Full Text of HB5913 99th General Assembly
HB5913enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 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 by | 5 | | changing Sections 3, 8, and 10 as follows:
| 6 | | (225 ILCS 320/3) (from Ch. 111, par. 1103)
| 7 | | Sec. 3.
(1) All planning and designing of plumbing systems
| 8 | | and all plumbing shall be performed only by plumbers licensed | 9 | | under the
provisions of this Act hereinafter called "licensed | 10 | | plumbers" and "licensed
apprentice plumbers". The inspection | 11 | | of plumbing and plumbing systems
shall be done only by the | 12 | | sponsor or his or her agent who shall be an Illinois
licensed | 13 | | plumber. Nothing herein contained shall prohibit licensed
| 14 | | plumbers or licensed apprentice plumbers under supervision | 15 | | from planning,
designing, inspecting, installing, repairing, | 16 | | maintaining, altering or
extending building sewers in | 17 | | accordance with this Act. No person who holds
a license or | 18 | | certificate of registration under the Illinois Architecture
| 19 | | Practice Act of 1989, or the Structural Engineering
Practice | 20 | | Act of 1989,
or the Professional Engineering Practice Act of | 21 | | 1989 shall be prevented
from planning and designing plumbing | 22 | | systems. Each licensed plumber shall, as a condition of each | 23 | | annual license renewal after the first license, provide proof |
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| 1 | | of completion of 4 hours of continuing education. Sponsors of | 2 | | continuing education shall meet the criteria provided by the | 3 | | Board of Plumbing Examiners and Plumbing Code advisory council. | 4 | | Continuing education courses shall provide instruction in | 5 | | plumbing, which is supervised directly by an Illinois licensed | 6 | | plumber only.
| 7 | | (2) Nothing herein contained shall prohibit the owner | 8 | | occupant or lessee
occupant of a single family residence, or | 9 | | the owner of a single family
residence under construction for | 10 | | his or her occupancy, from planning,
installing, altering or | 11 | | repairing the plumbing system of such residence,
provided that | 12 | | (i) such plumbing shall comply with the minimum standards for
| 13 | | plumbing contained in the Illinois State Plumbing Code, and | 14 | | shall be
subject to inspection by the Department or the local | 15 | | governmental unit if
it retains a licensed plumber as an | 16 | | inspector; and (ii) such owner, owner
occupant or lessee | 17 | | occupant shall not employ other than a plumber licensed
| 18 | | pursuant to this Act to assist him or her.
| 19 | | For purposes of this subsection, a person shall be | 20 | | considered an "occupant"
if and only if he or she has taken | 21 | | possession of and is living in the premises
as his or her bona | 22 | | fide sole and exclusive residence, or, in the case of
an owner | 23 | | of a single family residence under construction for his or her
| 24 | | occupancy, he or she expects to take possession of and live in | 25 | | the premises
as his or her bona fide sole and exclusive | 26 | | residence, and he or she has a
current intention to live in |
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| 1 | | such premises as his or her bona fide sole and
exclusive | 2 | | residence for a period of not less than 6 months after the
| 3 | | completion of the plumbing work performed pursuant to the | 4 | | authorization of
this subsection, or, in the case of an owner | 5 | | of a single family residence
under construction for his or her | 6 | | occupancy, for a period
of not less than 6 months after the | 7 | | completion of construction of the
residence. Failure to possess | 8 | | and live in the premises as a sole and
exclusive residence for | 9 | | a period of 6 months or more shall create a
rebuttable | 10 | | presumption of a lack of such intention.
| 11 | | (3) The employees of a firm, association, partnership or | 12 | | corporation who
engage in plumbing shall be licensed plumbers | 13 | | or licensed apprentice plumbers.
At least one member of every | 14 | | firm, association or partnership engaged in
plumbing work, and | 15 | | at least one corporate officer of every corporation
engaged in | 16 | | plumbing work, as the case may be, shall be a licensed plumber.
| 17 | | A retired plumber cannot fulfill the requirements of this | 18 | | subsection (3).
Plumbing contractors are also required to be | 19 | | registered pursuant to the
provisions of this Act.
| 20 | | Notwithstanding the provisions of this subsection (3), it | 21 | | shall be lawful
for
an irrigation
contractor registered under | 22 | | Section 2.5 of this Act to employ or contract with
one or more | 23 | | licensed plumbers in connection
with work on lawn sprinkler | 24 | | systems pursuant to Section 2.5 of this Act.
| 25 | | (4) (a) A licensed apprentice plumber shall plan, design | 26 | | and install
plumbing only under the supervision of the |
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| 1 | | sponsor or his or her agent who is
also an Illinois | 2 | | licensed plumber.
| 3 | | (b) An applicant for licensing as an apprentice plumber | 4 | | shall be at
least 16 years of age and apply on the | 5 | | application form provided by the
Department. Such | 6 | | application shall verify that the applicant is sponsored
by | 7 | | an Illinois licensed plumber or an approved apprenticeship | 8 | | program and
shall contain the name and license number of | 9 | | the licensed plumber or program
sponsor.
| 10 | | (c) No licensed plumber shall sponsor more than 2 | 11 | | licensed apprentice
plumbers at the same time. If 2 | 12 | | licensed apprentice plumbers are sponsored
by a plumber at | 13 | | the same time, one of the apprentices must have, at a
| 14 | | minimum, 2 years experience as a licensed apprentice. No | 15 | | licensed plumber
sponsor or his or her agent may supervise | 16 | | 2 licensed apprentices with less
than 2 years experience at | 17 | | the same time. The sponsor or agent shall
supervise and be | 18 | | responsible for the plumbing performed by a licensed
| 19 | | apprentice.
| 20 | | (d) No agent shall supervise more than 2 licensed | 21 | | apprentices at the
same time.
| 22 | | (e) No licensed plumber may, in any capacity, supervise | 23 | | more than 2
licensed apprentice plumbers at the same time.
| 24 | | (f) No approved apprenticeship program may sponsor | 25 | | more licensed
apprentices than 2 times the number of | 26 | | licensed plumbers available to
supervise those licensed |
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| 1 | | apprentices.
| 2 | | (g) No approved apprenticeship program may sponsor | 3 | | more licensed
apprentices with less than 2 years experience | 4 | | than it has licensed plumbers
available to supervise those | 5 | | licensed apprentices.
| 6 | | (h) No individual shall work as an apprentice plumber | 7 | | unless he or she
is properly licensed under this Act. The | 8 | | Department shall issue an
apprentice plumber's license to | 9 | | each approved applicant.
| 10 | | (i) No licensed apprentice plumber shall serve more | 11 | | than a 6 year licensed
apprenticeship period. If, upon | 12 | | completion of a 6 year licensed
apprenticeship period, such | 13 | | licensed apprentice plumber does not apply for
the | 14 | | examination for a plumber's license and successfully pass | 15 | | the
examination for a plumber's license, his or her | 16 | | apprentice plumber's
license shall not be renewed.
| 17 | | Nothing contained in P.A. 83-878, entitled "An Act in | 18 | | relation to
professions", approved September 26, 1983, was | 19 | | intended by the General
Assembly nor should it be construed to | 20 | | require the employees of a
governmental unit or privately owned | 21 | | municipal water supplier who operate,
maintain or repair a | 22 | | water or sewer plant facility which is owned or
operated by | 23 | | such governmental unit or privately owned municipal water
| 24 | | supplier to be licensed plumbers under this Act. In addition, | 25 | | nothing
contained in P.A. 83-878 was intended by the General | 26 | | Assembly nor should it
be construed to permit persons other |
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| 1 | | than licensed plumbers to perform the
installation, repair, | 2 | | maintenance or replacement of plumbing fixtures, such
as toilet | 3 | | facilities, floor drains, showers and lavatories, and the | 4 | | piping
attendant to those fixtures, within such facility or in | 5 | | the construction of
a new facility.
| 6 | | Nothing contained in P.A. 83-878, entitled "An Act in | 7 | | relation to
professions", approved September 26, 1983, was | 8 | | intended by the General
Assembly nor should it be construed to | 9 | | require the employees of a
governmental unit or privately owned | 10 | | municipal water supplier who install,
repair or maintain water | 11 | | service lines from water mains in the street, alley
or curb | 12 | | line to private property lines and who install, repair or | 13 | | maintain
water meters to be licensed plumbers under this Act if | 14 | | such work was
customarily performed prior to the effective date | 15 | | of such Act by employees
of such governmental unit or privately | 16 | | owned municipal water supplier who
were not licensed plumbers. | 17 | | Any such work which was customarily performed
prior to the | 18 | | effective date of such Act by persons who were licensed
| 19 | | plumbers or subcontracted to persons who were licensed plumbers | 20 | | must
continue to be performed by persons who are licensed | 21 | | plumbers or
subcontracted to persons who are licensed plumbers. | 22 | | When necessary under
this Act, the Department shall make the | 23 | | determination whether or not
persons who are licensed plumbers | 24 | | customarily performed such work.
| 25 | | (Source: P.A. 91-91, eff. 1-1-00; 91-678, eff. 1-26-00; 92-338, | 26 | | eff. 8-10-01.)
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| 1 | | (225 ILCS 320/8) (from Ch. 111, par. 1107)
| 2 | | Sec. 8. The Director shall:
| 3 | | (1) Prepare forms for application for examination for a | 4 | | plumber's license.
| 5 | | (2) Prepare and issue licenses as provided in this Act.
| 6 | | (3) With the aid of the Board prescribe rules and | 7 | | regulations for
examination of applicants for plumber's | 8 | | licenses.
| 9 | | (4) With the aid of the Board prepare and give uniform and | 10 | | comprehensive
examinations to applicants for a plumber's | 11 | | license which shall test
their knowledge and qualifications in | 12 | | the planning and design of plumbing
systems, their knowledge, | 13 | | qualifications, and manual skills in plumbing,
and their | 14 | | knowledge of the State's minimum code of standards relating to
| 15 | | fixtures, materials, design and installation methods of | 16 | | plumbing
systems, promulgated pursuant to this Act.
| 17 | | (5) Issue a plumber's license and license renewal to every | 18 | | applicant who
has passed the examination and who has paid the | 19 | | required license and renewal
fee.
| 20 | | (6) Prescribe rules for hearings to deny, suspend, revoke | 21 | | or reinstate
licenses as provided in this Act.
| 22 | | (7) Maintain a current record showing (a) the names and | 23 | | addresses of
registered plumbing contractors,
licensed
| 24 | | plumbers, licensed apprentice plumbers, and licensed retired
| 25 | | plumbers, (b) the dates of issuance of
licenses, (c) the date |
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| 1 | | and substance of the charges set forth in any hearing
for | 2 | | denial, suspension or revocation of any license, (d) the date | 3 | | and substance
of the final order issued upon each such hearing, | 4 | | and (e) the date and
substance
of all petitions for | 5 | | reinstatement of license and final orders on such
petitions.
| 6 | | (8) Prescribe, in consultation with the Board, uniform and | 7 | | reasonable
rules defining what constitutes an approved course | 8 | | of instruction in plumbing,
in colleges, universities, or
trade | 9 | | schools, and approve or disapprove the courses of instruction | 10 | | offered
by such colleges, universities, or trade schools by | 11 | | reference to their
compliance
or noncompliance with such rules. | 12 | | Such rules shall be designed to assure
that an approved course | 13 | | of instruction will adequately teach the design,
planning, | 14 | | installation, replacement, extension, alteration and repair of
| 15 | | plumbing.
| 16 | | Each instructor participating in a program of instruction | 17 | | in plumbing shall be: | 18 | | (a) an Illinois licensed plumber; | 19 | | (b) an individual who possesses a provisional career and | 20 | | technical educator endorsement on an educator license, issued | 21 | | by the State Board of Education pursuant to Section 21B-20 of | 22 | | the School Code in a field related to plumbing, such as | 23 | | hydraulics, pneumatics, or water chemistry; or | 24 | | (c) a representative of an industry or a manufacturing | 25 | | business related to plumbing, including, but not limited to, | 26 | | the copper industry, plastic pipe industry, or cast iron |
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| 1 | | industry. Courses that are taught by industry representatives | 2 | | shall be educational and shall not be sales oriented. Industry | 3 | | representatives shall be assisted by an Illinois licensed | 4 | | plumber during the presentation of a course of instruction. | 5 | | The instructor shall provide verification of the license or | 6 | | certificate. A copy of the instructor's educator license will | 7 | | establish verification. | 8 | | (Source: P.A. 92-338, eff. 8-10-01.)
| 9 | | (225 ILCS 320/10) (from Ch. 111, par. 1109)
| 10 | | Sec. 10.
(1) An applicant for a plumber's license shall | 11 | | file a written
application in the office of the Department on | 12 | | the form designated by the
Department at least 30 days before | 13 | | the date set by the Department for the
examination.
| 14 | | (2) The Director shall promptly approve the application for | 15 | | examination if:
| 16 | | (a) the required application fee has been paid, and
| 17 | | (b) the applicant has submitted evidence that he or she | 18 | | is a citizen
of the United States or has declared his or | 19 | | her intention to become a
citizen, and
| 20 | | (c) the applicant has submitted evidence that he or she | 21 | | has completed
at least a 2 year course of study in a high | 22 | | school, or an equivalent
course of study, and
| 23 | | (d) the applicant has been employed as an Illinois | 24 | | licensed apprentice
plumber under supervision in | 25 | | accordance with this Act for at least 4 years
preceding the |
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| 1 | | date of application and has submitted evidence that he or | 2 | | she
has worked at the plumbing trade in accordance with | 3 | | this Act for the 4 year
Illinois licensed apprentice | 4 | | plumber apprenticeship period, or
| 5 | | (e) the applicant has submitted evidence that he or she | 6 | | has
successfully completed an approved course of | 7 | | instruction in plumbing supervised directly by an Illinois | 8 | | licensed plumber in
colleges, universities, or trade | 9 | | schools.
| 10 | | (3) If the application for examination is approved, the | 11 | | Department shall
promptly notify the applicant in writing of | 12 | | such approval and of the place
and time of the examination. If | 13 | | the application is disapproved, the Department
shall promptly | 14 | | notify the applicant in writing of such disapproval, stating
| 15 | | the reasons for disapproval.
| 16 | | (4) If an applicant neglects, fails or refuses to take an | 17 | | examination
for license under this Act, the application is | 18 | | denied. However, such
applicant may submit a new application | 19 | | for examination, accompanied by the
required application fee. | 20 | | Application fees for examination for a plumber's
license are | 21 | | not refundable.
| 22 | | (Source: P.A. 87-885.)
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