98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB1217

 

Introduced , by Rep. Robert Rita

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 80/4.24
5 ILCS 80/4.34 new
225 ILCS 320/2.5

    Amends the Regulatory Sunset Act. Extends the repeal of a provision of the Illinois Plumbing License Law from January 1, 2014 to January 1, 2024. Amends the Illinois Plumbing License Law. Makes changes to the requirements for how many licensed plumbers irrigation contractors shall employ to install or be responsible for the installation of every lawn sprinkler system installed. Effective immediately.


LRB098 06891 MGM 36948 b

 

 

A BILL FOR

 

HB1217LRB098 06891 MGM 36948 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Regulatory Sunset Act is amended by changing
5Section 4.24 and by adding Section 4.34 as follows:
 
6    (5 ILCS 80/4.24)
7    Sec. 4.24. Acts and Section repealed on January 1, 2014.
8The following Acts and Section of an Act are repealed on
9January 1, 2014:
10    The Electrologist Licensing Act.
11    The Illinois Certified Shorthand Reporters Act of 1984.
12    The Illinois Occupational Therapy Practice Act.
13    The Illinois Public Accounting Act.
14    The Private Detective, Private Alarm, Private Security,
15Fingerprint Vendor, and Locksmith Act of 2004.
16    The Registered Surgical Assistant and Registered Surgical
17Technologist Title Protection Act.
18    Section 2.5 of the Illinois Plumbing License Law.
19    The Veterinary Medicine and Surgery Practice Act of 2004.
20(Source: P.A. 97-1139, eff. 12-28-12.)
 
21    (5 ILCS 80/4.34 new)
22    Sec. 4.34. Section repealed on January 1, 2024. The

 

 

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1following Section of an Act is repealed on January 1, 2024:
2    Section 2.5 of the Illinois Plumbing License Law.
 
3    Section 10. The Illinois Plumbing License Law is amended by
4changing Section 2.5 as follows:
 
5    (225 ILCS 320/2.5)
6    (Section scheduled to be repealed on January 1, 2014)
7    Sec. 2.5. Irrigation contractors; lawn sprinkler systems.
8    (a) Every irrigation contractor doing business in this
9State shall annually register with the Department. Every
10irrigation contractor shall provide to the Department his or
11her business name and address, telephone number, name of
12principal, FEIN number, and an original certificate of
13insurance documenting that the irrigation contractor carries
14general liability insurance with a minimum of $100,000 per
15occurrence, bodily injury insurance with a minimum of $300,000
16per occurrence, property damage insurance with a minimum of
17$50,000, and worker's compensation insurance with a minimum of
18$500,000. No registration may be issued in the absence of the
19certificate of insurance. The certificate must be in force at
20all times for registration to remain valid.
21    On a form provided by the Department, every irrigation
22contractor must provide to the Department an indemnification
23bond in the amount of $20,000 or an irrevocable letter of
24credit from a financial institution guaranteeing that funds

 

 

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1shall be available only to the Department and shall be released
2upon written notification by the Department in the same amount
3for any work on lawn sprinkler systems performed by the
4registered irrigation contractor. The letter of credit shall be
5printed on the letterhead of the issuing financial institution,
6be signed by an officer of the same financial institution, name
7the Department as the sole beneficiary, and expire on February
828 of each year.
9    Every irrigation contractor doing business in this State
10shall also register with the Department each and every employee
11who installs or supervises the installation of lawn sprinkler
12systems. The registration shall include the employee's name,
13home address, and telephone number. The Department may provide
14by rule for the administration of registrations under this
15subsection. The annual registration fee shall be set by the
16Department pursuant to Section 30 of this Act. Each registered
17irrigation contractor must provide proof that he or she employs
18at least one irrigation employee who has completed and passed
19an approved class in the design and installation of lawn
20sprinkler systems.
21    (b) A licensed plumber or licensed apprentice plumber may
22install a lawn sprinkler system connected to any water source
23without registration under this Section.
24    (c) A licensed plumber shall inspect every sprinkler system
25installed by an irrigation contractor to ensure the provisions
26of this Section have been met and that the system works

 

 

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1mechanically. A licensed plumber shall make the physical
2connection between a lawn sprinkler system and the backflow
3prevention device.
4    Upon the installation of every lawn sprinkler system in
5this State from the effective date of this amendatory Act of
6the 91st General Assembly forward, a licensed plumber shall
7affix to the backflow prevention device a tag certifying that
8the installation of that system has been completed in
9compliance with the minimum code of plumbing standards
10promulgated under this Act. The Department shall provide by
11rule for the registration of every lawn sprinkler system
12installed after the effective date of this amendatory Act of
13the 91st General Assembly, including the means by which the
14Department shall be able to identify by registration number the
15identity of the responsible irrigation contractor and by
16license number the identity of the responsible licensed
17plumber. No lawn sprinkler system installed after the effective
18date of this amendatory Act of the 91st General Assembly may be
19operated without the certification tag required under this
20Section.
21    The registered irrigation contractor and the licensed
22plumber whose identifying information is contained on the
23certification tag shall both be subject to the penalty
24provisions of this Act for violations for improper installation
25of a lawn sprinkler system installed after the effective date
26of this amendatory Act of the 91st General Assembly.

 

 

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1    (d) An irrigation contractor who has registered with the
2Department 5 7 or fewer persons who are authorized to install
3or supervise the installation of lawn sprinkler systems shall
4either employ or contract with at least one licensed plumber
5who shall install or be responsible for the installation of
6every lawn sprinkler system installed after the effective date
7of this amendatory Act of the 98th General Assembly this
8amendatory Act of the 91st General Assembly. The licensed
9plumber shall inspect the risers and sprinkler heads before
10backfilling.
11    An irrigation contractor who has registered with the
12Department 6 8 to 10 12 persons who are authorized to install
13or supervise the installation of lawn sprinkler systems shall
14either employ or contract with at least 2 licensed plumbers who
15shall install or be responsible for the installation of every
16lawn sprinkler system installed after the effective date of
17this amendatory Act of the 98th General Assembly this
18amendatory Act of the 91st General Assembly. A licensed plumber
19shall inspect the risers and sprinkler heads before
20backfilling.
21    An irrigation contractor who has registered with the
22Department 11 13 to 15 20 persons who are authorized to install
23or supervise the installation of lawn sprinkler systems shall
24either employ or contract with at least 3 licensed plumbers who
25shall install or be responsible for the installation of every
26lawn sprinkler system installed after the effective date of

 

 

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1this amendatory Act of the 98th General Assembly this
2amendatory Act of the 91st General Assembly. A licensed plumber
3shall inspect the risers and sprinkler heads before
4backfilling.
5    An irrigation contractor who has registered with the
6Department 16 21 to 20 28 persons who are authorized to install
7or supervise the installation of lawn sprinkler systems shall
8either employ or contract with at least 4 licensed plumbers who
9shall install or be responsible for the installation of every
10lawn sprinkler system installed after the effective date of
11this amendatory Act of the 98th General Assembly this
12amendatory Act of the 91st General Assembly. A licensed plumber
13shall inspect the risers and sprinkler heads before
14backfilling.
15    An irrigation contractor who has registered with the
16Department 21 29 to 25 35 persons who are authorized to install
17or supervise the installation of lawn sprinkler systems shall
18either employ or contract with at least 5 licensed plumbers who
19shall install or be responsible for the installation of every
20lawn sprinkler system installed after the effective date of
21this amendatory Act of the 98th General Assembly this
22amendatory Act of the 91st General Assembly. A licensed plumber
23shall inspect the risers and sprinkler heads before
24backfilling.
25    An irrigation contractor who has registered with the
26Department 26 36 or more persons who are authorized to install

 

 

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1or supervise the installation of lawn sprinkler systems shall
2either employ or contract with at least 6 licensed plumbers who
3shall install or be responsible for the installation of every
4lawn sprinkler system installed after the effective date of
5this amendatory Act of the 98th General Assembly this
6amendatory Act of the 91st General Assembly. A licensed plumber
7shall inspect the risers and sprinkler heads before
8backfilling.
9    The Department may provide by rule for the temporary waiver
10process for registered irrigation contractors who are unable to
11comply with the requirements of this subsection. When a
12temporary waiver is granted, it shall not be for a duration of
13more than 3 consecutive months. Upon the expiration of a
14temporary waiver issued by the Department, the registered
15irrigation contractor shall demonstrate that justifiable
16reasons exist why he or she is still unable to comply with the
17requirements of this subsection, despite good faith efforts to
18comply with the requirements. In no case shall a temporary
19waiver be granted for an irrigation contractor for more than a
20total of 6 months in a two-year period. In no case shall an
21irrigation contractor be relieved of the requirement that a
22licensed plumber shall inspect every sprinkler system
23installed by an irrigation contractor to ensure the provisions
24of this Section have been met and that the system works
25mechanically and make the physical connection between a
26sprinkler system and the backflow prevention device.

 

 

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1    (e) No person shall attach to a lawn sprinkler system any
2fixture intended to supply water for human consumption.
3    No person shall attach to a lawn sprinkler system any
4fixture other than the backflow prevention device, sprinkler
5heads, valves, and other parts integral to the operation of the
6system, unless the fixture is clearly marked as being for
7non-potable uses only.
8    (f) A college, university, trade school, vocational
9school, or association that has established a program providing
10a course of instruction in lawn sprinkler design and
11installation may submit a letter to the Department requesting
12approval of its program or course of instruction.
13    The request for approval shall include information on the
14curriculum offered by the program and the qualifications of the
15organization. The course shall consist of a minimum of 2 days
16of classroom education and an exam and shall include a
17provision for continuing education.
18    The Department shall evaluate the curriculum and
19organization before making a determination to approve or deny a
20request for approval.
21    In addition to providing to the Department the names of
22licensed plumbers who are employed by or contract with an
23irrigation contractor, an irrigation contractor must also
24provide to the Department the names of employees who have
25successfully completed an approved course on the installation
26of lawn sprinkler systems and proof that the course was

 

 

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1successfully completed and that continuing education is also
2being completed.
3    (g) All automatically operated lawn sprinkler systems
4shall have furnished and installed technology that inhibits or
5interrupts operation of the landscape irrigation system during
6periods of sufficient moisture or rainfall. The technology must
7be adjustable either by the end user or the irrigation
8contractor.
9    This subsection (g) does not apply to systems operating on
10golf courses or agricultural lands.
11    The requirements of this subsection (g) apply to all
12landscape irrigation systems installed after January 1, 2009.
13(Source: P.A. 94-101, eff. 1-1-08; 95-421, eff. 1-1-09.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.