Public Act 099-0504
 
HB5913 EnrolledLRB099 20382 SMS 44866 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 3, 8, and 10 as follows:
 
    (225 ILCS 320/3)  (from Ch. 111, par. 1103)
    Sec. 3. (1) All planning and designing of plumbing systems
and all plumbing shall be performed only by plumbers licensed
under the provisions of this Act hereinafter called "licensed
plumbers" and "licensed apprentice plumbers". The inspection
of plumbing and plumbing systems shall be done only by the
sponsor or his or her agent who shall be an Illinois licensed
plumber. Nothing herein contained shall prohibit licensed
plumbers or licensed apprentice plumbers under supervision
from planning, designing, inspecting, installing, repairing,
maintaining, altering or extending building sewers in
accordance with this Act. No person who holds a license or
certificate of registration under the Illinois Architecture
Practice Act of 1989, or the Structural Engineering Practice
Act of 1989, or the Professional Engineering Practice Act of
1989 shall be prevented from planning and designing plumbing
systems. Each licensed plumber shall, as a condition of each
annual license renewal after the first license, provide proof
of completion of 4 hours of continuing education. Sponsors of
continuing education shall meet the criteria provided by the
Board of Plumbing Examiners and Plumbing Code advisory council.
Continuing education courses shall provide instruction in
plumbing, which is supervised directly by an Illinois licensed
plumber only.
    (2) Nothing herein contained shall prohibit the owner
occupant or lessee occupant of a single family residence, or
the owner of a single family residence under construction for
his or her occupancy, from planning, installing, altering or
repairing the plumbing system of such residence, provided that
(i) such plumbing shall comply with the minimum standards for
plumbing contained in the Illinois State Plumbing Code, and
shall be subject to inspection by the Department or the local
governmental unit if it retains a licensed plumber as an
inspector; and (ii) such owner, owner occupant or lessee
occupant shall not employ other than a plumber licensed
pursuant to this Act to assist him or her.
    For purposes of this subsection, a person shall be
considered an "occupant" if and only if he or she has taken
possession of and is living in the premises as his or her bona
fide sole and exclusive residence, or, in the case of an owner
of a single family residence under construction for his or her
occupancy, he or she expects to take possession of and live in
the premises as his or her bona fide sole and exclusive
residence, and he or she has a current intention to live in
such premises as his or her bona fide sole and exclusive
residence for a period of not less than 6 months after the
completion of the plumbing work performed pursuant to the
authorization of this subsection, or, in the case of an owner
of a single family residence under construction for his or her
occupancy, for a period of not less than 6 months after the
completion of construction of the residence. Failure to possess
and live in the premises as a sole and exclusive residence for
a period of 6 months or more shall create a rebuttable
presumption of a lack of such intention.
    (3) The employees of a firm, association, partnership or
corporation who engage in plumbing shall be licensed plumbers
or licensed apprentice plumbers. At least one member of every
firm, association or partnership engaged in plumbing work, and
at least one corporate officer of every corporation engaged in
plumbing work, as the case may be, shall be a licensed plumber.
A retired plumber cannot fulfill the requirements of this
subsection (3). Plumbing contractors are also required to be
registered pursuant to the provisions of this Act.
    Notwithstanding the provisions of this subsection (3), it
shall be lawful for an irrigation contractor registered under
Section 2.5 of this Act to employ or contract with one or more
licensed plumbers in connection with work on lawn sprinkler
systems pursuant to Section 2.5 of this Act.
    (4) (a) A licensed apprentice plumber shall plan, design
    and install plumbing only under the supervision of the
    sponsor or his or her agent who is also an Illinois
    licensed plumber.
        (b) An applicant for licensing as an apprentice plumber
    shall be at least 16 years of age and apply on the
    application form provided by the Department. Such
    application shall verify that the applicant is sponsored by
    an Illinois licensed plumber or an approved apprenticeship
    program and shall contain the name and license number of
    the licensed plumber or program sponsor.
        (c) No licensed plumber shall sponsor more than 2
    licensed apprentice plumbers at the same time. If 2
    licensed apprentice plumbers are sponsored by a plumber at
    the same time, one of the apprentices must have, at a
    minimum, 2 years experience as a licensed apprentice. No
    licensed plumber sponsor or his or her agent may supervise
    2 licensed apprentices with less than 2 years experience at
    the same time. The sponsor or agent shall supervise and be
    responsible for the plumbing performed by a licensed
    apprentice.
        (d) No agent shall supervise more than 2 licensed
    apprentices at the same time.
        (e) No licensed plumber may, in any capacity, supervise
    more than 2 licensed apprentice plumbers at the same time.
        (f) No approved apprenticeship program may sponsor
    more licensed apprentices than 2 times the number of
    licensed plumbers available to supervise those licensed
    apprentices.
        (g) No approved apprenticeship program may sponsor
    more licensed apprentices with less than 2 years experience
    than it has licensed plumbers available to supervise those
    licensed apprentices.
        (h) No individual shall work as an apprentice plumber
    unless he or she is properly licensed under this Act. The
    Department shall issue an apprentice plumber's license to
    each approved applicant.
        (i) No licensed apprentice plumber shall serve more
    than a 6 year licensed apprenticeship period. If, upon
    completion of a 6 year licensed apprenticeship period, such
    licensed apprentice plumber does not apply for the
    examination for a plumber's license and successfully pass
    the examination for a plumber's license, his or her
    apprentice plumber's license shall not be renewed.
    Nothing contained in P.A. 83-878, entitled "An Act in
relation to professions", approved September 26, 1983, was
intended by the General Assembly nor should it be construed to
require the employees of a governmental unit or privately owned
municipal water supplier who operate, maintain or repair a
water or sewer plant facility which is owned or operated by
such governmental unit or privately owned municipal water
supplier to be licensed plumbers under this Act. In addition,
nothing contained in P.A. 83-878 was intended by the General
Assembly nor should it be construed to permit persons other
than licensed plumbers to perform the installation, repair,
maintenance or replacement of plumbing fixtures, such as toilet
facilities, floor drains, showers and lavatories, and the
piping attendant to those fixtures, within such facility or in
the construction of a new facility.
    Nothing contained in P.A. 83-878, entitled "An Act in
relation to professions", approved September 26, 1983, was
intended by the General Assembly nor should it be construed to
require the employees of a governmental unit or privately owned
municipal water supplier who install, repair or maintain water
service lines from water mains in the street, alley or curb
line to private property lines and who install, repair or
maintain water meters to be licensed plumbers under this Act if
such work was customarily performed prior to the effective date
of such Act by employees of such governmental unit or privately
owned municipal water supplier who were not licensed plumbers.
Any such work which was customarily performed prior to the
effective date of such Act by persons who were licensed
plumbers or subcontracted to persons who were licensed plumbers
must continue to be performed by persons who are licensed
plumbers or subcontracted to persons who are licensed plumbers.
When necessary under this Act, the Department shall make the
determination whether or not persons who are licensed plumbers
customarily performed such work.
(Source: P.A. 91-91, eff. 1-1-00; 91-678, eff. 1-26-00; 92-338,
eff. 8-10-01.)
 
    (225 ILCS 320/8)  (from Ch. 111, par. 1107)
    Sec. 8. The Director shall:
    (1) Prepare forms for application for examination for a
plumber's license.
    (2) Prepare and issue licenses as provided in this Act.
    (3) With the aid of the Board prescribe rules and
regulations for examination of applicants for plumber's
licenses.
    (4) With the aid of the Board prepare and give uniform and
comprehensive examinations to applicants for a plumber's
license which shall test their knowledge and qualifications in
the planning and design of plumbing systems, their knowledge,
qualifications, and manual skills in plumbing, and their
knowledge of the State's minimum code of standards relating to
fixtures, materials, design and installation methods of
plumbing systems, promulgated pursuant to this Act.
    (5) Issue a plumber's license and license renewal to every
applicant who has passed the examination and who has paid the
required license and renewal fee.
    (6) Prescribe rules for hearings to deny, suspend, revoke
or reinstate licenses as provided in this Act.
    (7) Maintain a current record showing (a) the names and
addresses of registered plumbing contractors, licensed
plumbers, licensed apprentice plumbers, and licensed retired
plumbers, (b) the dates of issuance of licenses, (c) the date
and substance of the charges set forth in any hearing for
denial, suspension or revocation of any license, (d) the date
and substance of the final order issued upon each such hearing,
and (e) the date and substance of all petitions for
reinstatement of license and final orders on such petitions.
    (8) Prescribe, in consultation with the Board, uniform and
reasonable rules defining what constitutes an approved course
of instruction in plumbing, in colleges, universities, or trade
schools, and approve or disapprove the courses of instruction
offered by such colleges, universities, or trade schools by
reference to their compliance or noncompliance with such rules.
Such rules shall be designed to assure that an approved course
of instruction will adequately teach the design, planning,
installation, replacement, extension, alteration and repair of
plumbing.
    Each instructor participating in a program of instruction
in plumbing shall be:
    (a) an Illinois licensed plumber;
    (b) an individual who possesses a provisional career and
technical educator endorsement on an educator license, issued
by the State Board of Education pursuant to Section 21B-20 of
the School Code in a field related to plumbing, such as
hydraulics, pneumatics, or water chemistry; or
    (c) a representative of an industry or a manufacturing
business related to plumbing, including, but not limited to,
the copper industry, plastic pipe industry, or cast iron
industry. Courses that are taught by industry representatives
shall be educational and shall not be sales oriented. Industry
representatives shall be assisted by an Illinois licensed
plumber during the presentation of a course of instruction.
    The instructor shall provide verification of the license or
certificate. A copy of the instructor's educator license will
establish verification.
(Source: P.A. 92-338, eff. 8-10-01.)
 
    (225 ILCS 320/10)  (from Ch. 111, par. 1109)
    Sec. 10. (1) An applicant for a plumber's license shall
file a written application in the office of the Department on
the form designated by the Department at least 30 days before
the date set by the Department for the examination.
    (2) The Director shall promptly approve the application for
examination if:
        (a) the required application fee has been paid, and
        (b) the applicant has submitted evidence that he or she
    is a citizen of the United States or has declared his or
    her intention to become a citizen, and
        (c) the applicant has submitted evidence that he or she
    has completed at least a 2 year course of study in a high
    school, or an equivalent course of study, and
        (d) the applicant has been employed as an Illinois
    licensed apprentice plumber under supervision in
    accordance with this Act for at least 4 years preceding the
    date of application and has submitted evidence that he or
    she has worked at the plumbing trade in accordance with
    this Act for the 4 year Illinois licensed apprentice
    plumber apprenticeship period, or
        (e) the applicant has submitted evidence that he or she
    has successfully completed an approved course of
    instruction in plumbing supervised directly by an Illinois
    licensed plumber in colleges, universities, or trade
    schools.
    (3) If the application for examination is approved, the
Department shall promptly notify the applicant in writing of
such approval and of the place and time of the examination. If
the application is disapproved, the Department shall promptly
notify the applicant in writing of such disapproval, stating
the reasons for disapproval.
    (4) If an applicant neglects, fails or refuses to take an
examination for license under this Act, the application is
denied. However, such applicant may submit a new application
for examination, accompanied by the required application fee.
Application fees for examination for a plumber's license are
not refundable.
(Source: P.A. 87-885.)