102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2452

 

Introduced 2/26/2021, by Sen. Ram Villivalam

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 317/30
225 ILCS 317/35
225 ILCS 317/50

    Amends the Fire Sprinkler Contractor Licensing Act. Provides that any individual who performs inspection and testing of existing fire sprinkler systems and control equipment must possess a photo identification card issued by the State Fire Marshal as proof that the individual is in compliance with the Act. Provides that all inspections and testing of fire sprinkler systems and control equipment must be recorded on an inspection report or testing form. Provides that all fire sprinkler systems, upon completion of inspection and testing, must be affixed with a preprinted label bearing the name of the person performing the inspection and the license number of the licensee performing the inspection. Provides that a copy of the inspection report must be forwarded by the entity performing the inspection to the Office of the State Fire Marshal. Provides that the fees for an inspection form and photo identification card shall be determined by the State Fire Marshal by rule. Provides that the State Fire Marshal has the power and duty to establish a database of all fire sprinkler systems, inspection records, and persons involved in the inspection or testing of existing fire sprinkler systems or control equipment. Effective January 1, 2022.


LRB102 10955 SPS 16287 b

 

 

A BILL FOR

 

SB2452LRB102 10955 SPS 16287 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 30, 35, and 50 as follows:
 
6    (225 ILCS 317/30)
7    Sec. 30. Requirements for the installation, repair,
8inspection, and testing of fire protection systems.
9    (a) Equipment shall be listed by a nationally recognized
10testing laboratory, such as Underwriters Laboratories, Inc. or
11Factory Mutual Laboratories, Inc., or shall comply with
12nationally accepted standards. The State Fire Marshal shall
13adopt by rule procedures for determining whether a laboratory
14is nationally recognized, taking into account the laboratory's
15facilities, procedures, use of nationally recognized
16standards, and any other criteria reasonably calculated to
17reach an informed determination.
18    (b) Equipment shall be installed in accordance with the
19applicable standards of the National Fire Protection
20Association and the manufacturer's specifications.
21    (c) The contractor shall furnish the user with operating
22instructions for all equipment installed, together with a
23diagram of the final installation.

 

 

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1    (d) All fire sprinkler systems shall have a backflow
2prevention device or, in a municipality with a population over
3500,000, a double detector check assembly installed by a
4licensed plumber before the fire sprinkler system connection
5to the water service. Connection to the backflow prevention
6device or, in a municipality with a population over 500,000, a
7double detector assembly shall be done in a manner consistent
8with the Department of Public Health's Plumbing Code.
9    (e) This licensing Act is not intended to require any
10additional fire inspections at State level.
11    (f) Before January 1, 2022, inspection and testing of
12existing fire sprinkler systems and control equipment must be
13performed by a licensee or an individual employed or
14contracted by a licensee. Any individual who performs
15inspection and testing duties under this subsection (f) must
16possess proof of (i) certification by a nationally recognized
17certification organization at an appropriate level, such as
18NICET Level II in Inspection and Testing of Water Based
19Systems or the equivalent, (ii) a valid ASSE 15010
20certification in "inspection, testing and maintenance for
21water-based fire protection systems", or (iii) satisfactory
22completion of a certified sprinkler fitter apprenticeship
23program approved by the U.S. Department of Labor. State
24employees who perform inspections and testing on behalf of
25State institutions and who meet all other requirements of this
26subsection (f) need not be licensed under this Act or employed

 

 

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1by a licensee under this Act in order to perform inspection and
2testing duties under this subsection (f). The requirements of
3this subsection (f) do not apply to individuals performing
4inspections or testing of fire sprinkler systems on behalf of
5a municipality, a county, a fire protection district, or the
6Office of the State Fire Marshal. This subsection (f) does not
7apply to a stationary engineer, operating engineer, or other
8individual employed on a full-time basis by the facility owner
9or owner's representative performing weekly and monthly
10inspections and tests in accordance with applicable National
11Fire Protection Association standards.
12    Before January 1, 2022, a copy of the inspection report
13for an inspection performed pursuant to this subsection (f)
14must be forwarded by the entity performing the inspection to
15the local fire department or fire protection district in which
16the sprinkler system is located. The inspection report must
17include the NICET Level II Inspection and Testing of Water
18Based Systems certification number, ASSE 15010 certification
19number for "inspection, testing and maintenance for
20water-based fire protection systems", or journeymen number of
21the person performing the inspection.
22    After December 31, 2021, inspection and testing of
23existing fire sprinkler systems and control equipment must be
24performed by a licensee or an individual employed or
25contracted by a licensee. Any individual who performs
26inspection and testing duties under this subsection (f) must

 

 

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1possess, on his or her person, a photo identification card
2issued by the State Fire Marshal as proof that the individual
3is in compliance with this Act and must possess proof of (i)
4certification by a nationally recognized certification
5organization at an appropriate level, such as NICET Level III
6in Inspection and Testing of Water Based Systems or the
7equivalent, (ii) a valid ASSE 15010 certification in
8"inspection, testing and maintenance for water-based fire
9protection systems", or (iii) satisfactory completion of a
10certified sprinkler fitter apprenticeship program approved by
11the United States Department of Labor. The photo
12identification card shall be issued by the State Fire Marshal
13annually at a fee determined by the State Fire Marshal by rule.
14State employees who perform inspections and testing on behalf
15of State institutions and who meet all other requirements of
16this subsection (f) need not be licensed under this Act or
17employed by a licensee under this Act in order to perform
18inspection and testing duties under this subsection (f). The
19requirements of this subsection (f) do not apply to
20individuals performing inspections or testing of fire
21sprinkler systems on behalf of a municipality, a county, a
22fire protection district, or the Office of the State Fire
23Marshal. This subsection (f) does not apply to a stationary
24engineer, operating engineer, or other individual employed on
25a full-time basis by the facility owner or owner's
26representative performing weekly and monthly inspections and

 

 

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1tests in accordance with applicable National Fire Protection
2Association standards.
3    All inspections and testing of fire sprinkler systems and
4control equipment must be recorded on an inspection report or
5testing form that shall include information as recommended by
6the National Fire Protection Association's NFPA 25. The
7contents of the inspection report shall be established by the
8State Fire Marshal by rule and shall include the license
9number of the licensee performing the inspection and the ASSE
1015010 certification number for "inspection, testing and
11maintenance for water-based fire protection systems" or the
12NICET Level III "inspection and testing of water based
13systems" certification number or journeymen number of the
14person performing the inspection.
15    All fire sprinkler systems, upon completion of inspection
16and testing, must be affixed with a preprinted label bearing
17the name of the person performing the inspection and the
18license number of the licensee performing the inspection. The
19label required under this Section shall include information
20established by the Office of the State Fire Marshal.
21    After December 31, 2021, a copy of the inspection report
22for an inspection performed pursuant to this subsection (f)
23must be forwarded by the entity performing the inspection to
24(i) the local fire department or fire protection district in
25which the sprinkler system is located and (ii) the Office of
26the State Fire Marshal. The inspection report must include the

 

 

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1NICET Level III Inspection and Testing of Water Based Systems
2certification number, ASSE 15010 certification number for
3"inspection, testing and maintenance for water-based fire
4protection systems", or journeymen number of the person
5performing the inspection.
6(Source: P.A. 101-626, eff. 6-1-20.)
 
7    (225 ILCS 317/35)
8    Sec. 35. Fees, renewals, continuing education, and
9required insurance.
10    (a) The fees for an original license, inspection form,
11photo identification card, and each renewal and for duplicate
12copies of licenses shall be determined by the State Fire
13Marshal by rule.
14    (b) Each license must be renewed every 2 years. Each
15licensee must complete 16 hours of continuing education in the
162-year period following his or her renewal or initial
17licensure after the effective date of this amendatory Act of
18the 97th General Assembly. Current licensure as a professional
19engineer or proof of current NICET certification in Level III
20or IV shall satisfy this requirement for designated certified
21persons. Continuing education offered through nationally
22recognized building and fire code organizations and their
23affiliates; nationally recognized fire sprinkler organizations
24and their affiliates; institutions of higher education;
25educational bodies specializing in automatic fire suppression

 

 

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1system technology; as well as other entities approved by the
2State Fire Marshal shall be also acceptable. All continuing
3education entities seeking to be approved providers of
4continuing education shall make application to the State Fire
5Marshal and offer programs that:
6        (1) contribute to the advancement, extension, or
7    enhancement of the professional skills or technical
8    knowledge of the licensee in the practice of fire
9    sprinkler contracting; and
10        (2) are developed and presented by persons with
11    education or experience in the subject manner of the
12    program.
13    (c) Any person who fails to file a renewal application by
14the date of expiration of a license shall be assessed a late
15filing charge, which shall be determined by the State Fire
16Marshal by rule.
17    (d) All fees shall be paid by check or money order. Any fee
18required by this Act is not refundable in the event that the
19original application or application for renewal is denied.
20    (e) Every application for an original license shall be
21accompanied by a certificate of insurance issued by an
22insurance company authorized to do business in the State of
23Illinois or by a risk retention or purchasing group formed
24pursuant to the federal Liability Risk Retention Act of 1986,
25which provides primary, first dollar public liability coverage
26of the applicant or licensee for personal injuries for not

 

 

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1less than $500,000 per person or $1,000,000 per occurrence,
2and, in addition, for not less than $1,000,000 per occurrence
3for property damage. The insurance policy shall be in effect
4at all times during the license year and a new certificate of
5insurance shall be filed with the State Fire Marshal within 30
6days after the renewal of the insurance policy.
7(Source: P.A. 97-112, eff. 7-14-11.)
 
8    (225 ILCS 317/50)
9    Sec. 50. Powers and duties of the State Fire Marshal. The
10State Fire Marshal has all of the following powers and duties:
11    (a) To prescribe and furnish application forms, licenses,
12and any other forms necessary under this Act.
13    (b) To suspend, revoke, or refuse to issue or renew
14licenses for cause.
15    (c) To conduct hearings concerning the suspension,
16revocation, or refusal to issue or renew licenses.
17    (d) To levy and collect fines pursuant to this Act.
18    (e) To promulgate rules and regulations necessary for the
19administration of this Act.
20    (f) To establish a database of all fire sprinkler systems,
21inspection records, and persons involved in the inspection or
22testing of existing fire sprinkler systems or control
23equipment.
24(Source: P.A. 92-871, eff. 1-3-03.)
 
25    Section 99. Effective date. This Act takes effect January

 

 

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11, 2022.