(225 ILCS 217/40)

(Section scheduled to be repealed on January 1, 2028)

Sec. 40. Qualifications for licensure; fees.

(a) No person shall engage in practice as a fire equipment distributor or fire equipment employee without first applying for and obtaining a license for that purpose from the Office of the State Fire Marshal.

(b) To qualify for a Class A Fire Equipment Distributor License to service, recharge, hydro-test, install, maintain, or inspect all types of fire extinguishers, an applicant shall employ a currently licensed Class 1 Fire Equipment Employee and provide all of the following:

(1) A license fee as determined by rule.

(2) Evidence of current registration as an Illinois corporation or other business entity and, when applicable, evidence of compliance with the Assumed Business Name Act and a current list of officers.

(3) Evidence of financial responsibility in a minimum amount of $1,000,000 through liability insurance, self-insurance, group insurance, group self-insurance, or risk retention groups.

(3.5) Evidence of workers' compensation insurance covering its employees or approval as a self-insurer of workers' compensation in accordance with the laws of this State.

(4) Evidence of owning, leasing, renting, or having access to proper testing equipment that is in compliance with the national standards adopted by the State Fire Marshal for the maintenance and operation of testing tools for use with all Class A fire equipment.

(c) To qualify for a Class B Fire Equipment Distributor License to service, recharge, hydro-test, install, maintain, or inspect all types of pre-engineered fire extinguishing systems, an applicant shall employ a currently licensed Class 2K Fire Equipment Employee or Class 2I Fire Equipment Employee and provide all of the following:

(1) A license fee as determined by rule.

(2) Evidence of current registration as an Illinois corporation or other business entity and, when applicable, evidence of compliance with the Assumed Business Name Act and a current list of officers.

(3) Evidence of financial responsibility in a minimum amount of $1,000,000 through liability insurance, self-insurance, group insurance, group self-insurance, or risk retention groups.

(3.5) Evidence of workers' compensation insurance covering its employees or approval as a self-insurer of workers' compensation in accordance with the laws of this State.

(4) Evidence of owning, leasing, renting, or having access to proper testing equipment that is in compliance with the national standards adopted by the State Fire Marshal for the maintenance and operation of testing tools for use with all Class B fire equipment.

(d) To qualify for a Class C Fire Equipment Distributor License to service, repair, hydro-test, inspect, and engineer all types of engineered fire suppression systems, an applicant shall employ a currently licensed Class 3 Fire Equipment Employee and provide all of the following:

(1) A license fee as determined by rule.

(2) Evidence of current registration as an Illinois corporation or other business entity and, when applicable, evidence of compliance with the Assumed Business Name Act and a current list of officers.

(3) Evidence of financial responsibility in a minimum amount of $1,000,000 through liability insurance, self-insurance, group insurance, group self-insurance, or risk retention groups.

(3.5) Evidence of workers' compensation insurance covering its employees or approval as a self-insurer of workers' compensation in accordance with the laws of this State.

(4) Evidence of owning, leasing, renting, or having access to proper testing equipment that is in compliance with the national standards adopted by the State Fire Marshal for the maintenance and operation of testing tools for use with all Class C fire equipment.

(e) To qualify for a Class 1 Fire Equipment Employee License to service, recharge, hydro-test, install, maintain, or inspect all types of fire extinguishers, a candidate shall complete all of the following:

(1) Current certification by ICC or NAFED in Portable Fire Extinguishers.

(2) Pay a license fee as determined by rule.

(3) Provide a digital color photograph of sufficient quality. A candidate who is 21 years of age or older seeking a religious exemption to this photograph requirement shall furnish with the application an approved copy of United States Department of the Treasury Internal Revenue Service Form 4029. Regardless of age, a candidate seeking a religious exemption to this photograph requirement shall submit fingerprints in a form and manner prescribed by the State Fire Marshal with the application in lieu of a photograph.

(4) Provide a copy of a valid government-issued photo identification.

(f) To qualify for a Class 2I Fire Equipment Employee License to service, recharge, hydro-test, install, maintain, or inspect all types of pre-engineered industrial fire extinguishing systems, a candidate shall complete all of the following:

(1) Current certification by ICC or NAFED in Pre-Engineered Industrial Fire Suppression Systems.

(2) Pay a license fee as determined by rule.

(3) Provide a digital color photograph of sufficient quality. A candidate who is 21 years of age or older seeking a religious exemption to this photograph requirement shall furnish with the application an approved copy of United States Department of the Treasury Internal Revenue Service Form 4029. Regardless of age, a candidate seeking a religious exemption to this photograph requirement shall submit fingerprints in a form and manner prescribed by the State Fire Marshal with the application in lieu of a photograph.

(4) Provide a copy of a valid government-issued photo identification.

(f-5) To qualify for a Class 2K Fire Equipment Employee License to service, recharge, hydro-test, install, maintain, or inspect all types of pre-engineered kitchen fire extinguishing systems, a candidate shall complete all of the following:

(1) Current certification by ICC or NAFED in Pre-Engineered Kitchen Fire Extinguishing Systems.

(2) Pay a license fee as determined by rule.

(3) Provide a digital color photograph of sufficient quality. A candidate who is 21 years of age or older seeking a religious exemption to this photograph requirement shall furnish with the application an approved copy of United States Department of the Treasury Internal Revenue Service Form 4029. Regardless of age, a candidate seeking a religious exemption to this photograph requirement shall submit fingerprints in a form and manner prescribed by the State Fire Marshal with the application in lieu of a photograph.

(4) Provide a copy of a valid government-issued photo identification.

(g) To qualify for a Class 3 Fire Equipment Employee License to service, recharge, hydro-test, install, maintain, inspect, or engineer all types of engineered fire extinguishing systems, a candidate shall complete all of the following:

(1) Current certification by NAFED in Engineered Fire Suppression Systems or current NICET Level III certification in Special Hazards Systems.

(2) Pay a license fee as determined by rule.

(3) Provide a digital color photograph of sufficient quality. A candidate who is 21 years of age or older seeking a religious exemption to this photograph requirement shall furnish with the application an approved copy of United States Department of the Treasury Internal Revenue Service Form 4029. Regardless of age, a candidate seeking a religious exemption to this photograph requirement shall submit fingerprints in a form and manner prescribed by the State Fire Marshal with the application in lieu of a photograph.

(4) Provide a copy of a valid government-issued photo identification.

(h) (Blank).

(Source: P.A. 102-715, eff. 4-29-22.)