Bill Text: IL SB2596 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Fire Sprinkler Contractor Licensing Act. Provides licensure requirements and licensure scope for fire pump testing contractors. Provides that certificates for factory certified pump testing personnel shall be kept on file by all fire pump testing licensees. Provides requirements for a designated certified person. Provides requirements for inspecting and testing fire sprinkler systems or fire pumps. Provides that an inspection report for fire pump testing must include a NICET Level III (rather than Level II) Inspection and Testing of Water Based Systems certification number, a journeymen number of the person performing the inspection, or the name of the person who has received factory certified training for fire pump and jockey pump equipment. Provides renewal and continuing education requirements for fire pump testing contractor licenses. Provides that a person or business that currently has a responsible managing employee is exempt from having a designated certified person for a period not to exceed 5 years from the most recent license renewal. Makes other changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-09 - Session Sine Die [SB2596 Detail]

Download: Illinois-2017-SB2596-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 SB2596 Introduced 2/7/2018, by Sen. Martin A. Sandoval SYNOPSIS AS INTRODUCED:
225 ILCS 317/5
225 ILCS 317/10
225 ILCS 317/12
225 ILCS 317/15
225 ILCS 317/20
225 ILCS 317/30
225 ILCS 317/35
225 ILCS 317/120
Amends the Fire Sprinkler Contractor Licensing Act. Provides licensure requirements and licensure scope for fire pump testing contractors. Provides that certificates for factory certified pump testing personnel shall be kept on file by all fire pump testing licensees. Provides requirements for a designated certified person. Provides requirements for inspecting and testing fire sprinkler systems or fire pumps. Provides that an inspection report for fire pump testing must include a NICET Level III (rather than Level II) Inspection and Testing of Water Based Systems certification number, a journeymen number of the person performing the inspection, or the name of the person who has received factory certified training for fire pump and jockey pump equipment. Provides renewal and continuing education requirements for fire pump testing contractor licenses. Provides that a person or business that currently has a responsible managing employee is exempt from having a designated certified person for a period not to exceed 5 years from the most recent license renewal. Makes other changes.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Fire Sprinkler Contractor Licensing Act is
amended by changing Sections 5, 10, 12, 15, 20, 30, 35, and 120
as follows:
(225 ILCS 317/5)
Sec. 5. Legislative intent. It is declared that within the
State of Illinois there are, and may continue to be, locations
where the improper installation or repair of fire sprinkler
systems creates conditions that may adversely affect the public
health and general welfare. Therefore, the purpose of this Act
is to protect, promote, and preserve the public health and
general welfare by providing for the establishment of minimum
standards for licensure of fire sprinkler installation
contractors and fire pump testing contractors.
(Source: P.A. 92-871, eff. 1-3-03.)
(225 ILCS 317/10)
Sec. 10. Definitions. As used in this Act, unless the
context otherwise requires:
"Designated certified person" means an individual who has
met the qualifications set forth under Section 20 of this Act.

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"Fire protection system layout documents" means layout
drawings, catalog information on standard products, and other
construction data that provide detail on the location of
risers, cross mains, branch lines, sprinklers, piping per
applicable standard, and hanger locations. "Fire protection
system layout documents" serve as a guide for fabrication and
installation of a fire sprinkler system and shall be based upon
applicable standards pursuant to Section 30 of this Act.
"Fire pump testing contractor" means a person who holds
himself or herself out to be in the business of testing,
repair, or service of fire pumps, jockey pumps, and their
associated specialty equipment unique to the fire pump and
jockey pump assembly, drivers, and their controllers only.
"Fire sprinkler contractor" means a person who holds
himself or herself out to be in the business of or contracts
with a person to inspect, test, maintain, evaluate, install, or
repair all aspects of all a fire sprinkler systems, including
fire pumps system.
"Fire sprinkler system" means any water-based automatic
fire extinguishing system employing fire sprinklers, including
accessory fire pumps and associated piping, fire standpipes, or
underground fire main systems starting at the connection to the
water service after the approved backflow device is installed
under the requirements of the Illinois Plumbing Code and ending
at the most remote fire sprinkler. "Fire sprinkler system"
includes but is not limited to a fire sprinkler system in a

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residential, commercial, institutional, educational, public,
or private occupancy. "Fire sprinkler system" does not include
single sprinkler heads that are in a loop of the potable water
system, as referenced in 77 Ill. Adm. Code 890.1130 and
890.1200.
"Licensee" means a person or business organization
licensed in accordance with this Act.
"NICET" means the National Institute for Certification in
Engineering Technologies.
"Person" means an individual, group of individuals,
association, trust, partnership, corporation, person doing
business under an assumed name, the State of Illinois, or
department thereof, any other state-owned and operated
institution, or any other entity.
"Supervision" means the direction and management by a
designated certified person of the activities of non-certified
personnel in the preparation of fire protection system layout
documents and sizing of piping per applicable standards
installation or repair of fire sprinkler systems.
"Factory certified" means trained and certified by a fire
pump, controller, or specialty component manufacturer.
(Source: P.A. 94-367, eff. 1-1-06.)
(225 ILCS 317/12)
Sec. 12. License; enforcement; failure to pay tax. No
person shall act as a fire sprinkler contractor or fire pump

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testing contractor, or advertise or assume to act as such, or
use any title implying that such person is engaged in such
practice or occupation unless licensed by the State Fire
Marshal.
No firm, association, or corporation shall act as an agency
licensed under this Act, or advertise or assume to act as such,
or use any title implying that the firm, association, or
corporation is engaged in such practice, unless licensed by the
State Fire Marshal.
The State Fire Marshal, in the name of the People and
through the Attorney General, the State's Attorney of any
county, any resident of the State, or any legal entity within
the State may apply for injunctive relief in any court to
enjoin any person who has not been issued a license or whose
license has been suspended, revoked, or not renewed from
practicing a licensed activity, and upon the filing of a
verified petition, the court, if satisfied by affidavit or
otherwise, that such person is or has been practicing in
violation of this Act may enter a temporary restraining order
or preliminary injunction, without bond, enjoining the
defendant from such further activity. A copy of the verified
complaint shall be served upon the defendant and the
proceedings shall thereafter be conducted as in other civil
cases. If it is established that the defendant has been or is
practicing in violation of this Act, the court may enter a
judgment perpetually enjoining the defendant from such further

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activity. In case of violation of any injunctive order or
judgment entered under the provisions of this Section, the
court may summarily try and punish the offender for contempt of
court. Such injunctive proceeding shall be in addition to all
penalties and other remedies in this Act.
The State Fire Marshal may refuse to issue a license to, or
may suspend the license of, any person who fails to file a
return, to pay the tax, penalty, or interest shown in a filed
return, or to pay any final assessment of tax, penalty, or
interest, as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied.
(Source: P.A. 92-871, eff. 1-3-03.)
(225 ILCS 317/15)
Sec. 15. Licensing requirements.
(a) It shall be unlawful for any person or business to
engage in, advertise, or hold itself out to be in the business
of installing, or repairing fire sprinkler systems, or testing
fire pumps in this State upon after 6 months after the
effective date of this Act, unless such person or business is
licensed by the State Fire Marshal.
(b) In order to obtain a license, a person or business must
submit an application to the State Fire Marshal, on a form
provided by the State Fire Marshal containing the information
prescribed, along with the application fee.

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(c) A business applying for a license must have a
designated certified person employed at the business location
and the designated certified person shall be identified on the
license application.
(d) A person or business applying for a license must show
proof of having liability and property damage insurance in such
amounts and under such circumstances as may be determined by
the State Fire Marshal. The amount of liability and property
damage insurance, however, shall not be less than the amount
specified in Section 35 of this Act.
(e) A person or business applying for a license must show
proof of having workers' compensation insurance covering its
employees or be approved as a self-insurer of workers'
compensation in accordance with the laws of this State.
(f) A person or business so licensed shall have a separate
license for each business location within the State or outside
the State when the business location is responsible for any
installation or repair of fire sprinkler systems or fire pump
testing performed within the State.
(g) When an individual proposes to do business in her or
his own name, a license, when granted, shall be issued only to
that individual.
(h) If the applicant requesting licensure to engage in
contracting is a business organization, such as a partnership,
corporation, business trust, or other legal entity, the
application shall state the name of the partnership and its

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partners, the name of the corporation and its officers and
directors, the name of the business trust and its trustees, or
the name of such other legal entity and its members and shall
furnish evidence of statutory compliance if a fictitious name
is used. Such application shall also show that the business
entity employs a designated certified person as required under
Section 20. The license, when issued upon application of a
business organization, shall be in the name of the business
organization and the name of the qualifying designated
certified person shall be noted thereon.
(i) The fire pump testing contractor license is strictly
limited to the repair or service of fire pumps, jockey pumps,
and the associated specialty equipment unique to the fire pump
and jockey pump assemblies, both electric and mechanical, but
limited to the fire pump, jockey pump, its driver, and its
controller. The repair, replacement, or service of other
components that are routinely employed in the construction of
sprinkler systems, but may also be present in the fire pump and
jockey pump assemblies or the room in which the fire pump and
jockey pump assemblies are located, are not covered by the pump
testing license. No license is required for a person or
business that is engaged in the installation of fire sprinkler
systems only in single family or multiple family residential
dwellings up to and including 8 family units that do not exceed
2 1/2 stories in height from the lowest grade level.
(j) Certificates for factory certified pump testing

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personnel shall be kept on file by all fire pump testing
contractor licensees.
(k) (j) All fire protection system layout documents of fire
sprinkler systems, as defined in Section 10 of this Act, shall
be prepared by (i) a professional engineer who is licensed
under the Professional Engineering Practice Act of 1989, (ii)
an architect who is licensed under the Illinois Architecture
Practice Act of 1989, or (iii) a holder of a valid NICET Level
III or IV level 3 or 4 certification in fire protection
technology automatic sprinkler system layout who is either
licensed under this Act or exclusively employed by an
organization licensed under this Act.
(Source: P.A. 97-112, eff. 7-14-11.)
(225 ILCS 317/20)
Sec. 20. Designated certified person requirements.
(a) A designated certified person must either be a current
Illinois licensed professional engineer or hold a valid NICET
Level III level 3 or higher certification in "fire protection
technology, automatic sprinkler system layout".
(b) At least one member of every firm, association, or
partnership and at least one corporate officer of every
corporation engaged in the installation and repair of fire
sprinkler systems must be a designated certified person.
(c) A designated certified person must be exclusively
employed by the licensee at a business location with a valid

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license.
(d) A designated certified person must perform his or her
normal duties at a business location with a valid license.
(e) A designated certified person may only be the
designated certified person for one business location and one
business entity.
(f) A designated certified person must be directly involved
in the supervision and preparation of all fire protection
system layout documents and sizing of piping per applicable
standards. The designated certified person does not, however,
have to be at the site of the installation or repair of the
fire sprinkler system at all times.
(g) A designated certified person can only be the
designated certified person for one fire sprinkler contractor.
(h) Fire pump testing contractors shall not be required to
have a designated certified person.
(Source: P.A. 92-871, eff. 1-3-03.)
(225 ILCS 317/30)
Sec. 30. Requirements for the installation, repair,
inspection, fire pump testing, and testing of fire protection
systems.
(a) Equipment shall be listed by a nationally recognized
testing laboratory, such as Underwriters Laboratories, Inc. or
Factory Mutual Laboratories, Inc., or shall comply with
nationally accepted standards. The State Fire Marshal shall

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adopt by rule procedures for determining whether a laboratory
is nationally recognized, taking into account the laboratory's
facilities, procedures, use of nationally recognized
standards, and any other criteria reasonably calculated to
reach an informed determination.
(b) Equipment shall be installed in accordance with the
applicable standards of the National Fire Protection
Association and the manufacturer's specifications.
(c) The contractor shall furnish the user with operating
instructions for all equipment installed, together with a
diagram of the final installation.
(d) All fire sprinkler systems shall have a backflow
prevention device or, in a municipality with a population over
500,000, a double detector check assembly installed by a
licensed plumber before the fire sprinkler system connection to
the water service. Connection to the backflow prevention device
or, in a municipality with a population over 500,000, a double
detector assembly shall be done in a manner consistent with the
Department of Public Health's Plumbing Code.
(e) This licensing Act is not intended to require any
additional fire inspections at State level.
(f) Inspections and testing of existing fire sprinkler
systems and control equipment must be performed by a licensee
or an individual exclusively employed or contracted by a
licensee. Any individual who performs inspection and testing
duties under this subsection (f) must possess proof of (i)

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through December 31, 2020, certification by a nationally
recognized certification organization at an appropriate level,
such as NICET Level II in Inspection and Testing of Water Based
Systems or the equivalent and, beginning January 1, 2021,
certification by a nationally recognized certification
organization at an appropriate level, such as NICET Level III
in Inspection and Testing of Water Based Systems or the
equivalent; , by January 1, 2009 or (ii) satisfactory completion
of a certified sprinkler fitter apprenticeship program
approved by the U.S. Department of Labor. State employees who
perform inspections and testing on behalf of State institutions
and who meet all other requirements of this subsection (f) need
not be licensed under this Act or employed by a licensee under
this Act in order to perform inspection and testing duties
under this subsection (f). The requirements of this subsection
(f) do not apply to individuals performing inspections or
testing of fire sprinkler systems on behalf of a municipality,
a county, a fire protection district, or the Office of the
State Fire Marshal. This subsection (f) does not apply to
cursory weekly and monthly inspections of gauges and control
valves conducted in accordance with the standards of the
National Fire Protection Association.
(g) Fire pump testing (acceptance or annual testing),
specialty repairs to fire pumps, jockey pumps, drivers, and
controllers can be performed by a licensee meeting the
requirements of subsection (f) or by a factory certified

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representative trained in fire pump and jockey pump testing and
repair.
A copy of the inspection report for an inspection performed
pursuant to this subsection (f) and subsection (g) must be
forwarded by the entity performing the inspection to the local
fire department or fire protection district in which the
sprinkler system is located. The inspection report must
include: the (1) NICET Level II Inspection and Testing of Water
Based Systems certification number or NICET Level III
Inspection and Testing of Water Based Systems certification
number, whichever is applicable, or (2) journeymen number of
the person performing the inspection. For fire pump testing
reports, the inspection report must include the requirements
described in items (1) or (2) or the name of the person who has
received factory certified training for fire pump and jockey
pump equipment.
(Source: P.A. 96-256, eff. 1-1-10; 97-112, eff. 7-14-11.)
(225 ILCS 317/35)
Sec. 35. Fees, renewals, continuing education, and
required insurance.
(a) The fees for an original license and each renewal and
for duplicate copies of licenses shall be determined by the
State Fire Marshal by rule.
(b) A fire sprinkler contractor Each license must be
renewed every 2 years. A Each licensee must complete 16 hours

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of continuing education in the 2-year period following his or
her renewal or initial licensure after the effective date of
this amendatory Act of the 97th General Assembly. Current
licensure as a professional engineer or proof of current NICET
certification in Level III or IV shall satisfy this requirement
for designated certified persons.
A fire pump testing contractor license must be renewed
every 2 years. Each licensee must complete 16 hours of
continuing education in the 2-year period following his or her
renewal or initial licensure. Certificates of successful
manufacturer's equipment training equivalent to 16 hours of
continuing education shall satisfy this requirement.
Continuing education offered through nationally recognized
building and fire code organizations and their affiliates;
nationally recognized fire sprinkler organizations and their
affiliates; institutions of higher education; educational
bodies specializing in automatic fire suppression system
technology; fire pump manufacturers; as well as other entities
approved by the State Fire Marshal shall be also acceptable.
All continuing education entities seeking to be approved
providers of continuing education shall make application to the
State Fire Marshal and offer programs that:
(1) contribute to the advancement, extension, or
enhancement of the professional skills or technical
knowledge of the licensee in the practice of fire sprinkler
contracting; and

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(2) are developed and presented by persons with
education or experience in the subject manner of the
program.
(c) Any person who fails to file a renewal application by
the date of expiration of a license shall be assessed a late
filing charge, which shall be determined by the State Fire
Marshal by rule.
(d) All fees shall be paid by check or money order. Any fee
required by this Act is not refundable in the event that the
original application or application for renewal is denied.
(e) Every application for an original license shall be
accompanied by a certificate of insurance issued by an
insurance company authorized to do business in the State of
Illinois or by a risk retention or purchasing group formed
pursuant to the federal Liability Risk Retention Act of 1986,
which provides primary, first dollar public liability coverage
of the applicant or licensee for personal injuries for not less
than $500,000 per person or $1,000,000 per occurrence, and, in
addition, for not less than $1,000,000 per occurrence for
property damage. The insurance policy shall be in effect at all
times during the license year and a new certificate of
insurance shall be filed with the State Fire Marshal within 30
days after the renewal of the insurance policy.
(Source: P.A. 97-112, eff. 7-14-11.)
(225 ILCS 317/120)

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Sec. 120. Grandfather clause. Any person or business that
currently has a responsible managing employee and , as of the
effective date of this Act, is installing or repairing fire
sprinkler systems in the State of Illinois and has a minimum of
3 years of experience in installing or repairing fire sprinkler
systems is exempt from having a designated certified person as
required in Section 20 for a period not to exceed 5 years from
the most recent license renewal. This exemption is terminated
and will not be granted if the business is sold or transferred
to another owner or entity or the business is sold or
transferred to another owner or entity.
No responsible managing employee license will be issued
after the effective date of this amendatory Act of the 100th
General Assembly.
(Source: P.A. 92-871, eff. 1-3-03.)