State of Illinois
91st General Assembly
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Public Act 91-0184

HB0264 Enrolled                               LRB9100633ACsbA

    AN ACT concerning plumbers.

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

    Section 5.  The Public Utilities Act is amended by adding
Section 13-709 as follows:

    (220 ILCS 5/13-709 new)
    Sec. 13-709.  Orders of correction.
    (a)  A   telecommunications  carrier  shall  comply  with
orders of correction  issued  by  the  Department  of  Public
Health under Section 5 of the Illinois Plumbing License Law.
    (b)  Upon  receiving  notification from the Department of
Public Health that a telecommunications carrier has failed to
comply with an order of  correction,  the  Illinois  Commerce
Commission shall enforce the order.
    (c)  The  good  faith  compliance by a telecommunications
carrier with an order of the Department of Public  Health  or
Illinois Commerce Commission to terminate service pursuant to
Section   5  of  the  Illinois  Plumbing  License  Law  shall
constitute a complete defense to  any  civil  action  brought
against  the  telecommunications  carrier  arising  from  the
termination of service.

    Section 10.  The Illinois Plumbing License Law is amended
by changing Sections 2 and 5 as follows:

    (225 ILCS 320/2) (from Ch. 111, par. 1102)
    Sec. 2.  When used in this Act:
    "Agent"  means  a  person  designated  by  a  sponsor  as
responsible  for supervision of an apprentice plumber and who
is also an Illinois licensed plumber.
    "Apprentice plumber" means any  licensed  person  who  is
learning  and  performing plumbing under the supervision of a
sponsor or his agent in accordance  with  the  provisions  of
this Act.
    "Approved apprenticeship program" means an apprenticeship
program  approved by the U.S. Department of Labor's Bureau of
Apprenticeship and Training and the Department under rules.
    "Board"  means  the  Illinois  State  Board  of  Plumbing
Examiners.
    "Building drain" means that part of the lowest horizontal
piping of a drainage system that receives the discharge  from
soil,  waste,  and other drainage pipes inside the walls of a
building and conveys it to 5 feet beyond the foundation walls
where it is connected to the building sewer.
    "Building sewer" means that part of the horizontal piping
of a drainage  system  that  extends  from  the  end  of  the
building  drain, receives the discharge of the building drain
and conveys it to a public sewer or private  sewage  disposal
system.
    "Department"  means  the  Illinois  Department  of Public
Health.
    "Director" means the Director of the Illinois  Department
of Public Health.
    "Governmental  unit"  means a city, village, incorporated
town, county, or sanitary or water district.
    "Lawn sprinkler system" means any  irrigation  system  of
lawn,  shrubbery  and other vegetation from any potable water
sources; and from any water sources, whether or not  potable,
in:   (i)  any county with a population of 3,000,000 or more;
(ii) any county with a population of 275,000 or more which is
contiguous in whole or in part to a county with a  population
of  3,000,000 or more; and (iii) any county with a population
of 37,000 or more but less than 150,000 which  is  contiguous
to  2  or more counties with respective populations in excess
of 275,000. Such system includes without limitation the water
supply piping, valves and sprinkler heads or other irrigation
outlets.   Lawn  sprinkler  system  does   not   include   an
irrigation system used primarily for agricultural purposes.
    "Person"  means  any  natural  person, firm, corporation,
partnership, or association.
    "Plumber" means any licensed person authorized to perform
plumbing as defined in this Act, but does not include retired
plumbers as defined in this Act.
    "Plumbing"  means  the   actual   installation,   repair,
maintenance,  alteration or extension of a plumbing system by
any person.
    Plumbing includes all piping, fixtures, appurtenances and
appliances for a supply of water for all purposes,  including
without limitation lawn sprinkler systems, from the source of
a  private  water  supply on the premises or from the main in
the street, alley or at the curb to,  within  and  about  any
building or buildings where a person or persons live, work or
assemble.
    Plumbing  includes  all piping, from discharge of pumping
units  to  and  including  pressure  tanks  in  water  supply
systems.
    Plumbing includes all  piping,  fixtures,  appurtenances,
and  appliances  for a building drain and a sanitary drainage
and related ventilation system of any building  or  buildings
where  a  person  or  persons live, work or assemble from the
point of connection of such building drain  to  the  building
sewer  or  private  sewage  disposal system 5 feet beyond the
foundation walls.
    Plumbing  does  not  mean  or  include   the   trade   of
drain-laying,   the  trade  of  drilling  water  wells  which
constitute the sources of  private  water  supplies,  and  of
making  connections  between  such wells and pumping units in
the water supply systems of buildings served by such  private
water supplies, or the business of installing water softening
equipment  and  of maintaining and servicing the same, or the
business  of  manufacturing  or  selling  plumbing  fixtures,
appliances, equipment or hardware, or to the installation and
servicing of electrical equipment sold  by  a  not-for-profit
corporation providing electrification on a cooperative basis,
that  either  on  or  before  January 1, 1971, is or has been
financed in  whole  or  in  part  under  the  federal  "Rural
Electrification  Act of 1936" and the Acts amendatory thereof
and supplementary thereto, to its members for  use  on  farms
owned  by individuals or operated by individuals, nor does it
mean or include minor repairs which do not require changes in
the piping to  or  from  plumbing  fixtures  or  involve  the
removal,  replacement, installation or re-installation of any
pipe or plumbing fixtures.  Plumbing  does  not  include  the
installation, repair, maintenance, alteration or extension of
building sewers.
    "Plumbing  fixtures" means installed receptacles, devices
or appliances that are supplied with water or that receive or
discharge liquids or liquid borne  wastes,  with  or  without
discharge  into  the  drainage  system with which they may be
directly or indirectly connected.
    "Plumbing system" means  the water service, water  supply
and  distribution  pipes;  plumbing fixtures and traps; soil,
waste  and  vent  pipes;  building  drains;  including  their
respective connections, devices and  appurtenances.  Plumbing
system  does  not  include building sewers as defined in this
Act.
    "Retired plumber" means  any  licensed  plumber  in  good
standing  who  meets  the  requirements  of  this Act and the
requirements prescribed by Department rule to be licensed  as
a  retired  plumber  and voluntarily surrenders his plumber's
license  to  the  Department,  in  exchange  for  a   retired
plumber's  license.  Retired plumbers cannot perform plumbing
as  defined  in  this  Act,  cannot  sponsor   or   supervise
apprentice  plumbers,  and cannot inspect plumbing under this
Act.  A retired plumber cannot fulfill  the  requirements  of
subsection (3) of Section 3 of this Act.
    "Supervision"  with  respect  to  first  and  second year
licensed apprentice plumbers means that such apprentices must
perform all designing and planning of  plumbing  systems  and
all plumbing as defined in this Act under the direct personal
supervision  of the sponsor or his or her agent who must also
be an Illinois licensed plumber, except for  maintenance  and
repair  work on existing plumbing systems done by second year
apprentice plumbers;  provided  that  before  performing  any
maintenance  and  repair  work without such supervision, such
apprentice has received the minimum number of hours of annual
classroom  instruction  recommended  by  the  United   States
Department  of  Labor's Bureau of Apprenticeship and Training
for apprentice plumbers in a  Bureau  of  Apprenticeship  and
Training  approved  plumber  apprenticeship  program  or  its
equivalent.    "Supervision"   with   respect  to  all  other
apprentice plumbers means that, except  for  maintenance  and
repair  work  on existing plumbing systems, any plumbing done
by such apprentices must be inspected  daily,  after  initial
rough-in  and  after  completion by the sponsor or his or her
agent who is also an Illinois licensed plumber.  In addition,
all repair and maintenance work done by a licensed apprentice
plumber on an existing plumbing system must  be  approved  by
the  sponsor  or  his  or  her  agent who is also an Illinois
licensed plumber.
    "Sponsor" is an Illinois licensed plumber or an  approved
apprenticeship  program that has accepted an individual as an
Illinois  licensed  apprentice  plumber  for  education   and
training  in the field of plumbing and whose name and license
number or apprenticeship program number shall appear  on  the
individual's application for an apprentice plumber's license.
    "Sponsored"  means that each Illinois licensed apprentice
plumber has been accepted by an Illinois licensed plumber  or
an   approved   apprenticeship   program  for  apprenticeship
training.
    "Telecommunications carrier" means  a  telecommunications
carrier as defined in the Public Utilities Act.
(Source: P.A. 89-665, eff. 8-14-96.)

    (225 ILCS 320/5) (from Ch. 111, par. 1104)
    Sec. 5.  Advertising.
    (a)  Persons  who  advertise  plumbing services shall, at
their place  of  business,  display  the  licensed  plumber's
license  of  at  least one member of the firm, partnership or
officer of the corporation  and  shall  maintain  a  register
listing  the  names  and  license  numbers  of  all  licensed
plumbers  and  all  licensed  apprentice  plumbers  currently
employed  by  them.  The  number  of the license so displayed
shall also be included with the  plumbing  identification  on
vehicles.
    (b)  No   person   who  provides  plumbing  services  may
advertise those services unless that person includes  in  the
advertisement  the  license  number  that  is  required to be
displayed under subsection (a).  Nothing  contained  in  this
subsection requires the publisher of advertising for plumbing
services to investigate or verify the accuracy of the license
number provided by the advertiser.
    (b.5)  Any  person  who  advertises plumbing services (i)
who  fails  to  display  the  license  number   required   by
subsection  (a)  in  all manners required by that subsection,
(ii) who fails to provide a publisher with the correct number
under subsection (b), or (iii) who provides a publisher  with
a  false license number or a license number of a person other
than the person  designated  under  subsection  (a),  or  any
person  who  allows his or her license number to be displayed
or used in order to allow any other person to circumvent  any
provisions of this Section is guilty of a Class A misdemeanor
with  a  fine  of  $1,000,  which  shall  be  subject  to the
enforcement provisions of Section 29 of this  Act.  Each  day
that  a  person  fails  to display the required license under
subsection (a) and each day that  an  advertisement  runs  or
each  day  that  a  person  allows  his  or her license to be
displayed or used in violation of this Section constitutes  a
separate offense.
    In  addition  to,  and  not in lieu of, the penalties and
remedies provided for in this Section and Section 29 of  this
Act,  any  person  licensed  under  this Act who violates any
provision of this Section shall be subject to  suspension  or
revocation  of  his  or  her license under Section 19 of this
Act.
    (b.10) In addition to, and not in lieu of, the  penalties
and  remedies  provided  for in this Section and Sections 19,
20, and 29 of this Act, and after notice and  an  opportunity
for hearing as provided for in this subsection and Section 19
of  this Act, the Department may issue an Order Of Correction
to the telecommunications carrier furnishing service  to  any
telephone  number  contained  in  a printed advertisement for
plumbing services that is found to be  in  violation  of  the
provisions  of this subsection. The Order of Correction shall
be limited to the telephone number contained in the  unlawful
advertisement.   The  Order  of  Correction  shall notify the
telecommunications  carrier  to  disconnect   the   telephone
service  furnished  to  any telephone number contained in the
unlawful advertisement and  that  subsequent  calls  to  that
number  shall  not  be  referred  by  the  telecommunications
carrier  to  any  new  telephone  number  obtained  by or any
existing number registered to the person.
    If, upon investigation, the Department has probable cause
to believe that a person has placed an advertisement  with  a
telecommunications carrier that: (i) contains a false license
number, (ii) contains a license number of a person other than
the  person  designated  under  subsection  (a),  or (iii) is
placed or circulated by a person who is not properly licensed
under this Act, the Department shall provide  notice  to  the
person  of  the  Department's  intent  to  issue  an Order of
Correction to the telecommunications  carrier  to  disconnect
the  telephone  service  furnished  to  any  telephone number
contained in the unlawful advertisement, and that  subsequent
calls   to   that   number  shall  not  be  referred  by  the
telecommunications  carrier  to  any  new  telephone   number
obtained by or any existing number registered to the person.
    Notice shall be provided by certified mail or by personal
service setting forth the particular reasons for the proposed
action and fixing a date, not less than 20 days from the date
of  the mailing or service, within which time the person must
request a hearing in  writing.  Failure  to  serve  upon  the
Department  a  written  request  for  hearing within the time
provided in the notice  shall  constitute  a  waiver  of  the
person's  right  to  an  administrative hearing. The hearing,
findings, and conclusions shall be  in  accordance  with  the
provisions  contained  in  Section  19  of  this  Act and the
Department's   Rules   of   Practice   and    Procedure    in
Administrative  Hearings (77 Ill. Admin. Code 100), which are
incorporated by reference herein.
    Upon  a  finding  that  the  person  has   violated   the
provisions of this subsection, the Department shall issue the
Order of Correction to the telecommunications carrier. If the
telecommunications  carrier fails to comply with the Order of
Correction within 20 days  after  the  order  is  final,  the
Department  shall  inform the Illinois Commerce Commission of
the failure to comply and the  Illinois  Commerce  Commission
shall   require  the  telecommunications  carrier  furnishing
services to that person to disconnect the  telephone  service
furnished  to  the telephone number contained in the unlawful
advertisement and direct that subsequent calls to that number
shall not be referred by the  telecommunications  carrier  to
any  new  telephone number obtained by or any existing number
registered to the person.
    A person may have his or her telephone services restored,
after an Order of Correction has been issued, upon a showing,
to the satisfaction of the Department, that he or she  is  in
compliance with the provisions of this Act.
    (c)  The  Department  may  require by rule and regulation
additional  information  concerning  licensed  plumbers   and
licensed apprentice plumbers maintained in the register.  The
Department  shall  have  the  right  to  examine  the payroll
records of such persons to  determine  compliance  with  this
provision.  The Department's right to examine payroll records
is limited solely to those records and does not extend to any
other business records.
(Source: P.A. 87-593; 88-501.)

    Section  99.   Effective  date.  This Act takes effect on
January 1, 2000.

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