TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 109
FIRE SPRINKLER CONTRACTOR AND INSPECTOR LICENSING RULES
SECTION 109.10 PURPOSE
Section 109.10 Purpose
The purpose of this Part is to regulate persons engaged in
the business of servicing fire sprinkler
systems, in the interest of safeguarding lives and property.
(Source: Amended at 47 Ill.
Reg. 19159, effective December 6, 2023)
 | TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 109
FIRE SPRINKLER CONTRACTOR AND INSPECTOR LICENSING RULES
SECTION 109.20 APPLICABILITY OF RULES
Section 109.20 Applicability of Rules
This Part shall apply to all persons and businesses who
desire to engage in fire sprinkler contracting in this State, except as
otherwise exempted in subsection (c) of Section
15 of the Act.
(Source: Amended at 47 Ill.
Reg. 19159, effective December 6, 2023)
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 109
FIRE SPRINKLER CONTRACTOR AND INSPECTOR LICENSING RULES
SECTION 109.30 DEFINITIONS
Section 109.30 Definitions
The following definitions shall apply to this Part:
"Act" means the Fire
Sprinkler Contractor Licensing Act [225 ILCS 317].
"Applicant" means an
entity that either applies for a fire sprinkler contractor license directly or
applies on behalf of a candidate for a fire sprinkler inspector license; for
the purpose of a fire sprinkler inspector license, the applicant shall be the
fire sprinkler contractor that intends to employ the fire sprinkler inspector.
"Authority
having jurisdiction" or "AHJ" means the Office and governmental
authorities.
"ASSE" means the
American Society of Sanitary Engineering.
"Business" means any
person engaged in the business of servicing
fire sprinkler systems in the State of Illinois.
"Candidate" means a
certified or otherwise qualified individual for whom a fire sprinkler
contractor has applied to license as a fire sprinkler inspector.
"Designated certified
person" means an individual who has met the qualifications set forth in
Section 20 of the Act and who is
designated by the fire sprinkler contractor on a full time basis to provide
supervision and to assure that each fire sprinkler system is serviced in accordance with this Part.
"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
the Act. [225 ILCS 317/10]
"Fire sprinkler
contractor" means a person or business that holds itself out to be in the business of providing service for a fire sprinkler system or
contracts with a person or business to provide
service for a fire sprinkler system. [225 ILCS 317/10]
"Fire sprinkler inspector"
means an individual who is qualified to perform routine inspection or testing
of fire sprinkler systems pursuant to Section 17 of the Act and who is
employed or contracted by a fire sprinkler contractor. [225 ILCS 317/10]
"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 (77 Ill.
Adm. Code 890)) and ending at the most remote fire sprinkler. "Fire
sprinkler system" includes but is not limited to a fire sprinkler system
in 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. [225 ILCS 317/10]
"Install" or "installation"
means the initial placement of the fire sprinkler system or its extension or
alteration after initial placement.
"License" means a
biennial license issued by the Office pursuant to the Act and this Part.
"Licensee" means a
person or business organization licensed in accordance with the Act. [225 ILCS 317/10]
"NFPA" means the
National Fire Protection Association.
"NICET" means the
National Institute for Certification in Engineering Technologies. [225 ILCS
317/10]
"Office" means the
Office of the State Fire Marshal.
"Officer" means an
individual within a business who, if the business is a:
sole proprietorship, the owner of
the business or any individual exercising
managerial control;
partnership, any partner who has
at least 10% ownership interest or any partner who exercises managerial
control; or
corporation, any corporate officer
or director of the corporation or any individual
who has at least 10% ownership interest in such corporation or who exercises
managerial control.
"Person" means an
individual, group of individuals, association, trust, partnership, corporation,
limited liability company, firm, business, person
doing business under an assumed name, the State of Illinois, or a department
thereof, any other State-owned and operated institution, or any other entity.
[225 ILCS 317/10]
"Repair" means any work
after the initial installation to correct and maintain the fire sprinkler
system to provide performance as originally planned.
"Responsible
managing employee" means the individual designated on a full
time basis, by the fire sprinkler contractor that
is not required to have a designated certified person under Section 120
of the Act, to provide supervision and to assure that each fire sprinkler
system is serviced in accordance with this
Part. [225 ILCS 317/10]
"Routine inspection or
testing" means inspection or testing to verify the condition of an
existing fire sprinkler system at predetermined intervals in accordance with
the standards of the National Fire Protection Association. [225 ILCS
317/10]
"Service"
means work on a fire sprinkler system, including, but not limited to,
installation, repair, inspection, testing, and maintenance. [225 ILCS
317/10]
"State Fire Marshal"
means the Executive Director of the Office of the State Fire Marshal of the
State of Illinois.
"Supervision" means
the direction and management by a designated certified person or by the
responsible managing employee, as
applicable, of the activities of certified
or non-certified personnel of
the fire sprinkler contractor in the service
of fire sprinkler systems. [225 ILCS 317/10]
(Source: Amended at 47 Ill.
Reg. 19159, effective December 6, 2023)
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 109
FIRE SPRINKLER CONTRACTOR AND INSPECTOR LICENSING RULES
SECTION 109.40 APPLICATION FOR FIRE SPRINKLER CONTRACTOR LICENSE
Section 109.40 Application for Fire
Sprinkler Contractor License
a) No
person or business shall act as a fire sprinkler contractor licensed
under the Act, or advertise or assume to act as such, or use any title
that suggests the person is engaged in such practice or occupation, unless
licensed by the Office. [225 ILCS 317/12]
b) Any
person or business that services any fire sprinkler system must be licensed as
a fire sprinkler contractor. If performing routine inspection or testing, then
a fire sprinkler inspector license under Section 109.45 is also required,
except as provided in subsection (c) of Section 15 of the Act.
c) License
Relationship:
1) A
fire sprinkler contractor that performs routine inspection or testing of a fire
sprinkler system shall employ at least one licensed fire sprinkler inspector at
the time of the routine inspection or testing. A fire sprinkler contractor may
hold dual licenses as a fire sprinkler contractor and a fire sprinkler
inspector if the individual meets the qualifications for each license
separately as set forth in this Part. An individual who:
A) holds
both a fire sprinkler contractor license and a fire sprinkler inspector license;
and
B) performs
the routine inspection or testing, meets the requirement to employ at least one
licensed fire sprinkler inspector at the time of the routine inspection or
testing.
2) A
fire sprinkler contractor shall follow the process set forth in Section 109.60
regarding notice to the Office of the termination of a fire sprinkler
inspector's employment.
d) Application for
Licensure as a Fire Sprinkler Contractor
1) An
applicant for a fire sprinkler contractor license shall submit to the Office:
A) A
completed application form provided by the Office.
i) The application
shall include the name and address of the business, along with an email
address. The address shall be an actual street address and shall include the
city, state and zip code. A post office box number is not acceptable as an
address.
ii) The
names and personal addresses of all officers of the business applying.
iii) If
an assumed name is to be used, a copy of the assumed name certificate for the
business.
iv) The
name and personal address of the designated certified person or the responsible
managing employee, as applicable.
B) Proof
of credentials for a designated certified person or responsible managing
employee.
i) For
a designated certified person the applicant shall provide:
· a copy of the
individual's current Illinois Professional Engineers License or current NICET
Level III or higher certification in water-based fire protection systems layout
[225 ILCS 317/20]; and
· an affirmative
statement signed by the individual acknowledging his or her role as the
designated certified person for the fire sprinkler contractor. [225 ILCS
317/20(g)].
ii) For
a responsible managing employee, the applicant shall provide:
· the responsible
managing employee's qualifications and last three years of work experience;
· the name, address and
telephone number for each person who can verify those qualifications and work
experience; and
· an affirmative
statement signed by the individual acknowledging the individual's role as the
responsible managing employee for the fire sprinkler contractor.
C) A
Certificate of Insurance for personal injuries of not less than
$500,000 per person or $1,000,000 per occurrence, and, in addition, not less
than $1,000,000 per occurrence for property damage. [225 ILCS 317/35] A new
certificate of insurance shall be provided to the Office prior to the
expiration date of any certificate of insurance in effect during the license
period. The certificate of insurance shall provide for the Office to receive
written notice of cancellation no less than 30 days in advance of termination
of the certificate.
D) Provide
evidence of compliance with the Illinois Workers' Compensation Act [820 ILCS
305].
E) An
organizational chart for each business location showing the supervisory duties
of the designated certified person or responsible managing employee.
F) A
list of each license issued to the applicant by any state, local or federal
governmental entity in the previous 3 years to engage in fire sprinkler
contracting.
G) Provide
a statement of whether the applicant is currently subject to disciplinary
action or has been adjudicated to have violated conditions of a license in any
jurisdiction.
H) Additional business
documents, as applicable:
i) A
corporation, including limited liability corporations, shall provide evidence
of current registration in good standing with the Illinois Secretary of State
as an Illinois corporation or evidence of compliance with the Assumed Business
Name Act [805 ILCS 405]. A foreign corporation must submit a copy of the
Certificate of Authority to transact business in this State.
ii) Partnerships
shall submit an affidavit stating that the partnership has been legally formed.
iii) Limited
partnerships shall submit a letter of authority from the Secretary of State's
Limited Partnership Department.
2) Continuing
Education for Renewal
A) For
renewal applications, the designated certified person or responsible managing
employee must provide proof that the individual has completed at least 16
hours of continuing education since the issuance of the current license,
with at least 8 hours of continuing education completed during each year of
the current license.
B) A
designated certified person or responsible managing employee who holds a
current license as a professional engineer or has a current NICET Level
III or IV certification in water-based fire protection systems layout shall
be deemed to have met the continuing education requirement. [225 ILCS
317/35(b)]
3) Upon submission
of the completed application, including all requisite information and
documentation, the Office shall review the application for licensure. The
Office shall verify that the applicant is in good standing with the Illinois
Department of Revenue.
A) During
review of the application for licensure, the Office shall consider past history
of the applicant. Past history of the applicant includes, but is not limited
to, any citations or other discipline imposed by any jurisdiction or any
occurrences of unlicensed work by the applicant or any person known by the
Office to be associated with the applicant, such as a previous or predecessor
company.
B) In
addition to any other reason for refusal, the Office may refuse to issue a fire
sprinkler contractor license on the basis of the past history of the applicant.
4) Failure
to submit a completed application within 30 calendar days of initial receipt of
an application by the Office shall cause the application to expire and a new,
completed application must be submitted for review.
5) After
reviewing the applicant's completed application, the Office shall invoice the
applicant who meets all conditions for licensure for the fee amount in
accordance with Section 109.150. No license shall be issued until the
applicable fees have been paid.
6) Upon
receipt of the requisite fee amount, the applicant shall be assigned a fire
sprinkler contractor license number and issued a certificate of licensure. The
certificate shall be prominently displayed in the business location of the fire
sprinkler contractor, or in a location where the Office or AHJ may readily
verify the fire sprinkler contractor is licensed. The certificate shall bear
the following information:
A) Name and street address
of the fire sprinkler contractor;
B) The fire sprinkler
contractor license number; and
C) The date of issuance and
date of expiration.
7) If
the business has more than one business location from which it will service
fire sprinkler systems, then each location that a business contracts business
out of shall require:
A) a
separate designated certified person or responsible managing employee; and
B) a
separate license.
e) Maintaining Conditions
of Licensure
1) A
fire sprinkler contractor is required to maintain in effect the conditions
under which the fire sprinkler contractor was licensed, or the license shall be
suspended.
2) A
fire sprinkler contractor that has required documentation or certifications
under subsection (d) that expire or lose effect prior to the date of the
license's expiration shall submit proof of replacement to the Office prior to
the date on which the documentation or certificates expire.
3) A
person working as a fire sprinkler contractor on a suspended license shall be
subject to discipline and penalties under Section 109.120 or the Act.
(Source: Amended at 47 Ill.
Reg. 19159, effective December 6, 2023)
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 109
FIRE SPRINKLER CONTRACTOR AND INSPECTOR LICENSING RULES
SECTION 109.45 APPLICATION FOR FIRE SPRINKLER INSPECTOR LICENSE
Section 109.45
Application for Fire Sprinkler Inspector License
a) No person shall act
as a fire sprinkler inspector licensed under the Act, or advertise or
assume to act as such, or use any title that suggests the person is
engaged in such practice or occupation, unless licensed by the Office.
[225 ILCS 317/12]
b) Beginning January 1,
2024, any individual that performs routine inspection or testing of fire
sprinklers, whether part-time or full-time, must be licensed as a fire
sprinkler inspector. An individual exempt from licensing as a fire sprinkler
inspector under subsection (c) of Section 17 of the Act shall still perform
routine inspection or testing in accordance with compliance standards [225 ILCS
317/17(c)].
c) No individual who is
less than 21 years of age may be licensed as a fire sprinkler inspector.
d) License Relationship
1) Any individual who
performs routine inspection or testing of any fire sprinkler system under the
Act shall be employed by a licensed fire sprinkler contractor. [225 ILCS
317/17(a)]
2) A fire sprinkler
inspector shall follow the process in Section 109.60 regarding notice to the
Office of the termination of a fire sprinkler inspector's employment.
e) Application
for Licensure as a Fire Sprinkler Inspector
1) The application for a
fire sprinkler inspector license shall be submitted to the Office by the fire
sprinkler contractor that is responsible for the employment of the candidate
for fire sprinkler inspector license.
2) An applicant on behalf
of a candidate for fire sprinkler inspector license shall:
A) Submit a
completed application form provided by the Office, that includes the name and
address of the candidate. The address shall be an actual street address and
shall include the city, state, and zip code.
B) Submit a copy of the
candidate's valid driver's license, valid state identification, or valid
passport.
C) Submit a
digital color photograph of the candidate;
i) The photograph must
show the candidate from a front view with the candidate's full-face and head
and shoulders visible. The Office shall reject photographs showing the candidate
wearing sunglasses, hats, scarves, or any object that obscures the candidate's
identity. Photographs must show the candidate wearing plain or company shirts,
on a white background. Photographs shall be of sufficient quality to clearly
identify the candidate.
ii) A candidate seeking
a religious exemption to this photo requirement shall submit a set of the candidate's
fingerprints through a Fingerprint Vendor licensed by the Illinois
Department of Financial and Professional Regulation with the application
in lieu of a photograph. [225 ILCS 317/22]
iii) A candidate who is
21 years of age or older seeking a religious exemption to the photograph
requirement shall submit with his or her application an approved copy of
United States Department of the Treasury Internal Revenue Service Form 4029.
[225 ILCS 317/22]
D) Provide proof of the candidate's
current certification or other qualifications under this Section, which shall
include one of the following:
i) A current
certification related to inspection and testing of fire sprinkler systems
offered by a nationally recognized certification organization that is at an
appropriate level. Examples of acceptable certifications include, but are
not limited to: NICET certification in Inspection and Testing of Water Based
Systems (Level III) and NFPA certification in Water-Based Inspection, Testing,
and Maintenance. A copy of the certificate must be submitted to the Office;
ii) A current ASSE 15010
certification in inspection, testing, and maintenance for water-based fire
protection systems by the American Society of Sanitary Engineering. [225
ILCS 317/17]. A copy of the certificate must be submitted to the Office; or
iii) Completion of a
certified sprinkler fitter apprenticeship program approved by the U.S.
Department of Labor [225 ILCS 317/17]. Proof of completion must be
submitted to the Office.
E) A list of each license
issued to the candidate by any state, local or federal governmental entity in
the previous 3 years to engage in fire sprinkler inspecting or testing.
F) Provide a statement of
whether the individual is currently subject to disciplinary action or has been
adjudicated to have violated conditions of a license in any jurisdiction.
G) Continuing Education for Renewal
i) For renewal
applications, the fire sprinkler inspector shall also provide proof that the
individual has completed at least 16 hours of continuing education since
the issuance of the current license, with at least 8 hours of continuing
education completed during each year of the current license. [225 ILCS
317/35]
ii) A fire sprinkler
inspector who holds a current certification under subsection (e)(2)(D)(i) or
(ii) shall be deemed to have met the continuing education requirement.
3) Upon submission of the
completed application, including all requisite information and documentation,
the Office shall review the application for licensure. During review of the
application for licensure, the Office shall consider past history of the candidate.
Past history of the candidate includes, but is not limited to, any citations or
other discipline imposed by any jurisdiction or any occurrences of unlicensed
work. In addition to any other reason for refusal, the Office may refuse to
issue a fire sprinkler inspector license on the basis of the past history of
the candidate.
4) Failure to submit a
completed application within 30 calendar days of initial receipt of an
application by the Office shall cause the application to expire and a new,
completed application must be submitted for review.
5) After
reviewing the completed application, the Office shall invoice the applicant for
a candidate who meets all conditions for licensure for the fee amount in
accordance with Section 109.150. No license shall be issued until the
applicable fees have been paid.
6) Upon receipt of the
requisite fee amount, the candidate shall be assigned a fire sprinkler
inspector license number and issued an identification card. This identification
card shall be carried at all times the licensee is engaged in a licensed
activity and shall be available to Office personnel or AHJ upon request. The
identification card will bear the following information:
A) Name of the fire sprinkler inspector;
B) Fire sprinkler inspector license number; and
C) Date of Issue and Date of Expiration.
f) Maintaining
Conditions of Licensure
1) A fire sprinkler
inspector is required to maintain in effect the conditions under which the fire
sprinkler inspector was licensed, or the license shall be suspended.
2) A fire sprinkler
inspector whose required documentation or certification under subsection (d)
expires or loses effect prior to the date of license expiration shall submit
proof of replacement to the Office prior to the date on which the documentation
or certification expire or lose effect.
3) An individual working on
a suspended license shall be subject to the discipline and penalties under
Section 109.120 or the Act.
(Source: Added at
47 Ill. Reg. 19159, effective December 6, 2023)
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 109
FIRE SPRINKLER CONTRACTOR LICENSING RULES
SECTION 109.50 COMMUNICATIONS BY BUSINESS
Section 109.50 Communications by Business
A fire sprinkler contractor shall use the business name
exactly as it appears on the license and the license number issued by the
Office on all written communications. The license number shall appear on all
advertisements after January 1, 2005.
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 109
FIRE SPRINKLER CONTRACTOR AND INSPECTOR LICENSING RULES
SECTION 109.60 REQUIRED NOTIFICATIONS TO THE OFFICE
Section 109.60 Required Notifications to the Office
a) The fire sprinkler contractor must notify the Office in
writing by mail within 30 calendar days after
any of the following events:
1) If there is a change of officers, then the notification
shall include the names and personal addresses of all new and current officers;
2) If there is a change in address of an existing business location that occurs other than at the time
of renewal, then the licensee shall submit notification to the Office of the
change of address and pay the fee for a corrected license in response to an invoice;
3) Whenever
there is an addition, departure, or change in the designated certified person
or responsible managing employee at a licensees' business location, then the notification shall include all the information
and documentation required under Section 109.40(d)(1)(A)(iv);
4) If
the fire sprinkler contractor ceases to
operate; or
5) If the fire sprinkler contractor changes its name or
business structure, then a new fire sprinkler contractor license application
shall be filed with the Office in accordance with Section 109.40.
b) Termination of Fire
Sprinkler Inspector Employment
1) Upon
termination of employment of a fire sprinkler inspector, the fire sprinkler
contractor and individual whose employment was terminated shall take steps to
provide notice to the Office and return the fire sprinkler inspector
identification card.
A) Within
5 business days after the termination of employment, the fire sprinkler
contractor shall notify the Office, in writing, of the termination of
employment, including the date of termination. The terminated individual may
also notify the Office, but that does not relieve the fire sprinkler contractor
of the responsibility to notify the Office.
B) The
individual whose employment was terminated shall return to the fire sprinkler
contractor, within 10 business days after termination of employment, their fire
sprinkler inspector identification card issued by the Office to the fire
sprinkler contractor.
C) Within
30 calendar days after the termination of employment, the fire sprinkler
contractor shall destroy the fire sprinkler inspector identification card and
provide notice to the Office of the destruction of the fire sprinkler inspector
identification card.
2) The
fire sprinkler inspector license is inactive on the day of termination of
employment.
c) Notice
required by this Section shall be provided to:
Office of the
State Fire Marshal
Division of Fire
Prevention
1035 Stevenson
Drive
Springfield,
Illinois 62703-4259
(Source: Amended at 47 Ill. Reg. 19159,
effective December 6, 2023)
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 109
FIRE SPRINKLER CONTRACTOR AND INSPECTOR LICENSING RULES
SECTION 109.70 TERMINATION OF LICENSE
Section 109.70 Termination of License
a) A fire
sprinkler contractor license shall terminate if:
1) The fire sprinkler contractor ceases operation, including ceasing operations under corporate filing;
2) The fire sprinkler contractor ceases to operate under
the name on the license;
3) The
Certificate of Insurance is non-renewed or cancelled;
4) The
license is revoked;
5) The fire sprinkler contractor fails to fill the vacant
position of its designated certified person or responsible managing employee
within 180 calendar days after the position becoming vacant; or
6) The fire sprinkler contractor's business
structure is changed. Examples of a change of business structure include
change from a sole proprietorship to a limited liability company, or from a
partnership to a corporation.
b) If any fire sprinkler inspector is employed by a
fire sprinkler contractor, and the fire sprinkler contractor's license is
expired, revoked, or suspended, then any fire sprinkler inspector license
associated with the fire sprinkler contractor license is subsequently expired,
revoked, or suspended as well.
(Source: Amended at 47 Ill. Reg. 19159, effective December
6, 2023)
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 109
FIRE SPRINKLER CONTRACTOR AND INSPECTOR LICENSING RULES
SECTION 109.80 DISPLAY OF LICENSE AND RETENTION OF SPRINKLER SYSTEM PLANS
Section 109.80 Display of License and Retention of
Sprinkler System Plans
a) The
current fire sprinkler contractor license
shall be prominently displayed at the business
location. The fire sprinkler inspector
license shall be carried at all times when the fire sprinkler inspector is
engaged in routine inspection or testing and shall be made available for
verification by Office personnel and the AHJ upon request.
b) A set
of as-built plans and hydraulic calculations, showing details of system piping,
calculations, and alarm configurations, must be provided to the building owner
or the building owner's representative by the fire sprinkler contractor when installation
is complete.
c) The fire sprinkler contractor must maintain a set of
as-built plans for the life of the sprinkler system.
d) Subsequent
alterations or additions must be legibly noted on updated plans and provided to
the building owner or the building owner's
representative by the fire sprinkler contractor, except that, when an alteration
involves 20 or fewer sprinklers and all floor areas were protected prior to the
alteration, updated plans are not required. Updated plans are required for all
alterations involving more than 20 sprinklers and additions to systems
protecting previously unprotected areas. Updated plans must be maintained by
the fire sprinkler contractor for the life of
the fire sprinkler system.
e) In
addition to the requirements in Section 109.110(c), all plans must bear the
date of installation, alteration, or addition; the license number of the fire sprinkler contractor; and the name and
signature of the designated certified person or
responsible managing employee, as applicable, responsible for
supervision of the installation, alteration, or
addition.
(Source:
Amended at 47 Ill. Reg. 19159, effective December 6, 2023)
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 109
FIRE SPRINKLER CONTRACTOR LICENSING RULES
SECTION 109.90 AVAILABILITY OF BOOKS, RECORDS, FORMS AND STATIONERY
Section 109.90 Availability of Books, Records, Forms and
Stationery
All books, records, forms and stationery associated with
fire sprinkler contracting shall be made available to agents of the Office upon
request. Failure or refusal to make these records available shall be grounds
for disciplinary action.
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 109
FIRE SPRINKLER CONTRACTOR AND INSPECTOR LICENSING RULES
SECTION 109.100 RENEWAL OF LICENSE
Section 109.100 Renewal of License
a) The
two-year licensing period for each license issued under this Part shall begin on the date of original issue or renewal
and end on the expiration date. The Office shall
notify the fire sprinkler contractor, by issuance of a notice, 90 calendar
days prior to the expiration of a license.
b) Failure
of a licensee to receive the notice is not a valid
reason for operating without a current license. Failure to receive a
renewal notice from the Office shall not constitute an excuse for failure to
pay the renewal fee or to renew a license.
c) An applicant or candidate for license renewal
shall complete an application form provided by the Office in accordance with
the licensing provisions set forth in either Section 109.40 or Section 109.45,
as applicable.
d) In
addition to the renewal fee, a reinstatement fee shall be assessed for each license renewal application filed after the expiration date of the license. The Office may
waive the renewal fee and any reinstatement fee for a
fire sprinkler contractor license for a sole proprietorship if the owner
was on active duty in the military during the time the renewal was due or for a fire sprinkler inspector license if the
individual was on active duty in the military during the time the renewal was
due.
e) Any
person working on an expired fire sprinkler contractor license shall be subject
to discipline and penalties under Section 109.120 or the Act for such
operation. If any individual is employed by a fire sprinkler contractor and
holds a fire sprinkler inspector license, and the fire sprinkler contractor's
license is expired, revoked, or suspended, then any
fire sprinkler inspector license associated with the fire sprinkler contractor
license is subsequently expired, revoked, or suspended. Any individual working on an expired fire sprinkler
inspector license shall be subject to the discipline and penalties. A fire
sprinkler contractor that permits an individual (employed by the fire sprinkler
contractor) to perform routine inspection or testing without a current license
shall also be subject to discipline and penalties under Section 109.120
or the Act.
f) Failure to renew an expired license within one year after
the expiration date of the license shall terminate the license. A terminated
license may not be renewed; however, a person or business whose previous fire
sprinkler contractor license has been terminated may apply for a new license. A
fire sprinkler contractor may apply for a new license for an individual whose
previous fire sprinkler inspector license has terminated.
(Source: Amended at 47 Ill.
Reg. 19159, effective December 6, 2023)
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 109
FIRE SPRINKLER CONTRACTOR AND INSPECTOR LICENSING RULES
SECTION 109.110 COMPLIANCE STANDARDS
Section 109.110 Compliance Standards
a) The
fire sprinkler system shall be serviced (including
installed, repaired, inspected, tested, and
maintained) in accordance with the edition of the following copyrighted
standards and recommended practices in effect at the time of service. These
standards are available from the National Fire Protection Association, 1
Batterymarch Park, Quincy MA 02269-7471.
NFPA 11 – Standard for Low-, Medium-, and High-Expansion
Foam
NFPA 13 −
Standard for the Installation of Sprinkler Systems
NFPA 13D − Standard for the
Installation of Sprinkler Systems in One-and Two-Family Dwellings and Manufactured
Homes
NFPA 13R − Standard for the
Installation of Sprinkler Systems in Low-Rise Residential Occupancies
NFPA 14
− Standard for the Installation of Standpipe and Hose Systems
NFPA 15
− Standard for Water Spray Fixed Systems for Fire Protection
NFPA 16 − Standard for the
Installation of Foam-Water Sprinkler and Foam-Water Spray Systems
NFPA 20 − Standard for the
Installation of Stationary Pumps of Fire Protection
NFPA 22 −
Standard for Water Tanks for Private Fire Protection;
NFPA 24 − Standard for the
Installation of Private Fire Service Mains and Their Appurtenances
NFPA 25 − Standard for the
Inspection, Testing and Maintenance of Water-Based Fire Protection Systems
b) All
equipment used in the service of a fire
sprinkler system shall be tested and approved by either the Underwriters
Laboratories, Inc. or Factory Mutual Laboratories, Inc.
c) Fire
sprinkler system layout documents of fire sprinkler
systems shall be prepared by:
1) a
professional engineer who is licensed under the Professional Engineering Practice
Act of 1989 [225 ILCS 312];
2) an
architect who is licensed under the Illinois Architecture Practice Act of 1989 [225
ILCS 305]; or
3) a
holder of a valid NICET Level III or IV
certification in water-based fire protection systems layout who is either licensed under the
Act or employed by an organization licensed under the Act. [225 ILCS
317/14] All design drawings of engineered fire sprinkler systems shall be
stamped by an Illinois licensed professional engineer or architect prior to
submittal to the authority having jurisdiction.
(Source: Amended at 47 Ill.
Reg. 19159, effective December 6, 2023)
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 109
FIRE SPRINKLER CONTRACTOR LICENSING RULES
SECTION 109.120 ADMINISTRATIVE ACTIONS
Section 109.120 Administrative Actions
The failure to comply with the Act and this Part by any
licensee may subject the licensee to administrative action, including, but not
limited to, suspension, revocation or refusal to issue or renew a license and
the assessment of fines.
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 109
FIRE SPRINKLER CONTRACTOR AND INSPECTOR LICENSING RULES
SECTION 109.123 COMPLAINTS
Section 109.123
Complaints
All complaints
concerning violations regarding licensees or unlicensed activity shall be
submitted to the Office, Division of Fire Prevention, in writing.
(Source: Added at
47 Ill. Reg. 19159, effective December 6, 2023)
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 109
FIRE SPRINKLER CONTRACTOR AND INSPECTOR LICENSING RULES
SECTION 109.130 ADMINISTRATIVE CIVIL FINES
Section 109.130 Administrative Civil
Fines
a) The Office may assess an administrative civil fine against any licensee
who violates the Act or this Part.
b) Issuance of
Administrative Civil Fine
1) The Office may issue an administrative civil fine and serve the administrative civil fine on the licensee. The
administrative civil fine shall be deemed to have been properly served upon
the licensee when a copy of the administrative civil fine has been sent by registered
or certified mail to the licensee's last known address as furnished to the
Office or by any other method authorized by law. [225 ILCS 317/65(a)]
Each administrative civil fine shall be in
writing and shall specifically describe the nature of the violation and its
location and shall include a reference to the particular provision of the law, rule or standard alleged to
have been violated. The notice of violation shall also state the amount of the
administrative civil fine and the process for appeal.
2) Administrative
civil fines issued under this Section shall
not limit the authority of the Office under
other sections of law to issue orders, revoke licenses,
stop work on service of fire sprinkler systems, or take any other appropriate
enforcement action.
c) In
assessing the administrative civil fine, the Office shall consider the seriousness of the
violation, whether the violation was corrected after notification to the fire sprinkler contractor
or fire sprinkler inspector, and whether the licensee
has been fined for the same or similar violations in the past. The administrative civil fines levied under this
Section shall not exceed $1,000 per violation.
(Source:
Amended at 47 Ill. Reg. 19159, effective December 6, 2023)
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 109
FIRE SPRINKLER CONTRACTOR AND INSPECTOR LICENSING RULES
SECTION 109.140 APPEAL OF AN ADMINISTRATIVE ACTION
Section 109.140 Appeal of an Administrative Action
a) Any
person aggrieved by a decision, order or ruling of the Office may, as a matter
of right, appeal such action.
b) All appeal requests
shall:
1) Be in writing;
2) Contain
an address, telephone number, and email address
where the appellant may be notified of the time and place of the hearing; and
3) Set
forth the reasons why the action of the Office
should be reversed or modified.
c) Appeals
from a decision, order or ruling of the Office
shall be instituted by filing a written request for a hearing no later than 10 calendar
days following receipt of the notice of the action. Requests will be deemed to
be timely if they are postmarked no later than the time period allowed.
d)
The appeal request shall be mailed to:
Office of the
State Fire Marshal
Attn: Legal
Division
1035 Stevenson
Drive
Springfield,
Illinois 62703-4259
e) In
the event of a timely written appeal, the Office shall conduct an
administrative hearing governed by this Section. Notice of the time and place
for any hearing shall be given to any party concerned at least 30 calendar days
prior to the hearing date. If an attorney, through written communication, is
known to represent any party to a hearing, then notice is to be given to that
attorney. A corporation, limited liability company, professional limited
liability company, or partnership must appear by legal counsel, licensed to
practice in the State of Illinois or appearing pro hac vice, who must file an
appearance with the Office. Notice sent to the last known address by U.S. mail,
registered or certified, addressed to all parties or their agents appointed to
receive service of process, or their attorneys when applicable, is sufficient.
1) The notice of hearing
shall include the following:
A) The date, time, place,
and nature of the hearing.
B) A
statement of the legal authority and jurisdiction under which the hearing is to
be held.
C) A
reference to the particular section or sections of the substantive and
procedural statutes and rules involved.
D) A
short and plain statement of the matters asserted, the consequences of a
failure to respond, and the case number or file number.
E) To the
extent such information is available, the names, phone numbers, email
addresses, and mailing addresses of the parties and designated agency contact,
and if known, of any assigned hearing officer.
2) Document
Exchange. At any pre-hearing conference, or if none, at least 7 days prior to
the start of the hearing, the parties shall exchange a list of those witnesses
who may testify at hearing and any exhibits or documents that may be identified
at hearing.
3) Continuances.
A hearing officer may, for good cause, grant a continuance at the request of a
party or a continuance on the hearing officer's own motion.
4) Default.
Failure of a party to appear on the date set for hearing or failure to proceed
as ordered by the Office shall constitute a default and the civil fine appealed
from shall become final. Appeals, petitions, motions or other requests for
relief that are not prosecuted diligently may be dismissed for want of
prosecution.
5) At
the close of the evidence, or upon receiving the recommended decision of the
hearing officer with findings of fact and conclusions of law, the Office shall
enter an order to sustain, modify, or revoke the administrative action. Any
appeal by the petitioner from such Office final order shall be subject to
judicial review under the provisions of the Administrative Review Law [735
ILCS 5/Art. III] and this Part. Proceedings for judicial review shall
be commenced in the circuit court of the county in which the party applying for
review resides or, if the party applying for review is not a resident of
Illinois, shall be commenced in the circuit court in Sangamon County. [225
ILCS 217/100]
f) Nothing
in this Section shall prohibit the informal disposition of an administrative
action by stipulation, agreed settlement, or consent order. Informal
disposition may proceed with clear and simple documentation without complete
adherence to this Section.
(Source: Amended at 47 Ill. Reg. 19159,
effective December 6, 2023)
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 109
FIRE SPRINKLER CONTRACTOR AND INSPECTOR LICENSING RULES
SECTION 109.150 FEES
Section 109.150
Fees
a) License
fees shall be as follows:
1) Fire Sprinkler
Contractor License Fees
A) Initial License: $3,000
B) Renewal of License (before or on expiration
date): $3,000
C) License Reinstatement (Late filing fee): $500
D) Renewal of License (after expiration date): $3,500
E) Duplicate or corrected license: $50
2) Fire Sprinkler Inspector
License Fees
A) Initial License: $500
B) Renewal of License (before or on expiration
date): $500
C) License Reinstatement (Late filing fee): $100
D) Renewal of License (after expiration date): $600
E) Duplicate or corrected license: $50
b) All fees are
non-refundable except that Office shall refund accidental overpayment of fees.
(Source: Added at
47 Ill. Reg. 19159, effective December 6, 2023)
AUTHORITY: Implementing and authorized by Section 50 of the Fire Sprinkler Contractor Licensing Act [225 ILCS 317].
SOURCE: Adopted at 28 Ill. Reg. 9239, effective June 28, 2004; amended at 30 Ill. Reg. 16994, effective October 11, 2006; amended at 38 Ill. Reg. 7938, effective April 15, 2014; amended at 47 Ill. Reg. 19159, effective December 6, 2023.
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