Illinois General Assembly - Full Text of HB5913
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Full Text of HB5913  99th General Assembly




HB5913 EnrolledLRB099 20382 SMS 44866 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 3, 8, and 10 as follows:
6    (225 ILCS 320/3)  (from Ch. 111, par. 1103)
7    Sec. 3. (1) All planning and designing of plumbing systems
8and all plumbing shall be performed only by plumbers licensed
9under the provisions of this Act hereinafter called "licensed
10plumbers" and "licensed apprentice plumbers". The inspection
11of plumbing and plumbing systems shall be done only by the
12sponsor or his or her agent who shall be an Illinois licensed
13plumber. Nothing herein contained shall prohibit licensed
14plumbers or licensed apprentice plumbers under supervision
15from planning, designing, inspecting, installing, repairing,
16maintaining, altering or extending building sewers in
17accordance with this Act. No person who holds a license or
18certificate of registration under the Illinois Architecture
19Practice Act of 1989, or the Structural Engineering Practice
20Act of 1989, or the Professional Engineering Practice Act of
211989 shall be prevented from planning and designing plumbing
22systems. Each licensed plumber shall, as a condition of each
23annual license renewal after the first license, provide proof



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1of completion of 4 hours of continuing education. Sponsors of
2continuing education shall meet the criteria provided by the
3Board of Plumbing Examiners and Plumbing Code advisory council.
4Continuing education courses shall provide instruction in
5plumbing, which is supervised directly by an Illinois licensed
6plumber only.
7    (2) Nothing herein contained shall prohibit the owner
8occupant or lessee occupant of a single family residence, or
9the owner of a single family residence under construction for
10his or her occupancy, from planning, installing, altering or
11repairing the plumbing system of such residence, provided that
12(i) such plumbing shall comply with the minimum standards for
13plumbing contained in the Illinois State Plumbing Code, and
14shall be subject to inspection by the Department or the local
15governmental unit if it retains a licensed plumber as an
16inspector; and (ii) such owner, owner occupant or lessee
17occupant shall not employ other than a plumber licensed
18pursuant to this Act to assist him or her.
19    For purposes of this subsection, a person shall be
20considered an "occupant" if and only if he or she has taken
21possession of and is living in the premises as his or her bona
22fide sole and exclusive residence, or, in the case of an owner
23of a single family residence under construction for his or her
24occupancy, he or she expects to take possession of and live in
25the premises as his or her bona fide sole and exclusive
26residence, and he or she has a current intention to live in



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1such premises as his or her bona fide sole and exclusive
2residence for a period of not less than 6 months after the
3completion of the plumbing work performed pursuant to the
4authorization of this subsection, or, in the case of an owner
5of a single family residence under construction for his or her
6occupancy, for a period of not less than 6 months after the
7completion of construction of the residence. Failure to possess
8and live in the premises as a sole and exclusive residence for
9a period of 6 months or more shall create a rebuttable
10presumption of a lack of such intention.
11    (3) The employees of a firm, association, partnership or
12corporation who engage in plumbing shall be licensed plumbers
13or licensed apprentice plumbers. At least one member of every
14firm, association or partnership engaged in plumbing work, and
15at least one corporate officer of every corporation engaged in
16plumbing work, as the case may be, shall be a licensed plumber.
17A retired plumber cannot fulfill the requirements of this
18subsection (3). Plumbing contractors are also required to be
19registered pursuant to the provisions of this Act.
20    Notwithstanding the provisions of this subsection (3), it
21shall be lawful for an irrigation contractor registered under
22Section 2.5 of this Act to employ or contract with one or more
23licensed plumbers in connection with work on lawn sprinkler
24systems pursuant to Section 2.5 of this Act.
25    (4) (a) A licensed apprentice plumber shall plan, design
26    and install plumbing only under the supervision of the



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1    sponsor or his or her agent who is also an Illinois
2    licensed plumber.
3        (b) An applicant for licensing as an apprentice plumber
4    shall be at least 16 years of age and apply on the
5    application form provided by the Department. Such
6    application shall verify that the applicant is sponsored by
7    an Illinois licensed plumber or an approved apprenticeship
8    program and shall contain the name and license number of
9    the licensed plumber or program sponsor.
10        (c) No licensed plumber shall sponsor more than 2
11    licensed apprentice plumbers at the same time. If 2
12    licensed apprentice plumbers are sponsored by a plumber at
13    the same time, one of the apprentices must have, at a
14    minimum, 2 years experience as a licensed apprentice. No
15    licensed plumber sponsor or his or her agent may supervise
16    2 licensed apprentices with less than 2 years experience at
17    the same time. The sponsor or agent shall supervise and be
18    responsible for the plumbing performed by a licensed
19    apprentice.
20        (d) No agent shall supervise more than 2 licensed
21    apprentices at the same time.
22        (e) No licensed plumber may, in any capacity, supervise
23    more than 2 licensed apprentice plumbers at the same time.
24        (f) No approved apprenticeship program may sponsor
25    more licensed apprentices than 2 times the number of
26    licensed plumbers available to supervise those licensed



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1    apprentices.
2        (g) No approved apprenticeship program may sponsor
3    more licensed apprentices with less than 2 years experience
4    than it has licensed plumbers available to supervise those
5    licensed apprentices.
6        (h) No individual shall work as an apprentice plumber
7    unless he or she is properly licensed under this Act. The
8    Department shall issue an apprentice plumber's license to
9    each approved applicant.
10        (i) No licensed apprentice plumber shall serve more
11    than a 6 year licensed apprenticeship period. If, upon
12    completion of a 6 year licensed apprenticeship period, such
13    licensed apprentice plumber does not apply for the
14    examination for a plumber's license and successfully pass
15    the examination for a plumber's license, his or her
16    apprentice plumber's license shall not be renewed.
17    Nothing contained in P.A. 83-878, entitled "An Act in
18relation to professions", approved September 26, 1983, was
19intended by the General Assembly nor should it be construed to
20require the employees of a governmental unit or privately owned
21municipal water supplier who operate, maintain or repair a
22water or sewer plant facility which is owned or operated by
23such governmental unit or privately owned municipal water
24supplier to be licensed plumbers under this Act. In addition,
25nothing contained in P.A. 83-878 was intended by the General
26Assembly nor should it be construed to permit persons other



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1than licensed plumbers to perform the installation, repair,
2maintenance or replacement of plumbing fixtures, such as toilet
3facilities, floor drains, showers and lavatories, and the
4piping attendant to those fixtures, within such facility or in
5the construction of a new facility.
6    Nothing contained in P.A. 83-878, entitled "An Act in
7relation to professions", approved September 26, 1983, was
8intended by the General Assembly nor should it be construed to
9require the employees of a governmental unit or privately owned
10municipal water supplier who install, repair or maintain water
11service lines from water mains in the street, alley or curb
12line to private property lines and who install, repair or
13maintain water meters to be licensed plumbers under this Act if
14such work was customarily performed prior to the effective date
15of such Act by employees of such governmental unit or privately
16owned municipal water supplier who were not licensed plumbers.
17Any such work which was customarily performed prior to the
18effective date of such Act by persons who were licensed
19plumbers or subcontracted to persons who were licensed plumbers
20must continue to be performed by persons who are licensed
21plumbers or subcontracted to persons who are licensed plumbers.
22When necessary under this Act, the Department shall make the
23determination whether or not persons who are licensed plumbers
24customarily performed such work.
25(Source: P.A. 91-91, eff. 1-1-00; 91-678, eff. 1-26-00; 92-338,
26eff. 8-10-01.)



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1    (225 ILCS 320/8)  (from Ch. 111, par. 1107)
2    Sec. 8. The Director shall:
3    (1) Prepare forms for application for examination for a
4plumber's license.
5    (2) Prepare and issue licenses as provided in this Act.
6    (3) With the aid of the Board prescribe rules and
7regulations for examination of applicants for plumber's
9    (4) With the aid of the Board prepare and give uniform and
10comprehensive examinations to applicants for a plumber's
11license which shall test their knowledge and qualifications in
12the planning and design of plumbing systems, their knowledge,
13qualifications, and manual skills in plumbing, and their
14knowledge of the State's minimum code of standards relating to
15fixtures, materials, design and installation methods of
16plumbing systems, promulgated pursuant to this Act.
17    (5) Issue a plumber's license and license renewal to every
18applicant who has passed the examination and who has paid the
19required license and renewal fee.
20    (6) Prescribe rules for hearings to deny, suspend, revoke
21or reinstate licenses as provided in this Act.
22    (7) Maintain a current record showing (a) the names and
23addresses of registered plumbing contractors, licensed
24plumbers, licensed apprentice plumbers, and licensed retired
25plumbers, (b) the dates of issuance of licenses, (c) the date



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1and substance of the charges set forth in any hearing for
2denial, suspension or revocation of any license, (d) the date
3and substance of the final order issued upon each such hearing,
4and (e) the date and substance of all petitions for
5reinstatement of license and final orders on such petitions.
6    (8) Prescribe, in consultation with the Board, uniform and
7reasonable rules defining what constitutes an approved course
8of instruction in plumbing, in colleges, universities, or trade
9schools, and approve or disapprove the courses of instruction
10offered by such colleges, universities, or trade schools by
11reference to their compliance or noncompliance with such rules.
12Such rules shall be designed to assure that an approved course
13of instruction will adequately teach the design, planning,
14installation, replacement, extension, alteration and repair of
16    Each instructor participating in a program of instruction
17in plumbing shall be:
18    (a) an Illinois licensed plumber;
19    (b) an individual who possesses a provisional career and
20technical educator endorsement on an educator license, issued
21by the State Board of Education pursuant to Section 21B-20 of
22the School Code in a field related to plumbing, such as
23hydraulics, pneumatics, or water chemistry; or
24    (c) a representative of an industry or a manufacturing
25business related to plumbing, including, but not limited to,
26the copper industry, plastic pipe industry, or cast iron



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1industry. Courses that are taught by industry representatives
2shall be educational and shall not be sales oriented. Industry
3representatives shall be assisted by an Illinois licensed
4plumber during the presentation of a course of instruction.
5    The instructor shall provide verification of the license or
6certificate. A copy of the instructor's educator license will
7establish verification.
8(Source: P.A. 92-338, eff. 8-10-01.)
9    (225 ILCS 320/10)  (from Ch. 111, par. 1109)
10    Sec. 10. (1) An applicant for a plumber's license shall
11file a written application in the office of the Department on
12the form designated by the Department at least 30 days before
13the date set by the Department for the examination.
14    (2) The Director shall promptly approve the application for
15examination if:
16        (a) the required application fee has been paid, and
17        (b) the applicant has submitted evidence that he or she
18    is a citizen of the United States or has declared his or
19    her intention to become a citizen, and
20        (c) the applicant has submitted evidence that he or she
21    has completed at least a 2 year course of study in a high
22    school, or an equivalent course of study, and
23        (d) the applicant has been employed as an Illinois
24    licensed apprentice plumber under supervision in
25    accordance with this Act for at least 4 years preceding the



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1    date of application and has submitted evidence that he or
2    she has worked at the plumbing trade in accordance with
3    this Act for the 4 year Illinois licensed apprentice
4    plumber apprenticeship period, or
5        (e) the applicant has submitted evidence that he or she
6    has successfully completed an approved course of
7    instruction in plumbing supervised directly by an Illinois
8    licensed plumber in colleges, universities, or trade
9    schools.
10    (3) If the application for examination is approved, the
11Department shall promptly notify the applicant in writing of
12such approval and of the place and time of the examination. If
13the application is disapproved, the Department shall promptly
14notify the applicant in writing of such disapproval, stating
15the reasons for disapproval.
16    (4) If an applicant neglects, fails or refuses to take an
17examination for license under this Act, the application is
18denied. However, such applicant may submit a new application
19for examination, accompanied by the required application fee.
20Application fees for examination for a plumber's license are
21not refundable.
22(Source: P.A. 87-885.)