Rep. Robert Rita

Filed: 3/15/2011





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2    AMENDMENT NO. ______. Amend House Bill 1279 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Fire Sprinkler Contractor Licensing Act is
5amended by changing Sections 15, 30, and 35 as follows:
6    (225 ILCS 317/15)
7    Sec. 15. Licensing requirements.
8    (a) It shall be unlawful for any person or business to
9engage in, advertise, or hold itself out to be in the business
10of installing or repairing fire sprinkler systems in this State
11after 6 months after the effective date of this Act, unless
12such person or business is licensed by the State Fire Marshal.
13This license must be renewed every year.
14    (b) In order to obtain a license, a person or business must
15submit an application to the State Fire Marshal, on a form
16provided by the State Fire Marshal containing the information



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



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1application shall state the name of the partnership and its
2partners, the name of the corporation and its officers and
3directors, the name of the business trust and its trustees, or
4the name of such other legal entity and its members and shall
5furnish evidence of statutory compliance if a fictitious name
6is used. Such application shall also show that the business
7entity employs a designated certified person as required under
8Section 20. The license, when issued upon application of a
9business organization, shall be in the name of the business
10organization and the name of the qualifying designated
11certified person shall be noted thereon.
12    (i) No license is required for a person or business that is
13engaged in the installation of fire sprinkler systems only in
14single family or multiple family residential dwellings up to
15and including 8 family units that do not exceed 2 1/2 stories
16in height from the lowest grade level.
17    (j) All fire protection system layout documents of fire
18sprinkler systems, as defined in Section 10 of this Act, shall
19be prepared by (i) a professional engineer who is licensed
20under the Professional Engineering Practice Act of 1989, (ii)
21an architect who is licensed under the Illinois Architecture
22Practice Act of 1989, or (iii) a holder of a valid NICET level
233 or 4 certification in fire protection technology automatic
24sprinkler system layout who is either licensed under this Act
25or employed by an organization licensed under this Act.
26(Source: P.A. 94-367, eff. 1-1-06.)



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1    (225 ILCS 317/30)
2    Sec. 30. Requirements for the installation, repair,
3inspection, and testing of fire protection systems.
4    (a) Equipment shall be listed by a nationally recognized
5testing laboratory, such as Underwriters Laboratories, Inc. or
6Factory Mutual Laboratories, Inc., or shall comply with
7nationally accepted standards. The State Fire Marshal shall
8adopt by rule procedures for determining whether a laboratory
9is nationally recognized, taking into account the laboratory's
10facilities, procedures, use of nationally recognized
11standards, and any other criteria reasonably calculated to
12reach an informed determination.
13    (b) Equipment shall be installed in accordance with the
14applicable standards of the National Fire Protection
15Association and the manufacturer's specifications.
16    (c) The contractor shall furnish the user with operating
17instructions for all equipment installed, together with a
18diagram of the final installation.
19    (d) All fire sprinkler systems shall have a backflow
20prevention device or, in a municipality with a population over
21500,000, a double detector check assembly installed by a
22licensed plumber before the fire sprinkler system connection to
23the water service. Connection to the backflow prevention device
24or, in a municipality with a population over 500,000, a double
25detector assembly shall be done in a manner consistent with the



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1Department of Public Health's Plumbing Code.
2    (e) This licensing Act is not intended to require any
3additional fire inspections at State level.
4    (f) Inspections and testing of existing fire sprinkler
5systems and control equipment must be performed by a licensee
6or an individual employed or contracted by a licensee. Any
7individual who performs inspection and testing duties under
8this subsection (f) must possess proof of (i) certification by
9a nationally recognized certification organization at an
10appropriate level, such as NICET Level II in Inspection and
11Testing of Water Based Systems or the equivalent, by January 1,
122009 or (ii) satisfactory completion of a certified sprinkler
13fitter apprenticeship program approved by the U.S. Department
14of Labor. State employees who perform inspections and testing
15on behalf of State institutions and who meet all other
16requirements of this subsection (f) need not be licensed under
17this Act or employed by a licensee under this Act in order to
18perform inspection and testing duties under this subsection
19(f). The requirements of this subsection (f) do not apply to
20individuals performing inspections or testing of fire
21sprinkler systems on behalf of a municipality, a county, a fire
22protection district, or the Office of the State Fire Marshal.
23This subsection (f) does not apply to cursory weekly and
24monthly inspections of gauges and control valves conducted in
25accordance with the standards of the National Fire Protection



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1    A copy of the inspection report for an inspection performed
2pursuant to this subsection (f) must be forwarded by the entity
3performing the inspection to the local fire department or fire
4protection district in which the sprinkler system is located.
5The inspection report must include the NICET Level II
6Inspection and Testing of Water Based Systems certification
7number or journeymen number of the person performing the
9(Source: P.A. 95-305, eff. 8-20-07; 96-256, eff. 1-1-10.)
10    (225 ILCS 317/35)
11    Sec. 35. Fees, renewals, continuing education, and
12required insurance.
13    (a) The fees for an original license and each renewal and
14for duplicate copies of licenses shall be determined by the
15State Fire Marshal by rule.
16    (b) Each license must be renewed every 2 years. Each
17licensee must complete 16 hours of continuing education in the
182-year period following his or her renewal or initial licensure
19after the effective date of this amendatory Act of the 97th
20General Assembly. Current licensure as a professional engineer
21or proof of current NICET certification in Level III or IV
22shall satisfy this requirement for designated certified
23persons. Continuing education offered through nationally
24recognized building and fire code organizations and their
25affiliates; nationally recognized fire sprinkler organizations



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



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1which provides primary, first dollar public liability coverage
2of the applicant or licensee for personal injuries for not less
3than $500,000 per person or $1,000,000 per occurrence, and, in
4addition, for not less than $1,000,000 per occurrence for
5property damage. The insurance policy shall be in effect at all
6times during the license year and a new certificate of
7insurance shall be filed with the State Fire Marshal within 30
8days after the renewal of the insurance policy.
9(Source: P.A. 92-871, eff. 1-3-03.)
10    Section 99. Effective date. This Act takes effect upon
11becoming law.".