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92_SB1622 LRB9214855ACcd 1 AN ACT creating the Fire Sprinkler Contractor Licensing 2 Act. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 1. Short title. This Act may be cited as the 6 Fire Sprinkler Contractor Licensing Act. 7 Section 5. Legislative intent. It is declared that 8 within the State of Illinois there are, and may continue to 9 be, locations where the improper installation or repair of 10 fire sprinkler systems creates conditions that may adversely 11 affect the public health and general welfare. Therefore, the 12 purpose of this Act is to protect, promote, and preserve the 13 public health and general welfare by providing for the 14 establishment of minimum standards for licensure of fire 15 sprinkler installation contractors. 16 Section 10. Definitions. As used in this Act, unless the 17 context otherwise requires: 18 "Designated certified person" means an individual who has 19 met the qualifications set forth under Section 20 of this 20 Act. 21 "Fire sprinkler contractor" means a person who holds 22 himself or herself out to be in the business of or contracts 23 with a person to install or repair a fire sprinkler system. 24 "Fire sprinkler system" means any water-based automatic 25 fire extinguishing system employing fire sprinklers, 26 including accessory fire pumps and associated piping, fire 27 standpipes, or underground fire main systems starting at the 28 point of service as defined herein and ending at the most 29 remote fire sprinkler. "Fire sprinkler system" includes but 30 is not limited to a fire sprinkler system in a residential, -2- LRB9214855ACcd 1 commercial, institutional, educational, public, or private 2 occupancy. "Fire sprinkler system" does not include single 3 sprinkler heads that are in a loop of the potable water 4 system, as referenced in 77 Ill. Adm. Code 890.1130 and 5 890.1200. 6 "Licensee" means a person or business organization 7 licensed in accordance with this Act. 8 "NICET" means the National Institute for Certification in 9 Engineering Technologies. 10 "Person" means an individual, group of individuals, 11 association, trust, partnership, corporation, person doing 12 business under an assumed name, the State of Illinois, or 13 department thereof, any other state-owned and operated 14 institution, or any other entity. 15 "Point of service" means the point of connection to the 16 water service after the approved backflow device is installed 17 under the requirements of the Illinois Plumbing Code. 18 "Supervision" means the direction and management by a 19 designated certified person of the activities of 20 non-certified personnel in the installation or repair of fire 21 sprinkler systems. 22 Section 12. License; enforcement; failure to pay tax. 23 No person shall act as a fire sprinkler contractor, or 24 advertise or assume to act as such, or use any title implying 25 that such person is engaged in such practice or occupation 26 unless licensed by the State Fire Marshal. 27 No firm, association, or corporation shall act as an 28 agency licensed under this Act, or advertise or assume to act 29 as such, or use any title implying that the firm, 30 association, or corporation is engaged in such practice, 31 unless licensed by the State Fire Marshal. 32 The State Fire Marshal, in the name of the People and 33 through the Attorney General, the State's Attorney of any 34 county, any resident of the State, or any legal entity within -3- LRB9214855ACcd 1 the State may apply for injunctive relief in any court to 2 enjoin any person who has not been issued a license or whose 3 license has been suspended, revoked, or not renewed from 4 practicing a licensed activity, and upon the filing of a 5 verified petition, the court, if satisfied by affidavit or 6 otherwise, that such person is or has been practicing in 7 violation of this Act may enter a temporary restraining order 8 or preliminary injunction, without bond, enjoining the 9 defendant from such further activity. A copy of the verified 10 complaint shall be served upon the defendant and the 11 proceedings shall thereafter be conducted as in other civil 12 cases. If it is established that the defendant has been or 13 is practicing in violation of this Act, the court may enter a 14 judgment perpetually enjoining the defendant from such 15 further activity. In case of violation of any injunctive 16 order or judgment entered under the provisions of this 17 Section, the court may summarily try and punish the offender 18 for contempt of court. Such injunctive proceeding shall be 19 in addition to all penalties and other remedies in this Act. 20 The State Fire Marshal may refuse to issue a license to, 21 or may suspend the license of, any person who fails to file a 22 return, to pay the tax, penalty, or interest shown in a filed 23 return, or to pay any final assessment of tax, penalty, or 24 interest, as required by any tax Act administered by the 25 Illinois Department of Revenue, until such time as the 26 requirements of any such tax Act are satisfied. 27 Section 15. Licensing requirements. 28 (a) It shall be unlawful for any person or business to 29 engage in, advertise, or hold itself out to be in the 30 business of installing or repairing fire sprinkler systems in 31 this State after 6 months after the effective date of this 32 Act, unless such person or business is licensed by the State 33 Fire Marshal. This license must be renewed every year. -4- LRB9214855ACcd 1 (b) In order to obtain a license, a person or business 2 must submit an application to the State Fire Marshal, on a 3 form provided by the State Fire Marshal containing the 4 information prescribed, along with the application fee. 5 (c) A business applying for a license must have a 6 designated certified person employed at the business location 7 and the designated certified person shall be identified on 8 the license application. 9 (d) A person or business applying for a license must 10 show proof of having liability and property damage insurance 11 in such amounts and under such circumstances as may be 12 determined by the State Fire Marshal. The amount of 13 liability and property damage insurance, however, shall not 14 be less than the amount specified in Section 35 of this Act. 15 (e) A person or business applying for a license must 16 show proof of having workers' compensation insurance covering 17 its employees or be approved as a self-insurer of workers' 18 compensation in accordance with the laws of this State. 19 (f) A person or business so licensed shall have a 20 separate license for each business location within the State 21 or outside the State when the business location is 22 responsible for any installation or repair of fire sprinkler 23 systems performed within the State. 24 (g) When an individual proposes to do business in her or 25 his own name, a license, when granted, shall be issued only 26 to that individual. 27 (h) If the applicant requesting licensure to engage in 28 contracting is a business organization, such as a 29 partnership, corporation, business trust, or other legal 30 entity, the application shall state the name of the 31 partnership and its partners, the name of the corporation and 32 its officers and directors, the name of the business trust 33 and its trustees, or the name of such other legal entity and 34 its members and shall furnish evidence of statutory -5- LRB9214855ACcd 1 compliance if a fictitious name is used. Such application 2 shall also show that the business entity employs a designated 3 certified person as required under Section 20. The license, 4 when issued upon application of a business organization, 5 shall be in the name of the business organization and the 6 name of the qualifying designated certified person shall be 7 noted thereon. 8 (i) A separate license shall be issued to a person or 9 business that is engaged in the installation of fire 10 sprinkler systems only in single family or multiple family 11 residential dwellings up to and including 8 family units that 12 do not exceed 2 1/2 stories in height from the lowest grade 13 level. Any person or business that obtains this license 14 shall not be required to meet the requirements of the 15 designated certified person pursuant to Section 20 of this 16 Act. 17 Section 20. Designated certified person requirements. 18 (a) A designated certified person must either be a 19 current Illinois licensed professional engineer or hold a 20 valid NICET level 3 or higher certification in "fire 21 protection technology, automatic sprinkler system layout". 22 (b) At least one member of every firm, association, or 23 partnership and at least one corporate officer of every 24 corporation engaged in the installation and repair of fire 25 sprinkler systems must be a designated certified person. 26 (c) A designated certified person must be employed by 27 the licensee at a business location with a valid license. 28 (d) A designated certified person must perform his or 29 her normal duties at a business location with a valid 30 license. 31 (e) A designated certified person may only be the 32 designated certified person for one business location and one 33 business entity. -6- LRB9214855ACcd 1 (f) A designated certified person must be directly 2 involved in supervision. The designated certified person 3 does not, however, have to be at the site of the installation 4 or repair of the fire sprinkler system at all times. 5 Section 25. Change of a designated certified person. 6 When a licensee is without a designated certified person, the 7 licensee shall notify the State Fire Marshal in writing 8 within 30 days and shall employ a designated certified person 9 no later than 180 days from the time the position of 10 designated certified person becomes vacant. Failing to fill 11 the vacant position shall cause the license of the person or 12 of the business organization to expire without further 13 operation of law. 14 Section 30. Requirements for the installation and repair 15 of fire protection systems. 16 (a) Equipment shall be listed by a nationally recognized 17 testing laboratory, such as Underwriters Laboratories, Inc. 18 or Factory Mutual Laboratories, Inc., or shall comply with 19 nationally accepted standards. The State Fire Marshal shall 20 adopt by rule procedures for determining whether a laboratory 21 is nationally recognized, taking into account the 22 laboratory's facilities, procedures, use of nationally 23 recognized standards, and any other criteria reasonably 24 calculated to reach an informed determination. 25 (b) Equipment shall be installed in accordance with the 26 applicable standards of the National Fire Protection 27 Association and the manufacturer's specifications. 28 (c) The contractor shall furnish the user with operating 29 instructions for all equipment installed, together with a 30 diagram of the final installation. 31 (d) All fire sprinkler systems shall have a backflow 32 prevention device installed by a licensed plumber before the -7- LRB9214855ACcd 1 point of service. Connection to the backflow prevention 2 device shall be done in a manner consistent with the 3 Department of Public Health's Plumbing Code. 4 (e) This licensing Act is not intended to require any 5 additional fire inspections at State level. 6 Section 35. Fees and required insurance. 7 (a) The fees for an original license and each renewal 8 and for duplicate copies of licenses shall be determined by 9 the State Fire Marshal by rule. 10 (b) Any person who fails to file a renewal application 11 by the date of expiration of a license shall be assessed a 12 late filing charge, which shall be determined by the State 13 Fire Marshal by rule. 14 (c) All fees shall be paid by check or money order. Any 15 fee required by this Act is not refundable in the event that 16 the original application or application for renewal is 17 denied. 18 (d) Every application for an original license shall be 19 accompanied by a certificate of insurance issued by an 20 insurance company authorized to do business in the State of 21 Illinois or by a risk retention or purchasing group formed 22 pursuant to the federal Liability Risk Retention Act of 1986, 23 which provides primary, first dollar public liability 24 coverage of the applicant or licensee for personal injuries 25 for not less than $500,000 per person or $1,000,000 per 26 occurrence, and, in addition, for not less than $1,000,000 27 per occurrence for property damage. The insurance policy 28 shall be in effect at all times during the license year and a 29 new certificate of insurance shall be filed with the State 30 Fire Marshal within 30 days after the renewal of the 31 insurance policy. 32 Section 40. Deposit of fines and fees; appropriation. -8- LRB9214855ACcd 1 All administrative civil fines and fees collected pursuant to 2 the Act shall be deposited into the Fire Prevention Fund, a 3 special fund in the State treasury. The General Assembly 4 shall appropriate the amount annually collected as 5 administrative civil fines and fees to the State Fire Marshal 6 for the purposes of administering this Act. 7 Section 45. Home rule. A home rule unit may not 8 regulate the installation and repair of fire sprinkler 9 systems in a manner less restrictive than the regulation by 10 the State on the installation and repair of fire sprinkler 11 systems under this Act. This Section is a limitation under 12 subsection (i) of Section 6 of Article VII of the Illinois 13 Constitution on the concurrent exercise by home rule units of 14 powers and functions exercised by the State. 15 Section 50. Powers and duties of the State Fire Marshal. 16 The State Fire Marshal has all of the following powers and 17 duties: 18 (a) To prescribe and furnish application forms, 19 licenses, and any other forms necessary under this Act. 20 (b) To suspend, revoke, or refuse to issue or renew 21 licenses for cause. 22 (c) To conduct hearings concerning the suspension, 23 revocation, or refusal to issue or renew licenses. 24 (d) To levy and collect fines pursuant to this Act. 25 (e) To promulgate rules and regulations necessary for 26 the administration of this Act. 27 Section 55. Rules; public hearing. Subject to the 28 requirement for public hearings as provided in this Section, 29 the State Fire Marshal shall promulgate, publish, and adopt, 30 and may, from time to time, amend such rules as may be 31 necessary for the proper enforcement of this Act, to protect -9- LRB9214855ACcd 1 the health and safety of the public. The State Fire Marshal 2 shall hold a public hearing prior to the adoption or 3 amendment of rules required under this Act. The State Fire 4 Marshal may, when necessary, utilize the services of any 5 other State agency to assist in carrying out the purposes of 6 this Act. 7 Section 60. Grounds for disciplinary action. The 8 following constitute grounds for disciplinary action by the 9 State Fire Marshal: 10 (1) Violation of any provision of this Act or of any 11 rule adopted pursuant thereto. 12 (2) Violation of the applicable building codes or laws 13 of this State or any municipality or county thereof. 14 (3) Diversion of funds or property received for 15 prosecution or completion of a specified construction project 16 or operation when, as a result of the diversion, the 17 contractor is, or will be, unable to fulfill the terms of her 18 or his obligation or contract. 19 (4) Disciplinary action by any municipality or county, 20 which action shall be reviewed by the State Fire Marshal 21 before taking any disciplinary action. 22 (5) Failure to supervise the installation of the fire 23 protection system covered by the installation permit signed 24 by the contractor. 25 (6) Rendering a fire protection system, standpipe 26 system, or underground water supply main connecting to the 27 system inoperative except when the fire protection system, 28 standpipe system, or underground water supply main is being 29 inspected, serviced, tested, or repaired or pursuant to court 30 order. 31 (7) Improperly servicing, repairing, testing, or 32 inspecting a fire protection system, standpipe system, or 33 underground water supply main connecting to the system. -10- LRB9214855ACcd 1 (8) Failing to provide proof of insurance to the State 2 Fire Marshal or failing to maintain in force the insurance 3 coverage required by this Act. 4 (9) Failing to obtain, retain, or maintain one or more 5 of the qualifications for a designated certified person as 6 specified in this Act. 7 (10) Making a material misstatement or misrepresentation 8 or committing a fraud in obtaining or attempting to obtain a 9 license. 10 (11) Failing to notify the State Fire Marshal, in 11 writing, within 30 days after a change of residence address, 12 principal business address, or name. 13 (12) Failure to supply within a reasonable time, upon 14 request from the State Fire Marshal or its authorized 15 representative, true information regarding material used, 16 work performed, or other information essential to the 17 administration of this Act. 18 (13) Aiding or abetting a person to violate a provision 19 of this Act, conspiring with any person to violate a 20 provision of this Act, or allowing a license to be used by 21 another person. 22 Section 65. Notice; suspension, revocation, or refusal 23 to renew a license. 24 (a) Whenever the State Fire Marshal determines that 25 there are reasonable grounds to believe that a licensee has 26 violated a provision of this Act or the rules adopted under 27 this Act, the State Fire Marshal shall give notice of the 28 alleged violation to the person whom the license was issued. 29 The notice shall (i) be in writing; (ii) include a 30 statement of the alleged violation which necessitates 31 issuance of the notice; (iii) contain an outline of remedial 32 action that, if taken, will effect compliance with the 33 provisions of this Act and the rules adopted under this Act; -11- LRB9214855ACcd 1 (iv) prescribe a reasonable time, as determined by the State 2 Fire Marshal, for the performance of any action required by 3 the notice; and (iv) be served upon the licensee. The 4 notice shall be deemed to have been properly served upon the 5 person when a copy of the notice has been sent by registered 6 or certified mail to his or her last known address as 7 furnished to the State Fire Marshal or when he or she has 8 been served the notice by any other method authorized by law. 9 (b) If the person to whom the notice is served does not 10 comply with the terms of the notice within the time 11 limitations specified in the notice, the State Fire Marshal 12 may proceed with action to suspend, revoke, or refuse to 13 issue a license as provided in this Section. 14 (c) Other requirements of this Act notwithstanding, when 15 the State Fire Marshal determines that reasonable grounds 16 exist to indicate that a violation of this Act has been 17 committed and the violation is the third separate violation 18 by that person in an 18-month period, the notice requirement 19 of subsection (a) of this Section is waived and the State 20 Fire Marshal may proceed immediately with action to suspend, 21 revoke, or refuse to issue a license. 22 (d) In any proceeding to suspend, revoke, or refuse to 23 issue a license, the State Fire Marshal shall first serve or 24 cause to be served upon the licensee a written notice of the 25 State Fire Marshal's intent to take action. The notice shall 26 specify the way in which the person has failed to comply with 27 this Act or any other rules or standards of the State Fire 28 Marshal. 29 (e) In the case of revocation or suspension, the notice 30 shall require the person to remove or abate the violation or 31 objectionable condition specified in the notice within 5 32 days. The State Fire Marshal may specify a longer period of 33 time as it deems necessary. If the person fails to comply 34 with the terms and conditions of the revocation or suspension -12- LRB9214855ACcd 1 notice within the time specified by the State Fire Marshal, 2 the State Fire Marshal may revoke or suspend the license. 3 (f) In the case of refusal to issue a license, if the 4 person fails to comply with the Act or rules or standards 5 promulgated under the Act, the State Fire Marshal may refuse 6 to issue a license. 7 Section 70. Administrative hearing. The State Fire 8 Marshal shall give written notice by certified or registered 9 mail to an applicant or licensee of the State Fire Marshal's 10 intent to suspend, revoke, or refuse to issue a license or to 11 assess a fine. Such person has a right to a hearing before 12 the State Fire Marshal. A written notice of a request for a 13 hearing shall be served on the State Fire Marshal within 10 14 days of notice of the refusal, suspension, or revocation of a 15 license or imposition of a fine. The hearing shall be 16 conducted by the State Fire Marshal or a hearing officer 17 designated in writing by the State Fire Marshal. A 18 stenographic record shall be made of the hearing and the cost 19 of the hearing shall be borne by the State Fire Marshal. A 20 transcript of the hearing shall be made only upon request of 21 the applicant or licensee and shall be transcribed at the 22 cost of that person. 23 Section 75. Subpoena powers; administration of oath. The 24 State Fire Marshal or hearing officer may compel by subpoena 25 or subpoena duces tecum the attendance and testimony of 26 witnesses and the production of books and papers. All 27 subpoenas issued by the State Fire Marshal or hearing officer 28 may be served as provided for in a civil action. The fees of 29 witnesses for attendance and travel shall be the same as the 30 fees for witnesses before the circuit court and shall be paid 31 by the party at whose request the subpoena is issued. If such 32 subpoena is issued at the request of the State Fire Marshal, -13- LRB9214855ACcd 1 the witness fee shall be paid as an administrative expense. 2 In the case of refusal of a witness to attend or testify 3 or to produce books or papers concerning any matter upon 4 which he or she might be lawfully examined, the circuit court 5 of the county where the hearing is held, upon application of 6 any party to the proceeding, may compel obedience by a 7 proceeding for contempt. 8 The State Fire Marshal or hearing officer has the 9 authority to administer oaths to witnesses. 10 Section 80. Deposition of witnesses; testimony at hearing 11 recorded. In the event of the inability of any party or the 12 State Fire Marshal to procure the attendance of witnesses to 13 give testimony or produce books and papers, the party or the 14 State Fire Marshal may take the deposition of witnesses in 15 accordance with the laws of this State. All testimony taken 16 at a hearing shall be reduced to writing and all such 17 testimony and other evidence introduced at the hearing shall 18 be a part of the record of the hearing. 19 Section 85. Certification of record. The State Fire 20 Marshal is not required to certify any record or file any 21 answer or otherwise appear in any proceeding for judicial 22 review unless the party filing the complaint deposits with 23 the clerk of the court the sum of one dollar per page 24 representing the costs of the certification. Failure on the 25 part of the plaintiff to make the deposit shall be grounds 26 for dismissal of the action. 27 Section 90. Injunction. Faulty fire sprinkler 28 installation and repair is declared a violation of this Act 29 and inimical to the public health, welfare, and safety and a 30 deceptive business practice. The State Fire Marshal, in the 31 name of the people of the State, through the Attorney General -14- LRB9214855ACcd 1 or the State's Attorney of the county in which the violation 2 occurs may, in addition to other remedies herein provided, 3 bring an action for an injunction to restrain such violation 4 or enjoin the future performance of the person who committed 5 the violation until compliance with the provisions of this 6 Act has been obtained. 7 Section 95. Penalty. Any person who violates this Act or 8 any rule adopted by the State Fire Marshal, or who violates 9 any determination or order of the State Fire Marshal under 10 this Act shall be guilty of a Class A misdemeanor and shall 11 be fined a sum not less than $100. 12 Each day's violation constitutes a separate offense. The 13 State's Attorney of the county in which the violation 14 occurred or the Attorney General shall bring such actions in 15 the name of the people of the State of Illinois. 16 Section 100. Administrative civil fines. The State Fire 17 Marshal is empowered to assess administrative civil fines 18 against a licensee for violations of this Act or its rules. 19 These fines shall not be greater than $1,000 for each 20 offense. These fines shall be in addition to, or in lieu of, 21 license suspensions and revocations. Rules to implement this 22 Section shall be adopted by the State Fire Marshal within 6 23 months after the effective date of this Act. 24 The hearing officer shall, upon determination that a 25 violation of the Act or rules has occurred, determine the 26 amount of these fines. Any fine assessed and not paid within 27 60 days after receiving notice of the fine from the State 28 Fire Marshal may be submitted to the Attorney General's 29 office for collection. Failure to pay a fine shall also be 30 grounds for immediate suspension or revocation of a license 31 issued under this Act. -15- LRB9214855ACcd 1 Section 105. Judicial review of final administrative 2 decision. The Administrative Review Law and the rules adopted 3 under the Administrative Review Law apply to and govern all 4 proceedings for judicial review of final administrative 5 decisions of the State Fire Marshal under this Act. Such 6 judicial review shall be had in the circuit court of the 7 county in which the cause of the action arose. The term 8 "administrative decision" is defined in Section 3-101 of the 9 Code of Civil Procedure. 10 Section 110. Illinois Administrative Procedure Act. The 11 provisions of the Illinois Administrative Procedure Act are 12 hereby expressly adopted and shall apply to all 13 administrative rules and procedures of the State Fire Marshal 14 under this Act, except that, in the case of conflict between 15 the Illinois Administrative Procedure Act and this Act, the 16 provisions of this Act shall control, and except that Section 17 5-35 of the Illinois Administrative Procedure Act relating to 18 procedures for rule-making does not apply to the adoption of 19 any rule required by federal law in connection with which the 20 State Fire Marshal is precluded by law from exercising any 21 discretion. 22 Section 115. Severability clause. If any part of this 23 Act is adjudged invalid, such adjudication shall not affect 24 the validity of the Act as a whole or of any other part. 25 Section 120. Grandfather clause. Any person or business 26 that, as of the effective date of this Act, is installing or 27 repairing fire sprinkler systems in the State of Illinois and 28 has a minimum of 3 years of experience in installing or 29 repairing fire sprinkler systems is exempt from having a 30 designated certified person as required in Section 20. -16- LRB9214855ACcd 1 Section 999. Effective date. This Act takes effect upon 2 becoming law.
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