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Rep. Robert Rita
Filed: 3/19/2013
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1 | | AMENDMENT TO HOUSE BILL 1217
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2 | | AMENDMENT NO. ______. Amend House Bill 1217 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Regulatory Sunset Act is amended by |
5 | | changing Section 4.24 and by adding Section 4.34 as follows:
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6 | | (5 ILCS 80/4.24)
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7 | | Sec. 4.24. Acts and Section repealed on January 1, 2014. |
8 | | The following
Acts and Section of an Act are repealed
on |
9 | | January 1, 2014:
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10 | | The Electrologist Licensing Act.
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11 | | The Illinois Certified Shorthand Reporters Act of 1984.
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12 | | The Illinois Occupational Therapy Practice Act.
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13 | | The Illinois Public Accounting Act.
|
14 | | The Private Detective, Private Alarm, Private Security, |
15 | | Fingerprint Vendor, and Locksmith Act
of 2004.
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16 | | The Registered Surgical Assistant and Registered Surgical |
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1 | | Technologist
Title Protection Act.
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2 | | Section 2.5 of the Illinois Plumbing License Law. |
3 | | The Veterinary Medicine and Surgery Practice Act of 2004.
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4 | | (Source: P.A. 97-1139, eff. 12-28-12.)
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5 | | (5 ILCS 80/4.34 new) |
6 | | Sec. 4.34. Section repealed on January 1, 2024. The |
7 | | following
Section of an Act is repealed
on January 1, 2024: |
8 | | Section 2.5 of the Illinois Plumbing License Law. |
9 | | Section 10. The Illinois Plumbing License Law is amended by |
10 | | changing Sections 2 and 2.5 as follows:
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11 | | (225 ILCS 320/2) (from Ch. 111, par. 1102)
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12 | | Sec. 2. When used in this Act:
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13 | | "Agent" means a person designated by a sponsor as |
14 | | responsible for
supervision of an apprentice plumber and who is |
15 | | also an Illinois
licensed plumber.
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16 | | "Apprentice plumber" means any licensed person who is |
17 | | learning and
performing plumbing under the supervision of a |
18 | | sponsor or his agent in
accordance with the provisions of this |
19 | | Act.
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20 | | "Approved apprenticeship program" means an apprenticeship |
21 | | program
approved by the U.S. Department of Labor's Bureau of |
22 | | Apprenticeship and
Training and the Department under rules.
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23 | | "Board" means the Illinois State Board of Plumbing |
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1 | | Examiners.
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2 | | "Building drain" means that part of the lowest horizontal |
3 | | piping
of a drainage system that receives the discharge from |
4 | | soil, waste, and
other drainage pipes inside the walls of a |
5 | | building and conveys it to 5
feet beyond the foundation walls |
6 | | where it is connected to the building sewer.
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7 | | "Building sewer" means that part of the horizontal piping |
8 | | of a drainage
system that extends from the end of the building |
9 | | drain, receives the discharge
of the building drain and conveys |
10 | | it to a public sewer or private sewage
disposal system.
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11 | | "Department" means the Illinois Department of Public |
12 | | Health.
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13 | | "Director" means the Director of the Illinois Department of |
14 | | Public Health.
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15 | | "Governmental unit" means a city, village, incorporated |
16 | | town, county,
or sanitary or water district.
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17 | | "Irrigation contractor" means a person who installs or |
18 | | supervises the
installation of lawn sprinkler systems subject |
19 | | to Section 2.5 of this Act,
other than a licensed plumber or a
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20 | | licensed apprentice plumber.
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21 | | "Irrigation employee" means a person who is employed or |
22 | | seeks to be employed by a registered irrigation contractor or a |
23 | | licensed plumber, and who designs, repairs, alters, maintains, |
24 | | or installs lawn sprinkler systems that are subject to Section |
25 | | 2.5 of this Law.
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26 | | "Lawn sprinkler system" means any underground irrigation |
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1 | | system of lawn,
shrubbery and other vegetation from any potable |
2 | | water sources; and from any
water sources, whether or not |
3 | | potable. "Lawn sprinkler system" includes
without limitation |
4 | | the water supply piping, valves, control systems, low voltage |
5 | | wiring, sprinkler heads or
other irrigation outlets, and |
6 | | moisture or rainfall sensing equipment, but does not include |
7 | | the backflow prevention
device. "Lawn sprinkler system" does |
8 | | not include an irrigation
system used primarily for |
9 | | agricultural purposes.
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10 | | "Person" means any natural person, firm, corporation, |
11 | | partnership, or
association.
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12 | | "Plumber" means any licensed person authorized to perform |
13 | | plumbing
as defined in this Act, but does not include retired |
14 | | plumbers as defined in
this Act.
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15 | | "Plumbing" means the actual installation, repair, |
16 | | maintenance, alteration
or extension of a plumbing system by |
17 | | any person.
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18 | | "Plumbing" includes all piping, fixtures, appurtenances |
19 | | and
appliances for a supply of water for all purposes, |
20 | | including without limitation
lawn sprinkler systems and |
21 | | backflow prevention devices connected to lawn
sprinkler |
22 | | systems, from the
source of a private water supply on the |
23 | | premises or from
the main in the street, alley or at the curb |
24 | | to, within and about any building
or buildings where a person |
25 | | or persons live, work or assemble.
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26 | | "Plumbing" includes all piping, from discharge of pumping |
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1 | | units to
and including pressure tanks in water supply systems.
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2 | | "Plumbing" includes all piping, fixtures, appurtenances, |
3 | | and
appliances for
a building drain and a sanitary drainage and |
4 | | related ventilation system
of any building or buildings where a |
5 | | person or persons live, work or assemble
from the point of |
6 | | connection of such building drain to the building sewer
or |
7 | | private sewage disposal system 5 feet beyond the foundation |
8 | | walls.
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9 | | "Plumbing" does not mean or include the trade of |
10 | | drain-laying, the
trade of drilling water wells which |
11 | | constitute the sources of private water
supplies, and of making |
12 | | connections between such wells and pumping units
in the water |
13 | | supply systems of buildings served by such private water
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14 | | supplies, or the business of installing water softening |
15 | | equipment and of
maintaining and servicing the same, or the |
16 | | business of manufacturing or
selling plumbing fixtures, |
17 | | appliances, equipment or hardware, or to the
installation and |
18 | | servicing of electrical equipment sold by a not-for-profit
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19 | | corporation providing electrification on a cooperative basis, |
20 | | that either
on or before January 1, 1971, is or has been |
21 | | financed in whole or in part
under the federal Rural |
22 | | Electrification Act of 1936 and the Acts
amendatory
thereof and |
23 | | supplementary thereto, to its members for use on farms owned
by |
24 | | individuals or operated by individuals, nor does it mean or |
25 | | include minor
repairs which do not require changes in the |
26 | | piping to or from plumbing fixtures
or involve the removal, |
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1 | | replacement, installation or re-installation of
any pipe or |
2 | | plumbing fixtures. Plumbing does not include the installation,
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3 | | repair, maintenance, alteration or extension of building |
4 | | sewers.
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5 | | "Plumbing contractor" means any person who performs |
6 | | plumbing,
as defined in this Act, for another person. "Plumbing |
7 | | contractor"
shall not include licensed plumbers and licensed |
8 | | apprentice plumbers
who
either
are employed by persons engaged |
9 | | in the plumbing business or are
employed by another person for |
10 | | the performance of
plumbing
solely
for that other person, |
11 | | including, but not limited to, a
hospital, university, or |
12 | | business maintenance staff.
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13 | | "Plumbing fixtures" means installed receptacles, devices |
14 | | or appliances
that are supplied with water or that receive or |
15 | | discharge liquids or liquid
borne wastes, with or without |
16 | | discharge into the drainage system with which
they may be |
17 | | directly or indirectly connected.
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18 | | "Plumbing system" means the water service, water supply and |
19 | | distribution
pipes; plumbing fixtures and traps; soil, waste |
20 | | and vent pipes; building
drains; including their respective |
21 | | connections, devices and appurtenances.
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22 | | "Plumbing system" does not include building sewers as |
23 | | defined in this
Act.
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24 | | "Retired plumber" means any licensed plumber in good |
25 | | standing who meets the
requirements of this Act and the |
26 | | requirements prescribed by Department rule to
be licensed as a |
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1 | | retired plumber and voluntarily surrenders his plumber's
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2 | | license to the Department, in exchange for a retired plumber's |
3 | | license.
Retired
plumbers cannot perform plumbing as defined in |
4 | | this Act, cannot sponsor or
supervise apprentice plumbers, and |
5 | | cannot inspect plumbing under this Act. A
retired plumber |
6 | | cannot fulfill the requirements of subsection (3) of Section 3
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7 | | of this Act.
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8 | | "Supervision" with respect to first and second year |
9 | | licensed apprentice
plumbers means that such apprentices must |
10 | | perform all designing and
planning of plumbing systems and all |
11 | | plumbing as defined in this Act under
the direct personal |
12 | | supervision of the sponsor or his or her agent who must
also be |
13 | | an Illinois licensed plumber, except for maintenance and repair
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14 | | work on existing plumbing systems done by second year |
15 | | apprentice plumbers;
provided that before performing any |
16 | | maintenance and repair work
without such supervision, such |
17 | | apprentice has received the minimum number of
hours of annual |
18 | | classroom instruction recommended by the United States
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19 | | Department of Labor's Bureau of Apprenticeship and Training for |
20 | | apprentice
plumbers in a Bureau of Apprenticeship and Training |
21 | | approved plumber
apprenticeship program or its equivalent. |
22 | | "Supervision" with respect to
all other apprentice plumbers |
23 | | means that, except for maintenance and repair
work on existing |
24 | | plumbing systems, any plumbing done by such apprentices
must be |
25 | | inspected daily, after initial rough-in and after completion by |
26 | | the
sponsor or his or her agent who is also an Illinois |
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1 | | licensed plumber. In
addition, all repair and maintenance work |
2 | | done by a licensed apprentice
plumber on an existing plumbing |
3 | | system must be approved by the sponsor or
his or her agent who |
4 | | is also an Illinois licensed plumber.
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5 | | "Sponsor" is an Illinois licensed plumber or an approved |
6 | | apprenticeship
program that has accepted an individual as an |
7 | | Illinois licensed apprentice
plumber for education and |
8 | | training in the field of plumbing and whose name
and license |
9 | | number or apprenticeship program number shall appear on the
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10 | | individual's application for an apprentice plumber's license.
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11 | | "Sponsored" means that each Illinois licensed apprentice |
12 | | plumber
has been accepted by an Illinois licensed plumber or an |
13 | | approved
apprenticeship program for apprenticeship training.
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14 | | "Telecommunications carrier" means a telecommunications |
15 | | carrier as defined
in the Public Utilities Act.
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16 | | (Source: P.A. 94-101, eff. 1-1-08 .)
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17 | | (225 ILCS 320/2.5)
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18 | | (Section scheduled to be repealed on January 1, 2014)
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19 | | Sec. 2.5. Irrigation contractors; lawn sprinkler systems.
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20 | | (a) Every irrigation contractor doing business in this |
21 | | State shall annually
register with the
Department. Every |
22 | | irrigation contractor shall provide to the Department
his or |
23 | | her business name and address, telephone number, name of |
24 | | principal,
FEIN number, and an original certificate of |
25 | | insurance documenting that the irrigation contractor carries |
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1 | | general liability insurance with a minimum of $100,000 per |
2 | | occurrence, bodily injury insurance with a minimum of $300,000 |
3 | | per occurrence, property damage insurance with a minimum of |
4 | | $50,000, and worker's compensation insurance with a minimum of |
5 | | $500,000. No registration may be issued in the absence of the |
6 | | certificate of insurance. The certificate must be in force at |
7 | | all times for registration to remain valid. |
8 | | On a form provided by the Department, every irrigation |
9 | | contractor must provide to the Department an indemnification |
10 | | bond in the amount of $20,000 or an irrevocable letter of |
11 | | credit from a financial institution guaranteeing that funds |
12 | | shall be available only to the Department and shall be released |
13 | | upon written notification by the Department in the same amount |
14 | | for any work on lawn sprinkler systems performed by the |
15 | | registered irrigation contractor. The letter of credit shall be |
16 | | printed on the letterhead of the issuing financial institution, |
17 | | be signed by an officer of the same financial institution, name |
18 | | the Department as the sole beneficiary, and expire on February |
19 | | 28 of each year. |
20 | | Every irrigation contractor doing business in this State |
21 | | shall also
register
with the Department each and every employee |
22 | | who installs or supervises the
installation of lawn sprinkler |
23 | | systems. The
registration shall include the
employee's name, |
24 | | home address, and telephone number. The
Department
may provide |
25 | | by rule for the administration of
registrations under
this |
26 | | subsection.
The annual
registration fee shall be set by the |
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1 | | Department pursuant to
Section 30 of this Act. Each registered |
2 | | irrigation contractor must provide proof that he or she employs |
3 | | at least one irrigation employee who has completed and passed |
4 | | an approved class in the design and installation of lawn |
5 | | sprinkler systems. Nothing in this Act shall prohibit a bona |
6 | | fide labor organization from registering a person as an |
7 | | irrigation employee with the Department.
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8 | | (b) A licensed plumber or licensed apprentice plumber may |
9 | | install
a lawn sprinkler system connected to any water source
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10 | | without
registration under this Section.
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11 | | (c) A licensed plumber shall inspect every
sprinkler system |
12 | | installed by an irrigation contractor to ensure the provisions
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13 | | of this Section have been met and that the system works |
14 | | mechanically. A
licensed plumber shall make the physical
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15 | | connection between a lawn sprinkler system and the backflow |
16 | | prevention device.
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17 | | Upon the installation of every lawn sprinkler system in |
18 | | this State from the
effective date of this amendatory Act of |
19 | | the 91st General Assembly forward, a
licensed
plumber shall |
20 | | affix to the backflow prevention
device a tag certifying that |
21 | | the installation of that system has been completed
in |
22 | | compliance with the minimum code of plumbing standards |
23 | | promulgated under
this Act. The
Department shall provide by |
24 | | rule for the
registration of every lawn sprinkler
system |
25 | | installed after the effective date of this amendatory Act of |
26 | | the 91st
General Assembly, including the means by which the |
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1 | | Department shall be able to
identify by
registration number the |
2 | | identity of the responsible irrigation
contractor and by |
3 | | license number the identity of the responsible licensed
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4 | | plumber. No lawn sprinkler system installed after the effective |
5 | | date of this
amendatory Act of the 91st General Assembly may be
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6 | | operated without the certification tag required under this |
7 | | Section.
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8 | | The
registered irrigation contractor and the licensed |
9 | | plumber
whose identifying information is contained on the
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10 | | certification tag shall both be subject to the penalty |
11 | | provisions of this Act
for violations for improper installation |
12 | | of a lawn sprinkler system installed
after the effective date |
13 | | of this amendatory Act of the 91st General Assembly.
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14 | | (d) An irrigation contractor who has
registered with the |
15 | | Department 5 7 or
fewer
persons who are authorized to install |
16 | | or supervise the installation of lawn
sprinkler systems shall |
17 | | either employ or contract with at least one licensed
plumber |
18 | | who shall
install or be responsible for the installation of |
19 | | every
lawn sprinkler system installed after the effective date |
20 | | of this amendatory Act of the 98th General Assembly this |
21 | | amendatory Act
of the 91st General Assembly . The licensed |
22 | | plumber shall inspect the risers
and sprinkler heads before |
23 | | backfilling.
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24 | | An irrigation contractor who has
registered with the |
25 | | Department 6 8 to 10 12
persons who are authorized to install |
26 | | or supervise the installation of lawn
sprinkler systems shall |
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1 | | either employ or contract with at least 2 licensed
plumbers who |
2 | | shall install or be responsible for the
installation of every
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3 | | lawn sprinkler system installed after the effective date of |
4 | | this amendatory Act of the 98th General Assembly this |
5 | | amendatory Act
of the 91st General Assembly .
A licensed plumber |
6 | | shall inspect the risers and sprinkler heads before
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7 | | backfilling.
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8 | | An irrigation contractor who has
registered with the |
9 | | Department 11 13 to 15 20
persons who are authorized to install |
10 | | or supervise the installation of lawn
sprinkler systems shall |
11 | | either employ or contract with at least 3 licensed
plumbers who |
12 | | shall install or be responsible for the
installation of every
|
13 | | lawn sprinkler system installed after the effective date of |
14 | | this amendatory Act of the 98th General Assembly this |
15 | | amendatory Act
of the 91st General Assembly .
A licensed plumber |
16 | | shall inspect the risers and sprinkler heads before
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17 | | backfilling.
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18 | | An irrigation contractor who has
registered with the |
19 | | Department 16 21 to 20 28
persons who are authorized to install |
20 | | or supervise the installation of lawn
sprinkler systems shall |
21 | | either employ or contract with at least 4 licensed
plumbers who |
22 | | shall install or be responsible for the
installation of every
|
23 | | lawn sprinkler system installed after the effective date of |
24 | | this amendatory Act of the 98th General Assembly this |
25 | | amendatory Act
of the 91st General Assembly .
A licensed plumber |
26 | | shall inspect the risers and sprinkler heads before
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1 | | backfilling.
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2 | | An irrigation contractor who has
registered with the |
3 | | Department 21 29 to 25 35
persons who are authorized to install |
4 | | or supervise the installation of lawn
sprinkler systems shall |
5 | | either employ or contract with at least 5 licensed
plumbers who |
6 | | shall install or be responsible for the
installation of every
|
7 | | lawn sprinkler system installed after the effective date of |
8 | | this amendatory Act of the 98th General Assembly this |
9 | | amendatory Act
of the 91st General Assembly .
A licensed plumber |
10 | | shall inspect the risers and sprinkler heads before
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11 | | backfilling.
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12 | | An irrigation contractor who has
registered with the |
13 | | Department 26 36 or more
persons who are authorized to install |
14 | | or supervise the installation of lawn
sprinkler systems shall |
15 | | either employ or contract with at least 6 licensed
plumbers who |
16 | | shall install or be responsible for the
installation of every
|
17 | | lawn sprinkler system installed after the effective date of |
18 | | this amendatory Act of the 98th General Assembly this |
19 | | amendatory Act
of the 91st General Assembly .
A licensed plumber |
20 | | shall inspect the risers and sprinkler heads before
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21 | | backfilling.
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22 | | The Department may provide by rule for the temporary waiver |
23 | | process for
registered irrigation contractors who are unable to |
24 | | comply with the
requirements of this subsection. When a |
25 | | temporary waiver is granted, it shall
not be for a duration of |
26 | | more than 3 consecutive months. Upon the expiration
of a |
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1 | | temporary waiver issued by the Department, the
registered |
2 | | irrigation
contractor shall demonstrate that justifiable |
3 | | reasons exist why he or she is
still unable to comply with the |
4 | | requirements of this subsection, despite good
faith efforts to |
5 | | comply with the requirements. In no case shall a temporary
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6 | | waiver be granted for an irrigation contractor for more than a |
7 | | total of 6
months in a two-year period. In no case shall an |
8 | | irrigation
contractor be relieved of the requirement that a |
9 | | licensed plumber
shall inspect every sprinkler system |
10 | | installed by an
irrigation contractor to ensure the provisions |
11 | | of this Section have been met
and that the system works |
12 | | mechanically and make the physical connection
between a |
13 | | sprinkler system and the backflow prevention device.
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14 | | (e) No person shall attach to a lawn sprinkler system any |
15 | | fixture intended
to supply water for human consumption.
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16 | | No person shall attach to a lawn sprinkler system any |
17 | | fixture other
than the backflow prevention device, sprinkler |
18 | | heads, valves, and other parts
integral to the operation of the |
19 | | system, unless the fixture is clearly marked
as being for |
20 | | non-potable uses only.
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21 | | (f) A college, university, trade school, vocational |
22 | | school, or association that has established a program providing |
23 | | a course of instruction in lawn sprinkler design and |
24 | | installation may submit a letter to the Department requesting |
25 | | approval of its program or course of instruction.
|
26 | | The request for approval shall include information on the |
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1 | | curriculum offered by the program and the qualifications of the |
2 | | organization. The course shall consist of a minimum of 2 days |
3 | | of classroom education and an exam and shall include a |
4 | | provision for continuing education. |
5 | | The Department shall evaluate the curriculum and |
6 | | organization before making a determination to approve or deny a |
7 | | request for approval.
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8 | | In addition to providing to the Department the names of |
9 | | licensed plumbers who are employed by or contract with an |
10 | | irrigation contractor, an irrigation contractor must also |
11 | | provide to the Department the names of employees who have |
12 | | successfully completed an approved course on the installation |
13 | | of lawn sprinkler systems and proof that the course was |
14 | | successfully completed and that continuing education is also |
15 | | being completed.
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16 | | (g) All automatically operated lawn sprinkler systems |
17 | | shall have furnished and installed technology that inhibits or |
18 | | interrupts operation of the landscape irrigation system during |
19 | | periods of sufficient moisture or rainfall. The technology must |
20 | | be adjustable either by the end user or the irrigation |
21 | | contractor. |
22 | | This subsection (g) does not apply to systems operating on |
23 | | golf courses or agricultural lands. |
24 | | The requirements of this subsection (g) apply to all |
25 | | landscape irrigation systems installed after January 1, 2009.
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26 | | (Source: P.A. 94-101, eff. 1-1-08; 95-421, eff. 1-1-09 .)
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