Bill Text: IL HB4245 | 2021-2022 | 102nd General Assembly | Enrolled
Bill Title: Amends the Illinois Plumbing License Law. Provides that the inspecting licensed plumber (rather than just a licensed plumber) shall make the physical connection between a lawn sprinkler system and the backflow prevention device. Provides that the inspecting licensed plumber shall inspect every aspect of the sprinkler system to ensure the provisions concerning irrigation contractors and lawn sprinkler systems have been met. In provisions concerning civil penalties, provides that a registered irrigation contractor, firm, corporation, partnership, or association that directs, authorizes, or allows a person to practice, offer to practice, attempt to practice, or hold himself or herself out to practice as an irrigation employee without being registered under the Act, shall be subject to a civil penalty of $10,000 for a first and second offense (rather than $5,000) along with other specified penalties. Provides penalties for an inspecting licensed plumber who does not inspect every sprinkler system installed by an irrigation contractor to ensure the provisions of the Act have been met and that the system works mechanically or signs off on the installation without making the physical connection between a lawn sprinkler system and the backflow prevention device.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Enrolled - Dead) 2023-01-06 - Passed Both Houses [HB4245 Detail]
Download: Illinois-2021-HB4245-Enrolled.html
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1 | AN ACT concerning 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 Sections 2.5 and 29.5 as follows:
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6 | (225 ILCS 320/2.5)
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7 | (Section scheduled to be repealed on January 1, 2024)
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8 | Sec. 2.5. Irrigation contractors; lawn sprinkler systems.
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9 | (a) Every irrigation contractor doing business in this | ||||||
10 | State shall annually
register with the
Department. Every | ||||||
11 | irrigation contractor shall provide to the Department
his or | ||||||
12 | her business name and address, telephone number, name of | ||||||
13 | principal,
FEIN number, and an original certificate of | ||||||
14 | insurance documenting that the irrigation contractor carries | ||||||
15 | general liability insurance with a minimum of $100,000 per | ||||||
16 | occurrence, bodily injury insurance with a minimum of $300,000 | ||||||
17 | per occurrence, property damage insurance with a minimum of | ||||||
18 | $50,000, and worker's compensation insurance with a minimum of | ||||||
19 | $500,000. No registration may be issued in the absence of the | ||||||
20 | certificate of insurance. The certificate must be in force at | ||||||
21 | all times for registration to remain valid. | ||||||
22 | On a form provided by the Department, every irrigation | ||||||
23 | contractor must provide to the Department an indemnification |
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1 | bond in the amount of $20,000 or an irrevocable letter of | ||||||
2 | credit from a financial institution guaranteeing that funds | ||||||
3 | shall be available only to the Department and shall be | ||||||
4 | released upon written notification by the Department in the | ||||||
5 | same amount for any work on lawn sprinkler systems performed | ||||||
6 | by the registered irrigation contractor. The letter of credit | ||||||
7 | shall be printed on the letterhead of the issuing financial | ||||||
8 | institution, be signed by an officer of the same financial | ||||||
9 | institution, name the Department as the sole beneficiary, and | ||||||
10 | expire on February 28 of each year. | ||||||
11 | Every irrigation contractor doing business in this State | ||||||
12 | shall also
register
with the Department each and every | ||||||
13 | employee who installs or supervises the
installation of lawn | ||||||
14 | sprinkler systems. The
registration shall include the
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15 | employee's name, home address, and telephone number. The
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16 | Department
may provide by rule for the administration of
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17 | registrations under
this subsection.
The annual
registration | ||||||
18 | fee shall be set by the Department pursuant to
Section 30 of | ||||||
19 | this Act. Each registered irrigation contractor must provide | ||||||
20 | proof that he or she employs at least one irrigation employee | ||||||
21 | who has completed and passed an approved class in the design | ||||||
22 | and installation of lawn sprinkler systems.
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23 | (b) A licensed plumber or licensed apprentice plumber may | ||||||
24 | install
a lawn sprinkler system connected to any water source
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25 | without
registration under this Section.
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26 | (c) A licensed plumber shall inspect every
sprinkler |
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1 | system installed by an irrigation contractor to ensure the | ||||||
2 | provisions
of this Section have been met and that the system | ||||||
3 | works mechanically. The inspecting A
licensed plumber shall | ||||||
4 | make the physical
connection between a lawn sprinkler system | ||||||
5 | and the backflow prevention device. The inspecting licensed | ||||||
6 | plumber shall inspect every aspect of the sprinkler system, | ||||||
7 | including all piping, fittings, and heads, to ensure the | ||||||
8 | provisions of this Section have been met.
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9 | Upon the installation of every lawn sprinkler system in | ||||||
10 | this State from the
effective date of this amendatory Act of | ||||||
11 | the 91st General Assembly forward, a
licensed
plumber shall | ||||||
12 | affix to the backflow prevention
device a tag certifying that | ||||||
13 | the installation of that system has been completed
in | ||||||
14 | compliance with the minimum code of plumbing standards | ||||||
15 | promulgated under
this Act. The
Department shall provide by | ||||||
16 | rule for the
registration of every lawn sprinkler
system | ||||||
17 | installed after the effective date of this amendatory Act of | ||||||
18 | the 91st
General Assembly, including the means by which the | ||||||
19 | Department shall be able to
identify by
registration number | ||||||
20 | the identity of the responsible irrigation
contractor and by | ||||||
21 | license number the identity of the responsible licensed
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22 | plumber. No lawn sprinkler system installed after the | ||||||
23 | effective date of this
amendatory Act of the 91st General | ||||||
24 | Assembly may be
operated without the certification tag | ||||||
25 | required under this Section.
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26 | The
registered irrigation contractor and the licensed |
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1 | plumber
whose identifying information is contained on the
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2 | certification tag shall both be subject to the penalty | ||||||
3 | provisions of this Act
for violations for improper | ||||||
4 | installation of a lawn sprinkler system installed
after the | ||||||
5 | effective date of this amendatory Act of the 91st General | ||||||
6 | Assembly.
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7 | (d) An irrigation contractor who has
registered with the | ||||||
8 | Department 7 or
fewer
persons who are authorized to install or | ||||||
9 | supervise the installation of lawn
sprinkler systems shall | ||||||
10 | either employ or contract with at least one licensed
plumber | ||||||
11 | who shall
install or be responsible for the installation of | ||||||
12 | every
lawn sprinkler system installed after the effective date | ||||||
13 | of this amendatory Act
of the 91st General Assembly. The | ||||||
14 | licensed plumber shall inspect the risers
and sprinkler heads | ||||||
15 | before backfilling.
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16 | An irrigation contractor who has
registered with the | ||||||
17 | Department 8 to 12
persons who are authorized to install or | ||||||
18 | supervise the installation of lawn
sprinkler systems shall | ||||||
19 | either employ or contract with at least 2 licensed
plumbers | ||||||
20 | who shall install or be responsible for the
installation of | ||||||
21 | every
lawn sprinkler system installed after the effective date | ||||||
22 | of this amendatory Act
of the 91st General Assembly.
A | ||||||
23 | licensed plumber shall inspect the risers and sprinkler heads | ||||||
24 | before
backfilling.
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25 | An irrigation contractor who has
registered with the | ||||||
26 | Department 13 to 20
persons who are authorized to install or |
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1 | supervise the installation of lawn
sprinkler systems shall | ||||||
2 | either employ or contract with at least 3 licensed
plumbers | ||||||
3 | who shall install or be responsible for the
installation of | ||||||
4 | every
lawn sprinkler system installed after the effective date | ||||||
5 | of this amendatory Act
of the 91st General Assembly.
A | ||||||
6 | licensed plumber shall inspect the risers and sprinkler heads | ||||||
7 | before
backfilling.
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8 | An irrigation contractor who has
registered with the | ||||||
9 | Department 21 to 28
persons who are authorized to install or | ||||||
10 | supervise the installation of lawn
sprinkler systems shall | ||||||
11 | either employ or contract with at least 4 licensed
plumbers | ||||||
12 | who shall install or be responsible for the
installation of | ||||||
13 | every
lawn sprinkler system installed after the effective date | ||||||
14 | of this amendatory Act
of the 91st General Assembly.
A | ||||||
15 | licensed plumber shall inspect the risers and sprinkler heads | ||||||
16 | before
backfilling.
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17 | An irrigation contractor who has
registered with the | ||||||
18 | Department 29 to 35
persons who are authorized to install or | ||||||
19 | supervise the installation of lawn
sprinkler systems shall | ||||||
20 | either employ or contract with at least 5 licensed
plumbers | ||||||
21 | who shall install or be responsible for the
installation of | ||||||
22 | every
lawn sprinkler system installed after the effective date | ||||||
23 | of this amendatory Act
of the 91st General Assembly.
A | ||||||
24 | licensed plumber shall inspect the risers and sprinkler heads | ||||||
25 | before
backfilling.
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26 | An irrigation contractor who has
registered with the |
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1 | Department 36 or more
persons who are authorized to install or | ||||||
2 | supervise the installation of lawn
sprinkler systems shall | ||||||
3 | either employ or contract with at least 6 licensed
plumbers | ||||||
4 | who shall install or be responsible for the
installation of | ||||||
5 | every
lawn sprinkler system installed after the effective date | ||||||
6 | of this amendatory Act
of the 91st General Assembly.
A | ||||||
7 | licensed plumber shall inspect the risers and sprinkler heads | ||||||
8 | before
backfilling.
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9 | The Department may provide by rule for the temporary | ||||||
10 | waiver process for
registered irrigation contractors who are | ||||||
11 | unable to comply with the
requirements of this subsection. | ||||||
12 | When a temporary waiver is granted, it shall
not be for a | ||||||
13 | duration of more than 3 consecutive months. Upon the | ||||||
14 | expiration
of a temporary waiver issued by the Department, the
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15 | registered irrigation
contractor shall demonstrate that | ||||||
16 | justifiable reasons exist why he or she is
still unable to | ||||||
17 | comply with the requirements of this subsection, despite good
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18 | faith efforts to comply with the requirements. In no case | ||||||
19 | shall a temporary
waiver be granted for an irrigation | ||||||
20 | contractor for more than a total of 6
months in a 2-year | ||||||
21 | two-year period. In no case shall an irrigation
contractor be | ||||||
22 | relieved of the requirement that a licensed plumber
shall | ||||||
23 | inspect every sprinkler system installed by an
irrigation | ||||||
24 | contractor to ensure the provisions of this Section have been | ||||||
25 | met
and that the system works mechanically and make the | ||||||
26 | physical connection
between a sprinkler system and the |
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1 | backflow prevention device.
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2 | (e) No person shall attach to a lawn sprinkler system any | ||||||
3 | fixture intended
to supply water for human consumption.
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4 | No person shall attach to a lawn sprinkler system any | ||||||
5 | fixture other
than the backflow prevention device, sprinkler | ||||||
6 | heads, valves, and other parts
integral to the operation of | ||||||
7 | the system, unless the fixture is clearly marked
as being for | ||||||
8 | non-potable uses only.
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9 | (f) A college, university, trade school, vocational | ||||||
10 | school, or association that has established a program | ||||||
11 | providing a course of instruction in lawn sprinkler design and | ||||||
12 | installation may submit a letter to the Department requesting | ||||||
13 | approval of its program or course of instruction.
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14 | The request for approval shall include information on the | ||||||
15 | curriculum offered by the program and the qualifications of | ||||||
16 | the organization. The course shall consist of a minimum of 2 | ||||||
17 | days of classroom education and an exam and shall include a | ||||||
18 | provision for continuing education. | ||||||
19 | The Department shall evaluate the curriculum and | ||||||
20 | organization before making a determination to approve or deny | ||||||
21 | a request for approval.
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22 | In addition to providing to the Department the names of | ||||||
23 | licensed plumbers who are employed by or contract with an | ||||||
24 | irrigation contractor, an irrigation contractor must also | ||||||
25 | provide to the Department the names of employees who have | ||||||
26 | successfully completed an approved course on the installation |
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1 | of lawn sprinkler systems and proof that the course was | ||||||
2 | successfully completed and that continuing education is also | ||||||
3 | being completed.
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4 | (g) All automatically operated lawn sprinkler systems | ||||||
5 | shall have furnished and installed technology that inhibits or | ||||||
6 | interrupts operation of the landscape irrigation system during | ||||||
7 | periods of sufficient moisture or rainfall. The technology | ||||||
8 | must be adjustable either by the end user or the irrigation | ||||||
9 | contractor. | ||||||
10 | This subsection (g) does not apply to systems operating on | ||||||
11 | golf courses or agricultural lands. | ||||||
12 | The requirements of this subsection (g) apply to all | ||||||
13 | landscape irrigation systems installed after January 1, 2009.
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14 | (Source: P.A. 94-101, eff. 1-1-08; 95-421, eff. 1-1-09 .)
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15 | (225 ILCS 320/29.5)
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16 | Sec. 29.5. Unlicensed and unregistered practice; | ||||||
17 | violation; civil
penalties. | ||||||
18 | (a) A person who practices, offers to practice, attempts | ||||||
19 | to practice, or
holds himself or herself out to practice as a | ||||||
20 | plumber or plumbing
contractor without being licensed
or | ||||||
21 | registered under this Act, shall, in addition to any other | ||||||
22 | penalty provided by law, pay a civil penalty to
the Department | ||||||
23 | in an amount not to exceed $5,000 for each offense as | ||||||
24 | determined
by the Department. The civil penalty shall be | ||||||
25 | assessed by the Department after
a hearing is held in |
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1 | accordance with the provisions set forth in this Act
regarding | ||||||
2 | the provision of a hearing for the discipline of a licensee or
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3 | registrant.
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4 | (b) The Department has the authority and power to | ||||||
5 | investigate any person who
practices, offers to practice, | ||||||
6 | attempts to practice, or holds himself or
herself
out to | ||||||
7 | practice as a plumber or plumbing contractor without being | ||||||
8 | licensed
or registered under this Act, or as an
irrigation | ||||||
9 | contractor without being
registered under this Act.
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10 | (c) The civil penalty shall be paid within 60 days after | ||||||
11 | the effective date
of the order imposing the civil penalty. | ||||||
12 | The order shall constitute a judgment
and may be filed and | ||||||
13 | execution had on the judgment in the same manner as a
judgment
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14 | from a court of record. All fines and penalties collected by | ||||||
15 | the Department
under this Section of the Act and accrued | ||||||
16 | interest shall be deposited
into the Plumbing Licensure and | ||||||
17 | Program Fund for use by the Department in
performing | ||||||
18 | activities relating to the administration and enforcement of | ||||||
19 | this
Act.
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20 | (d) A person who practices, offers to practice, or holds | ||||||
21 | himself or herself out to practice as an irrigation contractor | ||||||
22 | without being registered under this Act shall be subject to | ||||||
23 | the following: | ||||||
24 | (1) For a first offense:
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25 | (A) Where no violations of the Illinois Plumbing | ||||||
26 | Code are found, the person shall pay a civil penalty of |
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1 | $1,000 and may be referred to the State's Attorney or | ||||||
2 | the Attorney General for prosecution under Section 29 | ||||||
3 | of this Act. | ||||||
4 | (B) Where violations of the Illinois Plumbing Code | ||||||
5 | are found, the person shall pay a civil penalty of | ||||||
6 | $3,000 (the amount of $3,000 may be reduced to $1,000 | ||||||
7 | upon the condition that the unregistered person pays | ||||||
8 | for a licensed plumber who is acceptable to the other | ||||||
9 | party to the original contract or agreement to correct | ||||||
10 | the violations of the Illinois Plumbing Code) and may | ||||||
11 | be referred to the State's Attorney or the Attorney | ||||||
12 | General for prosecution under Section 29 of this Act.
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13 | (2) For a second offense: | ||||||
14 | (A) Where no violations of the Illinois Plumbing | ||||||
15 | Code are found, the person shall pay a civil penalty of | ||||||
16 | $3,000 and may be referred to the State's Attorney or | ||||||
17 | the Attorney General for prosecution under Section 29 | ||||||
18 | of this Act.
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19 | (B) Where violations of the Illinois Plumbing Code | ||||||
20 | are found, the person shall pay a civil penalty of | ||||||
21 | $5,000 (the amount of $5,000 may be reduced to $3,000 | ||||||
22 | upon the condition that the unregistered person pays | ||||||
23 | for a licensed plumber who is acceptable to the other | ||||||
24 | party to the original contract or agreement to correct | ||||||
25 | the violations of the Illinois Plumbing Code) and may | ||||||
26 | be referred to the State's Attorney or the Attorney |
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1 | General for prosecution under Section 29 of this Act. | ||||||
2 | (3) For a third or subsequent offense, the person | ||||||
3 | shall pay a civil penalty of $5,000 and be referred to the | ||||||
4 | State's Attorney or the Attorney General for prosecution | ||||||
5 | under Section 29 of this Act.
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6 | (e) A registered irrigation contractor, firm, corporation, | ||||||
7 | partnership, or association that directs, authorizes, or | ||||||
8 | allows a person to practice, offer to practice, attempt to | ||||||
9 | practice, or hold himself or herself out to practice as an | ||||||
10 | irrigation employee without being registered under the | ||||||
11 | provisions of this Act, shall be subject to the following: | ||||||
12 | (1) For a first offense, the registrant:
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13 | (A) shall pay a civil penalty of $10,000 $5,000 ;
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14 | (B) shall be required to pay for a licensed | ||||||
15 | plumber who is acceptable to the other party to the | ||||||
16 | original contract or agreement to correct any | ||||||
17 | violations of the Illinois Plumbing Code;
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18 | (C) shall have his, her, or its plumbing license | ||||||
19 | suspended; and | ||||||
20 | (D) may be referred to the State's Attorney or the | ||||||
21 | Attorney General for prosecution under Section 29 of | ||||||
22 | this Act. | ||||||
23 | (2) For a second offense, the registrant:
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24 | (A) shall pay a civil penalty of $10,000 $5,000 ; | ||||||
25 | (B) shall be required to pay for a licensed | ||||||
26 | plumber who is acceptable to the other party to the |
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1 | original contract or agreement to correct any | ||||||
2 | violations of the Illinois Plumbing Code; | ||||||
3 | (C) shall have his, her, or its registration | ||||||
4 | revoked; and | ||||||
5 | (D) shall be referred to the State's Attorney or | ||||||
6 | the Attorney General for prosecution under Section 29 | ||||||
7 | of this Act. | ||||||
8 | (f) If the inspecting licensed plumber does not inspect | ||||||
9 | every sprinkler system installed by an irrigation contractor | ||||||
10 | to ensure the provisions of this Act have been met and that the | ||||||
11 | system works mechanically or signs off on the installation | ||||||
12 | without making the physical connection between a lawn | ||||||
13 | sprinkler system and the backflow prevention device, the | ||||||
14 | licensed plumber: | ||||||
15 | (1) shall pay a civil penalty of $10,000; | ||||||
16 | (2) shall be required to pay for a licensed plumber | ||||||
17 | who is acceptable to the other party to the original | ||||||
18 | contract or agreement to correct any violations of the | ||||||
19 | Act; | ||||||
20 | (3) shall have his, her, or its plumbing license | ||||||
21 | suspended; and | ||||||
22 | (4) may be referred to the State's Attorney or the | ||||||
23 | Attorney General for prosecution under Section 29 of this | ||||||
24 | Act.
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25 | (Source: P.A. 94-101, eff. 1-1-08 .)
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