Irrigation Notebook: Oct. 1999, Illinois Battle Continues

Abput 300 Illinois companies may have to quit doing irrigation work, find a licensed plumber or subcontract to a plumber because of irrigation regulations.

CHICAGO, ILL. – The debate over who should be allowed to install irrigation systems in the state of Illinois reached the floor of the state House of Representatives on Sept. 1 when irrigation contractors and plumbers testified before the House of Representatives rules and regulations committee.

Rick Doering, president, Doering Landscape Co., Barrington, Ill., operated Sunrise Sprinkler Co. for 12 years in suburban Chicago. He “pulled the plug” on the irrigation installation and maintenance company this year, however, as a result of its uncertain future due to the hotly contested legislation. Although he didn’t want to continue the business, he quickly disagrees with the law in question.

At the core of the debate is a 1983 state law that defines lawn sprinkler systems as plumbing systems and mandates that all non-agricultural plumbing systems be installed by licensed plumbers and their apprentice plumbers.

Currently, this law is believed to be the only one of its kind in the country, and the law was widely ignored until a 1994 amendment specified that only licensed plumbers could install backflow prevention devices when the irrigation system is connected.

Dan Cassidy, owner of Sundance Irrigation, Naperville, Ill., was cited for overseeing the installation of the sprinkler heads on a system installed in 1994. He fought the citation he received for this installation and won victories in the local court and the circuit court. The state continues to support its claim, however, and the plumbers’ union has joined its side.

“There are good irrigation contractors within the plumbing ranks, and they want to make sure the door isn’t opened to lesser contractors,” noted Mike Clark, construction manager, The Brickman Group, Long Grove, Ill.

Doering offers a more direct take on the plumbers’ motivation. “The plumbers want to keep the law the way it is because that eliminates competition for them,” he asserted. “They say they’re the ones who are responsible for a clean water supply and they’re concerned that if non-plumbers install irrigation systems there will be contamination within the water system and people could get sick or die.”

Clark, who noted that The Brickman Group now routes all irrigation installations through subcontractors, described the groups as “very adversarial thus far,” but he’s optimistic that a compromise can be worked out if the right people from each group get involved in their meetings.

“I think the irrigation trade should be treated accordingly, and people who are going to be involved in this work should be licensed accordingly,” Clark pointed out.

But Clark observed that requiring plumbers’ licenses for irrigation installation prohibits contractors from doing this work for three to five years while they pursue licenses.

Clark estimated that of the 400 contractors performing irrigation work in Illinois, only 100 of them are licensed plumbing companies.

“That means about 300 companies either have to quit doing this work, find a licensed plumber to put on the payroll or subcontract to a plumber,” he noted, adding that plumbers charge two to three times the hourly rate irrigation contractors charge.

“Personally, I would like to see the plumbers’ union amend their rules and add a section for irrigation services that spells out the necessary and appropriate licensing and products to use,” Clark added.

Irrigation contractors may have a friend in the Illinois House of Representatives, as Representative Brent Hassert (R-Romeoville), a former landscape contractor, sponsored a bill that would amend the law in question to let irrigation contractors install systems.

Contractors received a season-long reprieve this summer when the governor suspended the law until Dec. 2 in hopes that a compromise could be worked out. After Dec. 2, the law goes back into effect, along with its potential $5,000 fines.

Meanwhile, Doering sees his 300 irrigation customers look elsewhere for service.

“And some of the employees I trained now work for these plumbing companies,” Doering related. “There are a lot of contractors who have been installing irrigation systems for 20 years, and they’ve proven they can do this work properly. But now there’s a chance they will all end up out of business.”

EDITOR’S NOTE: Individuals or groups interested in supporting the irrigation contractors’ lobbying efforts financially should contact the Illinois Landscape Contractors Association at 630/472-2851.

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