Full Text of HB5511 101st General Assembly
HB5511 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB5511 Introduced , by Rep. Jim Durkin SYNOPSIS AS INTRODUCED: |
| 225 ILCS 317/5 | | 225 ILCS 317/10 | | 225 ILCS 317/20 | | 225 ILCS 317/30 | | 225 ILCS 317/35 | |
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Amends the Fire Sprinkler Contractor Licensing Act. Provides that a designated certified person may be trained by the fire pump equipment manufacturer and deemed to be a fire pump manufacturer's authorized representative. Provides that an individual who performs inspection and testing duties may be certified by a nationally recognized fire pump manufacturer. Defines "fire pump manufacturer's authorized representative". Makes other changes. Effective immediately. 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 5, 10, 20, 30, and 35 as follows:
| 6 | | (225 ILCS 317/5)
| 7 | | Sec. 5. Legislative intent. It is declared that within the | 8 | | State of
Illinois there are, and
may continue to be, locations | 9 | | where the improper installation or repair of fire
sprinkler | 10 | | systems
creates conditions that may adversely affect the public | 11 | | health and general
welfare. Therefore, the
purpose of this Act | 12 | | is to protect, promote, and preserve the public health and
| 13 | | general welfare by
providing for the establishment of minimum | 14 | | standards for licensure of fire
sprinkler installation
| 15 | | contractors and fire pump manufacturer's authorized | 16 | | representatives .
| 17 | | (Source: P.A. 92-871, eff. 1-3-03.)
| 18 | | (225 ILCS 317/10)
| 19 | | Sec. 10. Definitions. As used in this Act, unless the | 20 | | context otherwise
requires:
| 21 | | "Designated certified person" means an individual who has | 22 | | met the
qualifications set forth
under Section 20 of this Act.
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| 1 | | "Fire protection system layout documents" means layout | 2 | | drawings, catalog information on standard products, and other | 3 | | construction data that provide detail on the location of | 4 | | risers, cross mains, branch lines, sprinklers, piping per | 5 | | applicable standard, and hanger locations. "Fire protection | 6 | | system layout documents" serve as a guide for fabrication and | 7 | | installation of a fire sprinkler system and shall be based upon | 8 | | applicable standards pursuant to Section 30 of this Act.
| 9 | | "Fire pump manufacturer's authorized representative" means | 10 | | a person who is certified by the fire pump equipment | 11 | | manufacturer and holds himself or herself out to be in the | 12 | | business of or contracts with a person to perform inspection, | 13 | | testing, and maintenance on fire pump systems, including the | 14 | | pump, driver, controller, and related components. | 15 | | "Fire sprinkler contractor" means a person who holds | 16 | | himself or herself out
to
be in the
business of or contracts | 17 | | with a person to install or repair a fire sprinkler
system.
| 18 | | "Fire sprinkler system" means any water-based automatic | 19 | | fire extinguishing
system employing
fire sprinklers, including | 20 | | accessory fire pumps and associated piping, fire
standpipes, or
| 21 | | underground fire main systems starting at the
connection to the | 22 | | water service after the approved backflow
device
is installed | 23 | | under the requirements of the Illinois Plumbing Code and ending | 24 | | at
the most
remote fire sprinkler. "Fire sprinkler system" | 25 | | includes but is not
limited to a fire sprinkler
system in a | 26 | | residential, commercial, institutional, educational, public, |
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| 1 | | or
private occupancy.
"Fire sprinkler system" does not include | 2 | | single sprinkler heads that are in
a loop of the potable water | 3 | | system, as referenced in 77 Ill. Adm. Code 890.1130
and | 4 | | 890.1200.
| 5 | | "Licensee" means a person or business organization | 6 | | licensed in accordance
with this Act.
| 7 | | "NICET" means the National Institute for Certification in | 8 | | Engineering
Technologies.
| 9 | | "Person" means an individual, group of individuals, | 10 | | association, trust,
partnership,
corporation, person doing | 11 | | business under an assumed name, the State of
Illinois, or | 12 | | department
thereof, any other state-owned and operated | 13 | | institution, or any other entity.
| 14 | | "Supervision" means the direction and management by a | 15 | | designated certified
person of the
activities of non-certified | 16 | | personnel in the installation or repair of fire
sprinkler | 17 | | systems.
| 18 | | (Source: P.A. 94-367, eff. 1-1-06.)
| 19 | | (225 ILCS 317/20)
| 20 | | Sec. 20. Designated certified person requirements.
| 21 | | (a) A designated certified person must either be a current | 22 | | Illinois licensed
professional
engineer , or hold a valid NICET | 23 | | level 3 or higher certification in "fire
protection technology,
| 24 | | automatic sprinkler system layout" , or have been trained by the | 25 | | fire pump equipment manufacturer and is deemed to be a fire |
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| 1 | | pump manufacturer's authorized representative .
| 2 | | (b) At least one member of every firm, association, or | 3 | | partnership and at
least one
corporate officer of every | 4 | | corporation engaged in the installation and repair
of fire
| 5 | | sprinkler systems must be a designated certified person.
| 6 | | (c) A designated certified person must be employed by the | 7 | | licensee at a
business location with
a valid license.
| 8 | | (d) A designated certified person must perform his or her | 9 | | normal duties at a
business location with
a valid license.
| 10 | | (e) A designated certified person may only be the | 11 | | designated certified
person for one business
location and one | 12 | | business entity.
| 13 | | (f) A designated certified person must be directly involved | 14 | | in supervision.
The designated certified person does not, | 15 | | however, have to be at the site of
the
installation or repair | 16 | | of the fire sprinkler system at all times.
| 17 | | (Source: P.A. 92-871, eff. 1-3-03.)
| 18 | | (225 ILCS 317/30)
| 19 | | (Text of Section before amendment by P.A. 101-626 )
| 20 | | Sec. 30. Requirements for the installation, repair, | 21 | | inspection, and testing of fire protection
systems. | 22 | | (a) Equipment shall be listed by a nationally recognized | 23 | | testing laboratory,
such as
Underwriters Laboratories, Inc. or | 24 | | Factory Mutual Laboratories, Inc., or shall
comply with | 25 | | nationally
accepted standards. The State Fire Marshal shall |
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| 1 | | adopt by rule procedures for
determining
whether a laboratory | 2 | | is
nationally recognized, taking into account the laboratory's | 3 | | facilities,
procedures, use of nationally
recognized | 4 | | standards, and any other criteria reasonably calculated to | 5 | | reach an
informed
determination.
| 6 | | (b) Equipment shall be installed in accordance with the | 7 | | applicable standards
of the National
Fire Protection | 8 | | Association and the manufacturer's specifications.
| 9 | | (c) The contractor shall furnish the user with operating | 10 | | instructions for
all equipment
installed, together with a | 11 | | diagram of the final installation.
| 12 | | (d) All fire sprinkler systems shall have a backflow | 13 | | prevention device or,
in a municipality with a population over | 14 | | 500,000, a double detector check
assembly installed by a | 15 | | licensed plumber before the fire sprinkler system
connection to | 16 | | the water service. Connection to the backflow prevention device
| 17 | | or, in a municipality with a population over 500,000, a double | 18 | | detector
assembly shall be done in a manner consistent with the | 19 | | Department of Public
Health's Plumbing Code.
| 20 | | (e) This licensing Act is not intended to require any | 21 | | additional fire
inspections at State level.
| 22 | | (f) Inspections and testing of existing fire sprinkler | 23 | | systems and control equipment must be performed by a licensee | 24 | | or an individual employed or contracted by a licensee. Any | 25 | | individual who performs inspection and testing duties under | 26 | | this subsection (f) must possess proof of (i) certification by |
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| 1 | | a nationally recognized certification organization at an | 2 | | appropriate level, such as NICET Level II in Inspection and | 3 | | Testing of Water Based Systems or the equivalent, by January 1, | 4 | | 2009 , (ii) certification by a nationally recognized fire pump | 5 | | manufacturer, or (iii) (ii) satisfactory completion of a | 6 | | certified sprinkler fitter apprenticeship program approved by | 7 | | the U.S. Department of Labor. State employees who perform | 8 | | inspections and testing on behalf of State institutions and who | 9 | | meet all other requirements of this subsection (f) need not be | 10 | | licensed under this Act or employed by a licensee under this | 11 | | Act in order to perform inspection and testing duties under | 12 | | this subsection (f). The requirements of this subsection (f) do | 13 | | not apply to individuals performing inspections or testing of | 14 | | fire sprinkler systems on behalf of a municipality, a county, a | 15 | | fire protection district, or the Office of the State Fire | 16 | | Marshal. This subsection (f) does not apply to cursory
weekly | 17 | | and monthly inspections of gauges and control valves conducted | 18 | | in
accordance with the standards of the National Fire | 19 | | Protection Association.
| 20 | | A copy of the inspection report for an inspection performed | 21 | | pursuant to this subsection (f) must be forwarded by the entity | 22 | | performing the inspection to the local fire department or fire | 23 | | protection district in which the sprinkler system is located. | 24 | | The inspection report must include the NICET Level II | 25 | | Inspection and Testing of Water Based Systems certification | 26 | | number or journeymen number of the person performing the |
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| 1 | | inspection , or certificate from a nationally recognized fire | 2 | | pump manufacturer . | 3 | | (Source: P.A. 96-256, eff. 1-1-10; 97-112, eff. 7-14-11.)
| 4 | | (Text of Section after amendment by P.A. 101-626 )
| 5 | | Sec. 30. Requirements for the installation, repair, | 6 | | inspection, and testing of fire protection
systems. | 7 | | (a) Equipment shall be listed by a nationally recognized | 8 | | testing laboratory,
such as
Underwriters Laboratories, Inc. or | 9 | | Factory Mutual Laboratories, Inc., or shall
comply with | 10 | | nationally
accepted standards. The State Fire Marshal shall | 11 | | adopt by rule procedures for
determining
whether a laboratory | 12 | | is
nationally recognized, taking into account the laboratory's | 13 | | facilities,
procedures, use of nationally
recognized | 14 | | standards, and any other criteria reasonably calculated to | 15 | | reach an
informed
determination.
| 16 | | (b) Equipment shall be installed in accordance with the | 17 | | applicable standards
of the National
Fire Protection | 18 | | Association and the manufacturer's specifications.
| 19 | | (c) The contractor shall furnish the user with operating | 20 | | instructions for
all equipment
installed, together with a | 21 | | diagram of the final installation.
| 22 | | (d) All fire sprinkler systems shall have a backflow | 23 | | prevention device or,
in a municipality with a population over | 24 | | 500,000, a double detector check
assembly installed by a | 25 | | licensed plumber before the fire sprinkler system
connection to |
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| 1 | | the water service. Connection to the backflow prevention device
| 2 | | or, in a municipality with a population over 500,000, a double | 3 | | detector
assembly shall be done in a manner consistent with the | 4 | | Department of Public
Health's Plumbing Code.
| 5 | | (e) This licensing Act is not intended to require any | 6 | | additional fire
inspections at State level.
| 7 | | (f) Before January 1, 2022, inspection and testing of | 8 | | existing fire sprinkler systems and control equipment must be | 9 | | performed by a licensee or an individual employed or contracted | 10 | | by a licensee. Any individual who performs inspection and | 11 | | testing duties under this subsection (f) must possess proof of | 12 | | (i) certification by a nationally recognized certification | 13 | | organization at an appropriate level, such as NICET Level II in | 14 | | Inspection and Testing of Water Based Systems or the | 15 | | equivalent, (ii) a valid ASSE 15010 certification in | 16 | | "inspection, testing and maintenance for water-based fire | 17 | | protection systems", or (iii) satisfactory completion of a | 18 | | certified sprinkler fitter apprenticeship program approved by | 19 | | the U.S. Department of Labor. State employees who perform | 20 | | inspections and testing on behalf of State institutions and who | 21 | | meet all other requirements of this subsection (f) need not be | 22 | | licensed under this Act or employed by a licensee under this | 23 | | Act in order to perform inspection and testing duties under | 24 | | this subsection (f). The requirements of this subsection (f) do | 25 | | not apply to individuals performing inspections or testing of | 26 | | fire sprinkler systems on behalf of a municipality, a county, a |
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| 1 | | fire protection district, or the Office of the State Fire | 2 | | Marshal. This subsection (f) does not apply to a stationary | 3 | | engineer, operating engineer, or other individual employed on a | 4 | | full-time basis by the facility owner or owner's representative | 5 | | performing
weekly and monthly inspections and tests in
| 6 | | accordance with applicable National Fire Protection | 7 | | Association standards.
| 8 | | Before January 1, 2022, a copy of the inspection report for | 9 | | an inspection performed pursuant to this subsection (f) must be | 10 | | forwarded by the entity performing the inspection to the local | 11 | | fire department or fire protection district in which the | 12 | | sprinkler system is located. The inspection report must include | 13 | | the NICET Level II Inspection and Testing of Water Based | 14 | | Systems certification number, ASSE 15010 certification number | 15 | | for "inspection, testing and maintenance for water-based fire | 16 | | protection systems", or journeymen number of the person | 17 | | performing the inspection. | 18 | | After December 31, 2021, inspection and testing of existing | 19 | | fire sprinkler systems and control equipment must be performed | 20 | | by a licensee or an individual employed or contracted by a | 21 | | licensee. Any individual who performs inspection and testing | 22 | | duties under this subsection (f) must possess proof of (i) | 23 | | certification by a nationally recognized certification | 24 | | organization at an appropriate level, such as NICET Level III | 25 | | in Inspection and Testing of Water Based Systems or the | 26 | | equivalent, (ii) a valid ASSE 15010 certification in |
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| 1 | | "inspection, testing and maintenance for water-based fire | 2 | | protection systems", (iii) certification by a nationally | 3 | | recognized fire pump manufacturer, or (iv) (iii) satisfactory | 4 | | completion of a certified sprinkler fitter apprenticeship | 5 | | program approved by the United States Department of Labor. | 6 | | State employees who perform inspections and testing on behalf | 7 | | of State institutions and who meet all other requirements of | 8 | | this subsection (f) need not be licensed under this Act or | 9 | | employed by a licensee under this Act in order to perform | 10 | | inspection and testing duties under this subsection (f). The | 11 | | requirements of this subsection (f) do not apply to individuals | 12 | | performing inspections or testing of fire sprinkler systems on | 13 | | behalf of a municipality, a county, a fire protection district, | 14 | | or the Office of the State Fire Marshal. This subsection (f) | 15 | | does not apply to a stationary engineer, operating engineer, or | 16 | | other individual employed on a full-time basis by the facility | 17 | | owner or owner's representative performing
weekly and monthly | 18 | | inspections and tests in
accordance with applicable National | 19 | | Fire Protection Association standards. | 20 | | After December 31, 2021, a copy of the inspection report | 21 | | for an inspection performed pursuant to this subsection (f) | 22 | | must be forwarded by the entity performing the inspection to | 23 | | the local fire department or fire protection district in which | 24 | | the sprinkler system is located. The inspection report must | 25 | | include the NICET Level III Inspection and Testing of Water | 26 | | Based Systems certification number, ASSE 15010 certification |
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| 1 | | number for "inspection, testing and maintenance for | 2 | | water-based fire protection systems", or journeymen number of | 3 | | the person performing the inspection , or certificate from a | 4 | | nationally recognized fire pump manufacturer . | 5 | | (Source: P.A. 101-626, eff. 6-1-20.)
| 6 | | (225 ILCS 317/35)
| 7 | | Sec. 35. Fees, renewals, continuing education, and | 8 | | required insurance.
| 9 | | (a) The fees for an original license and each renewal and | 10 | | for duplicate
copies of licenses
shall be determined by the | 11 | | State Fire Marshal by rule.
| 12 | | (b) Each license must be renewed every 2 years. Each | 13 | | licensee must complete 16 hours of continuing education in the | 14 | | 2-year period following his or her renewal or initial licensure | 15 | | after the effective date of this amendatory Act of the 97th | 16 | | General Assembly. Current licensure as a professional | 17 | | engineer , certification by a nationally recognized fire pump | 18 | | manufacturer, or proof of current NICET certification in Level | 19 | | III or IV shall satisfy this requirement for designated | 20 | | certified persons. Continuing education offered through | 21 | | nationally recognized building and fire code organizations and | 22 | | their affiliates; nationally recognized fire sprinkler | 23 | | organizations and their affiliates; institutions of higher | 24 | | education; educational bodies specializing in automatic fire | 25 | | suppression system technology; fire pump equipment |
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| 1 | | manufacturers; as well as other entities approved by the State | 2 | | Fire Marshal shall be also acceptable. All continuing education | 3 | | entities seeking to be approved providers of continuing | 4 | | education shall make application to the State Fire Marshal and | 5 | | offer programs that: | 6 | | (1) contribute to the advancement, extension, or | 7 | | enhancement of the professional skills or technical | 8 | | knowledge of the licensee in the practice of fire sprinkler | 9 | | contracting; and | 10 | | (2) are developed and presented by persons with | 11 | | education or experience in the subject manner of the | 12 | | program. | 13 | | (c) Any person who fails to file a renewal application by | 14 | | the date of
expiration of a license
shall be assessed a late | 15 | | filing charge, which shall be determined by the State
Fire | 16 | | Marshal by rule.
| 17 | | (d) All fees shall be paid by check or money order. Any fee | 18 | | required by this
Act is not
refundable in the event that the | 19 | | original application or application for
renewal is denied.
| 20 | | (e) Every application for an original license shall be | 21 | | accompanied by a
certificate of
insurance issued by an | 22 | | insurance company authorized to do business in the State
of | 23 | | Illinois or by a
risk retention or purchasing group formed | 24 | | pursuant to the federal Liability
Risk Retention Act of
1986, | 25 | | which provides primary, first dollar public liability coverage | 26 | | of the
applicant or licensee for
personal injuries for not less |
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| 1 | | than $500,000 per person or $1,000,000 per
occurrence, and, in
| 2 | | addition, for not less than $1,000,000 per occurrence for | 3 | | property damage. The
insurance policy shall
be in effect at all | 4 | | times during the license year and a new certificate of | 5 | | insurance shall be filed
with the State Fire Marshal within 30 | 6 | | days after the renewal of the insurance
policy.
| 7 | | (Source: P.A. 97-112, eff. 7-14-11.)
| 8 | | Section 95. No acceleration or delay. Where this Act makes | 9 | | changes in a statute that is represented in this Act by text | 10 | | that is not yet or no longer in effect (for example, a Section | 11 | | represented by multiple versions), the use of that text does | 12 | | not accelerate or delay the taking effect of (i) the changes | 13 | | made by this Act or (ii) provisions derived from any other | 14 | | Public Act.
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.
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