Bill Text: IL HB3714 | 2021-2022 | 102nd General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Enrolled.html
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-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 Fire Sprinkler Contractor Licensing Act is | ||||||
5 | amended by changing Sections 5, 10, 12, 15, 20, 30, 35, 40, 45, | ||||||
6 | 50, 55, 60, 65, 70, 75, 80, 85, 90, 95, 100, 105, 110, and 120 | ||||||
7 | and by adding Sections 14, 16, 17, 22, 31, 62, and 116 as | ||||||
8 | follows:
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9 | (225 ILCS 317/5)
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10 | Sec. 5. Legislative intent. It is declared that within the | ||||||
11 | State of
Illinois there are, and
may continue to be, locations | ||||||
12 | where the improper service installation or repair of fire
| ||||||
13 | sprinkler systems and associated components
creates conditions | ||||||
14 | that may adversely affect the public health and general
| ||||||
15 | welfare. Therefore, the
purpose of this Act is to protect, | ||||||
16 | promote, and preserve the public health and
general welfare by
| ||||||
17 | providing for the State administrative control, supervision, | ||||||
18 | licensure, and regulation of persons involved in the service | ||||||
19 | of fire sprinkler systems, ensuring that those who hold | ||||||
20 | themselves out as possessing professional qualifications to | ||||||
21 | engage in service of fire sprinkler systems are qualified to | ||||||
22 | render service, and providing for the high standards of | ||||||
23 | professional conduct by those licensed to service fire |
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1 | sprinkler systems. This Act shall be liberally construed to | ||||||
2 | promote the public interest and to accomplish the purpose | ||||||
3 | stated in this Section. establishment of minimum standards for | ||||||
4 | licensure of fire
sprinkler installation
contractors.
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5 | (Source: P.A. 92-871, eff. 1-3-03.)
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6 | (225 ILCS 317/10)
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7 | Sec. 10. Definitions. As used in this Act, unless the | ||||||
8 | context otherwise
requires:
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9 | "Designated certified person" means an individual who has | ||||||
10 | met the
qualifications set forth
under Section 20 of this Act .
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11 | "Fire protection system layout documents" means layout | ||||||
12 | drawings, catalog information on standard products, and other | ||||||
13 | construction data that provide detail on the location of | ||||||
14 | risers, cross mains, branch lines, sprinklers, piping per | ||||||
15 | applicable standard, and hanger locations. "Fire protection | ||||||
16 | system layout documents" serve as a guide for fabrication and | ||||||
17 | installation of a fire sprinkler system and shall be based | ||||||
18 | upon applicable standards pursuant to Section 30 of this Act .
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19 | "Fire sprinkler contractor" means a person who holds | ||||||
20 | himself or herself out
to
be in the
business of providing | ||||||
21 | service for a fire sprinkler system or contracts with a person | ||||||
22 | to provide service for install or repair a fire sprinkler
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23 | system.
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24 | "Fire sprinkler contractor license" means a license issued | ||||||
25 | to a qualified fire sprinkler contractor. |
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1 | "Fire sprinkler inspector" means an individual who is | ||||||
2 | qualified to perform routine inspection or testing of fire | ||||||
3 | sprinkler systems pursuant to Section 17 and who is employed | ||||||
4 | or contracted by a fire sprinkler contractor. | ||||||
5 | "Fire sprinkler inspector license" means a license issued | ||||||
6 | to a qualified fire sprinkler inspector. | ||||||
7 | "Fire sprinkler system" means any water-based automatic | ||||||
8 | fire extinguishing
system employing
fire sprinklers, including | ||||||
9 | accessory fire pumps and associated piping, fire
standpipes, | ||||||
10 | or
underground fire main systems starting at the
connection to | ||||||
11 | the water service after the approved backflow
device
is | ||||||
12 | installed under the requirements of the Illinois Plumbing Code | ||||||
13 | and ending at
the most
remote fire sprinkler. "Fire sprinkler | ||||||
14 | system" includes but is not
limited to a fire sprinkler
system | ||||||
15 | in a residential, commercial, institutional, educational, | ||||||
16 | public, or
private occupancy.
"Fire sprinkler system" does not | ||||||
17 | include single sprinkler heads that are in
a loop of the | ||||||
18 | potable water system, as referenced in 77 Ill. Adm. Code | ||||||
19 | 890.1130
and 890.1200.
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20 | "Licensee" means a person or business organization | ||||||
21 | licensed in accordance
with this Act.
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22 | "NICET" means the National Institute for Certification in | ||||||
23 | Engineering
Technologies.
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24 | "Office" means the Office of the State Fire Marshal. | ||||||
25 | "Person" means an individual, group of individuals, | ||||||
26 | association, trust,
partnership,
corporation, limited |
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1 | liability company, firm, business, person doing business under | ||||||
2 | an assumed name, the State of
Illinois, or department
thereof, | ||||||
3 | any other state-owned and operated institution, or any other | ||||||
4 | entity.
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5 | "Responsible managing employee" means the individual | ||||||
6 | designated by the fire sprinkler contractor that is not | ||||||
7 | required to have a designated certified person under Section | ||||||
8 | 120. | ||||||
9 | "Routine inspection or testing" means inspection or | ||||||
10 | testing to verify the condition of an existing fire sprinkler | ||||||
11 | system at predetermined intervals in accordance with the | ||||||
12 | standards of the National Fire Protection Association. | ||||||
13 | "Rules" means the rules adopted pursuant to this Act. | ||||||
14 | "Service" means work on a fire sprinkler system, | ||||||
15 | including, but not limited to, installation, repair, | ||||||
16 | inspection, testing, and maintenance, within the scope of this | ||||||
17 | Act. | ||||||
18 | "Standards" means those standards or codes referenced in | ||||||
19 | this Act or its rules. | ||||||
20 | "Supervision" means the direction and management by a | ||||||
21 | designated certified
person or responsible managing employee | ||||||
22 | of the
activities of non-certified personnel in the service | ||||||
23 | installation or repair of fire
sprinkler systems.
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24 | (Source: P.A. 94-367, eff. 1-1-06.)
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25 | (225 ILCS 317/12)
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1 | Sec. 12. Licenses License ; enforcement; failure to pay | ||||||
2 | tax. No person shall act
as
a licensee fire
sprinkler | ||||||
3 | contractor , or
advertise or
assume to act as such, or use any | ||||||
4 | title implying that such person
is engaged in such practice or | ||||||
5 | occupation unless licensed by the Office State Fire
Marshal .
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6 | No person firm, association, or corporation shall act as | ||||||
7 | an
agency licensed under this Act, or advertise or assume to | ||||||
8 | act as such,
or use any title implying that the person firm, | ||||||
9 | association, or corporation
is engaged in such practice, | ||||||
10 | unless licensed by the Office State Fire Marshal .
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11 | The Office State Fire Marshal , in the name of the People | ||||||
12 | and through the Attorney
General, the
State's Attorney of any | ||||||
13 | county, any resident of the State, or any legal
entity within | ||||||
14 | the State may apply for injunctive relief in any court to | ||||||
15 | enjoin
any person who has not been issued a license or whose | ||||||
16 | license
has been suspended, revoked, or not renewed from | ||||||
17 | practicing
a licensed activity, and upon the filing of a | ||||||
18 | verified petition,
the court, if satisfied by affidavit or | ||||||
19 | otherwise, that such person
is or has been practicing in | ||||||
20 | violation
of this Act may enter a temporary restraining order
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21 | or preliminary injunction, without bond, enjoining
the | ||||||
22 | defendant from such further activity. A copy of the verified | ||||||
23 | complaint
shall be served upon the defendant and the | ||||||
24 | proceedings shall thereafter
be conducted as in other civil | ||||||
25 | cases. If it is established that
the defendant
has been or is | ||||||
26 | practicing in violation of this Act, the court may enter
a |
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1 | judgment perpetually enjoining the defendant
from such further | ||||||
2 | activity.
In case of violation of any injunctive order or | ||||||
3 | judgment entered under the
provisions of this
Section, the | ||||||
4 | court may summarily try and , if found in violation of the | ||||||
5 | injunctive order, punish the
offender for contempt of court. | ||||||
6 | Such injunctive proceeding shall be in
addition to all | ||||||
7 | penalties and other remedies in this Act.
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8 | The Office State Fire Marshal may refuse to issue a | ||||||
9 | license to, or may suspend the
license
of, any person who fails | ||||||
10 | to file a return, to pay the tax, penalty, or
interest shown in | ||||||
11 | a filed return, or to pay any final assessment of tax,
penalty, | ||||||
12 | or interest, as required by any tax Act administered by the
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13 | Illinois Department of Revenue, until such time as the | ||||||
14 | requirements of any such
tax Act are satisfied.
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15 | (Source: P.A. 92-871, eff. 1-3-03.)
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16 | (225 ILCS 317/14 new) | ||||||
17 | Sec. 14. Fire protection system layout documents. All fire | ||||||
18 | protection system layout documents of fire sprinkler systems | ||||||
19 | shall be prepared by: (1) a professional engineer who is | ||||||
20 | licensed under the Professional Engineering Practice Act of | ||||||
21 | 1989, (2) an architect who is licensed under the Illinois | ||||||
22 | Architecture Practice Act of 1989, or (3) a holder of a valid | ||||||
23 | NICET Level III or IV certification in water-based fire | ||||||
24 | protection systems layout who is either licensed under this | ||||||
25 | Act or employed by an organization licensed under this Act.
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1 | (225 ILCS 317/15)
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2 | Sec. 15. Licensing requirements.
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3 | (a) It shall be unlawful for any person or business to | ||||||
4 | engage in, advertise,
or hold
itself out to be
in the business | ||||||
5 | of providing service for installing or repairing fire | ||||||
6 | sprinkler systems in this State
after 6 months after
the | ||||||
7 | effective date of this Act, unless such person or business is | ||||||
8 | licensed by
the Office State
Fire Marshal .
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9 | (b) Applications for initial licensure and renewal shall | ||||||
10 | be made to the Office on forms or electronically as prescribed | ||||||
11 | by the Office, and applicants shall pay the license fee. In | ||||||
12 | order to obtain a license, a person or business must submit an
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13 | application to the State
Fire Marshal, on a form provided by | ||||||
14 | the State Fire Marshal containing the
information prescribed,
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15 | along with the application fee.
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16 | (c) A business applying for a license must have a | ||||||
17 | designated certified person employed at the
business location | ||||||
18 | and the designated certified person shall be identified on the | ||||||
19 | license application.
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20 | (d) A person or business applying for a license must show | ||||||
21 | proof of having liability and
property damage insurance in | ||||||
22 | such amounts and under such circumstances as may
be determined | ||||||
23 | by the
State Fire Marshal.
The amount of liability and | ||||||
24 | property damage insurance, however, shall not be
less than
the | ||||||
25 | amount specified in Section 35 of this Act.
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1 | (e) A person or business applying for a license must show | ||||||
2 | proof of having
workers' compensation
insurance covering its | ||||||
3 | employees or be approved as a self-insurer of workers'
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4 | compensation in
accordance with the laws of this State.
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5 | (f) A person or business so licensed shall have a separate | ||||||
6 | license for each
business location
within the State or outside | ||||||
7 | the State when the business location is responsible
for any | ||||||
8 | installation
or repair of fire sprinkler systems performed | ||||||
9 | within the State.
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10 | (g) When an individual proposes to do business in her or | ||||||
11 | his own name, a
license, when granted,
shall be issued only to | ||||||
12 | that individual.
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13 | (h) If the applicant requesting licensure to engage in | ||||||
14 | contracting is a
business organization,
such as a partnership, | ||||||
15 | corporation, business trust, or other legal entity, the
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16 | application shall
state the name of the partnership and its | ||||||
17 | partners, the name of the corporation
and its officers and
| ||||||
18 | directors, the name of the business trust and its trustees, or | ||||||
19 | the name of such
other legal entity
and its members and shall | ||||||
20 | furnish evidence of statutory compliance if a
fictitious name | ||||||
21 | is used. Such
application shall also show that the business | ||||||
22 | entity employs a designated
certified person as
required under | ||||||
23 | Section 20. The license, when issued upon application of a
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24 | business organization,
shall be in the name of the business | ||||||
25 | organization and the name of the
qualifying designated | ||||||
26 | certified
person shall be noted thereon.
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1 | (c) (i) No license is required for a person or business | ||||||
2 | that is
engaged in the installation of fire sprinkler systems | ||||||
3 | only in single-family
single family or multiple-family | ||||||
4 | multiple family residential dwellings up to and including 8
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5 | family units that do not exceed 2 1/2 stories in height from | ||||||
6 | the lowest grade
level.
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7 | (j) All fire protection system layout documents of fire | ||||||
8 | sprinkler systems, as defined in Section 10 of this Act, shall | ||||||
9 | be prepared by (i) a professional engineer who is licensed | ||||||
10 | under the Professional Engineering Practice Act of 1989, (ii) | ||||||
11 | an architect who is licensed under the Illinois Architecture | ||||||
12 | Practice Act of 1989, or (iii) a holder of a valid NICET level | ||||||
13 | 3 or 4 certification in fire protection technology automatic | ||||||
14 | sprinkler system layout who is either licensed under this Act | ||||||
15 | or employed by an organization licensed under this Act.
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16 | (Source: P.A. 97-112, eff. 7-14-11.)
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17 | (225 ILCS 317/16 new) | ||||||
18 | Sec. 16. Fire sprinkler contractor license. | ||||||
19 | (a) A person applying for a fire sprinkler contractor | ||||||
20 | license shall have a designated certified person who meets the | ||||||
21 | requirements pursuant to Section 20 or a responsible managing | ||||||
22 | employee pursuant to Section 120 employed at the business | ||||||
23 | location. The designated certified person or responsible | ||||||
24 | managing employee shall be identified on the license | ||||||
25 | application. |
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1 | (b) A person applying for a fire sprinkler contractor | ||||||
2 | license shall show proof of having liability and property | ||||||
3 | damage insurance in such amounts and under such circumstances | ||||||
4 | as may be determined by the Office. The amount of liability and | ||||||
5 | property damage insurance, however, shall not be less than the | ||||||
6 | amount specified in Section 35. | ||||||
7 | (c) A person applying for a fire sprinkler contractor | ||||||
8 | license shall show proof of having workers' compensation | ||||||
9 | insurance covering its employees or be approved as a | ||||||
10 | self-insurer of workers' compensation in accordance with the | ||||||
11 | laws of this State. | ||||||
12 | (d) A fire sprinkler contractor licensee shall have a | ||||||
13 | separate license for each business location within the State | ||||||
14 | or outside the State when the business location is responsible | ||||||
15 | for any installation, repair, inspection, testing, | ||||||
16 | maintenance, or service of fire sprinkler systems performed | ||||||
17 | within the State. | ||||||
18 | (e) When an individual proposes to do business in his or | ||||||
19 | her own name, a license, when granted, shall be issued only to | ||||||
20 | that individual. | ||||||
21 | (f) If the applicant requesting licensure to engage in | ||||||
22 | contracting is a business organization, such as a partnership, | ||||||
23 | corporation, business trust, or other legal entity, the | ||||||
24 | application shall state the name of the partnership and its | ||||||
25 | partners, the name of the corporation and its officers and | ||||||
26 | directors, the name of the business trust and its trustees, or |
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1 | the name of the other legal entity and its members and shall | ||||||
2 | furnish evidence of statutory compliance if a fictitious name | ||||||
3 | is used. Application for a fire sprinkler contractor license | ||||||
4 | shall also show that the business entity employs a designated | ||||||
5 | certified person or responsible managing employee. The | ||||||
6 | license, when issued upon application of a business | ||||||
7 | organization, shall be in the name of the business | ||||||
8 | organization and the name of the qualifying designated | ||||||
9 | certified person or responsible managing employee shall be | ||||||
10 | noted on the license. Changes to the information required in | ||||||
11 | this Section shall be reported to the Office within 30 days | ||||||
12 | after the change. | ||||||
13 | (g) Each fire sprinkler contractor shall be subject to | ||||||
14 | requirements for license renewal and continuing education | ||||||
15 | under Section 35.
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16 | (225 ILCS 317/17 new) | ||||||
17 | Sec. 17. Fire sprinkler inspector license; application; | ||||||
18 | minimum qualifications for routine inspection or testing. | ||||||
19 | (a) Any individual who performs routine inspection or | ||||||
20 | testing of any fire sprinkler system under this Act shall: (i) | ||||||
21 | be employed by a licensed fire sprinkler contractor; and (ii) | ||||||
22 | meet the minimum qualifications of this Section except where | ||||||
23 | the individual is exempted by subsection (c). | ||||||
24 | Beginning January 1, 2024, any individual who performs | ||||||
25 | routine inspection or testing of any fire sprinkler system |
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1 | under this Act shall be individually licensed and possess on | ||||||
2 | his or her person a fire sprinkler inspector license including | ||||||
3 | a photo identification issued by the Office. | ||||||
4 | A person applying for an initial fire sprinkler inspector | ||||||
5 | license or renewing a fire sprinkler inspector license shall | ||||||
6 | demonstrate to the Office proof of minimum qualifications as | ||||||
7 | required by subsection (b) of this Section, except where the | ||||||
8 | individual is exempted by subsection (c). | ||||||
9 | (b) Any individual who performs routine inspection or | ||||||
10 | testing of any fire sprinkler system under this Act shall | ||||||
11 | possess proof of: | ||||||
12 | (1) current certification by a nationally recognized | ||||||
13 | certification organization, such as NICET certification in | ||||||
14 | Inspection and Testing of Water Based Systems, at an | ||||||
15 | appropriate level, or the equivalent; on or after the | ||||||
16 | effective date of this amendatory Act of the 102nd General | ||||||
17 | assembly through December 31, 2022, an appropriate level | ||||||
18 | in NICET certification in Inspection and Testing of Water | ||||||
19 | Based Systems shall be level II; on and after January 1, | ||||||
20 | 2023, an appropriate level in NICET certification in | ||||||
21 | Inspection and Testing of Water Based Systems shall be | ||||||
22 | level III; | ||||||
23 | (2) current ASSE 15010 certification in inspection, | ||||||
24 | testing, and maintenance for water-based fire protection | ||||||
25 | systems by the American Society of Sanitary Engineering; | ||||||
26 | or |
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1 | (3) satisfactory completion of a certified sprinkler | ||||||
2 | fitter apprenticeship program approved by the U.S. | ||||||
3 | Department of Labor. | ||||||
4 | (c) The following are exemptions to the licensing | ||||||
5 | requirements of this Section: | ||||||
6 | (1) State employees who perform routine inspection or | ||||||
7 | testing on behalf of State institutions and who meet the | ||||||
8 | requirements of subsection (b) need not be licensed under | ||||||
9 | this Section or employed by a fire sprinkler contractor | ||||||
10 | under this Act in order to perform routine inspection or | ||||||
11 | testing duties while engaged in the performance of their | ||||||
12 | official duties. | ||||||
13 | (2) The requirements of this Section do not apply to | ||||||
14 | individuals performing inspection or testing of fire | ||||||
15 | sprinkler systems on behalf of a municipality, a county, a | ||||||
16 | fire department, a fire protection district, or the Office | ||||||
17 | while engaged in the performance of their official duties. | ||||||
18 | (3) The requirements of this Section do not apply to a | ||||||
19 | stationary engineer, operating engineer, or other | ||||||
20 | individual employed on a full-time basis by the facility | ||||||
21 | owner or owner's representative performing weekly and | ||||||
22 | monthly inspections and tests in accordance with | ||||||
23 | applicable standards adopted under the rules. | ||||||
24 | (d) Each fire sprinkler inspector shall be subject to the | ||||||
25 | requirements for license renewal and continuing education | ||||||
26 | under Section 35.
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| |||||||
1 | (225 ILCS 317/20)
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2 | Sec. 20. Designated certified person requirements ; change | ||||||
3 | of a designated certified person .
| ||||||
4 | (a) A designated certified person shall must either be a | ||||||
5 | current Illinois licensed
professional
engineer pursuant to | ||||||
6 | the Professional Engineering Practice Act of 1989 or hold a | ||||||
7 | valid NICET Level III level 3 or higher certification in | ||||||
8 | water-based fire protection systems layout "fire
protection | ||||||
9 | technology,
automatic sprinkler system layout" .
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10 | (b) At least one member of every firm, association, or | ||||||
11 | partnership and at
least one
corporate officer of every | ||||||
12 | corporation engaged in the service installation and repair
of | ||||||
13 | fire
sprinkler systems shall must be a designated certified | ||||||
14 | person.
| ||||||
15 | (c) A designated certified person shall must be employed | ||||||
16 | by the fire sprinkler contractor licensee at each a
business | ||||||
17 | location with
a valid license.
| ||||||
18 | (d) A designated certified person shall must perform his | ||||||
19 | or her normal duties at a
business location with
a valid | ||||||
20 | license.
| ||||||
21 | (e) A designated certified person may only be the | ||||||
22 | designated certified
person for one business
location and one | ||||||
23 | business entity.
| ||||||
24 | (f) A designated certified person shall must be directly | ||||||
25 | involved in supervision.
The designated certified person does |
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1 | not, however, have to be at the site of
the service
| ||||||
2 | installation or repair of the fire sprinkler system at all | ||||||
3 | times.
| ||||||
4 | (g) A designated certified person shall provide an | ||||||
5 | affirmative statement acknowledging his or her role as the | ||||||
6 | designated certified person for the fire sprinkler contractor. | ||||||
7 | (h) When a fire sprinkler contractor is without a | ||||||
8 | designated certified person, the fire sprinkler contractor | ||||||
9 | shall notify the Office in writing within 30 days and shall | ||||||
10 | employ a designated certified person no later than 180 days | ||||||
11 | from the time the position of designated certified person | ||||||
12 | becomes vacant. Failing to fill the vacant position shall | ||||||
13 | cause the fire sprinkler contractor license to expire without | ||||||
14 | further operation of law. | ||||||
15 | (Source: P.A. 92-871, eff. 1-3-03.)
| ||||||
16 | (225 ILCS 317/22 new) | ||||||
17 | Sec. 22. Licenses; photo exemption. An applicant who is 21 | ||||||
18 | years of age or older seeking a religious exemption to the | ||||||
19 | requirement under this Act that all licenses contain the | ||||||
20 | licensees' photo shall furnish with his or her application an | ||||||
21 | approved copy of United States Department of the Treasury | ||||||
22 | Internal Revenue Service Form 4029. Regardless of age, an | ||||||
23 | applicant seeking a religious exemption to this photo | ||||||
24 | requirement shall submit fingerprints in a form and manner | ||||||
25 | prescribed by the Office with his or her application in lieu of |
| |||||||
| |||||||
1 | a photo.
| ||||||
2 | (225 ILCS 317/30)
| ||||||
3 | Sec. 30. Requirements for the service installation, | ||||||
4 | repair, inspection, and testing of fire sprinkler protection
| ||||||
5 | systems. | ||||||
6 | (a) Equipment shall be listed by a nationally recognized | ||||||
7 | testing laboratory,
such as
Underwriters Laboratories, Inc. or | ||||||
8 | Factory Mutual Laboratories, Inc., or shall
comply with | ||||||
9 | nationally
accepted standards. The Office State Fire Marshal | ||||||
10 | shall adopt by rule procedures for
determining
whether a | ||||||
11 | laboratory is
nationally recognized, taking into account the | ||||||
12 | laboratory's facilities,
procedures, use of nationally
| ||||||
13 | recognized standards, and any other criteria reasonably | ||||||
14 | calculated to reach an
informed
determination.
| ||||||
15 | (b) Service for equipment Equipment shall be provided | ||||||
16 | installed in accordance with the applicable standards as | ||||||
17 | adopted in the rules
of the National
Fire Protection | ||||||
18 | Association and the manufacturer's specifications.
| ||||||
19 | (c) The contractor shall furnish the user with operating | ||||||
20 | instructions for
all equipment
installed, together with | ||||||
21 | as-built plans a diagram of the final installation.
| ||||||
22 | (d) All fire sprinkler systems shall have a backflow | ||||||
23 | prevention device or,
in a municipality with a population over | ||||||
24 | 500,000, a double detector check
assembly installed by a | ||||||
25 | licensed plumber before the fire sprinkler system
connection |
| |||||||
| |||||||
1 | to the water service. Connection to the backflow prevention | ||||||
2 | device
or, in a municipality with a population over 500,000, a | ||||||
3 | double detector
assembly shall be done in a manner consistent | ||||||
4 | with the Department of Public
Health's Plumbing Code.
| ||||||
5 | (e) (Blank). This licensing Act is not intended to require | ||||||
6 | any additional fire
inspections at State level.
| ||||||
7 | (f) Routine inspection or Before January 1, 2022, | ||||||
8 | inspection and testing of existing fire sprinkler systems and | ||||||
9 | control equipment shall must be performed by an individual | ||||||
10 | qualified under Section 17 a licensee or an individual | ||||||
11 | employed or contracted by a licensee . A copy of the inspection | ||||||
12 | report for routine inspection or testing of a fire sprinkler | ||||||
13 | system shall be sent to the local fire jurisdiction as | ||||||
14 | provided by Section 31. Any individual who performs inspection | ||||||
15 | and testing duties under this subsection (f) must possess | ||||||
16 | proof of (i) certification by a nationally recognized | ||||||
17 | certification organization at an appropriate level, such as | ||||||
18 | NICET Level II in Inspection and Testing of Water Based | ||||||
19 | Systems or the equivalent, (ii) a valid ASSE 15010 | ||||||
20 | certification in "inspection, testing and maintenance for | ||||||
21 | water-based fire protection systems", or (iii) satisfactory | ||||||
22 | completion of a certified sprinkler fitter apprenticeship | ||||||
23 | program approved by the U.S. Department of Labor. State | ||||||
24 | employees who perform inspections and testing on behalf of | ||||||
25 | State institutions and who meet all other requirements of this | ||||||
26 | subsection (f) need not be licensed under this Act or employed |
| |||||||
| |||||||
1 | by a licensee under this Act in order to perform inspection and | ||||||
2 | testing duties under this subsection (f). The requirements of | ||||||
3 | this subsection (f) do not apply to individuals performing | ||||||
4 | inspections or testing of fire sprinkler systems on behalf of | ||||||
5 | a municipality, a county, a fire protection district, or the | ||||||
6 | Office of the State Fire Marshal. This subsection (f) does not | ||||||
7 | apply to a stationary engineer, operating engineer, or other | ||||||
8 | individual employed on a full-time basis by the facility owner | ||||||
9 | or owner's representative performing
weekly and monthly | ||||||
10 | inspections and tests in
accordance with applicable National | ||||||
11 | Fire Protection Association standards.
| ||||||
12 | Before January 1, 2022, a copy of the inspection report | ||||||
13 | for an inspection performed pursuant to this subsection (f) | ||||||
14 | must be forwarded by the entity performing the inspection to | ||||||
15 | the local fire department or fire protection district in which | ||||||
16 | the sprinkler system is located. The inspection report must | ||||||
17 | include the NICET Level II Inspection and Testing of Water | ||||||
18 | Based Systems certification number, ASSE 15010 certification | ||||||
19 | number for "inspection, testing and maintenance for | ||||||
20 | water-based fire protection systems", or journeymen number of | ||||||
21 | the person performing the inspection. | ||||||
22 | After December 31, 2021, inspection and testing of | ||||||
23 | existing fire sprinkler systems and control equipment must be | ||||||
24 | performed by a licensee or an individual employed or | ||||||
25 | contracted by a licensee. Any individual who performs | ||||||
26 | inspection and testing duties under this subsection (f) must |
| |||||||
| |||||||
1 | possess proof of (i) certification by a nationally recognized | ||||||
2 | certification organization at an appropriate level, such as | ||||||
3 | NICET Level III in Inspection and Testing of Water Based | ||||||
4 | Systems or the equivalent, (ii) a valid ASSE 15010 | ||||||
5 | certification in "inspection, testing and maintenance for | ||||||
6 | water-based fire protection systems", or (iii) satisfactory | ||||||
7 | completion of a certified sprinkler fitter apprenticeship | ||||||
8 | program approved by the United States Department of Labor. | ||||||
9 | State employees who perform inspections and testing on behalf | ||||||
10 | of State institutions and who meet all other requirements of | ||||||
11 | this subsection (f) need not be licensed under this Act or | ||||||
12 | employed by a licensee under this Act in order to perform | ||||||
13 | inspection and testing duties under this subsection (f). The | ||||||
14 | requirements of this subsection (f) do not apply to | ||||||
15 | individuals performing inspections or testing of fire | ||||||
16 | sprinkler systems on behalf of a municipality, a county, a | ||||||
17 | fire protection district, or the Office of the State Fire | ||||||
18 | Marshal. This subsection (f) does not apply to a stationary | ||||||
19 | engineer, operating engineer, or other individual employed on | ||||||
20 | a full-time basis by the facility owner or owner's | ||||||
21 | representative performing
weekly and monthly inspections and | ||||||
22 | tests in
accordance with applicable National Fire Protection | ||||||
23 | Association standards. | ||||||
24 | After December 31, 2021, a copy of the inspection report | ||||||
25 | for an inspection performed pursuant to this subsection (f) | ||||||
26 | must be forwarded by the entity performing the inspection to |
| |||||||
| |||||||
1 | the local fire department or fire protection district in which | ||||||
2 | the sprinkler system is located. The inspection report must | ||||||
3 | include the NICET Level III Inspection and Testing of Water | ||||||
4 | Based Systems certification number, ASSE 15010 certification | ||||||
5 | number for "inspection, testing and maintenance for | ||||||
6 | water-based fire protection systems", or journeymen number of | ||||||
7 | the person performing the inspection. | ||||||
8 | (Source: P.A. 101-626, eff. 6-1-20 .)
| ||||||
9 | (225 ILCS 317/31 new) | ||||||
10 | Sec. 31. Reporting of routine inspection or testing | ||||||
11 | activity. A copy of the inspection report for routine | ||||||
12 | inspection or testing of a fire sprinkler system provided by a | ||||||
13 | fire sprinkler inspector shall be forwarded by the entity | ||||||
14 | performing the routine inspection or testing to the local fire | ||||||
15 | jurisdiction in which the fire sprinkler system is located | ||||||
16 | within 20 business days after the routine inspection or | ||||||
17 | testing or within the time frame required by the local fire | ||||||
18 | jurisdiction, whichever is less. | ||||||
19 | The report for routine inspection or testing shall | ||||||
20 | include: (1) the name and license number of the individual or | ||||||
21 | individuals who performed the routine inspection or testing; | ||||||
22 | and (2) the name and license number of the fire sprinkler | ||||||
23 | contractor by whom the individual or individuals are employed.
| ||||||
24 | (225 ILCS 317/35)
|
| |||||||
| |||||||
1 | Sec. 35. Fees, renewals, continuing education, and | ||||||
2 | required insurance.
| ||||||
3 | (a) The fees for an initial original license and each | ||||||
4 | renewal and for duplicate
copies of licenses
shall be | ||||||
5 | determined by the Office State Fire Marshal by rule.
| ||||||
6 | (b) Each license shall must be renewed every 2 years. Each | ||||||
7 | licensee shall must complete at least 16 hours of continuing | ||||||
8 | education in the 2-year period following the licensee's his or | ||||||
9 | her renewal or initial licensure , with at least 8 hours of | ||||||
10 | continuing education completed during each year of the current | ||||||
11 | license after the effective date of this amendatory Act of the | ||||||
12 | 97th General Assembly . | ||||||
13 | To satisfy the continuing education requirement for fire | ||||||
14 | sprinkler contractors, continuing education shall be completed | ||||||
15 | by the designated certified person or responsible managing | ||||||
16 | employee on behalf of the fire sprinkler contractor licensee. | ||||||
17 | Current licensure as a professional engineer or proof of | ||||||
18 | current NICET certification in Level III or IV certification | ||||||
19 | in water-based fire protection systems layout shall satisfy | ||||||
20 | the continuing education this requirement for designated | ||||||
21 | certified persons. | ||||||
22 | Continuing education offered through nationally recognized | ||||||
23 | building and fire code organizations and their affiliates; | ||||||
24 | nationally recognized fire sprinkler organizations and their | ||||||
25 | affiliates; institutions of higher education; educational | ||||||
26 | bodies specializing in automatic fire suppression system |
| |||||||
| |||||||
1 | technology; as well as other entities approved by the Office | ||||||
2 | State Fire Marshal shall be also acceptable. All continuing | ||||||
3 | education entities seeking to be approved providers of | ||||||
4 | continuing education shall make application to the Office | ||||||
5 | State Fire Marshal and offer programs that: | ||||||
6 | (1) contribute to the advancement, extension, or | ||||||
7 | enhancement of the professional skills or technical | ||||||
8 | knowledge of the licensee in the practice of fire | ||||||
9 | sprinkler contracting; and | ||||||
10 | (2) are developed and presented by persons with | ||||||
11 | education or experience in the subject manner of the | ||||||
12 | program. | ||||||
13 | (c) Any person who fails to file a renewal application by | ||||||
14 | the date of
expiration of a license
shall be assessed a late | ||||||
15 | filing fee charge , which shall be determined by the Office | ||||||
16 | State
Fire Marshal by rule.
| ||||||
17 | (d) All fees shall be paid by check or money order. Any fee | ||||||
18 | required by this
Act is not
refundable in the event that the | ||||||
19 | initial original application or application for
renewal is | ||||||
20 | denied.
| ||||||
21 | (e) Every application for an initial original license or | ||||||
22 | renewal of a fire sprinkler contractor license shall be | ||||||
23 | accompanied by a
certificate of
insurance issued by an | ||||||
24 | insurance company authorized to do business in the State
of | ||||||
25 | Illinois or by a
risk retention or purchasing group formed | ||||||
26 | pursuant to the federal Liability
Risk Retention Act of
1986, |
| |||||||
| |||||||
1 | which provides primary, first dollar public liability coverage | ||||||
2 | of the
applicant or licensee for
personal injuries for not | ||||||
3 | less than $500,000 per person or $1,000,000 per
occurrence, | ||||||
4 | and, in
addition, for not less than $1,000,000 per occurrence | ||||||
5 | for property damage. The
insurance policy shall
be in effect | ||||||
6 | at all times during the license year and a new certificate of | ||||||
7 | insurance shall be filed
with the Office State Fire Marshal | ||||||
8 | within 30 days after the renewal of the insurance
policy.
| ||||||
9 | (Source: P.A. 97-112, eff. 7-14-11.)
| ||||||
10 | (225 ILCS 317/40)
| ||||||
11 | Sec. 40. Deposit of fines and fees; appropriation. All | ||||||
12 | administrative
civil fines and fees
collected pursuant to the | ||||||
13 | Act shall be deposited into the Fire
Prevention Fund,
a | ||||||
14 | special fund in the State treasury. The General Assembly
shall | ||||||
15 | appropriate the
amount annually collected as administrative | ||||||
16 | civil fines and fees to the State
Fire Marshal for the
purposes | ||||||
17 | of administering this Act.
| ||||||
18 | (Source: P.A. 92-871, eff. 1-3-03.)
| ||||||
19 | (225 ILCS 317/45)
| ||||||
20 | Sec. 45. Home rule. A home rule unit may not regulate the | ||||||
21 | service installation
and
repair of fire sprinkler systems in a | ||||||
22 | manner less restrictive than the
regulation by the State
on | ||||||
23 | the service installation and repair of fire sprinkler systems | ||||||
24 | under this Act. This
Section is a
limitation under subsection |
| |||||||
| |||||||
1 | (i) of Section 6 of Article VII of the Illinois
Constitution on
| ||||||
2 | the concurrent exercise by home rule units of powers and | ||||||
3 | functions exercised by
the
State.
| ||||||
4 | The changes made to this Section by this amendatory Act of | ||||||
5 | the 102nd General Assembly are intended to be a restatement | ||||||
6 | and clarification of existing law. | ||||||
7 | (Source: P.A. 92-871, eff. 1-3-03.)
| ||||||
8 | (225 ILCS 317/50)
| ||||||
9 | Sec. 50. Powers and duties of the Office State Fire | ||||||
10 | Marshal . The Office State Fire
Marshal has all of the
| ||||||
11 | following powers and duties:
| ||||||
12 | (a) To prescribe and furnish application forms, licenses, | ||||||
13 | and any other
forms necessary under
this Act.
| ||||||
14 | (b) To suspend, revoke, or refuse to issue or renew | ||||||
15 | licenses for cause.
| ||||||
16 | (c) To conduct hearings concerning the suspension, | ||||||
17 | revocation, or refusal to
issue or renew
licenses.
| ||||||
18 | (d) To levy and collect fines pursuant to this Act.
| ||||||
19 | (e) To adopt promulgate rules and regulations and | ||||||
20 | incorporate standards necessary for the administration of
this | ||||||
21 | Act and to enforce the rules and standards adopted under the | ||||||
22 | Act or its rules .
| ||||||
23 | (f) To investigate applications, complaints, and | ||||||
24 | allegations of violations associated with this Act. | ||||||
25 | (g) To establish fee schedules for licenses. |
| |||||||
| |||||||
1 | (h) To establish a database of licensed fire sprinkler | ||||||
2 | contractors and licensed fire sprinkler inspectors. | ||||||
3 | (Source: P.A. 92-871, eff. 1-3-03.)
| ||||||
4 | (225 ILCS 317/55)
| ||||||
5 | Sec. 55. Rules; public hearing. Subject to the requirement | ||||||
6 | for public
hearings as provided
in this Section, the Office | ||||||
7 | State Fire Marshal shall promulgate, publish , and adopt,
and | ||||||
8 | may, from time to
time, amend such rules as may be necessary | ||||||
9 | for the proper enforcement of this
Act, to protect the
health | ||||||
10 | and safety of the public. The Office State Fire Marshal shall | ||||||
11 | hold a public
hearing prior to the
adoption or amendment of | ||||||
12 | rules required under this Act. The Office State Fire Marshal
| ||||||
13 | may, when necessary,
utilize the services of any other State | ||||||
14 | agency to assist in carrying out the
purposes of this Act.
| ||||||
15 | (Source: P.A. 92-871, eff. 1-3-03.)
| ||||||
16 | (225 ILCS 317/60)
| ||||||
17 | Sec. 60. Grounds for disciplinary action. The following | ||||||
18 | constitute grounds for disciplinary
action by the Office State | ||||||
19 | Fire Marshal :
| ||||||
20 | (1) Violation of any provision of this Act or rules or | ||||||
21 | standards adopted under this Act or its rules or of any rule | ||||||
22 | adopted pursuant thereto .
| ||||||
23 | (2) Violation of the applicable building , fire, or life | ||||||
24 | safety codes or laws of this State or any municipality or
|
| |||||||
| |||||||
1 | county thereof.
| ||||||
2 | (3) Diversion of funds or property received for | ||||||
3 | prosecution or completion of a specified
construction project | ||||||
4 | or operation when, as a result of the diversion, the | ||||||
5 | contractor is, or will be,
unable to fulfill the terms of his | ||||||
6 | or her her or his obligation or contract.
| ||||||
7 | (4) Any final disciplinary Disciplinary action by any | ||||||
8 | municipality or county of this State , which action shall be
| ||||||
9 | reviewed by the Office
State Fire Marshal before the Office | ||||||
10 | takes taking any disciplinary action.
| ||||||
11 | (5) Failure to supervise the service installation of the | ||||||
12 | fire sprinkler protection system performed
covered by the
| ||||||
13 | installation permit signed by the contractor.
| ||||||
14 | (6) Rendering a fire sprinkler protection system, | ||||||
15 | standpipe system, or underground
water supply main
connecting | ||||||
16 | to the system inoperative except when the fire sprinkler | ||||||
17 | protection system,
standpipe system, or
underground water | ||||||
18 | supply main is being serviced inspected, serviced, tested, or
| ||||||
19 | repaired or pursuant
to court order.
| ||||||
20 | (7) Improperly servicing , repairing, testing, or | ||||||
21 | inspecting a fire sprinkler
protection system, standpipe
| ||||||
22 | system, or underground water supply main connecting to the | ||||||
23 | system based upon applicable standards of this Act or as | ||||||
24 | adopted by rule .
| ||||||
25 | (8) Failing to provide proof of insurance to the Office | ||||||
26 | State Fire Marshal or
failing to maintain in
force the |
| |||||||
| |||||||
1 | insurance coverage required by this Act.
| ||||||
2 | (9) Failing to obtain, retain, or maintain one or more of | ||||||
3 | the qualifications
for a designated
certified person or | ||||||
4 | responsible managing employee as specified in this Act.
| ||||||
5 | (10) Making a material misstatement or misrepresentation | ||||||
6 | or committing a
fraud in obtaining or
attempting to obtain a | ||||||
7 | license.
| ||||||
8 | (11) Failing to notify the Office State Fire Marshal , in | ||||||
9 | writing, within 30 days
after a change of
residence address, | ||||||
10 | principal business address, or name , or designated certified | ||||||
11 | person or responsible managing employee .
| ||||||
12 | (12) Failure to supply within a reasonable time, upon | ||||||
13 | request from the Office State
Fire Marshal or
its authorized | ||||||
14 | representative, true information regarding material used, work
| ||||||
15 | performed, or other
information essential to the | ||||||
16 | administration of this Act.
| ||||||
17 | (13) Aiding or assisting abetting a person to violate any | ||||||
18 | a provision of this Act or its rules , or
conspiring with any | ||||||
19 | person
to violate any a provision of this Act or its rules , or | ||||||
20 | allowing a license to be used by another
person .
| ||||||
21 | (14) Discipline by another U.S. jurisdiction if at least | ||||||
22 | one of the grounds for the discipline is the same or | ||||||
23 | substantially equivalent to those set forth in this Section. | ||||||
24 | (15) Improperly advertising services for installing, | ||||||
25 | maintaining, servicing, repairing, testing, or inspecting a | ||||||
26 | fire sprinkler system. |
| |||||||
| |||||||
1 | (16) Making a material misstatement or misrepresentation | ||||||
2 | or committing fraud in the installation, repair, inspection, | ||||||
3 | testing, maintenance, or service of a fire sprinkler system, | ||||||
4 | standpipe system, or underground water supply main connecting | ||||||
5 | to the system. | ||||||
6 | (17) Conviction by plea of guilty or nolo contendere, | ||||||
7 | finding of guilt, jury verdict, or entry of judgment or by | ||||||
8 | sentencing of any crime, including, but not limited to, | ||||||
9 | convictions, preceding sentences of supervision, conditional | ||||||
10 | discharge, or first offender probation, under the laws of any | ||||||
11 | jurisdiction of the United States that is a felony or | ||||||
12 | misdemeanor, an essential element of which is dishonesty, or | ||||||
13 | that is directly related to the business practices or the | ||||||
14 | installation, repair, inspection, testing, maintenance, or | ||||||
15 | service of a fire sprinkler system, standpipe system, or | ||||||
16 | underground water supply main connecting to the system. | ||||||
17 | (18) Directly or indirectly willfully receiving | ||||||
18 | compensation for any professional service related to the | ||||||
19 | license, not properly or actually rendered, including | ||||||
20 | inspections. | ||||||
21 | (19) Permitting the use of a license issued under this Act | ||||||
22 | to enable an unlicensed person or agency to operate as a | ||||||
23 | licensee. | ||||||
24 | (20) Use of a license or license number issued under this | ||||||
25 | Act by an unlicensed person to operate as a licensee. | ||||||
26 | (Source: P.A. 92-871, eff. 1-3-03.)
|
| |||||||
| |||||||
1 | (225 ILCS 317/62 new) | ||||||
2 | Sec. 62. Unlicensed practice; violation; civil penalty. | ||||||
3 | (a) Any person, entity, or business that offers fire | ||||||
4 | sprinkler contractor services under this Act without being | ||||||
5 | licensed or exempt under this Act shall, in addition to any | ||||||
6 | other penalty provided by law, pay a civil penalty, which | ||||||
7 | shall be deposited into the Fire Prevention Fund, in an amount | ||||||
8 | not to exceed $10,000 for each offense, as determined by the | ||||||
9 | Office. The civil penalty shall be assessed by the Office | ||||||
10 | after a hearing is held in accordance with the provisions of | ||||||
11 | this Act regarding the provision of a hearing for the | ||||||
12 | discipline of a licensee. | ||||||
13 | (b) Use of the title "fire sprinkler inspector" is limited | ||||||
14 | to those individuals licensed under this Act. Any person who | ||||||
15 | practices, offers to practice, attempts to practice, or holds | ||||||
16 | himself or herself out to practice as a fire sprinkler | ||||||
17 | inspector without being licensed or exempt under this Act | ||||||
18 | shall, in addition to any other penalty provided by law, pay a | ||||||
19 | civil penalty, which shall be deposited into the Fire | ||||||
20 | Prevention Fund, in an amount not to exceed $10,000 for each | ||||||
21 | offense, as determined by the Office. The civil penalty shall | ||||||
22 | be assessed by the Office after a hearing is held in accordance | ||||||
23 | with the provisions of this Act regarding the provision of a | ||||||
24 | hearing for the discipline of a licensee. | ||||||
25 | (c) The Office may investigate any actual, alleged, or |
| |||||||
| |||||||
1 | suspected unlicensed activity. | ||||||
2 | (d) The civil penalty shall be paid within 60 days after | ||||||
3 | the effective date of the order imposing the civil penalty. | ||||||
4 | The order shall constitute a final judgment and may be filed | ||||||
5 | and execution had thereon in the same manner as any judgment | ||||||
6 | from any court of record.
| ||||||
7 | (225 ILCS 317/65)
| ||||||
8 | Sec. 65. Notice; administrative action; suspension, | ||||||
9 | revocation, or refusal to renew a license.
| ||||||
10 | (a) Whenever the Office State Fire Marshal determines that | ||||||
11 | there are reasonable
grounds to believe
that a licensee has | ||||||
12 | violated a provision of this Act or the rules or standards | ||||||
13 | adopted
under this Act or its rules , the Office
State Fire | ||||||
14 | Marshal shall give notice of the alleged violation to the | ||||||
15 | person
whom the license was
issued . The notice shall (i) be | ||||||
16 | in writing and ; (ii) include a statement of the
alleged | ||||||
17 | violation which
necessitates issuance of the notice ; (iii) | ||||||
18 | contain an outline of remedial
action that, if taken, will
| ||||||
19 | effect compliance with the provisions of this Act and the | ||||||
20 | rules adopted under
this Act; (iv)
prescribe a reasonable | ||||||
21 | time, as determined by the State Fire Marshal, for the
| ||||||
22 | performance of any
action required by the notice; and (v) be | ||||||
23 | served upon the licensee . The
notice shall be deemed to
have | ||||||
24 | been properly served upon the person when a copy of the notice | ||||||
25 | has been
sent by registered or
certified mail to the person's |
| |||||||
| |||||||
1 | his or her last known address as furnished to the Office State | ||||||
2 | Fire Marshal or when the person he or
she has been served the | ||||||
3 | notice by any other method authorized by law.
| ||||||
4 | (b) If the person to whom the notice is served does not | ||||||
5 | abate the violation comply with the terms of the notice
within | ||||||
6 | the time limitations specified in the notice , the Office State | ||||||
7 | Fire Marshal may proceed with action , including civil and | ||||||
8 | administrative fines, penalties, suspension, revocation, and | ||||||
9 | refusal
to suspend, revoke, or refuse to issue or renew a | ||||||
10 | license as provided in this Act Section .
| ||||||
11 | (c) (Blank). Other requirements of this Act | ||||||
12 | notwithstanding, when the State Fire
Marshal
determines that | ||||||
13 | reasonable grounds exist to indicate that a violation of this
| ||||||
14 | Act has been committed
and the violation is the third separate | ||||||
15 | violation by that person in an 18-month
period, the notice
| ||||||
16 | requirement of subsection (a) of this Section is waived and | ||||||
17 | the State Fire
Marshal may proceed
immediately with action to | ||||||
18 | suspend, revoke, or refuse to issue a license.
| ||||||
19 | (d) In any proceeding to administratively fine, penalize, | ||||||
20 | suspend, revoke, or refuse to issue or renew a license, the | ||||||
21 | Office
State Fire Marshal
shall first serve or cause to be | ||||||
22 | served upon the person licensee a written notice of
the | ||||||
23 | Office's State Fire
Marshal's intent to take action. The | ||||||
24 | notice shall specify the way in which the
person has failed to
| ||||||
25 | comply with this Act or any other rules or standards of the | ||||||
26 | Office State Fire Marshal . The notice shall be deemed to have |
| |||||||
| |||||||
1 | been properly served upon the person when a copy of the notice | ||||||
2 | has been sent by registered or certified mail to the person's | ||||||
3 | last known address as furnished to the Office or when the | ||||||
4 | person has been served the notice by any other method | ||||||
5 | authorized by law.
| ||||||
6 | (e) In the case of revocation or suspension, the notice | ||||||
7 | shall require the person to remove or
abate the violation or | ||||||
8 | objectionable condition specified in the notice within 10 5
| ||||||
9 | days. The Office State Fire
Marshal may specify a longer | ||||||
10 | period of time as it deems necessary. If the
person fails to | ||||||
11 | comply
with the terms and conditions of the revocation or | ||||||
12 | suspension notice within the
time specified by the Office
| ||||||
13 | State Fire Marshal , the Office State Fire Marshal may | ||||||
14 | summarily revoke or suspend the license.
| ||||||
15 | (f) If In the case of refusal to issue a license, if the | ||||||
16 | person has violated or fails to comply
with the Act or
rules or | ||||||
17 | standards adopted promulgated under this the Act or its rules , | ||||||
18 | the Office State Fire Marshal may refuse
to issue or renew a | ||||||
19 | license.
| ||||||
20 | (Source: P.A. 92-871, eff. 1-3-03.)
| ||||||
21 | (225 ILCS 317/70)
| ||||||
22 | Sec. 70. Administrative hearing. The Office State Fire | ||||||
23 | Marshal shall give written
notice by
certified or registered | ||||||
24 | mail to an applicant , or licensee , or person of the Office's | ||||||
25 | State
Fire Marshal's intent to
suspend, revoke, or refuse to |
| |||||||
| |||||||
1 | issue or renew a license or to assess a fine.
Such person has a | ||||||
2 | right to a
hearing before the Office State Fire Marshal . A | ||||||
3 | written notice of a request for a
hearing shall be served on
| ||||||
4 | the Office State Fire Marshal within 10 days of notice of the | ||||||
5 | refusal, suspension, or
revocation of a
license or imposition | ||||||
6 | of a fine. The hearing shall be conducted by the Office State
| ||||||
7 | Fire Marshal or a
hearing officer designated in writing by the | ||||||
8 | Office State Fire Marshal . A stenographic
record shall be made
| ||||||
9 | of the hearing and the cost of the hearing shall be borne by | ||||||
10 | the Office State Fire
Marshal . A transcript of
the hearing | ||||||
11 | shall be made only upon request of the applicant , or licensee , | ||||||
12 | or person and
shall be transcribed at
the cost of that person.
| ||||||
13 | (Source: P.A. 92-871, eff. 1-3-03.)
| ||||||
14 | (225 ILCS 317/75)
| ||||||
15 | Sec. 75. Subpoena powers; administration of oath. The | ||||||
16 | Office State Fire Marshal
or hearing officer
may compel by | ||||||
17 | subpoena or subpoena duces tecum the attendance and testimony | ||||||
18 | of
witnesses and the
production of books and papers. All | ||||||
19 | subpoenas issued by the Office State Fire Marshal
or hearing | ||||||
20 | officer
may be served as provided for in a civil action. The | ||||||
21 | fees of witnesses for
attendance and travel
shall be the same | ||||||
22 | as the fees for witnesses before the circuit court and shall
be | ||||||
23 | paid by the party
at whose request the subpoena is issued. If | ||||||
24 | such subpoena is issued at the
request of the Office State Fire
| ||||||
25 | Marshal , the witness fee shall be paid as an administrative |
| |||||||
| |||||||
1 | expense.
| ||||||
2 | In the case of refusal of a witness to attend or testify or | ||||||
3 | to produce books
or papers
concerning any matter upon which he | ||||||
4 | or she might be lawfully examined, the
circuit court of the
| ||||||
5 | county where the hearing is held, upon application of any | ||||||
6 | party to the
proceeding, may compel
obedience by a proceeding | ||||||
7 | for contempt.
| ||||||
8 | The Office State Fire Marshal or hearing officer has the | ||||||
9 | authority to administer
oaths to witnesses.
| ||||||
10 | (Source: P.A. 92-871, eff. 1-3-03.)
| ||||||
11 | (225 ILCS 317/80)
| ||||||
12 | Sec. 80. Deposition of witnesses; testimony at hearing | ||||||
13 | recorded. In the
event of the
inability of any party or the | ||||||
14 | Office State Fire Marshal to procure the attendance of
| ||||||
15 | witnesses to give
testimony or produce books and papers, the | ||||||
16 | party or the Office State Fire Marshal may
take the deposition | ||||||
17 | of
witnesses in accordance with the laws of this State. All | ||||||
18 | testimony taken at a
hearing shall be
reduced to writing and | ||||||
19 | all such testimony and other evidence introduced at the
| ||||||
20 | hearing shall be a
part of the record of the hearing.
| ||||||
21 | (Source: P.A. 92-871, eff. 1-3-03.)
| ||||||
22 | (225 ILCS 317/85)
| ||||||
23 | Sec. 85. Certification of record. The Office State Fire | ||||||
24 | Marshal is not required to
certify any
record or file any |
| |||||||
| |||||||
1 | answer or otherwise appear in any proceeding for judicial
| ||||||
2 | review unless the party
filing the complaint deposits with the | ||||||
3 | clerk of the court the sum of one dollar
per page representing
| ||||||
4 | the costs of the certification. Failure on the part of the | ||||||
5 | plaintiff to make
the deposit shall be
grounds for dismissal | ||||||
6 | of the action.
| ||||||
7 | (Source: P.A. 92-871, eff. 1-3-03.)
| ||||||
8 | (225 ILCS 317/90)
| ||||||
9 | Sec. 90. Injunction. Unlicensed, faulty, or noncompliant | ||||||
10 | Faulty fire sprinkler installation , and repair , inspection, | ||||||
11 | testing, maintenance, and service is
declared a violation
of | ||||||
12 | this Act and inimical to the public health, welfare, and | ||||||
13 | safety and a
deceptive business practice. If any person | ||||||
14 | violates the provisions of this Act, the Office may, in the | ||||||
15 | name of the People of the State of Illinois, through the | ||||||
16 | Attorney General, petition, in a circuit court of competent | ||||||
17 | jurisdiction, for an order enjoining such violation or for an | ||||||
18 | order enforcing compliance with this Act. Upon the filing of a | ||||||
19 | verified petition in such court, the court may issue a | ||||||
20 | temporary restraining order, without notice or bond, and may | ||||||
21 | preliminarily and permanently enjoin such violation, and if it | ||||||
22 | is established that such person has violated or is violating | ||||||
23 | the injunction the court may punish the offender for contempt | ||||||
24 | of court. Proceedings under this Section shall be in addition | ||||||
25 | to, and not in lieu of, all other remedies and penalties |
| |||||||
| |||||||
1 | provided by this Act
The State Fire Marshal, in the name of the | ||||||
2 | People of the State, through the
Attorney General or the
| ||||||
3 | State's Attorney of the county in which the violation occurs | ||||||
4 | may, in addition
to other remedies
herein provided, bring an | ||||||
5 | action for an injunction to restrain such violation
or enjoin | ||||||
6 | the future
performance of the person who committed the | ||||||
7 | violation until compliance with the
provisions of this
Act has | ||||||
8 | been obtained .
| ||||||
9 | (Source: P.A. 92-871, eff. 1-3-03.)
| ||||||
10 | (225 ILCS 317/95)
| ||||||
11 | Sec. 95. Penalty. Any person who violates this Act or any | ||||||
12 | rule adopted by
the Office State Fire
Marshal , or who violates | ||||||
13 | any determination or order of the Office State Fire Marshal
| ||||||
14 | under this Act shall be
guilty of a Class A misdemeanor and | ||||||
15 | shall be fined a sum not less than $100.
| ||||||
16 | Each day's violation constitutes a separate offense. The | ||||||
17 | State's Attorney of
the county in
which the violation occurred | ||||||
18 | or the Attorney General shall bring such actions
in the name of | ||||||
19 | the
people of the State of Illinois.
| ||||||
20 | (Source: P.A. 92-871, eff. 1-3-03.)
| ||||||
21 | (225 ILCS 317/100)
| ||||||
22 | Sec. 100. Administrative civil fines. The Office State | ||||||
23 | Fire Marshal is empowered
to assess
administrative civil fines | ||||||
24 | against a licensee for violations of this Act or its
rules.
|
| |||||||
| |||||||
1 | These fines shall not be greater than $1,000 for each offense. | ||||||
2 | These fines
shall be in
addition to, or in lieu of,
license | ||||||
3 | suspensions and revocations. Rules to implement this Section | ||||||
4 | shall
be adopted by the Office
State Fire Marshal within 6 | ||||||
5 | months after the effective date of this Act .
| ||||||
6 | The hearing officer shall, upon determination that a | ||||||
7 | violation of the Act or
rules has
occurred, determine the | ||||||
8 | amount of these fines. Any fine assessed and not paid
within 60 | ||||||
9 | days after receiving
notice of the fine from the Office State | ||||||
10 | Fire Marshal may be submitted to the Attorney
General's
office | ||||||
11 | for collection.
Failure to pay a fine shall also be grounds for | ||||||
12 | immediate suspension or
revocation of a license
issued under | ||||||
13 | this Act.
| ||||||
14 | (Source: P.A. 92-871, eff. 1-3-03.)
| ||||||
15 | (225 ILCS 317/105)
| ||||||
16 | Sec. 105. Judicial review of final administrative | ||||||
17 | decision. The
Administrative Review Law
and the rules adopted | ||||||
18 | under the Administrative Review Law apply to and govern
all | ||||||
19 | proceedings for
judicial review of final administrative | ||||||
20 | decisions of the Office State Fire Marshal
under this Act. | ||||||
21 | Such
judicial review shall be had in the circuit court of the | ||||||
22 | county in which the
cause of the action
arose. The term | ||||||
23 | "administrative decision" is defined in Section 3-101 of the
| ||||||
24 | Code of Civil Procedure.
| ||||||
25 | (Source: P.A. 92-871, eff. 1-3-03.)
|
| |||||||
| |||||||
1 | (225 ILCS 317/110)
| ||||||
2 | Sec. 110. Illinois Administrative Procedure Act. The | ||||||
3 | provisions of the
Illinois
Administrative Procedure Act are | ||||||
4 | hereby expressly adopted and shall apply to
all administrative | ||||||
5 | rules
and procedures of the Office State Fire Marshal under | ||||||
6 | this Act, except that, in the
case of conflict between
the | ||||||
7 | Illinois Administrative Procedure Act and this Act, the | ||||||
8 | provisions of this
Act shall control, and
except that Section | ||||||
9 | 5-35 of the Illinois Administrative Procedure Act relating
to | ||||||
10 | procedures for
rule-making does not apply to the adoption of | ||||||
11 | any rule required by federal law
in connection with
which the | ||||||
12 | Office State Fire Marshal is precluded by law from exercising | ||||||
13 | any
discretion.
| ||||||
14 | (Source: P.A. 92-871, eff. 1-3-03.)
| ||||||
15 | (225 ILCS 317/116 new) | ||||||
16 | Sec. 116. Exceptions. | ||||||
17 | (a) The provisions of this Act do not apply to facilities | ||||||
18 | licensed by the Nuclear Regulatory Commission under the | ||||||
19 | provisions of 10 CFR 50 or 10 CFR 52 or their employees while | ||||||
20 | engaged in the performance of their official duties. | ||||||
21 | (b) The provisions of this Act do not apply to a | ||||||
22 | professional engineer who is operating within the scope of the | ||||||
23 | Professional Engineering Practice Act of 1989 or an architect | ||||||
24 | who is operating within the scope of the Illinois Architecture |
| |||||||
| |||||||
1 | Practice Act of 1989.
| ||||||
2 | (225 ILCS 317/120)
| ||||||
3 | Sec. 120. Grandfather clause. Any person or business that, | ||||||
4 | as of January 3, 2003 was the
effective date of this Act, is
| ||||||
5 | installing or
repairing fire sprinkler systems in the State of | ||||||
6 | Illinois and had has a minimum of
3 years of experience
in | ||||||
7 | installing or repairing fire sprinkler systems before January | ||||||
8 | 3, 2003 is exempt from having a
designated certified
person as | ||||||
9 | required in
Section 20. A fire sprinkler contractor that is | ||||||
10 | exempt from having a designated certified person shall have a | ||||||
11 | responsible managing employee. | ||||||
12 | Beginning July 1, 2021, no person or business organization | ||||||
13 | shall be issued an initial fire sprinkler contractor license | ||||||
14 | using such exemption.
| ||||||
15 | (Source: P.A. 92-871, eff. 1-3-03.)
| ||||||
16 | (225 ILCS 317/25 rep.) | ||||||
17 | Section 10. The Fire Sprinkler Contractor Licensing Act is | ||||||
18 | amended by repealing Section 25.
| ||||||
19 | Section 99. Effective date. This Act takes effect upon | ||||||
20 | becoming law.
|