Illinois General Assembly - Full Text of SB0038
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Full Text of SB0038  97th General Assembly




State of Illinois
2011 and 2012


Introduced 1/27/2011, by Sen. Susan Garrett


225 ILCS 320/2  from Ch. 111, par. 1102
225 ILCS 320/35  from Ch. 111, par. 1133

    Amends the Illinois Plumbing License Law. Provides that "plumbing" includes rainwater harvesting distribution systems, but does not include any rainwater harvesting distribution system or rainwater harvesting collection system unless otherwise required by the Illinois Plumbing Code. Requires the Illinois Department of Public Health to adopt and publish a minimum code of standards for rainwater harvesting collection systems and rainwater harvesting distribution systems by January 1, 2012. Requires rainwater harvesting collection systems and rainwater harvesting distribution systems to be (A) used only for non-potable uses and (B) constructed in accordance with the Illinois Plumbing Code. Defines "rainwater harvesting collection system" and "rainwater harvesting distribution system". Effective immediately.

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1    AN ACT concerning professional 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 and 35 as follows:
6    (225 ILCS 320/2)  (from Ch. 111, par. 1102)
7    Sec. 2. When used in this Act:
8    "Agent" means a person designated by a sponsor as
9responsible for supervision of an apprentice plumber and who is
10also an Illinois licensed plumber.
11    "Apprentice plumber" means any licensed person who is
12learning and performing plumbing under the supervision of a
13sponsor or his agent in accordance with the provisions of this
15    "Approved apprenticeship program" means an apprenticeship
16program approved by the U.S. Department of Labor's Bureau of
17Apprenticeship and Training and the Department under rules.
18    "Board" means the Illinois State Board of Plumbing
20    "Building drain" means that part of the lowest horizontal
21piping of a drainage system that receives the discharge from
22soil, waste, and other drainage pipes inside the walls of a
23building and conveys it to 5 feet beyond the foundation walls



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1where it is connected to the building sewer.
2    "Building sewer" means that part of the horizontal piping
3of a drainage system that extends from the end of the building
4drain, receives the discharge of the building drain and conveys
5it to a public sewer or private sewage disposal system.
6    "Department" means the Illinois Department of Public
8    "Director" means the Director of the Illinois Department of
9Public Health.
10    "Governmental unit" means a city, village, incorporated
11town, county, or sanitary or water district.
12    "Irrigation contractor" means a person who installs or
13supervises the installation of lawn sprinkler systems subject
14to Section 2.5 of this Act, other than a licensed plumber or a
15licensed apprentice plumber.
16    "Irrigation employee" means a person who is employed by a
17registered irrigation contractor or a licensed plumber, and who
18designs, repairs, alters, maintains, or installs lawn
19sprinkler systems that are subject to Section 2.5 of this Law.
20    "Lawn sprinkler system" means any underground irrigation
21system of lawn, shrubbery and other vegetation from any potable
22water sources; and from any water sources, whether or not
23potable. "Lawn sprinkler system" includes without limitation
24the water supply piping, valves, control systems, low voltage
25wiring, sprinkler heads or other irrigation outlets, and
26moisture or rainfall sensing equipment, but does not include



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1the backflow prevention device. "Lawn sprinkler system" does
2not include an irrigation system used primarily for
3agricultural purposes.
4    "Person" means any natural person, firm, corporation,
5partnership, or association.
6    "Plumber" means any licensed person authorized to perform
7plumbing as defined in this Act, but does not include retired
8plumbers as defined in this Act.
9    "Plumbing" means the actual installation, repair,
10maintenance, alteration or extension of a plumbing system by
11any person.
12    "Plumbing" includes all piping, fixtures, appurtenances
13and appliances for a supply of water for all purposes,
14including without limitation lawn sprinkler systems and
15backflow prevention devices connected to lawn sprinkler
16systems, from the source of a private water supply on the
17premises or from the main in the street, alley or at the curb
18to, within and about any building or buildings where a person
19or persons live, work or assemble.
20    "Plumbing" includes rainwater harvesting distribution
21systems. Rainwater harvesting distribution systems shall be
22for non-potable use only. "Plumbing" does not include any
23rainwater harvesting distribution system or rainwater
24harvesting collection system unless otherwise required by the
25Illinois Plumbing Code. Rainwater harvesting distribution
26systems shall be constructed in accordance with the Illinois



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1Plumbing Code.
2    "Plumbing" includes all piping, from discharge of pumping
3units to and including pressure tanks in water supply systems.
4    "Plumbing" includes all piping, fixtures, appurtenances,
5and appliances for a building drain and a sanitary drainage and
6related ventilation system of any building or buildings where a
7person or persons live, work or assemble from the point of
8connection of such building drain to the building sewer or
9private sewage disposal system 5 feet beyond the foundation
11    "Plumbing" does not mean or include the trade of
12drain-laying, the trade of drilling water wells which
13constitute the sources of private water supplies, and of making
14connections between such wells and pumping units in the water
15supply systems of buildings served by such private water
16supplies, or the business of installing water softening
17equipment and of maintaining and servicing the same, or the
18business of manufacturing or selling plumbing fixtures,
19appliances, equipment or hardware, or to the installation and
20servicing of electrical equipment sold by a not-for-profit
21corporation providing electrification on a cooperative basis,
22that either on or before January 1, 1971, is or has been
23financed in whole or in part under the federal Rural
24Electrification Act of 1936 and the Acts amendatory thereof and
25supplementary thereto, to its members for use on farms owned by
26individuals or operated by individuals, nor does it mean or



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1include minor repairs which do not require changes in the
2piping to or from plumbing fixtures or involve the removal,
3replacement, installation or re-installation of any pipe or
4plumbing fixtures. Plumbing does not include the installation,
5repair, maintenance, alteration or extension of building
6sewers, or the installation, repair, or maintenance of
7rainwater harvesting collection systems unless otherwise
8required by the Illinois Plumbing Code.
9    "Plumbing contractor" means any person who performs
10plumbing, as defined in this Act, for another person. "Plumbing
11contractor" shall not include licensed plumbers and licensed
12apprentice plumbers who either are employed by persons engaged
13in the plumbing business or are employed by another person for
14the performance of plumbing solely for that other person,
15including, but not limited to, a hospital, university, or
16business maintenance staff.
17    "Plumbing fixtures" means installed receptacles, devices
18or appliances that are supplied with water or that receive or
19discharge liquids or liquid borne wastes, with or without
20discharge into the drainage system with which they may be
21directly or indirectly connected.
22    "Plumbing system" means the water service, water supply and
23distribution pipes; plumbing fixtures and traps; soil, waste
24and vent pipes; building drains; including their respective
25connections, devices and appurtenances.
26    "Plumbing system" does not include building sewers as



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1defined in this Act.
2    "Rainwater harvesting collection system" is a system for
3the capture, diversion, and storage of rainwater and consists
4of one or more cisterns, pipe, fittings, and appurtenances
5required for or used to harvest rainwater for non-potable
6purposes. These systems must be constructed in accordance with
7the Illinois Plumbing Code.
8    "Rainwater harvesting distribution system" is a system for
9the distribution of rainwater collected by an approved
10rainwater harvesting collection system. This system consists
11of pumps, pipe, fittings, or other plumbing appurtenances and
12must be constructed in accordance with the Illinois Plumbing
14    "Retired plumber" means any licensed plumber in good
15standing who meets the requirements of this Act and the
16requirements prescribed by Department rule to be licensed as a
17retired plumber and voluntarily surrenders his plumber's
18license to the Department, in exchange for a retired plumber's
19license. Retired plumbers cannot perform plumbing as defined in
20this Act, cannot sponsor or supervise apprentice plumbers, and
21cannot inspect plumbing under this Act. A retired plumber
22cannot fulfill the requirements of subsection (3) of Section 3
23of this Act.
24    "Supervision" with respect to first and second year
25licensed apprentice plumbers means that such apprentices must
26perform all designing and planning of plumbing systems and all



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1plumbing as defined in this Act under the direct personal
2supervision of the sponsor or his or her agent who must also be
3an Illinois licensed plumber, except for maintenance and repair
4work on existing plumbing systems done by second year
5apprentice plumbers; provided that before performing any
6maintenance and repair work without such supervision, such
7apprentice has received the minimum number of hours of annual
8classroom instruction recommended by the United States
9Department of Labor's Bureau of Apprenticeship and Training for
10apprentice plumbers in a Bureau of Apprenticeship and Training
11approved plumber apprenticeship program or its equivalent.
12"Supervision" with respect to all other apprentice plumbers
13means that, except for maintenance and repair work on existing
14plumbing systems, any plumbing done by such apprentices must be
15inspected daily, after initial rough-in and after completion by
16the sponsor or his or her agent who is also an Illinois
17licensed plumber. In addition, all repair and maintenance work
18done by a licensed apprentice plumber on an existing plumbing
19system must be approved by the sponsor or his or her agent who
20is also an Illinois licensed plumber.
21    "Sponsor" is an Illinois licensed plumber or an approved
22apprenticeship program that has accepted an individual as an
23Illinois licensed apprentice plumber for education and
24training in the field of plumbing and whose name and license
25number or apprenticeship program number shall appear on the
26individual's application for an apprentice plumber's license.



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1    "Sponsored" means that each Illinois licensed apprentice
2plumber has been accepted by an Illinois licensed plumber or an
3approved apprenticeship program for apprenticeship training.
4    "Telecommunications carrier" means a telecommunications
5carrier as defined in the Public Utilities Act.
6(Source: P.A. 94-101, eff. 1-1-08.)
7    (225 ILCS 320/35)  (from Ch. 111, par. 1133)
8    Sec. 35. The Department shall promulgate and publish and
9may from time to time amend a minimum code of standards for
10plumbing and the fixtures, materials, design and installation
11methods of plumbing systems based upon the findings of the
12sciences of pneumatics and hydraulics, after consideration of
13the recommendations of the Plumbing Code Advisory Council. The
14Department may promulgate and publish rules in the State's
15minimum code of standards for the minimum number of plumbing
16fixtures required for the comfort and convenience of workers
17and the public not inconsistent with, but not limited to, the
18requirements of the federal Americans With Disabilities Act,
19the Equitable Restrooms Act, and the U.S. Department of Labor,
20Office of Safety and Health Administration. The Department
21shall adopt and publish a minimum code of standards for
22rainwater harvesting collection systems and rainwater
23harvesting distribution systems by January 1, 2012. The minimum
24code of standards for plumbing and any amendments thereto shall
25be filed with the Secretary of State as a public record. In



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1preparing plumbing code standards and amendments thereto the
2Department may give consideration to the recommendations
3contained in nationally recognized plumbing codes and
4recommendations of nationally recognized material and
5equipment testing laboratories. The plumbing code promulgated
6by the Department under authority of this Act shall remain in
7effect as the minimum code authorized by this Act until the
8Department promulgates a new code under authority of this Act.
9At least 20 days' notice of a public hearing shall be given by
10the Department in a manner which the Department considers
11adequate to bring the hearing to the attention of persons
12interested in plumbing code standards. Notice of any public
13hearing shall be given by the Department to those who file a
14request for a notice of hearings.
15(Source: P.A. 87-885.)
16    Section 99. Effective date. This Act takes effect upon
17becoming law.