers
17 or licensed apprentice plumbers. At least one member of every
18 firm, association or partnership engaged in plumbing work,
19 and at least one corporate officer of every corporation
20 engaged in plumbing work, as the case may be, shall be a
21 licensed plumber. A retired plumber cannot fulfill the
22 requirements of this subsection (3).
23 (4) (a) A licensed apprentice plumber shall plan, design
24 and install plumbing only under the supervision of the
25 sponsor or his or her agent who is also an Illinois
26 licensed plumber.
27 (b) An applicant for licensing as an apprentice
28 plumber shall be at least 16 years of age and apply on
29 the application form provided by the Department. Such
30 application shall verify that the applicant is sponsored
31 by an Illinois licensed plumber or an approved
32 apprenticeship program and shall contain the name and
33 license number of the licensed plumber or program
34 sponsor.
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1 (c) No licensed plumber shall sponsor more than 2
2 licensed apprentice plumbers at the same time. If 2
3 licensed apprentice plumbers are sponsored by a plumber
4 at the same time, one of the apprentices must have, at a
5 minimum, 2 years experience as a licensed apprentice. No
6 licensed plumber sponsor or his or her agent may
7 supervise 2 licensed apprentices with less than 2 years
8 experience at the same time. The sponsor or agent shall
9 supervise and be responsible for the plumbing performed
10 by a licensed apprentice.
11 (d) No agent shall supervise more than 2 licensed
12 apprentices at the same time.
13 (e) No licensed plumber may, in any capacity,
14 supervise more than 2 licensed apprentice plumbers at the
15 same time.
16 (f) No approved apprenticeship program may sponsor
17 more licensed apprentices than 2 times the number of
18 licensed plumbers available to supervise those licensed
19 apprentices.
20 (g) No approved apprenticeship program may sponsor
21 more licensed apprentices with less than 2 years
22 experience than it has licensed plumbers available to
23 supervise those licensed apprentices.
24 (h) No individual shall work as an apprentice
25 plumber unless he or she is properly licensed under this
26 Act. The Department shall issue an apprentice plumber's
27 license to each approved applicant.
28 (i) No licensed apprentice plumber shall serve more
29 than a 6 year licensed apprenticeship period. If, upon
30 completion of a 6 year licensed apprenticeship period,
31 such licensed apprentice plumber does not apply for the
32 examination for a plumber's license and successfully pass
33 the examination for a plumber's license, his or her
34 apprentice plumber's license shall not be renewed.
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1 Nothing contained in P.A. 83-878, entitled "An Act in
2 relation to professions", approved September 26, 1983, was
3 intended by the General Assembly nor should it be construed
4 to require the employees of a governmental unit or privately
5 owned municipal water supplier who operate, maintain or
6 repair a water or sewer plant facility which is owned or
7 operated by such governmental unit or privately owned
8 municipal water supplier to be licensed plumbers under this
9 Act. In addition, nothing contained in P.A. 83-878 was
10 intended by the General Assembly nor should it be construed
11 to permit persons other than licensed plumbers to perform the
12 installation, repair, maintenance or replacement of plumbing
13 fixtures, such as toilet facilities, floor drains, showers
14 and lavatories, and the piping attendant to those fixtures,
15 within such facility or in the construction of a new
16 facility.
17 Nothing contained in P.A. 83-878, entitled "An Act in
18 relation to professions", approved September 26, 1983, was
19 intended by the General Assembly nor should it be construed
20 to require the employees of a governmental unit or privately
21 owned municipal water supplier who install, repair or
22 maintain water service lines from water mains in the street,
23 alley or curb line to private property lines and who install,
24 repair or maintain water meters to be licensed plumbers under
25 this Act if such work was customarily performed prior to the
26 effective date of such Act by employees of such governmental
27 unit or privately owned municipal water supplier who were not
28 licensed plumbers. Any such work which was customarily
29 performed prior to the effective date of such Act by persons
30 who were licensed plumbers or subcontracted to persons who
31 were licensed plumbers must continue to be performed by
32 persons who are licensed plumbers or subcontracted to persons
33 who are licensed plumbers. When necessary under this Act,
34 the Department shall make the determination whether or not
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1 persons who are licensed plumbers customarily performed such
2 work.
3 (Source: P.A. 89-665, eff. 8-14-96.)
4 (225 ILCS 320/19) (from Ch. 111, par. 1118)
5 Sec. 19. The Director, after notice and opportunity for
6 hearing to the applicant, or license holder, or registrant,
7 may deny, suspend, or revoke a license or registration in any
8 case in which he or she finds that there has been a
9 substantial failure to comply with the provisions of this Act
10 or the standards, rules, and regulations established under
11 this Act.
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 applicant or
16 license holder must request in writing a hearing. Failure to
17 serve upon the Department a request for hearing in writing
18 within the time provided in the notice shall constitute a
19 waiver of the person's right to an administrative hearing.
20 The hearing shall be conducted by the Director or by an
21 individual designated in writing by the Director as a hearing
22 officer to conduct the hearing. The Director or hearing
23 officer shall give written notice of the time and place of
24 the hearing, by certified mail or personal service, to the
25 applicant, or license holder, or registrant at least 10 days
26 prior to the hearing. On the basis of the hearing, or upon
27 default of the applicant, or license holder, or registrant,
28 the Director shall make a determination specifying his or her
29 findings and conclusions. A copy of the determination shall
30 be sent by certified mail or served personally upon the
31 applicant, or license holder, or registrant. The decision of
32 the Director shall be final on issues of fact and final in
33 all respects unless judicial review is sought as provided in
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1 this Act.
2 The procedure governing hearings authorized by this
3 Section shall be in accordance with rules promulgated by the
4 Department. A full and complete record shall be kept of all
5 proceedings, including the notice of hearing, complaint, and
6 all other documents in the nature of pleadings, written
7 motions filed in the proceedings, and the report and orders
8 of the Director and hearing officer.
9 The Department at its expense shall provide a court
10 reporter to take testimony. Technical error in the
11 proceedings before the Department or hearing officer or their
12 failure to observe the technical rules of evidence shall not
13 be grounds for the reversal of any administrative decision
14 unless it appears to the Court that such error or failure
15 materially affects the rights of any party and results in
16 substantial injustice to them.
17 The Department or hearing officer, or any parties in an
18 investigation or hearing before the Department, may cause the
19 depositions of witnesses within the State to be taken in the
20 manner prescribed by law for depositions in civil actions in
21 courts of this State, and compel the attendance of witnesses
22 and the production of books, papers, records, or memoranda.
23 The Department shall not be required to certify any
24 record to the Court or file any answer in Court or otherwise
25 appear in any Court in a judicial review proceeding, unless
26 there is filed in the Court with the complaint a receipt from
27 the Department acknowledging payment of the costs of
28 furnishing and certifying the record. Such cost shall be
29 paid by the party requesting a copy of the record. Failure
30 on the part of the person requesting a copy of the record to
31 pay the cost shall be grounds for dismissal of the action.
32 (Source: P.A. 87-885.)
33 Section 99. Effective date. This Act takes effect upon
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1 becoming law.".