[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ House Amendment 002 ] |
90_HB0791ham001
LRB9003806DPmbam01
1 AMENDMENT TO HOUSE BILL 791
2 AMENDMENT NO. . Amend House Bill 791 on page 1, in
3 lines 2 and 6, by replacing "Section 14", each time it
4 appears, with "Sections 3, 14, 18, and 37 and adding Sections
5 4 and 29.5"; and
6 on page 1, immediately below line 6, by inserting the
7 following:
8 "(225 ILCS 320/3) (from Ch. 111, par. 1103)
9 Sec. 3. License requirement; qualifications.
10 (1) All planning and designing of plumbing systems and
11 all plumbing shall be performed only by plumbers licensed
12 under the provisions of this Act hereinafter called "licensed
13 plumbers" and "licensed apprentice plumbers". The inspection
14 of plumbing and plumbing systems shall be done only by the
15 sponsor or his or her agent who shall be an Illinois licensed
16 plumber. Nothing herein contained shall prohibit licensed
17 plumbers or licensed apprentice plumbers under supervision
18 from planning, designing, inspecting, installing, repairing,
19 maintaining, altering or extending building sewers in
20 accordance with this Act. No person who holds a license or
21 certificate of registration under the Illinois Architecture
22 Practice Act of 1989, or the Structural Engineering Licensing
-2- LRB9003806DPmbam01
1 Act of 1989, or the Professional Engineering Practice Act of
2 1989 shall be prevented from planning and designing plumbing
3 systems.
4 (2) Nothing herein contained shall prohibit the owner
5 occupant or lessee occupant of a single family residence, or
6 the owner of a single family residence under construction for
7 his or her occupancy, from planning, installing, altering or
8 repairing the plumbing system of such residence, provided
9 that (i) such plumbing shall comply with the minimum
10 standards for plumbing contained in the Illinois State
11 Plumbing Code, and shall be subject to inspection by the
12 Department or the local governmental unit if it retains a
13 licensed plumber as an inspector; and (ii) such owner, owner
14 occupant or lessee occupant shall not employ other than a
15 plumber licensed pursuant to this Act to assist him or her.
16 For purposes of this subsection, a person shall be
17 considered an "occupant" if and only if he or she has taken
18 possession of and is living in the premises as his or her
19 bona fide sole and exclusive residence, or, in the case of
20 an owner of a single family residence under construction for
21 his or her occupancy, he or she expects to take possession of
22 and live in the premises as his or her bona fide sole and
23 exclusive residence, and he or she has a current intention to
24 live in such premises as his or her bona fide sole and
25 exclusive residence for a period of not less than 6 months
26 after the completion of the plumbing work performed pursuant
27 to the authorization of this subsection, or, in the case of
28 an owner of a single family residence under construction for
29 his or her occupancy, for a period of not less than 6 months
30 after the completion of construction of the residence.
31 Failure to possess and live in the premises as a sole and
32 exclusive residence for a period of 6 months or more shall
33 create a rebuttable presumption of a lack of such intention.
34 (3) The employees of a firm, association, partnership or
-3- LRB9003806DPmbam01
1 corporation who engage in plumbing shall be licensed plumbers
2 or licensed apprentice plumbers. At least one member of every
3 firm, association or partnership engaged in plumbing work,
4 and at least one corporate officer of every corporation
5 engaged in plumbing work, as the case may be, shall be a
6 licensed plumber. A retired plumber cannot fulfill the
7 requirements of this subsection (3).
8 (4) (a) A licensed apprentice plumber shall plan, design
9 and install plumbing only under the supervision of the
10 sponsor or his or her agent who is also an Illinois
11 licensed plumber.
12 (b) An applicant for licensing as an apprentice
13 plumber shall be at least 16 years of age and apply on
14 the application form provided by the Department. Such
15 application shall verify that the applicant is sponsored
16 by an Illinois licensed plumber or an approved
17 apprenticeship program and shall contain the name and
18 license number of the licensed plumber or program
19 sponsor.
20 (c) No licensed plumber shall sponsor more than 2
21 licensed apprentice plumbers at the same time. If 2
22 licensed apprentice plumbers are sponsored by a plumber
23 at the same time, one of the apprentices must have, at a
24 minimum, 2 years experience as a licensed apprentice. No
25 licensed plumber sponsor or his or her agent may
26 supervise 2 licensed apprentices with less than 2 years
27 experience at the same time. The sponsor or agent shall
28 supervise and be responsible for the plumbing performed
29 by a licensed apprentice.
30 (d) No agent shall supervise more than 2 licensed
31 apprentices at the same time.
32 (e) No licensed plumber may, in any capacity,
33 supervise more than 2 licensed apprentice plumbers at the
34 same time.
-4- LRB9003806DPmbam01
1 (f) No approved apprenticeship program may sponsor
2 more licensed apprentices than 2 times the number of
3 licensed plumbers available to supervise those licensed
4 apprentices.
5 (g) No approved apprenticeship program may sponsor
6 more licensed apprentices with less than 2 years
7 experience than it has licensed plumbers available to
8 supervise those licensed apprentices.
9 (h) No individual shall work as an apprentice
10 plumber unless he or she is properly licensed under this
11 Act. The Department shall issue an apprentice plumber's
12 license to each approved applicant.
13 (i) No licensed apprentice plumber shall serve more
14 than a 6 year licensed apprenticeship period. If, upon
15 completion of a 6 year licensed apprenticeship period,
16 such licensed apprentice plumber does not apply for the
17 examination for a plumber's license and successfully pass
18 the examination for a plumber's license, his or her
19 apprentice plumber's license shall not be renewed.
20 Nothing contained in P.A. 83-878, entitled "An Act in
21 relation to professions", approved September 26, 1983, was
22 intended by the General Assembly nor should it be construed
23 to require the employees of a governmental unit or privately
24 owned municipal water supplier who operate, maintain or
25 repair a water or sewer plant facility which is owned or
26 operated by such governmental unit or privately owned
27 municipal water supplier to be licensed plumbers under this
28 Act. In addition, nothing contained in P.A. 83-878 was
29 intended by the General Assembly nor should it be construed
30 to permit persons other than licensed plumbers to perform the
31 installation, repair, maintenance or replacement of plumbing
32 fixtures, such as toilet facilities, floor drains, showers
33 and lavatories, and the piping attendant to those fixtures,
34 within such facility or in the construction of a new
-5- LRB9003806DPmbam01
1 facility.
2 Nothing contained in P.A. 83-878, entitled "An Act in
3 relation to professions", approved September 26, 1983, was
4 intended by the General Assembly nor should it be construed
5 to require the employees of a governmental unit or privately
6 owned municipal water supplier who install, repair or
7 maintain water service lines from water mains in the street,
8 alley or curb line to private property lines and who install,
9 repair or maintain water meters to be licensed plumbers under
10 this Act if such work was customarily performed prior to the
11 effective date of such Act by employees of such governmental
12 unit or privately owned municipal water supplier who were not
13 licensed plumbers. Any such work which was customarily
14 performed prior to the effective date of such Act by persons
15 who were licensed plumbers or subcontracted to persons who
16 were licensed plumbers must continue to be performed by
17 persons who are licensed plumbers or subcontracted to persons
18 who are licensed plumbers. When necessary under this Act,
19 the Department shall make the determination whether or not
20 persons who are licensed plumbers customarily performed such
21 work.
22 (Source: P.A. 89-665, eff. 8-14-96.)
23 (225 ILCS 320/4 new)
24 Sec. 4. Water main installations. The installation of
25 water supply or water service piping from a water main
26 located in a street, alley, or curb line to a building where
27 a person lives or works or persons assemble shall be
28 performed only by a plumber or an apprentice plumber licensed
29 under this Act or a person licensed as a plumber by a city,
30 village, or incorporated town having a population of 500,000
31 or more pursuant to Section 16 of this Act. All such plumbing
32 work shall be supervised by a responsible plumber licensed by
33 the Department or by a city, village, or incorporated town
-6- LRB9003806DPmbam01
1 pursuant to Section 16 of this Act. Whenever apprentice
2 plumbers licensed by the Department or by a city, village, or
3 incorporated town pursuant to Section 16 perform
4 installations, they shall be under supervision, as defined in
5 Section 2 of this Act.
6 Nothing contained in this Section or P.A. 83-878 is
7 intended by the General Assembly to require, nor should it be
8 construed to require, the employees of a governmental unit or
9 privately-owned municipal water supplier who install, repair,
10 or maintain water service lines from water mains in the
11 street, alley, or curb line to private property lines and who
12 install, repair, or maintain water meters to be licensed
13 plumbers under this Act if such work was customarily
14 performed prior to September 26, 1983 by employees of the
15 governmental unit or privately-owned municipal water supplier
16 who were not licensed plumbers. Any such work that was
17 customarily performed prior to September 26, 1983 by persons
18 who were licensed plumbers or subcontracted to persons who
19 were licensed plumbers must continue to be performed by
20 persons who are licensed plumbers or subcontracted to persons
21 who are licensed plumbers. When necessary under this Act, the
22 Department shall make the determination whether or not
23 persons who are licensed plumbers customarily performed such
24 work."; and
25 on page 2, by replacing line 3 with the following:
26 "In consultation with the Board, the Department shall";
27 and
28 on page 2, in line 9, by replacing "16" with "15"; and
29 on page 2, in lines 10 and 13, by replacing "may", each time
30 it appears, with "shall"; and
31 on page 3, immediately below line 33, by inserting the
32 following:
-7- LRB9003806DPmbam01
1 "(225 ILCS 320/18) (from Ch. 111, par. 1117)
2 Sec. 18. Local regulation; Department standards.
3 (1) It is hereby declared to be the policy of this State
4 that each city, town, village, township or county with a
5 water supply system or sewage disposal system or both should
6 so soon after the enactment of this Act as practicable, with
7 the advice of the State Department of Public Health, provide
8 by ordinance, bylaws or rules and regulations for the
9 materials, construction, alteration, and inspection of all
10 plumbing placed in or in connection with any building in any
11 such city, town, village, township, or county and to provide
12 for and appoint a competent Plumbing Inspector or more as
13 required. The Department may by rule establish voluntary
14 standards for the content and conduct of local plumbing
15 regulation and inspection programs and may evaluate and
16 certify local programs that are in compliance with the
17 voluntary standards. The Department may by rule establish
18 voluntary education, training, and experience standards for
19 Plumbing Inspectors and may certify Plumbing Inspectors who
20 are in compliance with the voluntary standards. Nothing
21 contained in this Act shall prohibit any city, town, village,
22 township or county from providing for a Plumbing Inspector or
23 from requiring permits for the installation and repair of
24 plumbing and collecting a fee therefor; however, no city,
25 town, village, township, or county shall charge or collect a
26 fee for a permit unless the installation or repair of
27 plumbing is inspected by a competent Plumbing Inspector. No
28 person shall be appointed as a Plumbing Inspector who is not
29 a licensed plumber under this Act, including persons employed
30 as Plumbing Inspectors in home rule units.
31 (2) The Department of Public Health shall conduct
32 inquiry in any city, town, village, township, or county or at
33 any other place in the State when reasonably necessary in the
34 judgment of the Director of the Department of Public Health
-8- LRB9003806DPmbam01
1 to safeguard the health of any person or persons in this
2 State, on account of piping or appurtenant appliances within
3 any building, or outside, when such piping and appliances are
4 for the use of plumbing as defined in this Act and for the
5 use of carrying sewage or waste within or from any building.
6 The Department of Public Health may conduct such
7 inquiries in any city, town, village, township or county in
8 this State by directing the Plumbing Inspector thereof to aid
9 in or conduct such inquiry or investigation in behalf of the
10 Department of Public Health or the Department of Public
11 Health may designate some other person or persons to conduct
12 such investigation.
13 (Source: P.A. 83-1362.)
14 (225 ILCS 320/29.5 new)
15 Sec. 29.5. Unlicensed practice; violation; civil penalty.
16 (a) A person who practices, offers to practice, attempts
17 to practice, or holds himself or herself out to practice as a
18 plumber without being licensed under this Act shall, in
19 addition to any other penalty provided by law, pay a civil
20 penalty to the Department in an amount not to exceed $5,000
21 for each offense as determined by the Department. The civil
22 penalty shall be assessed by the Department after a hearing
23 is held in accordance with the provisions set forth in this
24 Act regarding the provision of a hearing for the discipline
25 of a licensee.
26 (b) The Department has the authority and power to
27 investigate any and all unlicensed activity.
28 (c) The civil penalty shall be paid within 60 days after
29 the effective date of the order imposing the civil penalty.
30 The order shall constitute a judgment and may be filed and
31 execution had on the judgment in the same manner as a
32 judgment from a court of record. All fines and penalties
33 collected by the Department under this Section of the Act and
-9- LRB9003806DPmbam01
1 accrued interest shall be deposited into the Plumbing
2 Licensure and Program Fund for use by the Department in
3 performing activities relating to the administration and
4 enforcement of this Act.
5 (225 ILCS 320/37) (from Ch. 111, par. 1135)
6 Sec. 37. Local certification. Each governmental unit
7 which is authorized to adopt and has adopted any ordinance or
8 resolution regulating plumbing may provide for its
9 administration and enforcement by requiring permits for any
10 plumbing system installation, the inspection of plumbing
11 system installations by inspectors who are licensed as
12 plumbers in accordance with the Illinois Plumbing License
13 Law, and the issue of certificates of approval or compliance
14 which shall be evidence that a plumbing system has been
15 installed in compliance with the Code of standards so
16 adopted.
17 A governmental unit authorized to adopt regulations may,
18 by ordinance or resolution, prescribe reasonable fees for the
19 issue of permits for installation work, the issue of
20 certificates of compliance or approval, and for the
21 inspection of plumbing installations; however, no
22 governmental unit authorized to adopt regulations shall
23 charge or collect fees for the issuance of permits for
24 installation work, for the issuance of certificates of
25 compliance or approval, or for the inspection of plumbing
26 installations unless the plumbing installation or repair has
27 been inspected by a competent Plumbing Inspector as required
28 by this Act.
29 (Source: P.A. 79-1000.)".