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90_HB0911 225 ILCS 320/3 from Ch. 111, par. 1103 225 ILCS 320/4 new Amends the Illinois Plumbing License Law to require that persons who perform certain water service line installations be licensed under the Act or by a city, village, or incorporated town with a population of 500,000 or more. Effective immediately. LRB9003808DPcc LRB9003808DPcc 1 AN ACT to amend the Illinois Plumbing License Law by 2 changing Section 3 and adding Section 4. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Plumbing License Law is amended 6 by changing Section 3 and adding Section 4 as follows: 7 (225 ILCS 320/3) (from Ch. 111, par. 1103) 8 Sec. 3. License requirement; qualifications. 9 (1) All planning and designing of plumbing systems and 10 all plumbing shall be performed only by plumbers licensed 11 under the provisions of this Act hereinafter called "licensed 12 plumbers" and "licensed apprentice plumbers". The inspection 13 of plumbing and plumbing systems shall be done only by the 14 sponsor or his or her agent who shall be an Illinois licensed 15 plumber. Nothing herein contained shall prohibit licensed 16 plumbers or licensed apprentice plumbers under supervision 17 from planning, designing, inspecting, installing, repairing, 18 maintaining, altering or extending building sewers in 19 accordance with this Act. No person who holds a license or 20 certificate of registration under the Illinois Architecture 21 Practice Act of 1989, or the Structural Engineering Licensing 22 Act of 1989, or the Professional Engineering Practice Act of 23 1989 shall be prevented from planning and designing plumbing 24 systems. 25 (2) Nothing herein contained shall prohibit the owner 26 occupant or lessee occupant of a single family residence, or 27 the owner of a single family residence under construction for 28 his or her occupancy, from planning, installing, altering or 29 repairing the plumbing system of such residence, provided 30 that (i) such plumbing shall comply with the minimum 31 standards for plumbing contained in the Illinois State -2- LRB9003808DPcc 1 Plumbing Code, and shall be subject to inspection by the 2 Department or the local governmental unit if it retains a 3 licensed plumber as an inspector; and (ii) such owner, owner 4 occupant or lessee occupant shall not employ other than a 5 plumber licensed pursuant to this Act to assist him or her. 6 For purposes of this subsection, a person shall be 7 considered an "occupant" if and only if he or she has taken 8 possession of and is living in the premises as his or her 9 bona fide sole and exclusive residence, or, in the case of 10 an owner of a single family residence under construction for 11 his or her occupancy, he or she expects to take possession of 12 and live in the premises as his or her bona fide sole and 13 exclusive residence, and he or she has a current intention to 14 live in such premises as his or her bona fide sole and 15 exclusive residence for a period of not less than 6 months 16 after the completion of the plumbing work performed pursuant 17 to the authorization of this subsection, or, in the case of 18 an owner of a single family residence under construction for 19 his or her occupancy, for a period of not less than 6 months 20 after the completion of construction of the residence. 21 Failure to possess and live in the premises as a sole and 22 exclusive residence for a period of 6 months or more shall 23 create a rebuttable presumption of a lack of such intention. 24 (3) The employees of a firm, association, partnership or 25 corporation who engage in plumbing shall be licensed plumbers 26 or licensed apprentice plumbers. At least one member of every 27 firm, association or partnership engaged in plumbing work, 28 and at least one corporate officer of every corporation 29 engaged in plumbing work, as the case may be, shall be a 30 licensed plumber. A retired plumber cannot fulfill the 31 requirements of this subsection (3). 32 (4) (a) A licensed apprentice plumber shall plan, design 33 and install plumbing only under the supervision of the 34 sponsor or his or her agent who is also an Illinois -3- LRB9003808DPcc 1 licensed plumber. 2 (b) An applicant for licensing as an apprentice 3 plumber shall be at least 16 years of age and apply on 4 the application form provided by the Department. Such 5 application shall verify that the applicant is sponsored 6 by an Illinois licensed plumber or an approved 7 apprenticeship program and shall contain the name and 8 license number of the licensed plumber or program 9 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 13 at 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 16 supervise 2 licensed apprentices with less than 2 years 17 experience at the same time. The sponsor or agent shall 18 supervise and be responsible for the plumbing performed 19 by a licensed 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, 23 supervise more than 2 licensed apprentice plumbers at the 24 same time. 25 (f) No approved apprenticeship program may sponsor 26 more licensed apprentices than 2 times the number of 27 licensed plumbers available to supervise those licensed 28 apprentices. 29 (g) No approved apprenticeship program may sponsor 30 more licensed apprentices with less than 2 years 31 experience than it has licensed plumbers available to 32 supervise those licensed apprentices. 33 (h) No individual shall work as an apprentice 34 plumber unless he or she is properly licensed under this -4- LRB9003808DPcc 1 Act. The Department shall issue an apprentice plumber's 2 license to each approved applicant. 3 (i) No licensed apprentice plumber shall serve more 4 than a 6 year licensed apprenticeship period. If, upon 5 completion of a 6 year licensed apprenticeship period, 6 such licensed apprentice plumber does not apply for the 7 examination for a plumber's license and successfully pass 8 the examination for a plumber's license, his or her 9 apprentice plumber's license shall not be renewed. 10 Nothing contained in P.A. 83-878, entitled "An Act in 11 relation to professions", approved September 26, 1983, was 12 intended by the General Assembly nor should it be construed 13 to require the employees of a governmental unit or privately 14 owned municipal water supplier who operate, maintain or 15 repair a water or sewer plant facility which is owned or 16 operated by such governmental unit or privately owned 17 municipal water supplier to be licensed plumbers under this 18 Act. In addition, nothing contained in P.A. 83-878 was 19 intended by the General Assembly nor should it be construed 20 to permit persons other than licensed plumbers to perform the 21 installation, repair, maintenance or replacement of plumbing 22 fixtures, such as toilet facilities, floor drains, showers 23 and lavatories, and the piping attendant to those fixtures, 24 within such facility or in the construction of a new 25 facility. 26Nothing contained in P.A. 83-878, entitled "An Act in27relation to professions", approved September 26, 1983, was28intended by the General Assembly nor should it be construed29to require the employees of a governmental unit or privately30owned municipal water supplier who install, repair or31maintain water service lines from water mains in the street,32alley or curb line to private property lines and who install,33repair or maintain water meters to be licensed plumbers under34this Act if such work was customarily performed prior to the-5- LRB9003808DPcc 1effective date of such Act by employees of such governmental2unit or privately owned municipal water supplier who were not3licensed plumbers. Any such work which was customarily4performed prior to the effective date of such Act by persons5who were licensed plumbers or subcontracted to persons who6were licensed plumbers must continue to be performed by7persons who are licensed plumbers or subcontracted to persons8who are licensed plumbers. When necessary under this Act,9the Department shall make the determination whether or not10persons who are licensed plumbers customarily performed such11work.12 (Source: P.A. 89-665, eff. 8-14-96.) 13 (225 ILCS 320/4 new) 14 Sec. 4. Water main installations. The installation of 15 water supply or water service piping from a water main 16 located in a street, alley, or curb line to a building where 17 a person lives or works or persons assemble shall be 18 performed only by a plumber or an apprentice plumber licensed 19 under this Act or a person licensed as a plumber by a city, 20 village, or incorporated town having a population of 500,000 21 or more pursuant to Section 16 of this Act. All such plumbing 22 work shall be supervised by a responsible plumber licensed by 23 the Department or by a city, village, or incorporated town 24 pursuant to Section 16 of this Act. Whenever apprentice 25 plumbers licensed by the Department or by a city, village, or 26 incorporated town pursuant to Section 16 perform 27 installations, they shall be under supervision, as defined in 28 Section 2 of this Act. 29 Nothing contained in this Section or P.A. 83-878 is 30 intended by the General Assembly to require, nor should it be 31 construed to require, the employees of a governmental unit or 32 privately-owned municipal water supplier who install, repair, 33 or maintain water service lines from water mains in the -6- LRB9003808DPcc 1 street, alley, or curb line to private property lines and who 2 install, repair, or maintain water meters to be licensed 3 plumbers under this Act if such work was customarily 4 performed prior to September 26, 1983 by employees of the 5 governmental unit or privately-owned municipal water supplier 6 who were not licensed plumbers. Any such work that was 7 customarily performed prior to September 26, 1983 by persons 8 who were licensed plumbers or subcontracted to persons who 9 were licensed plumbers must continue to be performed by 10 persons who are licensed plumbers or subcontracted to persons 11 who are licensed plumbers. When necessary under this Act, the 12 Department shall make the determination whether or not 13 persons who are licensed plumbers customarily performed such 14 work. 15 Section 99. Effective date. This Act takes effect upon 16 becoming law.