Full Text of SB2452 102nd General Assembly
SB2452 102ND GENERAL ASSEMBLY |
| | 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 | |
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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.
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| | A BILL FOR |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Fire Sprinkler Contractor Licensing Act is | 5 | | amended by changing Sections 30, 35, and 50 as follows:
| 6 | | (225 ILCS 317/30)
| 7 | | Sec. 30. Requirements for the installation, repair, | 8 | | inspection, and testing of fire protection
systems. | 9 | | (a) Equipment shall be listed by a nationally recognized | 10 | | testing laboratory,
such as
Underwriters Laboratories, Inc. or | 11 | | Factory Mutual Laboratories, Inc., or shall
comply with | 12 | | nationally
accepted standards. The State Fire Marshal shall | 13 | | adopt by rule procedures for
determining
whether a laboratory | 14 | | is
nationally recognized, taking into account the laboratory's | 15 | | facilities,
procedures, use of nationally
recognized | 16 | | standards, and any other criteria reasonably calculated to | 17 | | reach an
informed
determination.
| 18 | | (b) Equipment shall be installed in accordance with the | 19 | | applicable standards
of the National
Fire Protection | 20 | | Association and the manufacturer's specifications.
| 21 | | (c) The contractor shall furnish the user with operating | 22 | | instructions for
all equipment
installed, together with a | 23 | | diagram of the final installation.
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| 1 | | (d) All fire sprinkler systems shall have a backflow | 2 | | prevention device or,
in a municipality with a population over | 3 | | 500,000, a double detector check
assembly installed by a | 4 | | licensed plumber before the fire sprinkler system
connection | 5 | | to the water service. Connection to the backflow prevention | 6 | | device
or, in a municipality with a population over 500,000, a | 7 | | double detector
assembly shall be done in a manner consistent | 8 | | with the Department of Public
Health's Plumbing Code.
| 9 | | (e) This licensing Act is not intended to require any | 10 | | additional fire
inspections at State level.
| 11 | | (f) Before January 1, 2022, inspection and testing of | 12 | | existing fire sprinkler systems and control equipment must be | 13 | | performed by a licensee or an individual employed or | 14 | | contracted by a licensee. Any individual who performs | 15 | | inspection and testing duties under this subsection (f) must | 16 | | possess proof of (i) certification by a nationally recognized | 17 | | certification organization at an appropriate level, such as | 18 | | NICET Level II in Inspection and Testing of Water Based | 19 | | Systems or the equivalent, (ii) a valid ASSE 15010 | 20 | | certification in "inspection, testing and maintenance for | 21 | | water-based fire protection systems", or (iii) satisfactory | 22 | | completion of a certified sprinkler fitter apprenticeship | 23 | | program approved by the U.S. Department of Labor. State | 24 | | employees who perform inspections and testing on behalf of | 25 | | State institutions and who meet all other requirements of this | 26 | | subsection (f) need not be licensed under this Act or employed |
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| 1 | | by a licensee under this Act in order to perform inspection and | 2 | | testing duties under this subsection (f). The requirements of | 3 | | this subsection (f) do not apply to individuals performing | 4 | | inspections or testing of fire sprinkler systems on behalf of | 5 | | a municipality, a county, a fire protection district, or the | 6 | | Office of the State Fire Marshal. This subsection (f) does not | 7 | | apply to a stationary engineer, operating engineer, or other | 8 | | individual employed on a full-time basis by the facility owner | 9 | | or owner's representative performing
weekly and monthly | 10 | | inspections and tests in
accordance with applicable National | 11 | | Fire Protection Association standards.
| 12 | | Before January 1, 2022, a copy of the inspection report | 13 | | for an inspection performed pursuant to this subsection (f) | 14 | | must be forwarded by the entity performing the inspection to | 15 | | the local fire department or fire protection district in which | 16 | | the sprinkler system is located. The inspection report must | 17 | | include the NICET Level II Inspection and Testing of Water | 18 | | Based Systems certification number, ASSE 15010 certification | 19 | | number for "inspection, testing and maintenance for | 20 | | water-based fire protection systems", or journeymen number of | 21 | | the person performing the inspection. | 22 | | After December 31, 2021, inspection and testing of | 23 | | existing fire sprinkler systems and control equipment must be | 24 | | performed by a licensee or an individual employed or | 25 | | contracted by a licensee. Any individual who performs | 26 | | inspection and testing duties under this subsection (f) must |
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| 1 | | possess, on his or her person, a photo identification card | 2 | | issued by the State Fire Marshal as proof that the individual | 3 | | is in compliance with this Act and must possess proof of (i) | 4 | | certification by a nationally recognized certification | 5 | | organization at an appropriate level, such as NICET Level III | 6 | | in Inspection and Testing of Water Based Systems or the | 7 | | equivalent, (ii) a valid ASSE 15010 certification in | 8 | | "inspection, testing and maintenance for water-based fire | 9 | | protection systems", or (iii) satisfactory completion of a | 10 | | certified sprinkler fitter apprenticeship program approved by | 11 | | the United States Department of Labor. The photo | 12 | | identification card shall be issued by the State Fire Marshal | 13 | | annually at a fee determined by the State Fire Marshal by rule. | 14 | | State employees who perform inspections and testing on behalf | 15 | | of State institutions and who meet all other requirements of | 16 | | this subsection (f) need not be licensed under this Act or | 17 | | employed by a licensee under this Act in order to perform | 18 | | inspection and testing duties under this subsection (f). The | 19 | | requirements of this subsection (f) do not apply to | 20 | | individuals performing inspections or testing of fire | 21 | | sprinkler systems on behalf of a municipality, a county, a | 22 | | fire protection district, or the Office of the State Fire | 23 | | Marshal. This subsection (f) does not apply to a stationary | 24 | | engineer, operating engineer, or other individual employed on | 25 | | a full-time basis by the facility owner or owner's | 26 | | representative performing
weekly and monthly inspections and |
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| 1 | | tests in
accordance with applicable National Fire Protection | 2 | | Association standards. | 3 | | All inspections and testing of fire sprinkler systems and | 4 | | control equipment must be recorded on an inspection report or | 5 | | testing form that shall include information as recommended by | 6 | | the National Fire Protection Association's NFPA 25. The | 7 | | contents of the inspection report shall be established by the | 8 | | State Fire Marshal by rule and shall include the license | 9 | | number of the licensee performing the inspection and the ASSE | 10 | | 15010 certification number for "inspection, testing and | 11 | | maintenance for water-based fire protection systems" or the | 12 | | NICET Level III "inspection and testing of water based | 13 | | systems" certification number or journeymen number of the | 14 | | person performing the inspection. | 15 | | All fire sprinkler systems, upon completion of inspection | 16 | | and testing, must be affixed with a preprinted label bearing | 17 | | the name of the person performing the inspection and the | 18 | | license number of the licensee performing the inspection. The | 19 | | label required under this Section shall include information | 20 | | established by the Office of the State Fire Marshal. | 21 | | After December 31, 2021, a copy of the inspection report | 22 | | for an inspection performed pursuant to this subsection (f) | 23 | | must be forwarded by the entity performing the inspection to | 24 | | (i) the local fire department or fire protection district in | 25 | | which the sprinkler system is located and (ii) the Office of | 26 | | the State Fire Marshal . The inspection report must include the |
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| 1 | | NICET Level III Inspection and Testing of Water Based Systems | 2 | | certification number, ASSE 15010 certification number for | 3 | | "inspection, testing and maintenance for water-based fire | 4 | | protection systems", or journeymen number of the person | 5 | | performing 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 | 9 | | required insurance.
| 10 | | (a) The fees for an original license , inspection form, | 11 | | photo identification card, and each renewal and for duplicate
| 12 | | copies of licenses
shall be determined by the State Fire | 13 | | Marshal by rule.
| 14 | | (b) Each license must be renewed every 2 years. Each | 15 | | licensee must complete 16 hours of continuing education in the | 16 | | 2-year period following his or her renewal or initial | 17 | | licensure after the effective date of this amendatory Act of | 18 | | the 97th General Assembly. Current licensure as a professional | 19 | | engineer or proof of current NICET certification in Level III | 20 | | or IV shall satisfy this requirement for designated certified | 21 | | persons. Continuing education offered through nationally | 22 | | recognized building and fire code organizations and their | 23 | | affiliates; nationally recognized fire sprinkler organizations | 24 | | and their affiliates; institutions of higher education; | 25 | | educational bodies specializing in automatic fire suppression |
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| 1 | | system technology; as well as other entities approved by the | 2 | | State Fire Marshal shall be also acceptable. All continuing | 3 | | education entities seeking to be approved providers of | 4 | | continuing education shall make application to the State Fire | 5 | | Marshal 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 | 14 | | the date of
expiration of a license
shall be assessed a late | 15 | | filing charge, which shall be determined by the State
Fire | 16 | | Marshal by rule.
| 17 | | (d) All fees shall be paid by check or money order. Any fee | 18 | | required by this
Act is not
refundable in the event that the | 19 | | original application or application for
renewal is denied.
| 20 | | (e) Every application for an original license shall be | 21 | | accompanied by a
certificate of
insurance issued by an | 22 | | insurance company authorized to do business in the State
of | 23 | | Illinois or by a
risk retention or purchasing group formed | 24 | | pursuant to the federal Liability
Risk Retention Act of
1986, | 25 | | which provides primary, first dollar public liability coverage | 26 | | of the
applicant or licensee for
personal injuries for not |
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| 1 | | less than $500,000 per person or $1,000,000 per
occurrence, | 2 | | and, in
addition, for not less than $1,000,000 per occurrence | 3 | | for property damage. The
insurance policy shall
be in effect | 4 | | at all times during the license year and a new certificate of | 5 | | insurance shall be filed
with the State Fire Marshal within 30 | 6 | | days 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 | 10 | | State Fire
Marshal has all of the
following powers and duties:
| 11 | | (a) To prescribe and furnish application forms, licenses, | 12 | | and any other
forms necessary under
this Act.
| 13 | | (b) To suspend, revoke, or refuse to issue or renew | 14 | | licenses for cause.
| 15 | | (c) To conduct hearings concerning the suspension, | 16 | | revocation, 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 | 19 | | administration of
this Act.
| 20 | | (f) To establish a database of all fire sprinkler systems, | 21 | | inspection records, and persons involved in the inspection or | 22 | | testing of existing fire sprinkler systems or control | 23 | | equipment. | 24 | | (Source: P.A. 92-871, eff. 1-3-03.)
| 25 | | Section 99. Effective date. This Act takes effect January |
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| 1 | | 1, 2022.
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