Full Text of HB4245 102nd General Assembly
HB4245sam001 102ND GENERAL ASSEMBLY | Sen. Linda Holmes Filed: 1/3/2023
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| 1 | | AMENDMENT TO HOUSE BILL 4245
| 2 | | AMENDMENT NO. ______. Amend House Bill 4245 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Plumbing License Law is amended | 5 | | by changing Sections 2.5 and 29.5 as follows:
| 6 | | (225 ILCS 320/2.5)
| 7 | | (Section scheduled to be repealed on January 1, 2024)
| 8 | | Sec. 2.5. Irrigation contractors; lawn sprinkler systems.
| 9 | | (a) Every irrigation contractor doing business in this | 10 | | State shall annually
register with the
Department. Every | 11 | | irrigation contractor shall provide to the Department
his or | 12 | | her business name and address, telephone number, name of | 13 | | principal,
FEIN number, and an original certificate of | 14 | | insurance documenting that the irrigation contractor carries | 15 | | general liability insurance with a minimum of $100,000 per | 16 | | occurrence, bodily injury insurance with a minimum of $300,000 |
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| 1 | | per occurrence, property damage insurance with a minimum of | 2 | | $50,000, and worker's compensation insurance with a minimum of | 3 | | $500,000. No registration may be issued in the absence of the | 4 | | certificate of insurance. The certificate must be in force at | 5 | | all times for registration to remain valid. | 6 | | On a form provided by the Department, every irrigation | 7 | | contractor must provide to the Department an indemnification | 8 | | bond in the amount of $20,000 or an irrevocable letter of | 9 | | credit from a financial institution guaranteeing that funds | 10 | | shall be available only to the Department and shall be | 11 | | released upon written notification by the Department in the | 12 | | same amount for any work on lawn sprinkler systems performed | 13 | | by the registered irrigation contractor. The letter of credit | 14 | | shall be printed on the letterhead of the issuing financial | 15 | | institution, be signed by an officer of the same financial | 16 | | institution, name the Department as the sole beneficiary, and | 17 | | expire on February 28 of each year. | 18 | | Every irrigation contractor doing business in this State | 19 | | shall also
register
with the Department each and every | 20 | | employee who installs or supervises the
installation of lawn | 21 | | sprinkler systems. The
registration shall include the
| 22 | | employee's name, home address, and telephone number. The
| 23 | | Department
may provide by rule for the administration of
| 24 | | registrations under
this subsection.
The annual
registration | 25 | | fee shall be set by the Department pursuant to
Section 30 of | 26 | | this Act. Each registered irrigation contractor must provide |
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| 1 | | proof that he or she employs at least one irrigation employee | 2 | | who has completed and passed an approved class in the design | 3 | | and installation of lawn sprinkler systems.
| 4 | | (b) A licensed plumber or licensed apprentice plumber may | 5 | | install
a lawn sprinkler system connected to any water source
| 6 | | without
registration under this Section.
| 7 | | (c) A licensed plumber shall inspect every
sprinkler | 8 | | system installed by an irrigation contractor to ensure the | 9 | | provisions
of this Section have been met and that the system | 10 | | works mechanically. The inspecting A
licensed plumber shall | 11 | | make the physical
connection between a lawn sprinkler system | 12 | | and the backflow prevention device. The inspecting licensed | 13 | | plumber shall inspect every aspect of the sprinkler system, | 14 | | including all piping, fittings, and heads, to ensure the | 15 | | provisions of this Section have been met.
| 16 | | Upon the installation of every lawn sprinkler system in | 17 | | this State from the
effective date of this amendatory Act of | 18 | | the 91st General Assembly forward, a
licensed
plumber shall | 19 | | affix to the backflow prevention
device a tag certifying that | 20 | | the installation of that system has been completed
in | 21 | | compliance with the minimum code of plumbing standards | 22 | | promulgated under
this Act. The
Department shall provide by | 23 | | rule for the
registration of every lawn sprinkler
system | 24 | | installed after the effective date of this amendatory Act of | 25 | | the 91st
General Assembly, including the means by which the | 26 | | Department shall be able to
identify by
registration number |
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| 1 | | the identity of the responsible irrigation
contractor and by | 2 | | license number the identity of the responsible licensed
| 3 | | plumber. No lawn sprinkler system installed after the | 4 | | effective date of this
amendatory Act of the 91st General | 5 | | Assembly may be
operated without the certification tag | 6 | | required under this Section.
| 7 | | The
registered irrigation contractor and the licensed | 8 | | plumber
whose identifying information is contained on the
| 9 | | certification tag shall both be subject to the penalty | 10 | | provisions of this Act
for violations for improper | 11 | | installation of a lawn sprinkler system installed
after the | 12 | | effective date of this amendatory Act of the 91st General | 13 | | Assembly.
| 14 | | (d) An irrigation contractor who has
registered with the | 15 | | Department 7 or
fewer
persons who are authorized to install or | 16 | | 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 91st General Assembly. The | 21 | | licensed plumber shall inspect the risers
and sprinkler heads | 22 | | before backfilling.
| 23 | | An irrigation contractor who has
registered with the | 24 | | Department 8 to 12
persons who are authorized to install or | 25 | | supervise the installation of lawn
sprinkler systems shall | 26 | | either employ or contract with at least 2 licensed
plumbers |
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| 1 | | who shall install or be responsible for the
installation of | 2 | | every
lawn sprinkler system installed after the effective date | 3 | | of this amendatory Act
of the 91st General Assembly.
A | 4 | | licensed plumber shall inspect the risers and sprinkler heads | 5 | | before
backfilling.
| 6 | | An irrigation contractor who has
registered with the | 7 | | Department 13 to 20
persons who are authorized to install or | 8 | | supervise the installation of lawn
sprinkler systems shall | 9 | | either employ or contract with at least 3 licensed
plumbers | 10 | | who shall install or be responsible for the
installation of | 11 | | every
lawn sprinkler system installed after the effective date | 12 | | of this amendatory Act
of the 91st General Assembly.
A | 13 | | licensed plumber shall inspect the risers and sprinkler heads | 14 | | before
backfilling.
| 15 | | An irrigation contractor who has
registered with the | 16 | | Department 21 to 28
persons who are authorized to install or | 17 | | supervise the installation of lawn
sprinkler systems shall | 18 | | either employ or contract with at least 4 licensed
plumbers | 19 | | who shall install or be responsible for the
installation of | 20 | | every
lawn sprinkler system installed after the effective date | 21 | | of this amendatory Act
of the 91st General Assembly.
A | 22 | | licensed plumber shall inspect the risers and sprinkler heads | 23 | | before
backfilling.
| 24 | | An irrigation contractor who has
registered with the | 25 | | Department 29 to 35
persons who are authorized to install or | 26 | | supervise the installation of lawn
sprinkler systems shall |
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| 1 | | either employ or contract with at least 5 licensed
plumbers | 2 | | who shall install or be responsible for the
installation of | 3 | | every
lawn sprinkler system installed after the effective date | 4 | | of this amendatory Act
of the 91st General Assembly.
A | 5 | | licensed plumber shall inspect the risers and sprinkler heads | 6 | | before
backfilling.
| 7 | | An irrigation contractor who has
registered with the | 8 | | Department 36 or more
persons who are authorized to install or | 9 | | supervise the installation of lawn
sprinkler systems shall | 10 | | either employ or contract with at least 6 licensed
plumbers | 11 | | who shall install or be responsible for the
installation of | 12 | | every
lawn sprinkler system installed after the effective date | 13 | | of this amendatory Act
of the 91st General Assembly.
A | 14 | | licensed plumber shall inspect the risers and sprinkler heads | 15 | | before
backfilling.
| 16 | | The Department may provide by rule for the temporary | 17 | | waiver process for
registered irrigation contractors who are | 18 | | unable to comply with the
requirements of this subsection. | 19 | | When a temporary waiver is granted, it shall
not be for a | 20 | | duration of more than 3 consecutive months. Upon the | 21 | | expiration
of a temporary waiver issued by the Department, the
| 22 | | registered irrigation
contractor shall demonstrate that | 23 | | justifiable reasons exist why he or she is
still unable to | 24 | | comply with the requirements of this subsection, despite good
| 25 | | faith efforts to comply with the requirements. In no case | 26 | | shall a temporary
waiver be granted for an irrigation |
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| 1 | | contractor for more than a total of 6
months in a 2-year | 2 | | two-year period. In no case shall an irrigation
contractor be | 3 | | relieved of the requirement that a licensed plumber
shall | 4 | | inspect every sprinkler system installed by an
irrigation | 5 | | contractor to ensure the provisions of this Section have been | 6 | | met
and that the system works mechanically and make the | 7 | | physical connection
between a sprinkler system and the | 8 | | backflow prevention device.
| 9 | | (e) No person shall attach to a lawn sprinkler system any | 10 | | fixture intended
to supply water for human consumption.
| 11 | | No person shall attach to a lawn sprinkler system any | 12 | | fixture other
than the backflow prevention device, sprinkler | 13 | | heads, valves, and other parts
integral to the operation of | 14 | | the system, unless the fixture is clearly marked
as being for | 15 | | non-potable uses only.
| 16 | | (f) A college, university, trade school, vocational | 17 | | school, or association that has established a program | 18 | | providing a course of instruction in lawn sprinkler design and | 19 | | installation may submit a letter to the Department requesting | 20 | | approval of its program or course of instruction.
| 21 | | The request for approval shall include information on the | 22 | | curriculum offered by the program and the qualifications of | 23 | | the organization. The course shall consist of a minimum of 2 | 24 | | days of classroom education and an exam and shall include a | 25 | | provision for continuing education. | 26 | | The Department shall evaluate the curriculum and |
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| 1 | | organization before making a determination to approve or deny | 2 | | a request for approval.
| 3 | | In addition to providing to the Department the names of | 4 | | licensed plumbers who are employed by or contract with an | 5 | | irrigation contractor, an irrigation contractor must also | 6 | | provide to the Department the names of employees who have | 7 | | successfully completed an approved course on the installation | 8 | | of lawn sprinkler systems and proof that the course was | 9 | | successfully completed and that continuing education is also | 10 | | being completed.
| 11 | | (g) All automatically operated lawn sprinkler systems | 12 | | shall have furnished and installed technology that inhibits or | 13 | | interrupts operation of the landscape irrigation system during | 14 | | periods of sufficient moisture or rainfall. The technology | 15 | | must be adjustable either by the end user or the irrigation | 16 | | contractor. | 17 | | This subsection (g) does not apply to systems operating on | 18 | | golf courses or agricultural lands. | 19 | | The requirements of this subsection (g) apply to all | 20 | | landscape irrigation systems installed after January 1, 2009.
| 21 | | (Source: P.A. 94-101, eff. 1-1-08; 95-421, eff. 1-1-09 .)
| 22 | | (225 ILCS 320/29.5)
| 23 | | Sec. 29.5. Unlicensed and unregistered practice; | 24 | | violation; civil
penalties. | 25 | | (a) A person who practices, offers to practice, attempts |
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| 1 | | to practice, or
holds himself or herself out to practice as a | 2 | | plumber or plumbing
contractor without being licensed
or | 3 | | registered under this Act, shall, in addition to any other | 4 | | penalty provided by law, pay a civil penalty to
the Department | 5 | | in an amount not to exceed $5,000 for each offense as | 6 | | determined
by the Department. The civil penalty shall be | 7 | | assessed by the Department after
a hearing is held in | 8 | | accordance with the provisions set forth in this Act
regarding | 9 | | the provision of a hearing for the discipline of a licensee or
| 10 | | registrant.
| 11 | | (b) The Department has the authority and power to | 12 | | investigate any person who
practices, offers to practice, | 13 | | attempts to practice, or holds himself or
herself
out to | 14 | | practice as a plumber or plumbing contractor without being | 15 | | licensed
or registered under this Act, or as an
irrigation | 16 | | contractor without being
registered under this Act.
| 17 | | (c) The civil penalty shall be paid within 60 days after | 18 | | the effective date
of the order imposing the civil penalty. | 19 | | The order shall constitute a judgment
and may be filed and | 20 | | execution had on the judgment in the same manner as a
judgment
| 21 | | from a court of record. All fines and penalties collected by | 22 | | the Department
under this Section of the Act and accrued | 23 | | interest shall be deposited
into the Plumbing Licensure and | 24 | | Program Fund for use by the Department in
performing | 25 | | activities relating to the administration and enforcement of | 26 | | this
Act.
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| 1 | | (d) A person who practices, offers to practice, or holds | 2 | | himself or herself out to practice as an irrigation contractor | 3 | | without being registered under this Act shall be subject to | 4 | | the following: | 5 | | (1) For a first offense:
| 6 | | (A) Where no violations of the Illinois Plumbing | 7 | | Code are found, the person shall pay a civil penalty of | 8 | | $1,000 and may be referred to the State's Attorney or | 9 | | the Attorney General for prosecution under Section 29 | 10 | | of this Act. | 11 | | (B) Where violations of the Illinois Plumbing Code | 12 | | are found, the person shall pay a civil penalty of | 13 | | $3,000 (the amount of $3,000 may be reduced to $1,000 | 14 | | upon the condition that the unregistered person pays | 15 | | for a licensed plumber who is acceptable to the other | 16 | | party to the original contract or agreement to correct | 17 | | the violations of the Illinois Plumbing Code) and may | 18 | | be referred to the State's Attorney or the Attorney | 19 | | General for prosecution under Section 29 of this Act.
| 20 | | (2) For a second offense: | 21 | | (A) Where no violations of the Illinois Plumbing | 22 | | Code are found, the person shall pay a civil penalty of | 23 | | $3,000 and may be referred to the State's Attorney or | 24 | | the Attorney General for prosecution under Section 29 | 25 | | of this Act.
| 26 | | (B) Where violations of the Illinois Plumbing Code |
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| 1 | | are found, the person shall pay a civil penalty of | 2 | | $5,000 (the amount of $5,000 may be reduced to $3,000 | 3 | | upon the condition that the unregistered person pays | 4 | | for a licensed plumber who is acceptable to the other | 5 | | party to the original contract or agreement to correct | 6 | | the violations of the Illinois Plumbing Code) and may | 7 | | be referred to the State's Attorney or the Attorney | 8 | | General for prosecution under Section 29 of this Act. | 9 | | (3) For a third or subsequent offense, the person | 10 | | shall pay a civil penalty of $5,000 and be referred to the | 11 | | State's Attorney or the Attorney General for prosecution | 12 | | under Section 29 of this Act.
| 13 | | (e) A registered irrigation contractor, firm, corporation, | 14 | | partnership, or association that directs, authorizes, or | 15 | | allows a person to practice, offer to practice, attempt to | 16 | | practice, or hold himself or herself out to practice as an | 17 | | irrigation employee without being registered under the | 18 | | provisions of this Act, shall be subject to the following: | 19 | | (1) For a first offense, the registrant:
| 20 | | (A) shall pay a civil penalty of $10,000 $5,000 ;
| 21 | | (B) shall be required to pay for a licensed | 22 | | plumber who is acceptable to the other party to the | 23 | | original contract or agreement to correct any | 24 | | violations of the Illinois Plumbing Code;
| 25 | | (C) shall have his, her, or its plumbing license | 26 | | suspended; and |
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| 1 | | (D) may be referred to the State's Attorney or the | 2 | | Attorney General for prosecution under Section 29 of | 3 | | this Act. | 4 | | (2) For a second offense, the registrant:
| 5 | | (A) shall pay a civil penalty of $10,000 $5,000 ; | 6 | | (B) shall be required to pay for a licensed | 7 | | plumber who is acceptable to the other party to the | 8 | | original contract or agreement to correct any | 9 | | violations of the Illinois Plumbing Code; | 10 | | (C) shall have his, her, or its registration | 11 | | revoked; and | 12 | | (D) shall be referred to the State's Attorney or | 13 | | the Attorney General for prosecution under Section 29 | 14 | | of this Act. | 15 | | (f) If the inspecting licensed plumber does not inspect | 16 | | every sprinkler system installed by an irrigation contractor | 17 | | to ensure the provisions of this Act have been met and that the | 18 | | system works mechanically or signs off on the installation | 19 | | without making the physical connection between a lawn | 20 | | sprinkler system and the backflow prevention device, the | 21 | | licensed plumber: | 22 | | (1) shall pay a civil penalty of $10,000; | 23 | | (2) shall be required to pay for a licensed plumber | 24 | | who is acceptable to the other party to the original | 25 | | contract or agreement to correct any violations of the | 26 | | Act; |
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| 1 | | (3) shall have his, her, or its plumbing license | 2 | | suspended; and | 3 | | (4) may be referred to the State's Attorney or the | 4 | | Attorney General for prosecution under Section 29 of this | 5 | | Act.
| 6 | | (Source: P.A. 94-101, eff. 1-1-08 .)".
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