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Full Text of HB1279  97th General Assembly

HB1279enr 97TH GENERAL ASSEMBLY

  
  
  

 


 
HB1279 EnrolledLRB097 07339 CEL 47448 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Fire Sprinkler Contractor Licensing Act is
5amended by changing Sections 15, 30, and 35 as follows:
 
6    (225 ILCS 317/15)
7    Sec. 15. Licensing requirements.
8    (a) It shall be unlawful for any person or business to
9engage in, advertise, or hold itself out to be in the business
10of installing or repairing fire sprinkler systems in this State
11after 6 months after the effective date of this Act, unless
12such person or business is licensed by the State Fire Marshal.
13This license must be renewed every year.
14    (b) In order to obtain a license, a person or business must
15submit an application to the State Fire Marshal, on a form
16provided by the State Fire Marshal containing the information
17prescribed, along with the application fee.
18    (c) A business applying for a license must have a
19designated certified person employed at the business location
20and the designated certified person shall be identified on the
21license application.
22    (d) A person or business applying for a license must show
23proof of having liability and property damage insurance in such

 

 

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1amounts and under such circumstances as may be determined by
2the State Fire Marshal. The amount of liability and property
3damage insurance, however, shall not be less than the amount
4specified in Section 35 of this Act.
5    (e) A person or business applying for a license must show
6proof of having workers' compensation insurance covering its
7employees or be approved as a self-insurer of workers'
8compensation in accordance with the laws of this State.
9    (f) A person or business so licensed shall have a separate
10license for each business location within the State or outside
11the State when the business location is responsible for any
12installation or repair of fire sprinkler systems performed
13within the State.
14    (g) When an individual proposes to do business in her or
15his own name, a license, when granted, shall be issued only to
16that individual.
17    (h) If the applicant requesting licensure to engage in
18contracting is a business organization, such as a partnership,
19corporation, business trust, or other legal entity, the
20application shall state the name of the partnership and its
21partners, the name of the corporation and its officers and
22directors, the name of the business trust and its trustees, or
23the name of such other legal entity and its members and shall
24furnish evidence of statutory compliance if a fictitious name
25is used. Such application shall also show that the business
26entity employs a designated certified person as required under

 

 

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1Section 20. The license, when issued upon application of a
2business organization, shall be in the name of the business
3organization and the name of the qualifying designated
4certified person shall be noted thereon.
5    (i) No license is required for a person or business that is
6engaged in the installation of fire sprinkler systems only in
7single family or multiple family residential dwellings up to
8and including 8 family units that do not exceed 2 1/2 stories
9in height from the lowest grade level.
10    (j) All fire protection system layout documents of fire
11sprinkler systems, as defined in Section 10 of this Act, shall
12be prepared by (i) a professional engineer who is licensed
13under the Professional Engineering Practice Act of 1989, (ii)
14an architect who is licensed under the Illinois Architecture
15Practice Act of 1989, or (iii) a holder of a valid NICET level
163 or 4 certification in fire protection technology automatic
17sprinkler system layout who is either licensed under this Act
18or employed by an organization licensed under this Act.
19(Source: P.A. 94-367, eff. 1-1-06.)
 
20    (225 ILCS 317/30)
21    Sec. 30. Requirements for the installation, repair,
22inspection, and testing of fire protection systems.
23    (a) Equipment shall be listed by a nationally recognized
24testing laboratory, such as Underwriters Laboratories, Inc. or
25Factory Mutual Laboratories, Inc., or shall comply with

 

 

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1nationally accepted standards. The State Fire Marshal shall
2adopt by rule procedures for determining whether a laboratory
3is nationally recognized, taking into account the laboratory's
4facilities, procedures, use of nationally recognized
5standards, and any other criteria reasonably calculated to
6reach an informed determination.
7    (b) Equipment shall be installed in accordance with the
8applicable standards of the National Fire Protection
9Association and the manufacturer's specifications.
10    (c) The contractor shall furnish the user with operating
11instructions for all equipment installed, together with a
12diagram of the final installation.
13    (d) All fire sprinkler systems shall have a backflow
14prevention device or, in a municipality with a population over
15500,000, a double detector check assembly installed by a
16licensed plumber before the fire sprinkler system connection to
17the water service. Connection to the backflow prevention device
18or, in a municipality with a population over 500,000, a double
19detector assembly shall be done in a manner consistent with the
20Department of Public Health's Plumbing Code.
21    (e) This licensing Act is not intended to require any
22additional fire inspections at State level.
23    (f) Inspections and testing of existing fire sprinkler
24systems and control equipment must be performed by a licensee
25or an individual employed or contracted by a licensee. Any
26individual who performs inspection and testing duties under

 

 

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1this subsection (f) must possess proof of (i) certification by
2a nationally recognized certification organization at an
3appropriate level, such as NICET Level II in Inspection and
4Testing of Water Based Systems or the equivalent, by January 1,
52009 or (ii) satisfactory completion of a certified sprinkler
6fitter apprenticeship program approved by the U.S. Department
7of Labor. State employees who perform inspections and testing
8on behalf of State institutions and who meet all other
9requirements of this subsection (f) need not be licensed under
10this Act or employed by a licensee under this Act in order to
11perform inspection and testing duties under this subsection
12(f). The requirements of this subsection (f) do not apply to
13individuals performing inspections or testing of fire
14sprinkler systems on behalf of a municipality, a county, a fire
15protection district, or the Office of the State Fire Marshal.
16This subsection (f) does not apply to cursory weekly and
17monthly inspections of gauges and control valves conducted in
18accordance with the standards of the National Fire Protection
19Association.
20    A copy of the inspection report for an inspection performed
21pursuant to this subsection (f) must be forwarded by the entity
22performing the inspection to the local fire department or fire
23protection district in which the sprinkler system is located.
24The inspection report must include the NICET Level II
25Inspection and Testing of Water Based Systems certification
26number or journeymen number of the person performing the

 

 

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1inspection.
2(Source: P.A. 95-305, eff. 8-20-07; 96-256, eff. 1-1-10.)
 
3    (225 ILCS 317/35)
4    Sec. 35. Fees, renewals, continuing education, and
5required insurance.
6    (a) The fees for an original license and each renewal and
7for duplicate copies of licenses shall be determined by the
8State Fire Marshal by rule.
9    (b) Each license must be renewed every 2 years. Each
10licensee must complete 16 hours of continuing education in the
112-year period following his or her renewal or initial licensure
12after the effective date of this amendatory Act of the 97th
13General Assembly. Current licensure as a professional engineer
14or proof of current NICET certification in Level III or IV
15shall satisfy this requirement for designated certified
16persons. Continuing education offered through nationally
17recognized building and fire code organizations and their
18affiliates; nationally recognized fire sprinkler organizations
19and their affiliates; institutions of higher education;
20educational bodies specializing in automatic fire suppression
21system technology; as well as other entities approved by the
22State Fire Marshal shall be also acceptable. All continuing
23education entities seeking to be approved providers of
24continuing education shall make application to the State Fire
25Marshal and offer programs that:

 

 

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1        (1) contribute to the advancement, extension, or
2    enhancement of the professional skills or technical
3    knowledge of the licensee in the practice of fire sprinkler
4    contracting; and
5        (2) are developed and presented by persons with
6    education or experience in the subject manner of the
7    program.
8    (c) Any person who fails to file a renewal application by
9the date of expiration of a license shall be assessed a late
10filing charge, which shall be determined by the State Fire
11Marshal by rule.
12    (d) (c) All fees shall be paid by check or money order. Any
13fee required by this Act is not refundable in the event that
14the original application or application for renewal is denied.
15    (e) (d) Every application for an original license shall be
16accompanied by a certificate of insurance issued by an
17insurance company authorized to do business in the State of
18Illinois or by a risk retention or purchasing group formed
19pursuant to the federal Liability Risk Retention Act of 1986,
20which provides primary, first dollar public liability coverage
21of the applicant or licensee for personal injuries for not less
22than $500,000 per person or $1,000,000 per occurrence, and, in
23addition, for not less than $1,000,000 per occurrence for
24property damage. The insurance policy shall be in effect at all
25times during the license year and a new certificate of
26insurance shall be filed with the State Fire Marshal within 30

 

 

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1days after the renewal of the insurance policy.
2(Source: P.A. 92-871, eff. 1-3-03.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.