Public Act 099-0504
 
HB5913 EnrolledLRB099 20382 SMS 44866 b


  
    AN ACT concerning regulation.
  
 
    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 3, 8, and 10 as follows:
 



    (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. Each licensed plumber shall, as a condition of each 
annual license renewal after the first license, provide proof 
of completion of 4 hours of continuing education.  Sponsors of 
continuing education shall meet the criteria provided by the 
Board of Plumbing Examiners and Plumbing Code advisory council.  
Continuing education courses shall provide instruction in 
plumbing, which is supervised directly by an Illinois licensed 
plumber only. 

    (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).
 Plumbing contractors are also required to be 
registered pursuant to the
provisions of this Act.

    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; 91-678, eff. 1-26-00; 92-338, 
eff. 8-10-01.)

 



    (225 ILCS 320/8)  (from Ch. 111, par. 1107)



    Sec. 8. The Director shall: 

    (1) Prepare forms for application for examination for a 
plumber's license.

    (2) Prepare and issue licenses as provided in this Act.

    (3) With the aid of the Board prescribe rules and 
regulations for
examination of applicants for plumber's 
licenses.

    (4) With the aid of the Board prepare and give uniform and 
comprehensive
examinations to applicants for a plumber's 
license which shall test
their knowledge and qualifications in 
the planning and design of plumbing
systems, their knowledge, 
qualifications, and manual skills in plumbing,
and their 
knowledge of the State's minimum code of standards relating to

fixtures, materials, design and installation methods of 
plumbing
systems, promulgated pursuant to this Act.

    (5) Issue a plumber's license and license renewal to every 
applicant who
has passed the examination and who has paid the 
required license and renewal
fee.

    (6) Prescribe rules for hearings to deny, suspend, revoke 
or reinstate
licenses as provided in this Act.

    (7) Maintain a current record showing (a) the names and 
addresses of
registered plumbing contractors,
licensed

plumbers, licensed apprentice plumbers, and licensed retired

plumbers, (b) the dates of issuance of
licenses, (c) the date 
and substance of the charges set forth in any hearing
for 
denial, suspension or revocation of any license, (d) the date 
and substance
of the final order issued upon each such hearing, 
and (e) the date and
substance
of all petitions for 
reinstatement of license and final orders on such
petitions.

    (8) Prescribe, in consultation with the Board, uniform and 
reasonable
rules defining what constitutes an approved course 
of instruction in plumbing,
in colleges, universities, or
trade 
schools, and approve or disapprove the courses of instruction 
offered
by such colleges, universities, or trade schools by 
reference to their
compliance
or noncompliance with such rules. 
Such rules shall be designed to assure
that an approved course 
of instruction will adequately teach the design,
planning, 
installation, replacement, extension, alteration and repair of

plumbing.

    Each instructor participating in a program of instruction 
in plumbing shall be:
    (a) an Illinois licensed plumber;
    (b) an individual who possesses a provisional career and 
technical educator endorsement on an educator license, issued 
by the State Board of Education pursuant to Section 21B-20 of 
the School Code  in a field related to plumbing, such as 
hydraulics, pneumatics, or water chemistry; or
    (c) a representative of an industry or a manufacturing 
business related to plumbing, including, but not limited to, 
the copper industry, plastic pipe industry, or cast iron 
industry.  Courses that are taught by industry representatives 
shall be educational and shall not be sales oriented.  Industry 
representatives shall be assisted by an Illinois licensed 
plumber during the presentation of a course of instruction.
    The instructor shall provide verification of the license or 
certificate. A copy of the instructor's educator license will 
establish verification. 
(Source: P.A. 92-338, eff. 8-10-01.)

 



    (225 ILCS 320/10)  (from Ch. 111, par. 1109)



    Sec. 10. 
(1) An applicant for a plumber's license shall 
file a written
application in the office of the Department on 
the form designated by the
Department at least 30 days before 
the date set by the Department for the
examination.

    (2) The Director shall promptly approve the application for 
examination if:


        (a) the required application fee has been paid, and


        (b) the applicant has submitted evidence that he or she 
    is a citizen
of the United States or has declared his or 
    her intention to become a
citizen, and


        (c) the applicant has submitted evidence that he or she 
    has completed
at least a 2 year course of study in a high 
    school, or an equivalent
course of study, and


        (d) the applicant has been employed as an Illinois 
    licensed apprentice
plumber under supervision in 
    accordance with this Act  for at least 4 years
preceding the 
    date of application and has submitted evidence that he or 
    she
has worked at the plumbing trade in accordance with 
    this Act for the 4 year
Illinois licensed apprentice 
    plumber apprenticeship period, or


        (e) the applicant has submitted evidence that he or she 
    has
successfully completed an approved course of 
    instruction in plumbing supervised directly by an Illinois 
    licensed plumber in
colleges, universities, or trade 
    schools.

    (3) If the application for examination is approved, the 
Department shall
promptly notify the applicant in writing of 
such approval and of the place
and time of the examination.  If 
the application is disapproved, the Department
shall promptly 
notify the applicant in writing of such disapproval, stating

the reasons for disapproval.

    (4) If an applicant neglects, fails or refuses to take an 
examination
for license under this Act, the application is 
denied.  However, such
applicant may submit a new application 
for examination, accompanied by the
required application fee. 
Application fees for examination for a plumber's
license are 
not refundable. 

(Source: P.A. 87-885.)