Bill Text: IL HB5511 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the Fire Sprinkler Contractor Licensing Act. Provides that a designated certified person may be trained by the fire pump equipment manufacturer and deemed to be a fire pump manufacturer's authorized representative. Provides that an individual who performs inspection and testing duties may be certified by a nationally recognized fire pump manufacturer. Defines "fire pump manufacturer's authorized representative". Makes other changes. Effective immediately. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB5511 Detail]

Download: Illinois-2019-HB5511-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5511

Introduced , by Rep. Jim Durkin

SYNOPSIS AS INTRODUCED:
225 ILCS 317/5
225 ILCS 317/10
225 ILCS 317/20
225 ILCS 317/30
225 ILCS 317/35

Amends the Fire Sprinkler Contractor Licensing Act. Provides that a designated certified person may be trained by the fire pump equipment manufacturer and deemed to be a fire pump manufacturer's authorized representative. Provides that an individual who performs inspection and testing duties may be certified by a nationally recognized fire pump manufacturer. Defines "fire pump manufacturer's authorized representative". Makes other changes. Effective immediately. Effective immediately.
LRB101 19105 SPS 68566 b

A BILL FOR

HB5511LRB101 19105 SPS 68566 b
1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Fire Sprinkler Contractor Licensing Act is
5amended by changing Sections 5, 10, 20, 30, and 35 as follows:
6 (225 ILCS 317/5)
7 Sec. 5. Legislative intent. It is declared that within the
8State of Illinois there are, and may continue to be, locations
9where the improper installation or repair of fire sprinkler
10systems creates conditions that may adversely affect the public
11health and general welfare. Therefore, the purpose of this Act
12is to protect, promote, and preserve the public health and
13general welfare by providing for the establishment of minimum
14standards for licensure of fire sprinkler installation
15contractors and fire pump manufacturer's authorized
16representatives.
17(Source: P.A. 92-871, eff. 1-3-03.)
18 (225 ILCS 317/10)
19 Sec. 10. Definitions. As used in this Act, unless the
20context otherwise requires:
21 "Designated certified person" means an individual who has
22met the qualifications set forth under Section 20 of this Act.

HB5511- 2 -LRB101 19105 SPS 68566 b
1 "Fire protection system layout documents" means layout
2drawings, catalog information on standard products, and other
3construction data that provide detail on the location of
4risers, cross mains, branch lines, sprinklers, piping per
5applicable standard, and hanger locations. "Fire protection
6system layout documents" serve as a guide for fabrication and
7installation of a fire sprinkler system and shall be based upon
8applicable standards pursuant to Section 30 of this Act.
9 "Fire pump manufacturer's authorized representative" means
10a person who is certified by the fire pump equipment
11manufacturer and holds himself or herself out to be in the
12business of or contracts with a person to perform inspection,
13testing, and maintenance on fire pump systems, including the
14pump, driver, controller, and related components.
15 "Fire sprinkler contractor" means a person who holds
16himself or herself out to be in the business of or contracts
17with a person to install or repair a fire sprinkler system.
18 "Fire sprinkler system" means any water-based automatic
19fire extinguishing system employing fire sprinklers, including
20accessory fire pumps and associated piping, fire standpipes, or
21underground fire main systems starting at the connection to the
22water service after the approved backflow device is installed
23under the requirements of the Illinois Plumbing Code and ending
24at the most remote fire sprinkler. "Fire sprinkler system"
25includes but is not limited to a fire sprinkler system in a
26residential, commercial, institutional, educational, public,

HB5511- 3 -LRB101 19105 SPS 68566 b
1or private occupancy. "Fire sprinkler system" does not include
2single sprinkler heads that are in a loop of the potable water
3system, as referenced in 77 Ill. Adm. Code 890.1130 and
4890.1200.
5 "Licensee" means a person or business organization
6licensed in accordance with this Act.
7 "NICET" means the National Institute for Certification in
8Engineering Technologies.
9 "Person" means an individual, group of individuals,
10association, trust, partnership, corporation, person doing
11business under an assumed name, the State of Illinois, or
12department thereof, any other state-owned and operated
13institution, or any other entity.
14 "Supervision" means the direction and management by a
15designated certified person of the activities of non-certified
16personnel in the installation or repair of fire sprinkler
17systems.
18(Source: P.A. 94-367, eff. 1-1-06.)
19 (225 ILCS 317/20)
20 Sec. 20. Designated certified person requirements.
21 (a) A designated certified person must either be a current
22Illinois licensed professional engineer, or hold a valid NICET
23level 3 or higher certification in "fire protection technology,
24automatic sprinkler system layout", or have been trained by the
25fire pump equipment manufacturer and is deemed to be a fire

HB5511- 4 -LRB101 19105 SPS 68566 b
1pump manufacturer's authorized representative.
2 (b) At least one member of every firm, association, or
3partnership and at least one corporate officer of every
4corporation engaged in the installation and repair of fire
5sprinkler systems must be a designated certified person.
6 (c) A designated certified person must be employed by the
7licensee at a business location with a valid license.
8 (d) A designated certified person must perform his or her
9normal duties at a business location with a valid license.
10 (e) A designated certified person may only be the
11designated certified person for one business location and one
12business entity.
13 (f) A designated certified person must be directly involved
14in supervision. The designated certified person does not,
15however, have to be at the site of the installation or repair
16of the fire sprinkler system at all times.
17(Source: P.A. 92-871, eff. 1-3-03.)
18 (225 ILCS 317/30)
19 (Text of Section before amendment by P.A. 101-626)
20 Sec. 30. Requirements for the installation, repair,
21inspection, and testing of fire protection systems.
22 (a) Equipment shall be listed by a nationally recognized
23testing laboratory, such as Underwriters Laboratories, Inc. or
24Factory Mutual Laboratories, Inc., or shall comply with
25nationally accepted standards. The State Fire Marshal shall

HB5511- 5 -LRB101 19105 SPS 68566 b
1adopt by rule procedures for determining whether a laboratory
2is nationally recognized, taking into account the laboratory's
3facilities, procedures, use of nationally recognized
4standards, and any other criteria reasonably calculated to
5reach an informed determination.
6 (b) Equipment shall be installed in accordance with the
7applicable standards of the National Fire Protection
8Association and the manufacturer's specifications.
9 (c) The contractor shall furnish the user with operating
10instructions for all equipment installed, together with a
11diagram of the final installation.
12 (d) All fire sprinkler systems shall have a backflow
13prevention device or, in a municipality with a population over
14500,000, a double detector check assembly installed by a
15licensed plumber before the fire sprinkler system connection to
16the water service. Connection to the backflow prevention device
17or, in a municipality with a population over 500,000, a double
18detector assembly shall be done in a manner consistent with the
19Department of Public Health's Plumbing Code.
20 (e) This licensing Act is not intended to require any
21additional fire inspections at State level.
22 (f) Inspections and testing of existing fire sprinkler
23systems and control equipment must be performed by a licensee
24or an individual employed or contracted by a licensee. Any
25individual who performs inspection and testing duties under
26this subsection (f) must possess proof of (i) certification by

HB5511- 6 -LRB101 19105 SPS 68566 b
1a nationally recognized certification organization at an
2appropriate level, such as NICET Level II in Inspection and
3Testing of Water Based Systems or the equivalent, by January 1,
42009, (ii) certification by a nationally recognized fire pump
5manufacturer, or (iii) (ii) satisfactory completion of a
6certified sprinkler fitter apprenticeship program approved by
7the U.S. Department of Labor. State employees who perform
8inspections and testing on behalf of State institutions and who
9meet all other requirements of this subsection (f) need not be
10licensed under this Act or employed by a licensee under this
11Act in order to perform inspection and testing duties under
12this subsection (f). The requirements of this subsection (f) do
13not apply to individuals performing inspections or testing of
14fire sprinkler systems on behalf of a municipality, a county, a
15fire protection district, or the Office of the State Fire
16Marshal. This subsection (f) does not apply to cursory weekly
17and monthly inspections of gauges and control valves conducted
18in accordance with the standards of the National Fire
19Protection Association.
20 A copy of the inspection report for an inspection performed
21pursuant to this subsection (f) must be forwarded by the entity
22performing the inspection to the local fire department or fire
23protection district in which the sprinkler system is located.
24The inspection report must include the NICET Level II
25Inspection and Testing of Water Based Systems certification
26number or journeymen number of the person performing the

HB5511- 7 -LRB101 19105 SPS 68566 b
1inspection, or certificate from a nationally recognized fire
2pump manufacturer.
3(Source: P.A. 96-256, eff. 1-1-10; 97-112, eff. 7-14-11.)
4 (Text of Section after amendment by P.A. 101-626)
5 Sec. 30. Requirements for the installation, repair,
6inspection, and testing of fire protection systems.
7 (a) Equipment shall be listed by a nationally recognized
8testing laboratory, such as Underwriters Laboratories, Inc. or
9Factory Mutual Laboratories, Inc., or shall comply with
10nationally accepted standards. The State Fire Marshal shall
11adopt by rule procedures for determining whether a laboratory
12is nationally recognized, taking into account the laboratory's
13facilities, procedures, use of nationally recognized
14standards, and any other criteria reasonably calculated to
15reach an informed determination.
16 (b) Equipment shall be installed in accordance with the
17applicable standards of the National Fire Protection
18Association and the manufacturer's specifications.
19 (c) The contractor shall furnish the user with operating
20instructions for all equipment installed, together with a
21diagram of the final installation.
22 (d) All fire sprinkler systems shall have a backflow
23prevention device or, in a municipality with a population over
24500,000, a double detector check assembly installed by a
25licensed plumber before the fire sprinkler system connection to

HB5511- 8 -LRB101 19105 SPS 68566 b
1the water service. Connection to the backflow prevention device
2or, in a municipality with a population over 500,000, a double
3detector assembly shall be done in a manner consistent with the
4Department of Public Health's Plumbing Code.
5 (e) This licensing Act is not intended to require any
6additional fire inspections at State level.
7 (f) Before January 1, 2022, inspection and testing of
8existing fire sprinkler systems and control equipment must be
9performed by a licensee or an individual employed or contracted
10by a licensee. Any individual who performs inspection and
11testing duties under this subsection (f) must possess proof of
12(i) certification by a nationally recognized certification
13organization at an appropriate level, such as NICET Level II in
14Inspection and Testing of Water Based Systems or the
15equivalent, (ii) a valid ASSE 15010 certification in
16"inspection, testing and maintenance for water-based fire
17protection systems", or (iii) satisfactory completion of a
18certified sprinkler fitter apprenticeship program approved by
19the U.S. Department of Labor. State employees who perform
20inspections and testing on behalf of State institutions and who
21meet all other requirements of this subsection (f) need not be
22licensed under this Act or employed by a licensee under this
23Act in order to perform inspection and testing duties under
24this subsection (f). The requirements of this subsection (f) do
25not apply to individuals performing inspections or testing of
26fire sprinkler systems on behalf of a municipality, a county, a

HB5511- 9 -LRB101 19105 SPS 68566 b
1fire protection district, or the Office of the State Fire
2Marshal. This subsection (f) does not apply to a stationary
3engineer, operating engineer, or other individual employed on a
4full-time basis by the facility owner or owner's representative
5performing weekly and monthly inspections and tests in
6accordance with applicable National Fire Protection
7Association standards.
8 Before January 1, 2022, a copy of the inspection report for
9an inspection performed pursuant to this subsection (f) must be
10forwarded by the entity performing the inspection to the local
11fire department or fire protection district in which the
12sprinkler system is located. The inspection report must include
13the NICET Level II Inspection and Testing of Water Based
14Systems certification number, ASSE 15010 certification number
15for "inspection, testing and maintenance for water-based fire
16protection systems", or journeymen number of the person
17performing the inspection.
18 After December 31, 2021, inspection and testing of existing
19fire sprinkler systems and control equipment must be performed
20by a licensee or an individual employed or contracted by a
21licensee. Any individual who performs inspection and testing
22duties under this subsection (f) must possess proof of (i)
23certification by a nationally recognized certification
24organization at an appropriate level, such as NICET Level III
25in Inspection and Testing of Water Based Systems or the
26equivalent, (ii) a valid ASSE 15010 certification in

HB5511- 10 -LRB101 19105 SPS 68566 b
1"inspection, testing and maintenance for water-based fire
2protection systems", (iii) certification by a nationally
3recognized fire pump manufacturer, or (iv) (iii) satisfactory
4completion of a certified sprinkler fitter apprenticeship
5program approved by the United States Department of Labor.
6State employees who perform inspections and testing on behalf
7of State institutions and who meet all other requirements of
8this subsection (f) need not be licensed under this Act or
9employed by a licensee under this Act in order to perform
10inspection and testing duties under this subsection (f). The
11requirements of this subsection (f) do not apply to individuals
12performing inspections or testing of fire sprinkler systems on
13behalf of a municipality, a county, a fire protection district,
14or the Office of the State Fire Marshal. This subsection (f)
15does not apply to a stationary engineer, operating engineer, or
16other individual employed on a full-time basis by the facility
17owner or owner's representative performing weekly and monthly
18inspections and tests in accordance with applicable National
19Fire Protection Association standards.
20 After December 31, 2021, a copy of the inspection report
21for an inspection performed pursuant to this subsection (f)
22must be forwarded by the entity performing the inspection to
23the local fire department or fire protection district in which
24the sprinkler system is located. The inspection report must
25include the NICET Level III Inspection and Testing of Water
26Based Systems certification number, ASSE 15010 certification

HB5511- 11 -LRB101 19105 SPS 68566 b
1number for "inspection, testing and maintenance for
2water-based fire protection systems", or journeymen number of
3the person performing the inspection, or certificate from a
4nationally recognized fire pump manufacturer.
5(Source: P.A. 101-626, eff. 6-1-20.)
6 (225 ILCS 317/35)
7 Sec. 35. Fees, renewals, continuing education, and
8required insurance.
9 (a) The fees for an original license and each renewal and
10for duplicate copies of licenses shall be determined by the
11State Fire Marshal by rule.
12 (b) Each license must be renewed every 2 years. Each
13licensee must complete 16 hours of continuing education in the
142-year period following his or her renewal or initial licensure
15after the effective date of this amendatory Act of the 97th
16General Assembly. Current licensure as a professional
17engineer, certification by a nationally recognized fire pump
18manufacturer, or proof of current NICET certification in Level
19III or IV shall satisfy this requirement for designated
20certified persons. Continuing education offered through
21nationally recognized building and fire code organizations and
22their affiliates; nationally recognized fire sprinkler
23organizations and their affiliates; institutions of higher
24education; educational bodies specializing in automatic fire
25suppression system technology; fire pump equipment

HB5511- 12 -LRB101 19105 SPS 68566 b
1manufacturers; as well as other entities approved by the State
2Fire Marshal shall be also acceptable. All continuing education
3entities seeking to be approved providers of continuing
4education shall make application to the State Fire Marshal and
5offer 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 sprinkler
9 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
14the date of expiration of a license shall be assessed a late
15filing charge, which shall be determined by the State Fire
16Marshal by rule.
17 (d) All fees shall be paid by check or money order. Any fee
18required by this Act is not refundable in the event that the
19original application or application for renewal is denied.
20 (e) Every application for an original license shall be
21accompanied by a certificate of insurance issued by an
22insurance company authorized to do business in the State of
23Illinois or by a risk retention or purchasing group formed
24pursuant to the federal Liability Risk Retention Act of 1986,
25which provides primary, first dollar public liability coverage
26of the applicant or licensee for personal injuries for not less

HB5511- 13 -LRB101 19105 SPS 68566 b
1than $500,000 per person or $1,000,000 per occurrence, and, in
2addition, for not less than $1,000,000 per occurrence for
3property damage. The insurance policy shall be in effect at all
4times during the license year and a new certificate of
5insurance shall be filed with the State Fire Marshal within 30
6days after the renewal of the insurance policy.
7(Source: P.A. 97-112, eff. 7-14-11.)
8 Section 95. No acceleration or delay. Where this Act makes
9changes in a statute that is represented in this Act by text
10that is not yet or no longer in effect (for example, a Section
11represented by multiple versions), the use of that text does
12not accelerate or delay the taking effect of (i) the changes
13made by this Act or (ii) provisions derived from any other
14Public Act.
15 Section 99. Effective date. This Act takes effect upon
16becoming law.
feedback