97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5230

 

Introduced 2/8/2012, by Rep. Robert Rita

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 317/10
225 ILCS 317/15
225 ILCS 317/30
225 ILCS 317/65

    Amends the Fire Sprinkler Contractor Licensing Act. Defines "fire pump assembly". Provides that a person or business that seeks a license renewal as a fire sprinkler contractor must provide evidence of at least one fire sprinkler permit legally issued to the person or business named on the application for each of the 2 prior calendar years. Provides that the State Fire Marshal may refuse to issue a license after making a determination that the designated party has a history of acting illegally, fraudulently, incompetently, or with gross negligence. Makes other changes. Effective immediately.


LRB097 17453 CEL 62655 b

 

 

A BILL FOR

 

HB5230LRB097 17453 CEL 62655 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Fire Sprinkler Contractor Licensing Act is
5amended by changing Sections 10, 15, 30, and 65 as follows:
 
6    (225 ILCS 317/10)
7    Sec. 10. Definitions. As used in this Act, unless the
8context otherwise requires:
9    "Designated certified person" means an individual who has
10met the qualifications set forth under Section 20 of this Act.
11    "Fire protection system layout documents" means layout
12drawings, catalog information on standard products, and other
13construction data that provide detail on the location of
14risers, cross mains, branch lines, sprinklers, piping per
15applicable standard, and hanger locations. "Fire protection
16system layout documents" serve as a guide for fabrication and
17installation of a fire sprinkler system and shall be based upon
18applicable standards pursuant to Section 30 of this Act.
19    "Fire pump assembly" means the fire pumps, jockey pumps,
20and pump controllers but does not include the interconnected
21pipe, fittings, valves, and other similar parts attached to the
22automatic fire sprinkler system.
23    "Fire sprinkler contractor" means a person who holds

 

 

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1himself or herself out to be in the business of or contracts
2with a person to install or repair a fire sprinkler system.
3    "Fire sprinkler system" means any water-based automatic
4fire extinguishing system employing fire sprinklers, including
5accessory fire pumps and associated piping, fire standpipes, or
6underground fire main systems starting at the connection to the
7water service after the approved backflow device is installed
8under the requirements of the Illinois Plumbing Code and ending
9at the most remote fire sprinkler. "Fire sprinkler system"
10includes but is not limited to a fire sprinkler system in a
11residential, commercial, institutional, educational, public,
12or private occupancy. "Fire sprinkler system" does not include
13single sprinkler heads that are in a loop of the potable water
14system, as referenced in 77 Ill. Adm. Code 890.1130 and
15890.1200.
16    "Licensee" means a person or business organization
17licensed in accordance with this Act.
18    "NICET" means the National Institute for Certification in
19Engineering Technologies.
20    "Person" means an individual, group of individuals,
21association, trust, partnership, corporation, person doing
22business under an assumed name, the State of Illinois, or
23department thereof, any other state-owned and operated
24institution, or any other entity.
25    "Supervision" means the direction and management by a
26designated certified person of the activities of non-certified

 

 

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1personnel in the installation or repair of fire sprinkler
2systems.
3(Source: P.A. 94-367, eff. 1-1-06.)
 
4    (225 ILCS 317/15)
5    Sec. 15. Licensing requirements.
6    (a) It shall be unlawful for any person or business to
7engage in, advertise, or hold itself out to be in the business
8of installing or repairing fire sprinkler systems in this State
9after 6 months after the effective date of this Act, unless
10such person or business is licensed by the State Fire Marshal.
11    (b) In order to obtain a license, a person or business must
12submit an application to the State Fire Marshal, on a form
13provided by the State Fire Marshal containing the information
14prescribed, along with the application fee.
15    (c) A business applying for a license must have a
16designated certified person employed at the business location
17and the designated certified person shall be identified on the
18license application.
19    (d) A person or business applying for a license must show
20proof of having liability and property damage insurance in such
21amounts and under such circumstances as may be determined by
22the State Fire Marshal. The amount of liability and property
23damage insurance, however, shall not be less than the amount
24specified in Section 35 of this Act.
25    (e) A person or business applying for a license must show

 

 

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1proof of having workers' compensation insurance covering its
2employees or be approved as a self-insurer of workers'
3compensation in accordance with the laws of this State.
4    (f) A person or business so licensed shall have a separate
5license for each business location within the State or outside
6the State when the business location is responsible for any
7installation or repair of fire sprinkler systems performed
8within the State.
9    (g) When an individual proposes to do business in her or
10his own name, a license, when granted, shall be issued only to
11that individual.
12    (h) If the applicant requesting licensure to engage in
13contracting is a business organization, such as a partnership,
14corporation, business trust, or other legal entity, the
15application shall state the name of the partnership and its
16partners, the name of the corporation and its officers and
17directors, the name of the business trust and its trustees, or
18the name of such other legal entity and its members and shall
19furnish evidence of statutory compliance if a fictitious name
20is used. Such application shall also show that the business
21entity employs a designated certified person as required under
22Section 20. The license, when issued upon application of a
23business organization, shall be in the name of the business
24organization and the name of the qualifying designated
25certified person shall be noted thereon.
26    (i) No license is required for a person or business that is

 

 

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1engaged in the installation of fire sprinkler systems only in
2single family or multiple family residential dwellings up to
3and including 8 family units that do not exceed 2 1/2 stories
4in height from the lowest grade level.
5    (j) All fire protection system layout documents of fire
6sprinkler systems, as defined in Section 10 of this Act, shall
7be prepared by (i) a professional engineer who is licensed
8under the Professional Engineering Practice Act of 1989, (ii)
9an architect who is licensed under the Illinois Architecture
10Practice Act of 1989, or (iii) a holder of a valid NICET level
113 or 4 certification in fire protection technology automatic
12sprinkler system layout who is either licensed under this Act
13or employed by an organization licensed under this Act.
14    (k) A person or business that seeks a license renewal as a
15fire sprinkler contractor must provide evidence of at least one
16fire sprinkler permit legally issued to the person or business
17named on the application for each of the 2 prior calendar
18years. Permits must have been issued from a jurisdiction with
19legal standing and authority to issue permits for fire
20sprinkler system installation or modification, excluding work
21solely limited to fire pump assembly.
22(Source: P.A. 97-112, eff. 7-14-11.)
 
23    (225 ILCS 317/30)
24    Sec. 30. Requirements for the installation, repair,
25inspection, and testing of fire protection systems.

 

 

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1    (a) Equipment shall be listed by a nationally recognized
2testing laboratory, such as Underwriters Laboratories, Inc. or
3Factory Mutual Laboratories, Inc., or shall comply with
4nationally accepted standards. The State Fire Marshal shall
5adopt by rule procedures for determining whether a laboratory
6is nationally recognized, taking into account the laboratory's
7facilities, procedures, use of nationally recognized
8standards, and any other criteria reasonably calculated to
9reach an informed determination.
10    (b) Equipment shall be installed in accordance with the
11applicable standards of the National Fire Protection
12Association and the manufacturer's specifications.
13    (c) The contractor shall furnish the user with operating
14instructions for all equipment installed, together with a
15diagram of the final installation.
16    (d) All fire sprinkler systems shall have a backflow
17prevention device or, in a municipality with a population over
18500,000, a double detector check assembly installed by a
19licensed plumber before the fire sprinkler system connection to
20the water service. Connection to the backflow prevention device
21or, in a municipality with a population over 500,000, a double
22detector assembly shall be done in a manner consistent with the
23Department of Public Health's Plumbing Code.
24    (e) This licensing Act is not intended to require any
25additional fire inspections at State level.
26    (f) Inspections and testing of existing fire sprinkler

 

 

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1systems and control equipment must be performed by a licensee
2or an individual employed or contracted by a licensee. Any
3individual who performs inspection and testing duties under
4this subsection (f) must possess proof of (i) certification by
5a nationally recognized certification organization at an
6appropriate level, such as NICET Level II in Inspection and
7Testing of Water Based Systems or the equivalent, by January 1,
82009 or (ii) satisfactory completion of a certified sprinkler
9fitter apprenticeship program approved by the U.S. Department
10of Labor. State employees who perform inspections and testing
11on behalf of State institutions and who meet all other
12requirements of this subsection (f) need not be licensed under
13this Act or employed by a licensee under this Act in order to
14perform inspection and testing duties under this subsection
15(f). The requirements of this subsection (f) do not apply to
16individuals performing inspections or testing of fire
17sprinkler systems on behalf of a municipality, a county, a fire
18protection district, or the Office of the State Fire Marshal.
19This subsection (f) does not apply to cursory weekly and
20monthly inspections of gauges and control valves conducted in
21accordance with the standards of the National Fire Protection
22Association and pump tests that are performed by individuals
23certified by the pump manufacturer.
24    A copy of the inspection report for an inspection performed
25pursuant to this subsection (f) must be forwarded by the entity
26performing the inspection to the local fire department or fire

 

 

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1protection district in which the sprinkler system is located.
2The inspection report must include the NICET Level II
3Inspection and Testing of Water Based Systems certification
4number or journeymen number of the person performing the
5inspection.
6(Source: P.A. 96-256, eff. 1-1-10; 97-112, eff. 7-14-11.)
 
7    (225 ILCS 317/65)
8    Sec. 65. Notice; suspension, revocation, or refusal to
9renew a license.
10    (a) Whenever the State Fire Marshal determines that there
11are reasonable grounds to believe that a licensee has violated
12a provision of this Act or the rules adopted under this Act,
13the State Fire Marshal shall give notice of the alleged
14violation to the person whom the license was issued. The notice
15shall (i)  be in writing; (ii) include a statement of the
16alleged violation which necessitates issuance of the notice;
17(iii) contain an outline of remedial action that, if taken,
18will effect compliance with the provisions of this Act and the
19rules adopted under this Act; (iv) prescribe a reasonable time,
20as determined by the State Fire Marshal, for the performance of
21any action required by the notice; and (v) be served upon the
22licensee. The notice shall be deemed to have been properly
23served upon the person when a copy of the notice has been sent
24by registered or certified mail to his or her last known
25address as furnished to the State Fire Marshal or when he or

 

 

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1she has been served the notice by any other method authorized
2by law.
3    (b) If the person to whom the notice is served does not
4comply with the terms of the notice within the time limitations
5specified in the notice, the State Fire Marshal may proceed
6with action to suspend, revoke, or refuse to issue a license as
7provided in this Section.
8    (c) Other requirements of this Act notwithstanding, when
9the State Fire Marshal determines that reasonable grounds exist
10to indicate that a violation of this Act has been committed and
11the violation is the third separate violation by that person in
12an 18-month period, the notice requirement of subsection (a) of
13this Section is waived and the State Fire Marshal may proceed
14immediately with action to suspend, revoke, or refuse to issue
15a license.
16    (d) In any proceeding to suspend, revoke, or refuse to
17issue a license, the State Fire Marshal shall first serve or
18cause to be served upon the licensee a written notice of the
19State Fire Marshal's intent to take action. The notice shall
20specify the way in which the person has failed to comply with
21this Act or any other rules or standards of the State Fire
22Marshal.
23    (e) In the case of revocation or suspension, the notice
24shall require the person to remove or abate the violation or
25objectionable condition specified in the notice within 5 days.
26The State Fire Marshal may specify a longer period of time as

 

 

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1it deems necessary. If the person fails to comply with the
2terms and conditions of the revocation or suspension notice
3within the time specified by the State Fire Marshal, the State
4Fire Marshal may revoke or suspend the license.
5    (f) In the case of refusal to issue a license, if the
6person fails to comply with the Act or rules or standards
7promulgated under the Act, or after making a determination that
8the designated party has a history of acting illegally,
9fraudulently, incompetently, or with gross negligence, the
10State Fire Marshal may refuse to issue a license.
11(Source: P.A. 92-871, eff. 1-3-03.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.