Illinois General Assembly - Full Text of HB0798
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Full Text of HB0798  102nd General Assembly

HB0798 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0798

 

Introduced 2/10/2021, by Rep. Kathleen Willis

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Fire Sprinkler Contractor Licensing Act. Provides for licensure of a fire sprinkler inspector, fire pump contractor, and fire pump contractor employee. Provides that beginning January 1, 2025, each fire sprinkler system shall be registered with the Office of the State Fire Marshal. Provides that fire sprinkler systems installed on or after January 1, 2025 shall be registered with the Office within 30 days of being placed in service. Provides that beginning January 1, 2024, any individual who performs inspection or testing of any fire sprinkler system under the Act shall be individually licensed and possess on his or her person a fire sprinkler inspector license including a photo identification issued by the Office. Adds provisions concerning registration and work on an unregistered fire sprinkler system; preparation of fire protection system layout documents; a designated responsible person; photo exemption for a license; reporting inspection and testing activity; and unlicensed practice. Makes changes to provisions concerning licensing requirements for a fire sprinkler contractor license; a designated certified person; requirements for the installation, repair, inspection, and testing of a fire protection system; continuing education requirements; powers and duties of the State Fire Marshal; grounds for disciplinary action; action by the State Fire Marshal; administrative hearing; injunctions; and grandfather clause. Defines terms. Makes other changes. Effective immediately, except that certain provisions take effect on January 1, 2024.


LRB102 10413 SPS 15741 b

 

 

A BILL FOR

 

HB0798LRB102 10413 SPS 15741 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 5, 10, 12, 15, 20, 30, 35, 40, 45,
650, 55, 60, 65, 70, 75, 80, 85, 90, 95, 100, 105, 110, and 120
7and by adding Sections 11, 14, 16, 17, 18, 19, 21, 22, 31, and
862 as follows:
 
9    (225 ILCS 317/5)
10    Sec. 5. Legislative intent. It is declared that within the
11State of Illinois there are, and may continue to be, locations
12where the improper installation, or repair, inspection,
13testing, or maintenance of fire sprinkler systems and
14associated components creates conditions that may adversely
15affect the public health and general welfare. Therefore, the
16purpose of this Act is to protect, promote, and preserve the
17public health and general welfare by providing for the State
18administrative control, supervision, licensure, and regulation
19of persons involved in the service of fire sprinkler systems,
20ensuring that those who hold themselves out as possessing
21professional qualifications to engage in service of fire
22sprinkler systems are qualified to render service, and
23providing for the high standards of professional conduct by

 

 

HB0798- 2 -LRB102 10413 SPS 15741 b

1those licensed to service fire sprinkler systems. This Act
2shall be liberally construed to promote the public interest
3and to accomplish the purpose stated in this Section.
4establishment of minimum standards for licensure of fire
5sprinkler installation contractors.
6(Source: P.A. 92-871, eff. 1-3-03.)
 
7    (225 ILCS 317/10)
8    Sec. 10. Definitions. As used in this Act, unless the
9context otherwise requires:
10    "ASSE" means the American Society of Sanitary Engineering.
11    "Designated certified person" means an individual who has
12met the qualifications set forth under Section 20 and who is
13designated by a fire sprinkler contractor to provide
14supervision, to ensure that fire protection system layout
15documents are prepared by an individual who meets the
16requirements under Section 14, and to ensure that each fire
17sprinkler system is installed, repaired, inspected, tested,
18and maintained in accordance with the requirements of this
19Act.
20    "Designated responsible person" means an individual who
21has met the qualifications set forth under Section 21 and who
22is designated by a fire pump contractor to provide supervision
23and to ensure that each fire pump, jockey pump, controller,
24and piece of associated specialty equipment is installed,
25repaired, inspected, tested, and maintained in accordance with

 

 

HB0798- 3 -LRB102 10413 SPS 15741 b

1the requirements of this Act.
2    "Fire protection system layout documents" means layout
3drawings, catalog information on standard products, and other
4construction data that provide detail on the location of
5risers, cross mains, branch lines, sprinklers, piping per
6applicable standard, and hanger locations. "Fire protection
7system layout documents" serve as a guide for fabrication and
8installation of a fire sprinkler system and shall be based
9upon applicable standards pursuant to Section 30 of this Act.
10    "Fire pump contractor" means a person who installs,
11repairs, inspects, tests, or maintains fire pumps, jockey
12pumps, controllers, and the associated specialty equipment
13unique to the fire pump and jockey pump assembly, drivers, and
14their controllers pursuant to Section 18.
15    "Fire pump contractor license" means a license issued to a
16qualified fire pump contractor.
17    "Fire pump contractor employee" means an individual
18employed by a fire pump contractor to inspect, test, or
19maintain fire pumps, jockey pumps, controllers, and their
20associated specialty equipment pursuant to Section 19.
21    "Fire pump contractor employee license" means a license
22issued to a qualified fire pump contractor employee.
23    "Fire sprinkler contractor" means a person who installs,
24repairs, inspects, tests, or maintains holds himself or
25herself out to be in the business of or contracts with a person
26to install or repair a fire sprinkler system pursuant to

 

 

HB0798- 4 -LRB102 10413 SPS 15741 b

1Section 16.
2    "Fire sprinkler contractor license" means a license issued
3to a qualified fire sprinkler contractor.
4    "Fire sprinkler inspector" means an individual qualified
5to inspect or test fire sprinkler systems pursuant to Section
617.
7    "Fire sprinkler inspector license" means a license issued
8to a qualified fire sprinkler inspector.
9    "Fire sprinkler system" means any water-based automatic
10fire extinguishing system employing fire sprinklers, including
11accessory fire pumps and associated piping, fire standpipes,
12or underground fire main systems starting at the connection to
13the water service after the approved backflow device is
14installed under the requirements of the Illinois Plumbing Code
15and ending at the most remote fire sprinkler. "Fire sprinkler
16system" includes but is not limited to a fire sprinkler system
17in a residential, commercial, institutional, educational,
18public, or private occupancy. "Fire sprinkler system" does not
19include single sprinkler heads that are in a loop of the
20potable water system, as referenced in 77 Ill. Adm. Code
21890.1130 and 890.1200.
22    "Inspection" means the visual examination of a fire
23sprinkler system or portion thereof to verify that it appears
24to be in operating condition and is free of physical damage.
25"Inspect" means to engage in an inspection.
26    "Installation" means the initial placement of the fire

 

 

HB0798- 5 -LRB102 10413 SPS 15741 b

1sprinkler system or its extension or alteration after initial
2placement. "Install" means to engage in installation.
3    "Licensee" means a person or business organization
4licensed in accordance with this Act.
5    "Maintenance" means work performed to keep a fire
6sprinkler system or portion thereof operable. "Maintenance"
7does not include repair. "Maintain" means to engage in
8maintenance.
9    "Manufacturer certified" means trained and certified by a
10manufacturer of fire pumps, jockey pumps, controllers, or
11associated specialty components.
12    "NICET" means the National Institute for Certification in
13Engineering Technologies.
14    "Office" means the Office of the State Fire Marshal.
15    "Officer" means any of the following: (i) if the business
16is a sole proprietorship, the owner of the business or any
17individual exercising managerial control; (ii) if the business
18is a partnership, any partner who has at least 10% ownership
19interest or any partner who exercises managerial control; or
20(iii) if the business is a corporation, any officer or
21director of the corporation or any individual who has at least
2210% ownership interest in such corporation or who exercises
23managerial control.
24    "Property owner" means the owner of the property on which
25the fire sprinkler system is present, which could be an
26individual, group of individuals, association, trust,

 

 

HB0798- 6 -LRB102 10413 SPS 15741 b

1partnership, corporation, or person doing business under an
2assumed name.
3    "Person" means an individual, group of individuals,
4association, trust, partnership, corporation, limited
5liability company, firm, business, person doing business under
6an assumed name, the State of Illinois, or department thereof,
7any other state-owned and operated institution, or any other
8public, private, or business entity.
9    "Repair" means any work after the initial installation to
10restore a fire sprinkler system or portion thereof to sound
11working condition or fix damage to provide performance as
12originally planned.
13    "Responsible managing employee" means the individual
14designated by the fire sprinkler contractor that is not
15required to have a designated certified person under Section
16120 to provide supervision, to ensure that fire protection
17system layout documents are prepared by an individual who
18meets the requirements under Section 14, and to ensure that
19each fire sprinkler system is installed, repaired, inspected,
20tested, and maintained in accordance with the requirements of
21this Act.
22    "Rules" means the rules adopted pursuant to this Act.
23    "Service" means any work on fire sprinkler systems,
24including, but not limited to, installation, repair,
25inspection, testing, and maintenance.
26    "Standards" means those standards or codes referenced in

 

 

HB0798- 7 -LRB102 10413 SPS 15741 b

1this Act or its rules.
2    "Supervision" means either the direction and management by
3a designated certified person or responsible managing employee
4of the activities of non-certified personnel in the
5installation, or repair, inspection, testing, or maintenance
6of fire sprinkler systems, including the responsibility to
7ensure that fire protection system layout documents are
8prepared by an individual who meets the requirements under
9Section 14, or the direction and management by a designated
10responsible person of the activities of any employee of a fire
11pump contractor.
12    "Testing" means the operation of a fire sprinkler system
13or portion thereof to determine the operational status of a
14fire sprinkler system or portion thereof or other physical
15checks to verify that a fire sprinkler system or portion
16thereof is functioning correctly. "Test" means to engage in
17testing.
18(Source: P.A. 94-367, eff. 1-1-06.)
 
19    (225 ILCS 317/11 new)
20    Sec. 11. Registration and fees; work on an unregistered
21fire sprinkler system.
22    (a) All fire sprinkler system installations regulated by
23this Act shall be performed by a licensed fire sprinkler
24contractor or, to the extent permitted by this Act, a licensed
25fire pump contractor.

 

 

HB0798- 8 -LRB102 10413 SPS 15741 b

1    (b) Beginning on January 1, 2025, each fire sprinkler
2system shall be registered with the Office and issued a unique
3identifying designation. It shall be the responsibility of the
4property owner to ensure the fire sprinkler system is
5registered through a licensed fire sprinkler contractor. A
6property owner may delegate his, her, or its authority to
7manage the day-to-day operations of the fire sprinkler system
8to another party but may not delegate his, her, or its
9responsibilities and duties under this Act or the rules.
10    During, or subsequent to, installation of a fire sprinkler
11system, the fire sprinkler contractor shall submit the
12registration and fee as prescribed by the Office.
13    (c) Fire sprinkler systems installed on or after January
141, 2025 shall be registered with the Office within 30 days of
15being placed in service. For the purpose of this Section, a
16fire sprinkler system is placed in service when initial
17testing and inspection are complete.
18    Fire sprinkler systems installed before January 1, 2025
19shall be registered with the Office no later than January 1,
202027.
21    (d) Beginning on January 1, 2025, whenever a registered
22fire sprinkler system is altered or extended in a fashion that
23causes information required for the registration of a fire
24sprinkler system to no longer be accurate, the change shall be
25reported to the Office within 30 days.
26    (e) Beginning on January 1, 2027, no fire sprinkler

 

 

HB0798- 9 -LRB102 10413 SPS 15741 b

1contractor or fire pump contractor may perform any service on
2a fire sprinkler system that is unregistered unless the fire
3sprinkler contractor or fire pump contractor provides notice
4to the Office, within 15 business days after the day on which
5service first occurred, of performing service on an
6unregistered fire sprinkler system.
 
7    (225 ILCS 317/12)
8    Sec. 12. Licenses; License; enforcement; failure to pay
9tax. No person shall act as a licensee fire sprinkler
10contractor, or advertise or assume to act as such, or use any
11title implying that such person is engaged in such practice or
12occupation unless licensed by the Office State Fire Marshal.
13    No person firm, association, or corporation shall act as
14an agency licensed under this Act, or advertise or assume to
15act as such, or use any title implying that the person firm,
16association, or corporation is engaged in such practice,
17unless licensed by the Office State Fire Marshal.
18    The Office State Fire Marshal, in the name of the People
19and through the Attorney General, the State's Attorney of any
20county, any resident of the State, or any legal entity within
21the State may apply for injunctive relief in any court to
22enjoin any person who has not been issued a license or whose
23license has been suspended, revoked, or not renewed from
24practicing a licensed activity, and upon the filing of a
25verified petition, the court, if satisfied by affidavit or

 

 

HB0798- 10 -LRB102 10413 SPS 15741 b

1otherwise, that such person is or has been practicing in
2violation of this Act may enter a temporary restraining order
3or preliminary injunction, without bond, enjoining the
4defendant from such further activity. A copy of the verified
5complaint shall be served upon the defendant and the
6proceedings shall thereafter be conducted as in other civil
7cases. If it is established that the defendant has been or is
8practicing in violation of this Act, the court may enter a
9judgment perpetually enjoining the defendant from such further
10activity. In case of violation of any injunctive order or
11judgment entered under the provisions of this Section, the
12court may summarily try and, if found in violation of the
13injunctive order, punish the offender for contempt of court.
14Such injunctive proceeding shall be in addition to all
15penalties and other remedies in this Act.
16    The Office State Fire Marshal may refuse to issue a
17license to, or may suspend the license of, any person who fails
18to file a return, to pay the tax, penalty, or interest shown in
19a filed return, or to pay any final assessment of tax, penalty,
20or interest, as required by any tax Act administered by the
21Illinois Department of Revenue, until such time as the
22requirements of any such tax Act are satisfied.
23(Source: P.A. 92-871, eff. 1-3-03.)
 
24    (225 ILCS 317/14 new)
25    Sec. 14. Fire protection system layout documents. All fire

 

 

HB0798- 11 -LRB102 10413 SPS 15741 b

1protection system layout documents of fire sprinkler systems
2shall be prepared by: (1) a professional engineer who is
3licensed under the Professional Engineering Practice Act of
41989, (2) an architect who is licensed under the Illinois
5Architecture Practice Act of 1989, or (3) a holder of a valid
6NICET Level III or IV certification in water-based fire
7protection systems layout who is either licensed under this
8Act or employed by an organization licensed under this Act.
 
9    (225 ILCS 317/15)
10    Sec. 15. Licensing requirements.
11    (a) It shall be unlawful for any person or business to
12engage in, advertise, or hold itself out to be in the business
13of installing, or repairing, inspecting, testing, maintaining,
14or servicing fire sprinkler systems in this State after 6
15months after the effective date of this Act, unless such
16person or business is licensed by the Office State Fire
17Marshal.
18    (b) Applications for initial licensure and renewal shall
19be made to the Office on forms or electronically as prescribed
20by the Office, and applicants shall pay the license fee. In
21order to obtain a license, a person or business must submit an
22application to the State Fire Marshal, on a form provided by
23the State Fire Marshal containing the information prescribed,
24along with the application fee.
25    (c) A business applying for a license must have a

 

 

HB0798- 12 -LRB102 10413 SPS 15741 b

1designated certified person employed at the business location
2and the designated certified person shall be identified on the
3license application.
4    (d) A person or business applying for a license must show
5proof of having liability and property damage insurance in
6such amounts and under such circumstances as may be determined
7by the State Fire Marshal. The amount of liability and
8property damage insurance, however, shall not be less than the
9amount specified in Section 35 of this Act.
10    (e) A person or business applying for a license must show
11proof of having workers' compensation insurance covering its
12employees or be approved as a self-insurer of workers'
13compensation in accordance with the laws of this State.
14    (f) A person or business so licensed shall have a separate
15license for each business location within the State or outside
16the State when the business location is responsible for any
17installation or repair of fire sprinkler systems performed
18within the State.
19    (g) When an individual proposes to do business in her or
20his own name, a license, when granted, shall be issued only to
21that individual.
22    (h) If the applicant requesting licensure to engage in
23contracting is a business organization, such as a partnership,
24corporation, business trust, or other legal entity, the
25application shall state the name of the partnership and its
26partners, the name of the corporation and its officers and

 

 

HB0798- 13 -LRB102 10413 SPS 15741 b

1directors, the name of the business trust and its trustees, or
2the name of such other legal entity and its members and shall
3furnish evidence of statutory compliance if a fictitious name
4is used. Such application shall also show that the business
5entity employs a designated certified person as required under
6Section 20. The license, when issued upon application of a
7business organization, shall be in the name of the business
8organization and the name of the qualifying designated
9certified person shall be noted thereon.
10    (c) (i) No license is required for a person or business
11that is engaged in the installation of fire sprinkler systems
12only in single-family single family or multiple-family
13multiple family residential dwellings up to and including 8
14family units that do not exceed 2 1/2 stories in height from
15the lowest grade level.
16    (j) All fire protection system layout documents of fire
17sprinkler systems, as defined in Section 10 of this Act, shall
18be prepared by (i) a professional engineer who is licensed
19under the Professional Engineering Practice Act of 1989, (ii)
20an architect who is licensed under the Illinois Architecture
21Practice Act of 1989, or (iii) a holder of a valid NICET level
223 or 4 certification in fire protection technology automatic
23sprinkler system layout who is either licensed under this Act
24or employed by an organization licensed under this Act.
25(Source: P.A. 97-112, eff. 7-14-11.)
 

 

 

HB0798- 14 -LRB102 10413 SPS 15741 b

1    (225 ILCS 317/16 new)
2    Sec. 16. Fire sprinkler contractor license.
3    (a) A person applying for or renewing a fire sprinkler
4contractor license shall have a designated certified person
5who meets the requirements pursuant to Section 20 or a
6responsible managing employee pursuant to Section 120 employed
7at the business location. The designated certified person or
8responsible managing employee shall be identified on the
9license application.
10    (b) A person applying for a fire sprinkler contractor
11license shall show proof of having liability and property
12damage insurance in such amounts and under such circumstances
13as may be determined by the Office. The amount of liability and
14property damage insurance, however, shall not be less than the
15amount specified in Section 35.
16    (c) A person applying for a fire sprinkler contractor
17license shall show proof of having workers' compensation
18insurance covering its employees or be approved as a
19self-insurer of workers' compensation in accordance with the
20laws of this State.
21    (d) A fire sprinkler contractor licensee shall have a
22separate license for each business location within the State
23or outside the State when the business location is responsible
24for any installation, repair, inspection, testing,
25maintenance, or service of fire sprinkler systems performed
26within the State.

 

 

HB0798- 15 -LRB102 10413 SPS 15741 b

1    (e) When an individual proposes to do business in his or
2her own name, a license, when granted, shall be issued only to
3that individual.
4    (f) If the applicant requesting licensure to engage in
5contracting is a business organization, such as a partnership,
6corporation, business trust, or other legal entity, the
7application shall state the name of the partnership and its
8partners, the name of the corporation and its officers and
9directors, the name of the business trust and its trustees, or
10the name of the other legal entity and its members and shall
11furnish evidence of statutory compliance if a fictitious name
12is used. Application for a fire sprinkler contractor license
13shall also show that the business entity employs a designated
14certified person or responsible managing employee. The
15license, when issued upon application of a business
16organization, shall be in the name of the business
17organization and the name of the qualifying designated
18certified person or responsible managing employee shall be
19noted on the license. Changes to the information required in
20this Section shall be reported to the Office within 30 days
21after the change.
22    (g) Each fire sprinkler contractor shall be subject to
23requirements for license renewal and continuing education
24under Section 35.
 
25    (225 ILCS 317/17 new)

 

 

HB0798- 16 -LRB102 10413 SPS 15741 b

1    Sec. 17. Fire sprinkler inspector license; application;
2minimum qualifications.
3    (a) Any individual who performs inspection or testing of
4any fire sprinkler system under this Act shall: (i) be
5employed by a licensed fire sprinkler contractor; and (ii)
6meet the minimum qualifications of this Section except where
7the individual is exempted by subsection (c).
8    Beginning January 1, 2024, any individual who performs
9inspection or testing of any fire sprinkler system under this
10Act shall be individually licensed and possess on his or her
11person a fire sprinkler inspector license including a photo
12identification issued by the Office.
13    A person applying for an initial fire sprinkler inspector
14license or renewing a fire sprinkler inspector license shall
15demonstrate to the Office proof of minimum qualifications as
16required by subsection (b) of this Section, except where the
17individual is exempted by subsection (c).
18    (b) Any individual who performs inspection or testing of
19any fire sprinkler system under this Act shall possess proof
20of:
21        (1) certification by a nationally recognized
22    certification organization at an appropriate level, such
23    as NICET Level II certification in Inspection and Testing
24    of Water-Based Systems or the equivalent; or
25        (2) valid ASSE 15010 certification in inspection,
26    testing and maintenance for water-based fire protection

 

 

HB0798- 17 -LRB102 10413 SPS 15741 b

1    system; or
2        (3) satisfactory completion of a certified sprinkler
3    fitter apprenticeship program approved by the U.S.
4    Department of Labor.
5    (c) The following are exemptions to the licensing
6requirements of this Section:
7        (1) State employees who perform inspection or testing
8    on behalf of State institutions and who meet the
9    requirements of subsection (b) need not be licensed under
10    this Section or employed by a fire sprinkler contractor
11    under this Act in order to perform inspection or testing
12    duties while engaged in the performance of their official
13    duties.
14        (2) The requirements of this Section do not apply to
15    individuals performing inspection or testing of fire
16    sprinkler systems on behalf of a municipality, a county, a
17    fire department, a fire protection district, or the Office
18    while engaged in the performance of their official duties.
19        (3) The requirements of this Section do not apply to a
20    stationary engineer, operating engineer, or other
21    individual employed on a full-time basis by the facility
22    owner or owner's representative performing weekly and
23    monthly inspections and tests in accordance with
24    applicable standards adopted under the rules.
25        (4) The requirements of this Section do not apply to
26    licensed fire pump contractor employees performing

 

 

HB0798- 18 -LRB102 10413 SPS 15741 b

1    inspection or testing within the scope of the license.
2    (d) Each fire sprinkler inspector shall be subject to the
3requirements for license renewal and continuing education
4under Section 35.
 
5    (225 ILCS 317/18 new)
6    Sec. 18. Fire pump contractor license.
7    (a) A person applying for or renewing a fire pump
8contractor license shall have a designated responsible person
9who meets the requirements of Section 21 employed at the
10business location. The designated responsible person shall be
11identified on the license application.
12    (b) A person applying for a fire pump contractor license
13shall show proof of having liability and property damage
14insurance in such amounts and under such circumstances as may
15be determined by the Office. The amount of liability and
16property damage insurance, however, shall not be less than the
17amount specified in Section 35.
18    (c) A person applying for a fire pump contractor license
19shall show proof of having workers' compensation insurance
20covering its employees or be approved as a self-insurer of
21workers' compensation in accordance with the laws of this
22State.
23    (d) A fire pump contractor licensee shall have a separate
24license for each business location within the State or outside
25the State when the business location is responsible for any

 

 

HB0798- 19 -LRB102 10413 SPS 15741 b

1installation, repair, inspection, testing, maintenance, or
2service of fire pumps, jockey pumps, controllers, and the
3associated specialty equipment unique to the fire pump and
4jockey pump assembly, drivers, and their controllers performed
5within the State.
6    (e) When an individual proposes to do business in his or
7her own name, a license, when granted, shall be issued only to
8that individual.
9    (f) If the applicant requesting licensure to engage in
10contracting is a business organization, such as a partnership,
11corporation, business trust, or other legal entity, the
12application shall state the name of the partnership and its
13partners, the name of the corporation and its officers and
14directors, the name of the business trust and its trustees, or
15the name of the other legal entity and its members and shall
16furnish evidence of statutory compliance if a fictitious name
17is used. The license, when issued upon application of a
18business organization, shall be in the name of the business
19organization and the name of the qualifying designated
20responsible person shall be noted on the license. Application
21for a fire pump contractor license shall also show that the
22business entity employs a designated responsible person.
23Changes to the information required in this Section shall be
24reported to the Office within 30 days after the change.
25    (g) Each fire pump contractor shall be subject to the
26requirements for license renewal and continuing education

 

 

HB0798- 20 -LRB102 10413 SPS 15741 b

1under Section 35.
2    (h) The fire pump contractor license is limited to the
3installation, repair, inspection, testing (including, but not
4limited to, acceptance testing and annual testing),
5maintenance, and service of fire pumps, jockey pumps,
6controllers, and the associated specialty equipment unique to
7the fire pump and jockey pump assemblies, both electric and
8mechanical, but limited to the fire pump, jockey pump, the
9driver, and the controller. The repair, replacement, or
10service of other components that are routinely employed in the
11construction of fire sprinkler systems, but which may also be
12present in the fire pump and jockey pump assemblies or the room
13in which the fire pump and jockey pump assemblies are located,
14are not covered by the fire pump contractor license.
15    (i) Certificates from any manufacturer by whom a fire pump
16contractor employee is manufacturer certified shall be kept on
17file by all fire pump contractors.
18    (j) A person, firm, or corporation that manufactures or
19sells fire pumps, jockey pumps, or controllers only from its
20place of business and does not install, repair, alter,
21replace, inspect, test, maintain, or service fire pumps,
22jockey pumps, controllers or other associated specialty
23equipment is not required to be licensed.
 
24    (225 ILCS 317/19 new)
25    Sec. 19. Fire pump contractor employee license;

 

 

HB0798- 21 -LRB102 10413 SPS 15741 b

1application; minimum qualifications.
2    (a) Any individual who performs inspection or testing of
3fire pumps, jockey pumps, controllers, and the associated
4specialty equipment unique to the fire pump and jockey pump
5assembly, drivers, and their controllers under this Act shall
6be licensed and possess on his or her person a fire pump
7contractor employee license, including a photo identification
8issued by the Office, except where the individual is exempted
9by subsection (d).
10    (b) An individual applying for an initial fire pump
11contractor employee license or renewing a fire pump contractor
12employee license shall demonstrate to the Office proof of the
13following:
14        (1) current employment by a fire pump contractor;
15        (2) current manufacturer certification for fire pump
16    equipment from at least one manufacturer of fire pumps;
17        (3) current manufacturer certification for controller
18    equipment from at least 2 manufacturers of fire pump
19    controllers; and
20        (4) experience that includes active participation in
21    the safe performance of at least 50 inspections and tests
22    of fire pumps.
23    (c) In order to perform inspection or testing of any fire
24pumps, jockey pumps, controllers, and the associated specialty
25equipment unique to the fire pump and jockey pump assembly,
26drivers, and their controllers, a fire pump contractor

 

 

HB0798- 22 -LRB102 10413 SPS 15741 b

1employee shall be employed by a fire pump contractor. When a
2fire pump contractor employee is no longer employed by a fire
3pump contractor, the license shall be invalid.
4    (d) The following are exemptions to the licensing
5requirements of this Section:
6        (1) A licensed fire sprinkler inspector performing
7    work for a fire sprinkler contractor is not required to be
8    licensed under this Section.
9        (2) Employees of a person, firm, or corporation that
10    manufactures or sells fire pumps, jockey pumps, or
11    controllers only from its place of business and does not
12    install, repair, alter, replace, inspect, test, maintain,
13    or service fire pumps, jockey pumps, controllers, or other
14    associated specialty equipment are not required to be
15    licensed.
16    (e) Each fire pump contractor employee shall be subject to
17the requirements for license renewal and continuing education
18under Section 35.
 
19    (225 ILCS 317/20)
20    Sec. 20. Designated certified person requirements; change
21of a designated certified person.
22    (a) A designated certified person shall must either be a
23current Illinois licensed professional engineer pursuant to
24the Professional Engineering Practice Act of 1989 or hold a
25valid NICET Level III level 3 or higher certification in

 

 

HB0798- 23 -LRB102 10413 SPS 15741 b

1water-based fire protection systems layout "fire protection
2technology, automatic sprinkler system layout".
3    (b) At least one member of every firm, association, or
4partnership and at least one corporate officer of every
5corporation engaged in the installation, and repair,
6inspection, testing, or maintenance of fire sprinkler systems
7shall must be a designated certified person.
8    (c) A designated certified person shall must be employed
9by the fire sprinkler contractor licensee at each a business
10location with a valid license.
11    (d) A designated certified person shall must perform his
12or her normal duties at a business location with a valid
13license.
14    (e) A designated certified person may only be the
15designated certified person for one business location and one
16business entity.
17    (f) A designated certified person shall must be directly
18involved in supervision. The designated certified person does
19not, however, have to be at the site of the installation, or
20repair, inspection, testing, or maintenance of the fire
21sprinkler system at all times.
22    (g) A designated certified person shall provide an
23affirmative statement acknowledging his or her role as the
24designated certified person for the fire sprinkler contractor.
25    (h) When a fire sprinkler contractor is without a
26designated certified person, the fire sprinkler contractor

 

 

HB0798- 24 -LRB102 10413 SPS 15741 b

1shall notify the Office in writing within 30 days and shall
2employ a designated certified person no later than 180 days
3from the time the position of designated certified person
4becomes vacant. Failing to fill the vacant position shall
5cause the fire sprinkler contractor license to expire without
6further operation of law.
7(Source: P.A. 92-871, eff. 1-3-03.)
 
8    (225 ILCS 317/21 new)
9    Sec. 21. Designated responsible person requirements;
10change of a designated responsible person.
11    (a) A designated responsible person shall demonstrate to
12the Office proof of the following:
13        (1) current manufacturer certification for fire pump
14    equipment from at least one manufacturer of fire pumps;
15        (2) current manufacturer certification for controller
16    equipment from at least 3 manufacturers of fire pump
17    controllers; and
18        (3) experience that includes active participation in
19    the safe performance of at least 75 inspections and tests
20    of fire pumps.
21    (b) At least one member of every firm, association, or
22partnership and at least one officer of every corporation
23engaged in the installation, repair, inspection, testing, or
24maintenance of fire pumps, jockey pumps, and associated
25specialty equipment shall be a designated responsible person.

 

 

HB0798- 25 -LRB102 10413 SPS 15741 b

1    (c) A designated responsible person shall be employed by
2the fire pump contractor at each business location with a
3valid license.
4    (d) A designated responsible person shall perform his or
5her normal duties at a business location with a valid license.
6    (e) A designated responsible person may only be the
7designated responsible person for one business location and
8one business entity.
9    (f) A designated responsible person shall be directly
10involved in supervision. The designated responsible person
11does not, however, have to be at the site of the installation,
12repair, inspection, testing, or maintenance of the fire pumps,
13jockey pumps, and associated specialty equipment at all times.
14    (g) A designated responsible person shall provide an
15affirmative statement acknowledging his or her role as the
16designated responsible person for the fire pump contractor.
17    (h) When a fire pump contractor is without a designated
18responsible person, the fire pump contractor shall notify the
19Office in writing within 30 days and shall employ a designated
20responsible person no later than 180 days from the time the
21position of designated responsible person becomes vacant.
22Failing to fill the vacant position shall cause the fire pump
23contractor license to expire without further operation of law.
 
24    (225 ILCS 317/22 new)
25    Sec. 22. Licenses; photo exemption. An applicant who is 21

 

 

HB0798- 26 -LRB102 10413 SPS 15741 b

1years of age or older seeking a religious exemption to the
2requirement under this Act that all licenses contain the
3licensees' photo shall furnish with his or her application an
4approved copy of United States Department of the Treasury
5Internal Revenue Service Form 4029. Regardless of age, an
6applicant seeking a religious exemption to this photo
7requirement shall submit fingerprints in a form and manner
8prescribed by the Office with his or her application in lieu of
9a photo.
 
10    (225 ILCS 317/30)
11    Sec. 30. Requirements for the installation, repair,
12inspection, and testing, maintenance, and service of fire
13protection systems.
14    (a) Equipment shall be listed by a nationally recognized
15testing laboratory, such as Underwriters Laboratories, Inc. or
16Factory Mutual Laboratories, Inc., or shall comply with
17nationally accepted standards. The Office State Fire Marshal
18shall adopt by rule procedures for determining whether a
19laboratory is nationally recognized, taking into account the
20laboratory's facilities, procedures, use of nationally
21recognized standards, and any other criteria reasonably
22calculated to reach an informed determination.
23    (b) Equipment shall be installed, repaired, inspected,
24tested, and maintained in accordance with the applicable
25standards as adopted in the rules of the National Fire

 

 

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1Protection Association and the manufacturer's specifications.
2    (c) The contractor shall furnish the user with operating
3instructions for all equipment installed, together with
4as-built plans a diagram of the final installation.
5    (d) All fire sprinkler systems shall have a backflow
6prevention device or, in a municipality with a population over
7500,000, a double detector check assembly installed by a
8licensed plumber before the fire sprinkler system connection
9to the water service. Connection to the backflow prevention
10device or, in a municipality with a population over 500,000, a
11double detector assembly shall be done in a manner consistent
12with the Department of Public Health's Plumbing Code.
13    (e) (Blank). This licensing Act is not intended to require
14any additional fire inspections at State level.
15    (f) Inspections Before January 1, 2022, inspection and
16testing of existing fire sprinkler systems and control
17equipment shall must be performed by an individual qualified
18under Section 17 or, to the extent permitted by this Act, an
19individual qualified under Section 19 a licensee or an
20individual employed or contracted by a licensee. A copy of the
21inspection report for an inspection or testing of a fire
22sprinkler system shall be sent to the local fire jurisdiction
23as provided by subsection (a) of Section 31. Any individual
24who performs inspection and testing duties under this
25subsection (f) must possess proof of (i) certification by a
26nationally recognized certification organization at an

 

 

HB0798- 28 -LRB102 10413 SPS 15741 b

1appropriate level, such as NICET Level II in Inspection and
2Testing of Water Based Systems or the equivalent, (ii) a valid
3ASSE 15010 certification in "inspection, testing and
4maintenance for water-based fire protection systems", or (iii)
5satisfactory completion of a certified sprinkler fitter
6apprenticeship program approved by the U.S. Department of
7Labor. State employees who perform inspections and testing on
8behalf of State institutions and who meet all other
9requirements of this subsection (f) need not be licensed under
10this Act or employed by a licensee under this Act in order to
11perform inspection and testing duties under this subsection
12(f). The requirements of this subsection (f) do not apply to
13individuals performing inspections or testing of fire
14sprinkler systems on behalf of a municipality, a county, a
15fire protection district, or the Office of the State Fire
16Marshal. This subsection (f) does not apply to a stationary
17engineer, operating engineer, or other individual employed on
18a full-time basis by the facility owner or owner's
19representative performing weekly and monthly inspections and
20tests in accordance with applicable National Fire Protection
21Association standards.
22    Before January 1, 2022, a copy of the inspection report
23for an inspection performed pursuant to this subsection (f)
24must be forwarded by the entity performing the inspection to
25the local fire department or fire protection district in which
26the sprinkler system is located. The inspection report must

 

 

HB0798- 29 -LRB102 10413 SPS 15741 b

1include the NICET Level II Inspection and Testing of Water
2Based Systems certification number, ASSE 15010 certification
3number for "inspection, testing and maintenance for
4water-based fire protection systems", or journeymen number of
5the person performing the inspection.
6    After December 31, 2021, inspection and testing of
7existing fire sprinkler systems and control equipment must be
8performed by a licensee or an individual employed or
9contracted by a licensee. Any individual who performs
10inspection and testing duties under this subsection (f) must
11possess proof of (i) certification by a nationally recognized
12certification organization at an appropriate level, such as
13NICET Level III in Inspection and Testing of Water Based
14Systems or the equivalent, (ii) a valid ASSE 15010
15certification in "inspection, testing and maintenance for
16water-based fire protection systems", or (iii) satisfactory
17completion of a certified sprinkler fitter apprenticeship
18program approved by the United States Department of Labor.
19State employees who perform inspections and testing on behalf
20of State institutions and who meet all other requirements of
21this subsection (f) need not be licensed under this Act or
22employed by a licensee under this Act in order to perform
23inspection and testing duties under this subsection (f). The
24requirements of this subsection (f) do not apply to
25individuals performing inspections or testing of fire
26sprinkler systems on behalf of a municipality, a county, a

 

 

HB0798- 30 -LRB102 10413 SPS 15741 b

1fire protection district, or the Office of the State Fire
2Marshal. This subsection (f) does not apply to a stationary
3engineer, operating engineer, or other individual employed on
4a full-time basis by the facility owner or owner's
5representative performing weekly and monthly inspections and
6tests in accordance with applicable National Fire Protection
7Association standards.
8    After December 31, 2021, a copy of the inspection report
9for an inspection performed pursuant to this subsection (f)
10must be forwarded by the entity performing the inspection to
11the local fire department or fire protection district in which
12the sprinkler system is located. The inspection report must
13include the NICET Level III Inspection and Testing of Water
14Based Systems certification number, ASSE 15010 certification
15number for "inspection, testing and maintenance for
16water-based fire protection systems", or journeymen number of
17the person performing the inspection.
18(Source: P.A. 101-626, eff. 6-1-20.)
 
19    (225 ILCS 317/31 new)
20    Sec. 31. Reporting inspection and testing activity.
21    (a) A copy of the inspection report for an inspection or
22testing of a fire sprinkler system shall be forwarded by the
23entity performing the inspection or testing to the local fire
24department or fire protection district in which the fire
25sprinkler system is located within 20 business days after the

 

 

HB0798- 31 -LRB102 10413 SPS 15741 b

1inspection or testing or within the time frame required by the
2local fire department or fire protection district, whichever
3is less.
4    The inspection or testing report shall include: (1) the
5name and license number of the individual or individuals who
6performed the inspection or testing; and (2) the name and
7license number of the fire sprinkler contractor or fire pump
8contractor by whom the individual or individuals are employed.
9    (b) Beginning on January 1, 2023, each fire sprinkler
10contractor or fire pump contractor shall submit an activity
11report of inspection and testing activities conducted by the
12fire sprinkler contractor and its employees or by the fire
13pump contractor and its employees to the Office on a periodic
14basis as determined by the Office. Specific requirements of
15the report shall be determined by the Office but shall
16include: (1) the fire sprinkler system or fire sprinkler
17systems on which inspection or testing occurred; and (2) the
18name and license number of the individual or individuals who
19performed the inspection or testing.
 
20    (225 ILCS 317/35)
21    Sec. 35. Fees, renewals, continuing education, and
22required insurance.
23    (a) The fees for an initial original license and each
24renewal and for duplicate copies of licenses shall be
25determined by the Office State Fire Marshal by rule.

 

 

HB0798- 32 -LRB102 10413 SPS 15741 b

1    (b) Each license shall must be renewed every 2 years. Each
2licensee shall must complete at least 16 hours of continuing
3education in the 2-year period following the licensee's his or
4her renewal or initial licensure, with at least 8 hours of
5continuing education completed during each year of the current
6license after the effective date of this amendatory Act of the
797th General Assembly.
8    To satisfy the continuing education requirement for fire
9sprinkler contractors, continuing education shall be completed
10by the designated certified person or responsible managing
11employee on behalf of the fire sprinkler contractor licensee.
12To satisfy the continuing education requirement for fire pump
13contractors, continuing education shall be completed by the
14designated responsible person on behalf of the fire pump
15contractor licensee. Current licensure as a professional
16engineer or proof of current NICET certification in Level III
17or IV certification in water-based fire protection systems
18layout shall satisfy the continuing education this requirement
19for designated certified persons.
20    Continuing education offered through nationally recognized
21building and fire code organizations and their affiliates;
22nationally recognized fire sprinkler organizations and their
23affiliates; institutions of higher education; educational
24bodies specializing in automatic fire suppression system
25technology; as well as other entities approved by the Office
26State Fire Marshal shall be also acceptable. All continuing

 

 

HB0798- 33 -LRB102 10413 SPS 15741 b

1education entities seeking to be approved providers of
2continuing education shall make application to the Office
3State Fire Marshal and offer programs that:
4        (1) contribute to the advancement, extension, or
5    enhancement of the professional skills or technical
6    knowledge of the licensee in the practice of fire
7    sprinkler contracting; and
8        (2) are developed and presented by persons with
9    education or experience in the subject manner of the
10    program.
11    (c) Any person who fails to file a renewal application by
12the date of expiration of a license shall be assessed a late
13filing fee charge, which shall be determined by the Office
14State Fire Marshal by rule.
15    (d) All fees shall be paid by check or money order. Any fee
16required by this Act is not refundable in the event that the
17initial original application or application for renewal is
18denied.
19    (e) Every application for an initial original license or
20renewal of a fire sprinkler contractor license or fire pump
21contractor license shall be accompanied by a certificate of
22insurance issued by an insurance company authorized to do
23business in the State of Illinois or by a risk retention or
24purchasing group formed pursuant to the federal Liability Risk
25Retention Act of 1986, which provides primary, first dollar
26public liability coverage of the applicant or licensee for

 

 

HB0798- 34 -LRB102 10413 SPS 15741 b

1personal injuries for not less than $500,000 per person or
2$1,000,000 per occurrence, and, in addition, for not less than
3$1,000,000 per occurrence for property damage. The insurance
4policy shall be in effect at all times during the license year
5and a new certificate of insurance shall be filed with the
6Office State Fire Marshal within 30 days after the renewal of
7the insurance policy.
8(Source: P.A. 97-112, eff. 7-14-11.)
 
9    (225 ILCS 317/40)
10    Sec. 40. Deposit of fines and fees; appropriation. All
11administrative civil fines and fees collected pursuant to the
12Act shall be deposited into the Fire Prevention Fund, a
13special fund in the State treasury. The General Assembly shall
14appropriate the amount annually collected as administrative
15civil fines and fees to the State Fire Marshal for the purposes
16of administering this Act.
17(Source: P.A. 92-871, eff. 1-3-03.)
 
18    (225 ILCS 317/45)
19    Sec. 45. Home rule. A home rule unit may not regulate the
20service installation and repair of fire sprinkler systems in a
21manner less restrictive than the regulation by the State on
22the service installation and repair of fire sprinkler systems
23under this Act. This Section is a limitation under subsection
24(i) of Section 6 of Article VII of the Illinois Constitution on

 

 

HB0798- 35 -LRB102 10413 SPS 15741 b

1the concurrent exercise by home rule units of powers and
2functions exercised by the State.
3    The changes made to this Section by this amendatory Act of
4the 102nd General Assembly are intended to be a restatement
5and clarification of existing law.
6(Source: P.A. 92-871, eff. 1-3-03.)
 
7    (225 ILCS 317/50)
8    Sec. 50. Powers and duties of the Office State Fire
9Marshal. The Office State Fire Marshal has all of the
10following powers and duties:
11    (a) To prescribe and furnish application forms, licenses,
12and any other forms necessary under this Act.
13    (b) To suspend, revoke, or refuse to issue or renew
14licenses for cause.
15    (c) To conduct hearings concerning the suspension,
16revocation, or refusal to issue or renew licenses.
17    (d) To levy and collect fines pursuant to this Act.
18    (e) To adopt promulgate rules and regulations and
19incorporate standards necessary for the administration of this
20Act and to enforce the rules and standards adopted under the
21Act or its rules.
22    (f) To investigate applications, complaints, and
23allegations of violations associated with this Act.
24    (g) To establish a database of all fire sprinkler systems
25and persons involved in the inspection or testing of fire

 

 

HB0798- 36 -LRB102 10413 SPS 15741 b

1sprinkler systems.
2    (h) To establish fee schedules for licenses and
3registrations.
4(Source: P.A. 92-871, eff. 1-3-03.)
 
5    (225 ILCS 317/55)
6    Sec. 55. Rules; public hearing. Subject to the requirement
7for public hearings as provided in this Section, the Office
8State Fire Marshal shall promulgate, publish, and adopt, and
9may, from time to time, amend such rules as may be necessary
10for the proper enforcement of this Act, to protect the health
11and safety of the public. The Office State Fire Marshal shall
12hold a public hearing prior to the adoption or amendment of
13rules required under this Act. The Office State Fire Marshal
14may, when necessary, utilize the services of any other State
15agency to assist in carrying out the purposes of this Act.
16(Source: P.A. 92-871, eff. 1-3-03.)
 
17    (225 ILCS 317/60)
18    Sec. 60. Grounds for disciplinary action. The following
19constitute grounds for disciplinary action by the Office State
20Fire Marshal:
21    (1) Violation of any provision of this Act or rules or
22standards adopted under this Act or its rules or of any rule
23adopted pursuant thereto.
24    (2) Violation of the applicable building, fire, or life

 

 

HB0798- 37 -LRB102 10413 SPS 15741 b

1safety codes or laws of this State or any municipality or
2county thereof.
3    (3) Diversion of funds or property received for
4prosecution or completion of a specified construction project
5or operation when, as a result of the diversion, the
6contractor is, or will be, unable to fulfill the terms of his
7or her her or his obligation or contract.
8    (4) Any final disciplinary Disciplinary action by any
9municipality or county of this State, which action shall be
10reviewed by the Office State Fire Marshal before the Office
11takes taking any disciplinary action.
12    (5) Failure to supervise the installation, repair,
13inspection, testing, maintenance, or service of the fire
14sprinkler protection system performed covered by the
15installation permit signed by the contractor.
16    (6) Rendering a fire sprinkler protection system,
17standpipe system, or underground water supply main connecting
18to the system inoperative except when the fire sprinkler
19protection system, standpipe system, or underground water
20supply main is being inspected, serviced, tested, or repaired
21or pursuant to court order.
22    (7) Improperly installing, maintaining, servicing,
23repairing, testing, or inspecting a fire sprinkler protection
24system, standpipe system, or underground water supply main
25connecting to the system based upon applicable standards of
26this Act or as adopted by rule.

 

 

HB0798- 38 -LRB102 10413 SPS 15741 b

1    (8) Failing to provide proof of insurance to the Office
2State Fire Marshal or failing to maintain in force the
3insurance coverage required by this Act.
4    (9) Failing to obtain, retain, or maintain one or more of
5the qualifications for a designated certified person,
6responsible managing employee, or designated responsible
7person as specified in this Act.
8    (10) Making a material misstatement or misrepresentation
9or committing a fraud in obtaining or attempting to obtain a
10license.
11    (11) Failing to notify the Office State Fire Marshal, in
12writing, within 30 days after a change of residence address,
13principal business address, or name, designated certified
14person, responsible managing employee, or designated
15responsible person.
16    (12) Failure to supply within a reasonable time, upon
17request from the Office State Fire Marshal or its authorized
18representative, true information regarding material used, work
19performed, or other information essential to the
20administration of this Act.
21    (13) Aiding or assisting abetting a person to violate any
22a provision of this Act or its rules, or conspiring with any
23person to violate any a provision of this Act or its rules , or
24allowing a license to be used by another person.
25    (14) Discipline by another U.S. jurisdiction if at least
26one of the grounds for the discipline is the same or

 

 

HB0798- 39 -LRB102 10413 SPS 15741 b

1substantially equivalent to those set forth in this Section.
2    (15) Improperly advertising services for installing,
3maintaining, servicing, repairing, testing, or inspecting a
4fire sprinkler system.
5    (16) Making a material misstatement or misrepresentation
6or committing fraud in the installation, repair, inspection,
7testing, maintenance, or service of a fire sprinkler system,
8standpipe system, or underground water supply main connecting
9to the system.
10    (17) Conviction by plea of guilty or nolo contendere,
11finding of guilt, jury verdict, or entry of judgment or by
12sentencing of any crime, including, but not limited to,
13convictions, preceding sentences of supervision, conditional
14discharge, or first offender probation, under the laws of any
15jurisdiction of the United States that is a felony or
16misdemeanor, an essential element of which is dishonesty, or
17that is directly related to the business practices or the
18installation, repair, inspection, testing, maintenance, or
19service of a fire sprinkler system, standpipe system, or
20underground water supply main connecting to the system.
21    (18) Directly or indirectly willfully receiving
22compensation for any professional service related to the
23license, not properly or actually rendered, including
24inspections.
25    (19) Permitting the use of a license issued under this Act
26to enable an unlicensed person or agency to operate as a

 

 

HB0798- 40 -LRB102 10413 SPS 15741 b

1licensee.
2    (20) Failing to provide notice of service on an
3unregistered system occurring on or after January 1, 2027 to
4the Office within 15 business days after the day on which
5service first occurred.
6(Source: P.A. 92-871, eff. 1-3-03.)
 
7    (225 ILCS 317/62 new)
8    Sec. 62. Unlicensed practice; violation; civil penalty.
9    (a) Any person, entity, or business that offers fire
10sprinkler contractor or fire pump contractor services under
11this Act without being licensed or exempt under this Act
12shall, in addition to any other penalty provided by law, pay a
13civil penalty, which shall be deposited into the Fire
14Prevention Fund, in an amount not to exceed $10,000 for each
15offense, as determined by the Office. The civil penalty shall
16be assessed by the Office after a hearing is held in accordance
17with the provisions of this Act regarding the provision of a
18hearing for the discipline of a licensee.
19    (b) Use of the title fire sprinkler inspector is limited
20to those individuals licensed under this Act. Any person who
21practices, offers to practice, attempts to practice, or holds
22himself or herself out to practice as a fire sprinkler
23inspector without being licensed or exempt under this Act
24shall, in addition to any other penalty provided by law, pay a
25civil penalty, which shall be deposited into the Fire

 

 

HB0798- 41 -LRB102 10413 SPS 15741 b

1Prevention Fund, in an amount not to exceed $10,000 for each
2offense, as determined by the Office. The civil penalty shall
3be assessed by the Office after a hearing is held in accordance
4with the provisions in this Act regarding the provision of a
5hearing for the discipline of a licensee.
6    (c) The Office may investigate any actual, alleged, or
7suspected unlicensed activity.
8    (d) The civil penalty shall be paid within 60 days after
9the effective date of the order imposing the civil penalty.
10The order shall constitute a final judgment and may be filed
11and execution had thereon in the same manner as any judgment
12from any court of record.
 
13    (225 ILCS 317/65)
14    Sec. 65. Notice; administrative action; suspension,
15revocation, or refusal to renew a license.
16    (a) Whenever the Office State Fire Marshal determines that
17there are reasonable grounds to believe that a licensee has
18violated a provision of this Act or the rules or standards
19adopted under this Act or its rules, the Office State Fire
20Marshal shall give notice of the alleged violation to the
21person whom the license was issued. The notice shall (i)  be
22in writing and ; (ii) include a statement of the alleged
23violation which necessitates issuance of the notice; (iii)
24contain an outline of remedial action that, if taken, will
25effect compliance with the provisions of this Act and the

 

 

HB0798- 42 -LRB102 10413 SPS 15741 b

1rules adopted under this Act; (iv) prescribe a reasonable
2time, as determined by the State Fire Marshal, for the
3performance of any action required by the notice; and (v) be
4served upon the licensee. The notice shall be deemed to have
5been properly served upon the person when a copy of the notice
6has been sent by registered or certified mail to the person's
7his or her last known address as furnished to the Office State
8Fire Marshal or when the person he or she has been served the
9notice by any other method authorized by law.
10    (b) If the person to whom the notice is served does not
11abate the violation comply with the terms of the notice within
12the time limitations specified in the notice, the Office State
13Fire Marshal may proceed with action, including civil and
14administrative fines, penalties, suspension, revocation, and
15refusal to suspend, revoke, or refuse to issue or renew a
16license as provided in this Act Section.
17    (c) (Blank). Other requirements of this Act
18notwithstanding, when the State Fire Marshal determines that
19reasonable grounds exist to indicate that a violation of this
20Act has been committed and the violation is the third separate
21violation by that person in an 18-month period, the notice
22requirement of subsection (a) of this Section is waived and
23the State Fire Marshal may proceed immediately with action to
24suspend, revoke, or refuse to issue a license.
25    (d) In any proceeding to administratively fine, penalize,
26suspend, revoke, or refuse to issue or renew a license, the

 

 

HB0798- 43 -LRB102 10413 SPS 15741 b

1Office State Fire Marshal shall first serve or cause to be
2served upon the person licensee a written notice of the
3Office's State Fire Marshal's intent to take action. The
4notice shall specify the way in which the person has failed to
5comply with this Act or any other rules or standards of the
6Office State Fire Marshal. The notice shall be deemed to have
7been properly served upon the person when a copy of the notice
8has been sent by registered or certified mail to the person's
9last known address as furnished to the State Fire Marshal or
10when the person has been served the notice by any other method
11authorized by law.
12    (e) In the case of revocation or suspension, the notice
13shall require the person to remove or abate the violation or
14objectionable condition specified in the notice within 10 5
15days. The Office State Fire Marshal may specify a longer
16period of time as it deems necessary. If the person fails to
17comply with the terms and conditions of the revocation or
18suspension notice within the time specified by the Office
19State Fire Marshal, the Office State Fire Marshal may
20summarily revoke or suspend the license.
21    (f) If In the case of refusal to issue a license, if the
22person has violated or fails to comply with the Act or rules or
23standards adopted promulgated under this the Act or its rules,
24the Office State Fire Marshal may refuse to issue or renew a
25license.
26(Source: P.A. 92-871, eff. 1-3-03.)
 

 

 

HB0798- 44 -LRB102 10413 SPS 15741 b

1    (225 ILCS 317/70)
2    Sec. 70. Administrative hearing. The Office State Fire
3Marshal shall give written notice by certified or registered
4mail to an applicant, or licensee, or person of the Office's
5State Fire Marshal's intent to suspend, revoke, or refuse to
6issue or renew a license or to assess a fine. Such person has a
7right to a hearing before the Office State Fire Marshal. A
8written notice of a request for a hearing shall be served on
9the Office State Fire Marshal within 10 days of notice of the
10refusal, suspension, or revocation of a license or imposition
11of a fine. The hearing shall be conducted by the Office State
12Fire Marshal or a hearing officer designated in writing by the
13Office State Fire Marshal. A stenographic record shall be made
14of the hearing and the cost of the hearing shall be borne by
15the Office State Fire Marshal. A transcript of the hearing
16shall be made only upon request of the applicant, or licensee,
17or person and shall be transcribed at the cost of that person.
18(Source: P.A. 92-871, eff. 1-3-03.)
 
19    (225 ILCS 317/75)
20    Sec. 75. Subpoena powers; administration of oath. The
21Office State Fire Marshal or hearing officer may compel by
22subpoena or subpoena duces tecum the attendance and testimony
23of witnesses and the production of books and papers. All
24subpoenas issued by the Office State Fire Marshal or hearing

 

 

HB0798- 45 -LRB102 10413 SPS 15741 b

1officer may be served as provided for in a civil action. The
2fees of witnesses for attendance and travel shall be the same
3as the fees for witnesses before the circuit court and shall be
4paid by the party at whose request the subpoena is issued. If
5such subpoena is issued at the request of the Office State Fire
6Marshal, the witness fee shall be paid as an administrative
7expense.
8    In the case of refusal of a witness to attend or testify or
9to produce books or papers concerning any matter upon which he
10or she might be lawfully examined, the circuit court of the
11county where the hearing is held, upon application of any
12party to the proceeding, may compel obedience by a proceeding
13for contempt.
14    The Office State Fire Marshal or hearing officer has the
15authority to administer oaths to witnesses.
16(Source: P.A. 92-871, eff. 1-3-03.)
 
17    (225 ILCS 317/80)
18    Sec. 80. Deposition of witnesses; testimony at hearing
19recorded. In the event of the inability of any party or the
20Office State Fire Marshal to procure the attendance of
21witnesses to give testimony or produce books and papers, the
22party or the Office State Fire Marshal may take the deposition
23of witnesses in accordance with the laws of this State. All
24testimony taken at a hearing shall be reduced to writing and
25all such testimony and other evidence introduced at the

 

 

HB0798- 46 -LRB102 10413 SPS 15741 b

1hearing shall be a part of the record of the hearing.
2(Source: P.A. 92-871, eff. 1-3-03.)
 
3    (225 ILCS 317/85)
4    Sec. 85. Certification of record. The Office State Fire
5Marshal is not required to certify any record or file any
6answer or otherwise appear in any proceeding for judicial
7review unless the party filing the complaint deposits with the
8clerk of the court the sum of one dollar per page representing
9the costs of the certification. Failure on the part of the
10plaintiff to make the deposit shall be grounds for dismissal
11of the action.
12(Source: P.A. 92-871, eff. 1-3-03.)
 
13    (225 ILCS 317/90)
14    Sec. 90. Injunction. Unlicensed, faulty, or noncompliant
15Faulty fire sprinkler installation, and repair, inspection,
16testing, maintenance, and service is declared a violation of
17this Act and inimical to the public health, welfare, and
18safety and a deceptive business practice. If any person
19violates the provisions of this Act, the Office may, in the
20name of the People of the State of Illinois, through the
21Attorney General, petition, in a circuit court of competent
22jurisdiction, for an order enjoining such violation or for an
23order enforcing compliance with this Act. Upon the filing of a
24verified petition in such court, the court may issue a

 

 

HB0798- 47 -LRB102 10413 SPS 15741 b

1temporary restraining order, without notice or bond, and may
2preliminarily and permanently enjoin such violation, and if it
3is established that such person has violated or is violating
4the injunction the court may punish the offender for contempt
5of court. Proceedings under this Section shall be in addition
6to, and not in lieu of, all other remedies and penalties
7provided by this Act The State Fire Marshal, in the name of the
8People of the State, through the Attorney General or the
9State's Attorney of the county in which the violation occurs
10may, in addition to other remedies herein provided, bring an
11action for an injunction to restrain such violation or enjoin
12the future performance of the person who committed the
13violation until compliance with the provisions of this Act has
14been obtained.
15(Source: P.A. 92-871, eff. 1-3-03.)
 
16    (225 ILCS 317/95)
17    Sec. 95. Penalty. Any person who violates this Act or any
18rule adopted by the Office State Fire Marshal, or who violates
19any determination or order of the Office State Fire Marshal
20under this Act shall be guilty of a Class A misdemeanor and
21shall be fined a sum not less than $100.
22    Each day's violation constitutes a separate offense. The
23State's Attorney of the county in which the violation occurred
24or the Attorney General shall bring such actions in the name of
25the people of the State of Illinois.

 

 

HB0798- 48 -LRB102 10413 SPS 15741 b

1(Source: P.A. 92-871, eff. 1-3-03.)
 
2    (225 ILCS 317/100)
3    Sec. 100. Administrative civil fines. The Office State
4Fire Marshal is empowered to assess administrative civil fines
5against a licensee for violations of this Act or its rules.
6These fines shall not be greater than $1,000 for each offense.
7These fines shall be in addition to, or in lieu of, license
8suspensions and revocations. Rules to implement this Section
9shall be adopted by the Office State Fire Marshal within 6
10months after the effective date of this Act.
11    The hearing officer shall, upon determination that a
12violation of the Act or rules has occurred, determine the
13amount of these fines. Any fine assessed and not paid within 60
14days after receiving notice of the fine from the Office State
15Fire Marshal may be submitted to the Attorney General's office
16for collection. Failure to pay a fine shall also be grounds for
17immediate suspension or revocation of a license issued under
18this Act.
19(Source: P.A. 92-871, eff. 1-3-03.)
 
20    (225 ILCS 317/105)
21    Sec. 105. Judicial review of final administrative
22decision. The Administrative Review Law and the rules adopted
23under the Administrative Review Law apply to and govern all
24proceedings for judicial review of final administrative

 

 

HB0798- 49 -LRB102 10413 SPS 15741 b

1decisions of the Office State Fire Marshal under this Act.
2Such judicial review shall be had in the circuit court of the
3county in which the cause of the action arose. The term
4"administrative decision" is defined in Section 3-101 of the
5Code of Civil Procedure.
6(Source: P.A. 92-871, eff. 1-3-03.)
 
7    (225 ILCS 317/110)
8    Sec. 110. Illinois Administrative Procedure Act. The
9provisions of the Illinois Administrative Procedure Act are
10hereby expressly adopted and shall apply to all administrative
11rules and procedures of the Office State Fire Marshal under
12this Act, except that, in the case of conflict between the
13Illinois Administrative Procedure Act and this Act, the
14provisions of this Act shall control, and except that Section
155-35 of the Illinois Administrative Procedure Act relating to
16procedures for rule-making does not apply to the adoption of
17any rule required by federal law in connection with which the
18Office State Fire Marshal is precluded by law from exercising
19any discretion.
20(Source: P.A. 92-871, eff. 1-3-03.)
 
21    (225 ILCS 317/120)
22    Sec. 120. Grandfather clause. Any person or business that,
23as of January 3, 2003 was the effective date of this Act, is
24installing or repairing fire sprinkler systems in the State of

 

 

HB0798- 50 -LRB102 10413 SPS 15741 b

1Illinois and had has a minimum of 3 years of experience in
2installing or repairing fire sprinkler systems before January
33, 2003 is exempt from having a designated certified person as
4required in Section 20. A fire sprinkler contractor that is
5exempt from having a designated certified person shall have a
6responsible managing employee.
7    However, beginning July 1, 2021, no person or business
8organization shall be issued an initial fire sprinkler
9contractor license using such exemption.
10(Source: P.A. 92-871, eff. 1-3-03.)
 
11    (225 ILCS 317/25 rep.)
12    Section 10. The Fire Sprinkler Contractor Licensing Act is
13amended by repealing Section 25.
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law, except that the provisions adding Sections 18,
1619, and 21 to the Fire Sprinkler Contractor Licensing Act take
17effect January 1, 2024.

 

 

HB0798- 51 -LRB102 10413 SPS 15741 b

1 INDEX
2 Statutes amended in order of appearance
3    225 ILCS 317/5
4    225 ILCS 317/10
5    225 ILCS 317/11 new
6    225 ILCS 317/12
7    225 ILCS 317/14 new
8    225 ILCS 317/15
9    225 ILCS 317/16 new
10    225 ILCS 317/17 new
11    225 ILCS 317/18 new
12    225 ILCS 317/19 new
13    225 ILCS 317/20
14    225 ILCS 317/21 new
15    225 ILCS 317/22 new
16    225 ILCS 317/30
17    225 ILCS 317/31 new
18    225 ILCS 317/35
19    225 ILCS 317/40
20    225 ILCS 317/45
21    225 ILCS 317/50
22    225 ILCS 317/55
23    225 ILCS 317/60
24    225 ILCS 317/62 new
25    225 ILCS 317/65

 

 

HB0798- 52 -LRB102 10413 SPS 15741 b

1    225 ILCS 317/70
2    225 ILCS 317/75
3    225 ILCS 317/80
4    225 ILCS 317/85
5    225 ILCS 317/90
6    225 ILCS 317/95
7    225 ILCS 317/100
8    225 ILCS 317/105
9    225 ILCS 317/110
10    225 ILCS 317/120
11    225 ILCS 317/25 rep.