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Public Act 097-0112
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| HB1279 Enrolled | LRB097 07339 CEL 47448 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Fire Sprinkler Contractor Licensing Act is |
amended by changing Sections 15, 30, and 35 as follows:
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(225 ILCS 317/15)
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Sec. 15. Licensing requirements.
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(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 in this State
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after 6 months after
the effective date of this Act, unless |
such person or business is licensed by
the State
Fire Marshal. |
This
license must be renewed every year.
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(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.
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(d) A person or business applying for a license must show |
proof of having liability and
property damage insurance in such |
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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.
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(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'
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compensation in
accordance with the laws of this State.
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(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 performed |
within the State.
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(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.
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(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
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application shall
state the name of the partnership and its |
partners, the name of the corporation
and its officers and
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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 |
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Section 20. The license, when issued upon application of a
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business organization,
shall be in the name of the business |
organization and the name of the
qualifying designated |
certified
person shall be noted thereon.
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(i) No license is required for a person or business that is
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engaged in the installation of fire sprinkler systems only in
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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.
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(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 |
3 or 4 certification in fire protection technology automatic |
sprinkler system layout who is either licensed under this Act |
or employed by an organization licensed under this Act.
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(Source: P.A. 94-367, eff. 1-1-06.)
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(225 ILCS 317/30)
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Sec. 30. Requirements for the installation, repair, |
inspection, and testing of fire protection
systems.
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(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 |
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nationally
accepted standards. The State Fire Marshal shall |
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.
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(b) Equipment shall be installed in accordance with the |
applicable standards
of the National
Fire Protection |
Association and the manufacturer's specifications.
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(c) The contractor shall furnish the user with operating |
instructions for
all equipment
installed, together with a |
diagram of the final installation.
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(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
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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.
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(e) This licensing Act is not intended to require any |
additional fire
inspections at State level.
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(f) Inspections and testing of existing fire sprinkler |
systems and control equipment must be performed by a licensee |
or an individual employed or contracted by a licensee. Any |
individual who performs inspection and testing duties under |
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this subsection (f) must possess proof of (i) 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, 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
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accordance with the standards of the National Fire Protection |
Association.
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A copy of the inspection report for an inspection performed |
pursuant to this subsection (f) 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 NICET Level II |
Inspection and Testing of Water Based Systems certification |
number or journeymen number of the person performing the |
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inspection. |
(Source: P.A. 95-305, eff. 8-20-07; 96-256, eff. 1-1-10.)
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(225 ILCS 317/35)
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Sec. 35. Fees, renewals, continuing education, and |
required insurance.
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(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.
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(b) Each 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 |
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. 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; 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: |
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(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 |
(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.
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(d) (c) 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.
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(e) (d) 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
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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 |