Bill Text: IL HB5747 | 2009-2010 | 96th General Assembly | Introduced
Bill Title: Amends the Illinois Plumbing License Law. Provides that nothing contained in P.A. 83-878, entitled "An Act in relation to professions", approved September 26, 1983, applies to a rural water company as defined in the Property Tax Code. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-02-09 - Referred to Rules Committee [HB5747 Detail]
Download: Illinois-2009-HB5747-Introduced.html
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1 | AN ACT concerning professional regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Plumbing License Law is amended by | |||||||||||||||||||
5 | changing Section 3 as follows:
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6 | (225 ILCS 320/3) (from Ch. 111, par. 1103)
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7 | Sec. 3.
(1) All planning and designing of plumbing systems
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8 | and all plumbing shall be performed only by plumbers licensed | |||||||||||||||||||
9 | under the
provisions of this Act hereinafter called "licensed | |||||||||||||||||||
10 | plumbers" and "licensed
apprentice plumbers". The inspection | |||||||||||||||||||
11 | of plumbing and plumbing systems
shall be done only by the | |||||||||||||||||||
12 | sponsor or his or her agent who shall be an Illinois
licensed | |||||||||||||||||||
13 | plumber. Nothing herein contained shall prohibit licensed
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14 | plumbers or licensed apprentice plumbers under supervision | |||||||||||||||||||
15 | from planning,
designing, inspecting, installing, repairing, | |||||||||||||||||||
16 | maintaining, altering or
extending building sewers in | |||||||||||||||||||
17 | accordance with this Act. No person who holds
a license or | |||||||||||||||||||
18 | certificate of registration under the Illinois Architecture
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19 | Practice Act of 1989, or the Structural Engineering
Practice | |||||||||||||||||||
20 | Act of 1989,
or the Professional Engineering Practice Act of | |||||||||||||||||||
21 | 1989 shall be prevented
from planning and designing plumbing | |||||||||||||||||||
22 | systems.
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23 | (2) Nothing herein contained shall prohibit the owner |
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1 | occupant or lessee
occupant of a single family residence, or | ||||||
2 | the owner of a single family
residence under construction for | ||||||
3 | his or her occupancy, from planning,
installing, altering or | ||||||
4 | repairing the plumbing system of such residence,
provided that | ||||||
5 | (i) such plumbing shall comply with the minimum standards for
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6 | plumbing contained in the Illinois State Plumbing Code, and | ||||||
7 | shall be
subject to inspection by the Department or the local | ||||||
8 | governmental unit if
it retains a licensed plumber as an | ||||||
9 | inspector; and (ii) such owner, owner
occupant or lessee | ||||||
10 | occupant shall not employ other than a plumber licensed
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11 | pursuant to this Act to assist him or her.
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12 | For purposes of this subsection, a person shall be | ||||||
13 | considered an "occupant"
if and only if he or she has taken | ||||||
14 | possession of and is living in the premises
as his or her bona | ||||||
15 | fide sole and exclusive residence, or, in the case of
an owner | ||||||
16 | of a single family residence under construction for his or her
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17 | occupancy, he or she expects to take possession of and live in | ||||||
18 | the premises
as his or her bona fide sole and exclusive | ||||||
19 | residence, and he or she has a
current intention to live in | ||||||
20 | such premises as his or her bona fide sole and
exclusive | ||||||
21 | residence for a period of not less than 6 months after the
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22 | completion of the plumbing work performed pursuant to the | ||||||
23 | authorization of
this subsection, or, in the case of an owner | ||||||
24 | of a single family residence
under construction for his or her | ||||||
25 | occupancy, for a period
of not less than 6 months after the | ||||||
26 | completion of construction of the
residence. Failure to possess |
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1 | and live in the premises as a sole and
exclusive residence for | ||||||
2 | a period of 6 months or more shall create a
rebuttable | ||||||
3 | presumption of a lack of such intention.
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4 | (3) The employees of a firm, association, partnership or | ||||||
5 | corporation who
engage in plumbing shall be licensed plumbers | ||||||
6 | or licensed apprentice plumbers.
At least one member of every | ||||||
7 | firm, association or partnership engaged in
plumbing work, and | ||||||
8 | at least one corporate officer of every corporation
engaged in | ||||||
9 | plumbing work, as the case may be, shall be a licensed plumber.
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10 | A retired plumber cannot fulfill the requirements of this | ||||||
11 | subsection (3).
Plumbing contractors are also required to be | ||||||
12 | registered pursuant to the
provisions of this Act.
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13 | Notwithstanding the provisions of this subsection (3), it | ||||||
14 | shall be lawful
for
an irrigation
contractor registered under | ||||||
15 | Section 2.5 of this Act to employ or contract with
one or more | ||||||
16 | licensed plumbers in connection
with work on lawn sprinkler | ||||||
17 | systems pursuant to Section 2.5 of this Act.
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18 | (4) (a) A licensed apprentice plumber shall plan, design | ||||||
19 | and install
plumbing only under the supervision of the | ||||||
20 | sponsor or his or her agent who is
also an Illinois | ||||||
21 | licensed plumber.
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22 | (b) An applicant for licensing as an apprentice plumber | ||||||
23 | shall be at
least 16 years of age and apply on the | ||||||
24 | application form provided by the
Department. Such | ||||||
25 | application shall verify that the applicant is sponsored
by | ||||||
26 | an Illinois licensed plumber or an approved apprenticeship |
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1 | program and
shall contain the name and license number of | ||||||
2 | the licensed plumber or program
sponsor.
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3 | (c) No licensed plumber shall sponsor more than 2 | ||||||
4 | licensed apprentice
plumbers at the same time. If 2 | ||||||
5 | licensed apprentice plumbers are sponsored
by a plumber at | ||||||
6 | the same time, one of the apprentices must have, at a
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7 | minimum, 2 years experience as a licensed apprentice. No | ||||||
8 | licensed plumber
sponsor or his or her agent may supervise | ||||||
9 | 2 licensed apprentices with less
than 2 years experience at | ||||||
10 | the same time. The sponsor or agent shall
supervise and be | ||||||
11 | responsible for the plumbing performed by a licensed
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12 | apprentice.
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13 | (d) No agent shall supervise more than 2 licensed | ||||||
14 | apprentices at the
same time.
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15 | (e) No licensed plumber may, in any capacity, supervise | ||||||
16 | more than 2
licensed apprentice plumbers at the same time.
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17 | (f) No approved apprenticeship program may sponsor | ||||||
18 | more licensed
apprentices than 2 times the number of | ||||||
19 | licensed plumbers available to
supervise those licensed | ||||||
20 | apprentices.
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21 | (g) No approved apprenticeship program may sponsor | ||||||
22 | more licensed
apprentices with less than 2 years experience | ||||||
23 | than it has licensed plumbers
available to supervise those | ||||||
24 | licensed apprentices.
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25 | (h) No individual shall work as an apprentice plumber | ||||||
26 | unless he or she
is properly licensed under this Act. The |
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1 | Department shall issue an
apprentice plumber's license to | ||||||
2 | each approved applicant.
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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, such | ||||||
6 | 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.
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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 to | ||||||
13 | require the employees of a
governmental unit or privately owned | ||||||
14 | municipal water supplier who operate,
maintain or repair a | ||||||
15 | water or sewer plant facility which is owned or
operated by | ||||||
16 | such governmental unit or privately owned municipal water
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17 | supplier to be licensed plumbers under this Act. In addition, | ||||||
18 | nothing
contained in P.A. 83-878 was intended by the General | ||||||
19 | Assembly nor should it
be construed to permit persons other | ||||||
20 | than licensed plumbers to perform the
installation, repair, | ||||||
21 | maintenance or replacement of plumbing fixtures, such
as toilet | ||||||
22 | facilities, floor drains, showers and lavatories, and the | ||||||
23 | piping
attendant to those fixtures, within such facility or in | ||||||
24 | the construction of
a new facility.
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25 | Nothing contained in P.A. 83-878, entitled "An Act in | ||||||
26 | relation to
professions", approved September 26, 1983, was |
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1 | intended by the General
Assembly nor should it be construed to | ||||||
2 | require the employees of a
governmental unit or privately owned | ||||||
3 | municipal water supplier who install,
repair or maintain water | ||||||
4 | service lines from water mains in the street, alley
or curb | ||||||
5 | line to private property lines and who install, repair or | ||||||
6 | maintain
water meters to be licensed plumbers under this Act if | ||||||
7 | such work was
customarily performed prior to the effective date | ||||||
8 | of such Act by employees
of such governmental unit or privately | ||||||
9 | owned municipal water supplier who
were not licensed plumbers. | ||||||
10 | Any such work which was customarily performed
prior to the | ||||||
11 | effective date of such Act by persons who were licensed
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12 | plumbers or subcontracted to persons who were licensed plumbers | ||||||
13 | must
continue to be performed by persons who are licensed | ||||||
14 | plumbers or
subcontracted to persons who are licensed plumbers. | ||||||
15 | When necessary under
this Act, the Department shall make the | ||||||
16 | determination whether or not
persons who are licensed plumbers | ||||||
17 | customarily performed such work. | ||||||
18 | Nothing contained in P.A. 83-878, entitled "An Act in | ||||||
19 | relation to
professions", approved September 26, 1983, applies | ||||||
20 | to a rural water company as defined in the Property Tax Code.
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21 | (Source: P.A. 91-91, eff. 1-1-00; 91-678, eff. 1-26-00; 92-338, | ||||||
22 | eff. 8-10-01.)
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23 | Section 99. Effective date. This Act takes effect upon | ||||||
24 | becoming law.
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