Section 894.70  Civil Penalties for Unregistered Plumbing Contractors

a)         A person who practices, offers to practice, or holds himself or herself out to practice as a plumbing contractor without being registered under the provisions of the Act shall be issued a civil penalty under the following criteria:

1)         First Offense

A)        When no violations of the Illinois Plumbing Code (77 Ill. Adm. Code 890) are found, the person:

i)          Shall pay a civil penalty of $1,000.

ii)         May be referred to the State's Attorney of the County or Attorney General for prosecution under Section 29 of the Act.

B)        When violations of the Illinois Plumbing Code are found, the person:

i)          Shall pay a civil penalty of $3,000.  This amount may be reduced to $1,000 upon the condition that the unregistered person pays for a licensed plumber to correct the violations of the Illinois Plumbing Code.  The licensed plumber correcting the violations must be acceptable to the other party to the original contract or agreement.

ii)         May be referred to the State's Attorney of the County or Attorney General for prosecution under Section 29 of the Act.

2)         Second Offense

A)        When no violations of the Illinois Plumbing Code are found, the person:

i)          Shall pay a civil penalty of $3,000.

ii)         May be referred to the State's Attorney of the County or Attorney General for prosecution under Section 29 of the Act.

B)        When violations of the Illinois Plumbing Code are found, the person:

i)          Shall pay a civil penalty of $5,000.  This amount may be reduced to $3,000 upon the condition that the unregistered person pays for a licensed plumber to correct the violations of the Illinois Plumbing Code.  The licensed plumber correcting the violations must be acceptable to the other party to the original contract or agreement.

ii)         May be referred to the State's Attorney of the County or Attorney General for prosecution under Section 29 of the Act.

3)         Third and Subsequent Offenses.  The person:

A)        Shall pay a civil penalty of $5,000.

B)        Shall be referred to the State's Attorney of the County or Attorney General for prosecution under Section 29 of the Act.

b)         A registered plumbing contractor, firm, corporation, partnership, or association, who directs, authorizes or allows a person to practice, offer to practice, attempt to practice, or hold himself or herself out to practice as a plumbing employee without being licensed under the provisions of the Act, shall be issued a civil penalty under the following criteria:

1)         First Offense.  The person:

A)        Shall pay a civil penalty of $5,000.

B)        Shall be required to pay for a licensed plumber to correct any violations of the Illinois Plumbing Code.  The licensed plumber correcting the violations must be acceptable to the other party to the original contract or agreement.

C)        Shall have his or her plumbing license suspended.

D)        May be referred to the State's Attorney of the County or Attorney General for prosecution under Section 29 of the Act.

2)         Second Offense.  The person:

A)        Shall pay a civil penalty of $5,000.

B)        Shall be required to pay for a licensed plumber to correct any violations of the Illinois Plumbing Code.  The licensed plumber correcting the violations must be acceptable to the other party to the original contract or agreement.

C)        Shall have his or her plumbing license revoked.

D)        Shall be referred to the State's Attorney of the County or Attorney General for prosecution under Section 29 of the Act.

(Source:  Amended at 38 Ill. Reg. 22239, effective November 12, 2014)