Illinois General Assembly - Full Text of HB3714
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Full Text of HB3714  102nd General Assembly

HB3714sam002 102ND GENERAL ASSEMBLY

Sen. Emil Jones, III

Filed: 5/28/2021

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3714

2    AMENDMENT NO. ______. Amend House Bill 3714, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Fire Sprinkler Contractor Licensing Act is
6amended by changing Sections 5, 10, 12, 15, 20, 30, 35, 40, 45,
750, 55, 60, 65, 70, 75, 80, 85, 90, 95, 100, 105, 110, and 120
8and by adding Sections 14, 16, 17, 22, 31, 62, and 116 as
9follows:
 
10    (225 ILCS 317/5)
11    Sec. 5. Legislative intent. It is declared that within the
12State of Illinois there are, and may continue to be, locations
13where the improper service installation or repair of fire
14sprinkler systems and associated components creates conditions
15that may adversely affect the public health and general
16welfare. Therefore, the purpose of this Act is to protect,

 

 

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1promote, and preserve the public health and general welfare by
2providing for the State administrative control, supervision,
3licensure, and regulation of persons involved in the service
4of fire sprinkler systems, ensuring that those who hold
5themselves out as possessing professional qualifications to
6engage in service of fire sprinkler systems are qualified to
7render service, and providing for the high standards of
8professional conduct by those licensed to service fire
9sprinkler systems. This Act shall be liberally construed to
10promote the public interest and to accomplish the purpose
11stated in this Section. establishment of minimum standards for
12licensure of fire sprinkler installation contractors.
13(Source: P.A. 92-871, eff. 1-3-03.)
 
14    (225 ILCS 317/10)
15    Sec. 10. Definitions. As used in this Act, unless the
16context otherwise requires:
17    "Designated certified person" means an individual who has
18met the qualifications set forth under Section 20 of this Act.
19    "Fire protection system layout documents" means layout
20drawings, catalog information on standard products, and other
21construction data that provide detail on the location of
22risers, cross mains, branch lines, sprinklers, piping per
23applicable standard, and hanger locations. "Fire protection
24system layout documents" serve as a guide for fabrication and
25installation of a fire sprinkler system and shall be based

 

 

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1upon applicable standards pursuant to Section 30 of this Act.
2    "Fire sprinkler contractor" means a person who holds
3himself or herself out to be in the business of providing
4service for a fire sprinkler system or contracts with a person
5to provide service for install or repair a fire sprinkler
6system.
7    "Fire sprinkler contractor license" means a license issued
8to a qualified fire sprinkler contractor.
9    "Fire sprinkler inspector" means an individual who is
10qualified to perform routine inspection or testing of fire
11sprinkler systems pursuant to Section 17 and who is employed
12or contracted by a fire sprinkler contractor.
13    "Fire sprinkler inspector license" means a license issued
14to a qualified fire sprinkler inspector.
15    "Fire sprinkler system" means any water-based automatic
16fire extinguishing system employing fire sprinklers, including
17accessory fire pumps and associated piping, fire standpipes,
18or underground fire main systems starting at the connection to
19the water service after the approved backflow device is
20installed under the requirements of the Illinois Plumbing Code
21and ending at the most remote fire sprinkler. "Fire sprinkler
22system" includes but is not limited to a fire sprinkler system
23in a residential, commercial, institutional, educational,
24public, or private occupancy. "Fire sprinkler system" does not
25include single sprinkler heads that are in a loop of the
26potable water system, as referenced in 77 Ill. Adm. Code

 

 

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1890.1130 and 890.1200.
2    "Licensee" means a person or business organization
3licensed in accordance with this Act.
4    "NICET" means the National Institute for Certification in
5Engineering Technologies.
6    "Office" means the Office of the State Fire Marshal.
7    "Person" means an individual, group of individuals,
8association, trust, partnership, corporation, limited
9liability company, firm, business, person doing business under
10an assumed name, the State of Illinois, or department thereof,
11any other state-owned and operated institution, or any other
12entity.
13    "Responsible managing employee" means the individual
14designated by the fire sprinkler contractor that is not
15required to have a designated certified person under Section
16120.
17    "Routine inspection or testing" means inspection or
18testing to verify the condition of an existing fire sprinkler
19system at predetermined intervals in accordance with the
20standards of the National Fire Protection Association.
21    "Rules" means the rules adopted pursuant to this Act.
22    "Service" means work on a fire sprinkler system,
23including, but not limited to, installation, repair,
24inspection, testing, and maintenance, within the scope of this
25Act.
26    "Standards" means those standards or codes referenced in

 

 

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1this Act or its rules.
2    "Supervision" means the direction and management by a
3designated certified person or responsible managing employee
4of the activities of non-certified personnel in the service
5installation or repair of fire sprinkler systems.
6(Source: P.A. 94-367, eff. 1-1-06.)
 
7    (225 ILCS 317/12)
8    Sec. 12. Licenses License; enforcement; failure to pay
9tax. No person shall act as a licensee fire sprinkler
10contractor, or advertise or assume to act as such, or use any
11title implying that such person is engaged in such practice or
12occupation unless licensed by the Office State Fire Marshal.
13    No person firm, association, or corporation shall act as
14an agency licensed under this Act, or advertise or assume to
15act as such, or use any title implying that the person firm,
16association, or corporation is engaged in such practice,
17unless licensed by the Office State Fire Marshal.
18    The Office State Fire Marshal, in the name of the People
19and through the Attorney General, the State's Attorney of any
20county, any resident of the State, or any legal entity within
21the State may apply for injunctive relief in any court to
22enjoin any person who has not been issued a license or whose
23license has been suspended, revoked, or not renewed from
24practicing a licensed activity, and upon the filing of a
25verified petition, the court, if satisfied by affidavit or

 

 

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1otherwise, that such person is or has been practicing in
2violation of this Act may enter a temporary restraining order
3or preliminary injunction, without bond, enjoining the
4defendant from such further activity. A copy of the verified
5complaint shall be served upon the defendant and the
6proceedings shall thereafter be conducted as in other civil
7cases. If it is established that the defendant has been or is
8practicing in violation of this Act, the court may enter a
9judgment perpetually enjoining the defendant from such further
10activity. In case of violation of any injunctive order or
11judgment entered under the provisions of this Section, the
12court may summarily try and, if found in violation of the
13injunctive order, punish the offender for contempt of court.
14Such injunctive proceeding shall be in addition to all
15penalties and other remedies in this Act.
16    The Office State Fire Marshal may refuse to issue a
17license to, or may suspend the license of, any person who fails
18to file a return, to pay the tax, penalty, or interest shown in
19a filed return, or to pay any final assessment of tax, penalty,
20or interest, as required by any tax Act administered by the
21Illinois Department of Revenue, until such time as the
22requirements of any such tax Act are satisfied.
23(Source: P.A. 92-871, eff. 1-3-03.)
 
24    (225 ILCS 317/14 new)
25    Sec. 14. Fire protection system layout documents. All fire

 

 

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1protection system layout documents of fire sprinkler systems
2shall be prepared by: (1) a professional engineer who is
3licensed under the Professional Engineering Practice Act of
41989, (2) an architect who is licensed under the Illinois
5Architecture Practice Act of 1989, or (3) a holder of a valid
6NICET Level III or IV certification in water-based fire
7protection systems layout who is either licensed under this
8Act or employed by an organization licensed under this Act.
 
9    (225 ILCS 317/15)
10    Sec. 15. Licensing requirements.
11    (a) It shall be unlawful for any person or business to
12engage in, advertise, or hold itself out to be in the business
13of providing service for installing or repairing fire
14sprinkler systems in this State after 6 months after the
15effective date of this Act, unless such person or business is
16licensed by the Office State Fire Marshal.
17    (b) Applications for initial licensure and renewal shall
18be made to the Office on forms or electronically as prescribed
19by the Office, and applicants shall pay the license fee. In
20order to obtain a license, a person or business must submit an
21application to the State Fire Marshal, on a form provided by
22the State Fire Marshal containing the information prescribed,
23along with the application fee.
24    (c) A business applying for a license must have a
25designated certified person employed at the business location

 

 

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1and the designated certified person shall be identified on the
2license application.
3    (d) A person or business applying for a license must show
4proof of having liability and property damage insurance in
5such amounts and under such circumstances as may be determined
6by the State Fire Marshal. The amount of liability and
7property damage insurance, however, shall not be less than the
8amount specified in Section 35 of this Act.
9    (e) A person or business applying for a license must show
10proof of having workers' compensation insurance covering its
11employees or be approved as a self-insurer of workers'
12compensation in accordance with the laws of this State.
13    (f) A person or business so licensed shall have a separate
14license for each business location within the State or outside
15the State when the business location is responsible for any
16installation or repair of fire sprinkler systems performed
17within the State.
18    (g) When an individual proposes to do business in her or
19his own name, a license, when granted, shall be issued only to
20that individual.
21    (h) 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 such other legal entity and its members and shall
2furnish evidence of statutory compliance if a fictitious name
3is used. Such application shall also show that the business
4entity employs a designated certified person as required under
5Section 20. The license, when issued upon application of a
6business organization, shall be in the name of the business
7organization and the name of the qualifying designated
8certified person shall be noted thereon.
9    (c) (i) No license is required for a person or business
10that is engaged in the installation of fire sprinkler systems
11only in single-family single family or multiple-family
12multiple family residential dwellings up to and including 8
13family units that do not exceed 2 1/2 stories in height from
14the lowest grade level.
15    (j) All fire protection system layout documents of fire
16sprinkler systems, as defined in Section 10 of this Act, shall
17be prepared by (i) a professional engineer who is licensed
18under the Professional Engineering Practice Act of 1989, (ii)
19an architect who is licensed under the Illinois Architecture
20Practice Act of 1989, or (iii) a holder of a valid NICET level
213 or 4 certification in fire protection technology automatic
22sprinkler system layout who is either licensed under this Act
23or employed by an organization licensed under this Act.
24(Source: P.A. 97-112, eff. 7-14-11.)
 
25    (225 ILCS 317/16 new)

 

 

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1    Sec. 16. Fire sprinkler contractor license.
2    (a) A person applying for a fire sprinkler contractor
3license shall have a designated certified person who meets the
4requirements pursuant to Section 20 or a responsible managing
5employee pursuant to Section 120 employed at the business
6location. The designated certified person or responsible
7managing employee shall be identified on the license
8application.
9    (b) A person applying for a fire sprinkler contractor
10license shall show proof of having liability and property
11damage insurance in such amounts and under such circumstances
12as may be determined by the Office. The amount of liability and
13property damage insurance, however, shall not be less than the
14amount specified in Section 35.
15    (c) A person applying for a fire sprinkler contractor
16license shall show proof of having workers' compensation
17insurance covering its employees or be approved as a
18self-insurer of workers' compensation in accordance with the
19laws of this State.
20    (d) A fire sprinkler contractor licensee shall have a
21separate license for each business location within the State
22or outside the State when the business location is responsible
23for any installation, repair, inspection, testing,
24maintenance, or service of fire sprinkler systems performed
25within the State.
26    (e) When an individual proposes to do business in his or

 

 

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1her own name, a license, when granted, shall be issued only to
2that individual.
3    (f) If the applicant requesting licensure to engage in
4contracting is a business organization, such as a partnership,
5corporation, business trust, or other legal entity, the
6application shall state the name of the partnership and its
7partners, the name of the corporation and its officers and
8directors, the name of the business trust and its trustees, or
9the name of the other legal entity and its members and shall
10furnish evidence of statutory compliance if a fictitious name
11is used. Application for a fire sprinkler contractor license
12shall also show that the business entity employs a designated
13certified person or responsible managing employee. The
14license, when issued upon application of a business
15organization, shall be in the name of the business
16organization and the name of the qualifying designated
17certified person or responsible managing employee shall be
18noted on the license. Changes to the information required in
19this Section shall be reported to the Office within 30 days
20after the change.
21    (g) Each fire sprinkler contractor shall be subject to
22requirements for license renewal and continuing education
23under Section 35.
 
24    (225 ILCS 317/17 new)
25    Sec. 17. Fire sprinkler inspector license; application;

 

 

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1minimum qualifications for routine inspection or testing.
2    (a) Any individual who performs routine inspection or
3testing of any fire sprinkler system under this Act shall: (i)
4be employed by a licensed fire sprinkler contractor; and (ii)
5meet the minimum qualifications of this Section except where
6the individual is exempted by subsection (c).
7    Beginning January 1, 2024, any individual who performs
8routine inspection or testing of any fire sprinkler system
9under this Act shall be individually licensed and possess on
10his or her person a fire sprinkler inspector license including
11a photo identification issued by the Office.
12    A person applying for an initial fire sprinkler inspector
13license or renewing a fire sprinkler inspector license shall
14demonstrate to the Office proof of minimum qualifications as
15required by subsection (b) of this Section, except where the
16individual is exempted by subsection (c).
17    (b) Any individual who performs routine inspection or
18testing of any fire sprinkler system under this Act shall
19possess proof of:
20        (1) current certification by a nationally recognized
21    certification organization, such as NICET certification in
22    Inspection and Testing of Water Based Systems, at an
23    appropriate level, or the equivalent; on or after the
24    effective date of this amendatory Act of the 102nd General
25    assembly through December 31, 2022, an appropriate level
26    in NICET certification in Inspection and Testing of Water

 

 

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1    Based Systems shall be level II; on and after January 1,
2    2023, an appropriate level in NICET certification in
3    Inspection and Testing of Water Based Systems shall be
4    level III;
5        (2) current ASSE 15010 certification in inspection,
6    testing, and maintenance for water-based fire protection
7    systems by the American Society of Sanitary Engineering;
8    or
9        (3) satisfactory completion of a certified sprinkler
10    fitter apprenticeship program approved by the U.S.
11    Department of Labor.
12    (c) The following are exemptions to the licensing
13requirements of this Section:
14        (1) State employees who perform routine inspection or
15    testing on behalf of State institutions and who meet the
16    requirements of subsection (b) need not be licensed under
17    this Section or employed by a fire sprinkler contractor
18    under this Act in order to perform routine inspection or
19    testing duties while engaged in the performance of their
20    official duties.
21        (2) The requirements of this Section do not apply to
22    individuals performing inspection or testing of fire
23    sprinkler systems on behalf of a municipality, a county, a
24    fire department, a fire protection district, or the Office
25    while engaged in the performance of their official duties.
26        (3) The requirements of this Section do not apply to a

 

 

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1    stationary engineer, operating engineer, or other
2    individual employed on a full-time basis by the facility
3    owner or owner's representative performing weekly and
4    monthly inspections and tests in accordance with
5    applicable standards adopted under the rules.
6    (d) Each fire sprinkler inspector shall be subject to the
7requirements for license renewal and continuing education
8under Section 35.
 
9    (225 ILCS 317/20)
10    Sec. 20. Designated certified person requirements; change
11of a designated certified person.
12    (a) A designated certified person shall must either be a
13current Illinois licensed professional engineer pursuant to
14the Professional Engineering Practice Act of 1989 or hold a
15valid NICET Level III level 3 or higher certification in
16water-based fire protection systems layout "fire protection
17technology, automatic sprinkler system layout".
18    (b) At least one member of every firm, association, or
19partnership and at least one corporate officer of every
20corporation engaged in the service installation and repair of
21fire sprinkler systems shall must be a designated certified
22person.
23    (c) A designated certified person shall must be employed
24by the fire sprinkler contractor licensee at each a business
25location with a valid license.

 

 

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1    (d) A designated certified person shall must perform his
2or her normal duties at a business location with a valid
3license.
4    (e) A designated certified person may only be the
5designated certified person for one business location and one
6business entity.
7    (f) A designated certified person shall must be directly
8involved in supervision. The designated certified person does
9not, however, have to be at the site of the service
10installation or repair of the fire sprinkler system at all
11times.
12    (g) A designated certified person shall provide an
13affirmative statement acknowledging his or her role as the
14designated certified person for the fire sprinkler contractor.
15    (h) When a fire sprinkler contractor is without a
16designated certified person, the fire sprinkler contractor
17shall notify the Office in writing within 30 days and shall
18employ a designated certified person no later than 180 days
19from the time the position of designated certified person
20becomes vacant. Failing to fill the vacant position shall
21cause the fire sprinkler contractor license to expire without
22further operation of law.
23(Source: P.A. 92-871, eff. 1-3-03.)
 
24    (225 ILCS 317/22 new)
25    Sec. 22. Licenses; photo exemption. An applicant who is 21

 

 

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1years of age or older seeking a religious exemption to the
2requirement under this Act that all licenses contain the
3licensees' photo shall furnish with his or her application an
4approved copy of United States Department of the Treasury
5Internal Revenue Service Form 4029. Regardless of age, an
6applicant seeking a religious exemption to this photo
7requirement shall submit fingerprints in a form and manner
8prescribed by the Office with his or her application in lieu of
9a photo.
 
10    (225 ILCS 317/30)
11    Sec. 30. Requirements for the service installation,
12repair, inspection, and testing of fire sprinkler protection
13systems.
14    (a) Equipment shall be listed by a nationally recognized
15testing laboratory, such as Underwriters Laboratories, Inc. or
16Factory Mutual Laboratories, Inc., or shall comply with
17nationally accepted standards. The Office State Fire Marshal
18shall adopt by rule procedures for determining whether a
19laboratory is nationally recognized, taking into account the
20laboratory's facilities, procedures, use of nationally
21recognized standards, and any other criteria reasonably
22calculated to reach an informed determination.
23    (b) Service for equipment Equipment shall be provided
24installed in accordance with the applicable standards as
25adopted in the rules of the National Fire Protection

 

 

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1Association and the manufacturer's specifications.
2    (c) The contractor shall furnish the user with operating
3instructions for all equipment installed, together with
4as-built plans a diagram of the final installation.
5    (d) All fire sprinkler systems shall have a backflow
6prevention device or, in a municipality with a population over
7500,000, a double detector check assembly installed by a
8licensed plumber before the fire sprinkler system connection
9to the water service. Connection to the backflow prevention
10device or, in a municipality with a population over 500,000, a
11double detector assembly shall be done in a manner consistent
12with the Department of Public Health's Plumbing Code.
13    (e) (Blank). This licensing Act is not intended to require
14any additional fire inspections at State level.
15    (f) Routine inspection or Before January 1, 2022,
16inspection and testing of existing fire sprinkler systems and
17control equipment shall must be performed by an individual
18qualified under Section 17 a licensee or an individual
19employed or contracted by a licensee. A copy of the inspection
20report for routine inspection or testing of a fire sprinkler
21system shall be sent to the local fire jurisdiction as
22provided by Section 31. Any individual who performs inspection
23and testing duties under this subsection (f) must possess
24proof of (i) certification by a nationally recognized
25certification organization at an appropriate level, such as
26NICET Level II in Inspection and Testing of Water Based

 

 

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

 

 

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1number for "inspection, testing and maintenance for
2water-based fire protection systems", or journeymen number of
3the person performing the inspection.
4    After December 31, 2021, inspection and testing of
5existing fire sprinkler systems and control equipment must be
6performed by a licensee or an individual employed or
7contracted by a licensee. Any individual who performs
8inspection and testing duties under this subsection (f) must
9possess proof of (i) certification by a nationally recognized
10certification organization at an appropriate level, such as
11NICET Level III in Inspection and Testing of Water Based
12Systems or the equivalent, (ii) a valid ASSE 15010
13certification in "inspection, testing and maintenance for
14water-based fire protection systems", or (iii) satisfactory
15completion of a certified sprinkler fitter apprenticeship
16program approved by the United States Department of Labor.
17State employees who perform inspections and testing on behalf
18of State institutions and who meet all other requirements of
19this subsection (f) need not be licensed under this Act or
20employed by a licensee under this Act in order to perform
21inspection and testing duties under this subsection (f). The
22requirements of this subsection (f) do not apply to
23individuals performing inspections or testing of fire
24sprinkler systems on behalf of a municipality, a county, a
25fire protection district, or the Office of the State Fire
26Marshal. This subsection (f) does not apply to a stationary

 

 

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1engineer, operating engineer, or other individual employed on
2a full-time basis by the facility owner or owner's
3representative performing weekly and monthly inspections and
4tests in accordance with applicable National Fire Protection
5Association standards.
6    After December 31, 2021, a copy of the inspection report
7for an inspection performed pursuant to this subsection (f)
8must be forwarded by the entity performing the inspection to
9the local fire department or fire protection district in which
10the sprinkler system is located. The inspection report must
11include the NICET Level III Inspection and Testing of Water
12Based Systems certification number, ASSE 15010 certification
13number for "inspection, testing and maintenance for
14water-based fire protection systems", or journeymen number of
15the person performing the inspection.
16(Source: P.A. 101-626, eff. 6-1-20.)
 
17    (225 ILCS 317/31 new)
18    Sec. 31. Reporting of routine inspection or testing
19activity. A copy of the inspection report for routine
20inspection or testing of a fire sprinkler system provided by a
21fire sprinkler inspector shall be forwarded by the entity
22performing the routine inspection or testing to the local fire
23jurisdiction in which the fire sprinkler system is located
24within 20 business days after the routine inspection or
25testing or within the time frame required by the local fire

 

 

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1jurisdiction, whichever is less.
2    The report for routine inspection or testing shall
3include: (1) the name and license number of the individual or
4individuals who performed the routine inspection or testing;
5and (2) the name and license number of the fire sprinkler
6contractor by whom the individual or individuals are employed.
 
7    (225 ILCS 317/35)
8    Sec. 35. Fees, renewals, continuing education, and
9required insurance.
10    (a) The fees for an initial original license and each
11renewal and for duplicate copies of licenses shall be
12determined by the Office State Fire Marshal by rule.
13    (b) Each license shall must be renewed every 2 years. Each
14licensee shall must complete at least 16 hours of continuing
15education in the 2-year period following the licensee's his or
16her renewal or initial licensure, with at least 8 hours of
17continuing education completed during each year of the current
18license after the effective date of this amendatory Act of the
1997th General Assembly.
20    To satisfy the continuing education requirement for fire
21sprinkler contractors, continuing education shall be completed
22by the designated certified person or responsible managing
23employee on behalf of the fire sprinkler contractor licensee.
24Current licensure as a professional engineer or proof of
25current NICET certification in Level III or IV certification

 

 

10200HB3714sam002- 22 -LRB102 03960 SPS 27247 a

1in water-based fire protection systems layout shall satisfy
2the continuing education this requirement for designated
3certified persons.
4    Continuing education offered through nationally recognized
5building and fire code organizations and their affiliates;
6nationally recognized fire sprinkler organizations and their
7affiliates; institutions of higher education; educational
8bodies specializing in automatic fire suppression system
9technology; as well as other entities approved by the Office
10State Fire Marshal shall be also acceptable. All continuing
11education entities seeking to be approved providers of
12continuing education shall make application to the Office
13State Fire Marshal and offer programs that:
14        (1) contribute to the advancement, extension, or
15    enhancement of the professional skills or technical
16    knowledge of the licensee in the practice of fire
17    sprinkler contracting; and
18        (2) are developed and presented by persons with
19    education or experience in the subject manner of the
20    program.
21    (c) Any person who fails to file a renewal application by
22the date of expiration of a license shall be assessed a late
23filing fee charge, which shall be determined by the Office
24State Fire Marshal by rule.
25    (d) All fees shall be paid by check or money order. Any fee
26required by this Act is not refundable in the event that the

 

 

10200HB3714sam002- 23 -LRB102 03960 SPS 27247 a

1initial original application or application for renewal is
2denied.
3    (e) Every application for an initial original license or
4renewal of a fire sprinkler contractor license shall be
5accompanied by a certificate of insurance issued by an
6insurance company authorized to do business in the State of
7Illinois or by a risk retention or purchasing group formed
8pursuant to the federal Liability Risk Retention Act of 1986,
9which provides primary, first dollar public liability coverage
10of the applicant or licensee for personal injuries for not
11less than $500,000 per person or $1,000,000 per occurrence,
12and, in addition, for not less than $1,000,000 per occurrence
13for property damage. The insurance policy shall be in effect
14at all times during the license year and a new certificate of
15insurance shall be filed with the Office State Fire Marshal
16within 30 days after the renewal of the insurance policy.
17(Source: P.A. 97-112, eff. 7-14-11.)
 
18    (225 ILCS 317/40)
19    Sec. 40. Deposit of fines and fees; appropriation. All
20administrative civil fines and fees collected pursuant to the
21Act shall be deposited into the Fire Prevention Fund, a
22special fund in the State treasury. The General Assembly shall
23appropriate the amount annually collected as administrative
24civil fines and fees to the State Fire Marshal for the purposes
25of administering this Act.

 

 

10200HB3714sam002- 24 -LRB102 03960 SPS 27247 a

1(Source: P.A. 92-871, eff. 1-3-03.)
 
2    (225 ILCS 317/45)
3    Sec. 45. Home rule. A home rule unit may not regulate the
4service installation and repair of fire sprinkler systems in a
5manner less restrictive than the regulation by the State on
6the service installation and repair of fire sprinkler systems
7under this Act. This Section is a limitation under subsection
8(i) of Section 6 of Article VII of the Illinois Constitution on
9the concurrent exercise by home rule units of powers and
10functions exercised by the State.
11    The changes made to this Section by this amendatory Act of
12the 102nd General Assembly are intended to be a restatement
13and clarification of existing law.
14(Source: P.A. 92-871, eff. 1-3-03.)
 
15    (225 ILCS 317/50)
16    Sec. 50. Powers and duties of the Office State Fire
17Marshal. The Office State Fire Marshal has all of the
18following powers and duties:
19    (a) To prescribe and furnish application forms, licenses,
20and any other forms necessary under this Act.
21    (b) To suspend, revoke, or refuse to issue or renew
22licenses for cause.
23    (c) To conduct hearings concerning the suspension,
24revocation, or refusal to issue or renew licenses.

 

 

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1    (d) To levy and collect fines pursuant to this Act.
2    (e) To adopt promulgate rules and regulations and
3incorporate standards necessary for the administration of this
4Act and to enforce the rules and standards adopted under the
5Act or its rules.
6    (f) To investigate applications, complaints, and
7allegations of violations associated with this Act.
8    (g) To establish fee schedules for licenses.
9    (h) To establish a database of licensed fire sprinkler
10contractors and licensed fire sprinkler inspectors.
11(Source: P.A. 92-871, eff. 1-3-03.)
 
12    (225 ILCS 317/55)
13    Sec. 55. Rules; public hearing. Subject to the requirement
14for public hearings as provided in this Section, the Office
15State Fire Marshal shall promulgate, publish, and adopt, and
16may, from time to time, amend such rules as may be necessary
17for the proper enforcement of this Act, to protect the health
18and safety of the public. The Office State Fire Marshal shall
19hold a public hearing prior to the adoption or amendment of
20rules required under this Act. The Office State Fire Marshal
21may, when necessary, utilize the services of any other State
22agency to assist in carrying out the purposes of this Act.
23(Source: P.A. 92-871, eff. 1-3-03.)
 
24    (225 ILCS 317/60)

 

 

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1    Sec. 60. Grounds for disciplinary action. The following
2constitute grounds for disciplinary action by the Office State
3Fire Marshal:
4    (1) Violation of any provision of this Act or rules or
5standards adopted under this Act or its rules or of any rule
6adopted pursuant thereto.
7    (2) Violation of the applicable building, fire, or life
8safety codes or laws of this State or any municipality or
9county thereof.
10    (3) Diversion of funds or property received for
11prosecution or completion of a specified construction project
12or operation when, as a result of the diversion, the
13contractor is, or will be, unable to fulfill the terms of his
14or her her or his obligation or contract.
15    (4) Any final disciplinary Disciplinary action by any
16municipality or county of this State, which action shall be
17reviewed by the Office State Fire Marshal before the Office
18takes taking any disciplinary action.
19    (5) Failure to supervise the service installation of the
20fire sprinkler protection system performed covered by the
21installation permit signed by the contractor.
22    (6) Rendering a fire sprinkler protection system,
23standpipe system, or underground water supply main connecting
24to the system inoperative except when the fire sprinkler
25protection system, standpipe system, or underground water
26supply main is being serviced inspected, serviced, tested, or

 

 

10200HB3714sam002- 27 -LRB102 03960 SPS 27247 a

1repaired or pursuant to court order.
2    (7) Improperly servicing, repairing, testing, or
3inspecting a fire sprinkler protection system, standpipe
4system, or underground water supply main connecting to the
5system based upon applicable standards of this Act or as
6adopted by rule.
7    (8) Failing to provide proof of insurance to the Office
8State Fire Marshal or failing to maintain in force the
9insurance coverage required by this Act.
10    (9) Failing to obtain, retain, or maintain one or more of
11the qualifications for a designated certified person or
12responsible managing employee as specified in this Act.
13    (10) Making a material misstatement or misrepresentation
14or committing a fraud in obtaining or attempting to obtain a
15license.
16    (11) Failing to notify the Office State Fire Marshal, in
17writing, within 30 days after a change of residence address,
18principal business address, or name, or designated certified
19person or responsible managing employee.
20    (12) Failure to supply within a reasonable time, upon
21request from the Office State Fire Marshal or its authorized
22representative, true information regarding material used, work
23performed, or other information essential to the
24administration of this Act.
25    (13) Aiding or assisting abetting a person to violate any
26a provision of this Act or its rules, or conspiring with any

 

 

10200HB3714sam002- 28 -LRB102 03960 SPS 27247 a

1person to violate any a provision of this Act or its rules , or
2allowing a license to be used by another person.
3    (14) Discipline by another U.S. jurisdiction if at least
4one of the grounds for the discipline is the same or
5substantially equivalent to those set forth in this Section.
6    (15) Improperly advertising services for installing,
7maintaining, servicing, repairing, testing, or inspecting a
8fire sprinkler system.
9    (16) Making a material misstatement or misrepresentation
10or committing fraud in the installation, repair, inspection,
11testing, maintenance, or service of a fire sprinkler system,
12standpipe system, or underground water supply main connecting
13to the system.
14    (17) Conviction by plea of guilty or nolo contendere,
15finding of guilt, jury verdict, or entry of judgment or by
16sentencing of any crime, including, but not limited to,
17convictions, preceding sentences of supervision, conditional
18discharge, or first offender probation, under the laws of any
19jurisdiction of the United States that is a felony or
20misdemeanor, an essential element of which is dishonesty, or
21that is directly related to the business practices or the
22installation, repair, inspection, testing, maintenance, or
23service of a fire sprinkler system, standpipe system, or
24underground water supply main connecting to the system.
25    (18) Directly or indirectly willfully receiving
26compensation for any professional service related to the

 

 

10200HB3714sam002- 29 -LRB102 03960 SPS 27247 a

1license, not properly or actually rendered, including
2inspections.
3    (19) Permitting the use of a license issued under this Act
4to enable an unlicensed person or agency to operate as a
5licensee.
6    (20) Use of a license or license number issued under this
7Act by an unlicensed person to operate as a licensee.
8(Source: P.A. 92-871, eff. 1-3-03.)
 
9    (225 ILCS 317/62 new)
10    Sec. 62. Unlicensed practice; violation; civil penalty.
11    (a) Any person, entity, or business that offers fire
12sprinkler contractor services under this Act without being
13licensed or exempt under this Act shall, in addition to any
14other penalty provided by law, pay a civil penalty, which
15shall be deposited into the Fire Prevention Fund, in an amount
16not to exceed $10,000 for each offense, as determined by the
17Office. The civil penalty shall be assessed by the Office
18after a hearing is held in accordance with the provisions of
19this Act regarding the provision of a hearing for the
20discipline of a licensee.
21    (b) Use of the title "fire sprinkler inspector" is limited
22to those individuals licensed under this Act. Any person who
23practices, offers to practice, attempts to practice, or holds
24himself or herself out to practice as a fire sprinkler
25inspector without being licensed or exempt under this Act

 

 

10200HB3714sam002- 30 -LRB102 03960 SPS 27247 a

1shall, in addition to any other penalty provided by law, pay a
2civil penalty, which shall be deposited into the Fire
3Prevention Fund, in an amount not to exceed $10,000 for each
4offense, as determined by the Office. The civil penalty shall
5be assessed by the Office after a hearing is held in accordance
6with the provisions of this Act regarding the provision of a
7hearing for the discipline of a licensee.
8    (c) The Office may investigate any actual, alleged, or
9suspected unlicensed activity.
10    (d) The civil penalty shall be paid within 60 days after
11the effective date of the order imposing the civil penalty.
12The order shall constitute a final judgment and may be filed
13and execution had thereon in the same manner as any judgment
14from any court of record.
 
15    (225 ILCS 317/65)
16    Sec. 65. Notice; administrative action; suspension,
17revocation, or refusal to renew a license.
18    (a) Whenever the Office State Fire Marshal determines that
19there are reasonable grounds to believe that a licensee has
20violated a provision of this Act or the rules or standards
21adopted under this Act or its rules, the Office State Fire
22Marshal shall give notice of the alleged violation to the
23person whom the license was issued. The notice shall (i)  be
24in writing and ; (ii) include a statement of the alleged
25violation which necessitates issuance of the notice; (iii)

 

 

10200HB3714sam002- 31 -LRB102 03960 SPS 27247 a

1contain an outline of remedial action that, if taken, will
2effect compliance with the provisions of this Act and the
3rules adopted under this Act; (iv) prescribe a reasonable
4time, as determined by the State Fire Marshal, for the
5performance of any action required by the notice; and (v) be
6served upon the licensee. The notice shall be deemed to have
7been properly served upon the person when a copy of the notice
8has been sent by registered or certified mail to the person's
9his or her last known address as furnished to the Office State
10Fire Marshal or when the person he or she has been served the
11notice by any other method authorized by law.
12    (b) If the person to whom the notice is served does not
13abate the violation comply with the terms of the notice within
14the time limitations specified in the notice, the Office State
15Fire Marshal may proceed with action, including civil and
16administrative fines, penalties, suspension, revocation, and
17refusal to suspend, revoke, or refuse to issue or renew a
18license as provided in this Act Section.
19    (c) (Blank). Other requirements of this Act
20notwithstanding, when the State Fire Marshal determines that
21reasonable grounds exist to indicate that a violation of this
22Act has been committed and the violation is the third separate
23violation by that person in an 18-month period, the notice
24requirement of subsection (a) of this Section is waived and
25the State Fire Marshal may proceed immediately with action to
26suspend, revoke, or refuse to issue a license.

 

 

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1    (d) In any proceeding to administratively fine, penalize,
2suspend, revoke, or refuse to issue or renew a license, the
3Office State Fire Marshal shall first serve or cause to be
4served upon the person licensee a written notice of the
5Office's State Fire Marshal's intent to take action. The
6notice shall specify the way in which the person has failed to
7comply with this Act or any other rules or standards of the
8Office State Fire Marshal. The notice shall be deemed to have
9been properly served upon the person when a copy of the notice
10has been sent by registered or certified mail to the person's
11last known address as furnished to the Office or when the
12person has been served the notice by any other method
13authorized by law.
14    (e) In the case of revocation or suspension, the notice
15shall require the person to remove or abate the violation or
16objectionable condition specified in the notice within 10 5
17days. The Office State Fire Marshal may specify a longer
18period of time as it deems necessary. If the person fails to
19comply with the terms and conditions of the revocation or
20suspension notice within the time specified by the Office
21State Fire Marshal, the Office State Fire Marshal may
22summarily revoke or suspend the license.
23    (f) If In the case of refusal to issue a license, if the
24person has violated or fails to comply with the Act or rules or
25standards adopted promulgated under this the Act or its rules,
26the Office State Fire Marshal may refuse to issue or renew a

 

 

10200HB3714sam002- 33 -LRB102 03960 SPS 27247 a

1license.
2(Source: P.A. 92-871, eff. 1-3-03.)
 
3    (225 ILCS 317/70)
4    Sec. 70. Administrative hearing. The Office State Fire
5Marshal shall give written notice by certified or registered
6mail to an applicant, or licensee, or person of the Office's
7State Fire Marshal's intent to suspend, revoke, or refuse to
8issue or renew a license or to assess a fine. Such person has a
9right to a hearing before the Office State Fire Marshal. A
10written notice of a request for a hearing shall be served on
11the Office State Fire Marshal within 10 days of notice of the
12refusal, suspension, or revocation of a license or imposition
13of a fine. The hearing shall be conducted by the Office State
14Fire Marshal or a hearing officer designated in writing by the
15Office State Fire Marshal. A stenographic record shall be made
16of the hearing and the cost of the hearing shall be borne by
17the Office State Fire Marshal. A transcript of the hearing
18shall be made only upon request of the applicant, or licensee,
19or person and shall be transcribed at the cost of that person.
20(Source: P.A. 92-871, eff. 1-3-03.)
 
21    (225 ILCS 317/75)
22    Sec. 75. Subpoena powers; administration of oath. The
23Office State Fire Marshal or hearing officer may compel by
24subpoena or subpoena duces tecum the attendance and testimony

 

 

10200HB3714sam002- 34 -LRB102 03960 SPS 27247 a

1of witnesses and the production of books and papers. All
2subpoenas issued by the Office State Fire Marshal or hearing
3officer may be served as provided for in a civil action. The
4fees of witnesses for attendance and travel shall be the same
5as the fees for witnesses before the circuit court and shall be
6paid by the party at whose request the subpoena is issued. If
7such subpoena is issued at the request of the Office State Fire
8Marshal, the witness fee shall be paid as an administrative
9expense.
10    In the case of refusal of a witness to attend or testify or
11to produce books or papers concerning any matter upon which he
12or she might be lawfully examined, the circuit court of the
13county where the hearing is held, upon application of any
14party to the proceeding, may compel obedience by a proceeding
15for contempt.
16    The Office State Fire Marshal or hearing officer has the
17authority to administer oaths to witnesses.
18(Source: P.A. 92-871, eff. 1-3-03.)
 
19    (225 ILCS 317/80)
20    Sec. 80. Deposition of witnesses; testimony at hearing
21recorded. In the event of the inability of any party or the
22Office State Fire Marshal to procure the attendance of
23witnesses to give testimony or produce books and papers, the
24party or the Office State Fire Marshal may take the deposition
25of witnesses in accordance with the laws of this State. All

 

 

10200HB3714sam002- 35 -LRB102 03960 SPS 27247 a

1testimony taken at a hearing shall be reduced to writing and
2all such testimony and other evidence introduced at the
3hearing shall be a part of the record of the hearing.
4(Source: P.A. 92-871, eff. 1-3-03.)
 
5    (225 ILCS 317/85)
6    Sec. 85. Certification of record. The Office State Fire
7Marshal is not required to certify any record or file any
8answer or otherwise appear in any proceeding for judicial
9review unless the party filing the complaint deposits with the
10clerk of the court the sum of one dollar per page representing
11the costs of the certification. Failure on the part of the
12plaintiff to make the deposit shall be grounds for dismissal
13of the action.
14(Source: P.A. 92-871, eff. 1-3-03.)
 
15    (225 ILCS 317/90)
16    Sec. 90. Injunction. Unlicensed, faulty, or noncompliant
17Faulty fire sprinkler installation, and repair, inspection,
18testing, maintenance, and service is declared a violation of
19this Act and inimical to the public health, welfare, and
20safety and a deceptive business practice. If any person
21violates the provisions of this Act, the Office may, in the
22name of the People of the State of Illinois, through the
23Attorney General, petition, in a circuit court of competent
24jurisdiction, for an order enjoining such violation or for an

 

 

10200HB3714sam002- 36 -LRB102 03960 SPS 27247 a

1order enforcing compliance with this Act. Upon the filing of a
2verified petition in such court, the court may issue a
3temporary restraining order, without notice or bond, and may
4preliminarily and permanently enjoin such violation, and if it
5is established that such person has violated or is violating
6the injunction the court may punish the offender for contempt
7of court. Proceedings under this Section shall be in addition
8to, and not in lieu of, all other remedies and penalties
9provided by this Act The State Fire Marshal, in the name of the
10People of the State, through the Attorney General or the
11State's Attorney of the county in which the violation occurs
12may, in addition to other remedies herein provided, bring an
13action for an injunction to restrain such violation or enjoin
14the future performance of the person who committed the
15violation until compliance with the provisions of this Act has
16been obtained.
17(Source: P.A. 92-871, eff. 1-3-03.)
 
18    (225 ILCS 317/95)
19    Sec. 95. Penalty. Any person who violates this Act or any
20rule adopted by the Office State Fire Marshal, or who violates
21any determination or order of the Office State Fire Marshal
22under this Act shall be guilty of a Class A misdemeanor and
23shall be fined a sum not less than $100.
24    Each day's violation constitutes a separate offense. The
25State's Attorney of the county in which the violation occurred

 

 

10200HB3714sam002- 37 -LRB102 03960 SPS 27247 a

1or the Attorney General shall bring such actions in the name of
2the people of the State of Illinois.
3(Source: P.A. 92-871, eff. 1-3-03.)
 
4    (225 ILCS 317/100)
5    Sec. 100. Administrative civil fines. The Office State
6Fire Marshal is empowered to assess administrative civil fines
7against a licensee for violations of this Act or its rules.
8These fines shall not be greater than $1,000 for each offense.
9These fines shall be in addition to, or in lieu of, license
10suspensions and revocations. Rules to implement this Section
11shall be adopted by the Office State Fire Marshal within 6
12months after the effective date of this Act.
13    The hearing officer shall, upon determination that a
14violation of the Act or rules has occurred, determine the
15amount of these fines. Any fine assessed and not paid within 60
16days after receiving notice of the fine from the Office State
17Fire Marshal may be submitted to the Attorney General's office
18for collection. Failure to pay a fine shall also be grounds for
19immediate suspension or revocation of a license issued under
20this Act.
21(Source: P.A. 92-871, eff. 1-3-03.)
 
22    (225 ILCS 317/105)
23    Sec. 105. Judicial review of final administrative
24decision. The Administrative Review Law and the rules adopted

 

 

10200HB3714sam002- 38 -LRB102 03960 SPS 27247 a

1under the Administrative Review Law apply to and govern all
2proceedings for judicial review of final administrative
3decisions of the Office State Fire Marshal under this Act.
4Such judicial review shall be had in the circuit court of the
5county in which the cause of the action arose. The term
6"administrative decision" is defined in Section 3-101 of the
7Code of Civil Procedure.
8(Source: P.A. 92-871, eff. 1-3-03.)
 
9    (225 ILCS 317/110)
10    Sec. 110. Illinois Administrative Procedure Act. The
11provisions of the Illinois Administrative Procedure Act are
12hereby expressly adopted and shall apply to all administrative
13rules and procedures of the Office State Fire Marshal under
14this Act, except that, in the case of conflict between the
15Illinois Administrative Procedure Act and this Act, the
16provisions of this Act shall control, and except that Section
175-35 of the Illinois Administrative Procedure Act relating to
18procedures for rule-making does not apply to the adoption of
19any rule required by federal law in connection with which the
20Office State Fire Marshal is precluded by law from exercising
21any discretion.
22(Source: P.A. 92-871, eff. 1-3-03.)
 
23    (225 ILCS 317/116 new)
24    Sec. 116. Exceptions.

 

 

10200HB3714sam002- 39 -LRB102 03960 SPS 27247 a

1    (a) The provisions of this Act do not apply to facilities
2licensed by the Nuclear Regulatory Commission under the
3provisions of 10 CFR 50 or 10 CFR 52 or their employees while
4engaged in the performance of their official duties.
5    (b) The provisions of this Act do not apply to a
6professional engineer who is operating within the scope of the
7Professional Engineering Practice Act of 1989 or an architect
8who is operating within the scope of the Illinois Architecture
9Practice Act of 1989.
 
10    (225 ILCS 317/120)
11    Sec. 120. Grandfather clause. Any person or business that,
12as of January 3, 2003 was the effective date of this Act, is
13installing or repairing fire sprinkler systems in the State of
14Illinois and had has a minimum of 3 years of experience in
15installing or repairing fire sprinkler systems before January
163, 2003 is exempt from having a designated certified person as
17required in Section 20. A fire sprinkler contractor that is
18exempt from having a designated certified person shall have a
19responsible managing employee.
20    Beginning July 1, 2021, no person or business organization
21shall be issued an initial fire sprinkler contractor license
22using such exemption.
23(Source: P.A. 92-871, eff. 1-3-03.)
 
24    (225 ILCS 317/25 rep.)

 

 

10200HB3714sam002- 40 -LRB102 03960 SPS 27247 a

1    Section 10. The Fire Sprinkler Contractor Licensing Act is
2amended by repealing Section 25.
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.".