103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1250

 

Introduced 2/3/2023, by Sen. Doris Turner

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2905/5 new

    Amends the State Fire Marshal Act. Defines "fire-resistant material" and "fire-resistant material applicator". Provides that it is unlawful for a person to engage in business as a fire-resistant material applicator in this State without being certified by the Office of the State Fire Marshal. Establishes a civil penalty of up to $250 for each violation of this prohibition. Requires the Office to regulate fire-resistant material applicators by developing and implementing a certification and certification renewal process, developing training requirements, and adopting necessary rules. Allows the Office to charge a certification fee and a certification renewal fee. Provides that registration as a fire-resistant material applicator must be renewed annually. Requires the Office to develop a list of grounds for revoking certification as a fire-resistant material applicator. Permits the Office to investigate allegations of actions that constitute grounds for revocation and may revoke certification if, in the Office's determination, a violation has occurred. Effective immediately.


LRB103 29821 CPF 56229 b

 

 

A BILL FOR

 

SB1250LRB103 29821 CPF 56229 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Fire Marshal Act is amended by adding
5Section 5 as follows:
 
6    (20 ILCS 2905/5 new)
7    Sec. 5. Fire-resistant material applicator certification.
8    (a) In this Section:
9    "Fire-resistant material" means a cementitious or fibrous
10material that is applied onto a substance to provide
11fire-resistant protection to the substance.
12    "Fire-resistant material applicator" means an individual
13in the business of applying fire-resistant material.
14    (b) It is unlawful for a person to engage in business as a
15fire-resistant material applicator in this State without being
16certified by the Office as provided in this Section and
17without being otherwise in compliance with this Act. A person
18who violates this Section shall be assessed a civil penalty by
19the Office of up to $250 for each violation. Each day's
20violation constitutes a separate offense. The Attorney General
21or the State's Attorney of the county in which the violation
22occurs may bring an action in the name of the People of the
23State of Illinois or may, in addition to other remedies

 

 

SB1250- 2 -LRB103 29821 CPF 56229 b

1provided in this Act, bring an action for an injunction to
2restrain a violation of this subsection.
3    (c) The Office:
4        (1) shall develop and implement a certification and
5    certification renewal process for fire-resistant material
6    applicators and a registry of persons certified as
7    fire-resistant material applicators under this Section;
8        (2) shall develop requirements for training to apply
9    fire-resistant material according to fire-resistant
10    material manufacturer specifications for persons seeking
11    certification as a fire-resistant material applicator;
12        (3) may charge a certification fee and a certification
13    renewal fee for persons seeking certification under this
14    Section; and
15        (4) shall adopt rules necessary to implement and
16    administer this Section.
17    (d) A person seeking certification as a fire-resistant
18material applicator shall, in the judgment of the Office,
19successfully complete the training requirements to apply
20fire-resistant material developed under paragraph (2) of
21subsection (c).
22    If a person satisfactorily completes the training, the
23Office shall issue the person a certificate indicating that he
24or she is certified to apply fire-resistant material.
25    (e) Registration as a fire-resistant material applicator
26must be renewed annually.

 

 

SB1250- 3 -LRB103 29821 CPF 56229 b

1    (f) The Office shall develop a list of grounds for
2revoking certification as a fire-resistant material
3applicator. The Office may investigate allegations of actions
4that constitute grounds for revocation and may revoke
5certification if, in the Office's determination, a violation
6has occurred.
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.