[ Home ] [ ILCS ] [ Search ] [ Bottom ]
[ Other General Assemblies ]
Public Act 91-0091
SB126 Enrolled LRB9102229ACcs
AN ACT concerning structural engineers.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Regulatory Sunset Act is amended by
changing Section 4.10 and adding Section 4.20 as follows:
(5 ILCS 80/4.10) (from Ch. 127, par. 1904.10)
Sec. 4.10. The following Acts are repealed December 31,
1999:
The Fire Equipment Distributor and Employee Regulation
Act.
The Professional Engineering Practice Act of 1989.
The Structural Engineering Licensing Act of 1989.
The Illinois Architecture Practice Act of 1989.
The Illinois Landscape Architecture Act of 1989.
The Illinois Professional Land Surveyor Act of 1989.
The Land Sales Registration Act of 1989.
The Real Estate License Act of 1983.
(Source: P.A. 86-667; 86-702; 86-711; 86-925; 86-932; 86-987;
86-1007; 86-1028.)
(5 ILCS 80/4.20 new)
Sec. 4.20. Act repealed on January 1, 2010. The
following Act is repealed on January 1, 2010:
The Structural Engineering Practice Act of 1989.
Section 10. The Architectural, Engineering, and Land
Surveying Qualifications Based Selection Act is amended by
changing Sections 15 and 65 as follows:
(30 ILCS 535/15) (from Ch. 127, par. 4151-15)
Sec. 15. Definitions. As used in this Act:
"Architectural services" means any professional service
as defined in Section 5 of the Illinois Architecture Practice
Act of 1989.
"Engineering services" means any professional service as
defined in Section 4 of the Professional Engineering Practice
Act of 1989 or Section 5 of the Structural Engineering
Practice Licensing Act of 1989.
"Firm" means any individual, sole proprietorship, firm,
partnership, corporation, association, or other legal entity
permitted by law to practice the profession of architecture,
engineering, or land surveying and provide those services.
"Land surveying services" means any professional service
as defined in Section 5 of the Illinois Professional Land
Surveyor Act of 1989.
"Project" means any capital improvement project or any
design, study, plan, survey, or new or existing program
activity of a State agency, including development of new or
existing programs that require architectural, engineering, or
land surveying services.
"State agency" means any department, commission, council,
board, bureau, committee, institution, agency, university,
government corporation, authority, or other establishment or
official of this State.
(Source: P.A. 87-673.)
(30 ILCS 535/65) (from Ch. 127, par. 4151-65)
Sec. 65. Scope. No person, corporation, or partnership
licensed or registered under the Illinois Architecture
Practice Act of 1989, the Professional Engineering Practice
Act of 1989, the Structural Engineering Practice Licensing
Act of 1989, or the Illinois Professional Land Surveyor Act
of 1989 shall engage in any act or conduct, or be a party to
any contract, or agreement, in violation of the provisions of
this Act.
(Source: P.A. 87-673.)
Section 15. The Local Government Professional Services
Selection Act is amended by changing Section 3 as follows:
(50 ILCS 510/3) (from Ch. 85, par. 6403)
Sec. 3. Definitions. As used in this Act unless the
context specifically requires otherwise:
(1) "Firm" means any individual, firm, partnership,
corporation, association or other legal entity permitted by
law to practice the profession of architecture, engineering
or land surveying and provide architectural, engineering or
land surveying services.
(2) "Architectural services" means any professional
service as defined in Section 5 of the Illinois Architecture
Practice Act of 1989.
(3) "Engineering services" means any professional
service as defined in Section 4 of the Professional
Engineering Practice Act of 1989 or Section 5 of the
Structural Engineering Practice Licensing Act of 1989.
(4) "Land surveying services" means any professional
service as defined in Section 5 of the Illinois Professional
Land Surveyor Act of 1989.
(5) "Political subdivision" means any school district
and any unit of local government of fewer than 3,000,000
inhabitants, except home rule units.
(6) "Project" means any capital improvement project or
any study, plan, survey or new or existing program activity
of a political subdivision, including development of new or
existing programs which require architectural, engineering or
land surveying services.
(Source: P.A. 86-711; 86-987; 86-1028; 86-1475.)
Section 20. The Civil Administrative Code of Illinois is
amended by changing Section 62.1 as follows:
(110 ILCS 355/62.1) (from Ch. 127, par. 62.1)
Sec. 62.1. Design Professionals Dedicated Employees.
There is established within the Department of Professional
Regulation certain design professionals dedicated employees.
These employees shall be devoted exclusively to the
administration and enforcement of the Illinois Architecture
Practice Act, the Illinois Professional Land Surveyor Act of
1989, the Professional Engineering Practice Act of 1989, and
the Structural Engineering Practice Licensing Act of 1989.
The design professionals dedicated employees that the
Director shall employ, in conformity with the Personnel Code,
at a minimum shall consist of one full-time design licensing
Coordinator, one full-time Assistant Coordinator, 4 full-time
licensing clerks, one full-time attorney, and 2 full-time
investigators. These employees shall work exclusively in the
licensing and enforcement of the design profession Acts set
forth in this Section and shall not be used for the licensing
and enforcement of any other Act or other duties in the
Department of Professional Regulation.
(Source: P.A. 87-781.)
Section 25. The Illinois Architecture Practice Act of
1989 is amended by changing Sections 3, 21, and 38 as
follows:
(225 ILCS 305/3) (from Ch. 111, par. 1303)
Sec. 3. Application of Act. Nothing in this Act shall
be deemed or construed to prevent the practice of structural
engineering as defined in the Structural Engineering Practice
Licensing Act of 1989, the practice of professional
engineering as defined in the Professional Engineering
Practice Act of 1989, or the preparation of documents used to
prescribe work to be done inside buildings for
non-loadbearing interior construction, furnishings, fixtures
and equipment, or the offering or preparation of
environmental analysis, feasibility studies, programming or
construction management services by persons other than those
licensed in accordance with this Act, the Structural
Engineering Practice Licensing Act of 1989 or the
Professional Engineering Practice Act of 1989.
Nothing contained in this Act shall prevent the
draftsmen, students, project representatives and other
employees of those lawfully practicing as licensed architects
under the provisions of this Act, from acting under the
direct supervision and control of their employers, or to
prevent the employment of project representatives for
enlargement or alteration of buildings or any parts thereof,
or prevent such project representatives from acting under the
direct supervision and control of the licensed architect by
whom the construction documents including drawings and
specifications of any such building, enlargement or
alteration were prepared.
Nothing in this Act or any other Act shall prevent a
registered architect from practicing interior design
services. Nothing in this Act shall be construed as
requiring the services of an interior designer for the
interior designing of a single family residence.
This Act does not apply to any of the following:
(A) The building, remodeling or repairing of any
building or other structure outside of the corporate
limits of any city or village, where such building or
structure is to be, or is used for residential or farm
purposes, or for the purposes of outbuildings or
auxiliary buildings in connection with such residential
or farm premises.
(B) The construction, remodeling or repairing of a
detached single family residence on a single lot.
(C) The construction, remodeling or repairing of a
two-family residence of wood frame construction on a
single lot, not more than two stories and basement in
height.
(D) Interior design services for buildings which do
not involve life safety or structural changes.
However, all buildings not included in the preceding
paragraphs (A) through (D), including multi-family buildings
and buildings previously exempt under those paragraphs but
subsequently non-exempt due to a change in occupancy or use,
are subject to the requirements of this Act. Interior
alterations which result in life safety or structural changes
of the building are subject to the requirements of this Act.
(Source: P.A. 87-435; 88-650, eff. 9-16-94.)
(225 ILCS 305/21) (from Ch. 111, par. 1321)
Sec. 21. Professional design firm registration;
conditions.
(a) Nothing in this Act shall prohibit the formation,
under the provisions of the Professional Service Corporation
Act, of a corporation to practice architecture.
Any business not formed under the provisions of the
Professional Service Corporation Act and not registered as
such with the Department, and which includes the practice of
architecture within its stated purposes, practices, or holds
itself out as available to practice architecture, shall
register with the Department under this Section. Any
professional service corporation, sole proprietorship, or
professional design firm offering architectural services must
have a resident architect overseeing the architectural
practices in each location in which architectural services
are provided.
Any sole proprietorship not owned and operated by an
Illinois licensed design professional licensed under this Act
shall be prohibited from offering architectural services to
the public. "Illinois licensed design professional" means a
person who holds an active license as an architect under this
Act, as a structural engineer under the Structural
Engineering Practice Licensing Act of 1989, or as a
professional engineer under the Professional Engineering
Practice Act of 1989. Any sole proprietorship owned and
operated by an architect with an active license issued under
this Act and conducting or transacting such business under an
assumed name in accordance with the provisions of the Assumed
Business Name Act shall comply with the registration
requirements of a professional design firm. Any sole
proprietorship owned and operated by an architect with an
active license issued under this Act and conducting or
transacting such business under the real name of the sole
proprietor is exempt from the registration requirements of a
professional design firm.
(b) Any corporation, partnership, or professional design
firm seeking to be registered under this Section shall not be
registered unless:
(1) two-thirds of the board of directors, in the
case of a corporation, or two-thirds of the general
partners, in the case of a partnership, or two-thirds of
the members, in the case of a limited liability company,
are licensed under the laws of any State to practice
architecture, professional engineering, or structural
engineering; and
(2) the person having the architectural practice in
this State in his charge is (A) a director in the case of
a corporation, a general partner in the case of a
partnership, or a member in the case of a limited
liability company, and (B) holds a license under this
Act.
Any corporation, limited liability company, professional
service corporation, or partnership qualifying under this
Section and practicing in this State shall file with the
Department any information concerning its officers,
directors, members, managers, partners or beneficial owners
as the Department may, by rule, require.
(c) No business shall practice or hold itself out as
available to practice architecture until it is registered
with the Department.
(d) Any business seeking to be registered under this
Section shall make application on a form provided by the
Department and shall provide any information requested by the
Department, which shall include but shall not be limited to
all of the following:
(1) The name and architect's license number of at
least one person designated as the managing agent in
responsible charge of the practice of architecture in
Illinois. In the case of a corporation, the corporation
shall also submit a certified copy of the resolution by
the board of directors designating at least one managing
agent. If a limited liability company, the company shall
submit a certified copy of either its articles of
organization or operating agreement designating the
managing agent.
(2) The names and architect's, professional
engineer's, or structural engineer's, license numbers of
the directors, in the case of a corporation, the members,
in the case of a limited liability company, or general
partners, in the case of a partnership.
(3) A list of all locations at which the
professional design firm provides architectural services.
(4) A list of all assumed names of the business.
Nothing in this Section shall be construed to exempt a
business from compliance with the requirements of the
Assumed Business Name Act.
It is the responsibility of the professional design firm
to provide the Department notice, in writing, of any changes
in the information requested on the application.
(e) In the event a managing agent is terminated or
terminates his or her status as managing agent of the
professional design firm, the managing agent and professional
design firm shall notify the Department of this fact in
writing, by certified mail, within 10 business days of
termination.
Thereafter, the professional design firm, if it has so
informed the Department, has 30 days in which to notify the
Department of the name and architect's license number of the
architect who is the newly designated managing agent. If a
corporation, the corporation shall also submit a certified
copy of a resolution by the board of directors designating
the new managing agent. If a limited liability company, the
company shall also submit a certified copy of either its
articles of organization or operating agreement designating
the new managing agent. The Department may, upon good cause
shown, extend the original 30 day period.
If the professional design firm has not notified the
Department in writing, by certified mail within the specified
time, the registration shall be terminated without prior
hearing. Notification of termination shall be sent by
certified mail to the last known address of the business. If
the professional design firm continues to operate and offer
architectural services after the termination, the Department
may seek prosecution under Sections 22, 36, and 36a of this
Act for the unlicensed practice of architecture.
(f) No professional design firm shall be relieved of
responsibility for the conduct or acts of its agents,
employees, or officers by reason of its compliance with this
Section, nor shall any individual practicing architecture be
relieved of the responsibility for professional services
performed by reason of the individual's employment or
relationship with a professional design firm registered under
this Section.
(g) Disciplinary action against a professional design
firm registered under this Section shall be administered in
the same manner and on the same grounds as disciplinary
action against a licensed architect. All disciplinary action
taken or pending against a corporation or partnership before
the effective date of this amendatory Act of 1993 shall be
continued or remain in effect without the Department filing
separate actions.
(Source: P.A. 88-428; 89-594, eff. 8-1-96.)
(225 ILCS 305/38) (from Ch. 111, par. 1338)
Sec. 38. Fund; appropriations; investments; audits.
Moneys deposited in the Design Professionals Administration
and Investigation Fund shall be appropriated to the
Department exclusively for expenses of the Department and the
Board in the administration of this Act, the Illinois
Professional Land Surveyor Act of 1989, the Professional
Engineering Practice Act of 1989, and the Structural
Engineering Practice Licensing Act of 1989. The expenses of
the Department under this Act shall be limited to the
ordinary and contingent expenses of the Design Professionals
Dedicated Employees within the Department as established
under Section 62.1 of the Civil Administrative Code of
Illinois and other expenses related to the administration and
enforcement of this Act.
Moneys from the Fund may also be used for direct and
allocable indirect costs related to the public purposes of
the Department of Professional Regulation. Moneys in the
Fund may be transferred to the Professions Indirect Cost Fund
as authorized by Section 61e of the Civil Administrative Code
of Illinois.
All fines and penalties under Sections 22 and 36 shall be
deposited in the Design Professional Administration and
Investigation Fund.
Moneys in the Design Professional Administration and
Investigation Fund may be invested and reinvested, with all
earnings received from the investments to be deposited in the
Design Professionals Administration and Investigation Fund
and used for the same purposes as fees deposited in the Fund.
Upon the completion of any audit of the Department as
prescribed by the Illinois State Auditing Act that includes
an audit of the Design Professionals Administration and
Investigation Fund, the Department shall make the audit open
to inspection by any interested person. The copy of the
audit report required to be submitted to the Department by
this Section is an addition to copies of audit reports
required to be submitted to other State officers and agencies
by Section 3-14 of the Illinois State Auditing Act.
(Source: P.A. 89-204, eff. 1-1-96.)
Section 30. The Interior Design Professional Title Act
is amended by changing Section 4 as follows:
(225 ILCS 310/4) (from Ch. 111, par. 8204)
Sec. 4. (a) No individual shall, without a valid
registration as an interior designer issued by the
Department, in any manner hold himself out to the public as
an interior designer or attach the title "interior designer"
or any other name or designation which would in any way imply
that he is able to use the title "interior designer" as
defined in this Act. No individual shall, without a valid
registration as a residential interior designer issued by the
Department, in any manner hold himself out to the public as a
residential interior designer, or use the title "residential
interior designer" or any name or designation that would in
any way imply that he is able to use the title "residential
interior designer" as defined in this Act.
(a-5) Nothing in this Act shall be construed as
preventing or restricting the services offered or advertised
by an interior designer who is registered under this Act.
(b) Nothing in this Act shall prevent the employment, by
an interior designer or residential interior designer,
association, partnership, or a corporation furnishing
interior design or residential interior design services for
remuneration, of persons not registered as interior designers
or residential interior designers to perform services in
various capacities as needed, provided that the persons do
not represent themselves as, or use the title of, "interior
designer", "registered interior designer", "residential
interior designer" or "registered residential interior
designer".
(c) Nothing in this Act shall be construed to limit the
activities and use of the title "interior designer" or
"residential interior designer" on the part of a person not
registered under this Act who is a graduate of an interior
design program and a full-time employee of a duly chartered
institution of higher education insofar as such person
engages in public speaking, with or without remuneration,
provided that such person does not represent himself to be an
interior designer or use the title "registered interior
designer" or "registered residential interior designer".
(d) Nothing contained in this Act shall restrict any
person not registered under this Act from carrying out any of
the activities under paragraph (f) of Section 3 (3) if such
person does not represent himself or his services in any
manner prohibited by this Act.
(e) Nothing in this Act shall be construed as preventing
or restricting the practice, services, or activities of any
person licensed in this State under any other law from
engaging in the profession or occupation for which he is
licensed.
(f) Nothing in this Act shall be construed as preventing
or restricting the practice, services, or activities of
engineers licensed under the Professional Engineering
Practice Act of 1989 or the Structural Engineering Practice
Licensing Act of 1989; architects licensed pursuant to the
Illinois Architectural Practice Act of 1989; any interior
decorator or individual offering interior decorating services
including, but not limited to, the selection of surface
materials, window treatments, wall coverings, furniture,
accessories, paint, floor coverings, and lighting fixtures;
or builders, home furnishings salespersons, and similar
purveyors of goods and services relating to homemaking.
(g) Nothing in this Act or any other Act shall prevent a
licensed architect from practicing interior design services
or from using the title "interior designer" or "residential
interior designer". Nothing in this Act shall be construed
as requiring the services of an interior designer or
residential interior designer for the interior designing of a
single family residence.
(h) Nothing in this Act shall authorize interior
designers or residential interior designers to perform
services, including life safety services that they are
prohibited from performing, or any practice (i) that is
restricted in the Illinois Architecture Practice Act of 1989,
the Professional Engineering Practice Act of 1989, or the
Structural Engineering Practice Licensing Act of 1989, or
(ii) that they are not authorized to perform under the
Environmental Barriers Act.
(Source: P.A. 88-650, eff. 9-16-94; revised 10-31-98.)
Section 35. The Illinois Plumbing License Law is amended
by changing Section 3 as follows:
(225 ILCS 320/3) (from Ch. 111, par. 1103)
Sec. 3. (1) All planning and designing of plumbing
systems and all plumbing shall be performed only by plumbers
licensed under the provisions of this Act hereinafter called
"licensed plumbers" and "licensed apprentice plumbers". The
inspection of plumbing and plumbing systems shall be done
only by the sponsor or his or her agent who shall be an
Illinois licensed plumber. Nothing herein contained shall
prohibit licensed plumbers or licensed apprentice plumbers
under supervision from planning, designing, inspecting,
installing, repairing, maintaining, altering or extending
building sewers in accordance with this Act. No person who
holds a license or certificate of registration under the
Illinois Architecture Practice Act of 1989, or the Structural
Engineering Practice Licensing Act of 1989, or the
Professional Engineering Practice Act of 1989 shall be
prevented from planning and designing plumbing systems.
(2) Nothing herein contained shall prohibit the owner
occupant or lessee occupant of a single family residence, or
the owner of a single family residence under construction for
his or her occupancy, from planning, installing, altering or
repairing the plumbing system of such residence, provided
that (i) such plumbing shall comply with the minimum
standards for plumbing contained in the Illinois State
Plumbing Code, and shall be subject to inspection by the
Department or the local governmental unit if it retains a
licensed plumber as an inspector; and (ii) such owner, owner
occupant or lessee occupant shall not employ other than a
plumber licensed pursuant to this Act to assist him or her.
For purposes of this subsection, a person shall be
considered an "occupant" if and only if he or she has taken
possession of and is living in the premises as his or her
bona fide sole and exclusive residence, or, in the case of
an owner of a single family residence under construction for
his or her occupancy, he or she expects to take possession of
and live in the premises as his or her bona fide sole and
exclusive residence, and he or she has a current intention to
live in such premises as his or her bona fide sole and
exclusive residence for a period of not less than 6 months
after the completion of the plumbing work performed pursuant
to the authorization of this subsection, or, in the case of
an owner of a single family residence under construction for
his or her occupancy, for a period of not less than 6 months
after the completion of construction of the residence.
Failure to possess and live in the premises as a sole and
exclusive residence for a period of 6 months or more shall
create a rebuttable presumption of a lack of such intention.
(3) The employees of a firm, association, partnership or
corporation who engage in plumbing shall be licensed plumbers
or licensed apprentice plumbers. At least one member of every
firm, association or partnership engaged in plumbing work,
and at least one corporate officer of every corporation
engaged in plumbing work, as the case may be, shall be a
licensed plumber. A retired plumber cannot fulfill the
requirements of this subsection (3).
(4) (a) A licensed apprentice plumber shall plan, design
and install plumbing only under the supervision of the
sponsor or his or her agent who is also an Illinois
licensed plumber.
(b) An applicant for licensing as an apprentice
plumber shall be at least 16 years of age and apply on
the application form provided by the Department. Such
application shall verify that the applicant is sponsored
by an Illinois licensed plumber or an approved
apprenticeship program and shall contain the name and
license number of the licensed plumber or program
sponsor.
(c) No licensed plumber shall sponsor more than 2
licensed apprentice plumbers at the same time. If 2
licensed apprentice plumbers are sponsored by a plumber
at the same time, one of the apprentices must have, at a
minimum, 2 years experience as a licensed apprentice. No
licensed plumber sponsor or his or her agent may
supervise 2 licensed apprentices with less than 2 years
experience at the same time. The sponsor or agent shall
supervise and be responsible for the plumbing performed
by a licensed apprentice.
(d) No agent shall supervise more than 2 licensed
apprentices at the same time.
(e) No licensed plumber may, in any capacity,
supervise more than 2 licensed apprentice plumbers at the
same time.
(f) No approved apprenticeship program may sponsor
more licensed apprentices than 2 times the number of
licensed plumbers available to supervise those licensed
apprentices.
(g) No approved apprenticeship program may sponsor
more licensed apprentices with less than 2 years
experience than it has licensed plumbers available to
supervise those licensed apprentices.
(h) No individual shall work as an apprentice
plumber unless he or she is properly licensed under this
Act. The Department shall issue an apprentice plumber's
license to each approved applicant.
(i) No licensed apprentice plumber shall serve more
than a 6 year licensed apprenticeship period. If, upon
completion of a 6 year licensed apprenticeship period,
such licensed apprentice plumber does not apply for the
examination for a plumber's license and successfully pass
the examination for a plumber's license, his or her
apprentice plumber's license shall not be renewed.
Nothing contained in P.A. 83-878, entitled "An Act in
relation to professions", approved September 26, 1983, was
intended by the General Assembly nor should it be construed
to require the employees of a governmental unit or privately
owned municipal water supplier who operate, maintain or
repair a water or sewer plant facility which is owned or
operated by such governmental unit or privately owned
municipal water supplier to be licensed plumbers under this
Act. In addition, nothing contained in P.A. 83-878 was
intended by the General Assembly nor should it be construed
to permit persons other than licensed plumbers to perform the
installation, repair, maintenance or replacement of plumbing
fixtures, such as toilet facilities, floor drains, showers
and lavatories, and the piping attendant to those fixtures,
within such facility or in the construction of a new
facility.
Nothing contained in P.A. 83-878, entitled "An Act in
relation to professions", approved September 26, 1983, was
intended by the General Assembly nor should it be construed
to require the employees of a governmental unit or privately
owned municipal water supplier who install, repair or
maintain water service lines from water mains in the street,
alley or curb line to private property lines and who install,
repair or maintain water meters to be licensed plumbers under
this Act if such work was customarily performed prior to the
effective date of such Act by employees of such governmental
unit or privately owned municipal water supplier who were not
licensed plumbers. Any such work which was customarily
performed prior to the effective date of such Act by persons
who were licensed plumbers or subcontracted to persons who
were licensed plumbers must continue to be performed by
persons who are licensed plumbers or subcontracted to persons
who are licensed plumbers. When necessary under this Act,
the Department shall make the determination whether or not
persons who are licensed plumbers customarily performed such
work.
(Source: P.A. 89-665, eff. 8-14-96.)
Section 40. The Professional Engineering Practice Act of
1989 is amended by changing Sections 3, 4, 23, 44, and 47 as
follows:
(225 ILCS 325/3) (from Ch. 111, par. 5203)
Sec. 3. Application of the Act; Exemptions.
(a) Nothing in this Act shall be construed to prevent
the practice of structural engineering as defined in the
Structural Engineering Practice Licensing Act of 1989 or the
practice of architecture as defined in the Illinois
Architecture Practice Act of 1989 or the regular and
customary practice of construction contracting and
construction management as performed by construction
contractors.
(b) Nothing in this Act shall prevent:
(1) Employees, including project representatives,
of professional engineers lawfully practicing as sole
owners, partnerships or corporations under this Act, from
acting under the direct supervision of their employers.
(2) The employment of owner's representatives by
the owner during the constructing, adding to, or altering
of a project, or any parts thereof, provided that such
owner's representative shall not have the authority to
deviate from the technical submissions without the prior
approval of the professional engineer for the project.
(3) The practice of officers and employees of the
Government of the United States while engaged within this
State in the practice of the profession of engineering
for the Government.
(4) Services performed by employees of a business
organization engaged in utility, industrial or
manufacturing operations, or by employees of laboratory
research affiliates of such business organization which
are rendered in connection with the fabrication or
production, sale, and installation of products, systems,
or nonengineering services of the business organization
or its affiliates.
(5) Inspection, maintenance and service work done
by employees of the State of Illinois, any political
subdivision thereof or any municipality.
(6) The activities performed by those ordinarily
designated as chief engineer of plant operation, chief
operating engineer, locomotive, stationary, marine, power
plant or hoisting and portable engineers, electrical
maintenance or service engineers, personnel employed in
connection with construction, operation or maintenance of
street lighting, traffic control signals, police and fire
alarm systems, waterworks, steam, electric, and sewage
treatment and disposal plants, or the services ordinarily
performed by any worker regularly employed as a
locomotive, stationary, marine, power plant, or hoisting
and portable engineer or electrical maintenance or
service engineer for any corporation, contractor or
employer.
(7) The activities performed by a person ordinarily
designated as a supervising engineer or supervising
electrical maintenance or service engineer who supervises
the operation of, or who operates, machinery or
equipment, or who supervises construction or the
installation of equipment within a plant which is under
such person's immediate supervision.
(8) The services, for private use, of contractors
or owners in the construction of engineering works or the
installation of equipment.
(c) No officer, board, commission, or other public
entity charged with the enforcement of codes and ordinances
involving a professional engineering project shall accept for
filing or approval any technical submissions that do not bear
the seal and signature of a professional engineer licensed
under this Act.
(d) Nothing contained in this Section imposes upon a
person licensed under this Act the responsibility for the
performance of any of the foregoing functions unless such
person specifically contracts to provide it.
(Source: P.A. 86-667; 86-1475.)
(225 ILCS 325/4) (from Ch. 111, par. 5204)
Sec. 4. Definitions. As used in this Act:
(a) "Approved engineering curriculum" means an
engineering curriculum of 4 academic years or more which
meets the standards established by the rules of the
Department.
(b) "Board" means the State Board of Professional
Engineers of the Department of Professional Regulation,
previously known as the Examining Committee.
(c) "Department" means the Department of Professional
Regulation.
(d) "Design professional" means an architect, structural
engineer or professional engineer practicing in conformance
with the Illinois Architecture Practice Act of 1989, the
Structural Engineering Practice Licensing Act of 1989 or the
Professional Engineering Practice Act of 1989.
(e) "Director" means the Director of Professional
Regulation.
(f) "Direct supervision/responsible charge" means work
prepared under the control of a licensed professional
engineer or that work as to which that professional engineer
has detailed professional knowledge.
(g) "Engineering college" means a school, college,
university, department of a university or other educational
institution, reputable and in good standing in accordance
with rules prescribed by the Department, and which grants
baccalaureate degrees in engineering.
(h) "Engineering system or facility" means a system or
facility whose design is based upon the application of the
principles of science for the purpose of modification of
natural states of being.
(i) "Engineer intern" means a person who is a candidate
for licensure as a professional engineer and who has been
enrolled as an engineer intern.
(j) "Enrollment" means an action by the Department to
record those individuals who have met the Board's
requirements for an engineer intern.
(k) "License" means an official document issued by the
Department to an individual, a corporation or a partnership
signifying authority to practice.
(l) "Negligence in the practice of professional
engineering" means the failure to exercise that degree of
reasonable professional skill, judgment and diligence
normally rendered by professional engineers in the practice
of professional engineering.
(m) "Professional engineer" means a person licensed
under the laws of the State of Illinois to practice
professional engineering.
(n) "Professional engineering" means the application of
science to the design of engineering systems and facilities
using the knowledge, skills, ability and professional
judgment developed through professional engineering
education, training and experience.
(o) "Professional engineering practice" means the
consultation on, conception, investigation, evaluation,
planning, and design of, and selection of materials and
methods to be used in, administration of construction
contracts for, or site observation of an engineering system
or facility, where such consultation, conception,
investigation, evaluation, planning, design, selection,
administration, or observation requires extensive knowledge
of engineering laws, formulae, materials, practice, and
construction methods. A person shall be construed to
practice or offer to practice professional engineering,
within the meaning and intent of this Act, who practices, or
who, by verbal claim, sign, advertisement, letterhead, card,
or any other way, is represented to be a professional
engineer, or through the use of the initials "P.E." or the
title "engineer" or any of its derivations or some other
title implies licensure as a professional engineer, or holds
himself out as able to perform any service which is
recognized as professional engineering practice.
Examples of the practice of professional engineering
include, but need not be limited to, transportation
facilities and publicly owned utilities for a region or
community, railroads, railways, highways, subways, canals,
harbors, river improvements; irrigation works; aircraft,
airports and landing fields; waterworks, piping systems and
appurtenances, sewers, sewage disposal works; plants for the
generation of power; devices for the utilization of power;
boilers; refrigeration plants, air conditioning systems and
plants; heating systems and plants; plants for the
transmission or distribution of power; electrical plants
which produce, transmit, distribute, or utilize electrical
energy; works for the extraction of minerals from the earth;
plants for the refining, alloying or treating of metals;
chemical works and industrial plants involving the use of
chemicals and chemical processes; plants for the production,
conversion, or utilization of nuclear, chemical, or radiant
energy; forensic engineering, geotechnical engineering
including, subsurface investigations; soil classification,
geology and geohydrology, incidental to the practice of
professional engineering; energy analysis, environmental
design, hazardous waste mitigation and control; recognition,
measurement, evaluation and control of environmental systems
and emissions; automated building management systems; or the
provision of professional engineering site observation of the
construction of works and engineering systems. Nothing
contained in this Section imposes upon a person licensed
under this Act the responsibility for the performance of any
of the foregoing functions unless such person specifically
contracts to provide it.
(p) "Project representative" means the professional
engineer's representative at the project site who assists in
the administration of the construction contract.
(q) "Registered" means the same as "licensed" for
purposes of this Act.
(r) "Related science curriculum" means a 4 year program
of study, the satisfactory completion of which results in a
Bachelor of Science degree, and which contains courses from
such areas as life, earth, engineering and computer sciences,
including but not limited to, physics and chemistry. In the
study of these sciences, the objective is to acquire
fundamental knowledge about the nature of its phenomena,
including quantitative expression, appropriate to particular
fields of engineering.
(s) "Rules" means those rules promulgated pursuant to
this Act.
(t) "Seal" means the seal in compliance with Section 14
of this Act.
(u) "Site observation" is visitation of the construction
site for the purpose of reviewing, as available, the quality
and conformance of the work to the technical submissions as
they relate to design.
(v) "Support design professional" means a professional
engineer practicing in conformance with the Professional
Engineering Practice Act of 1989, who provides services to
the design professional who has contract responsibility.
(w) "Technical submissions" means designs, drawings, and
specifications which establish the standard of quality for
materials, workmanship, equipment, and the construction
systems, studies, and other technical reports prepared in the
course of a design professional's practice.
(Source: P.A. 88-372.)
(225 ILCS 325/23) (from Ch. 111, par. 5223)
Sec. 23. Professional design firm registration.
(a) Nothing in this Act shall prohibit the formation,
under the provisions of the Professional Service Corporation
Act, as amended, of a corporation to practice professional
engineering.
Any business not formed under the provisions of the
Professional Service Corporation Act and not registered as
such with the Department, and which includes within its
stated purposes or practices, or holds itself out as
available to practice, professional engineering, shall be
registered with the Department pursuant to the provisions set
forth in this Section.
Any sole proprietorship not owned and operated by an
Illinois licensed design professional licensed under this Act
shall be prohibited from offering professional engineering
services to the public. Any sole proprietorship owned and
operated by a professional engineer with an active license
issued under this Act and conducting or transacting such
business under an assumed name in accordance with the
provisions of the Assumed Business Name Act shall comply with
the registration requirements of a professional design firm.
Any sole proprietorship owned and operated by a professional
engineer with an active license issued under this Act and
conducting or transacting such business under the real name
of the sole proprietor is exempt from the registration
requirements of a professional design firm. "Illinois
licensed design professional" means a person who holds an
active license as a professional engineer under this Act, as
an architect under the Illinois Architecture Practice Act of
1989, or as a structural engineer under the Structural
Engineering Practice Licensing Act of 1989.
(b) Any professional design firm seeking to be
registered pursuant to the provisions of this Section shall
not be registered unless one or more managing agents in
charge of professional engineering activities in this State
are designated by the professional design firm. Each
managing agent must at all times maintain a valid, active
license to practice professional engineering in Illinois.
No individual whose license to practice professional
engineering in this State is currently in a suspended or
revoked status shall act as a managing agent for a
professional design firm.
(c) Any business seeking to be registered under this
Section shall make application on a form provided by the
Department and shall provide such information as requested by
the Department, which shall include, but not be limited to:
(1) the name and license number of the person
designated as the managing agent in responsible charge of
the practice of professional engineering in Illinois. In
the case of a corporation, the corporation shall also
submit a certified copy of the resolution by the board of
directors designating the managing agent. In the case of
a limited liability company, the company shall submit a
certified copy of either its articles of organization or
operating agreement designating the managing agent;
(2) the names and license numbers of the directors,
in the case of a corporation, the members, in the case of
a limited liability company, or general partners, in the
case of a partnership;
(3) a list of all office locations at which the
professional design firm provides professional
engineering services to the public; and
(4) a list of all assumed names of the business.
Nothing in this Section shall be construed to exempt a
professional design firm, sole proprietorship, or
professional service corporation from compliance with the
requirements of the Assumed Business Name Act.
It is the responsibility of the professional design firm
to provide the Department notice, in writing, of any changes
in the information requested on the application.
(d) The Department shall issue to each business a
certificate of registration to practice professional
engineering or offer the services of its licensees in this
State upon submittal of a proper application for registration
and payment of fees. The expiration date and renewal period
for each registration and renewal procedures shall be
established by rule.
(e) In the event a managing agent is terminated or
terminates his or her status as managing agent of the
professional design firm, the managing agent and professional
design firm shall notify the Department of this fact in
writing, by certified mail, within 10 business days of such
termination. Thereafter, the professional design firm, if it
has so informed the Department, shall have 30 days in which
to notify the Department of the name and license number of a
newly designated managing agent. If a corporation, the
corporation shall also submit a certified copy of a
resolution by the board of directors designating the new
managing agent. If a limited liability company, the company
shall also submit a certified copy of either its articles of
organization or operating agreement designating the new
managing agent. The Department may, upon good cause shown,
extend the original 30 day period.
If the professional design firm has not notified the
Department in writing, by certified mail within the specified
time, the registration shall be terminated without prior
hearing. Notification of termination shall be sent by
certified mail to the last known address of the business. If
the professional design firm continues to operate and offer
professional engineering services after the termination, the
Department may seek prosecution under Sections 24, 39, and 40
of this Act for the unlicensed practice of professional
engineering.
(f) No professional design firm shall be relieved of
responsibility for the conduct or acts of its agent,
employees, members, managers, or officers by reason of its
compliance with this Section, nor shall any individual
practicing professional engineering be relieved of the
responsibility for professional services performed by reason
of the individual's employment or relationship with a
professional design firm registered under this Section.
(g) Disciplinary action against a professional design
firm registered under this Section shall be administered in
the same manner and on the same grounds as disciplinary
action against a licensed professional engineer. All
disciplinary action taken or pending against a corporation or
partnership before the effective date of this amendatory Act
of 1993 shall be continued or remain in effect without the
Department filing separate actions.
(Source: P.A. 88-428; 89-594, eff. 8-1-96.)
(225 ILCS 325/44) (from Ch. 111, par. 5244)
Sec. 44. Fund; appropriations; investments; audits.
Moneys deposited in the Design Professionals Administration
and Investigation Fund shall be appropriated to the
Department exclusively for expenses of the Department and the
Board in the administration of this Act, the Illinois
Professional Land Surveyor Act of 1989, the Illinois
Architecture Practice Act, and the Structural Engineering
Practice Licensing Act of 1989. The expenses of the
Department under this Act shall be limited to the ordinary
and contingent expenses of the Design Professionals Dedicated
Employees within the Department as established under Section
62.1 of the Civil Administrative Code of Illinois and other
expenses related to the administration and enforcement of
this Act.
Moneys from the Fund may also be used for direct and
allocable indirect costs related to the public purposes of
the Department of Professional Regulation. Moneys in the
Fund may be transferred to the Professions Indirect Cost Fund
as authorized by Section 61e of the Civil Administrative Code
of Illinois.
Moneys in the Design Professionals Administration and
Investigation Fund may be invested and reinvested with all
earnings received from the investments to be deposited in the
Design Professionals Administration and Investigation Fund
and used for the same purposes as fees deposited in the Fund.
All fines and penalties under Section 24 and Section 39
shall be deposited in the Design Professionals Administration
and Investigation Fund.
Upon the completion of any audit of the Department as
prescribed by the Illinois State Auditing Act that audit
includes an audit of the Design Professionals Administration
and Investigation Fund, the Department shall make the audit
report open to inspection by any interested person. The copy
of the audit report required to be submitted to the
Department by this Section is in addition to copies of audit
reports required to be submitted to other State officers and
agencies by Section 3-14 of the Illinois State Auditing Act.
(Source: P.A. 89-204, eff. 1-1-96.)
(225 ILCS 325/47) (from Ch. 111, par. 5247)
Sec. 47. Practice of structural engineering or
architecture. No professional engineer shall practice either
structural engineering as defined in the Structural
Engineering Practice Licensing Act of 1989 or architecture as
defined in the Illinois Architecture Practice Act of 1989
unless he is licensed pursuant to the provisions of either
the Structural Engineering Licensing Act of 1989 or the
Illinois Architecture Practice Act, respectively.
(Source: P.A. 86-667; 86-1475.)
Section 45. The Illinois Professional Land Surveyor Act
of 1989 is amended by changing Sections 4 and 48 as follows:
(225 ILCS 330/4) (from Ch. 111, par. 3254)
Sec. 4. Definitions. As used in this Act:
(a) "Department" means the Department of Professional
Regulation.
(b) "Director" means the Director of Professional
Regulation.
(c) "Board" means the Land Surveyors Examining Board.
(d) "Direct supervision and control" means the personal
review by a Licensed Professional Land Surveyor of each
survey, including, but not limited to, procurement, research,
field work, calculations, preparation of legal descriptions
and plats. The personal review shall be of such a nature as
to assure the client that the Professional Land Surveyor or
the firm for which the Professional Land Surveyor is employed
is the provider of the surveying services.
(e) "Responsible charge" means an individual responsible
for the various components of the land survey operations
subject to the overall supervision and control of the
Professional Land Surveyor.
(f) "Design professional" means a land surveyor,
architect, structural engineer, or professional engineer
practicing in conformance with this Act, the Illinois
Architecture Practice Act of 1989, the Structural Engineering
Practice Licensing Act of 1989, or the Professional
Engineering Practice Act of 1989.
(g) "Professional Land Surveyor" means any person
licensed under the laws of the State of Illinois to practice
land surveying, as defined by this Act or its rules.
(h) "Land Surveyor-in-Training" means any person
licensed under the laws of the State of Illinois who has
qualified for, taken, and passed an examination in the
fundamental land surveyor-in-training subjects as provided by
this Act or its rules.
(i) "Land surveying experience" means those activities
enumerated in Section 5 of this Act, which, when exercised in
combination, to the satisfaction of the Board, is proof of an
applicant's broad range of training in and exposure to the
prevailing practice of land surveying.
(Source: P.A. 86-987; 86-1475.)
(225 ILCS 330/48) (from Ch. 111, par. 3298)
Sec. 48. Fund, appropriations, investments and audits.
The moneys deposited in the Design Professionals
Administration and Investigation Fund from fines and fees
under this Act shall be appropriated to the Department
exclusively for expenses of the Department and the Board in
the administration of this Act, the Illinois Architecture
Practice Act, the Professional Engineering Practice Act of
1989, and the Structural Engineering Practice Licensing Act
of 1989. The expenses of the Department under this Act shall
be limited to the ordinary and contingent expenses of the
Design Professionals Dedicated Employees within the
Department as established under Section 62.1 of the Civil
Administrative Code of Illinois and other expenses related to
the administration and enforcement of this Act.
Moneys from the Fund may also be used for direct and
allocable indirect costs related to the public purposes of
the Department of Professional Regulation. Moneys in the
Fund may be transferred to the Professions Indirect Cost Fund
as authorized by Section 61e of the Civil Administrative Code
of Illinois.
Moneys in the Design Professionals Administration and
Investigation Fund may be invested and reinvested with all
earnings received from the investments to be deposited in the
Design Professionals Administration and Investigation Fund
and used for the same purposes as fees deposited in that
Fund.
Upon the completion of any audit of the Department as
prescribed by the Illinois State Auditing Act that includes
an audit of the Design Professionals Administration and
Investigation Fund, the Department shall make the audit open
to inspection by any interested person. The copy of the
audit report required to be submitted to the Department by
this Section is in addition to copies of audit reports
required to be submitted to other State officers and agencies
by Section 3-14 of the Illinois State Auditing Act.
(Source: P.A. 89-204, eff. 1-1-96.)
Section 50. The Structural Engineering Licensing Act of
1989 is amended by changing Sections 2, 4, 6, 7, 8, 9, 10,
11, 12, 16, 17, 19, and 20 and adding Section 14.5 as
follows:
(225 ILCS 340/2) (from Ch. 111, par. 6602)
Sec. 2. This Act shall be known and may be cited as the
Structural Engineering Practice Licensing Act of 1989.
(Source: P.A. 86-711.)
(225 ILCS 340/4) (from Ch. 111, par. 6604)
Sec. 4. In this Act:
(a) "Department" means the Department of Professional
Regulation.
(b) "Director" means the Director of the Department of
Professional Regulation.
(c) "Board" means the Structural Engineering Board
appointed by the Director.
(d) "Negligence in the practice of structural
engineering" means the failure to exercise that degree of
reasonable professional skill, judgment and diligence
normally rendered by structural engineers in the practice of
structural engineering.
(e) "Structural engineer intern" means a person who is a
candidate for licensure as a structural engineer and who has
been enrolled as a structural engineer intern.
(f) "Structural engineer" means a person licensed under
the laws of the State of Illinois to practice structural
engineering.
(Source: P.A. 86-711.)
(225 ILCS 340/6) (from Ch. 111, par. 6606)
Sec. 6. The Department of Professional Regulation shall
exercise the following functions, powers and duties subject
to the provisions of this Act:
(1) Conduct examinations to ascertain the qualifications
and fitness of applicants for licensure as licensed
structural engineers, and pass upon the qualifications and
fitness of applicants for licensure by endorsement.
(2) Prescribe rules for a method of examination of
candidates.
(3) Prescribe rules defining what shall constitute a
school, college or university or department of a university,
or other institution, reputable and in good standing, and to
determine the reputability and good standing of a school,
college or other institution reputable and in good standing
by reference to a compliance with such rules; provided that
no school, college or university, or department of a
university or other institution that refuses admittance to
applicants, solely on account of race, color, creed, sex,
religion, physical or mental handicap unrelated to ability,
or national origin shall be considered reputable and in good
standing.
(3.5) Register corporations, partnerships, professional
service corporations, limited liability companies, and sole
proprietorships for the practice of structural engineering
and issue a license to those who qualify.
(4) Investigate complaints, conduct oral interviews,
disciplinary conferences, and formal evidentiary hearings on
proceedings to refuse to issue, renew or restore, or to
suspend or revoke a license, or to place on probation or
reprimand a licensee for reasons set forth in Section 20 of
this Act.
(5) Formulate rules necessary to carry out the
provisions of this Act.
(6) Maintain membership in a national organization that
provides an acceptable structural engineering examination and
participate in activities of the organization by designation
of individuals for the various classifications of membership
and the appointment of delegates for attendance at regional
and national meetings of the organization. All costs
associated with membership and attendance of such delegates
to any national meetings may be funded from the Design
Professionals Administration and Investigation Fund.
Prior to issuance of any final decision or order that
deviates from any report or recommendation of the Board
relating to the qualification of applicants, discipline of
licensees or registrants, or promulgation of rules, the
Director shall notify the Board and the Secretary of State in
writing with an explanation of any such deviation and provide
a reasonable time for the Board to submit written comments to
the Director regarding the proposed action. In the event
that the Board fails or declines to submit such written
comments within 30 days of said notification, the Director
may issue a final decision or order consistent with the
Director's original decision.
None of these functions, powers or duties shall be
exercised by the Department of Professional Regulation except
upon the action and report in writing of the Board.
(Source: P.A. 86-711.)
(225 ILCS 340/7) (from Ch. 111, par. 6607)
Sec. 7. The Director shall appoint a Structural
Engineering Board which shall consist of 6 members. Five
members shall be Illinois licensed structural engineers, who
have been engaged in the practice of structural engineering
for a minimum of 10 years, and one shall be a public member.
The public member shall be a voting member and shall not hold
a license as an architect, professional engineer, structural
engineer or land surveyor.
Members shall serve 5 year terms and until their
successors are appointed and qualified, except that of the
initial appointments, 2 members shall be appointed to serve
for one year, 2 shall be appointed to serve for 2 years and 2
shall be appointed to serve for 3 years and until their
successors are appointed and qualified.
In making the designation of persons to act, the Director
shall give due consideration to recommendations by members of
the profession and by organizations of the structural
engineering profession.
The membership of the Board should reasonably reflect
representation from the geographic areas in this State.
No member shall be reappointed to the Board for a term
which would cause his or her continuous service on the Board
to be longer than 10 successive years. Service prior to the
effective date of this Act shall not be considered in
calculating length of service.
Appointments to fill vacancies shall be made in the same
manner as original appointments, for the unexpired portion of
the vacated term. Initial terms under this Act shall begin
upon the expiration of the terms of Committee members
appointed under The Illinois Structural Engineering Act.
Persons holding office as members of the Board Committee
under this the Illinois Structural Engineering Act on the
effective date of this Act shall serve as members of the
Board Committee under this Act until the expiration of the
term for which they were appointed and until their successors
are appointed and qualified under this Act.
A quorum of the Board shall consist of a majority of
Board members appointed. A majority of the quorum is
required for Board decisions. Four members shall constitute a
quorum of Board members. The Chairman shall only vote on all
matters to come before the Board in the case of a tie vote.
The Director may terminate the appointment of any member
for cause which in the opinion of the Director reasonably
justifies such termination, which may include, but is not
limited to, a Board member who does not attend 2 consecutive
meetings.
Notice of proposed rulemaking shall be transmitted to the
Board and the Department shall review the response of the
Board and any recommendations made therein. The Department
may, at any time, seek the expert advice and knowledge of the
Board on any matter relating to the administration or
enforcement of this Act.
Members of the Board shall be immune from suit in any
action based upon any disciplinary proceedings or other
activities performed in good faith as members of the Board.
Whenever the Director is not satisfied that substantial
justice has been done in an examination, the Director may
order a reexamination by the same or other examiners.
(Source: P.A. 86-711; 87-756.)
(225 ILCS 340/8) (from Ch. 111, par. 6608)
Sec. 8. The Board has the following powers and duties:
(a) The Board shall hold at least 3 regular meetings
each year;
(b) The Board shall annually elect a Chairperson and a
Vice Chairperson, both of whom chairman who shall be Illinois
a licensed structural engineers engineer;
(c) The Board, upon request by the Department, may make
a curriculum evaluation to determine if courses conform to
requirements of approved engineering programs;
(d) The Department may at any time seek the expert
advice and knowledge of the Board on any matter relating to
the enforcement of this Act;
(e) The Board may appoint a subcommittee to serve as a
Complaint Committee to recommend the disposition of case
files according to procedures established by rule;
(f) The Board shall assist the Department in conducting
oral interviews, disciplinary conferences, and formal
evidentiary hearings; and
(g) The Board shall review applicant qualifications to
sit for the examination or for licensure and shall make
recommendations to the Department, and. the Department shall
review the Board's recommendations on applicant
qualifications; and. Prior to issuance of any final decision
or order which deviates from any report or recommendation of
the Board relating to the qualification of applicants,
discipline of licensees or registrants, or promulgation of
rules, the Director shall notify the Board and the Secretary
of State in writing with an explanation of any such deviation
and provide a reasonable time for the Board to submit written
comments to the Director regarding the proposed action. In
the event that the Board fails or declines to submit such
written comments within 30 days of said notification, the
Director may issue a final decision or order consistent with
the Director's original decision.
(h) The Board shall submit written comments to the
Director within 30 days from notification of any final
decision or order from the Director that deviates from any
report or recommendation of the Board relating to the
qualification of applicants, discipline of licensees or
registrants, or promulgation of rules.
(Source: P.A. 88-428.)
(225 ILCS 340/9) (from Ch. 111, par. 6609)
Sec. 9. Applications for original licenses shall be made
to the Department in writing on forms prescribed by the
Department and shall be accompanied by the required fee,
which is not refundable. The application shall require such
information as in the judgment of the Department will enable
the Department to pass on the qualifications of the applicant
for a license. The Department may require an applicant, at
the applicant's expense, to have an evaluation of the
applicant's education in a foreign county by a nationally
recognized educational body approved by the Board in
accordance with rules prescribed by the Department.
An applicant who graduated from a structural engineering
program outside the United States or its territories and
whose first language is not English shall submit
certification of passage of the Test of English as a Foreign
Language (TOEFL) and the Test of Spoken English (TSE) as
defined by rule before taking the licensure examination.
(Source: P.A. 89-594, eff. 8-1-96.)
(225 ILCS 340/10) (from Ch. 111, par. 6610)
Sec. 10. The Department shall authorize examinations of
applicants as structural engineers at such times and places
as it may determine. The examination of applicants shall be
of a character to give a fair test of the qualifications of
the applicant to practice structural engineering.
Applicants for examination as structural engineers are
required to pay, either to the Department or the designated
testing service, a fee covering the cost of providing the
examination. Failure to appear for the examination on the
scheduled date, at the time and place specified, after the
applicant's application for examination has been received and
acknowledged by the Department or the designated testing
service, shall result in the forfeiture of the examination
fee.
If an applicant neglects, fails without an approved
excuse or refuses to take the next available examination
offered for licensure under this Act, the fee paid by the
applicant shall be forfeited to the Department and the
application denied. If an applicant fails to pass an
examination for a licensure under this Act within 3 years
after filing the application, the application shall be
denied. However, such applicant may thereafter make a new
application for examination accompanied by the required fee,
and must furnish proof of meeting the qualifications for
examination in effect at the time of new application.
An applicant has one year from the date of notification
of successful completion of the examination to apply to the
Department for a license. If an applicant fails to apply
within one year, the applicant shall be required to again
take and pass the examination unless licensed in another
jurisdiction of the United States within one year of passing
the examination.
(Source: P.A. 86-711.)
(225 ILCS 340/11) (from Ch. 111, par. 6611)
Sec. 11. A person is qualified for enrollment licensure
as a structural engineer intern or licensure as a structural
engineer if that person has applied in writing in form and
substance satisfactory to the Department and:
(a) The applicant is of good moral character. In
determining moral character under this Section, the
Department may take into consideration whether the applicant
has engaged in conduct or actions that would constitute
grounds for discipline under this Act. any felony conviction
of the applicant, but such a conviction shall not operate as
an absolute bar to licensure;
(a-5) The applicant, if a structural engineer intern
applicant, has met the minimum standards for enrollment as a
structural engineer intern, which are as follows:
(1) is a graduate of an approved engineering
curriculum of at least 4 years meeting the requirements
as set forth by rule and passes a nominal 8-hour written
examination in the fundamentals of engineering; or
(2) is a graduate of a related science curriculum
of at least 4 years meeting the requirements as set forth
by rule and passes a nominal 8-hour written examination
in the fundamentals of engineering.
(b) The applicant, if a structural engineer applicant,
has met the minimum standards for licensure as a structural
engineer, which are as follows:
(1) is a graduate of an approved engineering
curriculum of at least 4 years meeting the requirements
as set forth by rule and submits evidence acceptable to
the Department of an additional 4 years or more of
experience in structural engineering work of a grade and
character which indicates that the individual may be
competent to practice structural engineering as set forth
by rule; or
(2) is a graduate of an approved related science
curriculum of at least 4 years meeting the requirements
as set forth by rule who submits evidence acceptable to
the Department of an additional 8 years or more of
progressive experience in structural engineering work of
a grade and character which indicates that the individual
may be competent to practice structural engineering as
set forth by rule.; and
(c) The applicant, if a structural engineer applicant,
has passed an examination conducted by the Department to
determine his or her fitness to receive a license as a
Structural Engineer.
(Source: P.A. 86-711.)
(225 ILCS 340/12) (from Ch. 111, par. 6612)
Sec. 12. Every holder of a license as a structural
engineer shall display it in a conspicuous place in the
holder's principal office, place of business or employment.
Every licensed structural engineer shall have a
reproducible seal or facsimile, the print of which shall
contain the name, place of business and license number of the
structural engineer, and the words "Licensed Structural
Engineer," "State of Illinois." The licensed structural
engineer shall stamp with this seal all plans, drawings, and
specifications prepared by or under the engineer's
supervision.
A licensed structural engineer may seal documents not
produced by the licensed structural engineer when the
documents have either been produced by others working under
the licensed structural engineer's personal supervision and
control or when the licensed structural engineer has
sufficiently reviewed the documents to ensure that they have
met the standards of reasonable professional skill and
diligence. In reviewing the work of others, the licensed
structural engineer shall, where necessary, do calculations
recalculations, redesign, or any other work necessary to be
done to meet such standards and should retain evidence of
having done such review. The documents sealed by the
licensed structural engineer shall be of no lesser quality
than if they had been produced by the licensed structural
engineer. The licensed structural engineer who seals the work
of others is obligated to provide sufficient supervision and
review of such work so that the public is protected.
The licensed structural engineer shall affix the
signature, current date, date of license expiration and seal
to the first sheet of any bound set or loose sheets prepared
by the licensed structural engineer or under that licensed
structural engineer's immediate supervision.
(Source: P.A. 86-711.)
(225 ILCS 340/14.5 new)
Sec. 14.5. Continuing education. The Department may
promulgate rules of continuing education for persons licensed
under this Act. The Department shall consider the
recommendations of the Board in establishing the guidelines
for the continuing education requirements. The requirements
of this Section apply to any person seeking renewal or
restoration under Section 14 or 15 of this Act.
(225 ILCS 340/16) (from Ch. 111, par. 6616)
Sec. 16. The Department may, in its discretion, license
as a structural engineer upon, without examination on payment
of the required fee, an applicant who is a structural
engineer licensed under the laws of another state or
territory, or of another country, if the requirements for
licensure in the state, territory or country were, at the
date of licensure, substantially equivalent to the
requirements in force in this State on that date.
Applicants have 3 years from the date of application to
complete the application process. If the process has not
been completed in 3 years, the application shall be denied,
the fee forfeited and the applicant must reapply and meet the
requirements in effect at the time of reapplication.
(Source: P.A. 86-711.)
(225 ILCS 340/17) (from Ch. 111, par. 6617)
Sec. 17. Fees.
(a) The Department shall provide by rule for a schedule
of fees to be paid for licenses by all applicants. All fees
are not refundable.
(b) The fees for the administration and enforcement of
the Act, including but not limited to original licensure,
renewal, and restoration, shall be set by rule by the
Department.
(c) All fees and fines collected shall be deposited in
the Design Professionals Administration and Investigation
Fund. Of the moneys deposited into the Design Professionals
Administration and Investigation Fund, the Department may use
such funds as necessary and available to produce and
distribute newsletters to persons licensed under this Act.
(a) The following fees are not refundable:
(1) The fee for application for a license is $100.
(2) In addition, applicants for any examination
shall be required to pay, either to the Department or to
the designated testing service, a fee covering the cost
of determining an applicant's eligibility and providing
the examination. Failure to appear for the examination on
the scheduled date, at the time and place specified,
after the applicant's application for each examination
has been received and acknowledged by the Department or
the designated testing service, shall result in the
forfeiture of the examination fee.
(3) The fee for a license for a structural engineer
registered or licensed under the laws of another state or
territory of the United States, or a foreign country or
province is $100.
(4) The fee for the renewal of a license shall be
$60.
(5) The fee for the restoration of a license other
than from inactive status is $10 plus payment of all
lapsed renewal fees.
(6) The fee for application for a certificate of
registration as a professional design firm is $75.
(7) The fee for renewal of a certificate of
registration as a professional design firm shall be $75.
(b) General fees.
(1) The fee for the issuance of a license, for the
issuance of a replacement license for a license which has
been lost or destroyed or for the issuance of a license
with a change of name or address other than during the
renewal period is $20. No fee is required for name and
address changes on Department records when no duplicate
license is issued.
(2) The fee for a certification of a registrant's
record for any purpose is $20.
(3) The fee for rescoring an examination is the
cost to the Department for rescoring the examination plus
any fees charged by the applicable testing service.
(4) The fee for a wall certificate showing
licensure is the actual cost of producing such
certificate.
(5) The fee for a roster of persons licensed as
structural engineers in this State is the actual cost of
producing such a roster.
All of the fees collected pursuant to this Section shall
be deposited in the Design Professionals Administration and
Investigation Fund.
(c) Any person who delivers a check or other payment to
the Department that is returned to the Department unpaid by
the financial institution upon which it is drawn shall pay to
the Department, in addition to the amount already owed to the
Department, a fine of $50. If the check or other payment was
for a renewal or issuance fee and that person practices
without paying the renewal fee or issuance fee and the fine
due, an additional fine of $100 shall be imposed. The fines
imposed by this Section are in addition to any other
discipline provided under this Act for unlicensed practice or
practice on a nonrenewed license. The Department shall notify
the person that payment of fees and fines shall be paid to
the Department by certified check or money order within 30
calendar days of the notification. If, after the expiration
of 30 days from the date of the notification, the person has
failed to submit the necessary remittance, the Department
shall automatically terminate the license or certificate or
deny the application, without hearing. If, after termination
or denial, the person seeks a license or certificate, he or
she shall apply to the Department for restoration or issuance
of the license or certificate and pay all fees and fines due
to the Department. The Department may establish a fee for the
processing of an application for restoration of a license or
certificate to pay all expenses of processing this
application. The Director may waive the fines due under this
Section in individual cases where the Director finds that the
fines would be unreasonable or unnecessarily burdensome.
(Source: P.A. 87-1031; 88-91; 88-428; 88-670, eff. 12-2-94.)
(225 ILCS 340/19) (from Ch. 111, par. 6619)
Sec. 19. Professional design firm registration;
conditions.
(a) Nothing in this Act prohibits the formation, under
the provisions of the Professional Service Corporation Act,
as amended, of a corporation to practice structural
engineering.
Any business, including a Professional Service
Corporation, that not formed under the provisions of the
Professional Service Corporation Act and not registered as
such with the Department, and which includes within its
stated purposes, practices, or holds itself out as available
to practice, structural engineering, shall be registered with
the Department pursuant to the provisions of this Section.
Any sole proprietorship not owned and operated by an
Illinois licensed design professional licensed under this Act
shall be prohibited from offering structural engineering
services to the public. "Illinois licensed design
professional" means a person who holds an active license as a
structural engineer under this Act, as an architect under the
Illinois Architecture Practice Act of 1989, or as a
professional engineer under the Professional Engineering
Practice Act of 1989. Any sole proprietorship owned and
operated by a structural engineer with an active license
issued under this Act and conducting or transacting such
business under an assumed name in accordance with the
provisions of the Assumed Business Name Act shall comply with
the registration requirements of a professional design firm.
Any sole proprietorship owned and operated by a structural
engineer with an active license issued under this Act and
conducting or transacting such business under the real name
of the sole proprietor is exempt from the registration
requirements of a professional design firm.
Any partnership which includes within its purpose,
practices, or holds itself out as available to practice
structural engineering, shall register with the Department
pursuant to the provisions set forth in this Section.
(b) Any professional design firm seeking to be
registered under the provisions of this Section shall not be
registered unless a managing agent in charge of structural
engineering activities in this State is designated by the
professional design firm. A managing agent must at all times
maintain a valid, active license to practice structural
engineering in Illinois.
No individual whose license to practice structural
engineering in this State is currently in a suspended or
revoked status shall act as a managing agent for a
professional design firm.
(c) No business shall practice or hold itself out as
available to practice structural engineering until it is
registered with the Department.
(d) Any business seeking to be registered under this
Section shall apply for a certificate of registration on a
form provided by the Department and shall provide such
information as requested by the Department, which shall
include but shall not be limited to:
(1) the name and license number of the person
designated as the managing agent in responsible charge of
the practice of structural engineering in Illinois. In
the case of a corporation, the corporation shall also
submit a certified copy of the resolution by the board of
directors designating the managing agent. In the case of
a limited liability company, the company shall submit a
certified copy of either its articles of organization or
operating agreement designating the managing agent;
(2) the names and license numbers of the directors,
in the case of a corporation, the members, in the case of
a limited liability company, or general partners, in the
case of a partnership;
(3) a list of all locations at which the
professional design firm provides structural engineering
services to the public; and
(4) A list of all assumed names of the business.
Nothing in this Section shall be construed to exempt a
professional design firm, sole proprietorship, or
professional service corporation from compliance with the
requirements of the Assumed Business Name Act.
It shall be the responsibility of the professional design
firm to provide the Department notice, in writing, of any
changes in the information requested on the application.
(e) In the event a managing agent is terminated or
terminates his status as managing agent of the professional
design firm, such managing agent and professional design firm
shall notify the Department of this fact in writing, by
certified mail, within 10 business days of such termination.
Thereafter, the professional design firm, if it has so
informed the Department, shall have 30 days in which to
notify the Department of the name and registration number of
a newly designated managing agent. If a corporation, the
corporation shall also submit a certified copy of a
resolution by the board of directors designating the new
managing agent. If a limited liability company, the company
shall also submit a certified copy of either its articles of
organization or operating agreement designating the new
managing agent. The Department may, upon good cause shown,
extend the original 30 day period.
If the professional design firm fails to notify the
Department in writing by certified mail within the specified
time, the registration shall be terminated without prior
hearing. Notification of termination shall be sent by
certified mail to the last known address of the business. If
the professional design firm continues to operate and offer
structural engineering services after the termination, the
Department may seek prosecution under Sections 20, 34, and
34a of this Act for the unlicensed practice of structural
engineering.
(f) No professional design firm shall be relieved of
responsibility for the conduct or acts of its agents,
employees, members, managers, or officers by reason of its
compliance with this Section, nor shall any individual
practicing structural engineering be relieved of the
responsibility for professional services performed by reason
of the individual's employment or relationship with a
professional design firm registered under this Section.
(g) Disciplinary action against a professional design
firm registered under this Section shall be administered in
the same manner and on the same grounds as disciplinary
action against a licensed structural engineer. All
disciplinary action taken or pending against a corporation or
partnership before the effective date of this amendatory Act
of 1993 shall be continued or remain in effect without the
Department filing separate actions.
It is unlawful for any person to practice, or to attempt
to practice, structural engineering, without being licensed
under this Act. It is unlawful for any business not subject
to the sole proprietorship exemption to offer or provide
structural engineering services without active registration
issued by the Department as a professional design firm or
professional service corporation.
(Source: P.A. 88-428; 89-594, eff. 8-1-96.)
(225 ILCS 340/20) (from Ch. 111, par. 6620)
Sec. 20. (a) The Department may, singularly or in
combination, refuse to issue, renew, or restore, or may
suspend or revoke any license or certificate of registration,
or may place on probation, reprimand, or fine, with a civil
penalty not to exceed $10,000 for each violation, any person,
corporation, partnership, or professional design firm
registered or licensed under this Act for any of the
following reasons:
(1) Material misstatement in furnishing information
to the Department;
(2) Negligence, incompetence or misconduct in the
practice of structural engineering;
(3) Making any misrepresentation for the purpose of
obtaining licensure;
(4) The affixing of a licensed structural
engineer's seal to any plans, specifications or drawings
which have not been prepared by or under the immediate
personal supervision of that licensed structural engineer
or reviewed as provided in this Act;
(5) Conviction of any crime under the laws of the
United States, or any state or territory thereof, which
is a felony, whether related to the practice of
Structural Engineering or not, or conviction of any
crime, whether a felony, misdemeanor, or otherwise, an
essential element of which is dishonesty, or which is
directly related to the practice of structural
engineering;
(6) Making a statement of compliance pursuant to
the Environmental Barriers Act, as now or hereafter
amended, that a plan for construction or alteration of a
public facility or for construction of a multi-story
housing unit is in compliance with the Environmental
Barriers Act when such plan is not in compliance;
(7) Failure to comply with any of the provisions of
this Act or its rules;
(8) Aiding or assisting another person in violating
any provision of this Act or its rules;
(9) Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public, as defined by rule;
(10) Habitual intoxication or addiction to the use
of drugs;
(11) A finding by the Board that an applicant or
licensee has failed to pay a fine imposed by the
Department or a licensee whose license has been placed on
probationary status, has violated the terms of probation;
(12) Discipline by another state, territory,
foreign country, the District of Columbia, the United
States government, or any other governmental agency, if
at least one of the grounds for discipline is the same or
substantially equivalent to those set forth in this
Section;
(13) Failure to provide information in response to
a written request made by the Department within 30 days
after the receipt of such written request; or
(14) Physical illness, which results in the
inability to practice the profession of structural
engineering with reasonable judgment, skill or safety; or
including, but not limited to, deterioration through the
aging process or loss of motor skill.
(a-5) In enforcing this Section, the Board upon a
showing of a possible violation may compel a person licensed
to practice under this Act, or who has applied for licensure
or certification pursuant to this Act, to submit to a mental
or physical examination, or both, as required by and at the
expense of the Department. The examining physicians shall be
those specifically designated by the Board. The Board or the
Department may order the examining physician to present
testimony concerning this mental or physical examination of
the licensee or applicant. No information shall be excluded
by reason of any common law or statutory privilege relating
to communications between the licensee or applicant and the
examining physician. The person to be examined may have, at
his or her own expense, another physician of his or her
choice present during all aspects of the examination.
Failure of any person to submit to a mental or physical
examination, when directed, shall be grounds for suspension
of a license until the person submits to the examination if
the Board finds, after notice and hearing, that the refusal
to submit to the examination was without reasonable cause.
If the Board finds a person unable to practice because of
the reasons set forth in this Section, the Board may require
that person to submit to care, counseling, or treatment by
physicians approved or designated by the Board as a
condition, term, or restriction for continued, reinstated, or
renewed licensure to practice; or, in lieu of care,
counseling, or treatment, the Board may recommend to the
Department to file a complaint to immediately suspend,
revoke, or otherwise discipline the license of the person.
Any person whose license was granted, continued, reinstated,
renewed, disciplined, or supervised subject to such terms,
conditions, or restrictions and who fails to comply with such
terms, conditions, or restrictions shall be referred to the
Director for a determination as to whether the person shall
have his or her license suspended immediately, pending a
hearing by the Board.
(b) The determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission, as
provided in the Mental Health and Developmental Disabilities
Code, operates as an automatic suspension. Such suspension
will end only upon a finding by a court that the patient is
no longer subject to involuntary admission or judicial
admission, the issuance of an order so finding and
discharging the patient, and the recommendation of the Board
to the Director that the licensee be allowed to resume
practice.
The Department may refuse to issue, or may suspend, the
license of any person who fails to file a return, or to pay
the tax, penalty or interest shown in a filed return, or to
pay any final assessment of tax, penalty or interest, as
required by any tax Act administered by the Illinois
Department of Revenue, until such time as the requirements of
such tax Act are satisfied.
Persons who assist the Department as consultants or
expert witnesses in the investigation or prosecution of
alleged violations of the Act, licensure matters, restoration
proceedings, or criminal prosecutions, are not liable for
damages in any civil action or proceeding as a result of such
assistance, except upon proof of actual malice. The Attorney
General of the State of Illinois shall defend such persons in
any such action or proceeding.
(Source: P.A. 88-428.)
Section 55. The Private Detective, Private Alarm,
Private Security, and Locksmith Act of 1993 is amended by
changing Section 30 as follows:
(225 ILCS 446/30)
Sec. 30. Exemptions.
(a) This Act does not apply to:
(1) An officer or employee of the United States,
this State, or any political subdivision of either while
the officer or employee is engaged in the performance of
his or her official duties within the course and scope of
his or her employment with the United States, this State,
or any political subdivision of either. However, any
person who offers his or her services as a private
detective or private security contractor, or any title
when similar services are performed for compensation,
fee, or other valuable consideration, whether received
directly or indirectly, is subject to this Act and its
licensing requirements.
(2) An attorney-at-law licensed to practice in
Illinois while engaging in the practice of law.
(3) A person engaged exclusively in the business of
obtaining and furnishing information as to the financial
rating or credit worthiness of persons; and a person who
provides consumer reports in connection with:
(i) Credit transactions involving the consumer
on whom the information is to be furnished and
involving the extensions of credit to the consumer.
(ii) Information for employment purposes.
(iii) Information for the underwriting of
insurance involving the consumer.
(4) Insurance adjusters legally employed or under
contract as adjusters and who engage in no other
investigative activities other than those directly
connected with adjustment of claims against an insurance
company or self-insured by which they are employed or
with which they have a contract. No insurance adjuster
or company may utilize the term "investigation" or any
derivative thereof in its company name or in its
advertising other than for the handling of insurance
claims.
For the purposes of this Code, "insurance adjuster"
includes any person expressly authorized to act on behalf
of an insurance company or self-insured and any employee
thereof who acts or appears to act on behalf of the
insurance company or self-insured in matters relating to
claims, including but not limited to independent
contractors while performing claim services at the
direction of the company.
(5) A person engaged exclusively and employed by a
person, firm, association, or corporation in the business
of transporting persons or property in interstate
commerce and making an investigation related to the
business of that employer.
(6) Any person, watchman, or guard employed
exclusively and regularly by one employer in connection
with the affairs of that employer only and there exists
an employer/employee relationship.
(7) Any law enforcement officer, as defined in the
Illinois Police Training Act, who has successfully
completed the requirements of basic law enforcement and
firearms training as prescribed by the Illinois Law
Enforcement Training Standards Board, employed by an
employer in connection with the affairs of that employer,
provided he or she is exclusively employed by the
employer during the hours or times he or she is scheduled
to work for that employer, and there exists an employer
and employee relationship.
In this subsection an "employee" is a person who is
employed by an employer who has the right to control and
direct the employee who performs the services in
question, not only as to the result to be accomplished by
the work, but also as to the details and means by which
the result is to be accomplished; and an "employer" is
any person or entity, with the exception of a private
detective, private detective agency, private security
contractor, private security contractor agency, private
alarm contractor, or private alarm contractor agency,
whose purpose it is to hire persons to perform the
business of a private detective, private detective
agency, private security contractor, private security
contractor agency, private alarm contractor, or private
alarm contractor agency.
(8) A person who sells burglar alarm systems and
does not install, monitor, maintain, alter, repair,
service, or respond to burglar alarm systems at protected
premises or premises to be protected, provided:
(i) The burglar alarm systems are
approved either by Underwriters Laboratories or
another authoritative source recognized by the
Department and are identified by a federally
registered trademark.
(ii) The owner of the trademark has
expressly authorized the person to sell the
trademark owner's products, and the person
provides proof of this authorization upon the
request of the Department.
(iii) The owner of the trademark
maintains, and provides upon the Department's
request, a certificate evidencing insurance for
bodily injury or property damage arising from
faulty or defective products in an amount not
less than $1,000,000 combined single limit;
provided that the policy of insurance need not
relate exclusively to burglar alarm systems.
(9) A person who sells, installs, maintains, or
repairs automobile alarm systems.
(9-5) A person, firm, or corporation engaged solely
and exclusively in tracing and compiling lineage or
ancestry.
(b) Nothing in this Act prohibits any of the following:
(A) Servicing, installing, repairing, or rebuilding
automotive locks by automotive service dealers, as long
as they do not hold themselves out to the public as
locksmiths.
(B) Police, fire, or other municipal employees from
opening a lock in an emergency situation, as long as they
do not hold themselves out to the public as locksmiths.
(C) Any merchant or retail or hardware store from
duplicating keys, from installing, servicing, repairing,
rebuilding, reprogramming, or maintaining electronic
garage door devices or from selling locks or similar
security accessories not prohibited from sale by the
State of Illinois, as long as they do not hold themselves
out to the public as locksmiths.
(D) The installation or removal of complete locks
or locking devices by members of the building trades when
doing so in the course of residential or commercial new
construction or remodeling, as long as they do not hold
themselves out to the public as locksmiths.
(E) The employees of towing services, repossessors,
or auto clubs from opening automotive locks in the normal
course of their duties, as long as they do not hold
themselves out to the public as locksmiths. Additionally,
this Act shall not prohibit employees of towing services
from opening motor vehicle locks to enable a vehicle to
be moved without towing, provided that the towing service
does not hold itself out to the public, by yellow page
advertisement, through a sign at the facilities of the
towing service, or by any other advertisement, as a
locksmith.
(F) The practice of locksmithing by students in the
course of study in programs approved by the Department,
provided that the students do not hold themselves out to
the public as locksmiths.
(G) Servicing, installing, repairing, or rebuilding
locks by a lock manufacturer or anyone employed by a lock
manufacturer, as long as they do not hold themselves out
to the public as locksmiths.
(H) The provision of any of the products or
services in the practice of locksmithing as identified in
Section 5 of this Act by a business licensed by the State
of Illinois as a private alarm contractor or private
alarm contractor agency, as long as the principal purpose
of the services provided to a customer is not the
practice of locksmithing and the business does not hold
itself out to the public as a locksmith agency.
(I) Any maintenance employee of a property
management company at a multi-family residential building
from servicing, installing, repairing, or opening locks
for tenants as long as the maintenance employee does not
hold himself or herself out to the public as a locksmith.
(J) A person, firm, or corporation from engaging in
fire protection engineering, including the design,
testing, and inspection of fire protection systems.
(K) The practice of professional engineering as
defined in the Professional Engineering Practice Act of
1989.
(L) The practice of structural engineering as
defined in the Structural Engineering Practice Licensing
Act of 1989.
(M) The practice of architecture as defined in the
Illinois Architecture Practice Act of 1989.
(N) The activities of persons or firms licensed
under the Illinois Public Accounting Act if performed in
the course of their professional practice.
(c) This Act does not prohibit any persons legally
regulated in this State under any other Act from engaging in
the practice for which they are licensed, provided that they
do not represent themselves by any title prohibited by this
Act.
(Source: P.A. 89-366, eff. 1-1-96; 90-436, eff. 1-1-98;
90-633, eff. 7-24-98.)
Section 60. The Professional Geologist Licensing Act is
amended by changing Section 20 as follows:
(225 ILCS 745/20)
Sec. 20. Exemptions. Nothing in this Act shall be
construed to restrict the use of the title "geologist" or
similar words by any person engaged in a practice of geology
exempted under this Act, provided the person does not hold
himself or herself out as being a licensed professional
geologist or does not practice professional geology in a
manner requiring licensure under this Act. Performance of
the following activities does not require licensure as a
licensed professional geologist under this Act:
(a) The practice of professional geology by an employee
or a subordinate of a licensee under this Act, provided the
work does not include responsible charge of geological work
and is performed under the direct supervision of a licensed
professional geologist who is responsible for the work.
(b) The practice of professional geology by officers and
employees of the United States government within the scope of
their employment.
(c) The practice of professional geology as geologic
research to advance basic knowledge for the purpose of
offering scientific papers, publications, or other
presentations (i) before meetings of scientific societies,
(ii) internal to a partnership, corporation, proprietorship,
or government agency, or (iii) for publication in scientific
journals, or in books.
(d) The teaching of geology in schools, colleges, or
universities, as defined by rule.
(e) The practice of professional geology exclusively in
the exploration for or development of energy resources or
base, precious and nonprecious minerals, including sand,
gravel, and aggregate, that does not require, by law, rule,
or ordinance, the submission of reports, documents, or oral
or written testimony to public agencies. Public agencies
may, by law or by rule, allow required oral or written
testimony, reports, permit applications, or other documents
based on the science of geology to be submitted to them by
persons not licensed under this Act. Unless otherwise
required by State or federal law, public agencies may not
require that the geology-based aspects of testimony, reports,
permits, or other documents so exempted be reviewed by,
approved, or otherwise certified by any person who is not a
licensed professional geologist. Licensure is not required
for the submission and review of reports or documents or the
provision of oral or written testimony made under the Well
Abandonment Act, the Illinois Oil and Gas Act, the Surface
Coal Mining Land Conservation and Reclamation Act, or the
Surface-Mined Land Conservation and Reclamation Act.
(f) The practice of professional engineering as defined
in the Professional Engineering Practice Act of 1989.
(g) The practice of structural engineering as defined in
the Structural Engineering Practice Licensing Act of 1989.
(h) The practice of architecture as defined in the
Illinois Architecture Practice Act of 1989.
(i) The practice of land surveying as defined in the
Illinois Professional Land Surveyor Act of 1989.
(j) The practice of landscape architecture as defined in
the Illinois Landscape Architecture Act of 1989.
(Source: P.A. 89-366, eff. 7-1-96.)
Section 65. The Environmental Barriers Act is amended by
changing Section 7 as follows:
(410 ILCS 25/7) (from Ch. 111 1/2, par. 3717)
Sec. 7. Penalties.
(a) Any owner constructing or altering a public facility
or constructing a multi-story housing unit in violation of
this Act shall be guilty of a business offense punishable by
a fine not to exceed $250 per day, and each day the owner is
in violation of this Act constitutes a separate offense.
(b) Any architect or engineer negligently or
intentionally stating pursuant to Section 5 of this Act that
a plan is in compliance with this Act when such plan is not
in compliance shall be subject to a suspension, revocation or
refusal of restoration of his or her certificate of
registration or license pursuant to the Illinois Architecture
Practice Act of 1989, the Professional Engineering Practice
Act of 1989 and the Structural Engineering Practice Licensing
Act of 1989.
(c) Any person issuing a building permit or other
official authorization for the construction or alteration of
a public facility or the construction of a multi-story
housing unit in violation of this Act shall be guilty of a
business offense punishable by a fine not to exceed $1,000.
(d) The executive director of the Capital Development
Board or any other person may request the State's Attorney of
the county in which the public facility or multi-story
housing unit is located to initiate prosecution under this
Section.
(Source: P.A. 86-711; 86-1475; 87-562.)
Section 70. The Professional Service Corporation Act is
amended by changing Section 3.6 as follows:
(805 ILCS 10/3.6) (from Ch. 32, par. 415-3.6)
Sec. 3.6. "Related professions" and "related
professional services" mean more than one personal service
which requires as a condition precedent to the rendering
thereof the obtaining of a license and which prior to October
1, 1973 could not be performed by a corporation by reason of
law; provided, however, that these terms shall be restricted
to:
(1) a combination of two or more of the following
personal services: (a) "architecture" as defined in
Section 5 of the Illinois Architecture Practice Act of
1989, (b) "professional engineering" as defined in
Section 4 of the Professional Engineering Practice Act of
1989, (c) "structural engineering" as defined in Section
5 of the Structural Engineering Practice Licensing Act of
1989, (d) "land surveying" as defined in Section 2 of the
Illinois Professional Land Surveyor Act of 1989; or
(2) a combination of the following personal
services: (a) the practice of medicine in all of its
branches, (b) the practice of podiatry as defined in
Section 5 of the Podiatric Medical Practice Act of 1987,
(c) the practice of dentistry as defined in the Illinois
Dental Practice Act, (d) the practice of optometry as
defined in the Illinois Optometric Practice Act of 1987.
(Source: P.A. 90-230, eff. 1-1-98.)
Section 999. Effective date. This Act takes effect
January 1, 2000, except that Section 5 takes effect upon
becoming law.
[ Top ]