Full Text of SB1381 99th General Assembly
SB1381sam002 99TH GENERAL ASSEMBLY | Sen. Iris Y. Martinez Filed: 3/27/2015
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| 1 | | AMENDMENT TO SENATE BILL 1381
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1381, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Fire Sprinkler Contractor Licensing Act is | 6 | | amended by changing Sections 15, 20, and 120 as follows:
| 7 | | (225 ILCS 317/15)
| 8 | | Sec. 15. Licensing requirements.
| 9 | | (a) It shall be unlawful for any person or business to | 10 | | engage in, advertise,
or hold
itself out to be
in the business | 11 | | of installing or repairing fire sprinkler systems in this State
| 12 | | after 6 months after
the effective date of this Act, unless | 13 | | such person or business is licensed by
the State
Fire Marshal.
| 14 | | (b) In order to obtain a license, a person or business must | 15 | | submit an
application to the State
Fire Marshal, on a form | 16 | | provided by the State Fire Marshal containing the
information |
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| 1 | | prescribed,
along with the application fee.
| 2 | | (c) A business applying for a license must have a | 3 | | designated certified person employed at the
business location | 4 | | and the designated certified person shall be identified on the | 5 | | license application.
| 6 | | (d) A person or business applying for a license must show | 7 | | proof of having liability and
property damage insurance in such | 8 | | amounts and under such circumstances as may
be determined by | 9 | | the
State Fire Marshal.
The amount of liability and property | 10 | | damage insurance, however, shall not be
less than
the amount | 11 | | specified in Section 35 of this Act.
| 12 | | (e) A person or business applying for a license must show | 13 | | proof of having
workers' compensation
insurance covering its | 14 | | employees or be approved as a self-insurer of workers'
| 15 | | compensation in
accordance with the laws of this State.
| 16 | | (f) A person or business so licensed shall have a separate | 17 | | license for each
business location
within the State or outside | 18 | | the State when the business location is responsible
for any | 19 | | installation
or repair of fire sprinkler systems performed | 20 | | within the State.
| 21 | | (g) When an individual proposes to do business in her or | 22 | | his own name, a
license, when granted,
shall be issued only to | 23 | | that individual.
| 24 | | (h) If the applicant requesting licensure to engage in | 25 | | contracting is a
business organization,
such as a partnership, | 26 | | corporation, business trust, or other legal entity, the
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| 1 | | application shall
state the name of the partnership and its | 2 | | partners, the name of the corporation
and its officers and
| 3 | | directors, the name of the business trust and its trustees, or | 4 | | the name of such
other legal entity
and its members and shall | 5 | | furnish evidence of statutory compliance if a
fictitious name | 6 | | is used. Such
application shall also show that the business | 7 | | entity employs a designated
certified person as
required under | 8 | | Section 20. The license, when issued upon application of a
| 9 | | business organization,
shall be in the name of the business | 10 | | organization and the name of the
qualifying designated | 11 | | certified
person shall be noted thereon.
| 12 | | (i) No license is required for a person or business that is
| 13 | | engaged in the installation of fire sprinkler systems only in
| 14 | | single family or multiple family residential dwellings up to | 15 | | and including 8
family units that do not exceed 2 1/2 stories | 16 | | in height from the lowest grade
level.
| 17 | | (j) All fire protection system layout documents of fire | 18 | | sprinkler systems, as defined in Section 10 of this Act, shall | 19 | | be prepared by (i) a professional engineer who is licensed | 20 | | under the Professional Engineering Practice Act of 1989, (ii) | 21 | | an architect who is licensed under the Illinois Architecture | 22 | | Practice Act of 1989, or (iii) a holder of a valid NICET level | 23 | | 3 or 4 certification in water-based (formerly automatic | 24 | | sprinkler) systems fire protection technology automatic | 25 | | sprinkler system layout who is either licensed under this Act | 26 | | or employed by an organization licensed under this Act.
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| 1 | | (Source: P.A. 97-112, eff. 7-14-11.)
| 2 | | (225 ILCS 317/20)
| 3 | | Sec. 20. Designated certified person requirements.
| 4 | | (a) A designated certified person must either be a current | 5 | | Illinois licensed
professional
engineer or hold a valid NICET | 6 | | level 3 or higher certification in " water-based (formerly | 7 | | automatic sprinkler) systems fire
protection technology,
| 8 | | automatic sprinkler system layout".
| 9 | | (b) At least one member of every firm, association, or | 10 | | partnership and at
least one
corporate officer of every | 11 | | corporation engaged in the installation and repair
of fire
| 12 | | sprinkler systems must be a designated certified person.
| 13 | | (c) A designated certified person must be employed by the | 14 | | licensee at a
business location with
a valid license.
| 15 | | (d) A designated certified person must perform his or her | 16 | | normal duties at a
business location with
a valid license.
| 17 | | (e) A designated certified person may only be the | 18 | | designated certified
person for one business
location and one | 19 | | business entity.
| 20 | | (f) A designated certified person must be directly involved | 21 | | in supervision.
The designated certified person does not, | 22 | | however, have to be at the site of
the
installation or repair | 23 | | of the fire sprinkler system at all times.
| 24 | | (Source: P.A. 92-871, eff. 1-3-03.)
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| 1 | | (225 ILCS 317/120)
| 2 | | Sec. 120. Grandfather clause. Any person or business that, | 3 | | as of the
effective date of this Act, is
installing or
| 4 | | repairing fire sprinkler systems in the State of Illinois and | 5 | | has a minimum of
3 years of experience
in installing or | 6 | | repairing fire sprinkler systems is exempt from having a
| 7 | | designated certified
person as required in
Section 20. After | 8 | | January 1, 2016, no initial licenses shall be issued under this | 9 | | Section.
| 10 | | (Source: P.A. 92-871, eff. 1-3-03.)".
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