[ Home ] [ ILCS ] [ Search ] [ Bottom ]
[ Other General Assemblies ]
Public Act 92-0338
HB2148 Enrolled LRB9204189LBmg
AN ACT concerning the regulation of professions.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Plumbing License Law is amended
by changing Sections 1, 2, 3, 8, 20, and 29.5 and by adding
Section 13.1 as follows:
(225 ILCS 320/1) (from Ch. 111, par. 1101)
Sec. 1. Purpose. It has been established by scientific
evidence that improper plumbing can result in the
introduction of pathogenic organisms into the potable water
supply, result in the escape of toxic gases into the
environment, and result in potentially lethal disease and
epidemic. It is further found that minimum numbers of
plumbing facilities and fixtures are necessary for the
comfort and convenience of workers and persons in public
places.
Consistent with its duty to safeguard the health of the
people of this State, the General Assembly therefore declares
that the regulation of plumbing and the plumbing trade is
necessary for the protection of the public health,
convenience, and welfare. The General Assembly therefore
declares that individuals who plan, inspect, install, alter,
extend, repair and maintain plumbing systems shall be
individuals of proven skill. Further, the General Assembly
declares that a guide for the minimum control and number of
plumbing materials and fixtures, the design of plumbing
systems, and the construction and installation methods of
plumbing systems is essential for the protection of public
health and convenience. In order to insure plumbing skill and
to authoritatively establish what shall be good plumbing
practice, this Act provides for the licensing of plumbers and
registration of plumbing contractors and for the promulgation
of a Minimum Plumbing Code of standards by the Department.,
This Act is therefore declared to be essential to the public
interest.
(Source: P.A. 87-885.)
(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.
"Irrigation contractor" means a person who installs or
supervises the installation of lawn sprinkler systems subject
to Section 2.5 of this Act, other than a licensed plumber or
a licensed apprentice plumber.
"Lawn sprinkler system" means any underground 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. "Lawn sprinkler
system" includes without limitation the water supply piping,
valves, and sprinkler heads or other irrigation outlets, but
does not include the backflow prevention device. "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 and
backflow prevention devices connected to 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 contractor" means any person who performs
plumbing, as defined in this Act, for another person.
"Plumbing contractor" shall not include licensed plumbers and
licensed apprentice plumbers who either are employed by
persons engaged in the plumbing business or are employed by
another person for the performance of plumbing solely for
that other person, including, but not limited to, a hospital,
university, or business maintenance staff.
"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. 91-184, eff. 1-1-00; 91-678, eff. 1-26-00.)
(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 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). Plumbing contractors
are also required to be registered pursuant to the provisions
of this Act.
Notwithstanding the provisions of this subsection (3), it
shall be lawful for an irrigation contractor registered under
Section 2.5 of this Act to employ or contract with one or
more licensed plumbers in connection with work on lawn
sprinkler systems pursuant to Section 2.5 of this Act.
(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. 91-91, eff. 1-1-00; 91-678, eff. 1-26-00.)
(225 ILCS 320/8) (from Ch. 111, par. 1107)
Sec. 8. The Director shall:
(1) Prepare forms for application for examination for a
plumber's license.
(2) Prepare and issue licenses as provided in this Act.
(3) With the aid of the Board prescribe rules and
regulations for examination of applicants for plumber's
licenses.
(4) With the aid of the Board prepare and give uniform
and comprehensive examinations to applicants for a plumber's
license which shall test their knowledge and qualifications
in the planning and design of plumbing systems, their
knowledge, qualifications, and manual skills in plumbing, and
their knowledge of the State's minimum code of standards
relating to fixtures, materials, design and installation
methods of plumbing systems, promulgated pursuant to this
Act.
(5) Issue a plumber's license and license renewal to
every applicant who has passed the examination and who has
paid the required license and renewal fee.
(6) Prescribe rules for hearings to deny, suspend,
revoke or reinstate licenses as provided in this Act.
(7) Maintain a current record showing (a) the names and
addresses of registered plumbing contractors, licensed
plumbers, licensed apprentice plumbers, and licensed retired
plumbers, (b) the dates of issuance of licenses, (c) the date
and substance of the charges set forth in any hearing for
denial, suspension or revocation of any license, (d) the date
and substance of the final order issued upon each such
hearing, and (e) the date and substance of all petitions for
reinstatement of license and final orders on such petitions.
(8) Prescribe, in consultation with the Board, uniform
and reasonable rules defining what constitutes an approved
course of instruction in plumbing, in colleges, universities,
or trade schools, and approve or disapprove the courses of
instruction offered by such colleges, universities, or trade
schools by reference to their compliance or noncompliance
with such rules. Such rules shall be designed to assure that
an approved course of instruction will adequately teach the
design, planning, installation, replacement, extension,
alteration and repair of plumbing.
(Source: P.A. 89-665, eff. 8-14-96.)
(225 ILCS 320/13.1 new)
Sec. 13.1. Plumbing contractors; registration;
applications.
(1) On and after May 1, 2002, all persons or
corporations desiring to engage in the business of
plumbing contractor, other than any entity that maintains
an audited net worth of shareholders' equity equal to or
exceeding $100,000,000, shall register in accordance with
the provisions of this Act.
(2) Application for registration shall be filed
with the Department each year, on or before the last day
of April, in writing and on forms prepared and furnished
by the Department. All plumbing contractor registrations
expire on the last day of April of each year.
(3) Applications shall contain the name, address,
and telephone number of the person and the plumbing
license of (i) the individual, if a sole proprietorship;
(ii) the partner, if a partnership; or (iii) an officer,
if a corporation. The application shall contain the
business name, address, and telephone number, a current
copy of the plumbing license, and any other information
the Department may require by rule.
(4) Applicants shall submit an original certificate
of insurance documenting that the contractor carries
general liability insurance with a minimum of $100,000
per occurrence, bodily injury insurance with a minimum of
$300,000 per occurrence, property damage insurance with a
minimum of $50,000, and workers compensation insurance
with a minimum $500,000. No registration may be issued
in the absence of this certificate. Certificates must be
in force at all times for registration to remain valid.
(5) Applicants shall submit, on a form provided by
the Department, an indemnification bond in the amount of
$20,000 or a letter of credit in the same amount for work
performed in accordance with this Act and the rules
promulgated under this Act.
(6) All employees of a registered plumbing
contractor who engage in plumbing work shall be licensed
plumbers or apprentice plumbers in accordance with this
Act.
(7) Plumbing contractors shall submit an annual
registration fee in an amount to be established by rule.
(8) The Department shall be notified in advance of
any changes in the business structure, name, or location
or of the addition or deletion of the owner or officer
who is the licensed plumber listed on the application.
Failure to notify the Department of this information is
grounds for suspension or revocation of the plumbing
contractor's registration.
(9) In the event that the plumber's license on the
application for registration of a plumbing contractor is
a license issued by the City of Chicago, it shall be the
responsibility of the applicant to forward a copy of the
plumber's license to the Department, noting the name of
the registered plumbing contractor, when it is renewed.
(225 ILCS 320/20) (from Ch. 111, par. 1119)
Sec. 20. Grounds for discipline. (1) The Director may
deny, revoke or suspend a license or registration when
findings show one or more of the following:
(a) That the licensee or registrant obtained or
conspired with others to obtain a license or registration
by inducing the issuance thereof in consideration of the
payment of money or delivery of any other thing of value
or by and through misrepresentation of facts.
(b) That the licensee or registrant willfully
violated any law of this State or any rule, regulation or
code promulgated thereunder regulating plumbing, licensed
or registered plumbing contractors, licensed plumbers,
licensed apprentice plumbers, licensed retired plumbers,
water well pump installations and private sewage disposal
systems.
(c) That the licensee or registrant has been
guilty of negligence or incompetence in the performance
of plumbing.
(d) That the licensee or registrant has loaned or
in any manner transferred his or her license to another
person.
(e) That the sponsor or his or her agent has failed
to properly supervise a licensed apprentice plumber.
(f) That the owner or officer of a registered
plumbing contractor failed to maintain a valid plumbing
license.
(g) That the registered plumbing contractor used a
plumbing license without the permission of the licensee.
(2) If a license is suspended or revoked, the license
shall be surrendered to the Department but, if suspended, it
shall be returned to the licensee upon the termination of the
suspension period.
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
any such tax Act are satisfied.
(Source: P.A. 87-885.)
(225 ILCS 320/29.5)
Sec. 29.5. Unlicensed and unregistered practice;
violation; civil penalty.
(a) A person who practices, offers to practice, attempts
to practice, or holds himself or herself out to practice as a
plumber or plumbing contractor without being licensed or
registered under this Act, or as an irrigation contractor
without being registered under this Act, shall, in addition
to any other penalty provided by law, pay a civil penalty to
the Department in an amount not to exceed $5,000 for each
offense as determined by the Department. The civil penalty
shall be assessed by the Department after a hearing is held
in accordance with the provisions set forth in this Act
regarding the provision of a hearing for the discipline of a
licensee or registrant.
(b) The Department has the authority and power to
investigate any person who practices, offers to practice,
attempts to practice, or holds himself or herself out to
practice as a plumber or plumbing contractor without being
licensed or registered under this Act, or as an irrigation
contractor without being registered under this Act.
(c) The civil penalty shall be paid within 60 days after
the effective date of the order imposing the civil penalty.
The order shall constitute a judgment and may be filed and
execution had on the judgment in the same manner as a
judgment from a court of record. All fines and penalties
collected by the Department under this Section of the Act and
accrued interest shall be deposited into the Plumbing
Licensure and Program Fund for use by the Department in
performing activities relating to the administration and
enforcement of this Act.
(Source: P.A. 90-714, eff. 8-7-98; 91-678, eff. 1-26-00.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 15, 2001.
Approved August 10, 2001.
[ Top ]