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Full Text of HB1887  97th General Assembly

HB1887 97TH GENERAL ASSEMBLY

  
  

 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1887

 

Introduced , by Rep. Robert Rita

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 317/10
225 ILCS 317/13 new
225 ILCS 317/15
225 ILCS 317/30
225 ILCS 317/35

    Amends the Fire Sprinkler Contractor Licensing Act. Creates the State Fire Sprinkler Contractor Advisory Board. Provides that the Board shall (i) advise the State Fire Marshal on matters of licensing, continuing education, statutory changes, and administrative rulemaking, (ii) make recommendations to the State Fire Marshal on those matters, and (iii) hear and make recommendations to the State Fire Marshal on disciplinary matters that require a formal evidentiary hearing. Extends the licensing period from one year to 2 years. Provides that each licensee must complete 16 hours of continuing education in the 2-year period preceding their renewal date, beginning with licenses renewed after January 1, 2012. Makes other changes. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB1887LRB097 06783 CEL 46874 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 10, 15, 30, and 35 and by adding
6Section 13 as follows:
 
7    (225 ILCS 317/10)
8    Sec. 10. Definitions. As used in this Act, unless the
9context otherwise requires:
10    "Board" means the Fire Sprinkler Contractor Advisory
11Board.
12    "Designated certified person" means an individual who has
13met the qualifications set forth under Section 20 of this Act.
14    "Fire protection system layout documents" means layout
15drawings, catalog information on standard products, and other
16construction data that provide detail on the location of
17risers, cross mains, branch lines, sprinklers, piping per
18applicable standard, and hanger locations. "Fire protection
19system layout documents" serve as a guide for fabrication and
20installation of a fire sprinkler system and shall be based upon
21applicable standards pursuant to Section 30 of this Act.
22    "Fire sprinkler contractor" means a person who holds
23himself or herself out to be in the business of or contracts

 

 

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1with a person to install or repair a fire sprinkler system.
2    "Fire sprinkler system" means any water-based automatic
3fire extinguishing system employing fire sprinklers, including
4accessory fire pumps and associated piping, fire standpipes, or
5underground fire main systems starting at the connection to the
6water service after the approved backflow device is installed
7under the requirements of the Illinois Plumbing Code and ending
8at the most remote fire sprinkler. "Fire sprinkler system"
9includes but is not limited to a fire sprinkler system in a
10residential, commercial, institutional, educational, public,
11or private occupancy. "Fire sprinkler system" does not include
12single sprinkler heads that are in a loop of the potable water
13system, as referenced in 77 Ill. Adm. Code 890.1130 and
14890.1200.
15    "Licensee" means a person or business organization
16licensed in accordance with this Act.
17    "NICET" means the National Institute for Certification in
18Engineering Technologies.
19    "Person" means an individual, group of individuals,
20association, trust, partnership, corporation, person doing
21business under an assumed name, the State of Illinois, or
22department thereof, any other state-owned and operated
23institution, or any other entity.
24    "Supervision" means the direction and management by a
25designated certified person of the activities of non-certified
26personnel in the installation or repair of fire sprinkler

 

 

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1systems.
2(Source: P.A. 94-367, eff. 1-1-06.)
 
3    (225 ILCS 317/13 new)
4    Sec. 13. Fire Sprinkler Contractor Advisory Board. There is
5created the State Fire Sprinkler Contractor Advisory Board
6consisting of 5 members to be appointed by the State Fire
7Marshal. Each member shall be a resident of Illinois. Three
8members shall be licensed fire sprinkler contractors whose
9company has a designated certified person under this Act, one
10member shall be a fire inspector currently employed by a fire
11department of fire protection district, and one member shall be
12a representative of a labor organization. Each licensee
13appointed to the Board shall have a minimum of 5 years'
14experience as a licensee, be an officer in a licensed fire
15sprinkler company, and be actively engaged in the fire
16sprinkler business. In making Board appointments, the State
17Fire Marshal shall give consideration to the recommendations of
18members of the profession and of organizations representing
19members of the profession.
20    Each Board member shall serve for a term of 4 years and
21until his or her successor is appointed and qualified. However,
22in making initial appointments, 2 shall be appointed to serve
23for 2 years, 2 shall be appointed to serve for 3 years, and the
24remaining member, shall be appointed to serve for 4 years.
25Appointments to fill vacancies shall be made in the same manner

 

 

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1as original appointments for the unexpired portion of the
2vacated term.
3    A member of the Board may be removed from office for just
4cause. A member subject to formal disciplinary proceedings
5shall disqualify himself or herself from Board business until
6the charge is resolved. A member also shall disqualify himself
7or herself from any matter that the member may not objectively
8make a decision.
9    The Board members shall receive no compensation and shall
10not be reimbursed for expenses incurred in connection with
11their duties as board members.
12    A quorum shall consist of the members currently appointed.
13A majority vote of the Board is required for a Board decision.
14    The Board shall elect from its membership a chairman and
15other officers as it may deem necessary.
16    The Board members shall not be liable for any of their
17acts, omissions, decisions, or any other conduct in connection
18with their duties on the Board, except those involving willful,
19wanton, or intentional misconduct.
20    The Board shall (i) advise the State Fire Marshal on
21matters of licensing, continuing education, statutory changes,
22and administrative rulemaking, (ii) make recommendations to
23the State Fire Marshal on those matters, and (iii) hear and
24make recommendations to the State Fire Marshal on disciplinary
25matters that require a formal evidentiary hearing.
26    The Board may have additional powers as may be granted by

 

 

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1the State Fire Marshal to carry out the provisions of this Act.
 
2    (225 ILCS 317/15)
3    Sec. 15. Licensing requirements.
4    (a) It shall be unlawful for any person or business to
5engage in, advertise, or hold itself out to be in the business
6of installing or repairing fire sprinkler systems in this State
7after 6 months after the effective date of this Act, unless
8such person or business is licensed by the State Fire Marshal.
9This license must be renewed every year.
10    (b) In order to obtain a license, a person or business must
11submit an application to the State Fire Marshal, on a form
12provided by the State Fire Marshal containing the information
13prescribed, along with the application fee.
14    (c) A business applying for a license must have a
15designated certified person employed at the business location
16and the designated certified person shall be identified on the
17license application.
18    (d) A person or business applying for a license must show
19proof of having liability and property damage insurance in such
20amounts and under such circumstances as may be determined by
21the State Fire Marshal. The amount of liability and property
22damage insurance, however, shall not be less than the amount
23specified in Section 35 of this Act.
24    (e) A person or business applying for a license must show
25proof of having workers' compensation insurance covering its

 

 

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1employees or be approved as a self-insurer of workers'
2compensation in accordance with the laws of this State.
3    (f) A person or business so licensed shall have a separate
4license for each business location within the State or outside
5the State when the business location is responsible for any
6installation or repair of fire sprinkler systems performed
7within the State.
8    (g) When an individual proposes to do business in her or
9his own name, a license, when granted, shall be issued only to
10that individual.
11    (h) If the applicant requesting licensure to engage in
12contracting is a business organization, such as a partnership,
13corporation, business trust, or other legal entity, the
14application shall state the name of the partnership and its
15partners, the name of the corporation and its officers and
16directors, the name of the business trust and its trustees, or
17the name of such other legal entity and its members and shall
18furnish evidence of statutory compliance if a fictitious name
19is used. Such application shall also show that the business
20entity employs a designated certified person as required under
21Section 20. The license, when issued upon application of a
22business organization, shall be in the name of the business
23organization and the name of the qualifying designated
24certified person shall be noted thereon.
25    (i) No license is required for a person or business that is
26engaged in the installation of fire sprinkler systems only in

 

 

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1single family or multiple family residential dwellings up to
2and including 8 family units that do not exceed 2 1/2 stories
3in height from the lowest grade level.
4    (j) All fire protection system layout documents of fire
5sprinkler systems, as defined in Section 10 of this Act, shall
6be prepared by (i) a professional engineer who is licensed
7under the Professional Engineering Practice Act of 1989, (ii)
8an architect who is licensed under the Illinois Architecture
9Practice Act of 1989, or (iii) a holder of a valid NICET level
103 or 4 certification in fire protection technology automatic
11sprinkler system layout who is either licensed under this Act
12or employed by an organization licensed under this Act.
13(Source: P.A. 94-367, eff. 1-1-06.)
 
14    (225 ILCS 317/30)
15    Sec. 30. Requirements for the installation, repair,
16inspection, and testing of fire protection systems.
17    (a) Equipment shall be listed by a nationally recognized
18testing laboratory, such as Underwriters Laboratories, Inc. or
19Factory Mutual Laboratories, Inc., or shall comply with
20nationally accepted standards. The State Fire Marshal shall
21adopt by rule procedures for determining whether a laboratory
22is nationally recognized, taking into account the laboratory's
23facilities, procedures, use of nationally recognized
24standards, and any other criteria reasonably calculated to
25reach an informed determination.

 

 

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1    (b) Equipment shall be installed in accordance with the
2applicable standards of the National Fire Protection
3Association and the manufacturer's specifications.
4    (c) The contractor shall furnish the user with operating
5instructions for all equipment installed, together with a
6diagram of the final installation.
7    (d) All fire sprinkler systems shall have a backflow
8prevention device or, in a municipality with a population over
9500,000, a double detector check assembly installed by a
10licensed plumber before the fire sprinkler system connection to
11the water service. Connection to the backflow prevention device
12or, in a municipality with a population over 500,000, a double
13detector assembly shall be done in a manner consistent with the
14Department of Public Health's Plumbing Code.
15    (e) This licensing Act is not intended to require any
16additional fire inspections at State level.
17    (f) Inspections and testing of existing fire sprinkler
18systems and control equipment must be performed by a licensee
19or an individual employed or contracted by a licensee. Any
20individual who performs inspection and testing duties under
21this subsection (f) must possess proof of (i) certification by
22a nationally recognized certification organization at an
23appropriate level, such as NICET Level II in Inspection and
24Testing of Water Based Systems or the equivalent, by January 1,
252009 or (ii) satisfactory completion of a certified sprinkler
26fitter apprenticeship program approved by the U.S. Department

 

 

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1of Labor. State employees who perform inspections and testing
2on behalf of State institutions and who meet all other
3requirements of this subsection (f) need not be licensed under
4this Act or employed by a licensee under this Act in order to
5perform inspection and testing duties under this subsection
6(f). The requirements of this subsection (f) do not apply to
7individuals performing inspections or testing of fire
8sprinkler systems on behalf of a municipality, a county, a fire
9protection district, or the Office of the State Fire Marshal.
10This subsection (f) does not apply to cursory weekly and
11monthly inspections of gauges and control valves conducted in
12accordance with the standards of the National Fire Protection
13Association.
14    A copy of the inspection report for an inspection performed
15pursuant to this subsection (f) must be forwarded by the entity
16performing the inspection to the local fire department or fire
17protection district in which the sprinkler system is located.
18The inspection report must include the NICET Level II
19Inspection and Testing of Water Based Systems certification
20number or journeymen number of the person performing the
21inspection.
22(Source: P.A. 95-305, eff. 8-20-07; 96-256, eff. 1-1-10.)
 
23    (225 ILCS 317/35)
24    Sec. 35. Fees and required insurance.
25    (a) The fees for an original license and each renewal and

 

 

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1for duplicate copies of licenses shall be determined by the
2State Fire Marshal by rule.
3    (b) Each license must be renewed every 2 years. Each
4licensee must complete 16 hours of continuing education in the
52-year period preceding their renewal date, beginning with
6licenses renewed on or after January 1, 2012. The State Fire
7Marshal shall notify licensees of the continuing education
8requirement in renewals sent out on or after January 1, 2012.
9Current licensure as a professional engineer or proof of
10current NICET Certification in Level III or IV shall satisfy
11this requirement for designated certificated persons.
12Completion of continuing education offered through the
13National Fire Protection Association, the National Fire
14Sprinkler Association and it affiliates, or other fire service
15organizations or entities approved by the Department shall also
16be acceptable. It shall be the responsibility of the each
17continuing education sponsor to maintain records to verify
18attendance.
19    (c) Any person who fails to file a renewal application by
20the date of expiration of a license shall be assessed a late
21filing charge, which shall be determined by the State Fire
22Marshal by rule.
23    (d) (c) All fees shall be paid by check or money order. Any
24fee required by this Act is not refundable in the event that
25the original application or application for renewal is denied.
26    (e) (d) Every application for an original license shall be

 

 

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1accompanied by a certificate of insurance issued by an
2insurance company authorized to do business in the State of
3Illinois or by a risk retention or purchasing group formed
4pursuant to the federal Liability Risk Retention Act of 1986,
5which provides primary, first dollar public liability coverage
6of the applicant or licensee for personal injuries for not less
7than $500,000 per person or $1,000,000 per occurrence, and, in
8addition, for not less than $1,000,000 per occurrence for
9property damage. The insurance policy shall be in effect at all
10times during the license year and a new certificate of
11insurance shall be filed with the State Fire Marshal within 30
12days after the renewal of the insurance policy.
13(Source: P.A. 92-871, eff. 1-3-03.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.