(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).
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 |
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and install plumbing only under the supervision of the sponsor or his or her agent who is also an Illinois licensed plumber.
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(b) An applicant for licensing as an apprentice
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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.
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(c) No licensed plumber shall sponsor more than 2
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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.
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(d) No agent shall supervise more than 2 licensed
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apprentices at the same time.
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(e) No licensed plumber may, in any capacity,
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supervise more than 2 licensed apprentice plumbers at the same time.
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(f) No approved apprenticeship program may sponsor
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more licensed apprentices than 2 times the number of licensed plumbers available to supervise those licensed apprentices.
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(g) No approved apprenticeship program may sponsor
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more licensed apprentices with less than 2 years experience than it has licensed plumbers available to supervise those licensed apprentices.
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(h) No individual shall work as an apprentice
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plumber unless he or she is properly licensed under this Act. The Department shall issue an apprentice plumber's license to each approved applicant.
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(i) No licensed apprentice plumber shall serve more
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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.
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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.)
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(225 ILCS 320/5) (from Ch. 111, par. 1104)
Sec. 5.
Advertising.
(a) Persons who advertise plumbing services shall,
at their place
of business, display the licensed plumber's license of at least one
member of the firm, partnership or officer of the corporation and shall
maintain a register listing the names and license numbers of all licensed
plumbers and all licensed apprentice plumbers currently employed by them.
The number of the license so displayed shall also be included with the
plumbing identification on vehicles.
(b) No person who provides plumbing services may advertise those services
unless
that person includes in the advertisement the license number that is required
to be displayed under
subsection (a). Nothing contained in this subsection
requires the publisher of advertising for plumbing services to investigate or
verify the accuracy of the license number provided by the
advertiser.
(b.5) Any person who advertises plumbing services (i) who fails to display
the license number required by subsection (a) in all manners required by
that subsection, (ii) who fails to provide a publisher with the correct number
under subsection (b), or (iii) who provides a publisher with a false license
number or a
license number of a person other than the person designated under subsection
(a), or any person who allows his or her license number to be displayed or used
in
order to allow any other person
to circumvent any
provisions of this Section is guilty of a Class A misdemeanor with a fine of
$1,000, which shall be subject to the enforcement provisions of Section 29 of
this Act. Each day that a person fails to display the required license under
subsection (a) and each day that an advertisement runs or each day that a
person
allows his or her license to be displayed or used in violation of this Section
constitutes a separate offense.
In addition to, and not in lieu of, the
penalties and remedies provided for in this Section and Section 29 of this Act,
any person licensed under this Act who violates any provision of this Section
shall be subject to suspension or revocation of his or her license under
Section 19 of this Act.
(b.10) In addition to, and not in lieu of, the penalties and remedies
provided for in this Section and Sections 19, 20, and 29 of this Act, and
after notice and an opportunity for hearing as provided for in this
subsection and Section 19 of this Act, the Department may issue an Order Of
Correction to the telecommunications carrier furnishing service to any
telephone number contained in a printed advertisement for plumbing services
that is found to be in violation of the provisions
of this subsection. The Order of Correction shall be limited to the
telephone number contained in the unlawful advertisement. The Order of
Correction shall notify the telecommunications carrier to disconnect the
telephone service furnished to any telephone number contained in the
unlawful advertisement and that subsequent calls to that number shall not
be referred by the telecommunications carrier to any new telephone number
obtained by or any existing number registered to the person.
If, upon investigation, the Department has probable cause to believe
that a person has placed an advertisement with a telecommunications carrier
that: (i) contains a false license number, (ii) contains a license number
of a person other than the person designated under subsection (a), or (iii)
is placed or circulated by a person who is not properly licensed under this
Act, the Department shall provide notice to the person of the Department's
intent to issue an Order of Correction to the telecommunications carrier to
disconnect the telephone service furnished to any telephone number
contained in the unlawful advertisement, and that subsequent calls to that
number shall not be referred by the telecommunications carrier to any new
telephone number obtained by or any existing number registered to the
person.
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 person must request a hearing in writing. Failure to serve
upon the Department a written request for hearing within the time provided
in the notice shall constitute a waiver of the person's right to an
administrative hearing. The hearing, findings, and conclusions shall be in
accordance with the provisions contained in Section 19 of this Act and the
Department's Rules of Practice and Procedure in Administrative Hearings (77
Ill. Admin. Code 100), which are incorporated by reference herein.
Upon a finding that the person has violated the provisions of this
subsection, the Department shall issue the Order of Correction to the
telecommunications carrier. If the telecommunications carrier fails to
comply with the Order of Correction within 20 days after the order is
final, the Department shall inform the Illinois Commerce Commission of the
failure to comply and the Illinois Commerce Commission shall require the
telecommunications carrier furnishing services to that person to disconnect
the telephone service furnished to the telephone number contained in the
unlawful advertisement and direct that subsequent calls to that number
shall not be referred by the telecommunications carrier to any new
telephone number obtained by or any existing number registered to the
person.
A person may have his or her telephone services restored, after an
Order of Correction has been issued, upon a showing, to the satisfaction of
the Department, that he or she is in compliance with the provisions of this
Act.
(c) The Department may require by rule and regulation additional
information concerning licensed plumbers and licensed apprentice plumbers
maintained in the register. The Department shall have the right to examine
the payroll records of such persons to determine compliance with this
provision. The Department's right to examine payroll records is limited
solely to those records and does not extend to any other business records.
(Source: P.A. 91‑184, eff. 1‑1‑00.)
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(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.
(Source: P.A. 92‑338, eff. 8‑10‑01.)
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(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 |
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she is a citizen of the United States or has declared his or her intention to become a citizen, and
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(c) the applicant has submitted evidence that he or
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she has completed at least a 2 year course of study in a high school, or an equivalent course of study, and
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(d) the applicant has been employed as an Illinois
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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
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(e) the applicant has submitted evidence that he or
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she has successfully completed an approved course of instruction in plumbing in colleges, universities, or trade schools.
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(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.)
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(225 ILCS 320/19) (from Ch. 111, par. 1118)
Sec. 19.
The Director, after notice and opportunity for hearing to the
applicant, 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, license holder, or registrant at least 10 days prior
to the hearing. On
the basis of the hearing, or upon default of the applicant, 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, 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. 91‑678, eff. 1‑26‑00.)
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(225 ILCS 320/20) (from Ch. 111, par. 1119)
Sec. 20.
Grounds for discipline.
(1) The Director may deny, revoke or
suspend a license or registration
when findings show one or more of the following:
(a) That the licensee or registrant obtained or |
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conspired with others to obtain a license or registration by inducing the issuance thereof in consideration of the payment of money or delivery of any other thing of value or by and through misrepresentation of facts.
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(b) That the licensee or registrant willfully
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violated any law of this State or any rule, regulation or code promulgated thereunder regulating plumbing, licensed or registered plumbing contractors, licensed plumbers, licensed apprentice plumbers, licensed retired plumbers, water well pump installations and private sewage disposal systems.
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(c) That the licensee or registrant has been guilty
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of negligence or incompetence in the performance of plumbing.
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(d) That the licensee or registrant has loaned or in
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any manner transferred his or her license to another person.
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(e) That the sponsor or his or her agent has failed
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to properly supervise a licensed apprentice plumber.
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(f) That the owner or officer of a registered
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plumbing contractor failed to maintain a valid plumbing license.
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(g) That the registered plumbing contractor used a
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plumbing license without the permission of the licensee.
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(2) If a license is suspended or revoked, the license shall be
surrendered to the Department but, if suspended, it shall be returned to
the licensee upon the termination of the suspension period.
The Department may refuse to issue or may suspend the license
of any person who fails to file a return, or to pay the tax, penalty or
interest shown in a filed return, or to pay any final assessment of tax,
penalty or interest, as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the requirements of any
such tax Act are satisfied.
(Source: P.A. 92‑338, eff. 8‑10‑01.)
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(225 ILCS 320/29.5)
(Text of Section before amendment by P.A. 94‑101
)
Sec. 29.5.
Unlicensed and unregistered 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 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.
(Source: P.A. 91‑678, eff. 1‑26‑00; 92‑338, eff. 8‑10‑01.)
(Text of Section after amendment by P.A. 94‑101
)
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
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
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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.
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(B) Where violations of the Illinois Plumbing
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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
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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
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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.
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(3) For a third or subsequent offense, the person
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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,
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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:
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(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
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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
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(D) may be referred to the State's Attorney or
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the Attorney General for prosecution under Section 29 of this Act.
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(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
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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 registration
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(D) shall be referred to the State's Attorney or
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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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