Full Text of HB4301 102nd General Assembly
HB4301ham001 102ND GENERAL ASSEMBLY | Rep. Kathleen Willis Filed: 2/9/2022
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| 1 | | AMENDMENT TO HOUSE BILL 4301
| 2 | | AMENDMENT NO. ______. Amend House Bill 4301 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Regulatory Sunset Act is amended by | 5 | | changing Section 4.33 and by adding 4.43 as follows: | 6 | | (5 ILCS 80/4.33) | 7 | | Sec. 4.33. Acts repealed on January 1,
2023. The following | 8 | | Acts are
repealed on January 1, 2023: | 9 | | The Dietitian Nutritionist Practice Act. | 10 | | The Elevator Safety and Regulation Act.
| 11 | | The Fire Equipment Distributor and Employee Regulation Act | 12 | | of 2011. | 13 | | The Funeral Directors and Embalmers Licensing Code. | 14 | | The Naprapathic Practice Act. | 15 | | The Pharmacy Practice Act. | 16 | | The Professional Counselor and Clinical Professional |
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| 1 | | Counselor
Licensing and Practice Act. | 2 | | The Wholesale Drug Distribution Licensing Act. | 3 | | (Source: P.A. 101-621, eff. 12-20-19.) | 4 | | (5 ILCS 80/4.43 new) | 5 | | Sec. 4.43. Act repealed on January 1, 2033. The following | 6 | | Act is repealed on January 1, 2033: | 7 | | The Fire Equipment Distributor and Employee Regulation Act | 8 | | of 2011. | 9 | | Section 10. The Fire
Equipment Distributor and
Employee | 10 | | Regulation Act of 2011 is amended by changing Sections 5, 10, | 11 | | 20, 30, 40, 45, 60, 65, 70, 75, 80, 85, 90, 105, 115, and 120 | 12 | | as follows: | 13 | | (225 ILCS 217/5) | 14 | | (Section scheduled to be repealed on January 1, 2023)
| 15 | | Sec. 5. Definitions. As used in this Act: | 16 | | "Employee" means a licensee or a person who is currently | 17 | | employed by a fire equipment distributor licensed under this | 18 | | Act whose full or part-time duties include servicing, | 19 | | recharging, hydro-testing, installing, maintaining, or | 20 | | inspecting fire equipment. | 21 | | "Fire equipment" means any portable or fixed fire | 22 | | extinguishing device or system other than a fire sprinkler | 23 | | system under the Fire Sprinkler Contractor Licensing Act. |
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| 1 | | "Fire equipment distributor" means any person, company or | 2 | | corporation that services, recharges, hydro-tests, inspects, | 3 | | installs, maintains, alters, repairs, replaces, or services | 4 | | fire equipment for customers, clients, or other third parties. | 5 | | "ICC" means the International Code Council. | 6 | | "NAFED" means the National Association of Fire Equipment | 7 | | Distributors. | 8 | | "NFPA" means the National Fire Protection Association. | 9 | | "NICET" means the National Institute for Certification in | 10 | | Engineering Technologies. | 11 | | "Office" or "State Fire Marshal" means the Office of the | 12 | | State Fire Marshal. | 13 | | "Person" means a natural person or any company, | 14 | | corporation, or other business entity. | 15 | | (a) "Employee" means a licensee
or a person who is | 16 | | currently employed by a distributor licensed under this
Act | 17 | | whose full or part-time duties include servicing, recharging,
| 18 | | hydro-testing, installing, maintaining, or inspecting all | 19 | | types of fire
extinguishing devices or systems, other than | 20 | | water sprinkler systems. | 21 | | (b) "Board" means the Fire Equipment Distributor and | 22 | | Employee
Advisory Board. | 23 | | (c) "Person" means a natural person or any company, | 24 | | corporation, or other
business entity. | 25 | | (d) "Fire equipment distributor" means any person, company | 26 | | or
corporation that services, recharges, hydro-tests, |
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| 1 | | inspects, installs,
maintains, alters, repairs, replaces, or | 2 | | services fire extinguishing devices
or systems, other than | 3 | | water sprinkler systems, for customers, clients, or
other | 4 | | third parties. "Fire equipment distributor" does not include a | 5 | | person,
company, or corporation employing 2,000 or more | 6 | | employees within the State
of Illinois that engages in these | 7 | | activities incidental to its own business. | 8 | | (e) "Public member" means a person who is not a licensee or | 9 | | a relative
of a licensee, or who is not an employer or employee | 10 | | of a licensee.
The term "relative" shall be determined by | 11 | | rules of the State Fire Marshal. | 12 | | (f) "Residency" means an actual domicile in Illinois for a | 13 | | period of not
less than one year. | 14 | | (g) "Inspection" means a determination that a fire | 15 | | extinguisher is
available in its designated place and has not | 16 | | been actuated or tampered
with. "Inspection" does not include | 17 | | the inspection that may be performed by
the building owner, | 18 | | tenant, or insurance representative. | 19 | | (h) "Maintenance" means a determination that an | 20 | | extinguisher will
operate effectively and safely. It includes | 21 | | a thorough examination and any
necessary repair or | 22 | | replacement. It also includes checking the date of
manufacture | 23 | | or last hydrostatic test to see if internal inspection of the
| 24 | | cylinder or hydrostatic testing is necessary, and checking for | 25 | | cuts, bulges,
dents, abrasions, corrosion, condition of paint, | 26 | | shell hanger attachment,
maintenance of nameplate, weight of |
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| 1 | | contents, pressure gauge, valve,
removal of pull pin, | 2 | | discharge nozzle, hose assembly, and operating
instructions.
| 3 | | (i) "NAFED" means the National Association of Fire | 4 | | Equipment Distributors located in Chicago, Illinois. | 5 | | (j) "ICC" means the International Code Council. | 6 | | (Source: P.A. 96-1499, eff. 1-18-11; 97-979, eff. 8-17-12.) | 7 | | (225 ILCS 217/10) | 8 | | (Section scheduled to be repealed on January 1, 2023)
| 9 | | Sec. 10. License requirement; injunction; cease and desist | 10 | | order. | 11 | | (a) No person shall act as a fire
equipment distributor or | 12 | | employee, or
advertise or
assume to act as such, or use any | 13 | | title implying that such person
is engaged in such practice or | 14 | | occupation unless licensed by the State Fire
Marshal.
| 15 | | No firm, association, or corporation shall act as an
| 16 | | agency licensed under this Act, or advertise or assume to act | 17 | | as such,
or use any title implying that the firm, association, | 18 | | or corporation
is engaged in such practice, unless licensed by | 19 | | the State Fire Marshal.
| 20 | | (b) The State Fire Marshal, in the name of the People and | 21 | | through the Attorney
General, the
State's Attorney of any | 22 | | county, any interested resident of the State, or any | 23 | | interested legal
entity within the State, may petition the | 24 | | court with appropriate jurisdiction for an order seeking | 25 | | injunctive relief to enjoin from practicing a licensed |
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| 1 | | activity in violation of this Act any person, firm, | 2 | | association, or corporation who has not been issued a license, | 3 | | or whose license has been suspended, revoked, or not renewed. | 4 | | If any person, firm, association, or corporation holds itself | 5 | | out as being a licensee under this Act and is not licensed to | 6 | | do so, then any licensee, interested party, or any person | 7 | | injured thereby may petition for relief as provided in this | 8 | | Section. Upon the filing of a verified complaint, a copy shall | 9 | | be served upon the defendant and the proceedings shall | 10 | | thereafter be conducted as in other civil cases. The court | 11 | | with appropriate jurisdiction may issue a temporary | 12 | | restraining order without notice or bond. If it is established | 13 | | that
the defendant
has been or is practicing in violation of | 14 | | this Act, the court may enter
a judgment permanently enjoining | 15 | | the defendant
from such further activity.
In case of violation | 16 | | of any injunctive order or judgment entered under the
| 17 | | provisions of this
Section, the court may summarily try and | 18 | | punish the
offender for contempt of court. Such injunctive | 19 | | proceeding shall be in
addition to all penalties and other | 20 | | remedies in this Act. | 21 | | (c) Whenever, in the opinion of the State Fire Marshal, a | 22 | | person, firm, association, or corporation violates any | 23 | | provision of this Act, the State Fire Marshal may issue an | 24 | | order to show cause why an order to cease and desist should not | 25 | | be entered against that person, firm, association, or | 26 | | corporation. The order shall clearly set forth the grounds |
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| 1 | | relied upon by the State Fire Marshal and shall allow the | 2 | | person, firm, association, or corporation at least 7 days | 3 | | after the date of the order to file an answer satisfactory to | 4 | | the State Fire Marshal. A failure to answer an order to show | 5 | | cause to the satisfaction of the State Fire Marshal shall | 6 | | result in the issuance of an order to cease and desist. | 7 | | (d) The State Fire Marshal may refuse to issue a license | 8 | | to, or may suspend the
license
of, any person or business | 9 | | entity that is not in good standing with the Department of | 10 | | Revenue until the person or business entity is in good | 11 | | standing with the Department of Revenue who fails to file a | 12 | | return, to pay the tax, penalty, or
interest shown in a filed | 13 | | return, or to pay any final assessment of tax,
penalty, or | 14 | | interest, as required by any tax Act administered by the
| 15 | | Illinois Department of Revenue, until such time as the | 16 | | requirements of any such
tax Act are satisfied .
| 17 | | (Source: P.A. 96-1499, eff. 1-18-11; 97-979, eff. 8-17-12.) | 18 | | (225 ILCS 217/20) | 19 | | (Section scheduled to be repealed on January 1, 2023)
| 20 | | Sec. 20. Deposit of fees and fines . All fees and fines | 21 | | collected under this Act shall be
deposited into the Fire | 22 | | Prevention Fund.
| 23 | | (Source: P.A. 96-1499, eff. 1-18-11 .) | 24 | | (225 ILCS 217/30) |
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| 1 | | (Section scheduled to be repealed on January 1, 2023)
| 2 | | Sec. 30. Rules; report. | 3 | | (a) The State Fire Marshal shall adopt rules consistent
| 4 | | with the provisions
of this Act for the administration and | 5 | | enforcement thereof, and may prescribe
forms that shall be | 6 | | issued in connection therewith. The rules shall include
| 7 | | standards and criteria for registration, professional
conduct, | 8 | | and discipline. The Office may, by rule, establish fees, | 9 | | including, but not limited to, license fees, reinstatement | 10 | | fees, and processing fees.
| 11 | | (b) (Blank).
| 12 | | (c) (Blank).
| 13 | | (d) In the adopting of rules relating to fire equipment
| 14 | | distributors and employees, the State Fire Marshal shall be | 15 | | guided by the
national
fire safety standards and codes and | 16 | | fire equipment and facility standards
and code, including, but | 17 | | not limited to, those adopted by the National
Fire Protection | 18 | | Association and the National Association of Fire Equipment
| 19 | | Distributors.
| 20 | | (e) In the adopting of rules relating to the maintenance | 21 | | and operation
of hydrostatic testing equipment and tools for | 22 | | all fire equipment distributors
and employees, the State Fire | 23 | | Marshal shall be guided by the requirements of
the
United | 24 | | States Department of Transportation as set forth in Section | 25 | | 173.34(e)(1)
of Title 49 of Code of Federal Regulations.
| 26 | | (f) The State Fire Marshal shall by rule establish |
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| 1 | | procedures for an
applicant for any class fire equipment | 2 | | employee license to work for a
licensed fire equipment | 3 | | distributor for training.
| 4 | | (g) The rules adopted by the Office of the State Fire | 5 | | Marshal under
the
Fire Equipment Distributor and Employee | 6 | | Regulation Act of 2000 shall remain in effect
until
such time | 7 | | as the Office of the State Fire Marshal adopts rules under this
| 8 | | Act.
| 9 | | (h) (Blank).
| 10 | | (Source: P.A. 96-1499, eff. 1-18-11; 97-979, eff. 8-17-12.) | 11 | | (225 ILCS 217/40) | 12 | | (Section scheduled to be repealed on January 1, 2023)
| 13 | | Sec. 40. Qualifications for licensure; fees. | 14 | | (a) No person shall engage in practice as a fire equipment | 15 | | distributor or
fire equipment employee without first
applying | 16 | | for and obtaining a license for that purpose from the Office of
| 17 | | the State Fire Marshal.
| 18 | | (b) To qualify for a Class A Fire Equipment Distributor | 19 | | License to service,
recharge,
hydro-test, install, maintain, | 20 | | or inspect all types of fire extinguishers, an
applicant shall | 21 | | employ a currently licensed Class 1 Fire Equipment Employee | 22 | | and must provide all of the following:
| 23 | | (1) A triennial An annual license fee as determined by | 24 | | rule of $100 .
| 25 | | (2) Evidence of current registration as an Illinois |
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| 1 | | corporation or other business entity and, when applicable,
| 2 | | evidence of compliance with the Assumed Business Name Act | 3 | | and a list of officers .
| 4 | | (3) Evidence of financial responsibility in a minimum | 5 | | amount of $1,000,000
$300,000 through liability insurance, | 6 | | self-insurance,
group insurance, group self-insurance, or | 7 | | risk retention groups.
| 8 | | (3.5) Evidence of workers' compensation insurance | 9 | | covering its employees or approval as a self-insurer of | 10 | | workers' compensation in accordance with the laws of this | 11 | | State. | 12 | | (4) Evidence of owning, leasing, renting, or having | 13 | | access to proper testing equipment that is in compliance | 14 | | with the national standards adopted by the State Fire | 15 | | Marshal for the maintenance and operation of testing tools | 16 | | for use with all Class A fire equipment. | 17 | | (c) To qualify for a Class B Fire Equipment Distributor | 18 | | License to service,
recharge,
hydro-test, install, maintain, | 19 | | or inspect all types of pre-engineered fire
extinguishing | 20 | | systems, an applicant shall employ a currently licensed Class | 21 | | 2K Fire Equipment Employee or Class 2I Fire Equipment Employee | 22 | | and must provide all of the following:
| 23 | | (1) A triennial An annual license fee as determined by | 24 | | rule of $200 .
| 25 | | (2) Evidence of current registration as an Illinois | 26 | | corporation or other business entity and, when applicable,
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| 1 | | evidence of compliance with the Assumed Business Name Act | 2 | | and a list of officers .
| 3 | | (3) Evidence of financial responsibility in a minimum | 4 | | amount of $1,000,000
$300,000 through liability insurance, | 5 | | self-insurance, group insurance, group
self-insurance, or | 6 | | risk retention groups.
| 7 | | (3.5) Evidence of workers' compensation insurance | 8 | | covering its employees or approval as a self-insurer of | 9 | | workers' compensation in accordance with the laws of this | 10 | | State. | 11 | | (4) Evidence of owning, leasing, renting, or having | 12 | | access to proper
testing equipment that is in compliance | 13 | | with the national standards adopted
by the State Fire | 14 | | Marshal for the maintenance and operation of testing
tools | 15 | | for use with all Class B fire equipment.
| 16 | | (d) To qualify for a Class C Fire Equipment Distributor | 17 | | License to service,
repair,
hydro-test, inspect, and engineer | 18 | | all types of engineered fire suppression
systems, an applicant | 19 | | shall employ a currently licensed Class 3 Fire Equipment | 20 | | Employee and must provide all of the following:
| 21 | | (1) A triennial An annual license fee as determined by | 22 | | rule of $300 .
| 23 | | (2) Evidence of current registration as an Illinois | 24 | | corporation or other business entity and, when applicable,
| 25 | | evidence of compliance with the Assumed Business Name Act | 26 | | and a list of officers .
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| 1 | | (3) Evidence of financial responsibility in a minimum | 2 | | amount of $1,000,000
$300,000 through liability insurance, | 3 | | self-insurance, group insurance,
group self-insurance, or | 4 | | risk retention groups.
| 5 | | (3.5) Evidence of workers' compensation insurance | 6 | | covering its employees or approval as a self-insurer of | 7 | | workers' compensation in accordance with the laws of this | 8 | | State. | 9 | | (4) Evidence of owning, leasing, renting, or having | 10 | | access to proper
testing equipment that is in compliance | 11 | | with the national standards adopted
by the State Fire | 12 | | Marshal for the maintenance and operation of testing
tools | 13 | | for use with all Class C fire equipment.
| 14 | | (e) To qualify for a Class 1 Fire Equipment Employee | 15 | | License to service,
recharge, hydro-test, install, maintain, | 16 | | or inspect all types
of fire extinguishers, a candidate shall | 17 | | an applicant must complete all of the following:
| 18 | | (1) Current certification by ICC or NAFED in Portable | 19 | | Fire Extinguishers Pass the ICC/NAFED examination | 20 | | administered by the ICC as a technician certified to | 21 | | service a Portable Fire Extinguisher .
| 22 | | (2) Pay a triennial an annual license fee as | 23 | | determined by rule of $20 .
| 24 | | (3) Provide a digital color photograph of sufficient | 25 | | quality 2 copies of a current photograph at least 1" x 1" | 26 | | in size . An applicant who is 21 years of age or older |
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| 1 | | seeking a religious exemption to this photograph | 2 | | requirement shall furnish with the his or her application | 3 | | an approved copy of United States Department of the | 4 | | Treasury Internal Revenue Service Form 4029. Regardless of | 5 | | age, an applicant seeking a religious exemption to this | 6 | | photograph requirement shall submit fingerprints in a form | 7 | | and manner prescribed by the State Fire Marshal with the | 8 | | his or her application in lieu of a photograph.
| 9 | | (4) Provide a copy of a valid government-issued photo | 10 | | identification. | 11 | | (f) To qualify for a Class 2I Fire Equipment Employee | 12 | | License to service,
recharge, hydro-test, install, maintain, | 13 | | or inspect all types
of pre-engineered industrial fire | 14 | | extinguishing systems, a candidate shall an applicant must | 15 | | complete all of
the following:
| 16 | | (1) Current certification by ICC or NAFED in Pass the | 17 | | ICC/NAFED examination administered by the ICC as a | 18 | | technician certified to service Pre-Engineered Industrial | 19 | | Fire Suppression Systems.
| 20 | | (2) Pay a triennial an annual license fee as | 21 | | determined by rule of $20 .
| 22 | | (3) Provide a digital color photograph of sufficient | 23 | | quality 2 copies of a current photograph at least 1" x 1" | 24 | | in size . An applicant who is 21 years of age or older | 25 | | seeking a religious exemption to this photograph | 26 | | requirement shall furnish with the his or her application |
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| 1 | | an approved copy of United States Department of the | 2 | | Treasury Internal Revenue Service Form 4029. Regardless of | 3 | | age, an applicant seeking a religious exemption to this | 4 | | photograph requirement shall submit fingerprints in a form | 5 | | and manner prescribed by the State Fire Marshal with the | 6 | | his or her application in lieu of a photograph.
| 7 | | (4) Provide a copy of a valid government-issued photo | 8 | | identification. | 9 | | (f-5) To qualify for a Class 2K Fire Equipment Employee | 10 | | License to service, recharge, hydro-test, install, maintain, | 11 | | or inspect all types of pre-engineered kitchen fire | 12 | | extinguishing systems, a candidate shall an applicant must | 13 | | complete all of the following: | 14 | | (1) Current certification by ICC or NAFED in Pass the | 15 | | ICC/NAFED examination administered by the ICC as a | 16 | | technician certified to service Pre-Engineered Kitchen | 17 | | Fire Extinguishing Systems. | 18 | | (2) Pay a triennial license an annual fee as | 19 | | determined by rule of $20 . | 20 | | (3) Provide a digital color photograph of sufficient | 21 | | quality 2 copies of a current photograph at least 1" x 1" | 22 | | in size . An applicant who is 21 years of age or older | 23 | | seeking a religious exemption to this photograph | 24 | | requirement shall furnish with the his or her application | 25 | | an approved copy of United States Department of the | 26 | | Treasury Internal Revenue Service Form 4029. Regardless of |
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| 1 | | age, an applicant seeking a religious exemption to this | 2 | | photograph requirement shall submit fingerprints in a form | 3 | | and manner prescribed by the State Fire Marshal with the | 4 | | his or her application in lieu of a photograph. | 5 | | (4) Provide a copy of a valid government-issued photo | 6 | | identification. | 7 | | (g) To qualify for a Class 3 Fire Equipment Employee | 8 | | License to service,
recharge, hydro-test, install, maintain, | 9 | | inspect, or engineer all
types of engineered fire | 10 | | extinguishing systems, an applicant must complete all
of the | 11 | | following:
| 12 | | (1) Current certification by NAFED in Engineered Fire | 13 | | Suppression Systems or current NICET Level III | 14 | | certification in Special Hazards Systems Pass the | 15 | | examination .
| 16 | | (2) Pay a triennial an annual license fee as | 17 | | determined by rule of $20 .
| 18 | | (3) Provide a digital color photograph of sufficient | 19 | | quality current photograph at least 1" x 1" in size . An | 20 | | applicant who is 21 years of age or older seeking a | 21 | | religious exemption to this photograph requirement shall | 22 | | furnish with the his or her application an approved copy | 23 | | of United States Department of the Treasury Internal | 24 | | Revenue Service Form 4029. Regardless of age, an applicant | 25 | | seeking a religious exemption to this photograph | 26 | | requirement shall submit fingerprints in a form and manner |
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| 1 | | prescribed by the State Fire Marshal with the his or her | 2 | | application in lieu of a photograph.
| 3 | | (4) Provide a copy of a valid government-issued photo | 4 | | identification. | 5 | | (h) (Blank). All licenses issued under this Act shall | 6 | | remain in effect unless the licensee is otherwise notified by | 7 | | the Office of the State Fire Marshal. | 8 | | (Source: P.A. 97-979, eff. 8-17-12; 98-848, eff. 1-1-15 .)
| 9 | | (225 ILCS 217/45)
| 10 | | (Section scheduled to be repealed on January 1, 2023) | 11 | | Sec. 45. Applications. Each application for a license to | 12 | | practice under
this
Act shall be in writing and signed by the | 13 | | applicant on forms provided by the
State Fire Marshal. Each | 14 | | application for a fire equipment distributor license shall be | 15 | | signed by an authorized officer of the fire equipment | 16 | | distributor. Each application for an employee license shall be | 17 | | signed by an authorized officer of the fire equipment | 18 | | distributor and by the candidate for the employee license.
| 19 | | (Source: P.A. 96-1499, eff. 1-18-11 .)
| 20 | | (225 ILCS 217/60) | 21 | | (Section scheduled to be repealed on January 1, 2023)
| 22 | | Sec. 60. Issuance of license; renewal. | 23 | | (a) The Office State Fire Marshal shall, upon the | 24 | | applicant's satisfactory
completion of the requirements |
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| 1 | | authorized under this Act and upon receipt
of the requisite | 2 | | fees, issue the appropriate license and certificate or wallet | 3 | | card , as applicable, showing
the name and business location of | 4 | | the licensee, and the dates of issuance and
expiration . For an | 5 | | employee license, the wallet card shall also contain a | 6 | | photograph of the licensee, unless the licensee has a | 7 | | religious exemption in accordance with Section 40. , and shall | 8 | | contain a photograph of the licensee provided to the
State | 9 | | Fire Marshal. An applicant who is 21 years of age or older | 10 | | seeking a religious exemption to the photograph required by | 11 | | this subsection shall furnish with his or her application an | 12 | | approved copy of United States Department of the Treasury | 13 | | Internal Revenue Service Form 4029. Regardless of age, an | 14 | | applicant seeking a religious exemption to this photograph | 15 | | requirement shall submit fingerprints in a form and manner | 16 | | prescribed by the State Fire Marshal with his or her | 17 | | application in lieu of a photograph.
| 18 | | (b) (Blank). Any license valid on December 31, 2010 under | 19 | | the Fire Equipment Distributor and Employee Regulation Act of | 20 | | 2000 shall be a valid license under this Act and expires when | 21 | | the valid license issued under the Fire Equipment Distributor | 22 | | and Employee Regulation Act of 2000 was scheduled to expire.
| 23 | | (c) An applicant for license renewal shall, at the time of | 24 | | renewal application, provide proof of qualifications for | 25 | | licensure under Section 40 for the respective license to the | 26 | | Office. Upon receipt of the requisite fees, the Office shall |
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| 1 | | issue the license in accordance with subsection (a). Each | 2 | | licensee may apply for renewal of his license upon payment of
| 3 | | fees, as set forth in this Act. The expiration date and renewal | 4 | | period
for each license issued under this Act shall be set by | 5 | | rule. Failure to
renew by within 60 days of the expiration date | 6 | | shall lapse the license. A lapsed
license
may not be renewed | 7 | | reinstated until a written application is filed, an applicant | 8 | | has demonstrated proof of qualifications for licensure, and | 9 | | the renewal
fee is paid , and a $50 reinstatement fee is paid . | 10 | | If not renewed, a license shall become inactive following 60 | 11 | | days after the expiration date of the license. An inactive | 12 | | license may not be reinstated until a written application is | 13 | | filed, an applicant has demonstrated proof of qualifications | 14 | | for licensure, the renewal fee is paid, and the reinstatement | 15 | | fee is paid. A license may not be reinstated after one year | 16 | | from the expiration date of the license. Renewal and | 17 | | reinstatement
fees shall be waived for persons who did not | 18 | | renew while on active duty
in the military and who file for | 19 | | renewal or reinstatement restoration within one year after
| 20 | | discharge from such service. A lapsed license may not be | 21 | | reinstated after
5 years have elapsed, except upon passing an | 22 | | examination to determine fitness
to have the license restored | 23 | | and by paying the required fees.
| 24 | | (d) As a condition of renewal of a license, the State Fire | 25 | | Marshal may
require the licensee to report information | 26 | | pertaining to the licensee's his practice which
the State Fire |
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| 1 | | Marshal determines to be in the interest of public safety.
| 2 | | (e) All fees paid under this Act
are non-refundable. This | 3 | | shall not preclude the State Fire Marshal from refunding | 4 | | accidental overpayment of fees.
| 5 | | (Source: P.A. 98-848, eff. 1-1-15 .) | 6 | | (225 ILCS 217/65) | 7 | | (Section scheduled to be repealed on January 1, 2023)
| 8 | | Sec. 65. Returned checks ; notification of lapsed or | 9 | | inactive license . The Office may require that any Any person | 10 | | who on 2 or more occasions issues or delivers
a check or other
| 11 | | order
to the Office State Fire Marshal
that is not honored by | 12 | | the financial institution upon which it is drawn
because of | 13 | | insufficient funds on account shall pay to the
State Fire | 14 | | Marshal , in addition to the amount owing upon the check or | 15 | | other
order,
a fee of $50. The State Fire Marshal shall notify | 16 | | the licensee whose
license
has lapsed or become inactive , | 17 | | within 30 days after the discovery by the State Fire Marshal | 18 | | that
the
licensee is practicing without a current
license, | 19 | | that the individual, person, or distributor is acting as a | 20 | | fire
equipment distributor or employee, as the case may be, | 21 | | without
a license, and the amount due to the State Fire | 22 | | Marshal, which shall include
the
lapsed renewal fee , | 23 | | reinstatement fee, and all other fees required in order to | 24 | | renew or reinstate the license by this Section . If after the
| 25 | | expiration
of 30 days from the date of such notification, the |
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| 1 | | licensee whose license
has lapsed seeks a current license, he | 2 | | shall thereafter apply to the State
Fire Marshal
for | 3 | | reinstatement of the license and pay all fees due to the State | 4 | | Fire
Marshal.
The State Fire Marshal may establish a fee for | 5 | | the processing of an application
for reinstatement of a | 6 | | license that allows the State Fire Marshal to pay all
costs
and | 7 | | expenses incident to the processing of this application. The | 8 | | State Fire
Marshal
may waive the fees due under this Section in | 9 | | individual cases where he finds
that the fees would be | 10 | | unreasonable or unnecessarily
burdensome.
| 11 | | (Source: P.A. 96-1499, eff. 1-18-11 .) | 12 | | (225 ILCS 217/70) | 13 | | (Section scheduled to be repealed on January 1, 2023)
| 14 | | Sec. 70. Change of address; display of license; duplicate | 15 | | license
or certificate. | 16 | | (a) A licensee shall report a change in home or office | 17 | | address within 10
days of when it occurs.
| 18 | | (b) Each licensee shall prominently display the his or her | 19 | | license to practice at
each place from which the practice is | 20 | | being performed. A fire equipment distributor licensee shall | 21 | | have a separate license for each business location within the | 22 | | State or outside the State if the business location is | 23 | | responsible for the performance of any applicable work under | 24 | | this Act performed within the State. If more than one
location | 25 | | is used, branch office certificates shall be issued upon |
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| 1 | | payment
of the fees to be established by the State Fire | 2 | | Marshal. Each fire equipment
employee shall carry on his or | 3 | | her person a wallet card issued by the State Fire
Marshal.
| 4 | | (c) If a license or certificate is lost, a duplicate shall | 5 | | be issued
upon payment of the required fee to be established by | 6 | | the State Fire Marshal.
If a
licensee wishes to change the name | 7 | | on the license his or her name , the State Fire Marshal shall | 8 | | issue a
license in
the new name upon satisfactory proof that | 9 | | such change was done in
accordance with law and upon payment of | 10 | | the required fee as determined by rule .
| 11 | | (d) Each licensee shall permit the licensee's his or her | 12 | | facilities to be inspected by
representatives of the State | 13 | | Fire Marshal.
| 14 | | (Source: P.A. 96-1499, eff. 1-18-11 .) | 15 | | (225 ILCS 217/75) | 16 | | (Section scheduled to be repealed on January 1, 2023)
| 17 | | Sec. 75. Grounds for disciplinary sanctions. Licensees | 18 | | subject to this Act
shall conduct their
practice in accordance | 19 | | with this Act and with any rules adopted
under this Act. The | 20 | | State Fire Marshal may refuse to issue or renew any license and | 21 | | it may suspend or revoke any license or may place on probation, | 22 | | censure, reprimand, or take other disciplinary action deemed | 23 | | appropriate by the State Fire Marshal and enumerated in this | 24 | | Act, including the imposition of fines not to exceed $5,000 | 25 | | for each violation, with regard to any license issued under |
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| 1 | | this Act for any one or more of the reasons enumerated in this | 2 | | Section. Any civil penalty assessed by the State Fire Marshal | 3 | | pursuant to this Act shall be paid within 60 days after the | 4 | | effective date of the order imposing the civil penalty. The | 5 | | order shall constitute a judgment and may be filed and | 6 | | executed in the same manner as any judgment from any court of | 7 | | record. | 8 | | Grounds for discipline under this Act are:
| 9 | | (1) fraud or material deception in obtaining or | 10 | | renewing of a license;
| 11 | | (2) professional incompetence as manifested by poor | 12 | | standards of service;
| 13 | | (3) engaging in dishonorable, unethical, or | 14 | | unprofessional conduct of a
character likely to deceive, | 15 | | defraud, or harm the public in the course of
professional | 16 | | services or activities;
| 17 | | (4) conviction of any crime by a licensee that has a | 18 | | substantial
relationship to his or her practice or an | 19 | | essential element of which is
misstatement, fraud, or | 20 | | dishonesty, or conviction in this or another state
of any | 21 | | crime that is a felony under the laws of Illinois or | 22 | | conviction of
a felony in a federal court, unless the | 23 | | person demonstrates that he or she has
been sufficiently | 24 | | rehabilitated to warrant the public trust;
| 25 | | (5) performing any services in a grossly negligent | 26 | | manner or
permitting any of his or her licensed employees |
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| 1 | | to perform services in a
grossly
negligent manner, | 2 | | regardless of whether actual damage or damages to the
| 3 | | public is established;
| 4 | | (6) (blank); habitual drunkenness or habitual | 5 | | addiction to the use
of morphine,
cocaine, controlled | 6 | | substances, or other habit-forming drugs;
| 7 | | (7) directly or indirectly willfully receiving | 8 | | compensation for any
professional services not actually | 9 | | rendered;
| 10 | | (8) having disciplinary action taken against his or | 11 | | her license in another
state;
| 12 | | (9) making differential treatment against any person | 13 | | to his or her detriment
because of race, color, creed, | 14 | | sex, religion, or national origin;
| 15 | | (10) engaging in unprofessional conduct;
| 16 | | (11) engaging in false or misleading advertising;
| 17 | | (12) contracting or assisting unlicensed persons to | 18 | | perform services for
which a license is required under | 19 | | this Act;
| 20 | | (13) permitting the use of his or her license to | 21 | | enable any unlicensed
person
or agency to operate as a | 22 | | licensee;
| 23 | | (14) performing and charging for services without | 24 | | having authorization
to do so from the member of the | 25 | | public being served;
| 26 | | (15) failure to comply with any provision of this Act |
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| 1 | | or the rules
adopted under this Act;
| 2 | | (16) conducting business regulated by this Act without | 3 | | a currently valid
license ; and .
| 4 | | (17) engaging in any unethical or criminal activity | 5 | | incidental to activities within the scope of licensure. | 6 | | (Source: P.A. 96-1499, eff. 1-18-11; 97-979, eff. 8-17-12.) | 7 | | (225 ILCS 217/80) | 8 | | (Section scheduled to be repealed on January 1, 2023)
| 9 | | Sec. 80. Complaints. All complaints concerning violations | 10 | | regarding
licensees or
unlicensed activity shall be received | 11 | | and logged by the State Fire Marshal and
reported
to the Board .
| 12 | | (Source: P.A. 96-1499, eff. 1-18-11 .) | 13 | | (225 ILCS 217/85) | 14 | | (Section scheduled to be repealed on January 1, 2023)
| 15 | | Sec. 85. Formal charges. | 16 | | (a) Before revoking, suspending, annulling, withdrawing, | 17 | | amending materially, or refusing to renew any valid license, | 18 | | the State Fire Marshal shall
file formal charges against the | 19 | | licensee. The formal charges shall, at
a minimum, inform the | 20 | | licensee of the facts that make up the basis of the
charge
and | 21 | | that are specific enough to enable the licensee to defend | 22 | | himself.
| 23 | | (b) Each licensee whose conduct is the subject of a formal | 24 | | charge that
seeks to impose disciplinary action against the |
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| 1 | | licensee shall be served
notice of said formal charge at least | 2 | | 30 days before the date of the hearing,
which shall be presided | 3 | | over by a hearing officer
authorized by the State Fire | 4 | | Marshal. Service shall be considered to have been
given if the | 5 | | notice was personally received by the licensee or if the | 6 | | notice
was sent by certified mail, return receipt requested to | 7 | | the licensee at the
licensee's
last known address, as listed | 8 | | with the State Fire Marshal.
| 9 | | (c) The notice of formal charges shall consist at a | 10 | | minimum of the following
information:
| 11 | | (1) the time, place, and date of the hearing;
| 12 | | (2) that the licensee shall appear personally at the | 13 | | hearing and may be
represented by counsel;
| 14 | | (3) that the licensee shall have the right to produce | 15 | | witnesses and
evidence on the licensee's in his behalf and | 16 | | shall have the right to cross-examine witnesses and
refute
| 17 | | evidence
produced against the licensee him or her ;
| 18 | | (4) that the hearing could result in disciplinary | 19 | | action being taken
against the his or her license;
| 20 | | (5) that rules for the conduct of these hearings exist | 21 | | and it may be in
the licensee's best interest to obtain a | 22 | | copy;
| 23 | | (6) that a hearing officer authorized by the State | 24 | | Fire Marshal
shall preside at the hearing and following | 25 | | the conclusion of said hearing
shall make findings of | 26 | | fact, conclusions of law, and recommendations,
separately
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| 1 | | stated, to the State Fire Marshal as to what disciplinary | 2 | | action, if any,
should be
imposed on the licensee;
| 3 | | (7) that the State Fire Marshal may continue such | 4 | | hearing;
| 5 | | (8) that the licensee shall file a written answer to | 6 | | the charges with the State
Fire Marshal under oath within | 7 | | 20 days after service of the notice; and | 8 | | (9) that if the accused fails to answer, a default | 9 | | judgment shall be taken against him, her, or it, or that | 10 | | his, her, or its license may be suspended, revoked, placed | 11 | | on probationary status, or subject to other disciplinary | 12 | | action as the State Fire Marshal deems proper, without a | 13 | | hearing, if the act or acts charged constitute sufficient | 14 | | grounds for such action under this Act. | 15 | | (d) The hearing officer authorized by the State Fire | 16 | | Marshal shall
hear evidence produced in support of the formal | 17 | | charges and contrary evidence
produced by the licensee, if | 18 | | any. At the conclusion of the hearing, the
hearing officer | 19 | | shall make findings of fact, conclusions of law, and
| 20 | | recommendations,
separately stated, and submit them to the | 21 | | State Fire Marshal and to all parties
to
the proceeding. | 22 | | Submission to the licensee shall be considered as having
been | 23 | | made if done in a similar fashion as service of the notice of | 24 | | formal
charges. Within 20 days after such service, any party | 25 | | to the proceeding
may present to the State Fire Marshal a | 26 | | motion, in writing, for a rehearing which
written motion shall |
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| 1 | | specify the particular grounds therefor.
| 2 | | (e) The State Fire Marshal, following the time allowed for | 3 | | filing a motion
for rehearing,
shall review the hearing | 4 | | officer's findings of fact, conclusions of law,
and | 5 | | recommendations,
and any motions filed subsequent thereto. | 6 | | After review of such information
the State Fire Marshal may | 7 | | hear oral arguments and thereafter shall issue an
order.
The | 8 | | report of findings of fact, conclusions of law, and | 9 | | recommendations of
the hearing officer shall be the basis for | 10 | | the State Fire Marshal's order.
If the State Fire Marshal
| 11 | | finds that substantial justice was not done, he or she may | 12 | | issue an order in
contravention
of the findings of fact, | 13 | | conclusions of law, and recommendations of the hearing
| 14 | | officer. The finding is not admissible in evidence against the | 15 | | person
in criminal prosecution brought for the violation of | 16 | | this Act, but the hearing and findings are not a bar to a | 17 | | criminal prosecution brought for the violation of this Act.
| 18 | | (f) All proceedings under this Section are matters of | 19 | | public record
and shall be preserved.
| 20 | | (Source: P.A. 96-1499, eff. 1-18-11; 97-979, eff. 8-17-12.) | 21 | | (225 ILCS 217/90) | 22 | | (Section scheduled to be repealed on January 1, 2023)
| 23 | | Sec. 90. Disciplinary sanctions; hearings. | 24 | | (a) The State Fire Marshal shall impose any of the | 25 | | following sanctions,
singly or in combination, when he or she |
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| 1 | | finds that a licensee is guilty of any
offense described in | 2 | | Section 75:
| 3 | | (1) revocation;
| 4 | | (2) suspension for any period of time;
| 5 | | (3) reprimand or censure;
| 6 | | (4) (blank); placement on probationary status and the | 7 | | requirement of the submission
of any of the following:
| 8 | | (i) report regularly to the Board or State Fire | 9 | | Marshal upon matters
that
are
the basis of the | 10 | | probation;
| 11 | | (ii) continuation or renewal of professional | 12 | | education until a
satisfactory degree
of skill has | 13 | | been attained in those areas that are the basis of the | 14 | | probation;
or
| 15 | | (iii) such other reasonable requirements or | 16 | | restrictions as are proper;
| 17 | | (5) refusal to issue, renew, reinstate, or restore;
| 18 | | (6) (blank); or revocation of probation that has been | 19 | | granted and imposition of any
other discipline
in this | 20 | | subsection (a) when the requirements of probation have not | 21 | | been
fulfilled or have been violated; or
| 22 | | (7) imposition of a fine not to exceed $5,000 for each | 23 | | violation of this Act or the rules adopted under this Act. | 24 | | (b) The State Fire Marshal may summarily suspend a license | 25 | | under this Act,
without
a hearing, simultaneously with the | 26 | | filing of a formal complaint and notice
for a hearing provided |
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| 1 | | under this Section if the State Fire Marshal finds that the
| 2 | | continued operations of the individual would constitute an | 3 | | immediate danger
to the public. In the event the State Fire | 4 | | Marshal suspends a license under this
subsection, a hearing by | 5 | | the hearing officer designated by the
State Fire Marshal shall | 6 | | begin within 20 days after such suspension begins, unless
| 7 | | continued at the request of the licensee.
| 8 | | (c) Disposition may be made of any formal complaint by | 9 | | consent order between
the State Fire Marshal and the licensee.
| 10 | | (d) The State Fire Marshal shall reinstate any license to | 11 | | good standing
under
this Act, upon recommendation to the State | 12 | | Fire Marshal, after a hearing before
the
hearing officer | 13 | | authorized by the State Fire Marshal.
The State Fire Marshal | 14 | | shall be satisfied that the applicant's renewed practice
is | 15 | | not contrary to the public interest.
| 16 | | (e) (Blank). The State Fire Marshal may order a licensee | 17 | | to submit to a reasonable
physical examination if his or her | 18 | | physical capacity to practice safely is at
issue in a | 19 | | disciplinary proceeding.
Failure to comply with a State Fire | 20 | | Marshal order to submit to a
physical
examination shall render | 21 | | a licensee liable to the summary suspension
procedures | 22 | | described in this Section.
| 23 | | (f) The State Fire Marshal may conduct hearings and issue | 24 | | cease and desist
orders
to persons who engage in activities | 25 | | prohibited by this Act without having
a valid license, | 26 | | certificate, or registration. Any person in violation of
a |
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| 1 | | cease and desist order entered by the State Fire Marshal shall | 2 | | be subject to
all
of the remedies provided by law, and in | 3 | | addition, shall be subject to a
civil penalty payable to the | 4 | | party injured by the violation.
| 5 | | (g) The State Fire Marshal shall seek to achieve | 6 | | consistency in the
application
of the foregoing sanctions and | 7 | | consent orders and significant departure
from prior decisions | 8 | | involving similar conduct shall be explained in the
State Fire | 9 | | Marshal's orders.
| 10 | | (Source: P.A. 96-1499, eff. 1-18-11; 97-979, eff. 8-17-12.) | 11 | | (225 ILCS 217/115) | 12 | | (Section scheduled to be repealed on January 1, 2023)
| 13 | | Sec. 115. Publication of records. The State Fire Marshal | 14 | | shall, upon
request,
publish
a list of the names and addresses | 15 | | of all fire equipment distributor licensees and the names of | 16 | | all fire equipment employee licensees under the provisions
of | 17 | | this Act. The State Fire Marshal shall publish a list of all | 18 | | persons whose
licenses
have been disciplined within one year, | 19 | | and a quarterly list of each individual
who was denied | 20 | | employment status because of a criminal history, together
with | 21 | | such other information as it may deem of interest to the | 22 | | public.
| 23 | | (Source: P.A. 96-1499, eff. 1-18-11 .)
| 24 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.".
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