Illinois General Assembly - Full Text of HB4245
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Full Text of HB4245  102nd General Assembly

HB4245enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB4245 EnrolledLRB102 21906 SPS 31027 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 Illinois Plumbing License Law is amended by
5changing Sections 2.5 and 29.5 as follows:
 
6    (225 ILCS 320/2.5)
7    (Section scheduled to be repealed on January 1, 2024)
8    Sec. 2.5. Irrigation contractors; lawn sprinkler systems.
9    (a) Every irrigation contractor doing business in this
10State shall annually register with the Department. Every
11irrigation contractor shall provide to the Department his or
12her business name and address, telephone number, name of
13principal, FEIN number, and an original certificate of
14insurance documenting that the irrigation contractor carries
15general liability insurance with a minimum of $100,000 per
16occurrence, bodily injury insurance with a minimum of $300,000
17per occurrence, property damage insurance with a minimum of
18$50,000, and worker's compensation insurance with a minimum of
19$500,000. No registration may be issued in the absence of the
20certificate of insurance. The certificate must be in force at
21all times for registration to remain valid.
22    On a form provided by the Department, every irrigation
23contractor must provide to the Department an indemnification

 

 

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1bond in the amount of $20,000 or an irrevocable letter of
2credit from a financial institution guaranteeing that funds
3shall be available only to the Department and shall be
4released upon written notification by the Department in the
5same amount for any work on lawn sprinkler systems performed
6by the registered irrigation contractor. The letter of credit
7shall be printed on the letterhead of the issuing financial
8institution, be signed by an officer of the same financial
9institution, name the Department as the sole beneficiary, and
10expire on February 28 of each year.
11    Every irrigation contractor doing business in this State
12shall also register with the Department each and every
13employee who installs or supervises the installation of lawn
14sprinkler systems. The registration shall include the
15employee's name, home address, and telephone number. The
16Department may provide by rule for the administration of
17registrations under this subsection. The annual registration
18fee shall be set by the Department pursuant to Section 30 of
19this Act. Each registered irrigation contractor must provide
20proof that he or she employs at least one irrigation employee
21who has completed and passed an approved class in the design
22and installation of lawn sprinkler systems.
23    (b) A licensed plumber or licensed apprentice plumber may
24install a lawn sprinkler system connected to any water source
25without registration under this Section.
26    (c) A licensed plumber shall inspect every sprinkler

 

 

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

 

 

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

 

 

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

 

 

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1Department 36 or more persons who are authorized to install or
2supervise the installation of lawn sprinkler systems shall
3either employ or contract with at least 6 licensed plumbers
4who shall install or be responsible for the installation of
5every lawn sprinkler system installed after the effective date
6of this amendatory Act of the 91st General Assembly. A
7licensed plumber shall inspect the risers and sprinkler heads
8before backfilling.
9    The Department may provide by rule for the temporary
10waiver process for registered irrigation contractors who are
11unable to comply with the requirements of this subsection.
12When a temporary waiver is granted, it shall not be for a
13duration of more than 3 consecutive months. Upon the
14expiration of a temporary waiver issued by the Department, the
15registered irrigation contractor shall demonstrate that
16justifiable reasons exist why he or she is still unable to
17comply with the requirements of this subsection, despite good
18faith efforts to comply with the requirements. In no case
19shall a temporary waiver be granted for an irrigation
20contractor for more than a total of 6 months in a 2-year
21two-year period. In no case shall an irrigation contractor be
22relieved of the requirement that a licensed plumber shall
23inspect every sprinkler system installed by an irrigation
24contractor to ensure the provisions of this Section have been
25met and that the system works mechanically and make the
26physical connection between a sprinkler system and the

 

 

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

 

 

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1of lawn sprinkler systems and proof that the course was
2successfully completed and that continuing education is also
3being completed.
4    (g) All automatically operated lawn sprinkler systems
5shall have furnished and installed technology that inhibits or
6interrupts operation of the landscape irrigation system during
7periods of sufficient moisture or rainfall. The technology
8must be adjustable either by the end user or the irrigation
9contractor.
10    This subsection (g) does not apply to systems operating on
11golf courses or agricultural lands.
12    The requirements of this subsection (g) apply to all
13landscape irrigation systems installed after January 1, 2009.
14(Source: P.A. 94-101, eff. 1-1-08; 95-421, eff. 1-1-09.)
 
15    (225 ILCS 320/29.5)
16    Sec. 29.5. Unlicensed and unregistered practice;
17violation; civil penalties.
18    (a) A person who practices, offers to practice, attempts
19to practice, or holds himself or herself out to practice as a
20plumber or plumbing contractor without being licensed or
21registered under this Act, shall, in addition to any other
22penalty provided by law, pay a civil penalty to the Department
23in an amount not to exceed $5,000 for each offense as
24determined by the Department. The civil penalty shall be
25assessed by the Department after a hearing is held in

 

 

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1accordance with the provisions set forth in this Act regarding
2the provision of a hearing for the discipline of a licensee or
3registrant.
4    (b) The Department has the authority and power to
5investigate any person who practices, offers to practice,
6attempts to practice, or holds himself or herself out to
7practice as a plumber or plumbing contractor without being
8licensed or registered under this Act, or as an irrigation
9contractor without being registered under this Act.
10    (c) The civil penalty shall be paid within 60 days after
11the effective date of the order imposing the civil penalty.
12The order shall constitute a judgment and may be filed and
13execution had on the judgment in the same manner as a judgment
14from a court of record. All fines and penalties collected by
15the Department under this Section of the Act and accrued
16interest shall be deposited into the Plumbing Licensure and
17Program Fund for use by the Department in performing
18activities relating to the administration and enforcement of
19this Act.
20    (d) A person who practices, offers to practice, or holds
21himself or herself out to practice as an irrigation contractor
22without being registered under this Act shall be subject to
23the following:
24        (1) For a first offense:
25            (A) Where no violations of the Illinois Plumbing
26        Code are found, the person shall pay a civil penalty of

 

 

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1        $1,000 and may be referred to the State's Attorney or
2        the Attorney General for prosecution under Section 29
3        of this Act.
4            (B) Where violations of the Illinois Plumbing Code
5        are found, the person shall pay a civil penalty of
6        $3,000 (the amount of $3,000 may be reduced to $1,000
7        upon the condition that the unregistered person pays
8        for a licensed plumber who is acceptable to the other
9        party to the original contract or agreement to correct
10        the violations of the Illinois Plumbing Code) and may
11        be referred to the State's Attorney or the Attorney
12        General for prosecution under Section 29 of this Act.
13        (2) For a second offense:
14            (A) Where no violations of the Illinois Plumbing
15        Code are found, the person shall pay a civil penalty of
16        $3,000 and may be referred to the State's Attorney or
17        the Attorney General for prosecution under Section 29
18        of this Act.
19            (B) Where violations of the Illinois Plumbing Code
20        are found, the person shall pay a civil penalty of
21        $5,000 (the amount of $5,000 may be reduced to $3,000
22        upon the condition that the unregistered person pays
23        for a licensed plumber who is acceptable to the other
24        party to the original contract or agreement to correct
25        the violations of the Illinois Plumbing Code) and may
26        be referred to the State's Attorney or the Attorney

 

 

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1        General for prosecution under Section 29 of this Act.
2        (3) For a third or subsequent offense, the person
3    shall pay a civil penalty of $5,000 and be referred to the
4    State's Attorney or the Attorney General for prosecution
5    under Section 29 of this Act.
6    (e) A registered irrigation contractor, firm, corporation,
7partnership, or association that directs, authorizes, or
8allows a person to practice, offer to practice, attempt to
9practice, or hold himself or herself out to practice as an
10irrigation employee without being registered under the
11provisions of this Act, shall be subject to the following:
12        (1) For a first offense, the registrant:
13            (A) shall pay a civil penalty of $10,000 $5,000;
14            (B) shall be required to pay for a licensed
15        plumber who is acceptable to the other party to the
16        original contract or agreement to correct any
17        violations of the Illinois Plumbing Code;
18            (C) shall have his, her, or its plumbing license
19        suspended; and
20            (D) may be referred to the State's Attorney or the
21        Attorney General for prosecution under Section 29 of
22        this Act.
23        (2) For a second offense, the registrant:
24            (A) shall pay a civil penalty of $10,000 $5,000;
25            (B) shall be required to pay for a licensed
26        plumber who is acceptable to the other party to the

 

 

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1        original contract or agreement to correct any
2        violations of the Illinois Plumbing Code;
3            (C) shall have his, her, or its registration
4        revoked; and
5            (D) shall be referred to the State's Attorney or
6        the Attorney General for prosecution under Section 29
7        of this Act.
8    (f) If the inspecting licensed plumber does not inspect
9every sprinkler system installed by an irrigation contractor
10to ensure the provisions of this Act have been met and that the
11system works mechanically or signs off on the installation
12without making the physical connection between a lawn
13sprinkler system and the backflow prevention device, the
14licensed plumber:
15        (1) shall pay a civil penalty of $10,000;
16        (2) shall be required to pay for a licensed plumber
17    who is acceptable to the other party to the original
18    contract or agreement to correct any violations of the
19    Act;
20        (3) shall have his, her, or its plumbing license
21    suspended; and
22        (4) may be referred to the State's Attorney or the
23    Attorney General for prosecution under Section 29 of this
24    Act.
25(Source: P.A. 94-101, eff. 1-1-08.)