Public Act 094-0101
 
HB3045 Enrolled LRB094 07840 MKM 38021 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, 2.5, and 29.5 as follows:
 
    (225 ILCS 320/2)  (from Ch. 111, par. 1102)
    Sec. 2. When used in this Act:
    "Agent" means a person designated by a sponsor as
responsible for supervision of an apprentice plumber and who is
also an Illinois licensed plumber.
    "Apprentice plumber" means any licensed person who is
learning and performing plumbing under the supervision of a
sponsor or his agent in accordance with the provisions of this
Act.
    "Approved apprenticeship program" means an apprenticeship
program approved by the U.S. Department of Labor's Bureau of
Apprenticeship and Training and the Department under rules.
    "Board" means the Illinois State Board of Plumbing
Examiners.
    "Building drain" means that part of the lowest horizontal
piping of a drainage system that receives the discharge from
soil, waste, and other drainage pipes inside the walls of a
building and conveys it to 5 feet beyond the foundation walls
where it is connected to the building sewer.
    "Building sewer" means that part of the horizontal piping
of a drainage system that extends from the end of the building
drain, receives the discharge of the building drain and conveys
it to a public sewer or private sewage disposal system.
    "Department" means the Illinois Department of Public
Health.
    "Director" means the Director of the Illinois Department of
Public Health.
    "Governmental unit" means a city, village, incorporated
town, county, or sanitary or water district.
    "Irrigation contractor" means a person who installs or
supervises the installation of lawn sprinkler systems subject
to Section 2.5 of this Act, other than a licensed plumber or a
licensed apprentice plumber.
    "Irrigation employee" means a person who is employed by a
registered irrigation contractor or a licensed plumber, and who
designs, repairs, alters, maintains, or installs lawn
sprinkler systems that are subject to Section 2.5 of this Law.
    "Lawn sprinkler system" means any underground irrigation
system of lawn, shrubbery and other vegetation from any potable
water sources; and from any water sources, whether or not
potable. , in: (i) any county with a population of 3,000,000 or
more; (ii) any county with a population of 275,000 or more
which is contiguous in whole or in part to a county with a
population of 3,000,000 or more; and (iii) any county with a
population of 37,000 or more but less than 150,000 which is
contiguous to 2 or more counties with respective populations in
excess of 275,000. "Lawn sprinkler system" includes without
limitation the water supply piping, valves, control systems,
low voltage wiring, and sprinkler heads or other irrigation
outlets, and moisture or rainfall sensing equipment, but does
not include the backflow prevention device. "Lawn sprinkler
system" does not include an irrigation system used primarily
for agricultural purposes.
    "Person" means any natural person, firm, corporation,
partnership, or association.
    "Plumber" means any licensed person authorized to perform
plumbing as defined in this Act, but does not include retired
plumbers as defined in this Act.
    "Plumbing" means the actual installation, repair,
maintenance, alteration or extension of a plumbing system by
any person.
    "Plumbing" includes all piping, fixtures, appurtenances
and appliances for a supply of water for all purposes,
including without limitation lawn sprinkler systems and
backflow prevention devices connected to lawn sprinkler
systems, from the source of a private water supply on the
premises or from the main in the street, alley or at the curb
to, within and about any building or buildings where a person
or persons live, work or assemble.
    "Plumbing" includes all piping, from discharge of pumping
units to and including pressure tanks in water supply systems.
    "Plumbing" includes all piping, fixtures, appurtenances,
and appliances for a building drain and a sanitary drainage and
related ventilation system of any building or buildings where a
person or persons live, work or assemble from the point of
connection of such building drain to the building sewer or
private sewage disposal system 5 feet beyond the foundation
walls.
    "Plumbing" does not mean or include the trade of
drain-laying, the trade of drilling water wells which
constitute the sources of private water supplies, and of making
connections between such wells and pumping units in the water
supply systems of buildings served by such private water
supplies, or the business of installing water softening
equipment and of maintaining and servicing the same, or the
business of manufacturing or selling plumbing fixtures,
appliances, equipment or hardware, or to the installation and
servicing of electrical equipment sold by a not-for-profit
corporation providing electrification on a cooperative basis,
that either on or before January 1, 1971, is or has been
financed in whole or in part under the federal Rural
Electrification Act of 1936 and the Acts amendatory thereof and
supplementary thereto, to its members for use on farms owned by
individuals or operated by individuals, nor does it mean or
include minor repairs which do not require changes in the
piping to or from plumbing fixtures or involve the removal,
replacement, installation or re-installation of any pipe or
plumbing fixtures. Plumbing does not include the installation,
repair, maintenance, alteration or extension of building
sewers.
    "Plumbing contractor" means any person who performs
plumbing, as defined in this Act, for another person. "Plumbing
contractor" shall not include licensed plumbers and licensed
apprentice plumbers who either are employed by persons engaged
in the plumbing business or are employed by another person for
the performance of plumbing solely for that other person,
including, but not limited to, a hospital, university, or
business maintenance staff.
    "Plumbing fixtures" means installed receptacles, devices
or appliances that are supplied with water or that receive or
discharge liquids or liquid borne wastes, with or without
discharge into the drainage system with which they may be
directly or indirectly connected.
    "Plumbing system" means the water service, water supply and
distribution pipes; plumbing fixtures and traps; soil, waste
and vent pipes; building drains; including their respective
connections, devices and appurtenances.
    "Plumbing system" does not include building sewers as
defined in this Act.
    "Retired plumber" means any licensed plumber in good
standing who meets the requirements of this Act and the
requirements prescribed by Department rule to be licensed as a
retired plumber and voluntarily surrenders his plumber's
license to the Department, in exchange for a retired plumber's
license. Retired plumbers cannot perform plumbing as defined in
this Act, cannot sponsor or supervise apprentice plumbers, and
cannot inspect plumbing under this Act. A retired plumber
cannot fulfill the requirements of subsection (3) of Section 3
of this Act.
    "Supervision" with respect to first and second year
licensed apprentice plumbers means that such apprentices must
perform all designing and planning of plumbing systems and all
plumbing as defined in this Act under the direct personal
supervision of the sponsor or his or her agent who must also be
an Illinois licensed plumber, except for maintenance and repair
work on existing plumbing systems done by second year
apprentice plumbers; provided that before performing any
maintenance and repair work without such supervision, such
apprentice has received the minimum number of hours of annual
classroom instruction recommended by the United States
Department of Labor's Bureau of Apprenticeship and Training for
apprentice plumbers in a Bureau of Apprenticeship and Training
approved plumber apprenticeship program or its equivalent.
"Supervision" with respect to all other apprentice plumbers
means that, except for maintenance and repair work on existing
plumbing systems, any plumbing done by such apprentices must be
inspected daily, after initial rough-in and after completion by
the sponsor or his or her agent who is also an Illinois
licensed plumber. In addition, all repair and maintenance work
done by a licensed apprentice plumber on an existing plumbing
system must be approved by the sponsor or his or her agent who
is also an Illinois licensed plumber.
    "Sponsor" is an Illinois licensed plumber or an approved
apprenticeship program that has accepted an individual as an
Illinois licensed apprentice plumber for education and
training in the field of plumbing and whose name and license
number or apprenticeship program number shall appear on the
individual's application for an apprentice plumber's license.
    "Sponsored" means that each Illinois licensed apprentice
plumber has been accepted by an Illinois licensed plumber or an
approved apprenticeship program for apprenticeship training.
    "Telecommunications carrier" means a telecommunications
carrier as defined in the Public Utilities Act.
(Source: P.A. 91-184, eff. 1-1-00; 91-678, eff. 1-26-00;
92-338, eff. 8-10-01.)
 
    (225 ILCS 320/2.5)
    (Section scheduled to be repealed on January 1, 2013)
    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, and 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. A licensed plumber shall make the physical
connection between a lawn sprinkler system and the backflow
prevention device.
    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 that 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 that 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 that 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 that 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 that 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 that 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 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.
(Source: P.A. 91-678, eff. 1-26-00; 92-778, eff. 8-6-02.)
 
    (225 ILCS 320/29.5)
    Sec. 29.5. Unlicensed and unregistered practice;
violation; civil penalties penalty.
    (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, or as an irrigation contractor
without being 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 $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 $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.
(Source: P.A. 91-678, eff. 1-26-00; 92-338, eff. 8-10-01.)
 
    Section 99. Effective date. This Act takes effect January
1, 2008.