Section 915.5   Definitions

 

"Act" means the Water Well and Pump Installation Contractor's License Act [225 ILCS 345].

 

"Board" means the Water Well and Pump Installation Contractors Licensing Board created by Section 6 of the Act. (Section 2(10) of the Act)

 

"Department" means the Department of Public Health. (Section 2(8) of the Act)

 

"Drill" and "Drilling" mean all acts necessary to the construction of a water well, including the sealing of unused water well holes. (Section 2(3) of the Act)

 

"Person" includes any natural person, partnership, association, trust and public or private corporation. (Section 2(11) of the Act)

 

"Water well" and "well" mean any excavation that is drilled, cored, bored, washed, driven, dug, jetted or otherwise constructed when the intended use of such excavation is for the location, diversion, artificial recharge, or acquisition of ground water, but such term does not include an excavation made for the purpose of obtaining or prospecting for oil, natural gas, minerals or products of mining or quarrying or for inserting media to repressure oil or natural gas bearing formation or for storing petroleum, natural gas or other products, or monitoring wells. (Section 2(1) of the Act)

 

"Water Well Contractor" and "Contractor" mean any person who contracts to drill, alter or repair any water well. (Section 2(4) of the Act)

 

"Water Well Pump Installation" means the selection of and the procedure employed in the placement and preparation for operation of equipment and materials utilized in withdrawing or obtaining water from a well for any use, including all construction involved in making entrance to the well and establishing such seals and safeguards as may be necessary to protect such water from contamination and all construction involved in connecting such wells and pumping units or pressure tanks in the water supply systems of buildings served by such well, including repair to any existing installation. (Section 2(5) of the Act)

 

"Water Well Pump Installation Contractor" means any person engaged in the business of installing or repairing pumps and pumping equipment owned by others. (Section 2(6) of the Act)

 

(Source:  Added at 36 Ill. Reg. 9395, effective June 13, 2012)

 

Section 915.6  Referenced Materials

 

The following materials are referenced in this Part:

 

a)         Illinois Statutes

 

1)         Water Well and Pump Installation Contractor's License Act [225 ILCS 245]

 

2)         Illinois Plumbing License Law [225 ILCS 320]

 

b)         Illinois Administrative Rules

 

1)         Illinois Water Well Construction Code (77 Ill. Adm. Code 920)

 

2)         Illinois Water Well Pump Installation Code (77 Ill. Adm. Code 925)

 

3)         Practice and Procedure in Administrative Hearings (77 Ill. Adm. Code 100)

 

(Source:  Added at 36 Ill. Reg. 9395, effective June 13, 2012)

 

Section 915.10  Applications

 

a)         An application for examination for registration as a licensed water well contractor or water well pump installation contractor must be received in the office of the Department of Public Health, Springfield, Illinois, at least 45 days prior to the date of examination.  Applications shall be made on forms provided by the Department and shall include the following information:

 

1)         Name and address of the applicant;

 

2)         Age of the applicant;

 

3)         A statement that the applicant is a citizen of the United States or has declared his or her intention to become a citizen of the United States; and

 

4)         Employment records, W-2s, copies of paychecks, or other evidence that the applicant has been employed in water well construction or water well pump installation for a minimum of 420 working days in a maximum of two years.

 

b)         A recent photograph shall be submitted with the application form and be made a permanent record.

           

c)         Affidavits from previous and current licensed contractor employers shall accompany the application, indicating the dates that the applicant was employed and the locations of previous jobs that the applicant performed, and verifying that the applicant was engaged in water well or water pump installation work and that he or she performed this work under the supervision of a licensed contractor.  Beginning July 1, 2014, an applicant for a water well contractor license shall submit copies of at least 10 water well construction reports that identify the applicant as the driller.  To identify himself or herself as the driller, the applicant, along with the licensed driller performing the supervision, shall sign and date each of the water well construction reports.  An applicant for a water well pump installation contractor license shall submit copies of at least 10 water well pump installation reports that identify the applicant as the pump installer.  To identify himself or herself as the pump installer, the applicant, along with the licensed pump installer performing supervision, shall sign and date the water well construction report or the water well pump installation report.  The names and addresses of previous licensed contractor employers shall be included. These affidavits shall be submitted with the application form and become a permanent record.

 

d)         Qualifications.  The Department will approve an application, provided the applicant has the following qualifications:

 

1)         Is at least 18 years of age;

 

2)         Is a citizen of the United States or has declared his or her intention to become a citizen of the United States;

 

3)         Possesses good moral character on the basis of documentation provided by the applicant's employers' affidavits as required in subsection (c) of this Section, and that the applicant has no criminal record as described in Section 915.110(g); 

 

4)         Has the following experience as documented according to subsections (a)(4) and (d) of this Section:

 

A)        An applicant for a water well contractor's license shall have worked two years under the supervision of a licensed water well contractor;

 

B)        An applicant for a water well pump installation contractor's license shall have worked two years under the supervision of a licensed water well pump installation contractor;

 

C)        An applicant for a water well and pump installation contractor's license shall have worked two years for a licensed water well contractor and pump installation contractor; and

 

5)         Has paid the required fee in accordance with Section 13 of the Act.  (Section 9 of the Act)

 

(Source:  Amended at 36 Ill. Reg. 9395, effective June 13, 2012)

 

Section 915.20  Examination Requirements

 

a)         Photograph.  The applicant shall personally present a recent  photograph of himself or herself at the time of the examination.

 

b)         Examination. The examination shall be written and consist of four parts prepared by the Board.  The four parts shall be the following:

 

1)         Illinois Water Well Construction Code and the Act;

 

2)         Illinois Water Well Pump Installation Code and the Act;

 

3)         Experience in the construction of water wells; and

 

4)         Experience in the installation of water well pumps.

 

c)         Passing Grade.              Applicants desiring a water well contractor license shall be required to successfully pass parts 1 and 3 as described in subsection (b).  Applicants desiring a water well pump installation contractor license shall be required to successfully pass parts 2 and 4 as described in subsection (b). Applicants desiring licensure for both shall be required to successfully pass all parts.  The examination shall consist of questions with a combined grade value of 100 points in each part.  To successfully pass the examination, the applicant shall obtain a grade of not less than 70 in each part of the examination.

 

d)         Failure to Pass.  An applicant who fails to pass the examination shall be admitted to a subsequent regularly scheduled examination after filing a new application and fee with the Department in accordance with Section 13 of the Act.

 

e)         Refusal to Take an Examination.  If an applicant neglects, fails or refuses to take an examination for a license under the Act within three years after filing his or her application, the examination fee paid by the applicant shall be forfeited to the Department and the application denied.  However, after that time, the applicant may make a new application for examination, accompanied by the required fee.

 

f)         Review of Examinations.  Individuals may not review the examinations once they have been taken.

 

(Source:  Amended at 36 Ill. Reg. 9395, effective June 13, 2012)

 

Section 915.25  Expiration, Renewal, Reinstatement and Restoration of Licenses

 

a)         Expiration.  All licenses expire on January 31 following the date of issuance, with the exception that a license issued after October 31 and before January 31 shall expire on the January 31 occurring after the license has been in effect for one year.

 

b)         Renewal.  All license renewals shall be made on forms prescribed by the Department and shall include documentation that the licensed contractor has attended at least one approved continuing education session in the preceding two years.  All completed license renewal applications and fees are due December 31.  Licenses renewed after December 31 will be assessed a late fee charge.

 

c)         Reinstatement.  The Department will reinstate a license that has expired for three or fewer years upon receiving the completed renewal application and required fee.

 

d)         Restoration.  A person whose license has been expired for more than three years may have the license restored, provided that a completed application for licensure and the required restoration fee are submitted to the Department according to Section 915.10 and that the applicant successfully passes the examination.

 

e)         Fees.  The fee to renew, reinstate or restore a license shall be paid according to Section 13 of the Act.

 

(Source:  Added at 36 Ill. Reg. 9395, effective June 13, 2012)

 

Section 915.30  Statutory Authority (Repealed)

 

(Source:  Repealed at 36 Ill. Reg. 9395, effective June 13, 2012)

 

Section 915.40  Supervision

 

An applicant for a water well pump installation contractor's license, a water well contractor's license, or a water well and pump installation contractor's license shall have worked at the trade for two years at the direction and under the supervision of an Illinois licensed water well pump installation contractor, a water well contractor, or a water well and pump installation contractor, respectively.  The Department shall consider two years to mean a minimum of 420 working days in a maximum of two years.  Credit for experience and work performed under the supervision of individuals licensed by another state shall only be allowed when the Department has determined that the requirements for licensure in that other state are equal to those of the Department.  The Department shall establish and publish a list of those states.  Supervision shall be performed by licensed contractors in accordance with Section 915.50.

 

(Source:  Amended at 22 Ill. Reg. 4111, effective February 10, 1998)

 

Section 915.50  Licensed Contractor Responsibility

 

a)         Water Well Construction.  An individual who is not licensed under the Act may perform labor and services in connection with the drilling of a water well, provided such labor and services are performed at the direction and under the personal supervision of a licensed Water Well Contractor or a licensed Water Well and Pump Installation Contractor.  In order for the licensed contractor to perform personal supervision, he must visit the work site at least once, and as often as necessary, to assure that the unlicensed individual is performing work in compliance with the Illinois Water Well Construction Code (77 Ill. Adm. Code 920).  The licensed contractor shall visit the work site when requested by the Department.  The Department may make such a request when previous inspections have shown that the unlicensed individual has performed work that is not in compliance with the Illinois Water Well Construction Code.  Where such work is performed by an unlicensed individual, under the supervision of a licensed contractor, the licensed contractor shall sign the water well construction report and indicate that he has personally supervised the work and indicate the name of the unlicensed person supervised.

 

b)         Water Well Pump Installation.  An individual who is not licensed under the Act may perform labor and services in connection with the installation or repair of any water well pump or equipment, provided such labor and services are performed at the direction and under the personal supervision of a licensed Water Well Pump Installation Contractor or a licensed Water Well and Pump Installation Contractor.  In order for the licensed contractor to perform personal supervision, the contractor must be present on the site at least once, and as often as necessary, when the pitless adapter and pump are installed in a new water well, or when a pump of a different capacity is installed in an existing water well, to assure that the unlicensed individual is performing work in compliance with the Illinois Water Well Pump Installation Code (77 Ill. Adm. Code 925).  The licensed contractor shall visit the work site when requested by the Department.  The Department may make such a request when previous inspections have shown that the unlicensed individual has performed work which is not in compliance with the Illinois Water Well Pump Installation Code.

 

(Source:  Added at 17 Ill. Reg. 4425, effective March 23, 1993)

 

Section 915.60  Renewal of Expired License

 

a)         A license that has been expired for 3 years or less may be restored upon payment of the lapsed license fees and a reinstatement fee as specified in the Act. In addition, proof must be provided that the contractor has attended in the preceding 2 years before the date of license application a continuing education session approved under Section 915.80.

 

b)         A license that has been expired for more than 3 years may be reinstated if the contractor pays the lapsed fees, pays a reinstatement fee, submits an application for examination, and passes the examination for the license desired.

 

(Source:  Added at 24 Ill. Reg. 12057, effective August 1, 2000)

 

Section 915.70  Continuing Education Requirements for Licensed Water Well Contractors and Licensed Water Well Pump Installation Contractors

 

a)         Frequency of Continuing Education.

 

1)         Contractors licensed under the Act who seek a renewal license shall provide proof of attendance at an approved continuing education session within the 2 years preceding any requested renewal.  It is the responsibility of the licensed contractor to attend an approved continuing education session.

 

2)         Contractors issued a license under the Act must attend an approved continuing education session within 2 years after their licensure.  When these contractors seek a renewal license, they shall provide proof of attendance at an approved continuing education session within the 2 years preceding the requested renewal.  It is the responsibility of the licensed contractor to attend an approved continuing education session.

 

b)         Length of Continuing Education Sessions.  Each continuing education session shall consist of 6 classroom contact hours and shall be approved by the Department.

 

(Source:  Added at 24 Ill. Reg. 12057, effective August 1, 2000)

 

Section 915.80  Continuing Education Sessions

 

a)         Approval of Continuing Education Sessions.  Each entity that has established or proposes to present a continuing education session under the Act shall request Department approval by submitting its continuing education program to the Department.  Requests shall be submitted to the Department no later than 60 days before the date the program begins.  Continuing education sessions shall not be presented until at least 30 days after Department approval.  A list of approved continuing education sessions will be available from the Department.  The Department will approve sessions that address at least one of the following topics:

 

1)         Water well construction and pump installation in general;

 

2)         Grouting;

 

3)         Water sample collection and sampling;

 

4)         Contamination of water supplies and grouting;

 

5)         Safety hazards associated with the water well construction and pump installation industry; or

 

6)         Other relevant information necessary for the continued improvement of knowledge of a water well and pump installation contractor.

 

b)         Minimum Classroom Hours for Continuing Education Sessions.  For a continuing education session to be approved as fulfilling the requirement of continuing education for a licensed water well contractor, the session shall have a minimum of four classroom contact hours of water well topics.  For a continuing education session to be approved as fulfilling the requirement of continuing education for a licensed water well pump installation contractor, the session shall have a minimum of four classroom contact hours of water well pump topics.

 

c)         Requests for Approval.  When requesting approval, the entities shall submit the following information to the Department:

 

1)         Title of session;

 

2)         Type of audience (water well contractors or water well pump installation contractors);

 

3)         Location of session;

 

4)         Names and qualifications of instructors or presenters;

 

5)         Brief description of each topic, amount of time for each topic, and type of licensed contractor each topic is intended to educate; and

 

6)         Total classroom contact hours, excluding breaks (a classroom contact hour is 60 minutes).

 

d)         Attendance.  The entity shall provide, upon request, the methodology used to verify attendance.  Attendance records shall be retained for three years after the continuing education session.

 

e)         Notification.

Each entity approved to conduct sessions shall be responsible for notifying all licensed contractors of continuing education session dates and locations.

 

(Source:  Amended at 36 Ill. Reg. 9395, effective June 13, 2012)

 

Section 915.90  Record of Completion

 

a)         Responsibility of entity offering continuing education. Each entity approved by the Department to offer a continuing education session under this Part shall issue as proof of attendance a letter or certificate of completion to each licensed contractor attending the session.  The letter or certificate shall certify that the licensed contractor has attended the required number of hours and shall include all of the following information:

 

1)         Name and license number of contractor.

 

2)         Name and organization conducting the session.

 

3)         Date, location, and title of the session.

 

4)         Number of classroom hours.

 

b)         Attendance notification.  Each entity approved to offer continuing education under this Part shall submit to the Department a typed listing of contractors who attended the continuing education session.  The information provided shall include the information in subsection (a) and shall be submitted to the Department no later than 45 days after the date of the session.

 

c)         Submittal of proof of attendance.  It is the responsibility of each licensed contractor to submit to the Department proof of attendance at a continuing education session for the contractor's license to be renewed.  The licensed contractor shall submit with the license renewal the certificate or letter provided by the instructing entity under subsection (a).

 

(Source:  Added at 24 Ill. Reg. 12057, effective August 1, 2000)

 

Section 915.100  Plumbers Licensed as Water Well Pump Installation Contractors

 

a)         Licensed Plumbers.  A licensed plumber who installs or repairs water well pumps and pumping equipment must obtain a license as a water well pump installation contractor.

 

b)         Licensed Apprentice Plumbers.  An apprentice plumber licensed under the Illinois Plumbing License Law may obtain a water well pump installation contractor's license provided the sponsor of the apprentice plumber is also a licensed water well pump installation contractor.  Proof of the sponsor's name and water well pump installation contractor license number shall be provided to the Department.

 

c)         Persons licensed under the Illinois Plumbing License Law are not required to pay an application fee or annual license fee or take an examination; however, they must attend a continuing education session as described in Section 915.70.  Licensed or apprentice plumbers who have not renewed their water well pump installation contractor's license must pay a reinstatement fee and meet all requirements of Section 915.70.

 

(Source:  Added at 24 Ill. Reg. 12057, effective August 1, 2000)

 

Section 915.110  Revocation or Suspension of a License

 

The Department may refuse to renew, may suspend or may revoke a license on any one or more of the following grounds:

 

a)         Material misstatement in the application for license;

 

b)         Failure to have or retain the qualifications required by Section 9 of the Act;

 

c)         Violation of the Act or this Part or disregard or violation of any law of the State of Illinois or of any Illinois administrative rule relating to water drilling or the installation of water pumps and equipment;

 

d)         Willfully aiding or abetting another in the violation of the Act or this Part;

 

e)         Incompetence in the performance of the work of a water well contractor or of a water well pump installation contractor;

 

f)         Allowing the use of a license by someone other than the person in whose name it was issued;

 

g)         Conviction of any crime an essential element of which is misstatement, fraud or dishonesty; conviction in this or another State of a felony; and

 

h)         Making substantial misrepresentations or false promises of a character likely to influence, persuade or induce in connection with the occupation of a water well contractor or a water well pump installation contractor, based upon documentation.  (Section 15 of the Act)

 

(Source:  Added at 36 Ill. Reg. 9395, effective June 13, 2012)

 

Section 915.130  Administrative Hearings

 

All administrative hearings shall be conducted in accordance with the Department's Practice and Procedure in Administrative Hearings (77 Ill. Adm. Code 100).

 

(Source:  Added at 36 Ill. Reg. 9395, effective June 13, 2012)

 

Section 915.140  Names and Addresses of Licensed Contractors

 

The Department will maintain the names and business addresses of licensed water well contractors, water well pump installation contractors, and water well and pump installation contractors on the Department's website, in accordance with Section 7(f) of the Act.

 

(Source:  Added at 36 Ill. Reg. 9395, effective June 13, 2012)