[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Enrolled ] |
| [ Senate Amendment 001 ] | [ Conference Committee Report 001 ] |
91_SB0457ham002
LRB9100612ACtmam03
1 AMENDMENT TO SENATE BILL 457
2 AMENDMENT NO. ____. Amend Senate Bill 457 by replacing
3 the title with the following:
4 "AN ACT regarding plumbing."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Public Utilities Act is amended by
8 adding Section 13-709 as follows:
9 (220 ILCS 5/13-709 new)
10 Sec. 13-709. Orders of correction.
11 (a) A telecommunications carrier shall comply with
12 orders of correction issued by the Department of Public
13 Health under Section 5 of the Illinois Plumbing License Law.
14 (b) Upon receiving notification from the Department of
15 Public Health that a telecommunications carrier has failed to
16 comply with an order of correction, the Illinois Commerce
17 Commission shall enforce the order.
18 (c) The good faith compliance by a telecommunications
19 carrier with an order of the Department of Public Health or
20 Illinois Commerce Commission to terminate service pursuant to
21 Section 5 of the Illinois Plumbing License Law shall
-2- LRB9100612ACtmam03
1 constitute a complete defense to any civil action brought
2 against the telecommunications carrier arising from the
3 termination of service.
4 Section 10. The Illinois Plumbing License Law is amended
5 by changing Sections 1, 2, 3, 5, 8, 14, and 20 and by adding
6 Sections 2.5 and 13.1 as follows:
7 (225 ILCS 320/1) (from Ch. 111, par. 1101)
8 Sec. 1. Purpose. It has been established by scientific
9 evidence that improper plumbing can result in the
10 introduction of pathogenic organisms into the potable water
11 supply, result in the escape of toxic gases into the
12 environment, and result in potentially lethal disease and
13 epidemic. It is further found that minimum numbers of
14 plumbing facilities and fixtures are necessary for the
15 comfort and convenience of workers and persons in public
16 places.
17 Consistent with its duty to safeguard the health of the
18 people of this State, the General Assembly therefore declares
19 that the regulation of plumbing and the plumbing trade is
20 necessary for the protection of the public health,
21 convenience, and welfare. The General Assembly therefore
22 declares that individuals who plan, inspect, install, alter,
23 extend, repair and maintain plumbing systems shall be
24 individuals of proven skill. Further, the General Assembly
25 declares that a guide for the minimum control and number of
26 plumbing materials and fixtures, the design of plumbing
27 systems, and the construction and installation methods of
28 plumbing systems is essential for the protection of public
29 health and convenience. In order to insure plumbing skill and
30 to authoritatively establish what shall be good plumbing
31 practice, this Act provides for the licensing of plumbers and
32 plumbing contractors and for the promulgation of a Minimum
-3- LRB9100612ACtmam03
1 Plumbing Code of standards by the Department., This Act is
2 therefore declared to be essential to the public interest.
3 (Source: P.A. 87-885.)
4 (225 ILCS 320/2) (from Ch. 111, par. 1102)
5 Sec. 2. When used in this Act:
6 "Agent" means a person designated by a sponsor as
7 responsible for supervision of an apprentice plumber and who
8 is also an Illinois licensed plumber.
9 "Apprentice plumber" means any licensed person who is
10 learning and performing plumbing under the supervision of a
11 sponsor or his agent in accordance with the provisions of
12 this Act.
13 "Approved apprenticeship program" means an apprenticeship
14 program approved by the U.S. Department of Labor's Bureau of
15 Apprenticeship and Training and the Department under rules.
16 "Board" means the Illinois State Board of Plumbing
17 Examiners.
18 "Building drain" means that part of the lowest horizontal
19 piping of a drainage system that receives the discharge from
20 soil, waste, and other drainage pipes inside the walls of a
21 building and conveys it to 5 feet beyond the foundation walls
22 where it is connected to the building sewer.
23 "Building sewer" means that part of the horizontal piping
24 of a drainage system that extends from the end of the
25 building drain, receives the discharge of the building drain
26 and conveys it to a public sewer or private sewage disposal
27 system.
28 "Department" means the Illinois Department of Public
29 Health.
30 "Director" means the Director of the Illinois Department
31 of Public Health.
32 "Governmental unit" means a city, village, incorporated
33 town, county, or sanitary or water district.
-4- LRB9100612ACtmam03
1 "Lawn sprinkler system" means any irrigation system of
2 lawn, shrubbery and other vegetation from any potable water
3 sources; and from any water sources, whether or not potable,
4 in: (i) any county with a population of 3,000,000 or more;
5 (ii) any county with a population of 275,000 or more which is
6 contiguous in whole or in part to a county with a population
7 of 3,000,000 or more; and (iii) any county with a population
8 of 37,000 or more but less than 150,000 which is contiguous
9 to 2 or more counties with respective populations in excess
10 of 275,000. Such system includes without limitation the water
11 supply piping, valves and sprinkler heads or other irrigation
12 outlets. Lawn sprinkler system does not include an
13 irrigation system used primarily for agricultural purposes.
14 "Person" means any natural person, firm, corporation,
15 partnership, or association.
16 "Plumber" means any licensed person authorized to perform
17 plumbing as defined in this Act, but does not include retired
18 plumbers as defined in this Act.
19 "Plumbing" means the actual installation, repair,
20 maintenance, alteration or extension of a plumbing system by
21 any person.
22 Plumbing includes all piping, fixtures, appurtenances and
23 appliances for a supply of water for all purposes, including
24 without limitation lawn sprinkler systems, from the source of
25 a private water supply on the premises or from the main in
26 the street, alley or at the curb to, within and about any
27 building or buildings where a person or persons live, work or
28 assemble.
29 Plumbing includes all piping, from discharge of pumping
30 units to and including pressure tanks in water supply
31 systems.
32 Plumbing includes all piping, fixtures, appurtenances,
33 and appliances for a building drain and a sanitary drainage
34 and related ventilation system of any building or buildings
-5- LRB9100612ACtmam03
1 where a person or persons live, work or assemble from the
2 point of connection of such building drain to the building
3 sewer or private sewage disposal system 5 feet beyond the
4 foundation walls.
5 Plumbing does not mean or include the trade of
6 drain-laying, the trade of drilling water wells which
7 constitute the sources of private water supplies, and of
8 making connections between such wells and pumping units in
9 the water supply systems of buildings served by such private
10 water supplies, or the business of installing water softening
11 equipment and of maintaining and servicing the same, or the
12 business of manufacturing or selling plumbing fixtures,
13 appliances, equipment or hardware, or to the installation and
14 servicing of electrical equipment sold by a not-for-profit
15 corporation providing electrification on a cooperative basis,
16 that either on or before January 1, 1971, is or has been
17 financed in whole or in part under the federal "Rural
18 Electrification Act of 1936" and the Acts amendatory thereof
19 and supplementary thereto, to its members for use on farms
20 owned by individuals or operated by individuals, nor does it
21 mean or include minor repairs which do not require changes in
22 the piping to or from plumbing fixtures or involve the
23 removal, replacement, installation or re-installation of any
24 pipe or plumbing fixtures. Plumbing does not include the
25 installation, repair, maintenance, alteration or extension of
26 building sewers.
27 "Plumbing contractor" means any person who performs
28 plumbing, as defined in this Act, for another person.
29 "Plumbing contractor" shall not include licensed plumbers and
30 licensed apprentice plumbers who are employed by persons
31 engaged in the plumbing business or are in the sole employ of
32 another person for the performance of plumbing for that other
33 person alone, including, but not limited to, hospital,
34 university, or business maintenance staffs. "Plumbing
-6- LRB9100612ACtmam03
1 contractors" are required to be licensed pursuant to the
2 provisions of this Act.
3 "Plumbing fixtures" means installed receptacles, devices
4 or appliances that are supplied with water or that receive or
5 discharge liquids or liquid borne wastes, with or without
6 discharge into the drainage system with which they may be
7 directly or indirectly connected.
8 "Plumbing system" means the water service, water supply
9 and distribution pipes; plumbing fixtures and traps; soil,
10 waste and vent pipes; building drains; including their
11 respective connections, devices and appurtenances. Plumbing
12 system does not include building sewers as defined in this
13 Act.
14 "Retired plumber" means any licensed plumber in good
15 standing who meets the requirements of this Act and the
16 requirements prescribed by Department rule to be licensed as
17 a retired plumber and voluntarily surrenders his plumber's
18 license to the Department, in exchange for a retired
19 plumber's license. Retired plumbers cannot perform plumbing
20 as defined in this Act, cannot sponsor or supervise
21 apprentice plumbers, and cannot inspect plumbing under this
22 Act. A retired plumber cannot fulfill the requirements of
23 subsection (3) of Section 3 of this Act.
24 "Supervision" with respect to first and second year
25 licensed apprentice plumbers means that such apprentices must
26 perform all designing and planning of plumbing systems and
27 all plumbing as defined in this Act under the direct personal
28 supervision of the sponsor or his or her agent who must also
29 be an Illinois licensed plumber, except for maintenance and
30 repair work on existing plumbing systems done by second year
31 apprentice plumbers; provided that before performing any
32 maintenance and repair work without such supervision, such
33 apprentice has received the minimum number of hours of annual
34 classroom instruction recommended by the United States
-7- LRB9100612ACtmam03
1 Department of Labor's Bureau of Apprenticeship and Training
2 for apprentice plumbers in a Bureau of Apprenticeship and
3 Training approved plumber apprenticeship program or its
4 equivalent. "Supervision" with respect to all other
5 apprentice plumbers means that, except for maintenance and
6 repair work on existing plumbing systems, any plumbing done
7 by such apprentices must be inspected daily, after initial
8 rough-in and after completion by the sponsor or his or her
9 agent who is also an Illinois licensed plumber. In addition,
10 all repair and maintenance work done by a licensed apprentice
11 plumber on an existing plumbing system must be approved by
12 the sponsor or his or her agent who is also an Illinois
13 licensed plumber.
14 "Sponsor" is an Illinois licensed plumber or an approved
15 apprenticeship program that has accepted an individual as an
16 Illinois licensed apprentice plumber for education and
17 training in the field of plumbing and whose name and license
18 number or apprenticeship program number shall appear on the
19 individual's application for an apprentice plumber's license.
20 "Sponsored" means that each Illinois licensed apprentice
21 plumber has been accepted by an Illinois licensed plumber or
22 an approved apprenticeship program for apprenticeship
23 training.
24 "Telecommunications carrier" means a telecommunications
25 carrier as defined in the Public Utilities Act.
26 (Source: P.A. 89-665, eff. 8-14-96.)
27 (225 ILCS 320/2.5 new)
28 Sec. 2.5. Lawn Sprinkler Systems. The piping, as well as
29 appurtenances, exclusive of the reduced pressure zone
30 backflow preventive device (RPZ), of a residential lawn
31 sprinkler system supplied from a water service of one inch or
32 less may be installed by persons other than licensed plumbers
33 or apprentices, provided the design and installation of the
-8- LRB9100612ACtmam03
1 system have been approved by a licensed plumber. When the RPZ
2 is located inside a residence, the connection for the lawn
3 sprinkler system shall be extended beyond the exterior wall
4 of the structure to a distance of at least 12 inches by a
5 licensed plumber. Further, whenever this exemption is
6 invoked, written notice of the exemption shall be served upon
7 and accepted by the property owner or agent.
8 Nothing in this Act shall require persons engaged in the
9 installation of a lawn sprinkler system whose duties involve
10 other than the installation and fabrication of the piping and
11 appurtenances to be licensed as a plumber or apprentice.
12 (225 ILCS 320/3) (from Ch. 111, par. 1103)
13 Sec. 3. (1) All planning and designing of plumbing
14 systems and all plumbing shall be performed only by plumbers
15 licensed under the provisions of this Act hereinafter called
16 "licensed plumbers" and "licensed apprentice plumbers". The
17 inspection of plumbing and plumbing systems shall be done
18 only by the sponsor or his or her agent who shall be an
19 Illinois licensed plumber. Nothing herein contained shall
20 prohibit licensed plumbers or licensed apprentice plumbers
21 under supervision from planning, designing, inspecting,
22 installing, repairing, maintaining, altering or extending
23 building sewers in accordance with this Act. No person who
24 holds a license or certificate of registration under the
25 Illinois Architecture Practice Act of 1989, or the Structural
26 Engineering Licensing Act of 1989, or the Professional
27 Engineering Practice Act of 1989 shall be prevented from
28 planning and designing plumbing systems.
29 (2) Nothing herein contained shall prohibit the owner
30 occupant or lessee occupant of a single family residence, or
31 the owner of a single family residence under construction for
32 his or her occupancy, from planning, installing, altering or
33 repairing the plumbing system of such residence, provided
-9- LRB9100612ACtmam03
1 that (i) such plumbing shall comply with the minimum
2 standards for plumbing contained in the Illinois State
3 Plumbing Code, and shall be subject to inspection by the
4 Department or the local governmental unit if it retains a
5 licensed plumber as an inspector; and (ii) such owner, owner
6 occupant or lessee occupant shall not employ other than a
7 plumber licensed pursuant to this Act to assist him or her.
8 For purposes of this subsection, a person shall be
9 considered an "occupant" if and only if he or she has taken
10 possession of and is living in the premises as his or her
11 bona fide sole and exclusive residence, or, in the case of
12 an owner of a single family residence under construction for
13 his or her occupancy, he or she expects to take possession of
14 and live in the premises as his or her bona fide sole and
15 exclusive residence, and he or she has a current intention to
16 live in such premises as his or her bona fide sole and
17 exclusive residence for a period of not less than 6 months
18 after the completion of the plumbing work performed pursuant
19 to the authorization of this subsection, or, in the case of
20 an owner of a single family residence under construction for
21 his or her occupancy, for a period of not less than 6 months
22 after the completion of construction of the residence.
23 Failure to possess and live in the premises as a sole and
24 exclusive residence for a period of 6 months or more shall
25 create a rebuttable presumption of a lack of such intention.
26 (3) (Blank). The employees of a firm, association,
27 partnership or corporation who engage in plumbing shall be
28 licensed plumbers or licensed apprentice plumbers. At least
29 one member of every firm, association or partnership engaged
30 in plumbing work, and at least one corporate officer of every
31 corporation engaged in plumbing work, as the case may be,
32 shall be a licensed plumber. A retired plumber cannot fulfill
33 the requirements of this subsection (3).
34 (4) (a) A licensed apprentice plumber shall plan, design
-10- LRB9100612ACtmam03
1 and install plumbing only under the supervision of the
2 sponsor or his or her agent who is also an Illinois
3 licensed plumber.
4 (b) An applicant for licensing as an apprentice
5 plumber shall be at least 16 years of age and apply on
6 the application form provided by the Department. Such
7 application shall verify that the applicant is sponsored
8 by an Illinois licensed plumber or an approved
9 apprenticeship program and shall contain the name and
10 license number of the licensed plumber or program
11 sponsor.
12 (c) No licensed plumber shall sponsor more than 2
13 licensed apprentice plumbers at the same time. If 2
14 licensed apprentice plumbers are sponsored by a plumber
15 at the same time, one of the apprentices must have, at a
16 minimum, 2 years experience as a licensed apprentice. No
17 licensed plumber sponsor or his or her agent may
18 supervise 2 licensed apprentices with less than 2 years
19 experience at the same time. The sponsor or agent shall
20 supervise and be responsible for the plumbing performed
21 by a licensed apprentice.
22 (d) No agent shall supervise more than 2 licensed
23 apprentices at the same time.
24 (e) No licensed plumber may, in any capacity,
25 supervise more than 2 licensed apprentice plumbers at the
26 same time.
27 (f) No approved apprenticeship program may sponsor
28 more licensed apprentices than 2 times the number of
29 licensed plumbers available to supervise those licensed
30 apprentices.
31 (g) No approved apprenticeship program may sponsor
32 more licensed apprentices with less than 2 years
33 experience than it has licensed plumbers available to
34 supervise those licensed apprentices.
-11- LRB9100612ACtmam03
1 (h) No individual shall work as an apprentice
2 plumber unless he or she is properly licensed under this
3 Act. The Department shall issue an apprentice plumber's
4 license to each approved applicant.
5 (i) No licensed apprentice plumber shall serve more
6 than a 6 year licensed apprenticeship period. If, upon
7 completion of a 6 year licensed apprenticeship period,
8 such licensed apprentice plumber does not apply for the
9 examination for a plumber's license and successfully pass
10 the examination for a plumber's license, his or her
11 apprentice plumber's license shall not be renewed.
12 Nothing contained in P.A. 83-878, entitled "An Act in
13 relation to professions", approved September 26, 1983, was
14 intended by the General Assembly nor should it be construed
15 to require the employees of a governmental unit or privately
16 owned municipal water supplier who operate, maintain or
17 repair a water or sewer plant facility which is owned or
18 operated by such governmental unit or privately owned
19 municipal water supplier to be licensed plumbers under this
20 Act. In addition, nothing contained in P.A. 83-878 was
21 intended by the General Assembly nor should it be construed
22 to permit persons other than licensed plumbers to perform the
23 installation, repair, maintenance or replacement of plumbing
24 fixtures, such as toilet facilities, floor drains, showers
25 and lavatories, and the piping attendant to those fixtures,
26 within such facility or in the construction of a new
27 facility.
28 Nothing contained in P.A. 83-878, entitled "An Act in
29 relation to professions", approved September 26, 1983, was
30 intended by the General Assembly nor should it be construed
31 to require the employees of a governmental unit or privately
32 owned municipal water supplier who install, repair or
33 maintain water service lines from water mains in the street,
34 alley or curb line to private property lines and who install,
-12- LRB9100612ACtmam03
1 repair or maintain water meters to be licensed plumbers under
2 this Act if such work was customarily performed prior to the
3 effective date of such Act by employees of such governmental
4 unit or privately owned municipal water supplier who were not
5 licensed plumbers. Any such work which was customarily
6 performed prior to the effective date of such Act by persons
7 who were licensed plumbers or subcontracted to persons who
8 were licensed plumbers must continue to be performed by
9 persons who are licensed plumbers or subcontracted to persons
10 who are licensed plumbers. When necessary under this Act,
11 the Department shall make the determination whether or not
12 persons who are licensed plumbers customarily performed such
13 work.
14 (Source: P.A. 89-665, eff. 8-14-96.)
15 (225 ILCS 320/5) (from Ch. 111, par. 1104)
16 Sec. 5. Advertising.
17 (a) Persons who advertise plumbing services shall, at
18 their place of business, display the licensed plumber's
19 license of at least one member of the firm, partnership or
20 officer of the corporation and shall maintain a register
21 listing the names and license numbers of all licensed
22 plumbers and all licensed apprentice plumbers currently
23 employed by them. The number of the license so displayed
24 shall also be included with the plumbing identification on
25 vehicles.
26 (b) No person who provides plumbing services may
27 advertise those services unless that person includes in the
28 advertisement the license number that is required to be
29 displayed under subsection (a). Nothing contained in this
30 subsection requires the publisher of advertising for plumbing
31 services to investigate or verify the accuracy of the license
32 number provided by the advertiser.
33 (b.5) Any person who advertises plumbing services (i)
-13- LRB9100612ACtmam03
1 who fails to display the license number required by
2 subsection (a) in all manners required by that subsection,
3 (ii) who fails to provide a publisher with the correct number
4 under subsection (b), or (iii) who provides a publisher with
5 a false license number or a license number of a person other
6 than the person designated under subsection (a), or any
7 person who allows his or her license number to be displayed
8 or used in order to allow any other person to circumvent any
9 provisions of this Section is guilty of a Class A misdemeanor
10 with a fine of $1,000, which shall be subject to the
11 enforcement provisions of Section 29 of this Act. Each day
12 that a person fails to display the required license under
13 subsection (a) and each day that an advertisement runs or
14 each day that a person allows his or her license to be
15 displayed or used in violation of this Section constitutes a
16 separate offense.
17 In addition to, and not in lieu of, the penalties and
18 remedies provided for in this Section and Section 29 of this
19 Act, any person licensed under this Act who violates any
20 provision of this Section shall be subject to suspension or
21 revocation of his or her license under Section 19 of this
22 Act.
23 (b.10) In addition to, and not in lieu of, the penalties
24 and remedies provided for in this Section and Sections 19,
25 20, and 29 of this Act, and after notice and an opportunity
26 for hearing as provided for in this subsection and Section 19
27 of this Act, the Department may issue an Order Of Correction
28 to the telecommunications carrier furnishing service to any
29 telephone number contained in a printed advertisement for
30 plumbing services that is found to be in violation of the
31 provisions of this subsection. The Order of Correction shall
32 be limited to the telephone number contained in the unlawful
33 advertisement. The Order of Correction shall notify the
34 telecommunications carrier to disconnect the telephone
-14- LRB9100612ACtmam03
1 service furnished to any telephone number contained in the
2 unlawful advertisement and that subsequent calls to that
3 number shall not be referred by the telecommunications
4 carrier to any new telephone number obtained by or any
5 existing number registered to the person.
6 If, upon investigation, the Department has probable cause
7 to believe that a person has placed an advertisement with a
8 telecommunications carrier that: (i) contains a false license
9 number, (ii) contains a license number of a person other than
10 the person designated under subsection (a), or (iii) is
11 placed or circulated by a person who is not properly licensed
12 under this Act, the Department shall provide notice to the
13 person of the Department's intent to issue an Order of
14 Correction to the telecommunications carrier to disconnect
15 the telephone service furnished to any telephone number
16 contained in the unlawful advertisement, and that subsequent
17 calls to that number shall not be referred by the
18 telecommunications carrier to any new telephone number
19 obtained by or any existing number registered to the person.
20 Notice shall be provided by certified mail or by personal
21 service setting forth the particular reasons for the proposed
22 action and fixing a date, not less than 20 days from the date
23 of the mailing or service, within which time the person must
24 request a hearing in writing. Failure to serve upon the
25 Department a written request for hearing within the time
26 provided in the notice shall constitute a waiver of the
27 person's right to an administrative hearing. The hearing,
28 findings, and conclusions shall be in accordance with the
29 provisions contained in Section 19 of this Act and the
30 Department's Rules of Practice and Procedure in
31 Administrative Hearings (77 Ill. Admin. Code 100), which are
32 incorporated by reference herein.
33 Upon a finding that the person has violated the
34 provisions of this subsection, the Department shall issue the
-15- LRB9100612ACtmam03
1 Order of Correction to the telecommunications carrier. If the
2 telecommunications carrier fails to comply with the Order of
3 Correction within 20 days after the order is final, the
4 Department shall inform the Illinois Commerce Commission of
5 the failure to comply and the Illinois Commerce Commission
6 shall require the telecommunications carrier furnishing
7 services to that person to disconnect the telephone service
8 furnished to the telephone number contained in the unlawful
9 advertisement and direct that subsequent calls to that number
10 shall not be referred by the telecommunications carrier to
11 any new telephone number obtained by or any existing number
12 registered to the person.
13 A person may have his or her telephone services restored,
14 after an Order of Correction has been issued, upon a showing,
15 to the satisfaction of the Department, that he or she is in
16 compliance with the provisions of this Act.
17 (c) The Department may require by rule and regulation
18 additional information concerning licensed plumbers and
19 licensed apprentice plumbers maintained in the register. The
20 Department shall have the right to examine the payroll
21 records of such persons to determine compliance with this
22 provision. The Department's right to examine payroll records
23 is limited solely to those records and does not extend to any
24 other business records.
25 (Source: P.A. 87-593; 88-501.)
26 (225 ILCS 320/8) (from Ch. 111, par. 1107)
27 Sec. 8. The Director shall:
28 (1) Prepare forms for application for examination for a
29 plumber's license.
30 (2) Prepare and issue licenses as provided in this Act.
31 (3) With the aid of the Board prescribe rules and
32 regulations for examination of applicants for plumber's
33 licenses.
-16- LRB9100612ACtmam03
1 (4) With the aid of the Board prepare and give uniform
2 and comprehensive examinations to applicants for a plumber's
3 license which shall test their knowledge and qualifications
4 in the planning and design of plumbing systems, their
5 knowledge, qualifications, and manual skills in plumbing, and
6 their knowledge of the State's minimum code of standards
7 relating to fixtures, materials, design and installation
8 methods of plumbing systems, promulgated pursuant to this
9 Act.
10 (5) Issue a plumber's license and license renewal to
11 every applicant who has passed the examination and who has
12 paid the required license and renewal fee.
13 (6) Prescribe rules for hearings to deny, suspend,
14 revoke or reinstate licenses as provided in this Act.
15 (7) Maintain a current record showing (a) the names and
16 addresses of licensed plumbing contractors, licensed
17 plumbers, licensed apprentice plumbers, and licensed retired
18 plumbers, (b) the dates of issuance of licenses, (c) the date
19 and substance of the charges set forth in any hearing for
20 denial, suspension or revocation of any license, (d) the date
21 and substance of the final order issued upon each such
22 hearing, and (e) the date and substance of all petitions for
23 reinstatement of license and final orders on such petitions.
24 (8) Prescribe, in consultation with the Board, uniform
25 and reasonable rules defining what constitutes an approved
26 course of instruction in plumbing, in colleges, universities,
27 or trade schools, and approve or disapprove the courses of
28 instruction offered by such colleges, universities, or trade
29 schools by reference to their compliance or noncompliance
30 with such rules. Such rules shall be designed to assure that
31 an approved course of instruction will adequately teach the
32 design, planning, installation, replacement, extension,
33 alteration and repair of plumbing.
34 (Source: P.A. 89-665, eff. 8-14-96.)
-17- LRB9100612ACtmam03
1 (225 ILCS 320/13.1 new)
2 Sec. 13.1. Plumbing contractors; license required;
3 applications.
4 (1) After May 1, 2001 all plumbing contractors doing
5 business in Illinois shall be licensed in accordance with the
6 provisions of this Act.
7 (2) Application for licensure shall be filed with the
8 Department each year on or before the first day of May in
9 writing on forms prepared and furnished by the Department.
10 All plumbing contractor licenses shall expire on the last day
11 of April of each year.
12 (3) Applications shall contain the name, address, and
13 telephone number of the person and the Illinois plumber's
14 license number of (i) the individual, if a sole
15 proprietorship; (ii) the partner, if a partnership; or (iii)
16 an officer, if a corporation. The application shall contain
17 the business name and address, evidence of financial
18 responsibility, and such other information as the Department
19 may by rule require.
20 (4) Applicants shall submit to the Department a
21 certificate documenting that the contractor carries liability
22 insurance, self insurance, group insurance, group self
23 insurance, a letter of credit, or bond in an amount of at
24 least $20,000 for work performed in accordance with this Act
25 and the rules promulgated thereunder. No contractor may be
26 licensed in the absence of a certificate. Certificates must
27 be in force at all times during licensure.
28 (5) At least one owner or officer of every licensed
29 plumbing contractor shall be licensed as a plumber in
30 accordance with this Act. All employees of a licensed
31 plumbing contractor who engage in plumbing work shall be
32 licensed as plumbers or apprentice plumbers in accordance
33 with this Act.
34 (6) Licensed plumbing contractors shall submit an annual
-18- LRB9100612ACtmam03
1 licensure fee to be established by rule.
2 (7) Plumbing contractor licenses shall be renewed
3 annually upon submission of the licensure fee and proof of
4 the $20,000 performance indemnification 30 days prior to
5 expiration.
6 (8) The Department shall be notified in advance of any
7 change of business structure, business name, business
8 location, or the addition or deletion of the owner or officer
9 who is the licensed plumber listed in the application.
10 Failure to notify the Department of this information shall be
11 grounds for suspension or revocation of the plumbing
12 contractor's license.
13 (225 ILCS 320/14) (from Ch. 111, par. 1113)
14 Sec. 14. License renewal; continuing education. All
15 plumbing contractor's licenses, plumber's licenses, and
16 apprentice plumber's licenses issued under this Act shall
17 expire on April 30 next following date of issuance. The term
18 for retired plumber's licenses shall be prescribed by
19 Department rule after consultation with the Board of Plumbing
20 Examiners.
21 An apprentice plumber's license shall also expire the
22 date that the licensed plumber sponsor of such licensed
23 apprentice plumber severs his or her sponsor status with the
24 licensed apprentice plumber. The licensed plumber sponsor
25 shall immediately notify the Department of the severance of
26 his or her relationship with the licensed apprentice plumber.
27 Such apprentice plumber may, on forms provided by the
28 Department, apply for reinstatement of his or her apprentice
29 license by submitting to the Department a new application and
30 new apprentice plumber's license fee. The application shall
31 verify that the applicant for reinstatement of his or her
32 apprentice plumber's license is sponsored by an Illinois
33 licensed plumber. If the applicant is employed by a firm,
-19- LRB9100612ACtmam03
1 the application shall contain the name and license number of
2 an Illinois licensed plumber employee of the firm or name and
3 license number of an Illinois licensed plumber member of the
4 firm, or name and Illinois plumber's license number of an
5 officer of a corporation who is the sponsor. Licensed
6 apprentice plumbers shall not accumulate more than 6 years as
7 a licensed apprentice plumber.
8 Upon the recommendation of the Board, the Department may
9 require by rule that each licensed plumber annually complete
10 a minimum number of hours of classroom instruction and
11 provide evidence of attending the classes before receiving a
12 renewal plumber license. A continuing education requirement
13 established by the Department for all licensed plumbers shall
14 not exceed 15 hours per year. In addition, the Department
15 shall by rule establish guidelines for additional continuing
16 education to be required for licensed plumbers found to have
17 committed repeated Plumbing Code violations. In support of
18 these requirements, the Department shall by rule establish
19 curricula for continuing education and requirements for
20 instructors and may certify instructors and training programs
21 and schools for continuing education.
22 A plumber's license and an apprentice plumber's license
23 may be renewed for a period of one year from each succeeding
24 May 1st upon payment prior to May 1st of the required renewal
25 fee and submission of required evidence of successful
26 completion of any required continuing education courses.
27 Application for renewal shall be on forms provided by the
28 Department. An application for renewal of licenses received
29 by the Department after May 1st shall include the annual
30 renewal fees plus reinstatement fees, provided that the
31 apprentice plumber's application is received by November 1 of
32 the same year.
33 A plumber licensed pursuant to this Act whose license has
34 been expired for a period of less than 5 years may apply to
-20- LRB9100612ACtmam03
1 the Department for reinstatement of his or her plumber's
2 license. The Department shall issue such license renewal
3 provided the applicant pays to the Department all lapsed
4 renewal fees, plus the reinstatement fee. A plumber
5 licensed pursuant to this Act who has permitted his or her
6 license to expire for more than 5 years may apply, in
7 writing, to the Department for restoration of his or her
8 license. The Department shall restore his or her license
9 provided he or she pays to the Department the required
10 restoration fee and shall successfully pass the examination
11 for an Illinois plumber's license. The restoration fee
12 includes the applicant's examination fee. Failure by the
13 applicant to successfully pass the plumber's license
14 examination shall be sufficient grounds for the Department to
15 withhold issuance of the requested restoration of the
16 applicant's plumber's license. The applicant may retake the
17 examination in accordance with the provisions of this Act.
18 A retired plumber licensed under this Act who has
19 surrendered his or her plumber's license for a period of less
20 than 5 years may apply to the Department for reinstatement of
21 his or her plumber's license. The Department shall renew the
22 license provided the applicant pays to the Department any
23 reinstatement fee required by Department rule. A retired
24 plumber licensed under this Act who has surrendered his or
25 her plumber's license for a period of more than 5 years may
26 apply in writing to the Department for restoration of his or
27 her license. The Department shall restore his or her license
28 provided he or she pays to the Department the restoration fee
29 required by Department rule and successfully passes the
30 examination for an Illinois plumber's license. The
31 restoration fee includes the applicant's examination fee.
32 Failure by the applicant to successfully pass the plumber's
33 license examination shall be sufficient grounds for the
34 Department to withhold issuance of the requested restoration
-21- LRB9100612ACtmam03
1 of the applicant's plumber's license. The applicant may
2 retake the examination in accordance with the provisions of
3 this Act.
4 (Source: P.A. 89-665, eff. 8-14-96; 90-714, eff. 8-7-98.)
5 (225 ILCS 320/20) (from Ch. 111, par. 1119)
6 Sec. 20. Grounds for discipline.
7 (1) The Director may deny, revoke or suspend a license
8 when findings show one or more of the following:
9 (a) That the licensee obtained or conspired with
10 others to obtain a license by inducing the issuance
11 thereof in consideration of the payment of money or
12 delivery of any other thing of value or by and through
13 misrepresentation of facts.
14 (b) That the licensee willfully violated any law of
15 this State or any rule, regulation or code promulgated
16 thereunder regulating plumbing, licensed plumbing
17 contractors, licensed plumbers, licensed apprentice
18 plumbers, licensed retired plumbers, water well pump
19 installations and private sewage disposal systems.
20 (c) That the licensee has been guilty of negligence
21 or incompetence in the performance of plumbing.
22 (d) That the licensee has loaned or in any manner
23 transferred his or her license to another person.
24 (e) That the sponsor or his or her agent has failed
25 to properly supervise a licensed apprentice plumber.
26 (2) If a license is suspended or revoked, the license
27 shall be surrendered to the Department but, if suspended, it
28 shall be returned to the licensee upon the termination of the
29 suspension period.
30 The Department may refuse to issue or may suspend the
31 license of any person who fails to file a return, or to pay
32 the tax, penalty or interest shown in a filed return, or to
33 pay any final assessment of tax, penalty or interest, as
-22- LRB9100612ACtmam03
1 required by any tax Act administered by the Illinois
2 Department of Revenue, until such time as the requirements of
3 any such tax Act are satisfied.
4 (Source: P.A. 87-885.)
5 Section 99. Effective date. This Act takes effect on
6 January 1, 2000.".