Bill Text: IL HB3714 | 2021-2022 | 102nd General Assembly | Chaptered


Bill Title: Amends the Fire Sprinkler Contractor Licensing Act. Provides for the licensure of fire sprinkler contractors and fire sprinkler inspectors. Provides that a copy of the inspection report for routine inspection or testing of a fire sprinkler system provided by a fire sprinkler inspector shall be forwarded by the entity performing the routine inspection or testing to the local fire jurisdiction in which the fire sprinkler system is located within 20 business days after the routine inspection or testing. Provides that the Act does not apply to facilities licensed by the Nuclear Regulatory Commission or their employees while engaged in the performance of their official duties. Provides that the Act does not apply to a professional engineer who is operating within the scope of the Professional Engineering Practice Act of 1989 or an architect who is operating within the scope of the Illinois Architecture Practice Act of 1989. Creates provisions concerning fire protection system layout documents; licenses and photo exemptions; and unlicensed practice, violations, and civil penalties. Makes changes in provisions concerning definitions; licenses, enforcement, and failure to pay tax; licensing requirements; designated certified person requirements and change of a designated certified person; requirements for the service of fire sprinkler systems; fees, renewals, continuing education, and required insurance; deposit of fines and fees and appropriations; powers and duties of the Office of the State Fire Marshal; rules and public hearings; grounds for disciplinary action; notice, administrative action, and suspension, revocation, or refusal to renew a license; injunctions; and the grandfather clause. Repeals a provision concerning changing a designated certified person. Makes other changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2021-08-27 - Public Act . . . . . . . . . 102-0612 [HB3714 Detail]

Download: Illinois-2021-HB3714-Chaptered.html



Public Act 102-0612
HB3714 EnrolledLRB102 03960 SPS 13976 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Fire Sprinkler Contractor Licensing Act is
amended by changing Sections 5, 10, 12, 15, 20, 30, 35, 40, 45,
50, 55, 60, 65, 70, 75, 80, 85, 90, 95, 100, 105, 110, and 120
and by adding Sections 14, 16, 17, 22, 31, 62, and 116 as
follows:
(225 ILCS 317/5)
Sec. 5. Legislative intent. It is declared that within the
State of Illinois there are, and may continue to be, locations
where the improper service installation or repair of fire
sprinkler systems and associated components creates conditions
that may adversely affect the public health and general
welfare. Therefore, the purpose of this Act is to protect,
promote, and preserve the public health and general welfare by
providing for the State administrative control, supervision,
licensure, and regulation of persons involved in the service
of fire sprinkler systems, ensuring that those who hold
themselves out as possessing professional qualifications to
engage in service of fire sprinkler systems are qualified to
render service, and providing for the high standards of
professional conduct by those licensed to service fire
sprinkler systems. This Act shall be liberally construed to
promote the public interest and to accomplish the purpose
stated in this Section. establishment of minimum standards for
licensure of fire sprinkler installation contractors.
(Source: P.A. 92-871, eff. 1-3-03.)
(225 ILCS 317/10)
Sec. 10. Definitions. As used in this Act, unless the
context otherwise requires:
"Designated certified person" means an individual who has
met the qualifications set forth under Section 20 of this Act.
"Fire protection system layout documents" means layout
drawings, catalog information on standard products, and other
construction data that provide detail on the location of
risers, cross mains, branch lines, sprinklers, piping per
applicable standard, and hanger locations. "Fire protection
system layout documents" serve as a guide for fabrication and
installation of a fire sprinkler system and shall be based
upon applicable standards pursuant to Section 30 of this Act.
"Fire sprinkler contractor" means a person who holds
himself or herself out to be in the business of providing
service for a fire sprinkler system or contracts with a person
to provide service for install or repair a fire sprinkler
system.
"Fire sprinkler contractor license" means a license issued
to a qualified fire sprinkler contractor.
"Fire sprinkler inspector" means an individual who is
qualified to perform routine inspection or testing of fire
sprinkler systems pursuant to Section 17 and who is employed
or contracted by a fire sprinkler contractor.
"Fire sprinkler inspector license" means a license issued
to a qualified fire sprinkler inspector.
"Fire sprinkler system" means any water-based automatic
fire extinguishing system employing fire sprinklers, including
accessory fire pumps and associated piping, fire standpipes,
or underground fire main systems starting at the connection to
the water service after the approved backflow device is
installed under the requirements of the Illinois Plumbing Code
and ending at the most remote fire sprinkler. "Fire sprinkler
system" includes but is not limited to a fire sprinkler system
in a residential, commercial, institutional, educational,
public, or private occupancy. "Fire sprinkler system" does not
include single sprinkler heads that are in a loop of the
potable water system, as referenced in 77 Ill. Adm. Code
890.1130 and 890.1200.
"Licensee" means a person or business organization
licensed in accordance with this Act.
"NICET" means the National Institute for Certification in
Engineering Technologies.
"Office" means the Office of the State Fire Marshal.
"Person" means an individual, group of individuals,
association, trust, partnership, corporation, limited
liability company, firm, business, person doing business under
an assumed name, the State of Illinois, or department thereof,
any other state-owned and operated institution, or any other
entity.
"Responsible managing employee" means the individual
designated by the fire sprinkler contractor that is not
required to have a designated certified person under Section
120.
"Routine inspection or testing" means inspection or
testing to verify the condition of an existing fire sprinkler
system at predetermined intervals in accordance with the
standards of the National Fire Protection Association.
"Rules" means the rules adopted pursuant to this Act.
"Service" means work on a fire sprinkler system,
including, but not limited to, installation, repair,
inspection, testing, and maintenance, within the scope of this
Act.
"Standards" means those standards or codes referenced in
this Act or its rules.
"Supervision" means the direction and management by a
designated certified person or responsible managing employee
of the activities of non-certified personnel in the service
installation or repair of fire sprinkler systems.
(Source: P.A. 94-367, eff. 1-1-06.)
(225 ILCS 317/12)
Sec. 12. Licenses License; enforcement; failure to pay
tax. No person shall act as a licensee fire sprinkler
contractor, or advertise or assume to act as such, or use any
title implying that such person is engaged in such practice or
occupation unless licensed by the Office State Fire Marshal.
No person firm, association, or corporation shall act as
an agency licensed under this Act, or advertise or assume to
act as such, or use any title implying that the person firm,
association, or corporation is engaged in such practice,
unless licensed by the Office State Fire Marshal.
The Office State Fire Marshal, in the name of the People
and through the Attorney General, the State's Attorney of any
county, any resident of the State, or any legal entity within
the State may apply for injunctive relief in any court to
enjoin any person who has not been issued a license or whose
license has been suspended, revoked, or not renewed from
practicing a licensed activity, and upon the filing of a
verified petition, the court, if satisfied by affidavit or
otherwise, that such person is or has been practicing in
violation of this Act may enter a temporary restraining order
or preliminary injunction, without bond, enjoining the
defendant from such further activity. A copy of the verified
complaint shall be served upon the defendant and the
proceedings shall thereafter be conducted as in other civil
cases. If it is established that the defendant has been or is
practicing in violation of this Act, the court may enter a
judgment perpetually enjoining the defendant from such further
activity. In case of violation of any injunctive order or
judgment entered under the provisions of this Section, the
court may summarily try and, if found in violation of the
injunctive order, punish the offender for contempt of court.
Such injunctive proceeding shall be in addition to all
penalties and other remedies in this Act.
The Office State Fire Marshal may refuse to issue a
license to, or may suspend the license of, any person who fails
to file a return, 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. 92-871, eff. 1-3-03.)
(225 ILCS 317/14 new)
Sec. 14. Fire protection system layout documents. All fire
protection system layout documents of fire sprinkler systems
shall be prepared by: (1) a professional engineer who is
licensed under the Professional Engineering Practice Act of
1989, (2) an architect who is licensed under the Illinois
Architecture Practice Act of 1989, or (3) a holder of a valid
NICET Level III or IV certification in water-based fire
protection systems layout who is either licensed under this
Act or employed by an organization licensed under this Act.
(225 ILCS 317/15)
Sec. 15. Licensing requirements.
(a) It shall be unlawful for any person or business to
engage in, advertise, or hold itself out to be in the business
of providing service for installing or repairing fire
sprinkler systems in this State after 6 months after the
effective date of this Act, unless such person or business is
licensed by the Office State Fire Marshal.
(b) Applications for initial licensure and renewal shall
be made to the Office on forms or electronically as prescribed
by the Office, and applicants shall pay the license fee. In
order to obtain a license, a person or business must submit an
application to the State Fire Marshal, on a form provided by
the State Fire Marshal containing the information prescribed,
along with the application fee.
(c) A business applying for a license must have a
designated certified person employed at the business location
and the designated certified person shall be identified on the
license application.
(d) A person or business applying for a license must show
proof of having liability and property damage insurance in
such amounts and under such circumstances as may be determined
by the State Fire Marshal. The amount of liability and
property damage insurance, however, shall not be less than the
amount specified in Section 35 of this Act.
(e) A person or business applying for a license must show
proof of having workers' compensation insurance covering its
employees or be approved as a self-insurer of workers'
compensation in accordance with the laws of this State.
(f) A person or business so licensed shall have a separate
license for each business location within the State or outside
the State when the business location is responsible for any
installation or repair of fire sprinkler systems performed
within the State.
(g) When an individual proposes to do business in her or
his own name, a license, when granted, shall be issued only to
that individual.
(h) If the applicant requesting licensure to engage in
contracting is a business organization, such as a partnership,
corporation, business trust, or other legal entity, the
application shall state the name of the partnership and its
partners, the name of the corporation and its officers and
directors, the name of the business trust and its trustees, or
the name of such other legal entity and its members and shall
furnish evidence of statutory compliance if a fictitious name
is used. Such application shall also show that the business
entity employs a designated certified person as required under
Section 20. The license, when issued upon application of a
business organization, shall be in the name of the business
organization and the name of the qualifying designated
certified person shall be noted thereon.
(c) (i) No license is required for a person or business
that is engaged in the installation of fire sprinkler systems
only in single-family single family or multiple-family
multiple family residential dwellings up to and including 8
family units that do not exceed 2 1/2 stories in height from
the lowest grade level.
(j) All fire protection system layout documents of fire
sprinkler systems, as defined in Section 10 of this Act, shall
be prepared by (i) a professional engineer who is licensed
under the Professional Engineering Practice Act of 1989, (ii)
an architect who is licensed under the Illinois Architecture
Practice Act of 1989, or (iii) a holder of a valid NICET level
3 or 4 certification in fire protection technology automatic
sprinkler system layout who is either licensed under this Act
or employed by an organization licensed under this Act.
(Source: P.A. 97-112, eff. 7-14-11.)
(225 ILCS 317/16 new)
Sec. 16. Fire sprinkler contractor license.
(a) A person applying for a fire sprinkler contractor
license shall have a designated certified person who meets the
requirements pursuant to Section 20 or a responsible managing
employee pursuant to Section 120 employed at the business
location. The designated certified person or responsible
managing employee shall be identified on the license
application.
(b) A person applying for a fire sprinkler contractor
license shall show proof of having liability and property
damage insurance in such amounts and under such circumstances
as may be determined by the Office. The amount of liability and
property damage insurance, however, shall not be less than the
amount specified in Section 35.
(c) A person applying for a fire sprinkler contractor
license shall show proof of having workers' compensation
insurance covering its employees or be approved as a
self-insurer of workers' compensation in accordance with the
laws of this State.
(d) A fire sprinkler contractor licensee shall have a
separate license for each business location within the State
or outside the State when the business location is responsible
for any installation, repair, inspection, testing,
maintenance, or service of fire sprinkler systems performed
within the State.
(e) When an individual proposes to do business in his or
her own name, a license, when granted, shall be issued only to
that individual.
(f) If the applicant requesting licensure to engage in
contracting is a business organization, such as a partnership,
corporation, business trust, or other legal entity, the
application shall state the name of the partnership and its
partners, the name of the corporation and its officers and
directors, the name of the business trust and its trustees, or
the name of the other legal entity and its members and shall
furnish evidence of statutory compliance if a fictitious name
is used. Application for a fire sprinkler contractor license
shall also show that the business entity employs a designated
certified person or responsible managing employee. The
license, when issued upon application of a business
organization, shall be in the name of the business
organization and the name of the qualifying designated
certified person or responsible managing employee shall be
noted on the license. Changes to the information required in
this Section shall be reported to the Office within 30 days
after the change.
(g) Each fire sprinkler contractor shall be subject to
requirements for license renewal and continuing education
under Section 35.
(225 ILCS 317/17 new)
Sec. 17. Fire sprinkler inspector license; application;
minimum qualifications for routine inspection or testing.
(a) Any individual who performs routine inspection or
testing of any fire sprinkler system under this Act shall: (i)
be employed by a licensed fire sprinkler contractor; and (ii)
meet the minimum qualifications of this Section except where
the individual is exempted by subsection (c).
Beginning January 1, 2024, any individual who performs
routine inspection or testing of any fire sprinkler system
under this Act shall be individually licensed and possess on
his or her person a fire sprinkler inspector license including
a photo identification issued by the Office.
A person applying for an initial fire sprinkler inspector
license or renewing a fire sprinkler inspector license shall
demonstrate to the Office proof of minimum qualifications as
required by subsection (b) of this Section, except where the
individual is exempted by subsection (c).
(b) Any individual who performs routine inspection or
testing of any fire sprinkler system under this Act shall
possess proof of:
(1) current certification by a nationally recognized
certification organization, such as NICET certification in
Inspection and Testing of Water Based Systems, at an
appropriate level, or the equivalent; on or after the
effective date of this amendatory Act of the 102nd General
assembly through December 31, 2022, an appropriate level
in NICET certification in Inspection and Testing of Water
Based Systems shall be level II; on and after January 1,
2023, an appropriate level in NICET certification in
Inspection and Testing of Water Based Systems shall be
level III;
(2) current ASSE 15010 certification in inspection,
testing, and maintenance for water-based fire protection
systems by the American Society of Sanitary Engineering;
or
(3) satisfactory completion of a certified sprinkler
fitter apprenticeship program approved by the U.S.
Department of Labor.
(c) The following are exemptions to the licensing
requirements of this Section:
(1) State employees who perform routine inspection or
testing on behalf of State institutions and who meet the
requirements of subsection (b) need not be licensed under
this Section or employed by a fire sprinkler contractor
under this Act in order to perform routine inspection or
testing duties while engaged in the performance of their
official duties.
(2) The requirements of this Section do not apply to
individuals performing inspection or testing of fire
sprinkler systems on behalf of a municipality, a county, a
fire department, a fire protection district, or the Office
while engaged in the performance of their official duties.
(3) The requirements of this Section do not apply to a
stationary engineer, operating engineer, or other
individual employed on a full-time basis by the facility
owner or owner's representative performing weekly and
monthly inspections and tests in accordance with
applicable standards adopted under the rules.
(d) Each fire sprinkler inspector shall be subject to the
requirements for license renewal and continuing education
under Section 35.
(225 ILCS 317/20)
Sec. 20. Designated certified person requirements; change
of a designated certified person.
(a) A designated certified person shall must either be a
current Illinois licensed professional engineer pursuant to
the Professional Engineering Practice Act of 1989 or hold a
valid NICET Level III level 3 or higher certification in
water-based fire protection systems layout "fire protection
technology, automatic sprinkler system layout".
(b) At least one member of every firm, association, or
partnership and at least one corporate officer of every
corporation engaged in the service installation and repair of
fire sprinkler systems shall must be a designated certified
person.
(c) A designated certified person shall must be employed
by the fire sprinkler contractor licensee at each a business
location with a valid license.
(d) A designated certified person shall must perform his
or her normal duties at a business location with a valid
license.
(e) A designated certified person may only be the
designated certified person for one business location and one
business entity.
(f) A designated certified person shall must be directly
involved in supervision. The designated certified person does
not, however, have to be at the site of the service
installation or repair of the fire sprinkler system at all
times.
(g) A designated certified person shall provide an
affirmative statement acknowledging his or her role as the
designated certified person for the fire sprinkler contractor.
(h) When a fire sprinkler contractor is without a
designated certified person, the fire sprinkler contractor
shall notify the Office in writing within 30 days and shall
employ a designated certified person no later than 180 days
from the time the position of designated certified person
becomes vacant. Failing to fill the vacant position shall
cause the fire sprinkler contractor license to expire without
further operation of law.
(Source: P.A. 92-871, eff. 1-3-03.)
(225 ILCS 317/22 new)
Sec. 22. Licenses; photo exemption. An applicant who is 21
years of age or older seeking a religious exemption to the
requirement under this Act that all licenses contain the
licensees' photo shall furnish with his or her application an
approved copy of United States Department of the Treasury
Internal Revenue Service Form 4029. Regardless of age, an
applicant seeking a religious exemption to this photo
requirement shall submit fingerprints in a form and manner
prescribed by the Office with his or her application in lieu of
a photo.
(225 ILCS 317/30)
Sec. 30. Requirements for the service installation,
repair, inspection, and testing of fire sprinkler protection
systems.
(a) Equipment shall be listed by a nationally recognized
testing laboratory, such as Underwriters Laboratories, Inc. or
Factory Mutual Laboratories, Inc., or shall comply with
nationally accepted standards. The Office State Fire Marshal
shall adopt by rule procedures for determining whether a
laboratory is nationally recognized, taking into account the
laboratory's facilities, procedures, use of nationally
recognized standards, and any other criteria reasonably
calculated to reach an informed determination.
(b) Service for equipment Equipment shall be provided
installed in accordance with the applicable standards as
adopted in the rules of the National Fire Protection
Association and the manufacturer's specifications.
(c) The contractor shall furnish the user with operating
instructions for all equipment installed, together with
as-built plans a diagram of the final installation.
(d) All fire sprinkler systems shall have a backflow
prevention device or, in a municipality with a population over
500,000, a double detector check assembly installed by a
licensed plumber before the fire sprinkler system connection
to the water service. Connection to the backflow prevention
device or, in a municipality with a population over 500,000, a
double detector assembly shall be done in a manner consistent
with the Department of Public Health's Plumbing Code.
(e) (Blank). This licensing Act is not intended to require
any additional fire inspections at State level.
(f) Routine inspection or Before January 1, 2022,
inspection and testing of existing fire sprinkler systems and
control equipment shall must be performed by an individual
qualified under Section 17 a licensee or an individual
employed or contracted by a licensee. A copy of the inspection
report for routine inspection or testing of a fire sprinkler
system shall be sent to the local fire jurisdiction as
provided by Section 31. Any individual who performs inspection
and testing duties under this subsection (f) must possess
proof of (i) certification by a nationally recognized
certification organization at an appropriate level, such as
NICET Level II in Inspection and Testing of Water Based
Systems or the equivalent, (ii) a valid ASSE 15010
certification in "inspection, testing and maintenance for
water-based fire protection systems", or (iii) satisfactory
completion of a certified sprinkler fitter apprenticeship
program approved by the U.S. Department of Labor. State
employees who perform inspections and testing on behalf of
State institutions and who meet all other requirements of this
subsection (f) need not be licensed under this Act or employed
by a licensee under this Act in order to perform inspection and
testing duties under this subsection (f). The requirements of
this subsection (f) do not apply to individuals performing
inspections or testing of fire sprinkler systems on behalf of
a municipality, a county, a fire protection district, or the
Office of the State Fire Marshal. This subsection (f) does not
apply to a stationary engineer, operating engineer, or other
individual employed on a full-time basis by the facility owner
or owner's representative performing weekly and monthly
inspections and tests in accordance with applicable National
Fire Protection Association standards.
Before January 1, 2022, a copy of the inspection report
for an inspection performed pursuant to this subsection (f)
must be forwarded by the entity performing the inspection to
the local fire department or fire protection district in which
the sprinkler system is located. The inspection report must
include the NICET Level II Inspection and Testing of Water
Based Systems certification number, ASSE 15010 certification
number for "inspection, testing and maintenance for
water-based fire protection systems", or journeymen number of
the person performing the inspection.
After December 31, 2021, inspection and testing of
existing fire sprinkler systems and control equipment must be
performed by a licensee or an individual employed or
contracted by a licensee. Any individual who performs
inspection and testing duties under this subsection (f) must
possess proof of (i) certification by a nationally recognized
certification organization at an appropriate level, such as
NICET Level III in Inspection and Testing of Water Based
Systems or the equivalent, (ii) a valid ASSE 15010
certification in "inspection, testing and maintenance for
water-based fire protection systems", or (iii) satisfactory
completion of a certified sprinkler fitter apprenticeship
program approved by the United States Department of Labor.
State employees who perform inspections and testing on behalf
of State institutions and who meet all other requirements of
this subsection (f) need not be licensed under this Act or
employed by a licensee under this Act in order to perform
inspection and testing duties under this subsection (f). The
requirements of this subsection (f) do not apply to
individuals performing inspections or testing of fire
sprinkler systems on behalf of a municipality, a county, a
fire protection district, or the Office of the State Fire
Marshal. This subsection (f) does not apply to a stationary
engineer, operating engineer, or other individual employed on
a full-time basis by the facility owner or owner's
representative performing weekly and monthly inspections and
tests in accordance with applicable National Fire Protection
Association standards.
After December 31, 2021, a copy of the inspection report
for an inspection performed pursuant to this subsection (f)
must be forwarded by the entity performing the inspection to
the local fire department or fire protection district in which
the sprinkler system is located. The inspection report must
include the NICET Level III Inspection and Testing of Water
Based Systems certification number, ASSE 15010 certification
number for "inspection, testing and maintenance for
water-based fire protection systems", or journeymen number of
the person performing the inspection.
(Source: P.A. 101-626, eff. 6-1-20.)
(225 ILCS 317/31 new)
Sec. 31. Reporting of routine inspection or testing
activity. A copy of the inspection report for routine
inspection or testing of a fire sprinkler system provided by a
fire sprinkler inspector shall be forwarded by the entity
performing the routine inspection or testing to the local fire
jurisdiction in which the fire sprinkler system is located
within 20 business days after the routine inspection or
testing or within the time frame required by the local fire
jurisdiction, whichever is less.
The report for routine inspection or testing shall
include: (1) the name and license number of the individual or
individuals who performed the routine inspection or testing;
and (2) the name and license number of the fire sprinkler
contractor by whom the individual or individuals are employed.
(225 ILCS 317/35)
Sec. 35. Fees, renewals, continuing education, and
required insurance.
(a) The fees for an initial original license and each
renewal and for duplicate copies of licenses shall be
determined by the Office State Fire Marshal by rule.
(b) Each license shall must be renewed every 2 years. Each
licensee shall must complete at least 16 hours of continuing
education in the 2-year period following the licensee's his or
her renewal or initial licensure, with at least 8 hours of
continuing education completed during each year of the current
license after the effective date of this amendatory Act of the
97th General Assembly.
To satisfy the continuing education requirement for fire
sprinkler contractors, continuing education shall be completed
by the designated certified person or responsible managing
employee on behalf of the fire sprinkler contractor licensee.
Current licensure as a professional engineer or proof of
current NICET certification in Level III or IV certification
in water-based fire protection systems layout shall satisfy
the continuing education this requirement for designated
certified persons.
Continuing education offered through nationally recognized
building and fire code organizations and their affiliates;
nationally recognized fire sprinkler organizations and their
affiliates; institutions of higher education; educational
bodies specializing in automatic fire suppression system
technology; as well as other entities approved by the Office
State Fire Marshal shall be also acceptable. All continuing
education entities seeking to be approved providers of
continuing education shall make application to the Office
State Fire Marshal and offer programs that:
(1) contribute to the advancement, extension, or
enhancement of the professional skills or technical
knowledge of the licensee in the practice of fire
sprinkler contracting; and
(2) are developed and presented by persons with
education or experience in the subject manner of the
program.
(c) Any person who fails to file a renewal application by
the date of expiration of a license shall be assessed a late
filing fee charge, which shall be determined by the Office
State Fire Marshal by rule.
(d) All fees shall be paid by check or money order. Any fee
required by this Act is not refundable in the event that the
initial original application or application for renewal is
denied.
(e) Every application for an initial original license or
renewal of a fire sprinkler contractor license shall be
accompanied by a certificate of insurance issued by an
insurance company authorized to do business in the State of
Illinois or by a risk retention or purchasing group formed
pursuant to the federal Liability Risk Retention Act of 1986,
which provides primary, first dollar public liability coverage
of the applicant or licensee for personal injuries for not
less than $500,000 per person or $1,000,000 per occurrence,
and, in addition, for not less than $1,000,000 per occurrence
for property damage. The insurance policy shall be in effect
at all times during the license year and a new certificate of
insurance shall be filed with the Office State Fire Marshal
within 30 days after the renewal of the insurance policy.
(Source: P.A. 97-112, eff. 7-14-11.)
(225 ILCS 317/40)
Sec. 40. Deposit of fines and fees; appropriation. All
administrative civil fines and fees collected pursuant to the
Act shall be deposited into the Fire Prevention Fund, a
special fund in the State treasury. The General Assembly shall
appropriate the amount annually collected as administrative
civil fines and fees to the State Fire Marshal for the purposes
of administering this Act.
(Source: P.A. 92-871, eff. 1-3-03.)
(225 ILCS 317/45)
Sec. 45. Home rule. A home rule unit may not regulate the
service installation and repair of fire sprinkler systems in a
manner less restrictive than the regulation by the State on
the service installation and repair of fire sprinkler systems
under this Act. This Section is a limitation under subsection
(i) of Section 6 of Article VII of the Illinois Constitution on
the concurrent exercise by home rule units of powers and
functions exercised by the State.
The changes made to this Section by this amendatory Act of
the 102nd General Assembly are intended to be a restatement
and clarification of existing law.
(Source: P.A. 92-871, eff. 1-3-03.)
(225 ILCS 317/50)
Sec. 50. Powers and duties of the Office State Fire
Marshal. The Office State Fire Marshal has all of the
following powers and duties:
(a) To prescribe and furnish application forms, licenses,
and any other forms necessary under this Act.
(b) To suspend, revoke, or refuse to issue or renew
licenses for cause.
(c) To conduct hearings concerning the suspension,
revocation, or refusal to issue or renew licenses.
(d) To levy and collect fines pursuant to this Act.
(e) To adopt promulgate rules and regulations and
incorporate standards necessary for the administration of this
Act and to enforce the rules and standards adopted under the
Act or its rules.
(f) To investigate applications, complaints, and
allegations of violations associated with this Act.
(g) To establish fee schedules for licenses.
(h) To establish a database of licensed fire sprinkler
contractors and licensed fire sprinkler inspectors.
(Source: P.A. 92-871, eff. 1-3-03.)
(225 ILCS 317/55)
Sec. 55. Rules; public hearing. Subject to the requirement
for public hearings as provided in this Section, the Office
State Fire Marshal shall promulgate, publish, and adopt, and
may, from time to time, amend such rules as may be necessary
for the proper enforcement of this Act, to protect the health
and safety of the public. The Office State Fire Marshal shall
hold a public hearing prior to the adoption or amendment of
rules required under this Act. The Office State Fire Marshal
may, when necessary, utilize the services of any other State
agency to assist in carrying out the purposes of this Act.
(Source: P.A. 92-871, eff. 1-3-03.)
(225 ILCS 317/60)
Sec. 60. Grounds for disciplinary action. The following
constitute grounds for disciplinary action by the Office State
Fire Marshal:
(1) Violation of any provision of this Act or rules or
standards adopted under this Act or its rules or of any rule
adopted pursuant thereto.
(2) Violation of the applicable building, fire, or life
safety codes or laws of this State or any municipality or
county thereof.
(3) Diversion of funds or property received for
prosecution or completion of a specified construction project
or operation when, as a result of the diversion, the
contractor is, or will be, unable to fulfill the terms of his
or her her or his obligation or contract.
(4) Any final disciplinary Disciplinary action by any
municipality or county of this State, which action shall be
reviewed by the Office State Fire Marshal before the Office
takes taking any disciplinary action.
(5) Failure to supervise the service installation of the
fire sprinkler protection system performed covered by the
installation permit signed by the contractor.
(6) Rendering a fire sprinkler protection system,
standpipe system, or underground water supply main connecting
to the system inoperative except when the fire sprinkler
protection system, standpipe system, or underground water
supply main is being serviced inspected, serviced, tested, or
repaired or pursuant to court order.
(7) Improperly servicing, repairing, testing, or
inspecting a fire sprinkler protection system, standpipe
system, or underground water supply main connecting to the
system based upon applicable standards of this Act or as
adopted by rule.
(8) Failing to provide proof of insurance to the Office
State Fire Marshal or failing to maintain in force the
insurance coverage required by this Act.
(9) Failing to obtain, retain, or maintain one or more of
the qualifications for a designated certified person or
responsible managing employee as specified in this Act.
(10) Making a material misstatement or misrepresentation
or committing a fraud in obtaining or attempting to obtain a
license.
(11) Failing to notify the Office State Fire Marshal, in
writing, within 30 days after a change of residence address,
principal business address, or name, or designated certified
person or responsible managing employee.
(12) Failure to supply within a reasonable time, upon
request from the Office State Fire Marshal or its authorized
representative, true information regarding material used, work
performed, or other information essential to the
administration of this Act.
(13) Aiding or assisting abetting a person to violate any
a provision of this Act or its rules, or conspiring with any
person to violate any a provision of this Act or its rules , or
allowing a license to be used by another person.
(14) Discipline by another U.S. jurisdiction if at least
one of the grounds for the discipline is the same or
substantially equivalent to those set forth in this Section.
(15) Improperly advertising services for installing,
maintaining, servicing, repairing, testing, or inspecting a
fire sprinkler system.
(16) Making a material misstatement or misrepresentation
or committing fraud in the installation, repair, inspection,
testing, maintenance, or service of a fire sprinkler system,
standpipe system, or underground water supply main connecting
to the system.
(17) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or by
sentencing of any crime, including, but not limited to,
convictions, preceding sentences of supervision, conditional
discharge, or first offender probation, under the laws of any
jurisdiction of the United States that is a felony or
misdemeanor, an essential element of which is dishonesty, or
that is directly related to the business practices or the
installation, repair, inspection, testing, maintenance, or
service of a fire sprinkler system, standpipe system, or
underground water supply main connecting to the system.
(18) Directly or indirectly willfully receiving
compensation for any professional service related to the
license, not properly or actually rendered, including
inspections.
(19) Permitting the use of a license issued under this Act
to enable an unlicensed person or agency to operate as a
licensee.
(20) Use of a license or license number issued under this
Act by an unlicensed person to operate as a licensee.
(Source: P.A. 92-871, eff. 1-3-03.)
(225 ILCS 317/62 new)
Sec. 62. Unlicensed practice; violation; civil penalty.
(a) Any person, entity, or business that offers fire
sprinkler contractor services under this Act without being
licensed or exempt under this Act shall, in addition to any
other penalty provided by law, pay a civil penalty, which
shall be deposited into the Fire Prevention Fund, in an amount
not to exceed $10,000 for each offense, as determined by the
Office. The civil penalty shall be assessed by the Office
after a hearing is held in accordance with the provisions of
this Act regarding the provision of a hearing for the
discipline of a licensee.
(b) Use of the title "fire sprinkler inspector" is limited
to those individuals licensed under this Act. Any person who
practices, offers to practice, attempts to practice, or holds
himself or herself out to practice as a fire sprinkler
inspector without being licensed or exempt under this Act
shall, in addition to any other penalty provided by law, pay a
civil penalty, which shall be deposited into the Fire
Prevention Fund, in an amount not to exceed $10,000 for each
offense, as determined by the Office. The civil penalty shall
be assessed by the Office after a hearing is held in accordance
with the provisions of this Act regarding the provision of a
hearing for the discipline of a licensee.
(c) The Office may investigate any actual, alleged, or
suspected unlicensed activity.
(d) 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 final judgment and may be filed
and execution had thereon in the same manner as any judgment
from any court of record.
(225 ILCS 317/65)
Sec. 65. Notice; administrative action; suspension,
revocation, or refusal to renew a license.
(a) Whenever the Office State Fire Marshal determines that
there are reasonable grounds to believe that a licensee has
violated a provision of this Act or the rules or standards
adopted under this Act or its rules, the Office State Fire
Marshal shall give notice of the alleged violation to the
person whom the license was issued. The notice shall (i) be
in writing and ; (ii) include a statement of the alleged
violation which necessitates issuance of the notice; (iii)
contain an outline of remedial action that, if taken, will
effect compliance with the provisions of this Act and the
rules adopted under this Act; (iv) prescribe a reasonable
time, as determined by the State Fire Marshal, for the
performance of any action required by the notice; and (v) be
served upon the licensee. The notice shall be deemed to have
been properly served upon the person when a copy of the notice
has been sent by registered or certified mail to the person's
his or her last known address as furnished to the Office State
Fire Marshal or when the person he or she has been served the
notice by any other method authorized by law.
(b) If the person to whom the notice is served does not
abate the violation comply with the terms of the notice within
the time limitations specified in the notice, the Office State
Fire Marshal may proceed with action, including civil and
administrative fines, penalties, suspension, revocation, and
refusal to suspend, revoke, or refuse to issue or renew a
license as provided in this Act Section.
(c) (Blank). Other requirements of this Act
notwithstanding, when the State Fire Marshal determines that
reasonable grounds exist to indicate that a violation of this
Act has been committed and the violation is the third separate
violation by that person in an 18-month period, the notice
requirement of subsection (a) of this Section is waived and
the State Fire Marshal may proceed immediately with action to
suspend, revoke, or refuse to issue a license.
(d) In any proceeding to administratively fine, penalize,
suspend, revoke, or refuse to issue or renew a license, the
Office State Fire Marshal shall first serve or cause to be
served upon the person licensee a written notice of the
Office's State Fire Marshal's intent to take action. The
notice shall specify the way in which the person has failed to
comply with this Act or any other rules or standards of the
Office State Fire Marshal. The notice shall be deemed to have
been properly served upon the person when a copy of the notice
has been sent by registered or certified mail to the person's
last known address as furnished to the Office or when the
person has been served the notice by any other method
authorized by law.
(e) In the case of revocation or suspension, the notice
shall require the person to remove or abate the violation or
objectionable condition specified in the notice within 10 5
days. The Office State Fire Marshal may specify a longer
period of time as it deems necessary. If the person fails to
comply with the terms and conditions of the revocation or
suspension notice within the time specified by the Office
State Fire Marshal, the Office State Fire Marshal may
summarily revoke or suspend the license.
(f) If In the case of refusal to issue a license, if the
person has violated or fails to comply with the Act or rules or
standards adopted promulgated under this the Act or its rules,
the Office State Fire Marshal may refuse to issue or renew a
license.
(Source: P.A. 92-871, eff. 1-3-03.)
(225 ILCS 317/70)
Sec. 70. Administrative hearing. The Office State Fire
Marshal shall give written notice by certified or registered
mail to an applicant, or licensee, or person of the Office's
State Fire Marshal's intent to suspend, revoke, or refuse to
issue or renew a license or to assess a fine. Such person has a
right to a hearing before the Office State Fire Marshal. A
written notice of a request for a hearing shall be served on
the Office State Fire Marshal within 10 days of notice of the
refusal, suspension, or revocation of a license or imposition
of a fine. The hearing shall be conducted by the Office State
Fire Marshal or a hearing officer designated in writing by the
Office State Fire Marshal. A stenographic record shall be made
of the hearing and the cost of the hearing shall be borne by
the Office State Fire Marshal. A transcript of the hearing
shall be made only upon request of the applicant, or licensee,
or person and shall be transcribed at the cost of that person.
(Source: P.A. 92-871, eff. 1-3-03.)
(225 ILCS 317/75)
Sec. 75. Subpoena powers; administration of oath. The
Office State Fire Marshal or hearing officer may compel by
subpoena or subpoena duces tecum the attendance and testimony
of witnesses and the production of books and papers. All
subpoenas issued by the Office State Fire Marshal or hearing
officer may be served as provided for in a civil action. The
fees of witnesses for attendance and travel shall be the same
as the fees for witnesses before the circuit court and shall be
paid by the party at whose request the subpoena is issued. If
such subpoena is issued at the request of the Office State Fire
Marshal, the witness fee shall be paid as an administrative
expense.
In the case of refusal of a witness to attend or testify or
to produce books or papers concerning any matter upon which he
or she might be lawfully examined, the circuit court of the
county where the hearing is held, upon application of any
party to the proceeding, may compel obedience by a proceeding
for contempt.
The Office State Fire Marshal or hearing officer has the
authority to administer oaths to witnesses.
(Source: P.A. 92-871, eff. 1-3-03.)
(225 ILCS 317/80)
Sec. 80. Deposition of witnesses; testimony at hearing
recorded. In the event of the inability of any party or the
Office State Fire Marshal to procure the attendance of
witnesses to give testimony or produce books and papers, the
party or the Office State Fire Marshal may take the deposition
of witnesses in accordance with the laws of this State. All
testimony taken at a hearing shall be reduced to writing and
all such testimony and other evidence introduced at the
hearing shall be a part of the record of the hearing.
(Source: P.A. 92-871, eff. 1-3-03.)
(225 ILCS 317/85)
Sec. 85. Certification of record. The Office State Fire
Marshal is not required to certify any record or file any
answer or otherwise appear in any proceeding for judicial
review unless the party filing the complaint deposits with the
clerk of the court the sum of one dollar per page representing
the costs of the certification. Failure on the part of the
plaintiff to make the deposit shall be grounds for dismissal
of the action.
(Source: P.A. 92-871, eff. 1-3-03.)
(225 ILCS 317/90)
Sec. 90. Injunction. Unlicensed, faulty, or noncompliant
Faulty fire sprinkler installation, and repair, inspection,
testing, maintenance, and service is declared a violation of
this Act and inimical to the public health, welfare, and
safety and a deceptive business practice. If any person
violates the provisions of this Act, the Office may, in the
name of the People of the State of Illinois, through the
Attorney General, petition, in a circuit court of competent
jurisdiction, for an order enjoining such violation or for an
order enforcing compliance with this Act. Upon the filing of a
verified petition in such court, the court may issue a
temporary restraining order, without notice or bond, and may
preliminarily and permanently enjoin such violation, and if it
is established that such person has violated or is violating
the injunction the court may punish the offender for contempt
of court. Proceedings under this Section shall be in addition
to, and not in lieu of, all other remedies and penalties
provided by this Act The State Fire Marshal, in the name of the
People of the State, through the Attorney General or the
State's Attorney of the county in which the violation occurs
may, in addition to other remedies herein provided, bring an
action for an injunction to restrain such violation or enjoin
the future performance of the person who committed the
violation until compliance with the provisions of this Act has
been obtained.
(Source: P.A. 92-871, eff. 1-3-03.)
(225 ILCS 317/95)
Sec. 95. Penalty. Any person who violates this Act or any
rule adopted by the Office State Fire Marshal, or who violates
any determination or order of the Office State Fire Marshal
under this Act shall be guilty of a Class A misdemeanor and
shall be fined a sum not less than $100.
Each day's violation constitutes a separate offense. The
State's Attorney of the county in which the violation occurred
or the Attorney General shall bring such actions in the name of
the people of the State of Illinois.
(Source: P.A. 92-871, eff. 1-3-03.)
(225 ILCS 317/100)
Sec. 100. Administrative civil fines. The Office State
Fire Marshal is empowered to assess administrative civil fines
against a licensee for violations of this Act or its rules.
These fines shall not be greater than $1,000 for each offense.
These fines shall be in addition to, or in lieu of, license
suspensions and revocations. Rules to implement this Section
shall be adopted by the Office State Fire Marshal within 6
months after the effective date of this Act.
The hearing officer shall, upon determination that a
violation of the Act or rules has occurred, determine the
amount of these fines. Any fine assessed and not paid within 60
days after receiving notice of the fine from the Office State
Fire Marshal may be submitted to the Attorney General's office
for collection. Failure to pay a fine shall also be grounds for
immediate suspension or revocation of a license issued under
this Act.
(Source: P.A. 92-871, eff. 1-3-03.)
(225 ILCS 317/105)
Sec. 105. Judicial review of final administrative
decision. The Administrative Review Law and the rules adopted
under the Administrative Review Law apply to and govern all
proceedings for judicial review of final administrative
decisions of the Office State Fire Marshal under this Act.
Such judicial review shall be had in the circuit court of the
county in which the cause of the action arose. The term
"administrative decision" is defined in Section 3-101 of the
Code of Civil Procedure.
(Source: P.A. 92-871, eff. 1-3-03.)
(225 ILCS 317/110)
Sec. 110. Illinois Administrative Procedure Act. The
provisions of the Illinois Administrative Procedure Act are
hereby expressly adopted and shall apply to all administrative
rules and procedures of the Office State Fire Marshal under
this Act, except that, in the case of conflict between the
Illinois Administrative Procedure Act and this Act, the
provisions of this Act shall control, and except that Section
5-35 of the Illinois Administrative Procedure Act relating to
procedures for rule-making does not apply to the adoption of
any rule required by federal law in connection with which the
Office State Fire Marshal is precluded by law from exercising
any discretion.
(Source: P.A. 92-871, eff. 1-3-03.)
(225 ILCS 317/116 new)
Sec. 116. Exceptions.
(a) The provisions of this Act do not apply to facilities
licensed by the Nuclear Regulatory Commission under the
provisions of 10 CFR 50 or 10 CFR 52 or their employees while
engaged in the performance of their official duties.
(b) The provisions of this Act do not apply to a
professional engineer who is operating within the scope of the
Professional Engineering Practice Act of 1989 or an architect
who is operating within the scope of the Illinois Architecture
Practice Act of 1989.
(225 ILCS 317/120)
Sec. 120. Grandfather clause. Any person or business that,
as of January 3, 2003 was the effective date of this Act, is
installing or repairing fire sprinkler systems in the State of
Illinois and had has a minimum of 3 years of experience in
installing or repairing fire sprinkler systems before January
3, 2003 is exempt from having a designated certified person as
required in Section 20. A fire sprinkler contractor that is
exempt from having a designated certified person shall have a
responsible managing employee.
Beginning July 1, 2021, no person or business organization
shall be issued an initial fire sprinkler contractor license
using such exemption.
(Source: P.A. 92-871, eff. 1-3-03.)
(225 ILCS 317/25 rep.)
Section 10. The Fire Sprinkler Contractor Licensing Act is
amended by repealing Section 25.
Section 99. Effective date. This Act takes effect upon
becoming law.
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