TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 172 PETROLEUM EQUIPMENT CONTRACTOR LICENSING
SECTION 172.120 CONTRACTOR NOTICE OF VIOLATION CITATIONS AND PENALTY PROCESS

Section 172.120  Contractor Notice of Violation Citations and Penalty Process

 

Listed in Appendix A are areas where a contractor could receive a Contractor Notice of Violation (CNOV). The identification of an area as Group A, B or C corresponds to the nature of the violation, e.g., Administrative, Quality Control or Safety. In addition to the violations identified in Appendix A, a contractor can receive a CNOV for any action that, in the opinion of the OSFM, poses imminent danger to the environment or the health and safety of citizens of Illinois.  Penalties will be applied to CNOVs based on the following criteria:

 

a)         All CNOV’s will remain in the contractor’s file. The penalty process will be based on active CNOVs. Active CNOVs for purposes of the penalty process will be those that occurred in the 24 months prior to the date of CNOV issuance. No active CNOV can be issued prior to the adoption of this Part.

 

b)        Penalty assessment for CNOVs will be calculated utilizing the following method:

 

1)         Contractors may receive 3 CNOVs with Group A violations that occurred in the 24 months prior to the date of CNOV issuance. Upon receipt of the fourth and any subsequent Group A violations, the fine shall be as follows:

 

Fourth Violation:

$1000

Fifth Violation:

$2000

Sixth Violation:

$3000

Seventh Violation:

$4000 and a 30-day license suspension in all modules where the violations occurred.

Eighth Violation:

$8000 and the contractor's license in the modules where the violations took place will be reviewed for possible suspension or revocation.

 

2)         Contractors may receive 2 Group B violations that occurred in the 24 months prior to the date of CNOV issuance. Upon receipt of the third and subsequent Group B violations, the fine shall be as follows:

 

Third Violation:

$1500

Fourth Violation:

$3000

Fifth Violation:

$4500

Sixth Violation:

$6000 and a 60-day license suspension in all modules where the violations occurred.

Seventh Violation:

$10,000 and the contractor's license in the modules where the violations took place will be reviewed for possible suspension or revocation.

 

3)         Any CNOV issued for a Group C violation will result in the immediate application of the following penalty structure:

 

First Violation with no property damage or no personal injury:

$1500

First Violation with property damage but no personal injury:

$3000 and a 30-day license suspension in the module where the violation occurred.

First Violation with personal injury:

$5000 and a 60-day license suspension in the module where the violation occurred.

Second Group C violation:

all penalties double and the contractor's license in the modules where the violations took place will be reviewed for possible suspension or revocation.

 

c)         Fines are limited to a maximum of $10,000 per offense and suspension or revocation of licensure.

 

d)         Contractors receiving a CNOV will be notified of the pending fine and any suspension or revocation and will have 15 calendar days from receipt of the notice to appeal the penalty to the Review Panel (RP) at its next quarterly meeting or to pay the fine and be subject to any suspension or revocation. Payment of fines should be submitted to the Office of the State Fire Marshal, Division of Petroleum and Chemical Safety, 1035 Stevenson Drive, Springfield IL  62703-4259.