093_SB0932ham001











                                     LRB093 03164 AMC 19957 a

 1                    AMENDMENT TO SENATE BILL 932

 2        AMENDMENT NO.     .  Amend Senate Bill 932  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section 5.  The Illinois Plumbing License Law is amended
 5    by changing Sections 13.1, 18, 37, and 42 as follows:

 6        (225 ILCS 320/13.1)
 7        Sec.     13.1.  Plumbing    contractors;    registration;
 8    applications.
 9        (1)  On  and  after  May  1,   2002,   all   persons   or
10    corporations  desiring  to engage in the business of plumbing
11    contractor, other than any entity that maintains  an  audited
12    net  worth  of  shareholders'  equity  equal  to or exceeding
13    $100,000,000,  shall  register   in   accordance   with   the
14    provisions of this Act.
15        (2)  Application for registration shall be filed with the
16    Department  each year, on or before the last day of September
17    April, in writing and on forms prepared and furnished by  the
18    Department.   All plumbing contractor registrations expire on
19    the last day of September April of each year.
20        (3)  Applications shall contain the  name,  address,  and
21    telephone  number  of  the person and the plumbing license of
22    (i) the  individual,  if  a  sole  proprietorship;  (ii)  the
 
                            -2-      LRB093 03164 AMC 19957 a
 1    partner,  if  a  partnership;  or  (iii)  an  officer,  if  a
 2    corporation.   The  application  shall  contain  the business
 3    name, address, and telephone number, a current  copy  of  the
 4    plumbing  license,  and  any other information the Department
 5    may require by rule.
 6        (4)  Applicants shall submit an original  certificate  of
 7    insurance  documenting  that  the  contractor carries general
 8    liability  insurance  with  a   minimum   of   $100,000   per
 9    occurrence,   bodily  injury  insurance  with  a  minimum  of
10    $300,000 aggregate for bodily injury per occurrence, property
11    damage insurance with a minimum of $50,000 or  a  minimum  of
12    $300,000  combined  single  limit,  and  workers compensation
13    insurance with a minimum $500,000 employer's  liability.   No
14    registration   may   be   issued   in  the  absence  of  this
15    certificate.  Certificates must be in force at all times  for
16    registration to remain valid.
17        (5)  Applicants  shall  submit, on a form provided by the
18    Department, an indemnification bond in the amount of  $20,000
19    or  a  letter of credit in the same amount for work performed
20    in accordance with this Act and the rules  promulgated  under
21    this Act.
22        (6)  All  employees  of  a registered plumbing contractor
23    who engage in plumbing work shall  be  licensed  plumbers  or
24    apprentice plumbers in accordance with this Act.
25        (7)  Plumbing   contractors   shall   submit   an  annual
26    registration fee in an amount to be established by rule.
27        (8)  The Department shall be notified in advance  of  any
28    changes  in  the  business structure, name, or location or of
29    the addition or deletion of the owner or officer who  is  the
30    licensed  plumber  listed  on  the  application.   Failure to
31    notify the Department of  this  information  is  grounds  for
32    suspension   or   revocation  of  the  plumbing  contractor's
33    registration.
34        (9)  In the event  that  the  plumber's  license  on  the
 
                            -3-      LRB093 03164 AMC 19957 a
 1    application  for  registration  of a plumbing contractor is a
 2    license issued by the  City  of  Chicago,  it  shall  be  the
 3    responsibility  of  the  applicant  to  forward a copy of the
 4    plumber's license to the Department, noting the name  of  the
 5    registered plumbing contractor, when it is renewed.
 6    (Source: P.A. 92-338, eff. 8-10-01.)

 7        (225 ILCS 320/18) (from Ch. 111, par. 1117)
 8        Sec. 18.  Local regulation; Department standards.
 9        (1)  It is hereby declared to be the policy of this State
10    that  each  city,  town,  village,  township or county with a
11    water supply system or sewage disposal system or both  should
12    so  soon after the enactment of this Act as practicable, with
13    the advice of the State Department of Public Health,  provide
14    by  ordinance,  bylaws  or  rules  and  regulations  for  the
15    materials,  construction,  alteration,  and inspection of all
16    plumbing placed in or in connection with any building in  any
17    such  city, town, village, township, or county and to provide
18    for and appoint a competent Plumbing  Inspector  or  more  as
19    required.  The  Department  may  by  rule establish voluntary
20    standards for the  content  and  conduct  of  local  plumbing
21    regulation  and  inspection  programs  and  may  evaluate and
22    certify local  programs  that  are  in  compliance  with  the
23    voluntary  standards.  The  Department  may by rule establish
24    voluntary education, training, and experience  standards  for
25    Plumbing  Inspectors  and may certify Plumbing Inspectors who
26    are in  compliance  with  the  voluntary  standards.  Nothing
27    contained in this Act shall prohibit any city, town, village,
28    township or county from providing for a Plumbing Inspector or
29    from  requiring  permits  for  the installation and repair of
30    plumbing and collecting a fee therefor,  but  a  city,  town,
31    village,  township,  or  county  that  requires  a permit for
32    installation and repair of plumbing may not issue that permit
33    without verification that the applicant has a valid  plumbing
 
                            -4-      LRB093 03164 AMC 19957 a
 1    license  or  that  the  applicant  is the owner occupant of a
 2    single family residence that is the subject  of  the  permit.
 3    For  the purpose of this Section, the term "occupant" has the
 4    same meaning as in subsection (2) of Section 3 of  this  Act.
 5    No  person  shall be appointed as a Plumbing Inspector who is
 6    not a licensed plumber  under  this  Act,  including  persons
 7    employed as Plumbing Inspectors in home rule units.
 8        (2)  The   Department  of  Public  Health  shall  conduct
 9    inquiry in any city, town, village, township, or county or at
10    any other place in the State when reasonably necessary in the
11    judgment of the Director of the Department of  Public  Health
12    to  safeguard  the  health  of  any person or persons in this
13    State, on account of piping or appurtenant appliances  within
14    any building, or outside, when such piping and appliances are
15    for  the  use  of plumbing as defined in this Act and for the
16    use of carrying sewage or waste within or from any building.
17        The  Department  of  Public  Health  may   conduct   such
18    inquiries  in  any city, town, village, township or county in
19    this State by directing the Plumbing Inspector thereof to aid
20    in or conduct such inquiry or investigation in behalf of  the
21    Department  of  Public  Health  or  the  Department of Public
22    Health may designate some other person or persons to  conduct
23    such investigation.
24    (Source: P.A. 90-714, eff. 8-7-98.)

25        (225 ILCS 320/37) (from Ch. 111, par. 1135)
26        Sec.  37.   Each governmental unit which is authorized to
27    adopt and has adopted any ordinance or resolution  regulating
28    plumbing  may  provide for its administration and enforcement
29    by requiring permits for any  plumbing  system  installation,
30    the inspection of plumbing system installations by inspectors
31    who  are licensed as plumbers in accordance with the Illinois
32    Plumbing License  Law,  and  the  issue  of  certificates  of
33    approval  or  compliance  which  shall  be  evidence  that  a
 
                            -5-      LRB093 03164 AMC 19957 a
 1    plumbing  system  has  been  installed in compliance with the
 2    Code of standards so adopted.
 3        In any municipality in a county with  a  population  over
 4    500,000,  a  letter  of  intent  shall  be  included with all
 5    plumbing permit applications.  The letter shall be written on
 6    the licensed plumber  of  record's  personal  stationary  and
 7    shall  include  the  license holder's signature and corporate
 8    seal.  A home rule unit in a county with  a  population  over
 9    500,000  may  not  regulate  the  information  required to be
10    included with an application  for  a  plumbing  permit  in  a
11    manner less restrictive than this Section.  This Section is a
12    limitation  under  subsection (i) of Section 6 of Article VII
13    of the Illinois Constitution on the  concurrent  exercise  by
14    home  rule  units  of  powers  and functions exercised by the
15    State.
16        A governmental unit authorized to adopt regulations  may,
17    by ordinance or resolution, prescribe reasonable fees for the
18    issue   of  permits  for  installation  work,  the  issue  of
19    certificates  of  compliance  or  approval,   and   for   the
20    inspection of plumbing installations.
21    (Source: P.A. 79-1000.)

22        (225 ILCS 320/42)
23        Sec. 42.  Home rule. Pursuant to paragraph (h) of Section
24    6  of  Article  VII  of the Illinois Constitution of 1970 the
25    power to regulate the licensing of  plumbers,  to  promulgate
26    the promulgation of a minimum plumbing code of standards, and
27    the   power   to  regulate  the  registration  of  irrigation
28    contractors and plumbing contractors  shall,  except  as  may
29    otherwise  be  provided within and pursuant to the provisions
30    of Section 16 and Section 16.1 of this Act, be  exercised  by
31    the  State  and  may  not  be  exercised by any unit of local
32    government, including home rule units.
33    (Source: P.A. 91-678, eff. 1-26-00.)
 
                            -6-      LRB093 03164 AMC 19957 a
 1        Section 99. Effective date.  This Act takes  effect  upon
 2    becoming law.".