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
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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, 20, 30, and 35 as follows:
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6 | (225 ILCS 317/5)
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7 | Sec. 5. Legislative intent. It is declared that within the | |||||||||||||||||||||||||||
8 | State of
Illinois there are, and
may continue to be, locations | |||||||||||||||||||||||||||
9 | where the improper installation or repair of fire
sprinkler | |||||||||||||||||||||||||||
10 | systems
creates conditions that may adversely affect the public | |||||||||||||||||||||||||||
11 | health and general
welfare. Therefore, the
purpose of this Act | |||||||||||||||||||||||||||
12 | is to protect, promote, and preserve the public health and
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13 | general welfare by
providing for the establishment of minimum | |||||||||||||||||||||||||||
14 | standards for licensure of fire
sprinkler installation
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15 | contractors and fire pump manufacturer's authorized | |||||||||||||||||||||||||||
16 | representatives .
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17 | (Source: P.A. 92-871, eff. 1-3-03.)
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18 | (225 ILCS 317/10)
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19 | Sec. 10. Definitions. As used in this Act, unless the | |||||||||||||||||||||||||||
20 | context otherwise
requires:
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21 | "Designated certified person" means an individual who has | |||||||||||||||||||||||||||
22 | met the
qualifications set forth
under Section 20 of this Act.
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1 | "Fire protection system layout documents" means layout | ||||||
2 | drawings, catalog information on standard products, and other | ||||||
3 | construction data that provide detail on the location of | ||||||
4 | risers, cross mains, branch lines, sprinklers, piping per | ||||||
5 | applicable standard, and hanger locations. "Fire protection | ||||||
6 | system layout documents" serve as a guide for fabrication and | ||||||
7 | installation of a fire sprinkler system and shall be based upon | ||||||
8 | applicable standards pursuant to Section 30 of this Act.
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9 | "Fire pump manufacturer's authorized representative" means | ||||||
10 | a person who is certified by the fire pump equipment | ||||||
11 | manufacturer and holds himself or herself out to be in the | ||||||
12 | business of or contracts with a person to perform inspection, | ||||||
13 | testing, and maintenance on fire pump systems, including the | ||||||
14 | pump, driver, controller, and related components. | ||||||
15 | "Fire sprinkler contractor" means a person who holds | ||||||
16 | himself or herself out
to
be in the
business of or contracts | ||||||
17 | with a person to install or repair a fire sprinkler
system.
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18 | "Fire sprinkler system" means any water-based automatic | ||||||
19 | fire extinguishing
system employing
fire sprinklers, including | ||||||
20 | accessory fire pumps and associated piping, fire
standpipes, or
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21 | underground fire main systems starting at the
connection to the | ||||||
22 | water service after the approved backflow
device
is installed | ||||||
23 | under the requirements of the Illinois Plumbing Code and ending | ||||||
24 | at
the most
remote fire sprinkler. "Fire sprinkler system" | ||||||
25 | includes but is not
limited to a fire sprinkler
system in a | ||||||
26 | residential, commercial, institutional, educational, public, |
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1 | or
private occupancy.
"Fire sprinkler system" does not include | ||||||
2 | single sprinkler heads that are in
a loop of the potable water | ||||||
3 | system, as referenced in 77 Ill. Adm. Code 890.1130
and | ||||||
4 | 890.1200.
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5 | "Licensee" means a person or business organization | ||||||
6 | licensed in accordance
with this Act.
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7 | "NICET" means the National Institute for Certification in | ||||||
8 | Engineering
Technologies.
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9 | "Person" means an individual, group of individuals, | ||||||
10 | association, trust,
partnership,
corporation, person doing | ||||||
11 | business under an assumed name, the State of
Illinois, or | ||||||
12 | department
thereof, any other state-owned and operated | ||||||
13 | institution, or any other entity.
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14 | "Supervision" means the direction and management by a | ||||||
15 | designated certified
person of the
activities of non-certified | ||||||
16 | personnel in the installation or repair of fire
sprinkler | ||||||
17 | systems.
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18 | (Source: P.A. 94-367, eff. 1-1-06.)
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19 | (225 ILCS 317/20)
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20 | Sec. 20. Designated certified person requirements.
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21 | (a) A designated certified person must either be a current | ||||||
22 | Illinois licensed
professional
engineer , or hold a valid NICET | ||||||
23 | level 3 or higher certification in "fire
protection technology,
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24 | automatic sprinkler system layout" , or have been trained by the | ||||||
25 | fire pump equipment manufacturer and is deemed to be a fire |
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1 | pump manufacturer's authorized representative .
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2 | (b) At least one member of every firm, association, or | ||||||
3 | partnership and at
least one
corporate officer of every | ||||||
4 | corporation engaged in the installation and repair
of fire
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5 | sprinkler systems must be a designated certified person.
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6 | (c) A designated certified person must be employed by the | ||||||
7 | licensee at a
business location with
a valid license.
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8 | (d) A designated certified person must perform his or her | ||||||
9 | normal duties at a
business location with
a valid license.
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10 | (e) A designated certified person may only be the | ||||||
11 | designated certified
person for one business
location and one | ||||||
12 | business entity.
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13 | (f) A designated certified person must be directly involved | ||||||
14 | in supervision.
The designated certified person does not, | ||||||
15 | however, have to be at the site of
the
installation or repair | ||||||
16 | of the fire sprinkler system at all times.
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17 | (Source: P.A. 92-871, eff. 1-3-03.)
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18 | (225 ILCS 317/30)
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19 | (Text of Section before amendment by P.A. 101-626 )
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20 | Sec. 30. Requirements for the installation, repair, | ||||||
21 | inspection, and testing of fire protection
systems. | ||||||
22 | (a) Equipment shall be listed by a nationally recognized | ||||||
23 | testing laboratory,
such as
Underwriters Laboratories, Inc. or | ||||||
24 | Factory Mutual Laboratories, Inc., or shall
comply with | ||||||
25 | nationally
accepted standards. The State Fire Marshal shall |
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1 | adopt by rule procedures for
determining
whether a laboratory | ||||||
2 | is
nationally recognized, taking into account the laboratory's | ||||||
3 | facilities,
procedures, use of nationally
recognized | ||||||
4 | standards, and any other criteria reasonably calculated to | ||||||
5 | reach an
informed
determination.
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6 | (b) Equipment shall be installed in accordance with the | ||||||
7 | applicable standards
of the National
Fire Protection | ||||||
8 | Association and the manufacturer's specifications.
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9 | (c) The contractor shall furnish the user with operating | ||||||
10 | instructions for
all equipment
installed, together with a | ||||||
11 | diagram of the final installation.
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12 | (d) All fire sprinkler systems shall have a backflow | ||||||
13 | prevention device or,
in a municipality with a population over | ||||||
14 | 500,000, a double detector check
assembly installed by a | ||||||
15 | licensed plumber before the fire sprinkler system
connection to | ||||||
16 | the water service. Connection to the backflow prevention device
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17 | or, in a municipality with a population over 500,000, a double | ||||||
18 | detector
assembly shall be done in a manner consistent with the | ||||||
19 | Department of Public
Health's Plumbing Code.
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20 | (e) This licensing Act is not intended to require any | ||||||
21 | additional fire
inspections at State level.
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22 | (f) Inspections and testing of existing fire sprinkler | ||||||
23 | systems and control equipment must be performed by a licensee | ||||||
24 | or an individual employed or contracted by a licensee. Any | ||||||
25 | individual who performs inspection and testing duties under | ||||||
26 | this subsection (f) must possess proof of (i) certification by |
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1 | a nationally recognized certification organization at an | ||||||
2 | appropriate level, such as NICET Level II in Inspection and | ||||||
3 | Testing of Water Based Systems or the equivalent, by January 1, | ||||||
4 | 2009 , (ii) certification by a nationally recognized fire pump | ||||||
5 | manufacturer, or (iii) (ii) satisfactory completion of a | ||||||
6 | certified sprinkler fitter apprenticeship program approved by | ||||||
7 | the U.S. Department of Labor. State employees who perform | ||||||
8 | inspections and testing on behalf of State institutions and who | ||||||
9 | meet all other requirements of this subsection (f) need not be | ||||||
10 | licensed under this Act or employed by a licensee under this | ||||||
11 | Act in order to perform inspection and testing duties under | ||||||
12 | this subsection (f). The requirements of this subsection (f) do | ||||||
13 | not apply to individuals performing inspections or testing of | ||||||
14 | fire sprinkler systems on behalf of a municipality, a county, a | ||||||
15 | fire protection district, or the Office of the State Fire | ||||||
16 | Marshal. This subsection (f) does not apply to cursory
weekly | ||||||
17 | and monthly inspections of gauges and control valves conducted | ||||||
18 | in
accordance with the standards of the National Fire | ||||||
19 | Protection Association.
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20 | A copy of the inspection report for an inspection performed | ||||||
21 | pursuant to this subsection (f) must be forwarded by the entity | ||||||
22 | performing the inspection to the local fire department or fire | ||||||
23 | protection district in which the sprinkler system is located. | ||||||
24 | The inspection report must include the NICET Level II | ||||||
25 | Inspection and Testing of Water Based Systems certification | ||||||
26 | number or journeymen number of the person performing the |
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1 | inspection , or certificate from a nationally recognized fire | ||||||
2 | pump manufacturer . | ||||||
3 | (Source: P.A. 96-256, eff. 1-1-10; 97-112, eff. 7-14-11.)
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4 | (Text of Section after amendment by P.A. 101-626 )
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5 | Sec. 30. Requirements for the installation, repair, | ||||||
6 | inspection, and testing of fire protection
systems. | ||||||
7 | (a) Equipment shall be listed by a nationally recognized | ||||||
8 | testing laboratory,
such as
Underwriters Laboratories, Inc. or | ||||||
9 | Factory Mutual Laboratories, Inc., or shall
comply with | ||||||
10 | nationally
accepted standards. The State Fire Marshal shall | ||||||
11 | adopt by rule procedures for
determining
whether a laboratory | ||||||
12 | is
nationally recognized, taking into account the laboratory's | ||||||
13 | facilities,
procedures, use of nationally
recognized | ||||||
14 | standards, and any other criteria reasonably calculated to | ||||||
15 | reach an
informed
determination.
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16 | (b) Equipment shall be installed in accordance with the | ||||||
17 | applicable standards
of the National
Fire Protection | ||||||
18 | Association and the manufacturer's specifications.
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19 | (c) The contractor shall furnish the user with operating | ||||||
20 | instructions for
all equipment
installed, together with a | ||||||
21 | diagram of the final installation.
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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 to |
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1 | the water service. Connection to the backflow prevention device
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2 | or, in a municipality with a population over 500,000, a double | ||||||
3 | detector
assembly shall be done in a manner consistent with the | ||||||
4 | Department of Public
Health's Plumbing Code.
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5 | (e) This licensing Act is not intended to require any | ||||||
6 | additional fire
inspections at State level.
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7 | (f) Before January 1, 2022, inspection and testing of | ||||||
8 | existing fire sprinkler systems and control equipment must be | ||||||
9 | performed by a licensee or an individual employed or contracted | ||||||
10 | by a licensee. Any individual who performs inspection and | ||||||
11 | testing duties under this subsection (f) must possess proof of | ||||||
12 | (i) certification by a nationally recognized certification | ||||||
13 | organization at an appropriate level, such as NICET Level II in | ||||||
14 | Inspection and Testing of Water Based Systems or the | ||||||
15 | equivalent, (ii) a valid ASSE 15010 certification in | ||||||
16 | "inspection, testing and maintenance for water-based fire | ||||||
17 | protection systems", or (iii) satisfactory completion of a | ||||||
18 | certified sprinkler fitter apprenticeship program approved by | ||||||
19 | the U.S. Department of Labor. State employees who perform | ||||||
20 | inspections and testing on behalf of State institutions and who | ||||||
21 | meet all other requirements of this subsection (f) need not be | ||||||
22 | licensed under this Act or employed by a licensee under this | ||||||
23 | Act in order to perform inspection and testing duties under | ||||||
24 | this subsection (f). The requirements of this subsection (f) do | ||||||
25 | not apply to individuals performing inspections or testing of | ||||||
26 | fire sprinkler systems on behalf of a municipality, a county, a |
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1 | fire protection district, or the Office of the State Fire | ||||||
2 | Marshal. This subsection (f) does not apply to a stationary | ||||||
3 | engineer, operating engineer, or other individual employed on a | ||||||
4 | full-time basis by the facility owner or owner's representative | ||||||
5 | performing
weekly and monthly inspections and tests in
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6 | accordance with applicable National Fire Protection | ||||||
7 | Association standards.
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8 | Before January 1, 2022, a copy of the inspection report for | ||||||
9 | an inspection performed pursuant to this subsection (f) must be | ||||||
10 | forwarded by the entity performing the inspection to the local | ||||||
11 | fire department or fire protection district in which the | ||||||
12 | sprinkler system is located. The inspection report must include | ||||||
13 | the NICET Level II Inspection and Testing of Water Based | ||||||
14 | Systems certification number, ASSE 15010 certification number | ||||||
15 | for "inspection, testing and maintenance for water-based fire | ||||||
16 | protection systems", or journeymen number of the person | ||||||
17 | performing the inspection. | ||||||
18 | After December 31, 2021, inspection and testing of existing | ||||||
19 | fire sprinkler systems and control equipment must be performed | ||||||
20 | by a licensee or an individual employed or contracted by a | ||||||
21 | licensee. Any individual who performs inspection and testing | ||||||
22 | duties under this subsection (f) must possess proof of (i) | ||||||
23 | certification by a nationally recognized certification | ||||||
24 | organization at an appropriate level, such as NICET Level III | ||||||
25 | in Inspection and Testing of Water Based Systems or the | ||||||
26 | equivalent, (ii) a valid ASSE 15010 certification in |
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1 | "inspection, testing and maintenance for water-based fire | ||||||
2 | protection systems", (iii) certification by a nationally | ||||||
3 | recognized fire pump manufacturer, or (iv) (iii) satisfactory | ||||||
4 | completion of a certified sprinkler fitter apprenticeship | ||||||
5 | program approved by the United States Department of Labor. | ||||||
6 | State employees who perform inspections and testing on behalf | ||||||
7 | of State institutions and who meet all other requirements of | ||||||
8 | this subsection (f) need not be licensed under this Act or | ||||||
9 | employed by a licensee under this Act in order to perform | ||||||
10 | inspection and testing duties under this subsection (f). The | ||||||
11 | requirements of this subsection (f) do not apply to individuals | ||||||
12 | performing inspections or testing of fire sprinkler systems on | ||||||
13 | behalf of a municipality, a county, a fire protection district, | ||||||
14 | or the Office of the State Fire Marshal. This subsection (f) | ||||||
15 | does not apply to a stationary engineer, operating engineer, or | ||||||
16 | other individual employed on a full-time basis by the facility | ||||||
17 | owner or owner's representative performing
weekly and monthly | ||||||
18 | inspections and tests in
accordance with applicable National | ||||||
19 | Fire Protection Association standards. | ||||||
20 | After December 31, 2021, a copy of the inspection report | ||||||
21 | for an inspection performed pursuant to this subsection (f) | ||||||
22 | must be forwarded by the entity performing the inspection to | ||||||
23 | the local fire department or fire protection district in which | ||||||
24 | the sprinkler system is located. The inspection report must | ||||||
25 | include the NICET Level III Inspection and Testing of Water | ||||||
26 | Based Systems certification number, ASSE 15010 certification |
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1 | number for "inspection, testing and maintenance for | ||||||
2 | water-based fire protection systems", or journeymen number of | ||||||
3 | the person performing the inspection , or certificate from a | ||||||
4 | nationally recognized fire pump manufacturer . | ||||||
5 | (Source: P.A. 101-626, eff. 6-1-20.)
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6 | (225 ILCS 317/35)
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7 | Sec. 35. Fees, renewals, continuing education, and | ||||||
8 | required insurance.
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9 | (a) The fees for an original license and each renewal and | ||||||
10 | for duplicate
copies of licenses
shall be determined by the | ||||||
11 | State Fire Marshal by rule.
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12 | (b) Each license must be renewed every 2 years. Each | ||||||
13 | licensee must complete 16 hours of continuing education in the | ||||||
14 | 2-year period following his or her renewal or initial licensure | ||||||
15 | after the effective date of this amendatory Act of the 97th | ||||||
16 | General Assembly. Current licensure as a professional | ||||||
17 | engineer , certification by a nationally recognized fire pump | ||||||
18 | manufacturer, or proof of current NICET certification in Level | ||||||
19 | III or IV shall satisfy this requirement for designated | ||||||
20 | certified persons. Continuing education offered through | ||||||
21 | nationally recognized building and fire code organizations and | ||||||
22 | their affiliates; nationally recognized fire sprinkler | ||||||
23 | organizations and their affiliates; institutions of higher | ||||||
24 | education; educational bodies specializing in automatic fire | ||||||
25 | suppression system technology; fire pump equipment |
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1 | manufacturers; as well as other entities approved by the State | ||||||
2 | Fire Marshal shall be also acceptable. All continuing education | ||||||
3 | entities seeking to be approved providers of continuing | ||||||
4 | education shall make application to the State Fire Marshal and | ||||||
5 | 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 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 | ||||||
14 | the date of
expiration of a license
shall be assessed a late | ||||||
15 | filing charge, which shall be determined by the State
Fire | ||||||
16 | Marshal by rule.
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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 | original application or application for
renewal is denied.
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20 | (e) Every application for an original license shall be | ||||||
21 | accompanied by a
certificate of
insurance issued by an | ||||||
22 | insurance company authorized to do business in the State
of | ||||||
23 | Illinois or by a
risk retention or purchasing group formed | ||||||
24 | pursuant to the federal Liability
Risk Retention Act of
1986, | ||||||
25 | which provides primary, first dollar public liability coverage | ||||||
26 | of the
applicant or licensee for
personal injuries for not less |
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1 | than $500,000 per person or $1,000,000 per
occurrence, and, in
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2 | addition, for not less than $1,000,000 per occurrence for | ||||||
3 | property damage. The
insurance policy shall
be in effect at all | ||||||
4 | times during the license year and a new certificate of | ||||||
5 | insurance shall be filed
with the State Fire Marshal within 30 | ||||||
6 | days after the renewal of the insurance
policy.
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7 | (Source: P.A. 97-112, eff. 7-14-11.)
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8 | Section 95. No acceleration or delay. Where this Act makes | ||||||
9 | changes in a statute that is represented in this Act by text | ||||||
10 | that is not yet or no longer in effect (for example, a Section | ||||||
11 | represented by multiple versions), the use of that text does | ||||||
12 | not accelerate or delay the taking effect of (i) the changes | ||||||
13 | made by this Act or (ii) provisions derived from any other | ||||||
14 | Public Act.
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15 | Section 99. Effective date. This Act takes effect upon | ||||||
16 | becoming law.
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