Full Text of HB1217 98th General Assembly
HB1217ham001 98TH GENERAL ASSEMBLY | Rep. Robert Rita Filed: 3/19/2013
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| 1 | | AMENDMENT TO HOUSE BILL 1217
| 2 | | AMENDMENT NO. ______. Amend House Bill 1217 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Regulatory Sunset Act is amended by | 5 | | changing Section 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 Acts and Section repealed on January 1, 2014. | 8 | | The following
Acts and Section of an Act are repealed
on | 9 | | January 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, | 15 | | Fingerprint Vendor, and Locksmith Act
of 2004.
| 16 | | The Registered Surgical Assistant and Registered Surgical |
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| 1 | | Technologist
Title Protection Act.
| 2 | | Section 2.5 of the Illinois Plumbing License Law. | 3 | | The Veterinary Medicine and Surgery Practice Act of 2004.
| 4 | | (Source: P.A. 97-1139, eff. 12-28-12.)
| 5 | | (5 ILCS 80/4.34 new) | 6 | | Sec. 4.34. Section repealed on January 1, 2024. The | 7 | | following
Section of an Act is repealed
on January 1, 2024: | 8 | | Section 2.5 of the Illinois Plumbing License Law. | 9 | | Section 10. The Illinois Plumbing License Law is amended by | 10 | | changing Sections 2 and 2.5 as follows:
| 11 | | (225 ILCS 320/2) (from Ch. 111, par. 1102)
| 12 | | Sec. 2. When used in this Act:
| 13 | | "Agent" means a person designated by a sponsor as | 14 | | responsible for
supervision of an apprentice plumber and who is | 15 | | also an Illinois
licensed plumber.
| 16 | | "Apprentice plumber" means any licensed person who is | 17 | | learning and
performing plumbing under the supervision of a | 18 | | sponsor or his agent in
accordance with the provisions of this | 19 | | Act.
| 20 | | "Approved apprenticeship program" means an apprenticeship | 21 | | program
approved by the U.S. Department of Labor's Bureau of | 22 | | Apprenticeship and
Training and the Department under rules.
| 23 | | "Board" means the Illinois State Board of Plumbing |
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| 1 | | Examiners.
| 2 | | "Building drain" means that part of the lowest horizontal | 3 | | piping
of a drainage system that receives the discharge from | 4 | | soil, waste, and
other drainage pipes inside the walls of a | 5 | | building and conveys it to 5
feet beyond the foundation walls | 6 | | where it is connected to the building sewer.
| 7 | | "Building sewer" means that part of the horizontal piping | 8 | | of a drainage
system that extends from the end of the building | 9 | | drain, receives the discharge
of the building drain and conveys | 10 | | it to a public sewer or private sewage
disposal system.
| 11 | | "Department" means the Illinois Department of Public | 12 | | Health.
| 13 | | "Director" means the Director of the Illinois Department of | 14 | | Public Health.
| 15 | | "Governmental unit" means a city, village, incorporated | 16 | | town, county,
or sanitary or water district.
| 17 | | "Irrigation contractor" means a person who installs or | 18 | | supervises the
installation of lawn sprinkler systems subject | 19 | | to Section 2.5 of this Act,
other than a licensed plumber or a
| 20 | | licensed apprentice plumber.
| 21 | | "Irrigation employee" means a person who is employed or | 22 | | seeks to be employed by a registered irrigation contractor or a | 23 | | licensed plumber, and who designs, repairs, alters, maintains, | 24 | | or installs lawn sprinkler systems that are subject to Section | 25 | | 2.5 of this Law.
| 26 | | "Lawn sprinkler system" means any underground irrigation |
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| 1 | | system of lawn,
shrubbery and other vegetation from any potable | 2 | | water sources; and from any
water sources, whether or not | 3 | | potable. "Lawn sprinkler system" includes
without limitation | 4 | | the water supply piping, valves, control systems, low voltage | 5 | | wiring, sprinkler heads or
other irrigation outlets, and | 6 | | moisture or rainfall sensing equipment, but does not include | 7 | | the backflow prevention
device. "Lawn sprinkler system" does | 8 | | not include an irrigation
system used primarily for | 9 | | agricultural purposes.
| 10 | | "Person" means any natural person, firm, corporation, | 11 | | partnership, or
association.
| 12 | | "Plumber" means any licensed person authorized to perform | 13 | | plumbing
as defined in this Act, but does not include retired | 14 | | plumbers as defined in
this Act.
| 15 | | "Plumbing" means the actual installation, repair, | 16 | | maintenance, alteration
or extension of a plumbing system by | 17 | | any person.
| 18 | | "Plumbing" includes all piping, fixtures, appurtenances | 19 | | and
appliances for a supply of water for all purposes, | 20 | | including without limitation
lawn sprinkler systems and | 21 | | backflow prevention devices connected to lawn
sprinkler | 22 | | systems, from the
source of a private water supply on the | 23 | | premises or from
the main in the street, alley or at the curb | 24 | | to, within and about any building
or buildings where a person | 25 | | or persons live, work or assemble.
| 26 | | "Plumbing" includes all piping, from discharge of pumping |
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| 1 | | units to
and including pressure tanks in water supply systems.
| 2 | | "Plumbing" includes all piping, fixtures, appurtenances, | 3 | | and
appliances for
a building drain and a sanitary drainage and | 4 | | related ventilation system
of any building or buildings where a | 5 | | person or persons live, work or assemble
from the point of | 6 | | connection of such building drain to the building sewer
or | 7 | | private sewage disposal system 5 feet beyond the foundation | 8 | | walls.
| 9 | | "Plumbing" does not mean or include the trade of | 10 | | drain-laying, the
trade of drilling water wells which | 11 | | constitute the sources of private water
supplies, and of making | 12 | | connections between such wells and pumping units
in the water | 13 | | supply systems of buildings served by such private water
| 14 | | supplies, or the business of installing water softening | 15 | | equipment and of
maintaining and servicing the same, or the | 16 | | business of manufacturing or
selling plumbing fixtures, | 17 | | appliances, equipment or hardware, or to the
installation and | 18 | | servicing of electrical equipment sold by a not-for-profit
| 19 | | corporation providing electrification on a cooperative basis, | 20 | | that either
on or before January 1, 1971, is or has been | 21 | | financed in whole or in part
under the federal Rural | 22 | | Electrification Act of 1936 and the Acts
amendatory
thereof and | 23 | | supplementary thereto, to its members for use on farms owned
by | 24 | | individuals or operated by individuals, nor does it mean or | 25 | | include minor
repairs which do not require changes in the | 26 | | piping to or from plumbing fixtures
or involve the removal, |
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| 1 | | replacement, installation or re-installation of
any pipe or | 2 | | plumbing fixtures. Plumbing does not include the installation,
| 3 | | repair, maintenance, alteration or extension of building | 4 | | sewers.
| 5 | | "Plumbing contractor" means any person who performs | 6 | | plumbing,
as defined in this Act, for another person. "Plumbing | 7 | | contractor"
shall not include licensed plumbers and licensed | 8 | | apprentice plumbers
who
either
are employed by persons engaged | 9 | | in the plumbing business or are
employed by another person for | 10 | | the performance of
plumbing
solely
for that other person, | 11 | | including, but not limited to, a
hospital, university, or | 12 | | business maintenance staff.
| 13 | | "Plumbing fixtures" means installed receptacles, devices | 14 | | or appliances
that are supplied with water or that receive or | 15 | | discharge liquids or liquid
borne wastes, with or without | 16 | | discharge into the drainage system with which
they may be | 17 | | directly or indirectly connected.
| 18 | | "Plumbing system" means the water service, water supply and | 19 | | distribution
pipes; plumbing fixtures and traps; soil, waste | 20 | | and vent pipes; building
drains; including their respective | 21 | | connections, devices and appurtenances.
| 22 | | "Plumbing system" does not include building sewers as | 23 | | defined in this
Act.
| 24 | | "Retired plumber" means any licensed plumber in good | 25 | | standing who meets the
requirements of this Act and the | 26 | | requirements prescribed by Department rule to
be licensed as a |
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| 1 | | retired plumber and voluntarily surrenders his plumber's
| 2 | | license to the Department, in exchange for a retired plumber's | 3 | | license.
Retired
plumbers cannot perform plumbing as defined in | 4 | | this Act, cannot sponsor or
supervise apprentice plumbers, and | 5 | | cannot inspect plumbing under this Act. A
retired plumber | 6 | | cannot fulfill the requirements of subsection (3) of Section 3
| 7 | | of this Act.
| 8 | | "Supervision" with respect to first and second year | 9 | | licensed apprentice
plumbers means that such apprentices must | 10 | | perform all designing and
planning of plumbing systems and all | 11 | | plumbing as defined in this Act under
the direct personal | 12 | | supervision of the sponsor or his or her agent who must
also be | 13 | | an Illinois licensed plumber, except for maintenance and repair
| 14 | | work on existing plumbing systems done by second year | 15 | | apprentice plumbers;
provided that before performing any | 16 | | maintenance and repair work
without such supervision, such | 17 | | apprentice has received the minimum number of
hours of annual | 18 | | classroom instruction recommended by the United States
| 19 | | Department of Labor's Bureau of Apprenticeship and Training for | 20 | | apprentice
plumbers in a Bureau of Apprenticeship and Training | 21 | | approved plumber
apprenticeship program or its equivalent. | 22 | | "Supervision" with respect to
all other apprentice plumbers | 23 | | means that, except for maintenance and repair
work on existing | 24 | | plumbing systems, any plumbing done by such apprentices
must be | 25 | | inspected daily, after initial rough-in and after completion by | 26 | | the
sponsor or his or her agent who is also an Illinois |
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| 1 | | licensed plumber. In
addition, all repair and maintenance work | 2 | | done by a licensed apprentice
plumber on an existing plumbing | 3 | | system must be approved by the sponsor or
his or her agent who | 4 | | is also an Illinois licensed plumber.
| 5 | | "Sponsor" is an Illinois licensed plumber or an approved | 6 | | apprenticeship
program that has accepted an individual as an | 7 | | Illinois licensed apprentice
plumber for education and | 8 | | training in the field of plumbing and whose name
and license | 9 | | number or apprenticeship program number shall appear on the
| 10 | | individual's application for an apprentice plumber's license.
| 11 | | "Sponsored" means that each Illinois licensed apprentice | 12 | | plumber
has been accepted by an Illinois licensed plumber or an | 13 | | approved
apprenticeship program for apprenticeship training.
| 14 | | "Telecommunications carrier" means a telecommunications | 15 | | carrier as defined
in the Public Utilities Act.
| 16 | | (Source: P.A. 94-101, eff. 1-1-08 .)
| 17 | | (225 ILCS 320/2.5)
| 18 | | (Section scheduled to be repealed on January 1, 2014)
| 19 | | Sec. 2.5. Irrigation contractors; lawn sprinkler systems.
| 20 | | (a) Every irrigation contractor doing business in this | 21 | | State shall annually
register with the
Department. Every | 22 | | irrigation contractor shall provide to the Department
his or | 23 | | her business name and address, telephone number, name of | 24 | | principal,
FEIN number, and an original certificate of | 25 | | insurance documenting that the irrigation contractor carries |
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| 1 | | general liability insurance with a minimum of $100,000 per | 2 | | occurrence, bodily injury insurance with a minimum of $300,000 | 3 | | per occurrence, property damage insurance with a minimum of | 4 | | $50,000, and worker's compensation insurance with a minimum of | 5 | | $500,000. No registration may be issued in the absence of the | 6 | | certificate of insurance. The certificate must be in force at | 7 | | all times for registration to remain valid. | 8 | | On a form provided by the Department, every irrigation | 9 | | contractor must provide to the Department an indemnification | 10 | | bond in the amount of $20,000 or an irrevocable letter of | 11 | | credit from a financial institution guaranteeing that funds | 12 | | shall be available only to the Department and shall be released | 13 | | upon written notification by the Department in the same amount | 14 | | for any work on lawn sprinkler systems performed by the | 15 | | registered irrigation contractor. The letter of credit shall be | 16 | | printed on the letterhead of the issuing financial institution, | 17 | | be signed by an officer of the same financial institution, name | 18 | | the Department as the sole beneficiary, and expire on February | 19 | | 28 of each year. | 20 | | Every irrigation contractor doing business in this State | 21 | | shall also
register
with the Department each and every employee | 22 | | who installs or supervises the
installation of lawn sprinkler | 23 | | systems. The
registration shall include the
employee's name, | 24 | | home address, and telephone number. The
Department
may provide | 25 | | by rule for the administration of
registrations under
this | 26 | | subsection.
The annual
registration fee shall be set by the |
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| 1 | | Department pursuant to
Section 30 of this Act. Each registered | 2 | | irrigation contractor must provide proof that he or she employs | 3 | | at least one irrigation employee who has completed and passed | 4 | | an approved class in the design and installation of lawn | 5 | | sprinkler systems. Nothing in this Act shall prohibit a bona | 6 | | fide labor organization from registering a person as an | 7 | | irrigation employee with the Department.
| 8 | | (b) A licensed plumber or licensed apprentice plumber may | 9 | | install
a lawn sprinkler system connected to any water source
| 10 | | without
registration under this Section.
| 11 | | (c) A licensed plumber shall inspect every
sprinkler system | 12 | | installed by an irrigation contractor to ensure the provisions
| 13 | | of this Section have been met and that the system works | 14 | | mechanically. A
licensed plumber shall make the physical
| 15 | | connection between a lawn sprinkler system and the backflow | 16 | | prevention device.
| 17 | | Upon the installation of every lawn sprinkler system in | 18 | | this State from the
effective date of this amendatory Act of | 19 | | the 91st General Assembly forward, a
licensed
plumber shall | 20 | | affix to the backflow prevention
device a tag certifying that | 21 | | the installation of that system has been completed
in | 22 | | compliance with the minimum code of plumbing standards | 23 | | promulgated under
this Act. The
Department shall provide by | 24 | | rule for the
registration of every lawn sprinkler
system | 25 | | installed after the effective date of this amendatory Act of | 26 | | the 91st
General Assembly, including the means by which the |
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| 1 | | Department shall be able to
identify by
registration number the | 2 | | identity of the responsible irrigation
contractor and by | 3 | | license number the identity of the responsible licensed
| 4 | | plumber. No lawn sprinkler system installed after the effective | 5 | | date of this
amendatory Act of the 91st General Assembly may be
| 6 | | operated without the certification tag required under this | 7 | | Section.
| 8 | | The
registered irrigation contractor and the licensed | 9 | | plumber
whose identifying information is contained on the
| 10 | | certification tag shall both be subject to the penalty | 11 | | provisions of this Act
for violations for improper installation | 12 | | of a lawn sprinkler system installed
after the effective date | 13 | | of this amendatory Act of the 91st General Assembly.
| 14 | | (d) An irrigation contractor who has
registered with the | 15 | | Department 5 7 or
fewer
persons who are authorized to install | 16 | | or supervise the installation of lawn
sprinkler systems shall | 17 | | either employ or contract with at least one licensed
plumber | 18 | | who shall
install or be responsible for the installation of | 19 | | every
lawn sprinkler system installed after the effective date | 20 | | of this amendatory Act of the 98th General Assembly this | 21 | | amendatory Act
of the 91st General Assembly . The licensed | 22 | | plumber shall inspect the risers
and sprinkler heads before | 23 | | backfilling.
| 24 | | An irrigation contractor who has
registered with the | 25 | | Department 6 8 to 10 12
persons who are authorized to install | 26 | | or supervise the installation of lawn
sprinkler systems shall |
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| 1 | | either employ or contract with at least 2 licensed
plumbers who | 2 | | shall install or be responsible for the
installation of every
| 3 | | lawn sprinkler system installed after the effective date of | 4 | | this amendatory Act of the 98th General Assembly this | 5 | | amendatory Act
of the 91st General Assembly .
A licensed plumber | 6 | | shall inspect the risers and sprinkler heads before
| 7 | | backfilling.
| 8 | | An irrigation contractor who has
registered with the | 9 | | Department 11 13 to 15 20
persons who are authorized to install | 10 | | or supervise the installation of lawn
sprinkler systems shall | 11 | | either employ or contract with at least 3 licensed
plumbers who | 12 | | shall install or be responsible for the
installation of every
| 13 | | lawn sprinkler system installed after the effective date of | 14 | | this amendatory Act of the 98th General Assembly this | 15 | | amendatory Act
of the 91st General Assembly .
A licensed plumber | 16 | | shall inspect the risers and sprinkler heads before
| 17 | | backfilling.
| 18 | | An irrigation contractor who has
registered with the | 19 | | Department 16 21 to 20 28
persons who are authorized to install | 20 | | or supervise the installation of lawn
sprinkler systems shall | 21 | | either employ or contract with at least 4 licensed
plumbers who | 22 | | shall install or be responsible for the
installation of every
| 23 | | lawn sprinkler system installed after the effective date of | 24 | | this amendatory Act of the 98th General Assembly this | 25 | | amendatory Act
of the 91st General Assembly .
A licensed plumber | 26 | | shall inspect the risers and sprinkler heads before
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| 1 | | backfilling.
| 2 | | An irrigation contractor who has
registered with the | 3 | | Department 21 29 to 25 35
persons who are authorized to install | 4 | | or supervise the installation of lawn
sprinkler systems shall | 5 | | either employ or contract with at least 5 licensed
plumbers who | 6 | | shall install or be responsible for the
installation of every
| 7 | | lawn sprinkler system installed after the effective date of | 8 | | this amendatory Act of the 98th General Assembly this | 9 | | amendatory Act
of the 91st General Assembly .
A licensed plumber | 10 | | shall inspect the risers and sprinkler heads before
| 11 | | backfilling.
| 12 | | An irrigation contractor who has
registered with the | 13 | | Department 26 36 or more
persons who are authorized to install | 14 | | or supervise the installation of lawn
sprinkler systems shall | 15 | | either employ or contract with at least 6 licensed
plumbers who | 16 | | shall install or be responsible for the
installation of every
| 17 | | lawn sprinkler system installed after the effective date of | 18 | | this amendatory Act of the 98th General Assembly this | 19 | | amendatory Act
of the 91st General Assembly .
A licensed plumber | 20 | | shall inspect the risers and sprinkler heads before
| 21 | | backfilling.
| 22 | | The Department may provide by rule for the temporary waiver | 23 | | process for
registered irrigation contractors who are unable to | 24 | | comply with the
requirements of this subsection. When a | 25 | | temporary waiver is granted, it shall
not be for a duration of | 26 | | more than 3 consecutive months. Upon the expiration
of a |
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| 1 | | temporary waiver issued by the Department, the
registered | 2 | | irrigation
contractor shall demonstrate that justifiable | 3 | | reasons exist why he or she is
still unable to comply with the | 4 | | requirements of this subsection, despite good
faith efforts to | 5 | | comply with the requirements. In no case shall a temporary
| 6 | | waiver be granted for an irrigation contractor for more than a | 7 | | total of 6
months in a two-year period. In no case shall an | 8 | | irrigation
contractor be relieved of the requirement that a | 9 | | licensed plumber
shall inspect every sprinkler system | 10 | | installed by an
irrigation contractor to ensure the provisions | 11 | | of this Section have been met
and that the system works | 12 | | mechanically and make the physical connection
between a | 13 | | sprinkler system and the backflow prevention device.
| 14 | | (e) No person shall attach to a lawn sprinkler system any | 15 | | fixture intended
to supply water for human consumption.
| 16 | | No person shall attach to a lawn sprinkler system any | 17 | | fixture other
than the backflow prevention device, sprinkler | 18 | | heads, valves, and other parts
integral to the operation of the | 19 | | system, unless the fixture is clearly marked
as being for | 20 | | non-potable uses only.
| 21 | | (f) A college, university, trade school, vocational | 22 | | school, or association that has established a program providing | 23 | | a course of instruction in lawn sprinkler design and | 24 | | installation may submit a letter to the Department requesting | 25 | | approval of its program or course of instruction.
| 26 | | The request for approval shall include information on the |
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| 1 | | curriculum offered by the program and the qualifications of the | 2 | | organization. The course shall consist of a minimum of 2 days | 3 | | of classroom education and an exam and shall include a | 4 | | provision for continuing education. | 5 | | The Department shall evaluate the curriculum and | 6 | | organization before making a determination to approve or deny a | 7 | | request for approval.
| 8 | | In addition to providing to the Department the names of | 9 | | licensed plumbers who are employed by or contract with an | 10 | | irrigation contractor, an irrigation contractor must also | 11 | | provide to the Department the names of employees who have | 12 | | successfully completed an approved course on the installation | 13 | | of lawn sprinkler systems and proof that the course was | 14 | | successfully completed and that continuing education is also | 15 | | being completed.
| 16 | | (g) All automatically operated lawn sprinkler systems | 17 | | shall have furnished and installed technology that inhibits or | 18 | | interrupts operation of the landscape irrigation system during | 19 | | periods of sufficient moisture or rainfall. The technology must | 20 | | be adjustable either by the end user or the irrigation | 21 | | contractor. | 22 | | This subsection (g) does not apply to systems operating on | 23 | | golf courses or agricultural lands. | 24 | | The requirements of this subsection (g) apply to all | 25 | | landscape irrigation systems installed after January 1, 2009.
| 26 | | (Source: P.A. 94-101, eff. 1-1-08; 95-421, eff. 1-1-09 .)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.".
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