Public Act 102-1137
 
HB4245 EnrolledLRB102 21906 SPS 31027 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Plumbing License Law is amended by
changing Sections 2.5 and 29.5 as follows:
 
    (225 ILCS 320/2.5)
    (Section scheduled to be repealed on January 1, 2024)
    Sec. 2.5. Irrigation contractors; lawn sprinkler systems.
    (a) Every irrigation contractor doing business in this
State shall annually register with the Department. Every
irrigation contractor shall provide to the Department his or
her business name and address, telephone number, name of
principal, FEIN number, and an original certificate of
insurance documenting that the irrigation contractor carries
general liability insurance with a minimum of $100,000 per
occurrence, bodily injury insurance with a minimum of $300,000
per occurrence, property damage insurance with a minimum of
$50,000, and worker's compensation insurance with a minimum of
$500,000. No registration may be issued in the absence of the
certificate of insurance. The certificate must be in force at
all times for registration to remain valid.
    On a form provided by the Department, every irrigation
contractor must provide to the Department an indemnification
bond in the amount of $20,000 or an irrevocable letter of
credit from a financial institution guaranteeing that funds
shall be available only to the Department and shall be
released upon written notification by the Department in the
same amount for any work on lawn sprinkler systems performed
by the registered irrigation contractor. The letter of credit
shall be printed on the letterhead of the issuing financial
institution, be signed by an officer of the same financial
institution, name the Department as the sole beneficiary, and
expire on February 28 of each year.
    Every irrigation contractor doing business in this State
shall also register with the Department each and every
employee who installs or supervises the installation of lawn
sprinkler systems. The registration shall include the
employee's name, home address, and telephone number. The
Department may provide by rule for the administration of
registrations under this subsection. The annual registration
fee shall be set by the Department pursuant to Section 30 of
this Act. Each registered irrigation contractor must provide
proof that he or she employs at least one irrigation employee
who has completed and passed an approved class in the design
and installation of lawn sprinkler systems.
    (b) A licensed plumber or licensed apprentice plumber may
install a lawn sprinkler system connected to any water source
without registration under this Section.
    (c) A licensed plumber shall inspect every sprinkler
system installed by an irrigation contractor to ensure the
provisions of this Section have been met and that the system
works mechanically. The inspecting A licensed plumber shall
make the physical connection between a lawn sprinkler system
and the backflow prevention device. The inspecting licensed
plumber shall inspect every aspect of the sprinkler system,
including all piping, fittings, and heads, to ensure the
provisions of this Section have been met.
    Upon the installation of every lawn sprinkler system in
this State from the effective date of this amendatory Act of
the 91st General Assembly forward, a licensed plumber shall
affix to the backflow prevention device a tag certifying that
the installation of that system has been completed in
compliance with the minimum code of plumbing standards
promulgated under this Act. The Department shall provide by
rule for the registration of every lawn sprinkler system
installed after the effective date of this amendatory Act of
the 91st General Assembly, including the means by which the
Department shall be able to identify by registration number
the identity of the responsible irrigation contractor and by
license number the identity of the responsible licensed
plumber. No lawn sprinkler system installed after the
effective date of this amendatory Act of the 91st General
Assembly may be operated without the certification tag
required under this Section.
    The registered irrigation contractor and the licensed
plumber whose identifying information is contained on the
certification tag shall both be subject to the penalty
provisions of this Act for violations for improper
installation of a lawn sprinkler system installed after the
effective date of this amendatory Act of the 91st General
Assembly.
    (d) An irrigation contractor who has registered with the
Department 7 or fewer persons who are authorized to install or
supervise the installation of lawn sprinkler systems shall
either employ or contract with at least one licensed plumber
who shall install or be responsible for the installation of
every lawn sprinkler system installed after the effective date
of this amendatory Act of the 91st General Assembly. The
licensed plumber shall inspect the risers and sprinkler heads
before backfilling.
    An irrigation contractor who has registered with the
Department 8 to 12 persons who are authorized to install or
supervise the installation of lawn sprinkler systems shall
either employ or contract with at least 2 licensed plumbers
who shall install or be responsible for the installation of
every lawn sprinkler system installed after the effective date
of this amendatory Act of the 91st General Assembly. A
licensed plumber shall inspect the risers and sprinkler heads
before backfilling.
    An irrigation contractor who has registered with the
Department 13 to 20 persons who are authorized to install or
supervise the installation of lawn sprinkler systems shall
either employ or contract with at least 3 licensed plumbers
who shall install or be responsible for the installation of
every lawn sprinkler system installed after the effective date
of this amendatory Act of the 91st General Assembly. A
licensed plumber shall inspect the risers and sprinkler heads
before backfilling.
    An irrigation contractor who has registered with the
Department 21 to 28 persons who are authorized to install or
supervise the installation of lawn sprinkler systems shall
either employ or contract with at least 4 licensed plumbers
who shall install or be responsible for the installation of
every lawn sprinkler system installed after the effective date
of this amendatory Act of the 91st General Assembly. A
licensed plumber shall inspect the risers and sprinkler heads
before backfilling.
    An irrigation contractor who has registered with the
Department 29 to 35 persons who are authorized to install or
supervise the installation of lawn sprinkler systems shall
either employ or contract with at least 5 licensed plumbers
who shall install or be responsible for the installation of
every lawn sprinkler system installed after the effective date
of this amendatory Act of the 91st General Assembly. A
licensed plumber shall inspect the risers and sprinkler heads
before backfilling.
    An irrigation contractor who has registered with the
Department 36 or more persons who are authorized to install or
supervise the installation of lawn sprinkler systems shall
either employ or contract with at least 6 licensed plumbers
who shall install or be responsible for the installation of
every lawn sprinkler system installed after the effective date
of this amendatory Act of the 91st General Assembly. A
licensed plumber shall inspect the risers and sprinkler heads
before backfilling.
    The Department may provide by rule for the temporary
waiver process for registered irrigation contractors who are
unable to comply with the requirements of this subsection.
When a temporary waiver is granted, it shall not be for a
duration of more than 3 consecutive months. Upon the
expiration of a temporary waiver issued by the Department, the
registered irrigation contractor shall demonstrate that
justifiable reasons exist why he or she is still unable to
comply with the requirements of this subsection, despite good
faith efforts to comply with the requirements. In no case
shall a temporary waiver be granted for an irrigation
contractor for more than a total of 6 months in a 2-year
two-year period. In no case shall an irrigation contractor be
relieved of the requirement that a licensed plumber shall
inspect every sprinkler system installed by an irrigation
contractor to ensure the provisions of this Section have been
met and that the system works mechanically and make the
physical connection between a sprinkler system and the
backflow prevention device.
    (e) No person shall attach to a lawn sprinkler system any
fixture intended to supply water for human consumption.
    No person shall attach to a lawn sprinkler system any
fixture other than the backflow prevention device, sprinkler
heads, valves, and other parts integral to the operation of
the system, unless the fixture is clearly marked as being for
non-potable uses only.
    (f) A college, university, trade school, vocational
school, or association that has established a program
providing a course of instruction in lawn sprinkler design and
installation may submit a letter to the Department requesting
approval of its program or course of instruction.
    The request for approval shall include information on the
curriculum offered by the program and the qualifications of
the organization. The course shall consist of a minimum of 2
days of classroom education and an exam and shall include a
provision for continuing education.
    The Department shall evaluate the curriculum and
organization before making a determination to approve or deny
a request for approval.
    In addition to providing to the Department the names of
licensed plumbers who are employed by or contract with an
irrigation contractor, an irrigation contractor must also
provide to the Department the names of employees who have
successfully completed an approved course on the installation
of lawn sprinkler systems and proof that the course was
successfully completed and that continuing education is also
being completed.
    (g) All automatically operated lawn sprinkler systems
shall have furnished and installed technology that inhibits or
interrupts operation of the landscape irrigation system during
periods of sufficient moisture or rainfall. The technology
must be adjustable either by the end user or the irrigation
contractor.
    This subsection (g) does not apply to systems operating on
golf courses or agricultural lands.
    The requirements of this subsection (g) apply to all
landscape irrigation systems installed after January 1, 2009.
(Source: P.A. 94-101, eff. 1-1-08; 95-421, eff. 1-1-09.)
 
    (225 ILCS 320/29.5)
    Sec. 29.5. Unlicensed and unregistered practice;
violation; civil penalties.
    (a) A person who practices, offers to practice, attempts
to practice, or holds himself or herself out to practice as a
plumber or plumbing contractor without being licensed or
registered under this Act, shall, in addition to any other
penalty provided by law, pay a civil penalty to the Department
in an amount not to exceed $5,000 for each offense as
determined by the Department. The civil penalty shall be
assessed by the Department after a hearing is held in
accordance with the provisions set forth in this Act regarding
the provision of a hearing for the discipline of a licensee or
registrant.
    (b) The Department has the authority and power to
investigate any person who practices, offers to practice,
attempts to practice, or holds himself or herself out to
practice as a plumber or plumbing contractor without being
licensed or registered under this Act, or as an irrigation
contractor without being registered under this Act.
    (c) The civil penalty shall be paid within 60 days after
the effective date of the order imposing the civil penalty.
The order shall constitute a judgment and may be filed and
execution had on the judgment in the same manner as a judgment
from a court of record. All fines and penalties collected by
the Department under this Section of the Act and accrued
interest shall be deposited into the Plumbing Licensure and
Program Fund for use by the Department in performing
activities relating to the administration and enforcement of
this Act.
    (d) A person who practices, offers to practice, or holds
himself or herself out to practice as an irrigation contractor
without being registered under this Act shall be subject to
the following:
        (1) For a first offense:
            (A) Where no violations of the Illinois Plumbing
        Code are found, the person shall pay a civil penalty of
        $1,000 and may be referred to the State's Attorney or
        the Attorney General for prosecution under Section 29
        of this Act.
            (B) Where violations of the Illinois Plumbing Code
        are found, the person shall pay a civil penalty of
        $3,000 (the amount of $3,000 may be reduced to $1,000
        upon the condition that the unregistered person pays
        for a licensed plumber who is acceptable to the other
        party to the original contract or agreement to correct
        the violations of the Illinois Plumbing Code) and may
        be referred to the State's Attorney or the Attorney
        General for prosecution under Section 29 of this Act.
        (2) For a second offense:
            (A) Where no violations of the Illinois Plumbing
        Code are found, the person shall pay a civil penalty of
        $3,000 and may be referred to the State's Attorney or
        the Attorney General for prosecution under Section 29
        of this Act.
            (B) Where violations of the Illinois Plumbing Code
        are found, the person shall pay a civil penalty of
        $5,000 (the amount of $5,000 may be reduced to $3,000
        upon the condition that the unregistered person pays
        for a licensed plumber who is acceptable to the other
        party to the original contract or agreement to correct
        the violations of the Illinois Plumbing Code) and may
        be referred to the State's Attorney or the Attorney
        General for prosecution under Section 29 of this Act.
        (3) For a third or subsequent offense, the person
    shall pay a civil penalty of $5,000 and be referred to the
    State's Attorney or the Attorney General for prosecution
    under Section 29 of this Act.
    (e) A registered irrigation contractor, firm, corporation,
partnership, or association that directs, authorizes, or
allows a person to practice, offer to practice, attempt to
practice, or hold himself or herself out to practice as an
irrigation employee without being registered under the
provisions of this Act, shall be subject to the following:
        (1) For a first offense, the registrant:
            (A) shall pay a civil penalty of $10,000 $5,000;
            (B) shall be required to pay for a licensed
        plumber who is acceptable to the other party to the
        original contract or agreement to correct any
        violations of the Illinois Plumbing Code;
            (C) shall have his, her, or its plumbing license
        suspended; and
            (D) may be referred to the State's Attorney or the
        Attorney General for prosecution under Section 29 of
        this Act.
        (2) For a second offense, the registrant:
            (A) shall pay a civil penalty of $10,000 $5,000;
            (B) shall be required to pay for a licensed
        plumber who is acceptable to the other party to the
        original contract or agreement to correct any
        violations of the Illinois Plumbing Code;
            (C) shall have his, her, or its registration
        revoked; and
            (D) shall be referred to the State's Attorney or
        the Attorney General for prosecution under Section 29
        of this Act.
    (f) If the inspecting licensed plumber does not inspect
every sprinkler system installed by an irrigation contractor
to ensure the provisions of this Act have been met and that the
system works mechanically or signs off on the installation
without making the physical connection between a lawn
sprinkler system and the backflow prevention device, the
licensed plumber:
        (1) shall pay a civil penalty of $10,000;
        (2) shall be required to pay for a licensed plumber
    who is acceptable to the other party to the original
    contract or agreement to correct any violations of the
    Act;
        (3) shall have his, her, or its plumbing license
    suspended; and
        (4) may be referred to the State's Attorney or the
    Attorney General for prosecution under Section 29 of this
    Act.
(Source: P.A. 94-101, eff. 1-1-08.)