093_HB2370eng

 
HB2370 Engrossed                     LRB093 07632 LRD 11272 b

 1        AN ACT concerning plumbers.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Illinois Plumbing License Law is  amended
 5    by changing Sections 13.1, 18, and 42 as follows:

 6        (225 ILCS 320/13.1)
 7        Sec.    13.1.     Plumbing   contractors;   registration;
 8    applications.
 9        (1)  On  and  after  May  1,   2002,   all   persons   or
10    corporations  desiring  to engage in the business of plumbing
11    contractor, other than any entity that maintains  an  audited
12    net  worth  of  shareholders'  equity  equal  to or exceeding
13    $100,000,000,  shall  register   in   accordance   with   the
14    provisions of this Act.
15        (2)  Application for registration shall be filed with the
16    Department  each year, on or before the last day of September
17    April, in writing and on forms prepared and furnished by  the
18    Department.   All plumbing contractor registrations expire on
19    the last day of September April of each year.
20        (3)  Applications shall contain the  name,  address,  and
21    telephone  number  of  the person and the plumbing license of
22    (i) the  individual,  if  a  sole  proprietorship;  (ii)  the
23    partner,  if  a  partnership;  or  (iii)  an  officer,  if  a
24    corporation.   The  application  shall  contain  the business
25    name, address, and telephone number, a current  copy  of  the
26    plumbing  license,  and  any other information the Department
27    may require by rule.
28        (4)  Applicants shall submit an original  certificate  of
29    insurance  documenting  that  the  contractor carries general
30    liability  insurance  with  a   minimum   of   $100,000   per
31    occurrence,   bodily  injury  insurance  with  a  minimum  of
 
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 1    $300,000 per occurrence, property  damage  insurance  with  a
 2    minimum of $50,000, and workers compensation insurance with a
 3    minimum  $500,000.   No  registration  may  be  issued in the
 4    absence of this certificate.  Certificates must be  in  force
 5    at all times for registration to remain valid.
 6        (5)  Applicants  shall  submit, on a form provided by the
 7    Department, an indemnification bond in the amount of  $20,000
 8    or  a  letter of credit in the same amount for work performed
 9    in accordance with this Act and the rules  promulgated  under
10    this Act.
11        (6)  All  employees  of  a registered plumbing contractor
12    who engage in plumbing work shall  be  licensed  plumbers  or
13    apprentice plumbers in accordance with this Act.
14        (7)  Plumbing   contractors   shall   submit   an  annual
15    registration fee in an amount to be established by rule.
16        (8)  The Department shall be notified in advance  of  any
17    changes  in  the  business structure, name, or location or of
18    the addition or deletion of the owner or officer who  is  the
19    licensed  plumber  listed  on  the  application.   Failure to
20    notify the Department of  this  information  is  grounds  for
21    suspension   or   revocation  of  the  plumbing  contractor's
22    registration.
23        (9)  In the event  that  the  plumber's  license  on  the
24    application  for  registration  of a plumbing contractor is a
25    license issued by the  City  of  Chicago,  it  shall  be  the
26    responsibility  of  the  applicant  to  forward a copy of the
27    plumber's license to the Department, noting the name  of  the
28    registered plumbing contractor, when it is renewed.
29    (Source: P.A. 92-338, eff. 8-10-01.)

30        (225 ILCS 320/18) (from Ch. 111, par. 1117)
31        Sec. 18.  Local regulation; Department standards.
32        (1)  It is hereby declared to be the policy of this State
33    that  each  city,  town,  village,  township or county with a
 
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 1    water supply system or sewage disposal system or both  should
 2    so  soon after the enactment of this Act as practicable, with
 3    the advice of the State Department of Public Health,  provide
 4    by  ordinance,  bylaws  or  rules  and  regulations  for  the
 5    materials,  construction,  alteration,  and inspection of all
 6    plumbing placed in or in connection with any building in  any
 7    such  city, town, village, township, or county and to provide
 8    for and appoint a competent Plumbing  Inspector  or  more  as
 9    required.  The  Department  may  by  rule establish voluntary
10    standards for the  content  and  conduct  of  local  plumbing
11    regulation  and  inspection  programs  and  may  evaluate and
12    certify local  programs  that  are  in  compliance  with  the
13    voluntary  standards.  The  Department  may by rule establish
14    voluntary education, training, and experience  standards  for
15    Plumbing  Inspectors  and may certify Plumbing Inspectors who
16    are in  compliance  with  the  voluntary  standards.  Nothing
17    contained in this Act shall prohibit any city, town, village,
18    township or county from providing for a Plumbing Inspector or
19    from  requiring  permits  for  the installation and repair of
20    plumbing and collecting a fee therefor,  but  a  city,  town,
21    village,  township,  or  county  that  requires  a permit for
22    installation and repair of plumbing may not issue that permit
23    without verification that the applicant has a valid  plumbing
24    license. No person shall be appointed as a Plumbing Inspector
25    who  is  not  a  licensed  plumber  under this Act, including
26    persons employed as Plumbing Inspectors in home rule units.
27        (2)  The  Department  of  Public  Health  shall   conduct
28    inquiry in any city, town, village, township, or county or at
29    any other place in the State when reasonably necessary in the
30    judgment  of  the Director of the Department of Public Health
31    to safeguard the health of any  person  or  persons  in  this
32    State,  on account of piping or appurtenant appliances within
33    any building, or outside, when such piping and appliances are
34    for the use of plumbing as defined in this Act  and  for  the
 
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 1    use of carrying sewage or waste within or from any building.
 2        The   Department   of  Public  Health  may  conduct  such
 3    inquiries in any city, town, village, township or  county  in
 4    this State by directing the Plumbing Inspector thereof to aid
 5    in  or conduct such inquiry or investigation in behalf of the
 6    Department of Public  Health  or  the  Department  of  Public
 7    Health  may designate some other person or persons to conduct
 8    such investigation.
 9    (Source: P.A. 90-714, eff. 8-7-98.)

10        (225 ILCS 320/42)
11        Sec. 42.  Home rule. Pursuant to paragraph (h) of Section
12    6 of Article VII of the Illinois  Constitution  of  1970  the
13    power  to  regulate  the licensing of plumbers, to promulgate
14    the promulgation of a minimum plumbing code of standards, and
15    the  power  to  regulate  the  registration   of   irrigation
16    contractors  and  plumbing  contractors  shall, except as may
17    otherwise be provided within and pursuant to  the  provisions
18    of  Section  16 and Section 16.1 of this Act, be exercised by
19    the State and may not be  exercised  by  any  unit  of  local
20    government, including home rule units.
21    (Source: P.A. 91-678, eff. 1-26-00.)