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| Public Act 102-1137 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Plumbing License Law is amended by | ||||
changing Sections 2.5 and 29.5 as follows:
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(225 ILCS 320/2.5)
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(Section scheduled to be repealed on January 1, 2024)
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Sec. 2.5. Irrigation contractors; lawn sprinkler systems.
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(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,
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
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employee's name, home address, and telephone number. The
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Department
may provide by rule for the administration of
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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.
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(b) A licensed plumber or licensed apprentice plumber may | ||
install
a lawn sprinkler system connected to any water source
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without
registration under this Section.
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(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. The inspecting A
licensed plumber shall | ||
make the physical
connection between a lawn sprinkler system | ||
and the backflow prevention device. The inspecting licensed | ||
plumber shall inspect every aspect of the sprinkler system, | ||
including all piping, fittings, and heads, to ensure the | ||
provisions of this Section have been met.
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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
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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.
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The
registered irrigation contractor and the licensed | ||
plumber
whose identifying information is contained on the
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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.
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(d) An irrigation contractor who 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.
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An irrigation contractor who 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.
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An irrigation contractor who 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.
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An irrigation contractor who 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.
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An irrigation contractor who 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.
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An irrigation contractor who 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.
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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
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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
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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 2-year | ||
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.
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(e) No person shall attach to a lawn sprinkler system any | ||
fixture intended
to supply water for human consumption.
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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.
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(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.
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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.
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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.
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(g) All automatically operated lawn sprinkler systems | ||
shall have furnished and installed technology that inhibits or | ||
interrupts operation of the landscape irrigation system during | ||
periods of sufficient moisture or rainfall. The technology | ||
must be adjustable either by the end user or the irrigation | ||
contractor. | ||
This subsection (g) does not apply to systems operating on | ||
golf courses or agricultural lands. | ||
The requirements of this subsection (g) apply to all | ||
landscape irrigation systems installed after January 1, 2009.
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(Source: P.A. 94-101, eff. 1-1-08; 95-421, eff. 1-1-09.)
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(225 ILCS 320/29.5)
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Sec. 29.5. Unlicensed and unregistered practice; | ||
violation; civil
penalties. | ||
(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, 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
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registrant.
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(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.
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(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
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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.
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(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:
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(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.
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(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.
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(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.
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(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:
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(A) shall pay a civil penalty of $10,000 $5,000;
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(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;
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(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:
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(A) shall pay a civil penalty of $10,000 $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. | ||
(f) If the inspecting licensed plumber does not inspect | ||
every sprinkler system installed by an irrigation contractor | ||
to ensure the provisions of this Act have been met and that the | ||
system works mechanically or signs off on the installation | ||
without making the physical connection between a lawn | ||
sprinkler system and the backflow prevention device, the | ||
licensed plumber: | ||
(1) shall pay a civil penalty of $10,000; | ||
(2) 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 | ||
Act; | ||
(3) shall have his, her, or its plumbing license | ||
suspended; and | ||
(4) may be referred to the State's Attorney or the | ||
Attorney General for prosecution under Section 29 of this | ||
Act.
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(Source: P.A. 94-101, eff. 1-1-08.)
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