SB0212 103RD GENERAL ASSEMBLY

LRB103 26238 CPF 52597 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB0212

Introduced 1/31/2023, by Sen. Doris Turner

SYNOPSIS AS INTRODUCED:

20 ILCS 2905/5 new

Amends the State Fire Marshal Act. Defines "fire-resistant material" and "fire-resistant material applicator". Provides that it is unlawful for a person to engage in business as a fire-resistant material applicator in this State without being certified by the Office of the State Fire Marshal. Establishes a civil penalty of up to $250 for each violation of the provisions. Requires the Office to regulate fire-resistant material applicators by developing and implementing a certification and certification renewal process, developing training requirements, and adopting rules. Allows the Office to charge a certification fee and a certification renewal fee. Provides that registration as a fire-resistant material applicator must be renewed annually. Requires the Office to develop a list of grounds for revoking certification as a fire-resistant material applicator. Permits the Office to investigate allegations of actions that constitute grounds for revocation and may revoke certification if, in Office's determination, a violation has occurred. Effective immediately.

A BILL FOR

AN ACT concerning title.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The State Fire Marshal Act is amended by adding Section 5 as follows:

(20 ILCS 2905/5 new)

Sec. 5. Fire-resistant material applicator certification.

(a) In this Section:

"Fire-resistant material" means a cementitious or fibrous material that is applied onto a substance to provide fire-resistant protection to the substance.

"Fire-resistant material applicator" means an individual in the business of applying fire-resistant material.

(b) It is unlawful for a person to engage in business as a fire-resistant material applicator in this State without being certified by the Office as provided in this Section and without being otherwise in compliance with this Act. A person who violates this Section shall be assessed a civil penalty by the Office of up to $250 for each violation. Each day's violation constitutes a separate offense. The Attorney General or the State's Attorney of the county in which the violation occurs may bring an action in the name of the People of the State of Illinois or may, in addition to other remedies provided in this Act, bring an action for an injunction to restrain a violation of this subsection.

(c) The Office:

(1) shall develop and implement a certification and certification renewal process for fire-resistant material applicators and a registry of persons certified as fire-resistant material applicators under this Section;

(2) shall develop requirements for training to apply fire-resistant material according to fire-resistant material manufacturer specifications for persons seeking certification as a fire-resistant material applicator;

(3) may charge a certification fee and a certification renewal fee for persons seeking certification under this Section; and

(4) shall adopt rules necessary to implement and administer this Section.

(d) A person seeking certification as a fire-resistant material applicator shall, in the judgment of the Office, successfully complete the training requirements to apply fire-resistant material developed under paragraph (2) of subsection (c).

If a person satisfactorily completes the training, the Office shall issue the person a certificate indicating that he or she is certified to apply fire-resistant material.

(e) Registration as a fire-resistant material applicator must be renewed annually.

(f) The Office shall develop a list of grounds for revoking certification as a fire-resistant material applicator. The Office may investigate allegations of actions that constitute grounds for revocation and may revoke certification if, in Office's determination, a violation has occurred.

Section 99. Effective date. This Act takes effect upon becoming law.