SB2596 100TH GENERAL ASSEMBLY

LRB100 16689 XWW 31827 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB2596

Introduced 2/7/2018, by Sen. Martin A. Sandoval

SYNOPSIS AS INTRODUCED:

225 ILCS 317/5
225 ILCS 317/10
225 ILCS 317/12
225 ILCS 317/15
225 ILCS 317/20
225 ILCS 317/30
225 ILCS 317/35
225 ILCS 317/120

Amends the Fire Sprinkler Contractor Licensing Act. Provides licensure requirements and licensure scope for fire pump testing contractors. Provides that certificates for factory certified pump testing personnel shall be kept on file by all fire pump testing licensees. Provides requirements for a designated certified person. Provides requirements for inspecting and testing fire sprinkler systems or fire pumps. Provides that an inspection report for fire pump testing must include a NICET Level III (rather than Level II) Inspection and Testing of Water Based Systems certification number, a journeymen number of the person performing the inspection, or the name of the person who has received factory certified training for fire pump and jockey pump equipment. Provides renewal and continuing education requirements for fire pump testing contractor licenses. Provides that a person or business that currently has a responsible managing employee is exempt from having a designated certified person for a period not to exceed 5 years from the most recent license renewal. Makes other changes.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Fire Sprinkler Contractor Licensing Act is amended by changing Sections 5, 10, 12, 15, 20, 30, 35, and 120 as follows:

(225 ILCS 317/5)

Sec. 5. Legislative intent. It is declared that within the State of Illinois there are, and may continue to be, locations where the improper installation or repair of fire sprinkler systems creates conditions that may adversely affect the public health and general welfare. Therefore, the purpose of this Act is to protect, promote, and preserve the public health and general welfare by providing for the establishment of minimum standards for licensure of fire sprinkler installation contractors and fire pump testing contractors.

(Source: P.A. 92-871, eff. 1-3-03.)

(225 ILCS 317/10)

Sec. 10. Definitions. As used in this Act, unless the context otherwise requires:

"Designated certified person" means an individual who has met the qualifications set forth under Section 20 of this Act.

"Fire protection system layout documents" means layout drawings, catalog information on standard products, and other construction data that provide detail on the location of risers, cross mains, branch lines, sprinklers, piping per applicable standard, and hanger locations. "Fire protection system layout documents" serve as a guide for fabrication and installation of a fire sprinkler system and shall be based upon applicable standards pursuant to Section 30 of this Act.

"Fire pump testing contractor" means a person who holds himself or herself out to be in the business of testing, repair, or service of fire pumps, jockey pumps, and their associated specialty equipment unique to the fire pump and jockey pump assembly, drivers, and their controllers only.

"Fire sprinkler contractor" means a person who holds himself or herself out to be in the business of or contracts with a person to inspect, test, maintain, evaluate, install, or repair all aspects of all a fire sprinkler systems, including fire pumps system.

"Fire sprinkler system" means any water-based automatic fire extinguishing system employing fire sprinklers, including accessory fire pumps and associated piping, fire standpipes, or underground fire main systems starting at the connection to the water service after the approved backflow device is installed under the requirements of the Illinois Plumbing Code and ending at the most remote fire sprinkler. "Fire sprinkler system" includes but is not limited to a fire sprinkler system in a residential, commercial, institutional, educational, public, or private occupancy. "Fire sprinkler system" does not include single sprinkler heads that are in a loop of the potable water system, as referenced in 77 Ill. Adm. Code 890.1130 and 890.1200.

"Licensee" means a person or business organization licensed in accordance with this Act.

"NICET" means the National Institute for Certification in Engineering Technologies.

"Person" means an individual, group of individuals, association, trust, partnership, corporation, person doing business under an assumed name, the State of Illinois, or department thereof, any other state-owned and operated institution, or any other entity.

"Supervision" means the direction and management by a designated certified person of the activities of non-certified personnel in the preparation of fire protection system layout documents and sizing of piping per applicable standards installation or repair of fire sprinkler systems.

"Factory certified" means trained and certified by a fire pump, controller, or specialty component manufacturer.

(Source: P.A. 94-367, eff. 1-1-06.)

(225 ILCS 317/12)

Sec. 12. License; enforcement; failure to pay tax. No person shall act as a fire sprinkler contractor or fire pump testing contractor, or advertise or assume to act as such, or use any title implying that such person is engaged in such practice or occupation unless licensed by the State Fire Marshal.

No firm, association, or corporation shall act as an agency licensed under this Act, or advertise or assume to act as such, or use any title implying that the firm, association, or corporation is engaged in such practice, unless licensed by the State Fire Marshal.

The State Fire Marshal, in the name of the People and through the Attorney General, the State's Attorney of any county, any resident of the State, or any legal entity within the State may apply for injunctive relief in any court to enjoin any person who has not been issued a license or whose license has been suspended, revoked, or not renewed from practicing a licensed activity, and upon the filing of a verified petition, the court, if satisfied by affidavit or otherwise, that such person is or has been practicing in violation of this Act may enter a temporary restraining order or preliminary injunction, without bond, enjoining the defendant from such further activity. A copy of the verified complaint shall be served upon the defendant and the proceedings shall thereafter be conducted as in other civil cases. If it is established that the defendant has been or is practicing in violation of this Act, the court may enter a judgment perpetually enjoining the defendant from such further activity. In case of violation of any injunctive order or judgment entered under the provisions of this Section, the court may summarily try and punish the offender for contempt of court. Such injunctive proceeding shall be in addition to all penalties and other remedies in this Act.

The State Fire Marshal may refuse to issue a license to, or may suspend the license of, any person who fails to file a return, to pay the tax, penalty, or interest shown in a filed return, or to pay any final assessment of tax, penalty, or interest, as required by any tax Act administered by the Illinois Department of Revenue, until such time as the requirements of any such tax Act are satisfied.

(Source: P.A. 92-871, eff. 1-3-03.)

(225 ILCS 317/15)

Sec. 15. Licensing requirements.

(a) It shall be unlawful for any person or business to engage in, advertise, or hold itself out to be in the business of installing, or repairing fire sprinkler systems, or testing fire pumps in this State upon after 6 months after the effective date of this Act, unless such person or business is licensed by the State Fire Marshal.

(b) In order to obtain a license, a person or business must submit an application to the State Fire Marshal, on a form provided by the State Fire Marshal containing the information prescribed, along with the application fee.

(c) A business applying for a license must have a designated certified person employed at the business location and the designated certified person shall be identified on the license application.

(d) A person or business applying for a license must show proof of having liability and property damage insurance in such amounts and under such circumstances as may be determined by the State Fire Marshal. The amount of liability and property damage insurance, however, shall not be less than the amount specified in Section 35 of this Act.

(e) A person or business applying for a license must show proof of having workers' compensation insurance covering its employees or be approved as a self-insurer of workers' compensation in accordance with the laws of this State.

(f) A person or business so licensed shall have a separate license for each business location within the State or outside the State when the business location is responsible for any installation or repair of fire sprinkler systems or fire pump testing performed within the State.

(g) When an individual proposes to do business in her or his own name, a license, when granted, shall be issued only to that individual.

(h) If the applicant requesting licensure to engage in contracting is a business organization, such as a partnership, corporation, business trust, or other legal entity, the application shall state the name of the partnership and its partners, the name of the corporation and its officers and directors, the name of the business trust and its trustees, or the name of such other legal entity and its members and shall furnish evidence of statutory compliance if a fictitious name is used. Such application shall also show that the business entity employs a designated certified person as required under Section 20. The license, when issued upon application of a business organization, shall be in the name of the business organization and the name of the qualifying designated certified person shall be noted thereon.

(i) The fire pump testing contractor license is strictly limited to the repair or service of fire pumps, jockey pumps, and the associated specialty equipment unique to the fire pump and jockey pump assemblies, both electric and mechanical, but limited to the fire pump, jockey pump, its driver, and its controller. The repair, replacement, or service of other components that are routinely employed in the construction of sprinkler systems, but may also be present in the fire pump and jockey pump assemblies or the room in which the fire pump and jockey pump assemblies are located, are not covered by the pump testing license. No license is required for a person or business that is engaged in the installation of fire sprinkler systems only in single family or multiple family residential dwellings up to and including 8 family units that do not exceed 2 1/2 stories in height from the lowest grade level.

(j) Certificates for factory certified pump testing personnel shall be kept on file by all fire pump testing contractor licensees.

(k) (j) All fire protection system layout documents of fire sprinkler systems, as defined in Section 10 of this Act, shall be prepared by (i) a professional engineer who is licensed under the Professional Engineering Practice Act of 1989, (ii) an architect who is licensed under the Illinois Architecture Practice Act of 1989, or (iii) a holder of a valid NICET Level III or IV level 3 or 4 certification in fire protection technology automatic sprinkler system layout who is either licensed under this Act or exclusively employed by an organization licensed under this Act.

(Source: P.A. 97-112, eff. 7-14-11.)

(225 ILCS 317/20)

Sec. 20. Designated certified person requirements.

(a) A designated certified person must either be a current Illinois licensed professional engineer or hold a valid NICET Level III level 3 or higher certification in "fire protection technology, automatic sprinkler system layout".

(b) At least one member of every firm, association, or partnership and at least one corporate officer of every corporation engaged in the installation and repair of fire sprinkler systems must be a designated certified person.

(c) A designated certified person must be exclusively employed by the licensee at a business location with a valid license.

(d) A designated certified person must perform his or her normal duties at a business location with a valid license.

(e) A designated certified person may only be the designated certified person for one business location and one business entity.

(f) A designated certified person must be directly involved in the supervision and preparation of all fire protection system layout documents and sizing of piping per applicable standards. The designated certified person does not, however, have to be at the site of the installation or repair of the fire sprinkler system at all times.

(g) A designated certified person can only be the designated certified person for one fire sprinkler contractor.

(h) Fire pump testing contractors shall not be required to have a designated certified person.

(Source: P.A. 92-871, eff. 1-3-03.)

(225 ILCS 317/30)

Sec. 30. Requirements for the installation, repair, inspection, fire pump testing, and testing of fire protection systems.

(a) Equipment shall be listed by a nationally recognized testing laboratory, such as Underwriters Laboratories, Inc. or Factory Mutual Laboratories, Inc., or shall comply with nationally accepted standards. The State Fire Marshal shall adopt by rule procedures for determining whether a laboratory is nationally recognized, taking into account the laboratory's facilities, procedures, use of nationally recognized standards, and any other criteria reasonably calculated to reach an informed determination.

(b) Equipment shall be installed in accordance with the applicable standards of the National Fire Protection Association and the manufacturer's specifications.

(c) The contractor shall furnish the user with operating instructions for all equipment installed, together with a diagram of the final installation.

(d) All fire sprinkler systems shall have a backflow prevention device or, in a municipality with a population over 500,000, a double detector check assembly installed by a licensed plumber before the fire sprinkler system connection to the water service. Connection to the backflow prevention device or, in a municipality with a population over 500,000, a double detector assembly shall be done in a manner consistent with the Department of Public Health's Plumbing Code.

(e) This licensing Act is not intended to require any additional fire inspections at State level.

(f) Inspections and testing of existing fire sprinkler systems and control equipment must be performed by a licensee or an individual exclusively employed or contracted by a licensee. Any individual who performs inspection and testing duties under this subsection (f) must possess proof of (i) through December 31, 2020, certification by a nationally recognized certification organization at an appropriate level, such as NICET Level II in Inspection and Testing of Water Based Systems or the equivalent and, beginning January 1, 2021, certification by a nationally recognized certification organization at an appropriate level, such as NICET Level III in Inspection and Testing of Water Based Systems or the equivalent; , by January 1, 2009 or (ii) satisfactory completion of a certified sprinkler fitter apprenticeship program approved by the U.S. Department of Labor. State employees who perform inspections and testing on behalf of State institutions and who meet all other requirements of this subsection (f) need not be licensed under this Act or employed by a licensee under this Act in order to perform inspection and testing duties under this subsection (f). The requirements of this subsection (f) do not apply to individuals performing inspections or testing of fire sprinkler systems on behalf of a municipality, a county, a fire protection district, or the Office of the State Fire Marshal. This subsection (f) does not apply to cursory weekly and monthly inspections of gauges and control valves conducted in accordance with the standards of the National Fire Protection Association.

(g) Fire pump testing (acceptance or annual testing), specialty repairs to fire pumps, jockey pumps, drivers, and controllers can be performed by a licensee meeting the requirements of subsection (f) or by a factory certified representative trained in fire pump and jockey pump testing and repair.

A copy of the inspection report for an inspection performed pursuant to this subsection (f) and subsection (g) must be forwarded by the entity performing the inspection to the local fire department or fire protection district in which the sprinkler system is located. The inspection report must include: the (1) NICET Level II Inspection and Testing of Water Based Systems certification number or NICET Level III Inspection and Testing of Water Based Systems certification number, whichever is applicable, or (2) journeymen number of the person performing the inspection. For fire pump testing reports, the inspection report must include the requirements described in items (1) or (2) or the name of the person who has received factory certified training for fire pump and jockey pump equipment.

(Source: P.A. 96-256, eff. 1-1-10; 97-112, eff. 7-14-11.)

(225 ILCS 317/35)

Sec. 35. Fees, renewals, continuing education, and required insurance.

(a) The fees for an original license and each renewal and for duplicate copies of licenses shall be determined by the State Fire Marshal by rule.

(b) A fire sprinkler contractor Each license must be renewed every 2 years. A Each licensee must complete 16 hours of continuing education in the 2-year period following his or her renewal or initial licensure after the effective date of this amendatory Act of the 97th General Assembly. Current licensure as a professional engineer or proof of current NICET certification in Level III or IV shall satisfy this requirement for designated certified persons.

A fire pump testing contractor license must be renewed every 2 years. Each licensee must complete 16 hours of continuing education in the 2-year period following his or her renewal or initial licensure. Certificates of successful manufacturer's equipment training equivalent to 16 hours of continuing education shall satisfy this requirement.

Continuing education offered through nationally recognized building and fire code organizations and their affiliates; nationally recognized fire sprinkler organizations and their affiliates; institutions of higher education; educational bodies specializing in automatic fire suppression system technology; fire pump manufacturers; as well as other entities approved by the State Fire Marshal shall be also acceptable. All continuing education entities seeking to be approved providers of continuing education shall make application to the State Fire Marshal and offer programs that:

(1) contribute to the advancement, extension, or enhancement of the professional skills or technical knowledge of the licensee in the practice of fire sprinkler contracting; and

(2) are developed and presented by persons with education or experience in the subject manner of the program.

(c) Any person who fails to file a renewal application by the date of expiration of a license shall be assessed a late filing charge, which shall be determined by the State Fire Marshal by rule.

(d) All fees shall be paid by check or money order. Any fee required by this Act is not refundable in the event that the original application or application for renewal is denied.

(e) Every application for an original license shall be accompanied by a certificate of insurance issued by an insurance company authorized to do business in the State of Illinois or by a risk retention or purchasing group formed pursuant to the federal Liability Risk Retention Act of 1986, which provides primary, first dollar public liability coverage of the applicant or licensee for personal injuries for not less than $500,000 per person or $1,000,000 per occurrence, and, in addition, for not less than $1,000,000 per occurrence for property damage. The insurance policy shall be in effect at all times during the license year and a new certificate of insurance shall be filed with the State Fire Marshal within 30 days after the renewal of the insurance policy.

(Source: P.A. 97-112, eff. 7-14-11.)

(225 ILCS 317/120)

Sec. 120. Grandfather clause. Any person or business that currently has a responsible managing employee and , as of the effective date of this Act, is installing or repairing fire sprinkler systems in the State of Illinois and has a minimum of 3 years of experience in installing or repairing fire sprinkler systems is exempt from having a designated certified person as required in Section 20 for a period not to exceed 5 years from the most recent license renewal. This exemption is terminated and will not be granted if the business is sold or transferred to another owner or entity or the business is sold or transferred to another owner or entity.

No responsible managing employee license will be issued after the effective date of this amendatory Act of the 100th General Assembly.

(Source: P.A. 92-871, eff. 1-3-03.)