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Public Act 92-0871
SB1622 Re-enrolled LRB9214855ACcd
AN ACT creating the Fire Sprinkler Contractor Licensing
Act.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Fire Sprinkler Contractor Licensing Act.
Section 5. Legislative intent. It is declared that
within the State of Illinois there are, and may continue to
be, locations where the improper installation or repair of
fire sprinkler systems creates conditions that may adversely
affect the public health and general welfare. Therefore, the
purpose of this Act is to protect, promote, and preserve the
public health and general welfare by providing for the
establishment of minimum standards for licensure of fire
sprinkler installation contractors.
Section 10. Definitions. As used in this Act, unless the
context otherwise requires:
"Designated certified person" means an individual who has
met the qualifications set forth under Section 20 of this
Act.
"Fire sprinkler contractor" means a person who holds
himself or herself out to be in the business of or contracts
with a person to install or repair a fire sprinkler system.
"Fire sprinkler system" means any water-based automatic
fire extinguishing system employing fire sprinklers,
including accessory fire pumps and associated piping, fire
standpipes, or underground fire main systems starting at the
connection to the water service after the approved backflow
device is installed under the requirements of the Illinois
Plumbing Code and ending at the most remote fire sprinkler.
"Fire sprinkler system" includes but is not limited to a fire
sprinkler system in a residential, commercial, institutional,
educational, public, or private occupancy. "Fire sprinkler
system" does not include single sprinkler heads that are in a
loop of the potable water system, as referenced in 77 Ill.
Adm. Code 890.1130 and 890.1200.
"Licensee" means a person or business organization
licensed in accordance with this Act.
"NICET" means the National Institute for Certification in
Engineering Technologies.
"Person" means an individual, group of individuals,
association, trust, partnership, corporation, person doing
business under an assumed name, the State of Illinois, or
department thereof, any other state-owned and operated
institution, or any other entity.
"Supervision" means the direction and management by a
designated certified person of the activities of
non-certified personnel in the installation or repair of fire
sprinkler systems.
Section 12. License; enforcement; failure to pay tax.
No person shall act as a fire sprinkler contractor, or
advertise or assume to act as such, or use any title implying
that such person is engaged in such practice or occupation
unless licensed by the State Fire Marshal.
No firm, association, or corporation shall act as an
agency licensed under this Act, or advertise or assume to act
as such, or use any title implying that the firm,
association, or corporation is engaged in such practice,
unless licensed by the State Fire Marshal.
The State Fire Marshal, in the name of the People and
through the Attorney General, the State's Attorney of any
county, any resident of the State, or any legal entity within
the State may apply for injunctive relief in any court to
enjoin any person who has not been issued a license or whose
license has been suspended, revoked, or not renewed from
practicing a licensed activity, and upon the filing of a
verified petition, the court, if satisfied by affidavit or
otherwise, that such person is or has been practicing in
violation of this Act may enter a temporary restraining order
or preliminary injunction, without bond, enjoining the
defendant from such further activity. A copy of the verified
complaint shall be served upon the defendant and the
proceedings shall thereafter be conducted as in other civil
cases. If it is established that the defendant has been or
is practicing in violation of this Act, the court may enter a
judgment perpetually enjoining the defendant from such
further activity. In case of violation of any injunctive
order or judgment entered under the provisions of this
Section, the court may summarily try and punish the offender
for contempt of court. Such injunctive proceeding shall be
in addition to all penalties and other remedies in this Act.
The State Fire Marshal may refuse to issue a license to,
or may suspend the license of, any person who fails to file a
return, to pay the tax, penalty, or interest shown in a filed
return, or to pay any final assessment of tax, penalty, or
interest, as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied.
Section 15. Licensing requirements.
(a) It shall be unlawful for any person or business to
engage in, advertise, or hold itself out to be in the
business of installing or repairing fire sprinkler systems in
this State after 6 months after the effective date of this
Act, unless such person or business is licensed by the State
Fire Marshal. This license must be renewed every year.
(b) In order to obtain a license, a person or business
must submit an application to the State Fire Marshal, on a
form provided by the State Fire Marshal containing the
information prescribed, along with the application fee.
(c) A business applying for a license must have a
designated certified person employed at the business location
and the designated certified person shall be identified on
the license application.
(d) A person or business applying for a license must
show proof of having liability and property damage insurance
in such amounts and under such circumstances as may be
determined by the State Fire Marshal. The amount of
liability and property damage insurance, however, shall not
be less than the amount specified in Section 35 of this Act.
(e) A person or business applying for a license must
show proof of having workers' compensation insurance covering
its employees or be approved as a self-insurer of workers'
compensation in accordance with the laws of this State.
(f) A person or business so licensed shall have a
separate license for each business location within the State
or outside the State when the business location is
responsible for any installation or repair of fire sprinkler
systems performed within the State.
(g) When an individual proposes to do business in her or
his own name, a license, when granted, shall be issued only
to that individual.
(h) If the applicant requesting licensure to engage in
contracting is a business organization, such as a
partnership, corporation, business trust, or other legal
entity, the application shall state the name of the
partnership and its partners, the name of the corporation and
its officers and directors, the name of the business trust
and its trustees, or the name of such other legal entity and
its members and shall furnish evidence of statutory
compliance if a fictitious name is used. Such application
shall also show that the business entity employs a designated
certified person as required under Section 20. The license,
when issued upon application of a business organization,
shall be in the name of the business organization and the
name of the qualifying designated certified person shall be
noted thereon.
(i) No license is required for a person or business that
is engaged in the installation of fire sprinkler systems only
in single family or multiple family residential dwellings up
to and including 8 family units that do not exceed 2 1/2
stories in height from the lowest grade level.
Section 20. Designated certified person requirements.
(a) A designated certified person must either be a
current Illinois licensed professional engineer or hold a
valid NICET level 3 or higher certification in "fire
protection technology, automatic sprinkler system layout".
(b) At least one member of every firm, association, or
partnership and at least one corporate officer of every
corporation engaged in the installation and repair of fire
sprinkler systems must be a designated certified person.
(c) A designated certified person must be employed by
the licensee at a business location with a valid license.
(d) A designated certified person must perform his or
her normal duties at a business location with a valid
license.
(e) A designated certified person may only be the
designated certified person for one business location and one
business entity.
(f) A designated certified person must be directly
involved in supervision. The designated certified person
does not, however, have to be at the site of the installation
or repair of the fire sprinkler system at all times.
Section 25. Change of a designated certified person.
When a licensee is without a designated certified person, the
licensee shall notify the State Fire Marshal in writing
within 30 days and shall employ a designated certified person
no later than 180 days from the time the position of
designated certified person becomes vacant. Failing to fill
the vacant position shall cause the license of the person or
of the business organization to expire without further
operation of law.
Section 30. Requirements for the installation and repair
of fire protection systems.
(a) Equipment shall be listed by a nationally recognized
testing laboratory, such as Underwriters Laboratories, Inc.
or Factory Mutual Laboratories, Inc., or shall comply with
nationally accepted standards. The State Fire Marshal shall
adopt by rule procedures for determining whether a laboratory
is nationally recognized, taking into account the
laboratory's facilities, procedures, use of nationally
recognized standards, and any other criteria reasonably
calculated to reach an informed determination.
(b) Equipment shall be installed in accordance with the
applicable standards of the National Fire Protection
Association and the manufacturer's specifications.
(c) The contractor shall furnish the user with operating
instructions for all equipment installed, together with a
diagram of the final installation.
(d) All fire sprinkler systems shall have a backflow
prevention device or, in a municipality with a population
over 500,000, a double detector check assembly installed by a
licensed plumber before the fire sprinkler system connection
to the water service. Connection to the backflow prevention
device or, in a municipality with a population over 500,000,
a double detector assembly shall be done in a manner
consistent with the Department of Public Health's Plumbing
Code.
(e) This licensing Act is not intended to require any
additional fire inspections at State level.
Section 35. Fees and required insurance.
(a) The fees for an original license and each renewal
and for duplicate copies of licenses shall be determined by
the State Fire Marshal by rule.
(b) Any person who fails to file a renewal application
by the date of expiration of a license shall be assessed a
late filing charge, which shall be determined by the State
Fire Marshal by rule.
(c) All fees shall be paid by check or money order. Any
fee required by this Act is not refundable in the event that
the original application or application for renewal is
denied.
(d) Every application for an original license shall be
accompanied by a certificate of insurance issued by an
insurance company authorized to do business in the State of
Illinois or by a risk retention or purchasing group formed
pursuant to the federal Liability Risk Retention Act of 1986,
which provides primary, first dollar public liability
coverage of the applicant or licensee for personal injuries
for not less than $500,000 per person or $1,000,000 per
occurrence, and, in addition, for not less than $1,000,000
per occurrence for property damage. The insurance policy
shall be in effect at all times during the license year and a
new certificate of insurance shall be filed with the State
Fire Marshal within 30 days after the renewal of the
insurance policy.
Section 40. Deposit of fines and fees; appropriation.
All administrative civil fines and fees collected pursuant to
the Act shall be deposited into the Fire Prevention Fund, a
special fund in the State treasury. The General Assembly
shall appropriate the amount annually collected as
administrative civil fines and fees to the State Fire Marshal
for the purposes of administering this Act.
Section 45. Home rule. A home rule unit may not
regulate the installation and repair of fire sprinkler
systems in a manner less restrictive than the regulation by
the State on the installation and repair of fire sprinkler
systems under this Act. This Section is a limitation under
subsection (i) of Section 6 of Article VII of the Illinois
Constitution on the concurrent exercise by home rule units of
powers and functions exercised by the State.
Section 50. Powers and duties of the State Fire Marshal.
The State Fire Marshal has all of the following powers and
duties:
(a) To prescribe and furnish application forms,
licenses, and any other forms necessary under this Act.
(b) To suspend, revoke, or refuse to issue or renew
licenses for cause.
(c) To conduct hearings concerning the suspension,
revocation, or refusal to issue or renew licenses.
(d) To levy and collect fines pursuant to this Act.
(e) To promulgate rules and regulations necessary for
the administration of this Act.
Section 55. Rules; public hearing. Subject to the
requirement for public hearings as provided in this Section,
the State Fire Marshal shall promulgate, publish, and adopt,
and may, from time to time, amend such rules as may be
necessary for the proper enforcement of this Act, to protect
the health and safety of the public. The State Fire Marshal
shall hold a public hearing prior to the adoption or
amendment of rules required under this Act. The State Fire
Marshal may, when necessary, utilize the services of any
other State agency to assist in carrying out the purposes of
this Act.
Section 60. Grounds for disciplinary action. The
following constitute grounds for disciplinary action by the
State Fire Marshal:
(1) Violation of any provision of this Act or of any
rule adopted pursuant thereto.
(2) Violation of the applicable building codes or laws
of this State or any municipality or county thereof.
(3) Diversion of funds or property received for
prosecution or completion of a specified construction project
or operation when, as a result of the diversion, the
contractor is, or will be, unable to fulfill the terms of her
or his obligation or contract.
(4) Disciplinary action by any municipality or county,
which action shall be reviewed by the State Fire Marshal
before taking any disciplinary action.
(5) Failure to supervise the installation of the fire
protection system covered by the installation permit signed
by the contractor.
(6) Rendering a fire protection system, standpipe
system, or underground water supply main connecting to the
system inoperative except when the fire protection system,
standpipe system, or underground water supply main is being
inspected, serviced, tested, or repaired or pursuant to court
order.
(7) Improperly servicing, repairing, testing, or
inspecting a fire protection system, standpipe system, or
underground water supply main connecting to the system.
(8) Failing to provide proof of insurance to the State
Fire Marshal or failing to maintain in force the insurance
coverage required by this Act.
(9) Failing to obtain, retain, or maintain one or more
of the qualifications for a designated certified person as
specified in this Act.
(10) Making a material misstatement or misrepresentation
or committing a fraud in obtaining or attempting to obtain a
license.
(11) Failing to notify the State Fire Marshal, in
writing, within 30 days after a change of residence address,
principal business address, or name.
(12) Failure to supply within a reasonable time, upon
request from the State Fire Marshal or its authorized
representative, true information regarding material used,
work performed, or other information essential to the
administration of this Act.
(13) Aiding or abetting a person to violate a provision
of this Act, conspiring with any person to violate a
provision of this Act, or allowing a license to be used by
another person.
Section 65. Notice; suspension, revocation, or refusal
to renew a license.
(a) Whenever the State Fire Marshal determines that
there are reasonable grounds to believe that a licensee has
violated a provision of this Act or the rules adopted under
this Act, the State Fire Marshal shall give notice of the
alleged violation to the person whom the license was issued.
The notice shall (i) be in writing; (ii) include a
statement of the alleged violation which necessitates
issuance of the notice; (iii) contain an outline of remedial
action that, if taken, will effect compliance with the
provisions of this Act and the rules adopted under this Act;
(iv) prescribe a reasonable time, as determined by the State
Fire Marshal, for the performance of any action required by
the notice; and (v) be served upon the licensee. The notice
shall be deemed to have been properly served upon the person
when a copy of the notice has been sent by registered or
certified mail to his or her last known address as furnished
to the State Fire Marshal or when he or she has been served
the notice by any other method authorized by law.
(b) If the person to whom the notice is served does not
comply with the terms of the notice within the time
limitations specified in the notice, the State Fire Marshal
may proceed with action to suspend, revoke, or refuse to
issue a license as provided in this Section.
(c) Other requirements of this Act notwithstanding, when
the State Fire Marshal determines that reasonable grounds
exist to indicate that a violation of this Act has been
committed and the violation is the third separate violation
by that person in an 18-month period, the notice requirement
of subsection (a) of this Section is waived and the State
Fire Marshal may proceed immediately with action to suspend,
revoke, or refuse to issue a license.
(d) In any proceeding to suspend, revoke, or refuse to
issue a license, the State Fire Marshal shall first serve or
cause to be served upon the licensee a written notice of the
State Fire Marshal's intent to take action. The notice shall
specify the way in which the person has failed to comply with
this Act or any other rules or standards of the State Fire
Marshal.
(e) In the case of revocation or suspension, the notice
shall require the person to remove or abate the violation or
objectionable condition specified in the notice within 5
days. The State Fire Marshal may specify a longer period of
time as it deems necessary. If the person fails to comply
with the terms and conditions of the revocation or suspension
notice within the time specified by the State Fire Marshal,
the State Fire Marshal may revoke or suspend the license.
(f) In the case of refusal to issue a license, if the
person fails to comply with the Act or rules or standards
promulgated under the Act, the State Fire Marshal may refuse
to issue a license.
Section 70. Administrative hearing. The State Fire
Marshal shall give written notice by certified or registered
mail to an applicant or licensee of the State Fire Marshal's
intent to suspend, revoke, or refuse to issue a license or to
assess a fine. Such person has a right to a hearing before
the State Fire Marshal. A written notice of a request for a
hearing shall be served on the State Fire Marshal within 10
days of notice of the refusal, suspension, or revocation of a
license or imposition of a fine. The hearing shall be
conducted by the State Fire Marshal or a hearing officer
designated in writing by the State Fire Marshal. A
stenographic record shall be made of the hearing and the cost
of the hearing shall be borne by the State Fire Marshal. A
transcript of the hearing shall be made only upon request of
the applicant or licensee and shall be transcribed at the
cost of that person.
Section 75. Subpoena powers; administration of oath. The
State Fire Marshal or hearing officer may compel by subpoena
or subpoena duces tecum the attendance and testimony of
witnesses and the production of books and papers. All
subpoenas issued by the State Fire Marshal or hearing officer
may be served as provided for in a civil action. The fees of
witnesses for attendance and travel shall be the same as the
fees for witnesses before the circuit court and shall be paid
by the party at whose request the subpoena is issued. If such
subpoena is issued at the request of the State Fire Marshal,
the witness fee shall be paid as an administrative expense.
In the case of refusal of a witness to attend or testify
or to produce books or papers concerning any matter upon
which he or she might be lawfully examined, the circuit court
of the county where the hearing is held, upon application of
any party to the proceeding, may compel obedience by a
proceeding for contempt.
The State Fire Marshal or hearing officer has the
authority to administer oaths to witnesses.
Section 80. Deposition of witnesses; testimony at hearing
recorded. In the event of the inability of any party or the
State Fire Marshal to procure the attendance of witnesses to
give testimony or produce books and papers, the party or the
State Fire Marshal may take the deposition of witnesses in
accordance with the laws of this State. All testimony taken
at a hearing shall be reduced to writing and all such
testimony and other evidence introduced at the hearing shall
be a part of the record of the hearing.
Section 85. Certification of record. The State Fire
Marshal is not required to certify any record or file any
answer or otherwise appear in any proceeding for judicial
review unless the party filing the complaint deposits with
the clerk of the court the sum of one dollar per page
representing the costs of the certification. Failure on the
part of the plaintiff to make the deposit shall be grounds
for dismissal of the action.
Section 90. Injunction. Faulty fire sprinkler
installation and repair is declared a violation of this Act
and inimical to the public health, welfare, and safety and a
deceptive business practice. The State Fire Marshal, in the
name of the People of the State, through the Attorney General
or the State's Attorney of the county in which the violation
occurs may, in addition to other remedies herein provided,
bring an action for an injunction to restrain such violation
or enjoin the future performance of the person who committed
the violation until compliance with the provisions of this
Act has been obtained.
Section 95. Penalty. Any person who violates this Act or
any rule adopted by the State Fire Marshal, or who violates
any determination or order of the State Fire Marshal under
this Act shall be guilty of a Class A misdemeanor and shall
be fined a sum not less than $100.
Each day's violation constitutes a separate offense. The
State's Attorney of the county in which the violation
occurred or the Attorney General shall bring such actions in
the name of the people of the State of Illinois.
Section 100. Administrative civil fines. The State Fire
Marshal is empowered to assess administrative civil fines
against a licensee for violations of this Act or its rules.
These fines shall not be greater than $1,000 for each
offense. These fines shall be in addition to, or in lieu of,
license suspensions and revocations. Rules to implement this
Section shall be adopted by the State Fire Marshal within 6
months after the effective date of this Act.
The hearing officer shall, upon determination that a
violation of the Act or rules has occurred, determine the
amount of these fines. Any fine assessed and not paid within
60 days after receiving notice of the fine from the State
Fire Marshal may be submitted to the Attorney General's
office for collection. Failure to pay a fine shall also be
grounds for immediate suspension or revocation of a license
issued under this Act.
Section 105. Judicial review of final administrative
decision. The Administrative Review Law and the rules adopted
under the Administrative Review Law apply to and govern all
proceedings for judicial review of final administrative
decisions of the State Fire Marshal under this Act. Such
judicial review shall be had in the circuit court of the
county in which the cause of the action arose. The term
"administrative decision" is defined in Section 3-101 of the
Code of Civil Procedure.
Section 110. Illinois Administrative Procedure Act. The
provisions of the Illinois Administrative Procedure Act are
hereby expressly adopted and shall apply to all
administrative rules and procedures of the State Fire Marshal
under this Act, except that, in the case of conflict between
the Illinois Administrative Procedure Act and this Act, the
provisions of this Act shall control, and except that Section
5-35 of the Illinois Administrative Procedure Act relating to
procedures for rule-making does not apply to the adoption of
any rule required by federal law in connection with which the
State Fire Marshal is precluded by law from exercising any
discretion.
Section 115. Severability clause. If any part of this
Act is adjudged invalid, such adjudication shall not affect
the validity of the Act as a whole or of any other part.
Section 120. Grandfather clause. Any person or business
that, as of the effective date of this Act, is installing or
repairing fire sprinkler systems in the State of Illinois and
has a minimum of 3 years of experience in installing or
repairing fire sprinkler systems is exempt from having a
designated certified person as required in Section 20.
Section 999. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 23, 2002.
Governor Amendatory Veto August 15, 2002.
General Assembly Accepts Amendatory Veto December 04, 2002.
Returned to Governor for Certification December 12, 2002.
Governor Certifies Changes January 03, 2003.
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