|
"Governmental unit" means a city, village, incorporated |
town, county,
or sanitary or water district.
|
"Irrigation contractor" means a person who installs or |
supervises the
installation of lawn sprinkler systems subject |
to Section 2.5 of this Act,
other than a licensed plumber or a
|
licensed apprentice plumber.
|
"Irrigation employee" means a person who is employed by a |
registered irrigation contractor or a licensed plumber, and who |
designs, repairs, alters, maintains, or installs lawn |
sprinkler systems that are subject to Section 2.5 of this Law.
|
"Lawn sprinkler system" means any underground irrigation |
system of lawn,
shrubbery and other vegetation from any potable |
water sources; and from any
water sources, whether or not |
potable. , in: (i) any county with a population of
3,000,000 or |
more; (ii) any county with a population of 275,000 or more |
which
is contiguous in whole or in part to a county with a |
population of 3,000,000 or
more; and (iii) any county with a |
population of 37,000 or more but less than
150,000 which is |
contiguous to 2 or more counties with respective populations
in |
excess of 275,000. "Lawn sprinkler system" includes
without |
limitation the water supply piping, valves, control systems, |
low voltage wiring,
and sprinkler heads or
other irrigation |
outlets, and moisture or rainfall sensing equipment, but does |
not include the backflow prevention
device. "Lawn sprinkler |
system" does not include an irrigation
system used primarily |
for agricultural purposes.
|
"Person" means any natural person, firm, corporation, |
partnership, or
association.
|
"Plumber" means any licensed person authorized to perform |
plumbing
as defined in this Act, but does not include retired |
plumbers as defined in
this Act.
|
"Plumbing" means the actual installation, repair, |
maintenance, alteration
or extension of a plumbing system by |
any person.
|
"Plumbing" includes all piping, fixtures, appurtenances |
and
appliances for a supply of water for all purposes, |
|
including without limitation
lawn sprinkler systems and |
backflow prevention devices connected to lawn
sprinkler |
systems, from the
source of a private water supply on the |
premises or from
the main in the street, alley or at the curb |
to, within and about any building
or buildings where a person |
or persons live, work or assemble.
|
"Plumbing" includes all piping, from discharge of pumping |
units to
and including pressure tanks in water supply systems.
|
"Plumbing" includes all piping, fixtures, appurtenances, |
and
appliances for
a building drain and a sanitary drainage and |
related ventilation system
of any building or buildings where a |
person or persons live, work or assemble
from the point of |
connection of such building drain to the building sewer
or |
private sewage disposal system 5 feet beyond the foundation |
walls.
|
"Plumbing" does not mean or include the trade of |
drain-laying, the
trade of drilling water wells which |
constitute the sources of private water
supplies, and of making |
connections between such wells and pumping units
in the water |
supply systems of buildings served by such private water
|
supplies, or the business of installing water softening |
equipment and of
maintaining and servicing the same, or the |
business of manufacturing or
selling plumbing fixtures, |
appliances, equipment or hardware, or to the
installation and |
servicing of electrical equipment sold by a not-for-profit
|
corporation providing electrification on a cooperative basis, |
that either
on or before January 1, 1971, is or has been |
financed in whole or in part
under the federal Rural |
Electrification Act of 1936 and the Acts
amendatory
thereof and |
supplementary thereto, to its members for use on farms owned
by |
individuals or operated by individuals, nor does it mean or |
include minor
repairs which do not require changes in the |
piping to or from plumbing fixtures
or involve the removal, |
replacement, installation or re-installation of
any pipe or |
plumbing fixtures. Plumbing does not include the installation,
|
repair, maintenance, alteration or extension of building |
|
sewers.
|
"Plumbing contractor" means any person who performs |
plumbing,
as defined in this Act, for another person. "Plumbing |
contractor"
shall not include licensed plumbers and licensed |
apprentice plumbers
who
either
are employed by persons engaged |
in the plumbing business or are
employed by another person for |
the performance of
plumbing
solely
for that other person, |
including, but not limited to, a
hospital, university, or |
business maintenance staff.
|
"Plumbing fixtures" means installed receptacles, devices |
or appliances
that are supplied with water or that receive or |
discharge liquids or liquid
borne wastes, with or without |
discharge into the drainage system with which
they may be |
directly or indirectly connected.
|
"Plumbing system" means the water service, water supply and |
distribution
pipes; plumbing fixtures and traps; soil, waste |
and vent pipes; building
drains; including their respective |
connections, devices and appurtenances.
|
"Plumbing system" does not include building sewers as |
defined in this
Act.
|
"Retired plumber" means any licensed plumber in good |
standing who meets the
requirements of this Act and the |
requirements prescribed by Department rule to
be licensed as a |
retired plumber and voluntarily surrenders his plumber's
|
license to the Department, in exchange for a retired plumber's |
license.
Retired
plumbers cannot perform plumbing as defined in |
this Act, cannot sponsor or
supervise apprentice plumbers, and |
cannot inspect plumbing under this Act. A
retired plumber |
cannot fulfill the requirements of subsection (3) of Section 3
|
of this Act.
|
"Supervision" with respect to first and second year |
licensed apprentice
plumbers means that such apprentices must |
perform all designing and
planning of plumbing systems and all |
plumbing as defined in this Act under
the direct personal |
supervision of the sponsor or his or her agent who must
also be |
an Illinois licensed plumber, except for maintenance and repair
|
|
work on existing plumbing systems done by second year |
apprentice plumbers;
provided that before performing any |
maintenance and repair work
without such supervision, such |
apprentice has received the minimum number of
hours of annual |
classroom instruction recommended by the United States
|
Department of Labor's Bureau of Apprenticeship and Training for |
apprentice
plumbers in a Bureau of Apprenticeship and Training |
approved plumber
apprenticeship program or its equivalent. |
"Supervision" with respect to
all other apprentice plumbers |
means that, except for maintenance and repair
work on existing |
plumbing systems, any plumbing done by such apprentices
must be |
inspected daily, after initial rough-in and after completion by |
the
sponsor or his or her agent who is also an Illinois |
licensed plumber. In
addition, all repair and maintenance work |
done by a licensed apprentice
plumber on an existing plumbing |
system must be approved by the sponsor or
his or her agent who |
is also an Illinois licensed plumber.
|
"Sponsor" is an Illinois licensed plumber or an approved |
apprenticeship
program that has accepted an individual as an |
Illinois licensed apprentice
plumber for education and |
training in the field of plumbing and whose name
and license |
number or apprenticeship program number shall appear on the
|
individual's application for an apprentice plumber's license.
|
"Sponsored" means that each Illinois licensed apprentice |
plumber
has been accepted by an Illinois licensed plumber or an |
approved
apprenticeship program for apprenticeship training.
|
"Telecommunications carrier" means a telecommunications |
carrier as defined
in the Public Utilities Act.
|
(Source: P.A. 91-184, eff. 1-1-00; 91-678, eff. 1-26-00; |
92-338, eff. 8-10-01.)
|
(225 ILCS 320/2.5)
|
(Section scheduled to be repealed on January 1, 2013)
|
Sec. 2.5. Irrigation contractors; lawn sprinkler systems.
|
(a) Every irrigation contractor doing business in this |
State shall annually
register with the
Department. Every |
|
irrigation contractor shall provide to the Department
his or |
her business name and address, telephone number, name of |
principal,
and FEIN number, and an original certificate of |
insurance documenting that the irrigation contractor carries |
general liability insurance with a minimum of $100,000 per |
occurrence, bodily injury insurance with a minimum of $300,000 |
per occurrence, property damage insurance with a minimum of |
$50,000, and worker's compensation insurance with a minimum of |
$500,000. No registration may be issued in the absence of the |
certificate of insurance. The certificate must be in force at |
all times for registration to remain valid. |
On a form provided by the Department, every irrigation |
contractor must provide to the Department an indemnification |
bond in the amount of $20,000 or an irrevocable letter of |
credit from a financial institution guaranteeing that funds |
shall be available only to the Department and shall be released |
upon written notification by the Department in the same amount |
for any work on lawn sprinkler systems performed by the |
registered irrigation contractor. The letter of credit shall be |
printed on the letterhead of the issuing financial institution, |
be signed by an officer of the same financial institution, name |
the Department as the sole beneficiary, and expire on February |
28 of each year. |
Every irrigation contractor doing business in this State |
shall also
register
with the Department each and every employee |
who installs or supervises the
installation of lawn sprinkler |
systems. The
registration shall include the
employee's name, |
home address, and telephone number. The
Department
may provide |
by rule for the administration of
registrations under
this |
subsection.
The annual
registration fee shall be set by the |
Department pursuant to
Section 30 of this Act. Each registered |
irrigation contractor must provide proof that he or she employs |
at least one irrigation employee who has completed and passed |
an approved class in the design and installation of lawn |
sprinkler systems.
|
(b) A licensed plumber or licensed apprentice plumber may |
|
install
a lawn sprinkler system connected to any water source
|
without
registration under this Section.
|
(c) A licensed plumber shall inspect every
sprinkler system |
installed by an irrigation contractor to ensure the provisions
|
of this Section have been met and that the system works |
mechanically. A
licensed plumber shall make the physical
|
connection between a lawn sprinkler system and the backflow |
prevention device.
|
Upon the installation of every lawn sprinkler system in |
this State from the
effective date of this amendatory Act of |
the 91st General Assembly forward, a
licensed
plumber shall |
affix to the backflow prevention
device a tag certifying that |
the installation of that system has been completed
in |
compliance with the minimum code of plumbing standards |
promulgated under
this Act. The
Department shall provide by |
rule for the
registration of every lawn sprinkler
system |
installed after the effective date of this amendatory Act of |
the 91st
General Assembly, including the means by which the |
Department shall be able to
identify by
registration number the |
identity of the responsible irrigation
contractor and by |
license number the identity of the responsible licensed
|
plumber. No lawn sprinkler system installed after the effective |
date of this
amendatory Act of the 91st General Assembly may be
|
operated without the certification tag required under this |
Section.
|
The
registered irrigation contractor and the licensed |
plumber
whose identifying information is contained on the
|
certification tag shall both be subject to the penalty |
provisions of this Act
for violations for improper installation |
of a lawn sprinkler system installed
after the effective date |
of this amendatory Act of the 91st General Assembly.
|
(d) An irrigation contractor who
that has
registered with |
the Department 7 or
fewer
persons who are authorized to install |
or supervise the installation of lawn
sprinkler systems shall |
either employ or contract with at least one licensed
plumber |
who shall
install or be responsible for the installation of |
|
every
lawn sprinkler system installed after the effective date |
of this amendatory Act
of the 91st General Assembly. The |
licensed plumber shall inspect the risers
and sprinkler heads |
before backfilling.
|
An irrigation contractor who
that has
registered with the |
Department 8 to 12
persons who are authorized to install or |
supervise the installation of lawn
sprinkler systems shall |
either employ or contract with at least 2 licensed
plumbers who |
shall install or be responsible for the
installation of every
|
lawn sprinkler system installed after the effective date of |
this amendatory Act
of the 91st General Assembly.
A licensed |
plumber shall inspect the risers and sprinkler heads before
|
backfilling.
|
An irrigation contractor who
that has
registered with the |
Department 13 to 20
persons who are authorized to install or |
supervise the installation of lawn
sprinkler systems shall |
either employ or contract with at least 3 licensed
plumbers who |
shall install or be responsible for the
installation of every
|
lawn sprinkler system installed after the effective date of |
this amendatory Act
of the 91st General Assembly.
A licensed |
plumber shall inspect the risers and sprinkler heads before
|
backfilling.
|
An irrigation contractor who
that has
registered with the |
Department 21 to 28
persons who are authorized to install or |
supervise the installation of lawn
sprinkler systems shall |
either employ or contract with at least 4 licensed
plumbers who |
shall install or be responsible for the
installation of every
|
lawn sprinkler system installed after the effective date of |
this amendatory Act
of the 91st General Assembly.
A licensed |
plumber shall inspect the risers and sprinkler heads before
|
backfilling.
|
An irrigation contractor who
that has
registered with the |
Department 29 to 35
persons who are authorized to install or |
supervise the installation of lawn
sprinkler systems shall |
either employ or contract with at least 5 licensed
plumbers who |
shall install or be responsible for the
installation of every
|
|
lawn sprinkler system installed after the effective date of |
this amendatory Act
of the 91st General Assembly.
A licensed |
plumber shall inspect the risers and sprinkler heads before
|
backfilling.
|
An irrigation contractor who
that has
registered with the |
Department 36 or more
persons who are authorized to install or |
supervise the installation of lawn
sprinkler systems shall |
either employ or contract with at least 6 licensed
plumbers who |
shall install or be responsible for the
installation of every
|
lawn sprinkler system installed after the effective date of |
this amendatory Act
of the 91st General Assembly.
A licensed |
plumber shall inspect the risers and sprinkler heads before
|
backfilling.
|
The Department may provide by rule for the temporary waiver |
process for
registered irrigation contractors who are unable to |
comply with the
requirements of this subsection. When a |
temporary waiver is granted, it shall
not be for a duration of |
more than 3 consecutive months. Upon the expiration
of a |
temporary waiver issued by the Department, the
registered |
irrigation
contractor shall demonstrate that justifiable |
reasons exist why he or she is
still unable to comply with the |
requirements of this subsection, despite good
faith efforts to |
comply with the requirements. In no case shall a temporary
|
waiver be granted for an irrigation contractor for more than a |
total of 6
months in a two-year period. In no case shall an |
irrigation
contractor be relieved of the requirement that a |
licensed plumber
shall inspect every sprinkler system |
installed by an
irrigation contractor to ensure the provisions |
of this Section have been met
and that the system works |
mechanically and make the physical connection
between a |
sprinkler system and the backflow prevention device.
|
(e) No person shall attach to a lawn sprinkler system any |
fixture intended
to supply water for human consumption.
|
No person shall attach to a lawn sprinkler system any |
fixture other
than the backflow prevention device, sprinkler |
heads, valves, and other parts
integral to the operation of the |
|
system, unless the fixture is clearly marked
as being for |
non-potable uses only.
|
(f) A college, university, trade school, vocational |
school, or association that has established a program providing |
a course of instruction in lawn sprinkler design and |
installation may submit a letter to the Department requesting |
approval of its program or course of instruction.
|
The request for approval shall include information on the |
curriculum offered by the program and the qualifications of the |
organization. The course shall consist of a minimum of 2 days |
of classroom education and an exam and shall include a |
provision for continuing education. |
The Department shall evaluate the curriculum and |
organization before making a determination to approve or deny a |
request for approval.
|
In addition to providing to the Department the names of |
licensed plumbers who are employed by or contract with an |
irrigation contractor, an irrigation contractor must also |
provide to the Department the names of employees who have |
successfully completed an approved course on the installation |
of lawn sprinkler systems and proof that the course was |
successfully completed and that continuing education is also |
being completed.
|
(Source: P.A. 91-678, eff. 1-26-00; 92-778, eff. 8-6-02.)
|
(225 ILCS 320/29.5)
|
Sec. 29.5. Unlicensed and unregistered practice; |
violation; civil
penalties
penalty.
|
(a) A person who practices, offers to practice, attempts to |
practice, or
holds himself or herself out to practice as a |
plumber or plumbing
contractor without being licensed
or |
registered under this Act, or as an irrigation contractor |
without being
registered under
this Act, shall, in addition to |
any other penalty provided by law, pay a civil penalty to
the |
Department in an amount not to exceed $5,000 for each offense |
as determined
by the Department. The civil penalty shall be |
|
assessed by the Department after
a hearing is held in |
accordance with the provisions set forth in this Act
regarding |
the provision of a hearing for the discipline of a licensee or
|
registrant.
|
(b) The Department has the authority and power to |
investigate any person who
practices, offers to practice, |
attempts to practice, or holds himself or
herself
out to |
practice as a plumber or plumbing contractor without being |
licensed
or registered under this Act, or as an
irrigation |
contractor without being
registered under this Act.
|
(c) The civil penalty shall be paid within 60 days after |
the effective date
of the order imposing the civil penalty. The |
order shall constitute a judgment
and may be filed and |
execution had on the judgment in the same manner as a
judgment
|
from a court of record. All fines and penalties collected by |
the Department
under this Section of the Act and accrued |
interest shall be deposited
into the Plumbing Licensure and |
Program Fund for use by the Department in
performing activities |
relating to the administration and enforcement of this
Act.
|
(d) A person who practices, offers to practice, or holds |
himself or herself out to practice as an irrigation contractor |
without being registered under this Act shall be subject to the |
following: |
(1) For a first offense:
|
(A) Where no violations of the Illinois Plumbing |
Code are found, the person shall pay a civil penalty of |
$1,000 and may be referred to the State's Attorney or |
the Attorney General for prosecution under Section 29 |
of this Act. |
(B) Where violations of the Illinois Plumbing Code |
are found, the person shall pay a civil penalty of |
$3,000 (the amount of $3,000 may be reduced to $1,000 |
upon the condition that the unregistered person pays |
for a licensed plumber who is acceptable to the other |
party to the original contract or agreement to correct |
the violations of the Illinois Plumbing Code) and may |
|
be referred to the State's Attorney or the Attorney |
General for prosecution under Section 29 of this Act.
|
(2) For a second offense: |
(A) Where no violations of the Illinois Plumbing |
Code are found, the person shall pay a civil penalty of |
$3,000 and may be referred to the State's Attorney or |
the Attorney General for prosecution under Section 29 |
of this Act.
|
(B) Where violations of the Illinois Plumbing Code |
are found, the person shall pay a civil penalty of |
$5,000 (the amount of $5,000 may be reduced to $3,000 |
upon the condition that the unregistered person pays |
for a licensed plumber who is acceptable to the other |
party to the original contract or agreement to correct |
the violations of the Illinois Plumbing Code) and may |
be referred to the State's Attorney or the Attorney |
General for prosecution under Section 29 of this Act. |
(3) For a third or subsequent offense, the person shall |
pay a civil penalty of $5,000 and be referred to the |
State's Attorney or the Attorney General for prosecution |
under Section 29 of this Act.
|
(e) A registered irrigation contractor, firm, corporation, |
partnership, or association that directs, authorizes, or |
allows a person to practice, offer to practice, attempt to |
practice, or hold himself or herself out to practice as an |
irrigation employee without being registered under the |
provisions of this Act, shall be subject to the following: |
(1) For a first offense, the registrant:
|
(A) shall pay a civil penalty of $5,000;
|
(B) shall be required to pay for a licensed plumber |
who is acceptable to the other party to the original |
contract or agreement to correct any violations of the |
Illinois Plumbing Code;
|
(C) shall have his, her, or its plumbing license |
suspended; and |
(D) may be referred to the State's Attorney or the |
|
Attorney General for prosecution under Section 29 of |
this Act. |
(2) For a second offense, the registrant:
|
(A) shall pay a civil penalty of $5,000; |
(B) shall be required to pay for a licensed plumber |
who is acceptable to the other party to the original |
contract or agreement to correct any violations of the |
Illinois Plumbing Code; |
(C) shall have his, her, or its registration |
revoked; and |
(D) shall be referred to the State's Attorney or |
the Attorney General for prosecution under Section 29 |
of this Act.
|
(Source: P.A. 91-678, eff. 1-26-00; 92-338, eff. 8-10-01.)
|
Section 99. Effective date. This Act takes effect January |
1, 2008.
|