Full Text of HB4411 93rd General Assembly
HB4411 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB4411
Introduced 02/03/04, by Angelo Saviano SYNOPSIS AS INTRODUCED: |
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225 ILCS 320/13.1 |
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225 ILCS 320/18 |
from Ch. 111, par. 1117 |
225 ILCS 320/37 |
from Ch. 111, par. 1135 |
225 ILCS 320/42 |
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Amends the
Illinois Plumbing License Law.
Provides that, in any municipality in a county with a population over 500,000,
a letter of
intent shall be included with all plumbing permit applications and that the
letter shall be written on the licensed plumber of record's personal stationary
and shall
include the license holder's signature and corporate seal. Preempts home rule.
Provides that persons who advertise plumbing services shall, at their place of
business, display the registration of at least one member of the business who
is registered as a plumbing contractor (rather than the licensed plumber's
license). Provides that an application for registration as a plumbing
contractor shall be filed on or before the last day of September (rather than
the last day of April) and that all plumbing contractor's registrations expire
on the last day of September (rather than the last day of April) of each year.
Provides that a city, village, or county that requires a permit for the
installation and repair of plumbing may issue that permit upon verification
that the applicant is the owner occupant of a single family residence that is
the subject of the permit. Makes changes concerning the amount of general
liability and workers compensation insurance coverage that a contractor must
carry. Effective immediately. |
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| HOME RULE NOTE ACT MAY APPLY | |
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A BILL FOR
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HB4411 |
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LRB093 17739 AMC 43418 b |
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| AN ACT concerning professional regulation.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Illinois Plumbing License Law is amended by | 5 |
| changing Section 13.1, 18, 37, and 42 as follows:
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| (225 ILCS 320/13.1)
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| Sec. 13.1. Plumbing contractors; registration; | 8 |
| applications.
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| (1) On and after May 1, 2002, all persons or corporations | 10 |
| desiring to
engage in
the
business of plumbing contractor, | 11 |
| other than any entity that maintains an
audited net worth of | 12 |
| shareholders' equity equal to or exceeding $100,000,000,
shall
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| register in accordance with the
provisions of this
Act.
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| (2) Application for registration shall be filed with the | 15 |
| Department each
year, on
or before the last day of September
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| April , in writing and on forms
prepared and
furnished by the | 17 |
| Department. All plumbing contractor registrations expire
on | 18 |
| the last
day of September
April of each year.
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| (3) Applications shall contain the name, address, and | 20 |
| telephone number of
the
person and the plumbing license of (i) | 21 |
| the individual, if a sole
proprietorship; (ii) the
partner, if | 22 |
| a partnership; or (iii) an officer, if a corporation. The
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| application shall contain
the business name, address, and | 24 |
| telephone number, a current copy of the
plumbing
license, and | 25 |
| any other information the Department may require by rule.
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| (4) Applicants shall submit an original certificate of | 27 |
| insurance
documenting that
the contractor carries general | 28 |
| liability insurance with a minimum of $100,000
per
occurrence, | 29 |
| bodily injury insurance with a minimum of $300,000 aggregate | 30 |
| for bodily injury
per occurrence ,
property damage insurance | 31 |
| with a minimum of $50,000 or a minimum of $300,000 combined | 32 |
| single limit , and workers compensation
insurance with a minimum |
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| $500,000 employer's liability . No registration may be issued in | 2 |
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absence of this
certificate. Certificates must be in force | 3 |
| at all times for registration to
remain valid.
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| (5) Applicants shall submit, on a form provided by the | 5 |
| Department, an
indemnification bond in the amount of $20,000 or | 6 |
| a letter of credit in the same
amount
for work performed in | 7 |
| accordance with this Act and the rules promulgated under
this | 8 |
| Act.
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| (6) All employees of a registered
plumbing
contractor who | 10 |
| engage in plumbing work shall be licensed plumbers or | 11 |
| apprentice
plumbers in accordance with this Act.
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| (7) Plumbing contractors shall submit an annual | 13 |
| registration fee in an
amount to
be established by rule.
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| (8) The Department shall be notified in advance of any | 15 |
| changes in the
business
structure, name, or location or of the | 16 |
| addition or deletion of the owner or
officer who is the
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| licensed plumber listed on the application. Failure to notify | 18 |
| the Department
of this
information is grounds for suspension or | 19 |
| revocation of the plumbing
contractor's
registration.
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| (9) In the event that the plumber's license on the | 21 |
| application for
registration of a
plumbing contractor is a | 22 |
| license issued by the City of Chicago, it shall be the
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| responsibility of the
applicant to forward a copy of the | 24 |
| plumber's license to the Department, noting
the name of the
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| registered
plumbing contractor, when it is renewed.
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| (Source: P.A. 92-338, eff. 8-10-01.)
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| (225 ILCS 320/18) (from Ch. 111, par. 1117)
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| Sec. 18. Local regulation; Department standards.
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| (1) It is hereby declared to be the policy of this State | 30 |
| that each
city, town, village, township or county with a
water | 31 |
| supply system or sewage disposal system or both should so soon | 32 |
| after
the enactment of this Act as practicable, with the advice | 33 |
| of the State
Department
of Public Health, provide by ordinance, | 34 |
| bylaws or rules and regulations for
the
materials, | 35 |
| construction, alteration, and inspection of all plumbing |
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| placed
in or in connection with any building in any such city, | 2 |
| town, village,
township,
or county and to provide
for and | 3 |
| appoint a competent Plumbing Inspector or more as required.
The | 4 |
| Department may by rule establish voluntary standards for the | 5 |
| content and
conduct of local plumbing regulation and inspection | 6 |
| programs and may evaluate
and certify local programs that are | 7 |
| in compliance with the voluntary standards.
The
Department may | 8 |
| by rule establish voluntary education, training, and
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| experience standards for Plumbing Inspectors and may certify | 10 |
| Plumbing
Inspectors who are in compliance with the voluntary | 11 |
| standards.
Nothing
contained in this Act shall prohibit any | 12 |
| city, town, village, township or
county from providing for a | 13 |
| Plumbing Inspector or from requiring permits
for the | 14 |
| installation and repair of plumbing and
collecting a fee | 15 |
| therefor , but a city, town, village, township, or county that | 16 |
| requires a permit for installation and repair of plumbing may | 17 |
| not issue that permit without verification that the applicant | 18 |
| has a valid plumbing license or that the applicant is the owner | 19 |
| occupant of a single family residence that is the subject of | 20 |
| the permit. For the purpose of this Section, the term | 21 |
| "occupant" has the same meaning as in subsection (2) of Section | 22 |
| 3 of this Act . No person shall be appointed as a Plumbing
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| Inspector
who is not a licensed plumber under this Act, | 24 |
| including persons employed
as Plumbing Inspectors in home rule | 25 |
| units.
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| (2) The Department of Public Health shall conduct inquiry | 27 |
| in any city,
town, village, township, or county or at any other | 28 |
| place in the State when
reasonably necessary in the judgment of | 29 |
| the Director of the Department of
Public Health to safeguard | 30 |
| the health of any person or persons in this
State, on
account | 31 |
| of piping or appurtenant appliances within any building, or | 32 |
| outside,
when such piping and appliances are for the use of | 33 |
| plumbing as defined in
this Act and for the use of carrying | 34 |
| sewage or waste within or from any
building.
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| The Department of Public Health may conduct such inquiries | 36 |
| in any city,
town, village, township or county in this State by |
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| directing the Plumbing
Inspector thereof to aid in or conduct | 2 |
| such inquiry or investigation in
behalf of the Department of | 3 |
| Public Health or the Department of Public Health
may designate | 4 |
| some other person or persons to conduct such investigation.
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| (Source: P.A. 90-714, eff. 8-7-98.)
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| (225 ILCS 320/37) (from Ch. 111, par. 1135)
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| Sec. 37. Each governmental unit which is authorized to | 8 |
| adopt and has adopted
any ordinance or resolution regulating | 9 |
| plumbing may provide for its administration
and enforcement
by | 10 |
| requiring permits for any plumbing system installation, the | 11 |
| inspection of plumbing
system installations by inspectors who | 12 |
| are licensed as plumbers in accordance with the
Illinois | 13 |
| Plumbing License Law, and the issue of certificates of approval
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| or compliance which
shall be evidence that a plumbing system | 15 |
| has been installed in compliance with the Code
of standards so | 16 |
| adopted. | 17 |
| In any municipality in a county with a population over | 18 |
| 500,000, a letter of intent shall be included with all plumbing | 19 |
| permit applications. The letter shall be written on the | 20 |
| licensed plumber of record's personal stationary and shall | 21 |
| include the license holder's signature and corporate seal. A | 22 |
| home rule unit in a county with a population over 500,000 may | 23 |
| not regulate the information required to be included with an | 24 |
| application for a plumbing permit in a manner less restrictive | 25 |
| than this Section. This Section is a limitation under | 26 |
| subsection (i) of Section 6 of Article VII of the Illinois | 27 |
| Constitution on the concurrent exercise by home rule units of | 28 |
| powers and functions exercised by the State.
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| A governmental unit authorized to adopt regulations may, by | 30 |
| ordinance or resolution,
prescribe reasonable fees for the | 31 |
| issue of permits for installation work, the issue of
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| certificates of compliance or approval, and for the inspection | 33 |
| of plumbing
installations.
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| (Source: P.A. 79-1000.)
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| (225 ILCS 320/42)
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| Sec. 42. Home rule. Pursuant to paragraph (h) of Section 6 | 3 |
| of Article
VII
of the Illinois Constitution of 1970 the power | 4 |
| to regulate the licensing of
plumbers, to promulgate
the | 5 |
| promulgation of a minimum plumbing code of
standards,
and the | 6 |
| power to regulate the registration of irrigation contractors | 7 |
| and plumbing contractors shall,
except as may otherwise be | 8 |
| provided within and pursuant to the provisions of
Section 16 | 9 |
| and Section 16.1 of this Act, be exercised by the State and may
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| not be exercised by
any unit of local government, including | 11 |
| home rule units.
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| (Source: P.A. 91-678, eff. 1-26-00.)
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| Section 99. Effective date. This Act takes effect upon | 14 |
| becoming law. |
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