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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
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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
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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
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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.
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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.
28 Nothing contained in P.A. 83-878, entitled "An Act in
29 relation to professions", approved September 26, 1983, was
30 intended by the General Assembly nor should it be construed
31 to require the employees of a governmental unit or privately
32 owned municipal water supplier who install, repair or
33 maintain water service lines from water mains in the street,
34 alley or curb line to private property lines and who install,
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1 repair or maintain water meters to be licensed plumbers under
2 this Act if such work was customarily performed prior to the
3 effective date of such Act by employees of such governmental
4 unit or privately owned municipal water supplier who were not
5 licensed plumbers. Any such work which was customarily
6 performed prior to the effective date of such Act by persons
7 who were licensed plumbers or subcontracted to persons who
8 were licensed plumbers must continue to be performed by
9 persons who are licensed plumbers or subcontracted to persons
10 who are licensed plumbers. When necessary under this Act,
11 the Department shall make the determination whether or not
12 persons who are licensed plumbers customarily performed such
13 work.
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
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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
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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
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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.
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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
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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.
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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
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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.