State of Illinois
91st General Assembly
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Public Act 91-0678

HB0539 Enrolled                               LRB9100612ACdvA

    AN ACT concerning lawn sprinkler systems.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The Illinois Plumbing License Law is amended
by changing Sections 2, 3, 19, 29.5, 30, and  42  and  adding
Sections 2.5, 2.6, and 16.1 as follows:

    (225 ILCS 320/2) (from Ch. 111, par. 1102)
    Sec. 2.  When used in this Act:
    "Agent"  means  a  person  designated  by  a  sponsor  as
responsible  for supervision of an apprentice plumber and who
is also an Illinois licensed plumber.
    "Apprentice plumber" means any  licensed  person  who  is
learning  and  performing plumbing under the supervision of a
sponsor or his agent in accordance  with  the  provisions  of
this Act.
    "Approved apprenticeship program" means an apprenticeship
program  approved by the U.S. Department of Labor's Bureau of
Apprenticeship and Training and the Department under rules.
    "Board"  means  the  Illinois  State  Board  of  Plumbing
Examiners.
    "Building drain" means that part of the lowest horizontal
piping of a drainage system that receives the discharge  from
soil,  waste,  and other drainage pipes inside the walls of a
building and conveys it to 5 feet beyond the foundation walls
where it is connected to the building sewer.
    "Building sewer" means that part of the horizontal piping
of a drainage  system  that  extends  from  the  end  of  the
building  drain, receives the discharge of the building drain
and conveys it to a public sewer or private  sewage  disposal
system.
    "Department"  means  the  Illinois  Department  of Public
Health.
    "Director" means the Director of the Illinois  Department
of Public Health.
    "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.
    "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
Such system" includes without  limitation  the  water  supply
piping,  valves,  and  sprinkler  heads  or  other irrigation
outlets, 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  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.)

    (225 ILCS 320/2.5 new)
    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. 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.
    (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  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 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  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 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  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 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)  This  Section  is  repealed January 1, 2003, and all
registrations under this Section terminate on that date.

    (225 ILCS 320/2.6 new)
    Sec. 2.6.  Golf courses.   A  golf  course  with  a  lawn
sprinkler  system  installed  prior  to the effective date of
this amendatory Act of the 91st General Assembly may  extend,
relocate,  or  modify  up  to 200 linear yards of an existing
lawn  sprinkler  system  without   being   subject   to   the
requirements  of  Section  2.5  of this Act.  However, if the
extension, relocation, or modification of  an  existing  lawn
sprinkler  system  involves  a  connection of the system to a
backflow prevention device, a licensed plumber shall make the
physical connection between the lawn sprinkler system and the
backflow prevention device.

    (225 ILCS 320/3) (from Ch. 111, par. 1103)
    Sec. 3.  (1)  All  planning  and  designing  of  plumbing
systems  and all plumbing shall be performed only by plumbers
licensed under the provisions of this Act hereinafter  called
"licensed  plumbers" and "licensed apprentice plumbers".  The
inspection of plumbing and plumbing  systems  shall  be  done
only  by  the  sponsor  or  his  or her agent who shall be an
Illinois licensed plumber.  Nothing  herein  contained  shall
prohibit  licensed  plumbers  or licensed apprentice plumbers
under  supervision  from  planning,  designing,   inspecting,
installing,  repairing,  maintaining,  altering  or extending
building sewers in accordance with this Act.  No  person  who
holds  a  license  or  certificate  of registration under the
Illinois Architecture Practice Act of 1989, or the Structural
Engineering  Practice  Act  of  1989,  or  the   Professional
Engineering  Practice  Act  of  1989  shall be prevented from
planning and designing plumbing systems.
    (2)  Nothing herein contained shall  prohibit  the  owner
occupant  or lessee occupant of a single family residence, or
the owner of a single family residence under construction for
his or her occupancy, from planning, installing, altering  or
repairing  the  plumbing  system  of such residence, provided
that  (i)  such  plumbing  shall  comply  with  the   minimum
standards  for  plumbing  contained  in  the  Illinois  State
Plumbing  Code,  and  shall  be  subject to inspection by the
Department or the local governmental unit  if  it  retains  a
licensed  plumber as an inspector; and (ii) such owner, owner
occupant or lessee occupant shall not  employ  other  than  a
plumber licensed pursuant to this Act to assist him or her.
    For  purposes  of  this  subsection,  a  person  shall be
considered an "occupant" if and only if he or she  has  taken
possession  of  and  is  living in the premises as his or her
bona fide sole and exclusive residence, or, in the  case   of
an  owner of a single family residence under construction for
his or her occupancy, he or she expects to take possession of
and live in the premises as his or her  bona  fide  sole  and
exclusive residence, and he or she has a current intention to
live  in  such  premises  as  his  or  her bona fide sole and
exclusive residence for a period of not less  than  6  months
after  the completion of the plumbing work performed pursuant
to the authorization of this subsection, or, in the  case  of
an  owner of a single family residence under construction for
his or her occupancy, for a period of not less than 6  months
after  the  completion  of  construction  of  the  residence.
Failure  to  possess  and  live in the premises as a sole and
exclusive residence for a period of 6 months  or  more  shall
create a rebuttable presumption of a lack of such intention.
    (3)  The employees of a firm, association, partnership or
corporation who engage in plumbing shall be licensed plumbers
or licensed apprentice plumbers. At least one member of every
firm,  association  or  partnership engaged in plumbing work,
and at least  one  corporate  officer  of  every  corporation
engaged  in  plumbing  work,  as  the case may be, shall be a
licensed  plumber.  A  retired  plumber  cannot  fulfill  the
requirements of this subsection (3).
    Notwithstanding the provisions of this subsection (3), it
shall be lawful for an irrigation contractor registered under
Section 2.5 of this Act to employ or  contract  with  one  or
more  licensed  plumbers  in  connection  with  work  on lawn
sprinkler systems pursuant to Section 2.5 of this Act.
    (4) (a)  A licensed apprentice plumber shall plan, design
    and install plumbing only under the  supervision  of  the
    sponsor  or  his  or  her  agent  who is also an Illinois
    licensed plumber.
         (b)  An applicant for  licensing  as  an  apprentice
    plumber  shall  be  at least 16 years of age and apply on
    the application form provided  by  the  Department.  Such
    application  shall verify that the applicant is sponsored
    by  an  Illinois  licensed   plumber   or   an   approved
    apprenticeship  program  and  shall  contain the name and
    license  number  of  the  licensed  plumber  or   program
    sponsor.
         (c)  No  licensed  plumber shall sponsor more than 2
    licensed apprentice plumbers  at  the  same  time.  If  2
    licensed  apprentice  plumbers are sponsored by a plumber
    at the same time, one of the apprentices must have, at  a
    minimum,  2 years experience as a licensed apprentice. No
    licensed  plumber  sponsor  or  his  or  her  agent   may
    supervise  2  licensed apprentices with less than 2 years
    experience at the same time. The sponsor or  agent  shall
    supervise  and  be responsible for the plumbing performed
    by a licensed apprentice.
         (d)  No agent shall supervise more than  2  licensed
    apprentices at the same time.
         (e)  No  licensed  plumber  may,  in  any  capacity,
    supervise more than 2 licensed apprentice plumbers at the
    same time.
         (f)  No  approved apprenticeship program may sponsor
    more licensed apprentices than  2  times  the  number  of
    licensed  plumbers  available to supervise those licensed
    apprentices.
         (g)  No approved apprenticeship program may  sponsor
    more   licensed   apprentices  with  less  than  2  years
    experience than it has  licensed  plumbers  available  to
    supervise those licensed apprentices.
         (h)  No  individual  shall  work  as  an  apprentice
    plumber  unless he or she is properly licensed under this
    Act.  The Department shall issue an apprentice  plumber's
    license to each approved applicant.
         (i)  No licensed apprentice plumber shall serve more
    than  a  6 year licensed apprenticeship period.  If, upon
    completion of a 6 year  licensed  apprenticeship  period,
    such  licensed  apprentice plumber does not apply for the
    examination for a plumber's license and successfully pass
    the examination for  a  plumber's  license,  his  or  her
    apprentice plumber's license shall not be renewed.
    Nothing  contained  in  P.A.  83-878, entitled "An Act in
relation to professions", approved September  26,  1983,  was
intended  by  the General Assembly nor should it be construed
to require the employees of a governmental unit or  privately
owned  municipal  water  supplier  who  operate,  maintain or
repair a water or sewer plant  facility  which  is  owned  or
operated   by  such  governmental  unit  or  privately  owned
municipal water supplier to be licensed plumbers  under  this
Act.   In  addition,  nothing  contained  in  P.A. 83-878 was
intended by the General Assembly nor should it  be  construed
to permit persons other than licensed plumbers to perform the
installation,  repair, maintenance or replacement of plumbing
fixtures, such as toilet facilities,  floor  drains,  showers
and  lavatories,  and the piping attendant to those fixtures,
within  such  facility  or  in  the  construction  of  a  new
facility.
    Nothing contained in P.A. 83-878,  entitled  "An  Act  in
relation  to  professions",  approved September 26, 1983, was
intended by the General Assembly nor should it  be  construed
to  require the employees of a governmental unit or privately
owned  municipal  water  supplier  who  install,  repair   or
maintain  water service lines from water mains in the street,
alley or curb line to private property lines and who install,
repair or maintain water meters to be licensed plumbers under
this Act if such work was customarily performed prior to  the
effective  date of such Act by employees of such governmental
unit or privately owned municipal water supplier who were not
licensed plumbers.   Any  such  work  which  was  customarily
performed  prior to the effective date of such Act by persons
who were licensed plumbers or subcontracted  to  persons  who
were  licensed  plumbers  must  continue  to  be performed by
persons who are licensed plumbers or subcontracted to persons
who are licensed plumbers.  When necessary  under  this  Act,
the  Department  shall  make the determination whether or not
persons who are licensed plumbers customarily performed  such
work.
(Source: P.A. 91-91, eff. 1-1-00.)

    (225 ILCS 320/16.1 new)
    Sec. 16.1.  Local ordinances; irrigation contractors.
    (1)  Any  city,  village,  or  incorporated town having a
population of 500,000 or more may, by an ordinance containing
provisions substantially the same as those in this  Act  with
respect   to  the  registration  of  irrigation  contractors,
provide for the registration of irrigation contractors within
such city, village, or incorporated town. Upon the  enactment
of  the  ordinance,  the  provisions  of this Act relating to
irrigation  contractors  shall  not  apply  within  any  such
municipality except as otherwise provided herein.
    (2)  Any person registered as  an  irrigation  contractor
pursuant  to  such ordinance, or registered by the Department
under this Act, may install or supervise the installation  of
lawn sprinkler systems anywhere in this State.
    (3)  Any  municipality  enacting an ordinance pursuant to
this Section shall maintain a current record similar to  that
required  of  the  Department by Section 2.5 of this Act, and
shall  provide  the  Department  with  a  copy  thereof.  The
Department shall be advised of  changes  in  such  record  at
least every 6 months.
    (225 ILCS 320/19) (from Ch. 111, par. 1118)
    Sec.  19.  The Director, after notice and opportunity for
hearing to the applicant, or license holder,  or  registrant,
may deny, suspend, or revoke a license or registration in any
case  in  which  he  or  she  finds  that  there  has  been a
substantial failure to comply with the provisions of this Act
or the standards, rules, and  regulations  established  under
this Act.
    Notice shall be provided by certified mail or by personal
service setting forth the particular reasons for the proposed
action and fixing a date, not less than 20 days from the date
of the mailing or service, within which time the applicant or
license  holder must request in writing a hearing. Failure to
serve upon the Department a request for  hearing  in  writing
within  the  time  provided  in the notice shall constitute a
waiver of the person's right to an administrative hearing.
    The hearing shall be conducted by the Director or  by  an
individual designated in writing by the Director as a hearing
officer  to  conduct  the  hearing.  The  Director or hearing
officer shall give written notice of the time  and  place  of
the  hearing,  by  certified mail or personal service, to the
applicant, or license holder, or registrant at least 10  days
prior  to  the hearing.  On the basis of the hearing, or upon
default of the applicant, or license holder,  or  registrant,
the Director shall make a determination specifying his or her
findings  and conclusions.  A copy of the determination shall
be sent by certified  mail  or  served  personally  upon  the
applicant, or license holder, or registrant.  The decision of
the  Director  shall  be final on issues of fact and final in
all respects unless judicial review is sought as provided  in
this Act.
    The  procedure  governing  hearings  authorized  by  this
Section  shall be in accordance with rules promulgated by the
Department.  A full and complete record shall be kept of  all
proceedings,  including the notice of hearing, complaint, and
all other documents  in  the  nature  of  pleadings,  written
motions  filed  in the proceedings, and the report and orders
of the Director and hearing officer.
    The Department at  its  expense  shall  provide  a  court
reporter   to   take   testimony.   Technical  error  in  the
proceedings before the Department or hearing officer or their
failure to observe the technical rules of evidence shall  not
be  grounds  for  the reversal of any administrative decision
unless it appears to the Court that  such  error  or  failure
materially  affects  the  rights  of any party and results in
substantial injustice to them.
    The Department or hearing officer, or any parties  in  an
investigation or hearing before the Department, may cause the
depositions  of witnesses within the State to be taken in the
manner prescribed by law for depositions in civil actions  in
courts  of this State, and compel the attendance of witnesses
and the production of books, papers, records, or memoranda.
      The Department shall not be  required  to  certify  any
record  to the Court or file any answer in Court or otherwise
appear in any Court in a judicial review  proceeding,  unless
there is filed in the Court with the complaint a receipt from
the   Department   acknowledging  payment  of  the  costs  of
furnishing and certifying the record.   Such  cost  shall  be
paid  by  the party requesting a copy of the record.  Failure
on the part of the person requesting a copy of the record  to
pay the cost shall be grounds for dismissal of the action.
(Source: P.A. 87-885.)

    (225 ILCS 320/29.5)
    Sec.   29.5.  Unlicensed   practice;   violation;   civil
penalty.
    (a)  A person who practices, offers to practice, attempts
to practice, or holds himself or herself out to practice as a
plumber  without  being  licensed  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.
    (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 without being licensed 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.
(Source: P.A. 90-714, eff. 8-7-98.)

    (225 ILCS 320/30) (from Ch. 111, par. 1129)
    Sec.  30.  (1) The Department shall, by rule, establish a
schedule of fees for examination, registration, and licensure
sufficient to offset a portion of the costs of administration
and enforcement of this Act.
    (2)  The Department may, by rule, establish a schedule of
fees for the publication and mailing of  the  Illinois  State
Plumbing Code.
(Source: P.A. 87-885.)

    (225 ILCS 320/42)
    Sec. 42.  Home rule. Pursuant to paragraph (h) of Section
6  of  Article  VII  of the Illinois Constitution of 1970 the
power  to  regulate  the  licensing  of  plumbers,  and   the
promulgation of a minimum plumbing code of standards, and the
power  to regulate the registration of irrigation contractors
shall,  except  as  may  otherwise  be  provided  within  and
pursuant to the provisions of Section 16 and Section 16.1  of
this  Act, be exercised by the State and may not be exercised
by any unit of local government, including home rule units.
(Source: P.A. 83-878.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.

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