State of Illinois
90th General Assembly
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90_HB3711

      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.
                                                     LRB9010429LDdv
                                               LRB9010429LDdv
 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-                LRB9010429LDdv
 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-                LRB9010429LDdv
 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-                LRB9010429LDdv
 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.
26        Nothing  contained  in  P.A.  83-878, entitled "An Act in
27    relation to professions", approved September  26,  1983,  was
28    intended  by  the General Assembly nor should it be construed
29    to require the employees of a governmental unit or  privately
30    owned   municipal  water  supplier  who  install,  repair  or
31    maintain water service lines from water mains in the  street,
32    alley or curb line to private property lines and who install,
33    repair or maintain water meters to be licensed plumbers under
34    this  Act if such work was customarily performed prior to the
                            -5-                LRB9010429LDdv
 1    effective date of such Act by employees of such  governmental
 2    unit or privately owned municipal water supplier who were not
 3    licensed  plumbers.   Any  such  work  which  was customarily
 4    performed prior to the effective date of such Act by  persons
 5    who  were  licensed  plumbers or subcontracted to persons who
 6    were licensed plumbers  must  continue  to  be  performed  by
 7    persons who are licensed plumbers or subcontracted to persons
 8    who  are  licensed  plumbers.  When necessary under this Act,
 9    the Department shall make the determination  whether  or  not
10    persons  who are licensed plumbers customarily performed such
11    work.
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-                LRB9010429LDdv
 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.

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