Full Text of HB1279 97th General Assembly
HB1279ham001 97TH GENERAL ASSEMBLY | Rep. Robert Rita Filed: 3/15/2011
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| 1 | | AMENDMENT TO HOUSE BILL 1279
| 2 | | AMENDMENT NO. ______. Amend House Bill 1279 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Fire Sprinkler Contractor Licensing Act is | 5 | | amended by changing Sections 15, 30, and 35 as follows:
| 6 | | (225 ILCS 317/15)
| 7 | | Sec. 15. Licensing requirements.
| 8 | | (a) It shall be unlawful for any person or business to | 9 | | engage in, advertise,
or hold
itself out to be
in the business | 10 | | of installing or repairing fire sprinkler systems in this State
| 11 | | after 6 months after
the effective date of this Act, unless | 12 | | such person or business is licensed by
the State
Fire Marshal. | 13 | | This
license must be renewed every year.
| 14 | | (b) In order to obtain a license, a person or business must | 15 | | submit an
application to the State
Fire Marshal, on a form | 16 | | provided by the State Fire Marshal containing the
information |
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| 1 | | prescribed,
along with the application fee.
| 2 | | (c) A business applying for a license must have a | 3 | | designated certified person employed at the
business location | 4 | | and the designated certified person shall be identified on the | 5 | | license application.
| 6 | | (d) A person or business applying for a license must show | 7 | | proof of having liability and
property damage insurance in such | 8 | | amounts and under such circumstances as may
be determined by | 9 | | the
State Fire Marshal.
The amount of liability and property | 10 | | damage insurance, however, shall not be
less than
the amount | 11 | | specified in Section 35 of this Act.
| 12 | | (e) A person or business applying for a license must show | 13 | | proof of having
workers' compensation
insurance covering its | 14 | | employees or be approved as a self-insurer of workers'
| 15 | | compensation in
accordance with the laws of this State.
| 16 | | (f) A person or business so licensed shall have a separate | 17 | | license for each
business location
within the State or outside | 18 | | the State when the business location is responsible
for any | 19 | | installation
or repair of fire sprinkler systems performed | 20 | | within the State.
| 21 | | (g) When an individual proposes to do business in her or | 22 | | his own name, a
license, when granted,
shall be issued only to | 23 | | that individual.
| 24 | | (h) If the applicant requesting licensure to engage in | 25 | | contracting is a
business organization,
such as a partnership, | 26 | | corporation, business trust, or other legal entity, the
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| 1 | | application shall
state the name of the partnership and its | 2 | | partners, the name of the corporation
and its officers and
| 3 | | directors, the name of the business trust and its trustees, or | 4 | | the name of such
other legal entity
and its members and shall | 5 | | furnish evidence of statutory compliance if a
fictitious name | 6 | | is used. Such
application shall also show that the business | 7 | | entity employs a designated
certified person as
required under | 8 | | Section 20. The license, when issued upon application of a
| 9 | | business organization,
shall be in the name of the business | 10 | | organization and the name of the
qualifying designated | 11 | | certified
person shall be noted thereon.
| 12 | | (i) No license is required for a person or business that is
| 13 | | engaged in the installation of fire sprinkler systems only in
| 14 | | single family or multiple family residential dwellings up to | 15 | | and including 8
family units that do not exceed 2 1/2 stories | 16 | | in height from the lowest grade
level.
| 17 | | (j) All fire protection system layout documents of fire | 18 | | sprinkler systems, as defined in Section 10 of this Act, shall | 19 | | be prepared by (i) a professional engineer who is licensed | 20 | | under the Professional Engineering Practice Act of 1989, (ii) | 21 | | an architect who is licensed under the Illinois Architecture | 22 | | Practice Act of 1989, or (iii) a holder of a valid NICET level | 23 | | 3 or 4 certification in fire protection technology automatic | 24 | | sprinkler system layout who is either licensed under this Act | 25 | | or employed by an organization licensed under this Act.
| 26 | | (Source: P.A. 94-367, eff. 1-1-06.)
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| 1 | | (225 ILCS 317/30)
| 2 | | Sec. 30. Requirements for the installation, repair, | 3 | | inspection, and testing of fire protection
systems.
| 4 | | (a) Equipment shall be listed by a nationally recognized | 5 | | testing laboratory,
such as
Underwriters Laboratories, Inc. or | 6 | | Factory Mutual Laboratories, Inc., or shall
comply with | 7 | | nationally
accepted standards. The State Fire Marshal shall | 8 | | adopt by rule procedures for
determining
whether a laboratory | 9 | | is
nationally recognized, taking into account the laboratory's | 10 | | facilities,
procedures, use of nationally
recognized | 11 | | standards, and any other criteria reasonably calculated to | 12 | | reach an
informed
determination.
| 13 | | (b) Equipment shall be installed in accordance with the | 14 | | applicable standards
of the National
Fire Protection | 15 | | Association and the manufacturer's specifications.
| 16 | | (c) The contractor shall furnish the user with operating | 17 | | instructions for
all equipment
installed, together with a | 18 | | diagram of the final installation.
| 19 | | (d) All fire sprinkler systems shall have a backflow | 20 | | prevention device or,
in a municipality with a population over | 21 | | 500,000, a double detector check
assembly installed by a | 22 | | licensed plumber before the fire sprinkler system
connection to | 23 | | the water service. Connection to the backflow prevention device
| 24 | | or, in a municipality with a population over 500,000, a double | 25 | | detector
assembly shall be done in a manner consistent with the |
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| 1 | | Department of Public
Health's Plumbing Code.
| 2 | | (e) This licensing Act is not intended to require any | 3 | | additional fire
inspections at State level.
| 4 | | (f) Inspections and testing of existing fire sprinkler | 5 | | systems and control equipment must be performed by a licensee | 6 | | or an individual employed or contracted by a licensee. Any | 7 | | individual who performs inspection and testing duties under | 8 | | this subsection (f) must possess proof of (i) certification by | 9 | | a nationally recognized certification organization at an | 10 | | appropriate level, such as NICET Level II in Inspection and | 11 | | Testing of Water Based Systems or the equivalent, by January 1, | 12 | | 2009 or (ii) satisfactory completion of a certified sprinkler | 13 | | fitter apprenticeship program approved by the U.S. Department | 14 | | of Labor. State employees who perform inspections and testing | 15 | | on behalf of State institutions and who meet all other | 16 | | requirements of this subsection (f) need not be licensed under | 17 | | this Act or employed by a licensee under this Act in order to | 18 | | perform inspection and testing duties under this subsection | 19 | | (f). The requirements of this subsection (f) do not apply to | 20 | | individuals performing inspections or testing of fire | 21 | | sprinkler systems on behalf of a municipality, a county, a fire | 22 | | protection district, or the Office of the State Fire Marshal. | 23 | | This subsection (f) does not apply to cursory
weekly and | 24 | | monthly inspections of gauges and control valves conducted in
| 25 | | accordance with the standards of the National Fire Protection | 26 | | Association.
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| 1 | | A copy of the inspection report for an inspection performed | 2 | | pursuant to this subsection (f) must be forwarded by the entity | 3 | | performing the inspection to the local fire department or fire | 4 | | protection district in which the sprinkler system is located. | 5 | | The inspection report must include the NICET Level II | 6 | | Inspection and Testing of Water Based Systems certification | 7 | | number or journeymen number of the person performing the | 8 | | inspection. | 9 | | (Source: P.A. 95-305, eff. 8-20-07; 96-256, eff. 1-1-10.)
| 10 | | (225 ILCS 317/35)
| 11 | | Sec. 35. Fees , renewals, continuing education, and | 12 | | required insurance.
| 13 | | (a) The fees for an original license and each renewal and | 14 | | for duplicate
copies of licenses
shall be determined by the | 15 | | State Fire Marshal by rule.
| 16 | | (b) Each license must be renewed every 2 years. Each | 17 | | licensee must complete 16 hours of continuing education in the | 18 | | 2-year period following his or her renewal or initial licensure | 19 | | after the effective date of this amendatory Act of the 97th | 20 | | General Assembly. Current licensure as a professional engineer | 21 | | or proof of current NICET certification in Level III or IV | 22 | | shall satisfy this requirement for designated certified | 23 | | persons. Continuing education offered through nationally | 24 | | recognized building and fire code organizations and their | 25 | | affiliates; nationally recognized fire sprinkler organizations |
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| 1 | | and their affiliates; institutions of higher education; | 2 | | educational bodies specializing in automatic fire suppression | 3 | | system technology; as well as other entities approved by the | 4 | | State Fire Marshal shall be also acceptable. All continuing | 5 | | education entities seeking to be approved providers of | 6 | | continuing education shall make application to the State Fire | 7 | | Marshal and offer programs that: | 8 | | (1) contribute to the advancement, extension, or | 9 | | enhancement of the professional skills or technical | 10 | | knowledge of the licensee in the practice of fire sprinkler | 11 | | contracting; and | 12 | | (2) are developed and presented by persons with | 13 | | education or experience in the subject manner of the | 14 | | program. | 15 | | (c) Any person who fails to file a renewal application by | 16 | | the date of
expiration of a license
shall be assessed a late | 17 | | filing charge, which shall be determined by the State
Fire | 18 | | Marshal by rule.
| 19 | | (d) (c) All fees shall be paid by check or money order. Any | 20 | | fee required by this
Act is not
refundable in the event that | 21 | | the original application or application for
renewal is denied.
| 22 | | (e) (d) Every application for an original license shall be | 23 | | accompanied by a
certificate of
insurance issued by an | 24 | | insurance company authorized to do business in the State
of | 25 | | Illinois or by a
risk retention or purchasing group formed | 26 | | pursuant to the federal Liability
Risk Retention Act of
1986, |
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| 1 | | which provides primary, first dollar public liability coverage | 2 | | of the
applicant or licensee for
personal injuries for not less | 3 | | than $500,000 per person or $1,000,000 per
occurrence, and, in
| 4 | | addition, for not less than $1,000,000 per occurrence for | 5 | | property damage. The
insurance policy shall
be in effect at all | 6 | | times during the license year and a new certificate of | 7 | | insurance shall be filed
with the State Fire Marshal within 30 | 8 | | days after the renewal of the insurance
policy.
| 9 | | (Source: P.A. 92-871, eff. 1-3-03.)
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.".
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