Full Text of HB5230 97th General Assembly
HB5230 97TH GENERAL ASSEMBLY |
| | 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 | |
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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.
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| | A BILL FOR |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Fire Sprinkler Contractor Licensing Act is | 5 | | amended 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 | 8 | | context otherwise
requires:
| 9 | | "Designated certified person" means an individual who has | 10 | | met the
qualifications set forth
under Section 20 of this Act.
| 11 | | "Fire protection system layout documents" means layout | 12 | | drawings, catalog information on standard products, and other | 13 | | construction data that provide detail on the location of | 14 | | risers, cross mains, branch lines, sprinklers, piping per | 15 | | applicable standard, and hanger locations. "Fire protection | 16 | | system layout documents" serve as a guide for fabrication and | 17 | | installation of a fire sprinkler system and shall be based upon | 18 | | applicable standards pursuant to Section 30 of this Act.
| 19 | | "Fire pump assembly" means the fire pumps, jockey pumps, | 20 | | and pump controllers but does not include the interconnected | 21 | | pipe, fittings, valves, and other similar parts attached to the | 22 | | automatic fire sprinkler system. | 23 | | "Fire sprinkler contractor" means a person who holds |
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| 1 | | himself or herself out
to
be in the
business of or contracts | 2 | | with a person to install or repair a fire sprinkler
system.
| 3 | | "Fire sprinkler system" means any water-based automatic | 4 | | fire extinguishing
system employing
fire sprinklers, including | 5 | | accessory fire pumps and associated piping, fire
standpipes, or
| 6 | | underground fire main systems starting at the
connection to the | 7 | | water service after the approved backflow
device
is installed | 8 | | under the requirements of the Illinois Plumbing Code and ending | 9 | | at
the most
remote fire sprinkler. "Fire sprinkler system" | 10 | | includes but is not
limited to a fire sprinkler
system in a | 11 | | residential, commercial, institutional, educational, public, | 12 | | or
private occupancy.
"Fire sprinkler system" does not include | 13 | | single sprinkler heads that are in
a loop of the potable water | 14 | | system, as referenced in 77 Ill. Adm. Code 890.1130
and | 15 | | 890.1200.
| 16 | | "Licensee" means a person or business organization | 17 | | licensed in accordance
with this Act.
| 18 | | "NICET" means the National Institute for Certification in | 19 | | Engineering
Technologies.
| 20 | | "Person" means an individual, group of individuals, | 21 | | association, trust,
partnership,
corporation, person doing | 22 | | business under an assumed name, the State of
Illinois, or | 23 | | department
thereof, any other state-owned and operated | 24 | | institution, or any other entity.
| 25 | | "Supervision" means the direction and management by a | 26 | | designated certified
person of the
activities of non-certified |
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| 1 | | personnel in the installation or repair of fire
sprinkler | 2 | | systems.
| 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 | 7 | | engage in, advertise,
or hold
itself out to be
in the business | 8 | | of installing or repairing fire sprinkler systems in this State
| 9 | | after 6 months after
the effective date of this Act, unless | 10 | | such person or business is licensed by
the State
Fire Marshal.
| 11 | | (b) In order to obtain a license, a person or business must | 12 | | submit an
application to the State
Fire Marshal, on a form | 13 | | provided by the State Fire Marshal containing the
information | 14 | | prescribed,
along with the application fee.
| 15 | | (c) A business applying for a license must have a | 16 | | designated certified person employed at the
business location | 17 | | and the designated certified person shall be identified on the | 18 | | license application.
| 19 | | (d) A person or business applying for a license must show | 20 | | proof of having liability and
property damage insurance in such | 21 | | amounts and under such circumstances as may
be determined by | 22 | | the
State Fire Marshal.
The amount of liability and property | 23 | | damage insurance, however, shall not be
less than
the amount | 24 | | specified in Section 35 of this Act.
| 25 | | (e) A person or business applying for a license must show |
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| 1 | | proof of having
workers' compensation
insurance covering its | 2 | | employees or be approved as a self-insurer of workers'
| 3 | | compensation in
accordance with the laws of this State.
| 4 | | (f) A person or business so licensed shall have a separate | 5 | | license for each
business location
within the State or outside | 6 | | the State when the business location is responsible
for any | 7 | | installation
or repair of fire sprinkler systems performed | 8 | | within the State.
| 9 | | (g) When an individual proposes to do business in her or | 10 | | his own name, a
license, when granted,
shall be issued only to | 11 | | that individual.
| 12 | | (h) If the applicant requesting licensure to engage in | 13 | | contracting is a
business organization,
such as a partnership, | 14 | | corporation, business trust, or other legal entity, the
| 15 | | application shall
state the name of the partnership and its | 16 | | partners, the name of the corporation
and its officers and
| 17 | | directors, the name of the business trust and its trustees, or | 18 | | the name of such
other legal entity
and its members and shall | 19 | | furnish evidence of statutory compliance if a
fictitious name | 20 | | is used. Such
application shall also show that the business | 21 | | entity employs a designated
certified person as
required under | 22 | | Section 20. The license, when issued upon application of a
| 23 | | business organization,
shall be in the name of the business | 24 | | organization and the name of the
qualifying designated | 25 | | certified
person shall be noted thereon.
| 26 | | (i) No license is required for a person or business that is
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| 1 | | engaged in the installation of fire sprinkler systems only in
| 2 | | single family or multiple family residential dwellings up to | 3 | | and including 8
family units that do not exceed 2 1/2 stories | 4 | | in height from the lowest grade
level.
| 5 | | (j) All fire protection system layout documents of fire | 6 | | sprinkler systems, as defined in Section 10 of this Act, shall | 7 | | be prepared by (i) a professional engineer who is licensed | 8 | | under the Professional Engineering Practice Act of 1989, (ii) | 9 | | an architect who is licensed under the Illinois Architecture | 10 | | Practice Act of 1989, or (iii) a holder of a valid NICET level | 11 | | 3 or 4 certification in fire protection technology automatic | 12 | | sprinkler system layout who is either licensed under this Act | 13 | | or employed by an organization licensed under this Act.
| 14 | | (k) A person or business that seeks a license renewal as a | 15 | | fire sprinkler contractor must provide evidence of at least one | 16 | | fire sprinkler permit legally issued to the person or business | 17 | | named on the application for each of the 2 prior calendar | 18 | | years. Permits must have been issued from a jurisdiction with | 19 | | legal standing and authority to issue permits for fire | 20 | | sprinkler system installation or modification, excluding work | 21 | | solely 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, | 25 | | inspection, and testing of fire protection
systems.
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| 1 | | (a) Equipment shall be listed by a nationally recognized | 2 | | testing laboratory,
such as
Underwriters Laboratories, Inc. or | 3 | | Factory Mutual Laboratories, Inc., or shall
comply with | 4 | | nationally
accepted standards. The State Fire Marshal shall | 5 | | adopt by rule procedures for
determining
whether a laboratory | 6 | | is
nationally recognized, taking into account the laboratory's | 7 | | facilities,
procedures, use of nationally
recognized | 8 | | standards, and any other criteria reasonably calculated to | 9 | | reach an
informed
determination.
| 10 | | (b) Equipment shall be installed in accordance with the | 11 | | applicable standards
of the National
Fire Protection | 12 | | Association and the manufacturer's specifications.
| 13 | | (c) The contractor shall furnish the user with operating | 14 | | instructions for
all equipment
installed, together with a | 15 | | diagram of the final installation.
| 16 | | (d) All fire sprinkler systems shall have a backflow | 17 | | prevention device or,
in a municipality with a population over | 18 | | 500,000, a double detector check
assembly installed by a | 19 | | licensed plumber before the fire sprinkler system
connection to | 20 | | the water service. Connection to the backflow prevention device
| 21 | | or, in a municipality with a population over 500,000, a double | 22 | | detector
assembly shall be done in a manner consistent with the | 23 | | Department of Public
Health's Plumbing Code.
| 24 | | (e) This licensing Act is not intended to require any | 25 | | additional fire
inspections at State level.
| 26 | | (f) Inspections and testing of existing fire sprinkler |
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| 1 | | systems and control equipment must be performed by a licensee | 2 | | or an individual employed or contracted by a licensee. Any | 3 | | individual who performs inspection and testing duties under | 4 | | this subsection (f) must possess proof of (i) certification by | 5 | | a nationally recognized certification organization at an | 6 | | appropriate level, such as NICET Level II in Inspection and | 7 | | Testing of Water Based Systems or the equivalent, by January 1, | 8 | | 2009 or (ii) satisfactory completion of a certified sprinkler | 9 | | fitter apprenticeship program approved by the U.S. Department | 10 | | of Labor. State employees who perform inspections and testing | 11 | | on behalf of State institutions and who meet all other | 12 | | requirements of this subsection (f) need not be licensed under | 13 | | this Act or employed by a licensee under this Act in order to | 14 | | perform inspection and testing duties under this subsection | 15 | | (f). The requirements of this subsection (f) do not apply to | 16 | | individuals performing inspections or testing of fire | 17 | | sprinkler systems on behalf of a municipality, a county, a fire | 18 | | protection district, or the Office of the State Fire Marshal. | 19 | | This subsection (f) does not apply to cursory
weekly and | 20 | | monthly inspections of gauges and control valves conducted in
| 21 | | accordance with the standards of the National Fire Protection | 22 | | Association and pump tests that are performed by individuals | 23 | | certified by the pump manufacturer .
| 24 | | A copy of the inspection report for an inspection performed | 25 | | pursuant to this subsection (f) must be forwarded by the entity | 26 | | performing the inspection to the local fire department or fire |
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| 1 | | protection district in which the sprinkler system is located. | 2 | | The inspection report must include the NICET Level II | 3 | | Inspection and Testing of Water Based Systems certification | 4 | | number or journeymen number of the person performing the | 5 | | inspection. | 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 | 9 | | renew a license.
| 10 | | (a) Whenever the State Fire Marshal determines that there | 11 | | are reasonable
grounds to believe
that a licensee has violated | 12 | | a provision of this Act or the rules adopted
under this Act, | 13 | | the
State Fire Marshal shall give notice of the alleged | 14 | | violation to the person
whom the license was
issued. The notice | 15 | | shall (i) be in writing; (ii) include a statement of the
| 16 | | alleged violation which
necessitates issuance of the notice; | 17 | | (iii) contain an outline of remedial
action that, if taken, | 18 | | will
effect compliance with the provisions of this Act and the | 19 | | rules adopted under
this Act; (iv)
prescribe a reasonable time, | 20 | | as determined by the State Fire Marshal, for the
performance of | 21 | | any
action required by the notice; and (v) be served upon the | 22 | | licensee. The
notice shall be deemed to
have been properly | 23 | | served upon the person when a copy of the notice has been
sent | 24 | | by registered or
certified mail to his or her last known | 25 | | address as furnished to the State Fire Marshal or when he or
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| 1 | | she has been served the notice by any other method authorized | 2 | | by law.
| 3 | | (b) If the person to whom the notice is served does not | 4 | | comply with the terms of the notice
within the time limitations | 5 | | specified in the notice, the State Fire Marshal may proceed | 6 | | with action
to suspend, revoke, or refuse to issue a license as | 7 | | provided in this Section.
| 8 | | (c) Other requirements of this Act notwithstanding, when | 9 | | the State Fire
Marshal
determines that reasonable grounds exist | 10 | | to indicate that a violation of this
Act has been committed
and | 11 | | the violation is the third separate violation by that person in | 12 | | an 18-month
period, the notice
requirement of subsection (a) of | 13 | | this Section is waived and the State Fire
Marshal may proceed
| 14 | | immediately with action to suspend, revoke, or refuse to issue | 15 | | a license.
| 16 | | (d) In any proceeding to suspend, revoke, or refuse to | 17 | | issue a license, the
State Fire Marshal
shall first serve or | 18 | | cause to be served upon the licensee a written notice of
the | 19 | | State Fire
Marshal's intent to take action. The notice shall | 20 | | specify the way in which the
person has failed to
comply with | 21 | | this Act or any other rules or standards of the State Fire | 22 | | Marshal.
| 23 | | (e) In the case of revocation or suspension, the notice | 24 | | shall require the person to remove or
abate the violation or | 25 | | objectionable condition specified in the notice within 5
days. | 26 | | The State Fire
Marshal may specify a longer period of time as |
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| 1 | | it deems necessary. If the
person fails to comply
with the | 2 | | terms and conditions of the revocation or suspension notice | 3 | | within the
time specified by the
State Fire Marshal, the State | 4 | | Fire Marshal may revoke or suspend the license.
| 5 | | (f) In the case of refusal to issue a license, if the | 6 | | person fails to comply
with the Act or
rules or standards | 7 | | promulgated under the Act, or after making a determination that | 8 | | the designated party has a history of acting illegally, | 9 | | fraudulently, incompetently, or with gross negligence, the | 10 | | State 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 | 13 | | becoming law.
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