State of Illinois
92nd General Assembly
Legislation

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92_HB2148enr

 
HB2148 Enrolled                                LRB9204189LBmg

 1        AN ACT concerning the regulation of professions.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Illinois Plumbing License Law is amended
 5    by changing Sections 1, 2, 3, 8, 20, and 29.5 and  by  adding
 6    Section 13.1 as follows:

 7        (225 ILCS 320/1) (from Ch. 111, par. 1101)
 8        Sec.  1.  Purpose.  It has been established by scientific
 9    evidence  that  improper   plumbing   can   result   in   the
10    introduction  of  pathogenic organisms into the potable water
11    supply,  result  in  the  escape  of  toxic  gases  into  the
12    environment, and result in  potentially  lethal  disease  and
13    epidemic.  It  is  further  found  that  minimum  numbers  of
14    plumbing  facilities  and  fixtures  are  necessary  for  the
15    comfort  and  convenience  of  workers  and persons in public
16    places.
17        Consistent with its duty to safeguard the health  of  the
18    people of this State, the General Assembly therefore declares
19    that  the  regulation  of  plumbing and the plumbing trade is
20    necessary  for  the  protection   of   the   public   health,
21    convenience,  and  welfare.  The  General  Assembly therefore
22    declares that individuals who plan, inspect, install,  alter,
23    extend,   repair  and  maintain  plumbing  systems  shall  be
24    individuals of proven skill.  Further, the  General  Assembly
25    declares  that  a guide for the minimum control and number of
26    plumbing materials  and  fixtures,  the  design  of  plumbing
27    systems,  and  the  construction  and installation methods of
28    plumbing systems is essential for the  protection  of  public
29    health and convenience. In order to insure plumbing skill and
30    to  authoritatively  establish  what  shall  be good plumbing
31    practice, this Act provides for the licensing of plumbers and
 
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 1    registration of plumbing contractors and for the promulgation
 2    of a Minimum Plumbing Code of standards by  the  Department.,
 3    This  Act is therefore declared to be essential to the public
 4    interest.
 5    (Source: P.A. 87-885.)

 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
 9    responsible for supervision of an apprentice plumber and  who
10    is also an Illinois licensed plumber.
11        "Apprentice  plumber"  means  any  licensed person who is
12    learning and performing plumbing under the supervision  of  a
13    sponsor  or  his  agent  in accordance with the provisions of
14    this Act.
15        "Approved apprenticeship program" means an apprenticeship
16    program approved by the U.S. Department of Labor's Bureau  of
17    Apprenticeship and Training and the Department under rules.
18        "Board"  means  the  Illinois  State  Board  of  Plumbing
19    Examiners.
20        "Building drain" means that part of the lowest horizontal
21    piping  of a drainage system that receives the discharge from
22    soil, waste, and other drainage pipes inside the walls  of  a
23    building and conveys it to 5 feet beyond the foundation walls
24    where it is connected to the building sewer.
25        "Building sewer" means that part of the horizontal piping
26    of  a  drainage  system  that  extends  from  the  end of the
27    building drain, receives the discharge of the building  drain
28    and  conveys  it to a public sewer or private sewage disposal
29    system.
30        "Department" means  the  Illinois  Department  of  Public
31    Health.
32        "Director"  means the Director of the Illinois Department
33    of Public Health.
 
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 1        "Governmental unit" means a city,  village,  incorporated
 2    town, county, or sanitary or water district.
 3        "Irrigation  contractor"  means  a person who installs or
 4    supervises the installation of lawn sprinkler systems subject
 5    to Section 2.5 of this Act, other than a licensed plumber  or
 6    a licensed apprentice plumber.
 7        "Lawn  sprinkler system" means any underground irrigation
 8    system of lawn,  shrubbery  and  other  vegetation  from  any
 9    potable water sources; and from any water sources, whether or
10    not  potable,  in:   (i)  any  county  with  a  population of
11    3,000,000 or more; (ii)  any  county  with  a  population  of
12    275,000  or more which is contiguous in whole or in part to a
13    county with a population of 3,000,000 or more; and (iii)  any
14    county  with  a  population  of  37,000 or more but less than
15    150,000 which is  contiguous  to  2  or  more  counties  with
16    respective populations in excess of 275,000.  "Lawn sprinkler
17    system"  includes without limitation the water supply piping,
18    valves, and sprinkler heads or other irrigation outlets,  but
19    does  not  include  the  backflow  prevention  device.  "Lawn
20    sprinkler system" does not include an irrigation system  used
21    primarily for agricultural purposes.
22        "Person"  means  any  natural  person, firm, corporation,
23    partnership, or association.
24        "Plumber" means any licensed person authorized to perform
25    plumbing as defined in this Act, but does not include retired
26    plumbers as defined in this Act.
27        "Plumbing"  means  the   actual   installation,   repair,
28    maintenance,  alteration or extension of a plumbing system by
29    any person.
30        "Plumbing" includes all piping,  fixtures,  appurtenances
31    and  appliances  for  a  supply  of  water  for all purposes,
32    including  without  limitation  lawn  sprinkler  systems  and
33    backflow  prevention  devices  connected  to  lawn  sprinkler
34    systems, from the source of a private  water  supply  on  the
 
HB2148 Enrolled             -4-                LRB9204189LBmg
 1    premises or from the main in the street, alley or at the curb
 2    to, within and about any building or buildings where a person
 3    or persons live, work or assemble.
 4        "Plumbing" includes all piping, from discharge of pumping
 5    units  to  and  including  pressure  tanks  in  water  supply
 6    systems.
 7        "Plumbing"  includes all piping, fixtures, appurtenances,
 8    and appliances for a building drain and a  sanitary  drainage
 9    and  related  ventilation system of any building or buildings
10    where a person or persons live, work  or  assemble  from  the
11    point  of  connection  of such building drain to the building
12    sewer or private sewage disposal system  5  feet  beyond  the
13    foundation walls.
14        "Plumbing"   does  not  mean  or  include  the  trade  of
15    drain-laying,  the  trade  of  drilling  water  wells   which
16    constitute  the  sources  of  private  water supplies, and of
17    making connections between such wells and  pumping  units  in
18    the  water supply systems of buildings served by such private
19    water supplies, or the business of installing water softening
20    equipment and of maintaining and servicing the same,  or  the
21    business  of  manufacturing  or  selling  plumbing  fixtures,
22    appliances, equipment or hardware, or to the installation and
23    servicing  of  electrical  equipment sold by a not-for-profit
24    corporation providing electrification on a cooperative basis,
25    that either on or before January 1,  1971,  is  or  has  been
26    financed  in  whole  or  in  part  under  the  federal  Rural
27    Electrification  Act  of 1936 and the Acts amendatory thereof
28    and supplementary thereto, to its members for  use  on  farms
29    owned  by individuals or operated by individuals, nor does it
30    mean or include minor repairs which do not require changes in
31    the piping to  or  from  plumbing  fixtures  or  involve  the
32    removal,  replacement, installation or re-installation of any
33    pipe or plumbing fixtures.  Plumbing  does  not  include  the
34    installation, repair, maintenance, alteration or extension of
 
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 1    building sewers.
 2        "Plumbing  contractor"  means  any  person  who  performs
 3    plumbing,  as  defined  in  this  Act,  for  another  person.
 4    "Plumbing contractor" shall not include licensed plumbers and
 5    licensed  apprentice  plumbers  who  either  are  employed by
 6    persons engaged in the plumbing business or are  employed  by
 7    another  person  for  the  performance of plumbing solely for
 8    that other person, including, but not limited to, a hospital,
 9    university, or business maintenance staff.
10        "Plumbing fixtures" means installed receptacles,  devices
11    or appliances that are supplied with water or that receive or
12    discharge  liquids  or  liquid  borne wastes, with or without
13    discharge into the drainage system with  which  they  may  be
14    directly or indirectly connected.
15        "Plumbing  system" means  the water service, water supply
16    and distribution pipes; plumbing fixtures  and  traps;  soil,
17    waste  and  vent  pipes;  building  drains;  including  their
18    respective connections, devices and appurtenances.
19        "Plumbing  system"  does  not  include building sewers as
20    defined in this Act.
21        "Retired plumber" means  any  licensed  plumber  in  good
22    standing  who  meets  the  requirements  of  this Act and the
23    requirements prescribed by Department rule to be licensed  as
24    a  retired  plumber  and voluntarily surrenders his plumber's
25    license  to  the  Department,  in  exchange  for  a   retired
26    plumber's  license.  Retired plumbers cannot perform plumbing
27    as  defined  in  this  Act,  cannot  sponsor   or   supervise
28    apprentice  plumbers,  and cannot inspect plumbing under this
29    Act.  A retired plumber cannot fulfill  the  requirements  of
30    subsection (3) of Section 3 of this Act.
31        "Supervision"  with  respect  to  first  and  second year
32    licensed apprentice plumbers means that such apprentices must
33    perform all designing and planning of  plumbing  systems  and
34    all plumbing as defined in this Act under the direct personal
 
HB2148 Enrolled             -6-                LRB9204189LBmg
 1    supervision  of the sponsor or his or her agent who must also
 2    be an Illinois licensed plumber, except for  maintenance  and
 3    repair  work on existing plumbing systems done by second year
 4    apprentice plumbers;  provided  that  before  performing  any
 5    maintenance  and  repair  work without such supervision, such
 6    apprentice has received the minimum number of hours of annual
 7    classroom  instruction  recommended  by  the  United   States
 8    Department  of  Labor's Bureau of Apprenticeship and Training
 9    for apprentice plumbers in a  Bureau  of  Apprenticeship  and
10    Training  approved  plumber  apprenticeship  program  or  its
11    equivalent.    "Supervision"   with   respect  to  all  other
12    apprentice plumbers means that, except  for  maintenance  and
13    repair  work  on existing plumbing systems, any plumbing done
14    by such apprentices must be inspected  daily,  after  initial
15    rough-in  and  after  completion by the sponsor or his or her
16    agent who is also an Illinois licensed plumber.  In addition,
17    all repair and maintenance work done by a licensed apprentice
18    plumber on an existing plumbing system must  be  approved  by
19    the  sponsor  or  his  or  her  agent who is also an Illinois
20    licensed plumber.
21        "Sponsor" is an Illinois licensed plumber or an  approved
22    apprenticeship  program that has accepted an individual as an
23    Illinois  licensed  apprentice  plumber  for  education   and
24    training  in the field of plumbing and whose name and license
25    number or apprenticeship program number shall appear  on  the
26    individual's application for an apprentice plumber's license.
27        "Sponsored"  means that each Illinois licensed apprentice
28    plumber has been accepted by an Illinois licensed plumber  or
29    an   approved   apprenticeship   program  for  apprenticeship
30    training.
31        "Telecommunications carrier" means  a  telecommunications
32    carrier as defined in the Public Utilities Act.
33    (Source: P.A. 91-184, eff. 1-1-00; 91-678, eff. 1-26-00.)
 
HB2148 Enrolled             -7-                LRB9204189LBmg
 1        (225 ILCS 320/3) (from Ch. 111, par. 1103)
 2        Sec.  3.  (1)  All  planning  and  designing  of plumbing
 3    systems and all plumbing shall be performed only by  plumbers
 4    licensed  under the provisions of this Act hereinafter called
 5    "licensed plumbers" and "licensed apprentice plumbers".   The
 6    inspection  of  plumbing  and  plumbing systems shall be done
 7    only by the sponsor or his or  her  agent  who  shall  be  an
 8    Illinois  licensed  plumber.   Nothing herein contained shall
 9    prohibit licensed plumbers or  licensed  apprentice  plumbers
10    under   supervision  from  planning,  designing,  inspecting,
11    installing, repairing,  maintaining,  altering  or  extending
12    building  sewers  in accordance with this Act.  No person who
13    holds a license or  certificate  of  registration  under  the
14    Illinois Architecture Practice Act of 1989, or the Structural
15    Engineering   Practice  Act  of  1989,  or  the  Professional
16    Engineering Practice Act of  1989  shall  be  prevented  from
17    planning and designing plumbing systems.
18        (2)  Nothing  herein  contained  shall prohibit the owner
19    occupant or lessee occupant of a single family residence,  or
20    the owner of a single family residence under construction for
21    his  or her occupancy, from planning, installing, altering or
22    repairing the plumbing system  of  such  residence,  provided
23    that   (i)  such  plumbing  shall  comply  with  the  minimum
24    standards  for  plumbing  contained  in  the  Illinois  State
25    Plumbing Code, and shall be  subject  to  inspection  by  the
26    Department  or  the  local  governmental unit if it retains a
27    licensed plumber as an inspector; and (ii) such owner,  owner
28    occupant  or  lessee  occupant  shall not employ other than a
29    plumber licensed pursuant to this Act to assist him or her.
30        For purposes  of  this  subsection,  a  person  shall  be
31    considered  an  "occupant" if and only if he or she has taken
32    possession of and is living in the premises  as  his  or  her
33    bona  fide  sole and exclusive residence, or, in the case  of
34    an owner of a single family residence under construction  for
 
HB2148 Enrolled             -8-                LRB9204189LBmg
 1    his or her occupancy, he or she expects to take possession of
 2    and  live  in  the  premises as his or her bona fide sole and
 3    exclusive residence, and he or she has a current intention to
 4    live in such premises as  his  or  her  bona  fide  sole  and
 5    exclusive  residence  for  a period of not less than 6 months
 6    after the completion of the plumbing work performed  pursuant
 7    to  the  authorization of this subsection, or, in the case of
 8    an owner of a single family residence under construction  for
 9    his  or her occupancy, for a period of not less than 6 months
10    after  the  completion  of  construction  of  the  residence.
11    Failure to possess and live in the premises  as  a  sole  and
12    exclusive  residence  for  a period of 6 months or more shall
13    create a rebuttable presumption of a lack of such intention.
14        (3)  The employees of a firm, association, partnership or
15    corporation who engage in plumbing shall be licensed plumbers
16    or licensed apprentice plumbers. At least one member of every
17    firm, association or partnership engaged  in  plumbing  work,
18    and  at  least  one  corporate  officer  of every corporation
19    engaged in plumbing work, as the case  may  be,  shall  be  a
20    licensed  plumber.  A  retired  plumber  cannot  fulfill  the
21    requirements  of  this  subsection (3).  Plumbing contractors
22    are also required to be registered pursuant to the provisions
23    of this Act.
24        Notwithstanding the provisions of this subsection (3), it
25    shall be lawful for an irrigation contractor registered under
26    Section 2.5 of this Act to employ or  contract  with  one  or
27    more  licensed  plumbers  in  connection  with  work  on lawn
28    sprinkler systems pursuant to Section 2.5 of this Act.
29        (4) (a)  A licensed apprentice plumber shall plan, design
30        and install plumbing only under the  supervision  of  the
31        sponsor  or  his  or  her  agent  who is also an Illinois
32        licensed plumber.
33             (b)  An applicant for  licensing  as  an  apprentice
34        plumber  shall  be  at least 16 years of age and apply on
 
HB2148 Enrolled             -9-                LRB9204189LBmg
 1        the application form provided  by  the  Department.  Such
 2        application  shall verify that the applicant is sponsored
 3        by  an  Illinois  licensed   plumber   or   an   approved
 4        apprenticeship  program  and  shall  contain the name and
 5        license  number  of  the  licensed  plumber  or   program
 6        sponsor.
 7             (c)  No  licensed  plumber shall sponsor more than 2
 8        licensed apprentice plumbers  at  the  same  time.  If  2
 9        licensed  apprentice  plumbers are sponsored by a plumber
10        at the same time, one of the apprentices must have, at  a
11        minimum,  2 years experience as a licensed apprentice. No
12        licensed  plumber  sponsor  or  his  or  her  agent   may
13        supervise  2  licensed apprentices with less than 2 years
14        experience at the same time. The sponsor or  agent  shall
15        supervise  and  be responsible for the plumbing performed
16        by a licensed apprentice.
17             (d)  No agent shall supervise more than  2  licensed
18        apprentices at the same time.
19             (e)  No  licensed  plumber  may,  in  any  capacity,
20        supervise more than 2 licensed apprentice plumbers at the
21        same time.
22             (f)  No  approved apprenticeship program may sponsor
23        more licensed apprentices than  2  times  the  number  of
24        licensed  plumbers  available to supervise those licensed
25        apprentices.
26             (g)  No approved apprenticeship program may  sponsor
27        more   licensed   apprentices  with  less  than  2  years
28        experience than it has  licensed  plumbers  available  to
29        supervise those licensed apprentices.
30             (h)  No  individual  shall  work  as  an  apprentice
31        plumber  unless he or she is properly licensed under this
32        Act.  The Department shall issue an apprentice  plumber's
33        license to each approved applicant.
34             (i)  No licensed apprentice plumber shall serve more
 
HB2148 Enrolled             -10-               LRB9204189LBmg
 1        than  a  6 year licensed apprenticeship period.  If, upon
 2        completion of a 6 year  licensed  apprenticeship  period,
 3        such  licensed  apprentice plumber does not apply for the
 4        examination for a plumber's license and successfully pass
 5        the examination for  a  plumber's  license,  his  or  her
 6        apprentice plumber's license shall not be renewed.
 7        Nothing  contained  in  P.A.  83-878, entitled "An Act in
 8    relation to professions", approved September  26,  1983,  was
 9    intended  by  the General Assembly nor should it be construed
10    to require the employees of a governmental unit or  privately
11    owned  municipal  water  supplier  who  operate,  maintain or
12    repair a water or sewer plant  facility  which  is  owned  or
13    operated   by  such  governmental  unit  or  privately  owned
14    municipal water supplier to be licensed plumbers  under  this
15    Act.   In  addition,  nothing  contained  in  P.A. 83-878 was
16    intended by the General Assembly nor should it  be  construed
17    to permit persons other than licensed plumbers to perform the
18    installation,  repair, maintenance or replacement of plumbing
19    fixtures, such as toilet facilities,  floor  drains,  showers
20    and  lavatories,  and the piping attendant to those fixtures,
21    within  such  facility  or  in  the  construction  of  a  new
22    facility.
23        Nothing contained in P.A. 83-878,  entitled  "An  Act  in
24    relation  to  professions",  approved September 26, 1983, was
25    intended by the General Assembly nor should it  be  construed
26    to  require the employees of a governmental unit or privately
27    owned  municipal  water  supplier  who  install,  repair   or
28    maintain  water service lines from water mains in the street,
29    alley or curb line to private property lines and who install,
30    repair or maintain water meters to be licensed plumbers under
31    this Act if such work was customarily performed prior to  the
32    effective  date of such Act by employees of such governmental
33    unit or privately owned municipal water supplier who were not
34    licensed plumbers.   Any  such  work  which  was  customarily
 
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 1    performed  prior to the effective date of such Act by persons
 2    who were licensed plumbers or subcontracted  to  persons  who
 3    were  licensed  plumbers  must  continue  to  be performed by
 4    persons who are licensed plumbers or subcontracted to persons
 5    who are licensed plumbers.  When necessary  under  this  Act,
 6    the  Department  shall  make the determination whether or not
 7    persons who are licensed plumbers customarily performed  such
 8    work.
 9    (Source: P.A. 91-91, eff. 1-1-00; 91-678, eff. 1-26-00.)

10        (225 ILCS 320/8) (from Ch. 111, par. 1107)
11        Sec. 8.  The Director shall:
12        (1)  Prepare  forms for application for examination for a
13    plumber's license.
14        (2)  Prepare and issue licenses as provided in this Act.
15        (3)  With the  aid  of  the  Board  prescribe  rules  and
16    regulations  for  examination  of  applicants  for  plumber's
17    licenses.
18        (4)  With  the  aid of the Board prepare and give uniform
19    and comprehensive examinations to applicants for a  plumber's
20    license  which  shall test their knowledge and qualifications
21    in  the  planning  and  design  of  plumbing  systems,  their
22    knowledge, qualifications, and manual skills in plumbing, and
23    their knowledge of the  State's  minimum  code  of  standards
24    relating  to  fixtures,  materials,  design  and installation
25    methods of plumbing systems,  promulgated  pursuant  to  this
26    Act.
27        (5)  Issue  a  plumber's  license  and license renewal to
28    every applicant who has passed the examination  and  who  has
29    paid the required license and renewal fee.
30        (6)  Prescribe  rules  for  hearings  to  deny,  suspend,
31    revoke or reinstate licenses as provided in this Act.
32        (7)  Maintain  a current record showing (a) the names and
33    addresses  of  registered  plumbing   contractors,   licensed
 
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 1    plumbers,  licensed apprentice plumbers, and licensed retired
 2    plumbers, (b) the dates of issuance of licenses, (c) the date
 3    and substance of the charges set forth  in  any  hearing  for
 4    denial, suspension or revocation of any license, (d) the date
 5    and  substance  of  the  final  order  issued  upon each such
 6    hearing, and (e) the date and substance of all petitions  for
 7    reinstatement of license and final orders on such petitions.
 8        (8)  Prescribe,  in  consultation with the Board, uniform
 9    and reasonable rules defining what  constitutes  an  approved
10    course of instruction in plumbing, in colleges, universities,
11    or  trade  schools,  and approve or disapprove the courses of
12    instruction offered by such colleges, universities, or  trade
13    schools  by  reference  to  their compliance or noncompliance
14    with such rules. Such rules shall be designed to assure  that
15    an  approved  course of instruction will adequately teach the
16    design,  planning,  installation,   replacement,   extension,
17    alteration and repair of plumbing.
18    (Source: P.A. 89-665, eff. 8-14-96.)

19        (225 ILCS 320/13.1 new)
20        Sec.    13.1.     Plumbing   contractors;   registration;
21    applications.
22             (1)  On and  after  May  1,  2002,  all  persons  or
23        corporations  desiring  to  engage  in  the  business  of
24        plumbing contractor, other than any entity that maintains
25        an  audited net worth of shareholders' equity equal to or
26        exceeding $100,000,000, shall register in accordance with
27        the provisions of this Act.
28             (2)  Application for  registration  shall  be  filed
29        with  the Department each year, on or before the last day
30        of April, in writing and on forms prepared and  furnished
31        by the Department.  All plumbing contractor registrations
32        expire on the last day of April of each year.
33             (3)  Applications  shall  contain the name, address,
 
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 1        and telephone number  of  the  person  and  the  plumbing
 2        license of  (i) the individual, if a sole proprietorship;
 3        (ii)  the partner, if a partnership; or (iii) an officer,
 4        if a corporation.   The  application  shall  contain  the
 5        business  name,  address, and telephone number, a current
 6        copy of the plumbing license, and any  other  information
 7        the Department may require by rule.
 8             (4)  Applicants shall submit an original certificate
 9        of  insurance  documenting  that  the  contractor carries
10        general liability insurance with a  minimum  of  $100,000
11        per occurrence, bodily injury insurance with a minimum of
12        $300,000 per occurrence, property damage insurance with a
13        minimum  of  $50,000,  and workers compensation insurance
14        with a minimum $500,000.  No registration may  be  issued
15        in the absence of this certificate.  Certificates must be
16        in force at all times for registration to remain valid.
17             (5)  Applicants  shall submit, on a form provided by
18        the Department, an indemnification bond in the amount  of
19        $20,000 or a letter of credit in the same amount for work
20        performed  in  accordance  with  this  Act  and the rules
21        promulgated under this Act.
22             (6)  All  employees   of   a   registered   plumbing
23        contractor  who engage in plumbing work shall be licensed
24        plumbers or apprentice plumbers in accordance  with  this
25        Act.
26             (7)  Plumbing  contractors  shall  submit  an annual
27        registration fee in an amount to be established by rule.
28             (8)  The Department shall be notified in advance  of
29        any  changes in the business structure, name, or location
30        or of the addition or deletion of the  owner  or  officer
31        who  is  the  licensed plumber listed on the application.
32        Failure to notify the Department of this  information  is
33        grounds  for  suspension  or  revocation  of the plumbing
34        contractor's registration.
 
HB2148 Enrolled             -14-               LRB9204189LBmg
 1             (9)  In the event that the plumber's license on  the
 2        application  for registration of a plumbing contractor is
 3        a license issued by the City of Chicago, it shall be  the
 4        responsibility  of the applicant to forward a copy of the
 5        plumber's license to the Department, noting the  name  of
 6        the registered plumbing contractor, when it is renewed.

 7        (225 ILCS 320/20) (from Ch. 111, par. 1119)
 8        Sec.  20.  Grounds  for  discipline. (1) The Director may
 9    deny, revoke  or  suspend  a  license  or  registration  when
10    findings show one or more of the following:
11             (a)  That  the  licensee  or  registrant obtained or
12        conspired with others to obtain a license or registration
13        by inducing the issuance thereof in consideration of  the
14        payment  of money or delivery of any other thing of value
15        or by and through misrepresentation of facts.
16             (b)  That  the  licensee  or  registrant   willfully
17        violated any law of this State or any rule, regulation or
18        code promulgated thereunder regulating plumbing, licensed
19        or  registered  plumbing  contractors, licensed plumbers,
20        licensed apprentice plumbers, licensed retired  plumbers,
21        water well pump installations and private sewage disposal
22        systems.
23             (c)  That  the  licensee  or  registrant   has  been
24        guilty  of  negligence or incompetence in the performance
25        of plumbing.
26             (d)  That the licensee or registrant has  loaned  or
27        in  any  manner transferred his or her license to another
28        person.
29             (e)  That the sponsor or his or her agent has failed
30        to properly supervise a licensed apprentice plumber.
31             (f)  That the  owner  or  officer  of  a  registered
32        plumbing  contractor  failed to maintain a valid plumbing
33        license.
 
HB2148 Enrolled             -15-               LRB9204189LBmg
 1             (g)  That the registered plumbing contractor used  a
 2        plumbing license without the permission of the licensee.
 3        (2)  If  a  license  is suspended or revoked, the license
 4    shall be surrendered to the Department but, if suspended,  it
 5    shall be returned to the licensee upon the termination of the
 6    suspension period.
 7        The  Department  may  refuse  to issue or may suspend the
 8    license of any person who fails to file a return, or  to  pay
 9    the  tax,  penalty or interest shown in a filed return, or to
10    pay any final assessment of  tax,  penalty  or  interest,  as
11    required   by  any  tax  Act  administered  by  the  Illinois
12    Department of Revenue, until such time as the requirements of
13    any such tax Act are satisfied.
14    (Source: P.A. 87-885.)

15        (225 ILCS 320/29.5)
16        Sec.   29.5.  Unlicensed   and   unregistered   practice;
17    violation; civil penalty.
18        (a)  A person who practices, offers to practice, attempts
19    to practice, or holds himself or herself out to practice as a
20    plumber or plumbing  contractor  without  being  licensed  or
21    registered  under  this  Act,  or as an irrigation contractor
22    without being registered under this Act, shall,  in  addition
23    to  any other penalty provided by law, pay a civil penalty to
24    the Department in an amount not to  exceed  $5,000  for  each
25    offense  as  determined  by the Department. The civil penalty
26    shall be assessed by the Department after a hearing  is  held
27    in  accordance  with  the  provisions  set  forth in this Act
28    regarding the provision of a hearing for the discipline of  a
29    licensee or registrant.
30        (b)  The  Department  has  the  authority  and  power  to
31    investigate  any  person  who  practices, offers to practice,
32    attempts to practice, or holds  himself  or  herself  out  to
33    practice  as  a  plumber or plumbing contractor without being
 
HB2148 Enrolled             -16-               LRB9204189LBmg
 1    licensed or registered under this Act, or  as  an  irrigation
 2    contractor without being registered under this Act.
 3        (c)  The civil penalty shall be paid within 60 days after
 4    the  effective  date of the order imposing the civil penalty.
 5    The order shall constitute a judgment and may  be  filed  and
 6    execution  had  on  the  judgment  in  the  same  manner as a
 7    judgment from a court of  record.  All  fines  and  penalties
 8    collected by the Department under this Section of the Act and
 9    accrued   interest  shall  be  deposited  into  the  Plumbing
10    Licensure and Program Fund  for  use  by  the  Department  in
11    performing  activities  relating  to  the  administration and
12    enforcement of this Act.
13    (Source: P.A. 90-714, eff. 8-7-98; 91-678, eff. 1-26-00.)

14        Section 99.  Effective date.  This Act takes effect  upon
15    becoming law.

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