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92nd General Assembly

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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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