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90_HB0791eng 225 ILCS 320/14 from Ch. 111, par. 1113 Amends the Illinois Plumbing License Law to allow the Department of Professional Regulation to set minimum continuing education requirements. Effective immediately. LRB9003806DPgc HB0791 Engrossed LRB9003806DPgc 1 AN ACT to amend the Illinois Plumbing License Law by 2 changing Sections 3, 14, 18, and 37 and adding Sections 4 and 3 29.5. 4 Be it enacted by the People of the State of Illinois, 5 represented in the General Assembly: 6 Section 5. The Illinois Plumbing License Law is amended 7 by changing Sections 3, 14, 18, and 37 and adding Sections 4 8 and 29.5 as follows: 9 (225 ILCS 320/3) (from Ch. 111, par. 1103) 10 Sec. 3. License requirement; qualifications. 11 (1) All planning and designing of plumbing systems and 12 all plumbing shall be performed only by plumbers licensed 13 under the provisions of this Act hereinafter called "licensed 14 plumbers" and "licensed apprentice plumbers". The inspection 15 of plumbing and plumbing systems shall be done only by the 16 sponsor or his or her agent who shall be an Illinois licensed 17 plumber. Nothing herein contained shall prohibit licensed 18 plumbers or licensed apprentice plumbers under supervision 19 from planning, designing, inspecting, installing, repairing, 20 maintaining, altering or extending building sewers in 21 accordance with this Act. No person who holds a license or 22 certificate of registration under the Illinois Architecture 23 Practice Act of 1989, or the Structural Engineering Licensing 24 Act of 1989, or the Professional Engineering Practice Act of 25 1989 shall be prevented from planning and designing plumbing 26 systems. 27 (2) Nothing herein contained shall prohibit the owner 28 occupant or lessee occupant of a single family residence, or 29 the owner of a single family residence under construction for 30 his or her occupancy, from planning, installing, altering or 31 repairing the plumbing system of such residence, provided HB0791 Engrossed -2- LRB9003806DPgc 1 that (i) such plumbing shall comply with the minimum 2 standards for plumbing contained in the Illinois State 3 Plumbing Code, and shall be subject to inspection by the 4 Department or the local governmental unit if it retains a 5 licensed plumber as an inspector; and (ii) such owner, owner 6 occupant or lessee occupant shall not employ other than a 7 plumber licensed pursuant to this Act to assist him or her. 8 For purposes of this subsection, a person shall be 9 considered an "occupant" if and only if he or she has taken 10 possession of and is living in the premises as his or her 11 bona fide sole and exclusive residence, or, in the case of 12 an owner of a single family residence under construction for 13 his or her occupancy, he or she expects to take possession of 14 and live in the premises as his or her bona fide sole and 15 exclusive residence, and he or she has a current intention to 16 live in such premises as his or her bona fide sole and 17 exclusive residence for a period of not less than 6 months 18 after the completion of the plumbing work performed pursuant 19 to the authorization of this subsection, or, in the case of 20 an owner of a single family residence under construction for 21 his or her occupancy, for a period of not less than 6 months 22 after the completion of construction of the residence. 23 Failure to possess and live in the premises as a sole and 24 exclusive residence for a period of 6 months or more shall 25 create a rebuttable presumption of a lack of such intention. 26 (3) The employees of a firm, association, partnership or 27 corporation who engage in plumbing shall be licensed plumbers 28 or licensed apprentice plumbers. At least one member of every 29 firm, association or partnership engaged in plumbing work, 30 and at least one corporate officer of every corporation 31 engaged in plumbing work, as the case may be, shall be a 32 licensed plumber. A retired plumber cannot fulfill the 33 requirements of this subsection (3). 34 (4) (a) A licensed apprentice plumber shall plan, design HB0791 Engrossed -3- LRB9003806DPgc 1 and install plumbing only under the supervision of the 2 sponsor or his or her agent who is also an Illinois 3 licensed plumber. 4 (b) An applicant for licensing as an apprentice 5 plumber shall be at least 16 years of age and apply on 6 the application form provided by the Department. Such 7 application shall verify that the applicant is sponsored 8 by an Illinois licensed plumber or an approved 9 apprenticeship program and shall contain the name and 10 license number of the licensed plumber or program 11 sponsor. 12 (c) No licensed plumber shall sponsor more than 2 13 licensed apprentice plumbers at the same time. If 2 14 licensed apprentice plumbers are sponsored by a plumber 15 at the same time, one of the apprentices must have, at a 16 minimum, 2 years experience as a licensed apprentice. No 17 licensed plumber sponsor or his or her agent may 18 supervise 2 licensed apprentices with less than 2 years 19 experience at the same time. The sponsor or agent shall 20 supervise and be responsible for the plumbing performed 21 by a licensed apprentice. 22 (d) No agent shall supervise more than 2 licensed 23 apprentices at the same time. 24 (e) No licensed plumber may, in any capacity, 25 supervise more than 2 licensed apprentice plumbers at the 26 same time. 27 (f) No approved apprenticeship program may sponsor 28 more licensed apprentices than 2 times the number of 29 licensed plumbers available to supervise those licensed 30 apprentices. 31 (g) No approved apprenticeship program may sponsor 32 more licensed apprentices with less than 2 years 33 experience than it has licensed plumbers available to 34 supervise those licensed apprentices. HB0791 Engrossed -4- LRB9003806DPgc 1 (h) No individual shall work as an apprentice 2 plumber unless he or she is properly licensed under this 3 Act. The Department shall issue an apprentice plumber's 4 license to each approved applicant. 5 (i) No licensed apprentice plumber shall serve more 6 than a 6 year licensed apprenticeship period. If, upon 7 completion of a 6 year licensed apprenticeship period, 8 such licensed apprentice plumber does not apply for the 9 examination for a plumber's license and successfully pass 10 the examination for a plumber's license, his or her 11 apprentice plumber's license shall not be renewed. 12 Nothing contained in P.A. 83-878, entitled "An Act in 13 relation to professions", approved September 26, 1983, was 14 intended by the General Assembly nor should it be construed 15 to require the employees of a governmental unit or privately 16 owned municipal water supplier who operate, maintain or 17 repair a water or sewer plant facility which is owned or 18 operated by such governmental unit or privately owned 19 municipal water supplier to be licensed plumbers under this 20 Act. In addition, nothing contained in P.A. 83-878 was 21 intended by the General Assembly nor should it be construed 22 to permit persons other than licensed plumbers to perform the 23 installation, repair, maintenance or replacement of plumbing 24 fixtures, such as toilet facilities, floor drains, showers 25 and lavatories, and the piping attendant to those fixtures, 26 within such facility or in the construction of a new 27 facility. 28Nothing contained in P.A. 83-878, entitled "An Act in29relation to professions", approved September 26, 1983, was30intended by the General Assembly nor should it be construed31to require the employees of a governmental unit or privately32owned municipal water supplier who install, repair or33maintain water service lines from water mains in the street,34alley or curb line to private property lines and who install,HB0791 Engrossed -5- LRB9003806DPgc 1repair or maintain water meters to be licensed plumbers under2this Act if such work was customarily performed prior to the3effective date of such Act by employees of such governmental4unit or privately owned municipal water supplier who were not5licensed plumbers. Any such work which was customarily6performed prior to the effective date of such Act by persons7who were licensed plumbers or subcontracted to persons who8were licensed plumbers must continue to be performed by9persons who are licensed plumbers or subcontracted to persons10who are licensed plumbers. When necessary under this Act,11the Department shall make the determination whether or not12persons who are licensed plumbers customarily performed such13work.14 (Source: P.A. 89-665, eff. 8-14-96.) 15 (225 ILCS 320/4 new) 16 Sec. 4. Water main installations. The installation of 17 water supply or water service piping from a water main 18 located in a street, alley, or curb line to a building where 19 a person lives or works or persons assemble shall be 20 performed only by a plumber or an apprentice plumber licensed 21 under this Act or a person licensed as a plumber by a city, 22 village, or incorporated town having a population of 500,000 23 or more pursuant to Section 16 of this Act. All such plumbing 24 work shall be supervised by a responsible plumber licensed by 25 the Department or by a city, village, or incorporated town 26 pursuant to Section 16 of this Act. Whenever apprentice 27 plumbers licensed by the Department or by a city, village, or 28 incorporated town pursuant to Section 16 perform 29 installations, they shall be under supervision, as defined in 30 Section 2 of this Act. 31 Nothing contained in this Section or P.A. 83-878 is 32 intended by the General Assembly to require, nor should it be 33 construed to require, the employees of a governmental unit or HB0791 Engrossed -6- LRB9003806DPgc 1 privately-owned municipal water supplier who install, repair, 2 or maintain water service lines from water mains in the 3 street, alley, or curb line to private property lines and who 4 install, repair, or maintain water meters to be licensed 5 plumbers under this Act if such work was customarily 6 performed prior to September 26, 1983 by employees of the 7 governmental unit or privately-owned municipal water supplier 8 who were not licensed plumbers. Any such work that was 9 customarily performed prior to September 26, 1983 by persons 10 who were licensed plumbers or subcontracted to persons who 11 were licensed plumbers must continue to be performed by 12 persons who are licensed plumbers or subcontracted to persons 13 who are licensed plumbers. When necessary under this Act, the 14 Department shall make the determination whether or not 15 persons who are licensed plumbers customarily performed such 16 work. 17 (225 ILCS 320/14) (from Ch. 111, par. 1113) 18 Sec. 14. License renewal; continuing education. All 19 plumber's licenses and apprentice plumber's licenses issued 20 under this Act shall expire on April 30 next following date 21 of issuance. The term for retired plumber's licenses shall be 22 prescribed by Department rule after consultation with the 23 Board of Plumbing Examiners. 24 An apprentice plumber's license shall also expire the 25 date that the licensed plumber sponsor of such licensed 26 apprentice plumber severs his or her sponsor status with the 27 licensed apprentice plumber. The licensed plumber sponsor 28 shall immediately notify the Department of the severance of 29 his or her relationship with the licensed apprentice plumber. 30 Such apprentice plumber may, on forms provided by the 31 Department, apply for reinstatement of his or her apprentice 32 license by submitting to the Department a new application and 33 new apprentice plumber's license fee. The application shall HB0791 Engrossed -7- LRB9003806DPgc 1 verify that the applicant for reinstatement of his or her 2 apprentice plumber's license is sponsored by an Illinois 3 licensed plumber. If the applicant is employed by a firm, 4 the application shall contain the name and license number of 5 an Illinois licensed plumber employee of the firm or name and 6 license number of an Illinois licensed plumber member of the 7 firm, or name and Illinois plumber's license number of an 8 officer of a corporation who is the sponsor. Licensed 9 apprentice plumbers shall not accumulate more than 6 years as 10 a licensed apprentice plumber. 11 In consultation with the Board, the Department shall 12 require by rule that each licensed plumber annually complete 13 a minimum number of hours of classroom instruction and 14 provide evidence of attending the classes before receiving a 15 renewal plumber license. A continuing education requirement 16 established by the Department for all licensed plumbers shall 17 not exceed 15 hours per year. In addition, the Department 18 shall by rule establish guidelines for additional continuing 19 education to be required for licensed plumbers found to have 20 committed repeated Plumbing Code violations. In support of 21 these requirements, the Department shall by rule establish 22 curricula for continuing education and requirements for 23 instructors and may certify instructors and training programs 24 and schools for continuing education. 25 A plumber's license and an apprentice plumber's license 26 may be renewed for a period of one year from each succeeding 27 May 1st upon payment prior to May 1st of the required renewal 28 fee and submission of required evidence of successful 29 completion of any required continuing education courses. 30 Application for renewal shall be on forms provided by the 31 Department. An application for renewal of licenses received 32 by the Department after May 1st shall include the annual 33 renewal fees plus reinstatement fees, provided that the 34 apprentice plumber's application is received by November 1 of HB0791 Engrossed -8- LRB9003806DPgc 1 the same year. 2 A plumber licensed pursuant to this Act whose license has 3 been expired for a period of less than 5 years may apply to 4 the Department for reinstatement of his or her plumber's 5 license. The Department shall issue such license renewal 6 provided the applicant pays to the Department all lapsed 7 renewal fees, plus the reinstatement fee. A plumber 8 licensed pursuant to this Act who has permitted his or her 9 license to expire for more than 5 years may apply, in 10 writing, to the Department for restoration of his or her 11 license. The Department shall restore his or her license 12 provided he or she pays to the Department the required 13 restoration fee and shall successfully pass the examination 14 for an Illinois plumber's license. The restoration fee 15 includes the applicant's examination fee. Failure by the 16 applicant to successfully pass the plumber's license 17 examination shall be sufficient grounds for the Department to 18 withhold issuance of the requested restoration of the 19 applicant's plumber's license. The applicant may retake the 20 examination in accordance with the provisions of this Act. 21 A retired plumber licensed under this Act who has 22 surrendered his or her plumber's license for a period of less 23 than 5 years may apply to the Department for reinstatement of 24 his or her plumber's license. The Department shall renew the 25 license provided the applicant pays to the Department any 26 reinstatement fee required by Department rule. A retired 27 plumber licensed under this Act who has surrendered his or 28 her plumber's license for a period of more than 5 years may 29 apply in writing to the Department for restoration of his or 30 her license. The Department shall restore his or her license 31 provided he or she pays to the Department the restoration fee 32 required by Department rule and successfully passes the 33 examination for an Illinois plumber's license. The 34 restoration fee includes the applicant's examination fee. HB0791 Engrossed -9- LRB9003806DPgc 1 Failure by the applicant to successfully pass the plumber's 2 license examination shall be sufficient grounds for the 3 Department to withhold issuance of the requested restoration 4 of the applicant's plumber's license. The applicant may 5 retake the examination in accordance with the provisions of 6 this Act. 7 (Source: P.A. 89-665, eff. 8-14-96.) 8 (225 ILCS 320/18) (from Ch. 111, par. 1117) 9 Sec. 18. Local regulation; Department standards. 10 (1) It is hereby declared to be the policy of this State 11 that each city, town, village, township or county with a 12 water supply system or sewage disposal system or both should 13 so soon after the enactment of this Act as practicable, with 14 the advice of the State Department of Public Health, provide 15 by ordinance, bylaws or rules and regulations for the 16 materials, construction, alteration, and inspection of all 17 plumbing placed in or in connection with any building in any 18 such city, town, village, township, or county and to provide 19 for and appoint a competent Plumbing Inspector or more as 20 required. The Department may by rule establish voluntary 21 standards for the content and conduct of local plumbing 22 regulation and inspection programs and may evaluate and 23 certify local programs that are in compliance with the 24 voluntary standards. The Department may by rule establish 25 voluntary education, training, and experience standards for 26 Plumbing Inspectors and may certify Plumbing Inspectors who 27 are in compliance with the voluntary standards. Nothing 28 contained in this Act shall prohibit any city, town, village, 29 township or county from providing for a Plumbing Inspector or 30 from requiring permits for the installation and repair of 31 plumbing and collecting a fee therefor; however, no city, 32 town, village, township, or county shall charge or collect a 33 fee for a permit unless the installation or repair of HB0791 Engrossed -10- LRB9003806DPgc 1 plumbing is inspected by a competent Plumbing Inspector. No 2 person shall be appointed as a Plumbing Inspector who is not 3 a licensed plumber under this Act, including persons employed 4 as Plumbing Inspectors in home rule units. 5 (2) The Department of Public Health shall conduct 6 inquiry in any city, town, village, township, or county or at 7 any other place in the State when reasonably necessary in the 8 judgment of the Director of the Department of Public Health 9 to safeguard the health of any person or persons in this 10 State, on account of piping or appurtenant appliances within 11 any building, or outside, when such piping and appliances are 12 for the use of plumbing as defined in this Act and for the 13 use of carrying sewage or waste within or from any building. 14 The Department of Public Health may conduct such 15 inquiries in any city, town, village, township or county in 16 this State by directing the Plumbing Inspector thereof to aid 17 in or conduct such inquiry or investigation in behalf of the 18 Department of Public Health or the Department of Public 19 Health may designate some other person or persons to conduct 20 such investigation. 21 (Source: P.A. 83-1362.) 22 (225 ILCS 320/29.5 new) 23 Sec. 29.5. Unlicensed practice; violation; civil penalty. 24 (a) A person who practices, offers to practice, attempts 25 to practice, or holds himself or herself out to practice as a 26 plumber without being licensed under this Act shall, in 27 addition to any other penalty provided by law, pay a civil 28 penalty to the Department in an amount not to exceed $5,000 29 for each offense as determined by the Department. The civil 30 penalty shall be assessed by the Department after a hearing 31 is held in accordance with the provisions set forth in this 32 Act regarding the provision of a hearing for the discipline 33 of a licensee. HB0791 Engrossed -11- LRB9003806DPgc 1 (b) The Department has the authority and power to 2 investigate any and all unlicensed activity as specified in 3 subsection (a). 4 (c) The civil penalty shall be paid within 60 days after 5 the effective date of the order imposing the civil penalty. 6 The order shall constitute a judgment and may be filed and 7 execution had on the judgment in the same manner as a 8 judgment from a court of record. All fines and penalties 9 collected by the Department under this Section of the Act and 10 accrued interest shall be deposited into the Plumbing 11 Licensure and Program Fund for use by the Department in 12 performing activities relating to the administration and 13 enforcement of this Act. 14 (225 ILCS 320/37) (from Ch. 111, par. 1135) 15 Sec. 37. Local certification. Each governmental unit 16 which is authorized to adopt and has adopted any ordinance or 17 resolution regulating plumbing may provide for its 18 administration and enforcement by requiring permits for any 19 plumbing system installation, the inspection of plumbing 20 system installations by inspectors who are licensed as 21 plumbers in accordance with the Illinois Plumbing License 22 Law, and the issue of certificates of approval or compliance 23 which shall be evidence that a plumbing system has been 24 installed in compliance with the Code of standards so 25 adopted. 26 A governmental unit authorized to adopt regulations may, 27 by ordinance or resolution, prescribe reasonable fees for the 28 issue of permits for installation work, the issue of 29 certificates of compliance or approval, and for the 30 inspection of plumbing installations; however, no 31 governmental unit authorized to adopt regulations shall 32 charge or collect fees for the issuance of permits for 33 installation work, for the issuance of certificates of HB0791 Engrossed -12- LRB9003806DPgc 1 compliance or approval, or for the inspection of plumbing 2 installations unless the plumbing installation or repair has 3 been inspected by a competent Plumbing Inspector as required 4 by this Act. 5 (Source: P.A. 79-1000.) 6 Section 99. Effective date. This Act takes effect upon 7 becoming law.