Bill Text: IL SB3997 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the Fire Sprinkler Contractor Licensing Act. Provides that any individual who performs inspection and testing of existing fire sprinkler systems and control equipment must possess a photo identification card issued by the State Fire Marshal as proof that the individual is in compliance with the Act. Provides that all inspections and testing of fire sprinkler systems and control equipment must be recorded on an inspection report or testing form. Provides that all fire sprinkler systems, upon completion of inspection and testing, must be affixed with a preprinted label bearing the name of the person performing the inspection and the license number of the licensee performing the inspection. Provides that a copy of the inspection report must be forwarded by the entity performing the inspection to the Office of the State Fire Marshal. Provides that the fees for an inspection form and photo identification card shall be determined by the State Fire Marshal by rule. Provides that the State Fire Marshal has the power and duty to establish a database of all fire sprinkler systems, inspection records, and persons involved in the inspection or testing of existing fire sprinkler systems or control equipment. Effective January 1, 2021.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB3997 Detail]

Download: Illinois-2019-SB3997-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3997

Introduced 5/22/2020, by Sen. Ram Villivalam

SYNOPSIS AS INTRODUCED:
225 ILCS 317/30
225 ILCS 317/35
225 ILCS 317/50

Amends the Fire Sprinkler Contractor Licensing Act. Provides that any individual who performs inspection and testing of existing fire sprinkler systems and control equipment must possess a photo identification card issued by the State Fire Marshal as proof that the individual is in compliance with the Act. Provides that all inspections and testing of fire sprinkler systems and control equipment must be recorded on an inspection report or testing form. Provides that all fire sprinkler systems, upon completion of inspection and testing, must be affixed with a preprinted label bearing the name of the person performing the inspection and the license number of the licensee performing the inspection. Provides that a copy of the inspection report must be forwarded by the entity performing the inspection to the Office of the State Fire Marshal. Provides that the fees for an inspection form and photo identification card shall be determined by the State Fire Marshal by rule. Provides that the State Fire Marshal has the power and duty to establish a database of all fire sprinkler systems, inspection records, and persons involved in the inspection or testing of existing fire sprinkler systems or control equipment. Effective January 1, 2021.
LRB101 21536 LNS 72353 b

A BILL FOR

SB3997LRB101 21536 LNS 72353 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 30, 35, and 50 as follows:
6 (225 ILCS 317/30)
7 (Text of Section before amendment by P.A. 101-626)
8 Sec. 30. Requirements for the installation, repair,
9inspection, and testing of fire protection systems.
10 (a) Equipment shall be listed by a nationally recognized
11testing laboratory, such as Underwriters Laboratories, Inc. or
12Factory Mutual Laboratories, Inc., or shall comply with
13nationally accepted standards. The State Fire Marshal shall
14adopt by rule procedures for determining whether a laboratory
15is nationally recognized, taking into account the laboratory's
16facilities, procedures, use of nationally recognized
17standards, and any other criteria reasonably calculated to
18reach an informed determination.
19 (b) Equipment shall be installed in accordance with the
20applicable standards of the National Fire Protection
21Association and the manufacturer's specifications.
22 (c) The contractor shall furnish the user with operating
23instructions for all equipment installed, together with a

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1diagram of the final installation.
2 (d) All fire sprinkler systems shall have a backflow
3prevention device or, in a municipality with a population over
4500,000, a double detector check assembly installed by a
5licensed plumber before the fire sprinkler system connection to
6the water service. Connection to the backflow prevention device
7or, in a municipality with a population over 500,000, a double
8detector assembly shall be done in a manner consistent with the
9Department of Public Health's Plumbing Code.
10 (e) This licensing Act is not intended to require any
11additional fire inspections at State level.
12 (f) Inspections and testing of existing fire sprinkler
13systems and control equipment must be performed by a licensee
14or an individual employed or contracted by a licensee. Any
15individual who performs inspection and testing duties under
16this subsection (f) must possess proof of (i) certification by
17a nationally recognized certification organization at an
18appropriate level, such as NICET Level II in Inspection and
19Testing of Water Based Systems or the equivalent, by January 1,
202009 or (ii) satisfactory completion of a certified sprinkler
21fitter apprenticeship program approved by the U.S. Department
22of Labor. State employees who perform inspections and testing
23on behalf of State institutions and who meet all other
24requirements of this subsection (f) need not be licensed under
25this Act or employed by a licensee under this Act in order to
26perform inspection and testing duties under this subsection

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1(f). The requirements of this subsection (f) do not apply to
2individuals performing inspections or testing of fire
3sprinkler systems on behalf of a municipality, a county, a fire
4protection district, or the Office of the State Fire Marshal.
5This subsection (f) does not apply to cursory weekly and
6monthly inspections of gauges and control valves conducted in
7accordance with the standards of the National Fire Protection
8Association.
9 A copy of the inspection report for an inspection performed
10pursuant to this subsection (f) must be forwarded by the entity
11performing the inspection to the local fire department or fire
12protection district in which the sprinkler system is located.
13The inspection report must include the NICET Level II
14Inspection and Testing of Water Based Systems certification
15number or journeymen number of the person performing the
16inspection.
17(Source: P.A. 96-256, eff. 1-1-10; 97-112, eff. 7-14-11.)
18 (Text of Section after amendment by P.A. 101-626)
19 Sec. 30. Requirements for the installation, repair,
20inspection, and testing of fire protection systems.
21 (a) Equipment shall be listed by a nationally recognized
22testing laboratory, such as Underwriters Laboratories, Inc. or
23Factory Mutual Laboratories, Inc., or shall comply with
24nationally accepted standards. The State Fire Marshal shall
25adopt by rule procedures for determining whether a laboratory

SB3997- 4 -LRB101 21536 LNS 72353 b
1is nationally recognized, taking into account the laboratory's
2facilities, procedures, use of nationally recognized
3standards, and any other criteria reasonably calculated to
4reach an informed determination.
5 (b) Equipment shall be installed in accordance with the
6applicable standards of the National Fire Protection
7Association and the manufacturer's specifications.
8 (c) The contractor shall furnish the user with operating
9instructions for all equipment installed, together with a
10diagram of the final installation.
11 (d) All fire sprinkler systems shall have a backflow
12prevention device or, in a municipality with a population over
13500,000, a double detector check assembly installed by a
14licensed plumber before the fire sprinkler system connection to
15the water service. Connection to the backflow prevention device
16or, in a municipality with a population over 500,000, a double
17detector assembly shall be done in a manner consistent with the
18Department of Public Health's Plumbing Code.
19 (e) This licensing Act is not intended to require any
20additional fire inspections at State level.
21 (f) Before January 1, 2022, inspection and testing of
22existing fire sprinkler systems and control equipment must be
23performed by a licensee or an individual employed or contracted
24by a licensee. Any individual who performs inspection and
25testing duties under this subsection (f) must possess proof of
26(i) certification by a nationally recognized certification

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1organization at an appropriate level, such as NICET Level II in
2Inspection and Testing of Water Based Systems or the
3equivalent, (ii) a valid ASSE 15010 certification in
4"inspection, testing and maintenance for water-based fire
5protection systems", or (iii) 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 a stationary
17engineer, operating engineer, or other individual employed on a
18full-time basis by the facility owner or owner's representative
19performing weekly and monthly inspections and tests in
20accordance with applicable National Fire Protection
21Association standards.
22 Before January 1, 2022, a copy of the inspection report for
23an inspection performed pursuant to this subsection (f) must be
24forwarded by the entity performing the inspection to the local
25fire department or fire protection district in which the
26sprinkler system is located. The inspection report must include

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1the NICET Level II Inspection and Testing of Water Based
2Systems certification number, ASSE 15010 certification number
3for "inspection, testing and maintenance for water-based fire
4protection systems", or journeymen number of the person
5performing the inspection.
6 After December 31, 2021, inspection and testing of existing
7fire sprinkler systems and control equipment must be performed
8by a licensee or an individual employed or contracted by a
9licensee. Any individual who performs inspection and testing
10duties under this subsection (f) must possess, on his or her
11person, a photo identification card issued by the State Fire
12Marshal as proof that the individual is in compliance with this
13Act and must possess proof of (i) certification by a nationally
14recognized certification organization at an appropriate level,
15such as NICET Level III in Inspection and Testing of Water
16Based Systems or the equivalent, (ii) a valid ASSE 15010
17certification in "inspection, testing and maintenance for
18water-based fire protection systems", or (iii) satisfactory
19completion of a certified sprinkler fitter apprenticeship
20program approved by the United States Department of Labor. The
21photo identification card shall be issued by the State Fire
22Marshal annually at a fee determined by the State Fire Marshal
23by rule. State employees who perform inspections and testing on
24behalf of State institutions and who meet all other
25requirements of this subsection (f) need not be licensed under
26this Act or employed by a licensee under this Act in order to

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1perform inspection and testing duties under this subsection
2(f). The requirements of this subsection (f) do not apply to
3individuals performing inspections or testing of fire
4sprinkler systems on behalf of a municipality, a county, a fire
5protection district, or the Office of the State Fire Marshal.
6This subsection (f) does not apply to a stationary engineer,
7operating engineer, or other individual employed on a full-time
8basis by the facility owner or owner's representative
9performing weekly and monthly inspections and tests in
10accordance with applicable National Fire Protection
11Association standards.
12 All inspections and testing of fire sprinkler systems and
13control equipment must be recorded on an inspection report or
14testing form that shall include information as recommended by
15the National Fire Protection Association's NFPA 25. The
16contents of the inspection report shall be established by the
17State Fire Marshal by rule and shall include the license number
18of the licensee performing the inspection and the ASSE 15010
19certification number for "inspection, testing and maintenance
20for water-based fire protection systems" or the NICET Level III
21"inspection and testing of water based systems" certification
22number or journeymen number of the person performing the
23inspection.
24 All fire sprinkler systems, upon completion of inspection
25and testing, must be affixed with a preprinted label bearing
26the name of the person performing the inspection and the

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1license number of the licensee performing the inspection. The
2label required under this Section shall include information
3established by the Office of the State Fire Marshal.
4 After December 31, 2021, a copy of the inspection report
5for an inspection performed pursuant to this subsection (f)
6must be forwarded by the entity performing the inspection to
7(i) the local fire department or fire protection district in
8which the sprinkler system is located and (ii) the Office of
9the State Fire Marshal. The inspection report must include the
10NICET Level III Inspection and Testing of Water Based Systems
11certification number, ASSE 15010 certification number for
12"inspection, testing and maintenance for water-based fire
13protection systems", or journeymen number of the person
14performing the inspection.
15(Source: P.A. 101-626, eff. 6-1-20.)
16 (225 ILCS 317/35)
17 Sec. 35. Fees, renewals, continuing education, and
18required insurance.
19 (a) The fees for an original license, inspection form,
20photo identification card, and each renewal and for duplicate
21copies of licenses shall be determined by the State Fire
22Marshal by rule.
23 (b) Each license must be renewed every 2 years. Each
24licensee must complete 16 hours of continuing education in the
252-year period following his or her renewal or initial licensure

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1after the effective date of this amendatory Act of the 97th
2General Assembly. Current licensure as a professional engineer
3or proof of current NICET certification in Level III or IV
4shall satisfy this requirement for designated certified
5persons. Continuing education offered through nationally
6recognized building and fire code organizations and their
7affiliates; nationally recognized fire sprinkler organizations
8and their affiliates; institutions of higher education;
9educational bodies specializing in automatic fire suppression
10system technology; as well as other entities approved by the
11State Fire Marshal shall be also acceptable. All continuing
12education entities seeking to be approved providers of
13continuing education shall make application to the State Fire
14Marshal and offer programs that:
15 (1) contribute to the advancement, extension, or
16 enhancement of the professional skills or technical
17 knowledge of the licensee in the practice of fire sprinkler
18 contracting; and
19 (2) are developed and presented by persons with
20 education or experience in the subject manner of the
21 program.
22 (c) Any person who fails to file a renewal application by
23the date of expiration of a license shall be assessed a late
24filing charge, which shall be determined by the State Fire
25Marshal by rule.
26 (d) All fees shall be paid by check or money order. Any fee

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1required by this Act is not refundable in the event that the
2original application or application for renewal is denied.
3 (e) Every application for an original license shall be
4accompanied by a certificate of insurance issued by an
5insurance company authorized to do business in the State of
6Illinois or by a risk retention or purchasing group formed
7pursuant to the federal Liability Risk Retention Act of 1986,
8which provides primary, first dollar public liability coverage
9of the applicant or licensee for personal injuries for not less
10than $500,000 per person or $1,000,000 per occurrence, and, in
11addition, for not less than $1,000,000 per occurrence for
12property damage. The insurance policy shall be in effect at all
13times during the license year and a new certificate of
14insurance shall be filed with the State Fire Marshal within 30
15days after the renewal of the insurance policy.
16(Source: P.A. 97-112, eff. 7-14-11.)
17 (225 ILCS 317/50)
18 Sec. 50. Powers and duties of the State Fire Marshal. The
19State Fire Marshal has all of the following powers and duties:
20 (a) To prescribe and furnish application forms, licenses,
21and any other forms necessary under this Act.
22 (b) To suspend, revoke, or refuse to issue or renew
23licenses for cause.
24 (c) To conduct hearings concerning the suspension,
25revocation, or refusal to issue or renew licenses.

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1 (d) To levy and collect fines pursuant to this Act.
2 (e) To promulgate rules and regulations necessary for the
3administration of this Act.
4 (f) To establish a database of all fire sprinkler systems,
5inspection records, and persons involved in the inspection or
6testing of existing fire sprinkler systems or control
7equipment.
8(Source: P.A. 92-871, eff. 1-3-03.)
9 Section 95. No acceleration or delay. Where this Act makes
10changes in a statute that is represented in this Act by text
11that is not yet or no longer in effect (for example, a Section
12represented by multiple versions), the use of that text does
13not accelerate or delay the taking effect of (i) the changes
14made by this Act or (ii) provisions derived from any other
15Public Act.
16 Section 99. Effective date. This Act takes effect January
171, 2021.
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