| ||||
Public Act 099-0504 | ||||
| ||||
| ||||
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.)
|