Public Act 90-0714 of the 90th General Assembly

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Public Act 90-0714

HB3710 Enrolled                                LRB9010428LDdv

    AN ACT to amend the  Illinois  Plumbing  License  Law  by
changing Sections 14 and 18 and adding Section 29.5.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Illinois Plumbing License Law is  amended
by  changing  Sections  14  and 18 and adding Section 29.5 as
follows:

    (225 ILCS 320/14) (from Ch. 111, par. 1113)
    Sec. 14.  License  renewal;  continuing  education.   All
plumber's  licenses  and apprentice plumber's licenses issued
under this Act shall expire on April 30 next  following  date
of issuance. The term for retired plumber's licenses shall be
prescribed  by  Department  rule  after consultation with the
Board of Plumbing Examiners.
    An apprentice plumber's license  shall  also  expire  the
date  that  the  licensed  plumber  sponsor  of such licensed
apprentice plumber severs his or her sponsor status with  the
licensed  apprentice  plumber.   The licensed plumber sponsor
shall immediately notify the Department of the  severance  of
his or her relationship with the licensed apprentice plumber.
Such  apprentice  plumber  may,  on  forms  provided  by  the
Department,  apply for reinstatement of his or her apprentice
license by submitting to the Department a new application and
new apprentice plumber's license fee.  The application  shall
verify  that  the  applicant  for reinstatement of his or her
apprentice plumber's license  is  sponsored  by  an  Illinois
licensed  plumber.   If  the applicant is employed by a firm,
the application shall contain the name and license number  of
an Illinois licensed plumber employee of the firm or name and
license  number of an Illinois licensed plumber member of the
firm, or name and Illinois plumber's  license  number  of  an
officer  of  a  corporation  who  is  the  sponsor.  Licensed
apprentice plumbers shall not accumulate more than 6 years as
a licensed apprentice plumber.
    Upon the recommendation of the Board, the Department  may
require  by rule that each licensed plumber annually complete
a minimum  number  of  hours  of  classroom  instruction  and
provide  evidence of attending the classes before receiving a
renewal plumber license.  A continuing education  requirement
established by the Department for all licensed plumbers shall
not  exceed  15  hours per year.  In addition, the Department
shall by rule establish guidelines for additional  continuing
education  to be required for licensed plumbers found to have
committed repeated Plumbing Code violations.  In  support  of
these  requirements,  the  Department shall by rule establish
curricula  for  continuing  education  and  requirements  for
instructors and may certify instructors and training programs
and schools for continuing education.
    A plumber's license and an apprentice  plumber's  license
may  be renewed for a period of one year from each succeeding
May 1st upon payment prior to May 1st of the required renewal
fee  and  submission  of  required  evidence  of   successful
completion  of  any  required  continuing  education courses.
Application for renewal shall be on  forms  provided  by  the
Department.   An application for renewal of licenses received
by the Department after May  1st  shall  include  the  annual
renewal  fees  plus  reinstatement  fees,  provided  that the
apprentice plumber's application is received by November 1 of
the same year.
    A plumber licensed pursuant to this Act whose license has
been expired for a period of less than 5 years may  apply  to
the  Department  for  reinstatement  of  his or her plumber's
license.  The Department shall  issue  such  license  renewal
provided  the  applicant  pays  to  the Department all lapsed
renewal  fees,  plus  the  reinstatement  fee.     A  plumber
licensed pursuant to this Act who has permitted  his  or  her
license  to  expire  for  more  than  5  years  may apply, in
writing, to the Department for  restoration  of  his  or  her
license.   The  Department  shall  restore his or her license
provided he or  she  pays  to  the  Department  the  required
restoration  fee  and shall successfully pass the examination
for an  Illinois  plumber's  license.   The  restoration  fee
includes  the  applicant's  examination  fee.  Failure by the
applicant  to  successfully  pass   the   plumber's   license
examination shall be sufficient grounds for the Department to
withhold   issuance  of  the  requested  restoration  of  the
applicant's plumber's license.  The applicant may retake  the
examination in accordance with the provisions of this Act.
    A  retired  plumber  licensed  under  this  Act  who  has
surrendered his or her plumber's license for a period of less
than 5 years may apply to the Department for reinstatement of
his or her plumber's license.  The Department shall renew the
license  provided  the  applicant  pays to the Department any
reinstatement fee required by  Department  rule.   A  retired
plumber  licensed  under  this Act who has surrendered his or
her plumber's license for a period of more than 5  years  may
apply  in writing to the Department for restoration of his or
her license.  The Department shall restore his or her license
provided he or she pays to the Department the restoration fee
required by  Department  rule  and  successfully  passes  the
examination   for   an   Illinois   plumber's  license.   The
restoration fee includes  the  applicant's  examination  fee.
Failure  by  the applicant to successfully pass the plumber's
license examination  shall  be  sufficient  grounds  for  the
Department  to withhold issuance of the requested restoration
of the applicant's  plumber's  license.   The  applicant  may
retake  the  examination in accordance with the provisions of
this Act.
(Source: P.A. 89-665, eff. 8-14-96.)
    (225 ILCS 320/18) (from Ch. 111, par. 1117)
    Sec. 18. Local regulation; Department standards.
    (1)  It is hereby declared to be the policy of this State
that each city, town, village,  township  or  county  with  a
water  supply system or sewage disposal system or both should
so soon after the enactment of this Act as practicable,  with
the  advice of the State Department of Public Health, provide
by  ordinance,  bylaws  or  rules  and  regulations  for  the
materials, construction, alteration, and  inspection  of  all
plumbing  placed in or in connection with any building in any
such city, town, village, township, or county and to  provide
for  and  appoint  a  competent Plumbing Inspector or more as
required. The Department  may  by  rule  establish  voluntary
standards  for  the  content  and  conduct  of local plumbing
regulation and  inspection  programs  and  may  evaluate  and
certify  local  programs  that  are  in  compliance  with the
voluntary standards. The Department  may  by  rule  establish
voluntary  education,  training, and experience standards for
Plumbing Inspectors and may certify Plumbing  Inspectors  who
are  in  compliance  with  the  voluntary  standards. Nothing
contained in this Act shall prohibit any city, town, village,
township or county from providing for a Plumbing Inspector or
from requiring permits for the  installation  and  repair  of
plumbing  and  collecting a fee therefor.  No person shall be
appointed as a Plumbing  Inspector  who  is  not  a  licensed
plumber   under  this  Act,  including  persons  employed  as
Plumbing Inspectors in home rule units.
    (2)  The  Department  of  Public  Health  shall   conduct
inquiry in any city, town, village, township, or county or at
any other place in the State when reasonably necessary in the
judgment  of  the Director of the Department of Public Health
to safeguard the health of any  person  or  persons  in  this
State,  on account of piping or appurtenant appliances within
any building, or outside, when such piping and appliances are
for the use of plumbing as defined in this Act  and  for  the
use of carrying sewage or waste within or from any building.
    The   Department   of  Public  Health  may  conduct  such
inquiries in any city, town, village, township or  county  in
this State by directing the Plumbing Inspector thereof to aid
in  or conduct such inquiry or investigation in behalf of the
Department of Public  Health  or  the  Department  of  Public
Health  may designate some other person or persons to conduct
such investigation.
(Source: P.A. 83-1362.)

    (225 ILCS 320/29.5 new)
    Sec. 29.5. Unlicensed practice; violation; civil penalty.
    (a)  A person who practices, offers to practice, attempts
to practice, or holds himself or herself out to practice as a
plumber without being  licensed  under  this  Act  shall,  in
addition  to  any  other penalty provided by law, pay a civil
penalty to the Department in an amount not to  exceed  $5,000
for  each  offense as determined by the Department. The civil
penalty shall be assessed by the Department after  a  hearing
is  held  in accordance with the provisions set forth in this
Act regarding the provision of a hearing for  the  discipline
of a licensee.
    (b)  The  Department  has  the  authority  and  power  to
investigate  any  person  who  practices, offers to practice,
attempts to practice, or holds  himself  or  herself  out  to
practice as a plumber without being licensed under this Act.
    (c)  The civil penalty shall be paid within 60 days after
the  effective  date of the order imposing the civil penalty.
The order shall constitute a judgment and may  be  filed  and
execution  had  on  the  judgment  in  the  same  manner as a
judgment from a court of  record.  All  fines  and  penalties
collected by the Department under this Section of the Act and
accrued   interest  shall  be  deposited  into  the  Plumbing
Licensure and Program Fund  for  use  by  the  Department  in
performing  activities  relating  to  the  administration and
enforcement of this Act.

    Section 99. Effective date. This Act  takes  effect  upon
becoming law.

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