HB3714enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB3714 EnrolledLRB102 03960 SPS 13976 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 5, 10, 12, 15, 20, 30, 35, 40, 45,
650, 55, 60, 65, 70, 75, 80, 85, 90, 95, 100, 105, 110, and 120
7and by adding Sections 14, 16, 17, 22, 31, 62, and 116 as
8follows:
 
9    (225 ILCS 317/5)
10    Sec. 5. Legislative intent. It is declared that within the
11State of Illinois there are, and may continue to be, locations
12where the improper service installation or repair of fire
13sprinkler systems and associated components creates conditions
14that may adversely affect the public health and general
15welfare. Therefore, the purpose of this Act is to protect,
16promote, and preserve the public health and general welfare by
17providing for the State administrative control, supervision,
18licensure, and regulation of persons involved in the service
19of fire sprinkler systems, ensuring that those who hold
20themselves out as possessing professional qualifications to
21engage in service of fire sprinkler systems are qualified to
22render service, and providing for the high standards of
23professional conduct by those licensed to service fire

 

 

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1sprinkler systems. This Act shall be liberally construed to
2promote the public interest and to accomplish the purpose
3stated in this Section. establishment of minimum standards for
4licensure of fire sprinkler installation contractors.
5(Source: P.A. 92-871, eff. 1-3-03.)
 
6    (225 ILCS 317/10)
7    Sec. 10. Definitions. As used in this Act, unless the
8context otherwise requires:
9    "Designated certified person" means an individual who has
10met the qualifications set forth under Section 20 of this Act.
11    "Fire protection system layout documents" means layout
12drawings, catalog information on standard products, and other
13construction data that provide detail on the location of
14risers, cross mains, branch lines, sprinklers, piping per
15applicable standard, and hanger locations. "Fire protection
16system layout documents" serve as a guide for fabrication and
17installation of a fire sprinkler system and shall be based
18upon applicable standards pursuant to Section 30 of this Act.
19    "Fire sprinkler contractor" means a person who holds
20himself or herself out to be in the business of providing
21service for a fire sprinkler system or contracts with a person
22to provide service for install or repair a fire sprinkler
23system.
24    "Fire sprinkler contractor license" means a license issued
25to a qualified fire sprinkler contractor.

 

 

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1    "Fire sprinkler inspector" means an individual who is
2qualified to perform routine inspection or testing of fire
3sprinkler systems pursuant to Section 17 and who is employed
4or contracted by a fire sprinkler contractor.
5    "Fire sprinkler inspector license" means a license issued
6to a qualified fire sprinkler inspector.
7    "Fire sprinkler system" means any water-based automatic
8fire extinguishing system employing fire sprinklers, including
9accessory fire pumps and associated piping, fire standpipes,
10or underground fire main systems starting at the connection to
11the water service after the approved backflow device is
12installed under the requirements of the Illinois Plumbing Code
13and ending at the most remote fire sprinkler. "Fire sprinkler
14system" includes but is not limited to a fire sprinkler system
15in a residential, commercial, institutional, educational,
16public, or private occupancy. "Fire sprinkler system" does not
17include single sprinkler heads that are in a loop of the
18potable water system, as referenced in 77 Ill. Adm. Code
19890.1130 and 890.1200.
20    "Licensee" means a person or business organization
21licensed in accordance with this Act.
22    "NICET" means the National Institute for Certification in
23Engineering Technologies.
24    "Office" means the Office of the State Fire Marshal.
25    "Person" means an individual, group of individuals,
26association, trust, partnership, corporation, limited

 

 

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1liability company, firm, business, person doing business under
2an assumed name, the State of Illinois, or department thereof,
3any other state-owned and operated institution, or any other
4entity.
5    "Responsible managing employee" means the individual
6designated by the fire sprinkler contractor that is not
7required to have a designated certified person under Section
8120.
9    "Routine inspection or testing" means inspection or
10testing to verify the condition of an existing fire sprinkler
11system at predetermined intervals in accordance with the
12standards of the National Fire Protection Association.
13    "Rules" means the rules adopted pursuant to this Act.
14    "Service" means work on a fire sprinkler system,
15including, but not limited to, installation, repair,
16inspection, testing, and maintenance, within the scope of this
17Act.
18    "Standards" means those standards or codes referenced in
19this Act or its rules.
20    "Supervision" means the direction and management by a
21designated certified person or responsible managing employee
22of the activities of non-certified personnel in the service
23installation or repair of fire sprinkler systems.
24(Source: P.A. 94-367, eff. 1-1-06.)
 
25    (225 ILCS 317/12)

 

 

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1    Sec. 12. Licenses License; enforcement; failure to pay
2tax. No person shall act as a licensee fire sprinkler
3contractor, or advertise or assume to act as such, or use any
4title implying that such person is engaged in such practice or
5occupation unless licensed by the Office State Fire Marshal.
6    No person firm, association, or corporation shall act as
7an agency licensed under this Act, or advertise or assume to
8act as such, or use any title implying that the person firm,
9association, or corporation is engaged in such practice,
10unless licensed by the Office State Fire Marshal.
11    The Office State Fire Marshal, in the name of the People
12and through the Attorney General, the State's Attorney of any
13county, any resident of the State, or any legal entity within
14the State may apply for injunctive relief in any court to
15enjoin any person who has not been issued a license or whose
16license has been suspended, revoked, or not renewed from
17practicing a licensed activity, and upon the filing of a
18verified petition, the court, if satisfied by affidavit or
19otherwise, that such person is or has been practicing in
20violation of this Act may enter a temporary restraining order
21or preliminary injunction, without bond, enjoining the
22defendant from such further activity. A copy of the verified
23complaint shall be served upon the defendant and the
24proceedings shall thereafter be conducted as in other civil
25cases. If it is established that the defendant has been or is
26practicing in violation of this Act, the court may enter a

 

 

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1judgment perpetually enjoining the defendant from such further
2activity. In case of violation of any injunctive order or
3judgment entered under the provisions of this Section, the
4court may summarily try and, if found in violation of the
5injunctive order, punish the offender for contempt of court.
6Such injunctive proceeding shall be in addition to all
7penalties and other remedies in this Act.
8    The Office State Fire Marshal may refuse to issue a
9license to, or may suspend the license of, any person who fails
10to file a return, to pay the tax, penalty, or interest shown in
11a filed return, or to pay any final assessment of tax, penalty,
12or interest, as required by any tax Act administered by the
13Illinois Department of Revenue, until such time as the
14requirements of any such tax Act are satisfied.
15(Source: P.A. 92-871, eff. 1-3-03.)
 
16    (225 ILCS 317/14 new)
17    Sec. 14. Fire protection system layout documents. All fire
18protection system layout documents of fire sprinkler systems
19shall be prepared by: (1) a professional engineer who is
20licensed under the Professional Engineering Practice Act of
211989, (2) an architect who is licensed under the Illinois
22Architecture Practice Act of 1989, or (3) a holder of a valid
23NICET Level III or IV certification in water-based fire
24protection systems layout who is either licensed under this
25Act or employed by an organization licensed under this Act.
 

 

 

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1    (225 ILCS 317/15)
2    Sec. 15. Licensing requirements.
3    (a) It shall be unlawful for any person or business to
4engage in, advertise, or hold itself out to be in the business
5of providing service for installing or repairing fire
6sprinkler systems in this State after 6 months after the
7effective date of this Act, unless such person or business is
8licensed by the Office State Fire Marshal.
9    (b) Applications for initial licensure and renewal shall
10be made to the Office on forms or electronically as prescribed
11by the Office, and applicants shall pay the license fee. In
12order to obtain a license, a person or business must submit an
13application to the State Fire Marshal, on a form provided by
14the State Fire Marshal containing the information prescribed,
15along with the application fee.
16    (c) A business applying for a license must have a
17designated certified person employed at the business location
18and the designated certified person shall be identified on the
19license application.
20    (d) A person or business applying for a license must show
21proof of having liability and property damage insurance in
22such amounts and under such circumstances as may be determined
23by the State Fire Marshal. The amount of liability and
24property damage insurance, however, shall not be less than the
25amount specified in Section 35 of this Act.

 

 

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1    (e) A person or business applying for a license must show
2proof of having workers' compensation insurance covering its
3employees or be approved as a self-insurer of workers'
4compensation in accordance with the laws of this State.
5    (f) A person or business so licensed shall have a separate
6license for each business location within the State or outside
7the State when the business location is responsible for any
8installation or repair of fire sprinkler systems performed
9within the State.
10    (g) When an individual proposes to do business in her or
11his own name, a license, when granted, shall be issued only to
12that individual.
13    (h) If the applicant requesting licensure to engage in
14contracting is a business organization, such as a partnership,
15corporation, business trust, or other legal entity, the
16application shall state the name of the partnership and its
17partners, the name of the corporation and its officers and
18directors, the name of the business trust and its trustees, or
19the name of such other legal entity and its members and shall
20furnish evidence of statutory compliance if a fictitious name
21is used. Such application shall also show that the business
22entity employs a designated certified person as required under
23Section 20. The license, when issued upon application of a
24business organization, shall be in the name of the business
25organization and the name of the qualifying designated
26certified person shall be noted thereon.

 

 

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1    (c) (i) No license is required for a person or business
2that is engaged in the installation of fire sprinkler systems
3only in single-family single family or multiple-family
4multiple family residential dwellings up to and including 8
5family units that do not exceed 2 1/2 stories in height from
6the lowest grade level.
7    (j) All fire protection system layout documents of fire
8sprinkler systems, as defined in Section 10 of this Act, shall
9be prepared by (i) a professional engineer who is licensed
10under the Professional Engineering Practice Act of 1989, (ii)
11an architect who is licensed under the Illinois Architecture
12Practice Act of 1989, or (iii) a holder of a valid NICET level
133 or 4 certification in fire protection technology automatic
14sprinkler system layout who is either licensed under this Act
15or employed by an organization licensed under this Act.
16(Source: P.A. 97-112, eff. 7-14-11.)
 
17    (225 ILCS 317/16 new)
18    Sec. 16. Fire sprinkler contractor license.
19    (a) A person applying for a fire sprinkler contractor
20license shall have a designated certified person who meets the
21requirements pursuant to Section 20 or a responsible managing
22employee pursuant to Section 120 employed at the business
23location. The designated certified person or responsible
24managing employee shall be identified on the license
25application.

 

 

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1    (b) A person applying for a fire sprinkler contractor
2license shall show proof of having liability and property
3damage insurance in such amounts and under such circumstances
4as may be determined by the Office. The amount of liability and
5property damage insurance, however, shall not be less than the
6amount specified in Section 35.
7    (c) A person applying for a fire sprinkler contractor
8license shall show proof of having workers' compensation
9insurance covering its employees or be approved as a
10self-insurer of workers' compensation in accordance with the
11laws of this State.
12    (d) A fire sprinkler contractor licensee shall have a
13separate license for each business location within the State
14or outside the State when the business location is responsible
15for any installation, repair, inspection, testing,
16maintenance, or service of fire sprinkler systems performed
17within the State.
18    (e) When an individual proposes to do business in his or
19her own name, a license, when granted, shall be issued only to
20that individual.
21    (f) If the applicant requesting licensure to engage in
22contracting is a business organization, such as a partnership,
23corporation, business trust, or other legal entity, the
24application shall state the name of the partnership and its
25partners, the name of the corporation and its officers and
26directors, the name of the business trust and its trustees, or

 

 

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1the name of the other legal entity and its members and shall
2furnish evidence of statutory compliance if a fictitious name
3is used. Application for a fire sprinkler contractor license
4shall also show that the business entity employs a designated
5certified person or responsible managing employee. The
6license, when issued upon application of a business
7organization, shall be in the name of the business
8organization and the name of the qualifying designated
9certified person or responsible managing employee shall be
10noted on the license. Changes to the information required in
11this Section shall be reported to the Office within 30 days
12after the change.
13    (g) Each fire sprinkler contractor shall be subject to
14requirements for license renewal and continuing education
15under Section 35.
 
16    (225 ILCS 317/17 new)
17    Sec. 17. Fire sprinkler inspector license; application;
18minimum qualifications for routine inspection or testing.
19    (a) Any individual who performs routine inspection or
20testing of any fire sprinkler system under this Act shall: (i)
21be employed by a licensed fire sprinkler contractor; and (ii)
22meet the minimum qualifications of this Section except where
23the individual is exempted by subsection (c).
24    Beginning January 1, 2024, any individual who performs
25routine inspection or testing of any fire sprinkler system

 

 

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1under this Act shall be individually licensed and possess on
2his or her person a fire sprinkler inspector license including
3a photo identification issued by the Office.
4    A person applying for an initial fire sprinkler inspector
5license or renewing a fire sprinkler inspector license shall
6demonstrate to the Office proof of minimum qualifications as
7required by subsection (b) of this Section, except where the
8individual is exempted by subsection (c).
9    (b) Any individual who performs routine inspection or
10testing of any fire sprinkler system under this Act shall
11possess proof of:
12        (1) current certification by a nationally recognized
13    certification organization, such as NICET certification in
14    Inspection and Testing of Water Based Systems, at an
15    appropriate level, or the equivalent; on or after the
16    effective date of this amendatory Act of the 102nd General
17    assembly through December 31, 2022, an appropriate level
18    in NICET certification in Inspection and Testing of Water
19    Based Systems shall be level II; on and after January 1,
20    2023, an appropriate level in NICET certification in
21    Inspection and Testing of Water Based Systems shall be
22    level III;
23        (2) current ASSE 15010 certification in inspection,
24    testing, and maintenance for water-based fire protection
25    systems by the American Society of Sanitary Engineering;
26    or

 

 

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1        (3) satisfactory completion of a certified sprinkler
2    fitter apprenticeship program approved by the U.S.
3    Department of Labor.
4    (c) The following are exemptions to the licensing
5requirements of this Section:
6        (1) State employees who perform routine inspection or
7    testing on behalf of State institutions and who meet the
8    requirements of subsection (b) need not be licensed under
9    this Section or employed by a fire sprinkler contractor
10    under this Act in order to perform routine inspection or
11    testing duties while engaged in the performance of their
12    official duties.
13        (2) The requirements of this Section do not apply to
14    individuals performing inspection or testing of fire
15    sprinkler systems on behalf of a municipality, a county, a
16    fire department, a fire protection district, or the Office
17    while engaged in the performance of their official duties.
18        (3) The requirements of this Section do not apply to a
19    stationary engineer, operating engineer, or other
20    individual employed on a full-time basis by the facility
21    owner or owner's representative performing weekly and
22    monthly inspections and tests in accordance with
23    applicable standards adopted under the rules.
24    (d) Each fire sprinkler inspector shall be subject to the
25requirements for license renewal and continuing education
26under Section 35.
 

 

 

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1    (225 ILCS 317/20)
2    Sec. 20. Designated certified person requirements; change
3of a designated certified person.
4    (a) A designated certified person shall must either be a
5current Illinois licensed professional engineer pursuant to
6the Professional Engineering Practice Act of 1989 or hold a
7valid NICET Level III level 3 or higher certification in
8water-based fire protection systems layout "fire protection
9technology, automatic sprinkler system layout".
10    (b) At least one member of every firm, association, or
11partnership and at least one corporate officer of every
12corporation engaged in the service installation and repair of
13fire sprinkler systems shall must be a designated certified
14person.
15    (c) A designated certified person shall must be employed
16by the fire sprinkler contractor licensee at each a business
17location with a valid license.
18    (d) A designated certified person shall must perform his
19or her normal duties at a business location with a valid
20license.
21    (e) A designated certified person may only be the
22designated certified person for one business location and one
23business entity.
24    (f) A designated certified person shall must be directly
25involved in supervision. The designated certified person does

 

 

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1not, however, have to be at the site of the service
2installation or repair of the fire sprinkler system at all
3times.
4    (g) A designated certified person shall provide an
5affirmative statement acknowledging his or her role as the
6designated certified person for the fire sprinkler contractor.
7    (h) When a fire sprinkler contractor is without a
8designated certified person, the fire sprinkler contractor
9shall notify the Office in writing within 30 days and shall
10employ a designated certified person no later than 180 days
11from the time the position of designated certified person
12becomes vacant. Failing to fill the vacant position shall
13cause the fire sprinkler contractor license to expire without
14further operation of law.
15(Source: P.A. 92-871, eff. 1-3-03.)
 
16    (225 ILCS 317/22 new)
17    Sec. 22. Licenses; photo exemption. An applicant who is 21
18years of age or older seeking a religious exemption to the
19requirement under this Act that all licenses contain the
20licensees' photo shall furnish with his or her application an
21approved copy of United States Department of the Treasury
22Internal Revenue Service Form 4029. Regardless of age, an
23applicant seeking a religious exemption to this photo
24requirement shall submit fingerprints in a form and manner
25prescribed by the Office with his or her application in lieu of

 

 

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1a photo.
 
2    (225 ILCS 317/30)
3    Sec. 30. Requirements for the service installation,
4repair, inspection, and testing of fire sprinkler protection
5systems.
6    (a) Equipment shall be listed by a nationally recognized
7testing laboratory, such as Underwriters Laboratories, Inc. or
8Factory Mutual Laboratories, Inc., or shall comply with
9nationally accepted standards. The Office State Fire Marshal
10shall adopt by rule procedures for determining whether a
11laboratory is nationally recognized, taking into account the
12laboratory's facilities, procedures, use of nationally
13recognized standards, and any other criteria reasonably
14calculated to reach an informed determination.
15    (b) Service for equipment Equipment shall be provided
16installed in accordance with the applicable standards as
17adopted in the rules of the National Fire Protection
18Association and the manufacturer's specifications.
19    (c) The contractor shall furnish the user with operating
20instructions for all equipment installed, together with
21as-built plans a diagram of the final installation.
22    (d) All fire sprinkler systems shall have a backflow
23prevention device or, in a municipality with a population over
24500,000, a double detector check assembly installed by a
25licensed plumber before the fire sprinkler system connection

 

 

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1to the water service. Connection to the backflow prevention
2device or, in a municipality with a population over 500,000, a
3double detector assembly shall be done in a manner consistent
4with the Department of Public Health's Plumbing Code.
5    (e) (Blank). This licensing Act is not intended to require
6any additional fire inspections at State level.
7    (f) Routine inspection or Before January 1, 2022,
8inspection and testing of existing fire sprinkler systems and
9control equipment shall must be performed by an individual
10qualified under Section 17 a licensee or an individual
11employed or contracted by a licensee. A copy of the inspection
12report for routine inspection or testing of a fire sprinkler
13system shall be sent to the local fire jurisdiction as
14provided by Section 31. Any individual who performs inspection
15and testing duties under this subsection (f) must possess
16proof of (i) certification by a nationally recognized
17certification organization at an appropriate level, such as
18NICET Level II in Inspection and Testing of Water Based
19Systems or the equivalent, (ii) a valid ASSE 15010
20certification in "inspection, testing and maintenance for
21water-based fire protection systems", or (iii) satisfactory
22completion of a certified sprinkler fitter apprenticeship
23program approved by the U.S. Department of Labor. State
24employees who perform inspections and testing on behalf of
25State institutions and who meet all other requirements of this
26subsection (f) need not be licensed under this Act or employed

 

 

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1by a licensee under this Act in order to perform inspection and
2testing duties under this subsection (f). The requirements of
3this subsection (f) do not apply to individuals performing
4inspections or testing of fire sprinkler systems on behalf of
5a municipality, a county, a fire protection district, or the
6Office of the State Fire Marshal. This subsection (f) does not
7apply to a stationary engineer, operating engineer, or other
8individual employed on a full-time basis by the facility owner
9or owner's representative performing weekly and monthly
10inspections and tests in accordance with applicable National
11Fire Protection Association standards.
12    Before January 1, 2022, a copy of the inspection report
13for an inspection performed pursuant to this subsection (f)
14must be forwarded by the entity performing the inspection to
15the local fire department or fire protection district in which
16the sprinkler system is located. The inspection report must
17include the NICET Level II Inspection and Testing of Water
18Based Systems certification number, ASSE 15010 certification
19number for "inspection, testing and maintenance for
20water-based fire protection systems", or journeymen number of
21the person performing the inspection.
22    After December 31, 2021, inspection and testing of
23existing fire sprinkler systems and control equipment must be
24performed by a licensee or an individual employed or
25contracted by a licensee. Any individual who performs
26inspection and testing duties under this subsection (f) must

 

 

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1possess proof of (i) certification by a nationally recognized
2certification organization at an appropriate level, such as
3NICET Level III in Inspection and Testing of Water Based
4Systems or the equivalent, (ii) a valid ASSE 15010
5certification in "inspection, testing and maintenance for
6water-based fire protection systems", or (iii) satisfactory
7completion of a certified sprinkler fitter apprenticeship
8program approved by the United States Department of Labor.
9State employees who perform inspections and testing on behalf
10of State institutions and who meet all other requirements of
11this subsection (f) need not be licensed under this Act or
12employed by a licensee under this Act in order to perform
13inspection and testing duties under this subsection (f). The
14requirements of this subsection (f) do not apply to
15individuals performing inspections or testing of fire
16sprinkler systems on behalf of a municipality, a county, a
17fire protection district, or the Office of the State Fire
18Marshal. This subsection (f) does not apply to a stationary
19engineer, operating engineer, or other individual employed on
20a full-time basis by the facility owner or owner's
21representative performing weekly and monthly inspections and
22tests in accordance with applicable National Fire Protection
23Association standards.
24    After December 31, 2021, a copy of the inspection report
25for an inspection performed pursuant to this subsection (f)
26must be forwarded by the entity performing the inspection to

 

 

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1the local fire department or fire protection district in which
2the sprinkler system is located. The inspection report must
3include the NICET Level III Inspection and Testing of Water
4Based Systems certification number, ASSE 15010 certification
5number for "inspection, testing and maintenance for
6water-based fire protection systems", or journeymen number of
7the person performing the inspection.
8(Source: P.A. 101-626, eff. 6-1-20.)
 
9    (225 ILCS 317/31 new)
10    Sec. 31. Reporting of routine inspection or testing
11activity. A copy of the inspection report for routine
12inspection or testing of a fire sprinkler system provided by a
13fire sprinkler inspector shall be forwarded by the entity
14performing the routine inspection or testing to the local fire
15jurisdiction in which the fire sprinkler system is located
16within 20 business days after the routine inspection or
17testing or within the time frame required by the local fire
18jurisdiction, whichever is less.
19    The report for routine inspection or testing shall
20include: (1) the name and license number of the individual or
21individuals who performed the routine inspection or testing;
22and (2) the name and license number of the fire sprinkler
23contractor by whom the individual or individuals are employed.
 
24    (225 ILCS 317/35)

 

 

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1    Sec. 35. Fees, renewals, continuing education, and
2required insurance.
3    (a) The fees for an initial original license and each
4renewal and for duplicate copies of licenses shall be
5determined by the Office State Fire Marshal by rule.
6    (b) Each license shall must be renewed every 2 years. Each
7licensee shall must complete at least 16 hours of continuing
8education in the 2-year period following the licensee's his or
9her renewal or initial licensure, with at least 8 hours of
10continuing education completed during each year of the current
11license after the effective date of this amendatory Act of the
1297th General Assembly.
13    To satisfy the continuing education requirement for fire
14sprinkler contractors, continuing education shall be completed
15by the designated certified person or responsible managing
16employee on behalf of the fire sprinkler contractor licensee.
17Current licensure as a professional engineer or proof of
18current NICET certification in Level III or IV certification
19in water-based fire protection systems layout shall satisfy
20the continuing education this requirement for designated
21certified persons.
22    Continuing education offered through nationally recognized
23building and fire code organizations and their affiliates;
24nationally recognized fire sprinkler organizations and their
25affiliates; institutions of higher education; educational
26bodies specializing in automatic fire suppression system

 

 

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1technology; as well as other entities approved by the Office
2State Fire Marshal shall be also acceptable. All continuing
3education entities seeking to be approved providers of
4continuing education shall make application to the Office
5State Fire Marshal and offer programs that:
6        (1) contribute to the advancement, extension, or
7    enhancement of the professional skills or technical
8    knowledge of the licensee in the practice of fire
9    sprinkler contracting; and
10        (2) are developed and presented by persons with
11    education or experience in the subject manner of the
12    program.
13    (c) Any person who fails to file a renewal application by
14the date of expiration of a license shall be assessed a late
15filing fee charge, which shall be determined by the Office
16State Fire Marshal by rule.
17    (d) All fees shall be paid by check or money order. Any fee
18required by this Act is not refundable in the event that the
19initial original application or application for renewal is
20denied.
21    (e) Every application for an initial original license or
22renewal of a fire sprinkler contractor license shall be
23accompanied by a certificate of insurance issued by an
24insurance company authorized to do business in the State of
25Illinois or by a risk retention or purchasing group formed
26pursuant to the federal Liability Risk Retention Act of 1986,

 

 

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1which provides primary, first dollar public liability coverage
2of the applicant or licensee for personal injuries for not
3less than $500,000 per person or $1,000,000 per occurrence,
4and, in addition, for not less than $1,000,000 per occurrence
5for property damage. The insurance policy shall be in effect
6at all times during the license year and a new certificate of
7insurance shall be filed with the Office State Fire Marshal
8within 30 days after the renewal of the insurance policy.
9(Source: P.A. 97-112, eff. 7-14-11.)
 
10    (225 ILCS 317/40)
11    Sec. 40. Deposit of fines and fees; appropriation. All
12administrative civil fines and fees collected pursuant to the
13Act shall be deposited into the Fire Prevention Fund, a
14special fund in the State treasury. The General Assembly shall
15appropriate the amount annually collected as administrative
16civil fines and fees to the State Fire Marshal for the purposes
17of administering this Act.
18(Source: P.A. 92-871, eff. 1-3-03.)
 
19    (225 ILCS 317/45)
20    Sec. 45. Home rule. A home rule unit may not regulate the
21service installation and repair of fire sprinkler systems in a
22manner less restrictive than the regulation by the State on
23the service installation and repair of fire sprinkler systems
24under this Act. This Section is a limitation under subsection

 

 

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1(i) of Section 6 of Article VII of the Illinois Constitution on
2the concurrent exercise by home rule units of powers and
3functions exercised by the State.
4    The changes made to this Section by this amendatory Act of
5the 102nd General Assembly are intended to be a restatement
6and clarification of existing law.
7(Source: P.A. 92-871, eff. 1-3-03.)
 
8    (225 ILCS 317/50)
9    Sec. 50. Powers and duties of the Office State Fire
10Marshal. The Office State Fire Marshal has all of the
11following powers and duties:
12    (a) To prescribe and furnish application forms, licenses,
13and any other forms necessary under this Act.
14    (b) To suspend, revoke, or refuse to issue or renew
15licenses for cause.
16    (c) To conduct hearings concerning the suspension,
17revocation, or refusal to issue or renew licenses.
18    (d) To levy and collect fines pursuant to this Act.
19    (e) To adopt promulgate rules and regulations and
20incorporate standards necessary for the administration of this
21Act and to enforce the rules and standards adopted under the
22Act or its rules.
23    (f) To investigate applications, complaints, and
24allegations of violations associated with this Act.
25    (g) To establish fee schedules for licenses.

 

 

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1    (h) To establish a database of licensed fire sprinkler
2contractors and licensed fire sprinkler inspectors.
3(Source: P.A. 92-871, eff. 1-3-03.)
 
4    (225 ILCS 317/55)
5    Sec. 55. Rules; public hearing. Subject to the requirement
6for public hearings as provided in this Section, the Office
7State Fire Marshal shall promulgate, publish, and adopt, and
8may, from time to time, amend such rules as may be necessary
9for the proper enforcement of this Act, to protect the health
10and safety of the public. The Office State Fire Marshal shall
11hold a public hearing prior to the adoption or amendment of
12rules required under this Act. The Office State Fire Marshal
13may, when necessary, utilize the services of any other State
14agency to assist in carrying out the purposes of this Act.
15(Source: P.A. 92-871, eff. 1-3-03.)
 
16    (225 ILCS 317/60)
17    Sec. 60. Grounds for disciplinary action. The following
18constitute grounds for disciplinary action by the Office State
19Fire Marshal:
20    (1) Violation of any provision of this Act or rules or
21standards adopted under this Act or its rules or of any rule
22adopted pursuant thereto.
23    (2) Violation of the applicable building, fire, or life
24safety codes or laws of this State or any municipality or

 

 

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1county thereof.
2    (3) Diversion of funds or property received for
3prosecution or completion of a specified construction project
4or operation when, as a result of the diversion, the
5contractor is, or will be, unable to fulfill the terms of his
6or her her or his obligation or contract.
7    (4) Any final disciplinary Disciplinary action by any
8municipality or county of this State, which action shall be
9reviewed by the Office State Fire Marshal before the Office
10takes taking any disciplinary action.
11    (5) Failure to supervise the service installation of the
12fire sprinkler protection system performed covered by the
13installation permit signed by the contractor.
14    (6) Rendering a fire sprinkler protection system,
15standpipe system, or underground water supply main connecting
16to the system inoperative except when the fire sprinkler
17protection system, standpipe system, or underground water
18supply main is being serviced inspected, serviced, tested, or
19repaired or pursuant to court order.
20    (7) Improperly servicing, repairing, testing, or
21inspecting a fire sprinkler protection system, standpipe
22system, or underground water supply main connecting to the
23system based upon applicable standards of this Act or as
24adopted by rule.
25    (8) Failing to provide proof of insurance to the Office
26State Fire Marshal or failing to maintain in force the

 

 

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1insurance coverage required by this Act.
2    (9) Failing to obtain, retain, or maintain one or more of
3the qualifications for a designated certified person or
4responsible managing employee as specified in this Act.
5    (10) Making a material misstatement or misrepresentation
6or committing a fraud in obtaining or attempting to obtain a
7license.
8    (11) Failing to notify the Office State Fire Marshal, in
9writing, within 30 days after a change of residence address,
10principal business address, or name, or designated certified
11person or responsible managing employee.
12    (12) Failure to supply within a reasonable time, upon
13request from the Office State Fire Marshal or its authorized
14representative, true information regarding material used, work
15performed, or other information essential to the
16administration of this Act.
17    (13) Aiding or assisting abetting a person to violate any
18a provision of this Act or its rules, or conspiring with any
19person to violate any a provision of this Act or its rules , or
20allowing a license to be used by another person.
21    (14) Discipline by another U.S. jurisdiction if at least
22one of the grounds for the discipline is the same or
23substantially equivalent to those set forth in this Section.
24    (15) Improperly advertising services for installing,
25maintaining, servicing, repairing, testing, or inspecting a
26fire sprinkler system.

 

 

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1    (16) Making a material misstatement or misrepresentation
2or committing fraud in the installation, repair, inspection,
3testing, maintenance, or service of a fire sprinkler system,
4standpipe system, or underground water supply main connecting
5to the system.
6    (17) Conviction by plea of guilty or nolo contendere,
7finding of guilt, jury verdict, or entry of judgment or by
8sentencing of any crime, including, but not limited to,
9convictions, preceding sentences of supervision, conditional
10discharge, or first offender probation, under the laws of any
11jurisdiction of the United States that is a felony or
12misdemeanor, an essential element of which is dishonesty, or
13that is directly related to the business practices or the
14installation, repair, inspection, testing, maintenance, or
15service of a fire sprinkler system, standpipe system, or
16underground water supply main connecting to the system.
17    (18) Directly or indirectly willfully receiving
18compensation for any professional service related to the
19license, not properly or actually rendered, including
20inspections.
21    (19) Permitting the use of a license issued under this Act
22to enable an unlicensed person or agency to operate as a
23licensee.
24    (20) Use of a license or license number issued under this
25Act by an unlicensed person to operate as a licensee.
26(Source: P.A. 92-871, eff. 1-3-03.)
 

 

 

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1    (225 ILCS 317/62 new)
2    Sec. 62. Unlicensed practice; violation; civil penalty.
3    (a) Any person, entity, or business that offers fire
4sprinkler contractor services under this Act without being
5licensed or exempt under this Act shall, in addition to any
6other penalty provided by law, pay a civil penalty, which
7shall be deposited into the Fire Prevention Fund, in an amount
8not to exceed $10,000 for each offense, as determined by the
9Office. The civil penalty shall be assessed by the Office
10after a hearing is held in accordance with the provisions of
11this Act regarding the provision of a hearing for the
12discipline of a licensee.
13    (b) Use of the title "fire sprinkler inspector" is limited
14to those individuals licensed under this Act. Any person who
15practices, offers to practice, attempts to practice, or holds
16himself or herself out to practice as a fire sprinkler
17inspector without being licensed or exempt under this Act
18shall, in addition to any other penalty provided by law, pay a
19civil penalty, which shall be deposited into the Fire
20Prevention Fund, in an amount not to exceed $10,000 for each
21offense, as determined by the Office. The civil penalty shall
22be assessed by the Office after a hearing is held in accordance
23with the provisions of this Act regarding the provision of a
24hearing for the discipline of a licensee.
25    (c) The Office may investigate any actual, alleged, or

 

 

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1suspected unlicensed activity.
2    (d) The civil penalty shall be paid within 60 days after
3the effective date of the order imposing the civil penalty.
4The order shall constitute a final judgment and may be filed
5and execution had thereon in the same manner as any judgment
6from any court of record.
 
7    (225 ILCS 317/65)
8    Sec. 65. Notice; administrative action; suspension,
9revocation, or refusal to renew a license.
10    (a) Whenever the Office State Fire Marshal determines that
11there are reasonable grounds to believe that a licensee has
12violated a provision of this Act or the rules or standards
13adopted under this Act or its rules, the Office State Fire
14Marshal shall give notice of the alleged violation to the
15person whom the license was issued. The notice shall (i)  be
16in writing and ; (ii) include a statement of the alleged
17violation which necessitates issuance of the notice; (iii)
18contain an outline of remedial action that, if taken, will
19effect compliance with the provisions of this Act and the
20rules adopted under this Act; (iv) prescribe a reasonable
21time, as determined by the State Fire Marshal, for the
22performance of any action required by the notice; and (v) be
23served upon the licensee. The notice shall be deemed to have
24been properly served upon the person when a copy of the notice
25has been sent by registered or certified mail to the person's

 

 

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1his or her last known address as furnished to the Office State
2Fire Marshal or when the person he or she has been served the
3notice by any other method authorized by law.
4    (b) If the person to whom the notice is served does not
5abate the violation comply with the terms of the notice within
6the time limitations specified in the notice, the Office State
7Fire Marshal may proceed with action, including civil and
8administrative fines, penalties, suspension, revocation, and
9refusal to suspend, revoke, or refuse to issue or renew a
10license as provided in this Act Section.
11    (c) (Blank). Other requirements of this Act
12notwithstanding, when the State Fire Marshal determines that
13reasonable grounds exist to indicate that a violation of this
14Act has been committed and the violation is the third separate
15violation by that person in an 18-month period, the notice
16requirement of subsection (a) of this Section is waived and
17the State Fire Marshal may proceed immediately with action to
18suspend, revoke, or refuse to issue a license.
19    (d) In any proceeding to administratively fine, penalize,
20suspend, revoke, or refuse to issue or renew a license, the
21Office State Fire Marshal shall first serve or cause to be
22served upon the person licensee a written notice of the
23Office's State Fire Marshal's intent to take action. The
24notice shall specify the way in which the person has failed to
25comply with this Act or any other rules or standards of the
26Office State Fire Marshal. The notice shall be deemed to have

 

 

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1been properly served upon the person when a copy of the notice
2has been sent by registered or certified mail to the person's
3last known address as furnished to the Office or when the
4person has been served the notice by any other method
5authorized by law.
6    (e) In the case of revocation or suspension, the notice
7shall require the person to remove or abate the violation or
8objectionable condition specified in the notice within 10 5
9days. The Office State Fire Marshal may specify a longer
10period of time as it deems necessary. If the person fails to
11comply with the terms and conditions of the revocation or
12suspension notice within the time specified by the Office
13State Fire Marshal, the Office State Fire Marshal may
14summarily revoke or suspend the license.
15    (f) If In the case of refusal to issue a license, if the
16person has violated or fails to comply with the Act or rules or
17standards adopted promulgated under this the Act or its rules,
18the Office State Fire Marshal may refuse to issue or renew a
19license.
20(Source: P.A. 92-871, eff. 1-3-03.)
 
21    (225 ILCS 317/70)
22    Sec. 70. Administrative hearing. The Office State Fire
23Marshal shall give written notice by certified or registered
24mail to an applicant, or licensee, or person of the Office's
25State Fire Marshal's intent to suspend, revoke, or refuse to

 

 

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1issue or renew a license or to assess a fine. Such person has a
2right to a hearing before the Office State Fire Marshal. A
3written notice of a request for a hearing shall be served on
4the Office State Fire Marshal within 10 days of notice of the
5refusal, suspension, or revocation of a license or imposition
6of a fine. The hearing shall be conducted by the Office State
7Fire Marshal or a hearing officer designated in writing by the
8Office State Fire Marshal. A stenographic record shall be made
9of the hearing and the cost of the hearing shall be borne by
10the Office State Fire Marshal. A transcript of the hearing
11shall be made only upon request of the applicant, or licensee,
12or person and shall be transcribed at the cost of that person.
13(Source: P.A. 92-871, eff. 1-3-03.)
 
14    (225 ILCS 317/75)
15    Sec. 75. Subpoena powers; administration of oath. The
16Office State Fire Marshal or hearing officer may compel by
17subpoena or subpoena duces tecum the attendance and testimony
18of witnesses and the production of books and papers. All
19subpoenas issued by the Office State Fire Marshal or hearing
20officer may be served as provided for in a civil action. The
21fees of witnesses for attendance and travel shall be the same
22as the fees for witnesses before the circuit court and shall be
23paid by the party at whose request the subpoena is issued. If
24such subpoena is issued at the request of the Office State Fire
25Marshal, the witness fee shall be paid as an administrative

 

 

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1expense.
2    In the case of refusal of a witness to attend or testify or
3to produce books or papers concerning any matter upon which he
4or she might be lawfully examined, the circuit court of the
5county where the hearing is held, upon application of any
6party to the proceeding, may compel obedience by a proceeding
7for contempt.
8    The Office State Fire Marshal or hearing officer has the
9authority to administer oaths to witnesses.
10(Source: P.A. 92-871, eff. 1-3-03.)
 
11    (225 ILCS 317/80)
12    Sec. 80. Deposition of witnesses; testimony at hearing
13recorded. In the event of the inability of any party or the
14Office State Fire Marshal to procure the attendance of
15witnesses to give testimony or produce books and papers, the
16party or the Office State Fire Marshal may take the deposition
17of witnesses in accordance with the laws of this State. All
18testimony taken at a hearing shall be reduced to writing and
19all such testimony and other evidence introduced at the
20hearing shall be a part of the record of the hearing.
21(Source: P.A. 92-871, eff. 1-3-03.)
 
22    (225 ILCS 317/85)
23    Sec. 85. Certification of record. The Office State Fire
24Marshal is not required to certify any record or file any

 

 

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1answer or otherwise appear in any proceeding for judicial
2review unless the party filing the complaint deposits with the
3clerk of the court the sum of one dollar per page representing
4the costs of the certification. Failure on the part of the
5plaintiff to make the deposit shall be grounds for dismissal
6of the action.
7(Source: P.A. 92-871, eff. 1-3-03.)
 
8    (225 ILCS 317/90)
9    Sec. 90. Injunction. Unlicensed, faulty, or noncompliant
10Faulty fire sprinkler installation, and repair, inspection,
11testing, maintenance, and service is declared a violation of
12this Act and inimical to the public health, welfare, and
13safety and a deceptive business practice. If any person
14violates the provisions of this Act, the Office may, in the
15name of the People of the State of Illinois, through the
16Attorney General, petition, in a circuit court of competent
17jurisdiction, for an order enjoining such violation or for an
18order enforcing compliance with this Act. Upon the filing of a
19verified petition in such court, the court may issue a
20temporary restraining order, without notice or bond, and may
21preliminarily and permanently enjoin such violation, and if it
22is established that such person has violated or is violating
23the injunction the court may punish the offender for contempt
24of court. Proceedings under this Section shall be in addition
25to, and not in lieu of, all other remedies and penalties

 

 

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1provided by this Act The State Fire Marshal, in the name of the
2People of the State, through the Attorney General or the
3State's Attorney of the county in which the violation occurs
4may, in addition to other remedies herein provided, bring an
5action for an injunction to restrain such violation or enjoin
6the future performance of the person who committed the
7violation until compliance with the provisions of this Act has
8been obtained.
9(Source: P.A. 92-871, eff. 1-3-03.)
 
10    (225 ILCS 317/95)
11    Sec. 95. Penalty. Any person who violates this Act or any
12rule adopted by the Office State Fire Marshal, or who violates
13any determination or order of the Office State Fire Marshal
14under this Act shall be guilty of a Class A misdemeanor and
15shall be fined a sum not less than $100.
16    Each day's violation constitutes a separate offense. The
17State's Attorney of the county in which the violation occurred
18or the Attorney General shall bring such actions in the name of
19the people of the State of Illinois.
20(Source: P.A. 92-871, eff. 1-3-03.)
 
21    (225 ILCS 317/100)
22    Sec. 100. Administrative civil fines. The Office State
23Fire Marshal is empowered to assess administrative civil fines
24against a licensee for violations of this Act or its rules.

 

 

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1These fines shall not be greater than $1,000 for each offense.
2These fines shall be in addition to, or in lieu of, license
3suspensions and revocations. Rules to implement this Section
4shall be adopted by the Office State Fire Marshal within 6
5months after the effective date of this Act.
6    The hearing officer shall, upon determination that a
7violation of the Act or rules has occurred, determine the
8amount of these fines. Any fine assessed and not paid within 60
9days after receiving notice of the fine from the Office State
10Fire Marshal may be submitted to the Attorney General's office
11for collection. Failure to pay a fine shall also be grounds for
12immediate suspension or revocation of a license issued under
13this Act.
14(Source: P.A. 92-871, eff. 1-3-03.)
 
15    (225 ILCS 317/105)
16    Sec. 105. Judicial review of final administrative
17decision. The Administrative Review Law and the rules adopted
18under the Administrative Review Law apply to and govern all
19proceedings for judicial review of final administrative
20decisions of the Office State Fire Marshal under this Act.
21Such judicial review shall be had in the circuit court of the
22county in which the cause of the action arose. The term
23"administrative decision" is defined in Section 3-101 of the
24Code of Civil Procedure.
25(Source: P.A. 92-871, eff. 1-3-03.)
 

 

 

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1    (225 ILCS 317/110)
2    Sec. 110. Illinois Administrative Procedure Act. The
3provisions of the Illinois Administrative Procedure Act are
4hereby expressly adopted and shall apply to all administrative
5rules and procedures of the Office State Fire Marshal under
6this Act, except that, in the case of conflict between the
7Illinois Administrative Procedure Act and this Act, the
8provisions of this Act shall control, and except that Section
95-35 of the Illinois Administrative Procedure Act relating to
10procedures for rule-making does not apply to the adoption of
11any rule required by federal law in connection with which the
12Office State Fire Marshal is precluded by law from exercising
13any discretion.
14(Source: P.A. 92-871, eff. 1-3-03.)
 
15    (225 ILCS 317/116 new)
16    Sec. 116. Exceptions.
17    (a) The provisions of this Act do not apply to facilities
18licensed by the Nuclear Regulatory Commission under the
19provisions of 10 CFR 50 or 10 CFR 52 or their employees while
20engaged in the performance of their official duties.
21    (b) The provisions of this Act do not apply to a
22professional engineer who is operating within the scope of the
23Professional Engineering Practice Act of 1989 or an architect
24who is operating within the scope of the Illinois Architecture

 

 

HB3714 Enrolled- 39 -LRB102 03960 SPS 13976 b

1Practice Act of 1989.
 
2    (225 ILCS 317/120)
3    Sec. 120. Grandfather clause. Any person or business that,
4as of January 3, 2003 was the effective date of this Act, is
5installing or repairing fire sprinkler systems in the State of
6Illinois and had has a minimum of 3 years of experience in
7installing or repairing fire sprinkler systems before January
83, 2003 is exempt from having a designated certified person as
9required in Section 20. A fire sprinkler contractor that is
10exempt from having a designated certified person shall have a
11responsible managing employee.
12    Beginning July 1, 2021, no person or business organization
13shall be issued an initial fire sprinkler contractor license
14using such exemption.
15(Source: P.A. 92-871, eff. 1-3-03.)
 
16    (225 ILCS 317/25 rep.)
17    Section 10. The Fire Sprinkler Contractor Licensing Act is
18amended by repealing Section 25.
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.