(225 ILCS 317/1)
Sec. 1.
Short title.
This Act may be cited as the Fire Sprinkler Contractor Licensing Act.
(Source: P.A. 92-871, eff. 1-3-03.)
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(225 ILCS 317/5)
Sec. 5. Legislative intent. It is declared that within the State of
Illinois the improper service of fire
sprinkler systems and associated components
creates conditions that may adversely affect the public health and general
welfare. Therefore, the
purpose of this Act is to protect, promote, and preserve the public health and
general welfare by
providing for the State administrative control, supervision, licensure, and regulation of persons involved in the service of fire sprinkler systems, ensuring that those who hold themselves out as possessing professional qualifications to engage in service of fire sprinkler systems are qualified to render service, and providing for the high standards of professional conduct by those licensed to service fire sprinkler systems. This Act shall be liberally construed to promote the public interest and to accomplish the purpose stated in this Section.
(Source: P.A. 102-612, eff. 8-27-21.)
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(225 ILCS 317/10) (Text of Section before amendment by P.A. 103-761) Sec. 10. Definitions. As used in this Act, unless the context otherwise
requires: "Designated certified person" means an individual who has met the
qualifications set forth
under Section 20. "Fire protection system layout documents" means layout drawings, catalog information on standard products, and other construction data that provide detail on the location of risers, cross mains, branch lines, sprinklers, piping per applicable standard, and hanger locations. "Fire protection system layout documents" serve as a guide for fabrication and installation of a fire sprinkler system and shall be based upon applicable standards pursuant to Section 30.
"Fire sprinkler contractor" means a person who holds himself or herself out
to
be in the
business of providing service for a fire sprinkler system or contracts with a person to provide service for a fire sprinkler
system. "Fire sprinkler contractor license" means a license issued to a qualified fire sprinkler contractor. "Fire sprinkler inspector" means an individual who is qualified to perform routine inspection or testing of fire sprinkler systems pursuant to Section 17 and who is employed or contracted by a fire sprinkler contractor. "Fire sprinkler inspector license" means a license issued to a qualified fire sprinkler inspector. "Fire sprinkler system" means any water-based automatic fire extinguishing
system employing
fire sprinklers, including accessory fire pumps and associated piping, fire
standpipes, or
underground fire main systems starting at the
connection to the water service after the approved backflow
device
is installed under the requirements of the Illinois Plumbing Code and ending at
the most
remote fire sprinkler. "Fire sprinkler system" includes but is not
limited to a fire sprinkler
system in a residential, commercial, institutional, educational, public, or
private occupancy.
"Fire sprinkler system" does not include single sprinkler heads that are in
a loop of the potable water system, as referenced in 77 Ill. Adm. Code 890.1130
and 890.1200. "Licensee" means a person or business organization licensed in accordance
with this Act. "NICET" means the National Institute for Certification in Engineering
Technologies. "Office" means the Office of the State Fire Marshal. "Person" means an individual, group of individuals, association, trust,
partnership,
corporation, limited liability company, firm, business, person doing business under an assumed name, the State of
Illinois, or department
thereof, any other state-owned and operated institution, or any other entity. "Responsible managing employee" means the individual designated by the fire sprinkler contractor that is not required to have a designated certified person under Section 120. "Routine inspection or testing" means inspection or testing to verify the condition of an existing fire sprinkler system at predetermined intervals in accordance with the standards of the National Fire Protection Association. "Rules" means the rules adopted pursuant to this Act. "Service" means work on a fire sprinkler system, including, but not limited to, installation, repair, inspection, testing, and maintenance, within the scope of this Act. "Standards" means those standards or codes referenced in this Act or its rules. "Supervision" means the direction and management by a designated certified
person or responsible managing employee of the
activities of non-certified personnel in the service of fire
sprinkler systems.(Source: P.A. 102-612, eff. 8-27-21.) (Text of Section after amendment by P.A. 103-761) Sec. 10. Definitions. As used in this Act, unless the context otherwise requires: "Designated certified person" means an individual who has met the qualifications set forth under Section 20. "Fire protection system layout documents" means layout drawings, catalog information on standard products, and other construction data that provide detail on the location of risers, cross mains, branch lines, sprinklers, piping per applicable standard, and hanger locations. "Fire protection system layout documents" serve as a guide for fabrication and installation of a fire sprinkler system and shall be based upon applicable standards pursuant to Section 30. "Fire sprinkler contractor" means a person who holds himself or herself out to be in the business of providing service for a fire sprinkler system or contracts with a person to provide service for a fire sprinkler system. "Fire sprinkler contractor license" means a license issued to a qualified fire sprinkler contractor. "Fire sprinkler inspector" means an individual who is qualified to perform routine inspection or testing of fire sprinkler systems pursuant to Section 17 and who is employed by a single fire sprinkler contractor at a time to perform fire sprinkler inspections. "Fire sprinkler inspector license" means a license issued to a qualified fire sprinkler inspector. "Fire sprinkler system" means any water-based automatic fire extinguishing system employing fire sprinklers, including accessory fire pumps and associated piping, fire standpipes, or underground fire main systems starting at the connection to the water service after the approved backflow device is installed under the requirements of the Illinois Plumbing Code and ending at the most remote fire sprinkler. "Fire sprinkler system" includes but is not limited to a fire sprinkler system in a residential, commercial, institutional, educational, public, or private occupancy. "Fire sprinkler system" does not include single sprinkler heads that are in a loop of the potable water system, as referenced in 77 Ill. Adm. Code 890.1130 and 890.1200. "Licensee" means a person or business organization licensed in accordance with this Act. "NICET" means the National Institute for Certification in Engineering Technologies. "Office" means the Office of the State Fire Marshal. "Person" means an individual, group of individuals, association, trust, partnership, corporation, limited liability company, firm, business, person doing business under an assumed name, the State of Illinois, or department thereof, any other state-owned and operated institution, or any other entity. "Responsible managing employee" means the individual designated by the fire sprinkler contractor that is not required to have a designated certified person under Section 120. "Routine inspection or testing" means inspection or testing to verify the condition of an existing fire sprinkler system at predetermined intervals in accordance with the standards of the National Fire Protection Association. "Rules" means the rules adopted pursuant to this Act. "Service" means work on a fire sprinkler system, including, but not limited to, installation, repair, inspection, testing, and maintenance, within the scope of this Act. "Standards" means those standards or codes referenced in this Act or its rules. "Supervision" means the direction and management by a designated certified person or responsible managing employee of the activities of non-certified personnel in the service of fire sprinkler systems.(Source: P.A. 102-612, eff. 8-27-21; 103-761, eff. 1-1-25.) |
(225 ILCS 317/12)
Sec. 12. Licenses; enforcement; failure to pay tax. No person shall act
as
a licensee, or
advertise or
assume to act as such, or use any title implying that such person
is engaged in such practice or occupation unless licensed by the Office.
No person shall act as an
agency licensed under this Act, or advertise or assume to act as such,
or use any title implying that the person
is engaged in such practice, unless licensed by the Office.
The Office, in the name of the People and through the Attorney
General, the
State's Attorney of any county, any resident of the State, or any legal
entity within the State may apply for injunctive relief in any court to enjoin
any person who has not been issued a license or whose license
has been suspended, revoked, or not renewed from practicing
a licensed activity, and upon the filing of a verified petition,
the court, if satisfied by affidavit or otherwise, that such person
is or has been practicing in violation
of this Act may enter a temporary restraining order
or preliminary injunction, without bond, enjoining
the defendant from such further activity. A copy of the verified complaint
shall be served upon the defendant and the proceedings shall thereafter
be conducted as in other civil cases. If it is established that
the defendant
has been or is practicing in violation of this Act, the court may enter
a judgment perpetually enjoining the defendant
from such further activity.
In case of violation of any injunctive order or judgment entered under the
provisions of this
Section, the court may summarily try and, if found in violation of the injunctive order, punish the
offender for contempt of court. Such injunctive proceeding shall be in
addition to all penalties and other remedies in this Act.
The Office may refuse to issue a license to, or may suspend the
license
of, any person who fails to file a return, to pay the tax, penalty, or
interest shown in a filed return, or to pay any final assessment of tax,
penalty, or interest, as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the requirements of any such
tax Act are satisfied.
(Source: P.A. 102-612, eff. 8-27-21.)
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(225 ILCS 317/14) Sec. 14. Fire protection system layout documents. All fire protection system layout documents of fire sprinkler systems shall be prepared by: (1) a professional engineer who is licensed under the Professional Engineering Practice Act of 1989, (2) an architect who is licensed under the Illinois Architecture Practice Act of 1989, or (3) a holder of a valid NICET Level III or IV certification in water-based fire protection systems layout who is either licensed under this Act or employed by an organization licensed under this Act.
(Source: P.A. 102-612, eff. 8-27-21.) |
(225 ILCS 317/15)
Sec. 15. Licensing requirements.
(a) It shall be unlawful for any person to engage in, advertise,
or hold
itself out to be
in the business of providing service for fire sprinkler systems in this State
unless such person is licensed by
the Office.
(b) Applications for initial licensure and renewal shall be made to the Office on forms or electronically as prescribed by the Office, and applicants shall pay the license fee.
(c) No license is required for a person or business that is
engaged in the installation of fire sprinkler systems only in single-family
or multiple-family residential dwellings up to and including 8
family units that do not exceed 2 1/2 stories in height from the lowest grade
level.
(Source: P.A. 102-612, eff. 8-27-21.)
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(225 ILCS 317/16) Sec. 16. Fire sprinkler contractor license. (a) A person applying for a fire sprinkler contractor license shall have a designated certified person who meets the requirements pursuant to Section 20 or a responsible managing employee pursuant to Section 120 employed at the business location. The designated certified person or responsible managing employee shall be identified on the license application. (b) A person applying for a fire sprinkler contractor license shall show proof of having liability and property damage insurance in such amounts and under such circumstances as may be determined by the Office. The amount of liability and property damage insurance, however, shall not be less than the amount specified in Section 35. (c) A person applying for a fire sprinkler contractor license shall show proof of having workers' compensation insurance covering its employees or be approved as a self-insurer of workers' compensation in accordance with the laws of this State. (d) A fire sprinkler contractor licensee shall have a separate license for each business location within the State or outside the State when the business location is responsible for any installation, repair, inspection, testing, maintenance, or service of fire sprinkler systems performed within the State. (e) When an individual proposes to do business in his or her own name, a license, when granted, shall be issued only to that individual. (f) If the applicant requesting licensure to engage in contracting is a business organization, such as a partnership, corporation, business trust, or other legal entity, the application shall state the name of the partnership and its partners, the name of the corporation and its officers and directors, the name of the business trust and its trustees, or the name of the other legal entity and its members and shall furnish evidence of statutory compliance if a fictitious name is used. Application for a fire sprinkler contractor license shall also show that the business entity employs a designated certified person or responsible managing employee. The license, when issued upon application of a business organization, shall be in the name of the business organization and the name of the qualifying designated certified person or responsible managing employee shall be noted on the license. Changes to the information required in this Section shall be reported to the Office within 30 days after the change. (g) Each fire sprinkler contractor shall be subject to requirements for license renewal and continuing education under Section 35.
(Source: P.A. 102-612, eff. 8-27-21.) |
(225 ILCS 317/17) (Text of Section before amendment by P.A. 103-761) Sec. 17. Fire sprinkler inspector license; application; minimum qualifications for routine inspection or testing. (a) Any individual who performs routine inspection or testing of any fire sprinkler system under this Act shall: (i) be employed by a licensed fire sprinkler contractor; and (ii) meet the minimum qualifications of this Section except where the individual is exempted by subsection (c). Beginning January 1, 2024, any individual who performs routine inspection or testing of any fire sprinkler system under this 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. A person applying for an initial fire sprinkler inspector license or renewing a fire sprinkler inspector license shall demonstrate to the Office proof of minimum qualifications as required by subsection (b) of this Section, except where the individual is exempted by subsection (c). (b) Any individual who performs routine inspection or testing of any fire sprinkler system under this Act shall possess proof of: (1) current certification by a nationally | ||
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(2) current ASSE 15010 certification in inspection, | ||
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(3) satisfactory completion of a certified sprinkler | ||
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(c) The following are exemptions to the licensing requirements of this Section: (1) State employees who perform routine inspection or | ||
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(2) The requirements of this Section do not apply to | ||
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(3) The requirements of this Section do not apply to | ||
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(d) Each fire sprinkler inspector shall be subject to the requirements for license renewal and continuing education under Section 35.(Source: P.A. 102-612, eff. 8-27-21.) (Text of Section after amendment by P.A. 103-761) Sec. 17. Fire sprinkler inspector license; application; minimum qualifications for routine inspection or testing. (a) Any individual who performs routine inspection or testing of any fire sprinkler system under this Act shall: (i) be employed by a single licensed fire sprinkler contractor at a time to perform fire sprinkler inspections; and (ii) meet the minimum qualifications of this Section except where the individual is exempted by subsection (c). Beginning January 1, 2024, any individual who performs routine inspection or testing of any fire sprinkler system under this 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. A person applying for an initial fire sprinkler inspector license or renewing a fire sprinkler inspector license shall demonstrate to the Office proof of minimum qualifications as required by subsection (b) of this Section, except where the individual is exempted by subsection (c). (b) Any individual who performs routine inspection or testing of any fire sprinkler system under this Act shall possess proof of: (1) current certification by a nationally recognized | ||
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(2) current ASSE 15010 certification in inspection, | ||
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(3) satisfactory completion of a certified sprinkler | ||
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(c) The following are exemptions to the licensing requirements of this Section: (1) State employees who perform routine inspection or | ||
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(2) The requirements of this Section do not apply to | ||
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(3) The requirements of this Section do not apply to | ||
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(d) Each fire sprinkler inspector shall be subject to the requirements for license renewal and continuing education under Section 35. (e) Nothing in this Act shall be construed to prohibit an individual who is licensed as a fire sprinkler inspector from being employed by another employer or self-employed to perform duties that would not require a fire sprinkler inspector license. (Source: P.A. 102-612, eff. 8-27-21; 103-761, eff. 1-1-25.) |
(225 ILCS 317/20)
Sec. 20. Designated certified person requirements; change of a designated certified person.
(a) A designated certified person shall either be a current Illinois licensed
professional
engineer pursuant to the Professional Engineering Practice Act of 1989 or hold a valid NICET Level III or higher certification in water-based fire protection systems layout.
(b) At least one member of every firm, association, or partnership and at
least one
officer of every corporation engaged in the service
of fire
sprinkler systems shall be a designated certified person.
(c) A designated certified person shall be employed by the fire sprinkler contractor at each
business location with
a valid license.
(d) A designated certified person shall perform his or her normal duties at a
business location with
a valid license.
(e) A designated certified person may only be the designated certified
person for one business
location and one business entity.
(f) A designated certified person shall be directly involved in supervision.
The designated certified person does not, however, have to be at the site of
the service
of the fire sprinkler system at all times.
(g) A designated certified person shall provide an affirmative statement acknowledging his or her role as the designated certified person for the fire sprinkler contractor. (h) When a fire sprinkler contractor is without a designated certified person, the fire sprinkler contractor shall notify the Office in writing within 30 days and shall employ a designated certified person no later than 180 days from the time the position of designated certified person becomes vacant. Failing to fill the vacant position shall cause the fire sprinkler contractor license to expire without further operation of law.(Source: P.A. 102-612, eff. 8-27-21.)
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(225 ILCS 317/22) Sec. 22. Licenses; photo exemption. An applicant who is 21 years of age or older seeking a religious exemption to the requirement under this Act that all licenses contain the licensees' photo shall furnish with his or her application an approved copy of United States Department of the Treasury Internal Revenue Service Form 4029. Regardless of age, an applicant seeking a religious exemption to this photo requirement shall submit fingerprints in a form and manner prescribed by the Office with his or her application in lieu of a photo.
(Source: P.A. 102-612, eff. 8-27-21.) |
(225 ILCS 317/25)
Sec. 25. (Repealed).
(Source: P.A. 92-871, eff. 1-3-03. Repealed by P.A. 102-612, eff. 8-27-21.)
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(225 ILCS 317/30)
Sec. 30. Requirements for the service of fire sprinkler
systems. (a) Equipment shall be listed by a nationally recognized testing laboratory,
such as
Underwriters Laboratories, Inc. or Factory Mutual Laboratories, Inc., or shall
comply with nationally
accepted standards. The Office shall adopt by rule procedures for
determining
whether a laboratory is
nationally recognized, taking into account the laboratory's facilities,
procedures, use of nationally
recognized standards, and any other criteria reasonably calculated to reach an
informed
determination.
(b) Service for equipment shall be provided in accordance with the applicable standards as adopted in the rules
and the manufacturer's specifications.
(c) The contractor shall furnish the user with operating instructions for
all equipment
installed, together with as-built plans of the final installation.
(d) All fire sprinkler systems shall have a backflow prevention device or,
in a municipality with a population over 500,000, a double detector check
assembly installed by a licensed plumber before the fire sprinkler system
connection to the water service. Connection to the backflow prevention device
or, in a municipality with a population over 500,000, a double detector
assembly shall be done in a manner consistent with the Department of Public
Health's Plumbing Code.
(e) (Blank).
(f) Routine inspection or testing of existing fire sprinkler systems and control equipment shall be performed by an individual qualified under Section 17. A copy of the inspection report for routine inspection or testing of a fire sprinkler system shall be sent to the local fire jurisdiction as provided by Section 31.
(Source: P.A. 101-626, eff. 6-1-20; 102-612, eff. 8-27-21.)
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(225 ILCS 317/31) Sec. 31. Reporting of routine inspection or testing activity. A copy of the inspection report for routine inspection or testing of a fire sprinkler system provided by a fire sprinkler inspector shall be forwarded by the entity performing the routine inspection or testing to the local fire jurisdiction in which the fire sprinkler system is located within 20 business days after the routine inspection or testing or within the time frame required by the local fire jurisdiction, whichever is less. The report for routine inspection or testing shall include: (1) the name and license number of the individual or individuals who performed the routine inspection or testing; and (2) the name and license number of the fire sprinkler contractor by whom the individual or individuals are employed.
(Source: P.A. 102-612, eff. 8-27-21.) |
(225 ILCS 317/32) Sec. 32. Application for building permit; identity theft. A person who knowingly, in the course of applying for a building permit with a unit of local government, provides the license number of a fire sprinkler contractor whom he or she does not intend to have perform the work on the fire sprinkler portion of the project commits identity theft under paragraph (8) of subsection (a) of Section 16-30 of the Criminal Code of 2012.
(Source: P.A. 96-1455, eff. 8-20-10; 97-333, eff. 8-12-11; 97-597, eff. 1-1-12; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.) |
(225 ILCS 317/35)
Sec. 35. Fees, renewals, continuing education, and required insurance.
(a) The fees for an initial license and each renewal and for duplicate
copies of licenses
shall be determined by the Office by rule.
(b) Each license shall be renewed every 2 years. Each licensee shall complete at least 16 hours of continuing education in the 2-year period following the licensee's renewal or initial licensure, with at least 8 hours of continuing education completed during each year of the current license. To satisfy the continuing education requirement for fire sprinkler contractors, continuing education shall be completed by the designated certified person or responsible managing employee on behalf of the fire sprinkler contractor licensee. Current licensure as a professional engineer or proof of current NICET Level III or IV certification in water-based fire protection systems layout shall satisfy the continuing education requirement for designated certified persons. Continuing education offered through nationally recognized building and fire code organizations and their affiliates; nationally recognized fire sprinkler organizations and their affiliates; institutions of higher education; educational bodies specializing in automatic fire suppression system technology; as well as other entities approved by the Office shall be also acceptable. All continuing education entities seeking to be approved providers of continuing education shall make application to the Office and offer programs that: (1) contribute to the advancement, extension, or | ||
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(2) are developed and presented by persons with | ||
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(c) Any person who fails to file a renewal application by the date of
expiration of a license
shall be assessed a late filing fee, which shall be determined by the Office by rule.
(d) Any fee required by this
Act is not
refundable in the event that the initial application or application for
renewal is denied.
(e) Every application for an initial license or renewal of a fire sprinkler contractor license shall be accompanied by a
certificate of
insurance issued by an insurance company authorized to do business in the State
of Illinois or by a
risk retention or purchasing group formed pursuant to the federal Liability
Risk Retention Act of
1986, which provides primary, first dollar public liability coverage of the
applicant or licensee for
personal injuries for not less than $500,000 per person or $1,000,000 per
occurrence, and, in
addition, for not less than $1,000,000 per occurrence for property damage. The
insurance policy shall
be in effect at all times during the license year and a new certificate of insurance shall be filed
with the Office within 30 days after the renewal of the insurance
policy.
(Source: P.A. 102-612, eff. 8-27-21.)
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(225 ILCS 317/40)
Sec. 40. Deposit of fines and fees; appropriation. All administrative
civil fines and fees
collected pursuant to the Act shall be deposited into the Fire
Prevention Fund,
a special fund in the State treasury.
(Source: P.A. 102-612, eff. 8-27-21.)
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(225 ILCS 317/45)
Sec. 45. Home rule. A home rule unit may not regulate the service of fire sprinkler systems in a manner less restrictive than the
regulation by the State
on the service of fire sprinkler systems under this Act. This
Section is a
limitation under subsection (i) of Section 6 of Article VII of the Illinois
Constitution on
the concurrent exercise by home rule units of powers and functions exercised by
the
State.
The changes made to this Section by this amendatory Act of the 102nd General Assembly are intended to be a restatement and clarification of existing law. (Source: P.A. 102-612, eff. 8-27-21.)
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(225 ILCS 317/50)
Sec. 50. Powers and duties of the Office. The Office has all of the
following powers and duties:
(a) To prescribe and furnish application forms, | ||
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(b) To suspend, revoke, or refuse to issue or renew | ||
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(c) To conduct hearings concerning the suspension, | ||
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(d) To levy and collect fines pursuant to this Act.
(e) To adopt rules and incorporate standards | ||
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(f) To investigate applications, complaints, and | ||
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(g) To establish fee schedules for licenses. (h) To establish a database of licensed fire | ||
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(Source: P.A. 102-612, eff. 8-27-21.)
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(225 ILCS 317/55)
Sec. 55. Rules; public hearing. Subject to the requirement for public
hearings as provided
in this Section, the Office shall publish and adopt,
and may, from time to
time, amend such rules as may be necessary for the proper enforcement of this
Act, to protect the
health and safety of the public. The Office shall hold a public
hearing prior to the
adoption or amendment of rules required under this Act. The Office
may, when necessary,
utilize the services of any other State agency to assist in carrying out the
purposes of this Act.
(Source: P.A. 102-612, eff. 8-27-21.)
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(225 ILCS 317/60)
Sec. 60. Grounds for disciplinary action. The following constitute grounds for disciplinary
action by the Office:
(1) Violation of any provision of this Act or rules or standards adopted under this Act or its rules.
(2) Violation of the applicable building, fire, or life safety codes or laws of this State or any municipality or
county thereof.
(3) Diversion of funds or property received for prosecution or completion of a specified
construction project or operation when, as a result of the diversion, the contractor is, or will be,
unable to fulfill the terms of his or her obligation or contract.
(4) Any final disciplinary action by any municipality or county of this State, which action shall be
reviewed by the Office
before the Office takes any disciplinary action.
(5) Failure to supervise the service of the fire sprinkler system performed
by the contractor.
(6) Rendering a fire sprinkler system, standpipe system, or underground
water supply main
connecting to the system inoperative except when the fire sprinkler system,
standpipe system, or
underground water supply main is being serviced or pursuant
to court order.
(7) Improperly servicing a fire sprinkler
system, standpipe
system, or underground water supply main connecting to the system based upon applicable standards of this Act or as adopted by rule.
(8) Failing to provide proof of insurance to the Office or
failing to maintain in
force the insurance coverage required by this Act.
(9) Failing to obtain, retain, or maintain one or more of the qualifications
for a designated
certified person or responsible managing employee as specified in this Act.
(10) Making a material misstatement or misrepresentation or committing a
fraud in obtaining or
attempting to obtain a license.
(11) Failing to notify the Office, in writing, within 30 days
after a change of
residence address, principal business address, name, or designated certified person or responsible managing employee.
(12) Failure to supply within a reasonable time, upon request from the Office or
its authorized representative, true information regarding material used, work
performed, or other
information essential to the administration of this Act.
(13) Aiding or assisting a person to violate any provision of this Act or its rules, or
conspiring with any person
to violate any provision of this Act or its rules.
(14) Discipline by another U.S. jurisdiction if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth in this Section. (15) Improperly advertising services for installing, maintaining, servicing, repairing, testing, or inspecting a fire sprinkler system. (16) Making a material misstatement or misrepresentation or committing fraud in the installation, repair, inspection, testing, maintenance, or service of a fire sprinkler system, standpipe system, or underground water supply main connecting to the system. (17) Conviction by plea of guilty or nolo contendere, finding of guilt, jury verdict, or entry of judgment or by sentencing of any crime, including, but not limited to, convictions, preceding sentences of supervision, conditional discharge, or first offender probation, under the laws of any jurisdiction of the United States that is a felony or misdemeanor, an essential element of which is dishonesty, or that is directly related to the business practices or the installation, repair, inspection, testing, maintenance, or service of a fire sprinkler system, standpipe system, or underground water supply main connecting to the system. (18) Directly or indirectly willfully receiving compensation for any professional service related to the license, not properly or actually rendered, including inspections. (19) Permitting the use of a license issued under this Act to enable an unlicensed person or agency to operate as a licensee. (20) Use of a license or license number issued under this Act by an unlicensed person to operate as a licensee. (Source: P.A. 102-612, eff. 8-27-21.)
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(225 ILCS 317/62) Sec. 62. Unlicensed practice; violation; civil penalty. (a) Any person, entity, or business that offers fire sprinkler contractor services under this Act without being licensed or exempt under this Act shall, in addition to any other penalty provided by law, pay a civil penalty, which shall be deposited into the Fire Prevention Fund, in an amount not to exceed $10,000 for each offense, as determined by the Office. The civil penalty shall be assessed by the Office after a hearing is held in accordance with the provisions of this Act regarding the provision of a hearing for the discipline of a licensee. (b) Use of the title "fire sprinkler inspector" is limited to those individuals licensed under this Act. Any person who practices, offers to practice, attempts to practice, or holds himself or herself out to practice as a fire sprinkler inspector without being licensed or exempt under this Act shall, in addition to any other penalty provided by law, pay a civil penalty, which shall be deposited into the Fire Prevention Fund, in an amount not to exceed $10,000 for each offense, as determined by the Office. The civil penalty shall be assessed by the Office after a hearing is held in accordance with the provisions of this Act regarding the provision of a hearing for the discipline of a licensee. (c) The Office may investigate any actual, alleged, or suspected unlicensed activity. (d) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a final judgment and may be filed and execution had thereon in the same manner as any judgment from any court of record.
(Source: P.A. 102-612, eff. 8-27-21.) |
(225 ILCS 317/65)
Sec. 65. Notice; administrative action; suspension, revocation, or refusal to renew a license.
(a) Whenever the Office determines that there are reasonable
grounds to believe
that a licensee has violated a provision of this Act or the rules or standards adopted
under this Act or its rules, the Office
shall give notice of the alleged violation. The notice shall (i) be in writing and (ii) include a statement of the
alleged violation which
necessitates issuance of the notice. The
notice shall be deemed to
have been properly served upon the person when a copy of the notice has been
sent by registered or
certified mail to the person's last known address as furnished to the Office or when the person has been served the notice by any other method authorized by law.
(b) If the person to whom the notice is served does not abate the violation, the Office may proceed with action, including civil and administrative fines, penalties, suspension, revocation, and refusal
to issue or renew a license as provided in this Act.
(c) (Blank).
(d) In any proceeding to administratively fine, penalize, suspend, revoke, or refuse to issue or renew a license, the Office
shall first serve or cause to be served upon the person a written notice of
the Office's intent to take action. The notice shall specify the way in which the
person has failed to
comply with this Act or any other rules or standards of the Office. The notice shall be deemed to have been properly served upon the person when a copy of the notice has been sent by registered or certified mail to the person's last known address as furnished to the Office or when the person has been served the notice by any other method authorized by law.
(e) In the case of revocation or suspension, the notice shall require the person to remove or
abate the violation or objectionable condition specified in the notice within 10
days. The Office may specify a longer period of time as it deems necessary. If the
person fails to comply
with the terms and conditions of the revocation or suspension notice within the
time specified by the Office, the Office may summarily revoke or suspend the license.
(f) If the person has violated or fails to comply
with the Act or
rules or standards adopted under this Act or its rules, the Office may refuse
to issue or renew a license.
(Source: P.A. 102-612, eff. 8-27-21.)
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(225 ILCS 317/70)
Sec. 70. Administrative hearing. The Office shall give written
notice by
certified or registered mail to an applicant, licensee, or person of the Office's intent to
suspend, revoke, or refuse to issue or renew a license or to assess a fine.
Such person has a right to a
hearing before the Office. A written notice of a request for a
hearing shall be served on
the Office within 10 days of notice of the refusal, suspension, or
revocation of a
license or imposition of a fine. The hearing shall be conducted by the Office or a
hearing officer designated in writing by the Office. A stenographic
record shall be made
of the hearing and the cost of the hearing shall be borne by the Office. A transcript of
the hearing shall be made only upon request of the applicant, licensee, or person and
shall be transcribed at
the cost of that person.
(Source: P.A. 102-612, eff. 8-27-21.)
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(225 ILCS 317/75)
Sec. 75. Subpoena powers; administration of oath. The Office
or hearing officer
may compel by subpoena or subpoena duces tecum the attendance and testimony of
witnesses and the
production of books and papers. All subpoenas issued by the Office
or hearing officer
may be served as provided for in a civil action. The fees of witnesses for
attendance and travel
shall be the same as the fees for witnesses before the circuit court and shall
be paid by the party
at whose request the subpoena is issued. If such subpoena is issued at the
request of the Office, the witness fee shall be paid as an administrative expense.
In the case of refusal of a witness to attend or testify or to produce books
or papers
concerning any matter upon which he or she might be lawfully examined, the
circuit court of the
county where the hearing is held, upon application of any party to the
proceeding, may compel
obedience by a proceeding for contempt.
The Office or hearing officer has the authority to administer
oaths to witnesses.
(Source: P.A. 102-612, eff. 8-27-21.)
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(225 ILCS 317/80)
Sec. 80. Deposition of witnesses; testimony at hearing recorded. In the
event of the
inability of any party or the Office to procure the attendance of
witnesses to give
testimony or produce books and papers, the party or the Office may
take the deposition of
witnesses in accordance with the laws of this State. All testimony taken at a
hearing shall be
reduced to writing and all such testimony and other evidence introduced at the
hearing shall be a
part of the record of the hearing.
(Source: P.A. 102-612, eff. 8-27-21.)
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(225 ILCS 317/85)
Sec. 85. Certification of record. The Office is not required to
certify any
record or file any answer or otherwise appear in any proceeding for judicial
review unless the party
filing the complaint deposits with the clerk of the court the sum of one dollar
per page representing
the costs of the certification. Failure on the part of the plaintiff to make
the deposit shall be
grounds for dismissal of the action.
(Source: P.A. 102-612, eff. 8-27-21.)
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(225 ILCS 317/90)
Sec. 90. Injunction. Unlicensed, faulty, or noncompliant fire sprinkler installation, repair, inspection, testing, maintenance, and service is
declared a violation
of this Act and inimical to the public health, welfare, and safety and a
deceptive business practice. If any person violates the provisions of this Act, the Office may, in the name of the People of the State of Illinois, through the Attorney General, petition, in a circuit court of competent jurisdiction, for an order enjoining such violation or for an order enforcing compliance with this Act. Upon the filing of a verified petition in such court, the court may issue a temporary restraining order, without notice or bond, and may preliminarily and permanently enjoin such violation, and if it is established that such person has violated or is violating the injunction the court may punish the offender for contempt of court. Proceedings under this Section shall be in addition to, and not in lieu of, all other remedies and penalties provided by this Act.
(Source: P.A. 102-612, eff. 8-27-21.)
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(225 ILCS 317/95)
Sec. 95. Penalty. Any person who violates this Act or any rule adopted by
the Office, or who violates any determination or order of the Office
under this Act shall be
guilty of a Class A misdemeanor and shall be fined a sum not less than $100.
Each day's violation constitutes a separate offense. The State's Attorney of
the county in
which the violation occurred or the Attorney General shall bring such actions
in the name of the
people of the State of Illinois.
(Source: P.A. 102-612, eff. 8-27-21.)
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(225 ILCS 317/100)
Sec. 100. Administrative civil fines. The Office is empowered
to assess
administrative civil fines against a licensee for violations of this Act or its
rules.
These fines shall not be greater than $1,000 for each offense. These fines
shall be in
addition to, or in lieu of,
license suspensions and revocations. Rules to implement this Section shall
be adopted by the Office.
The hearing officer shall, upon determination that a violation of the Act or
rules has
occurred, determine the amount of these fines. Any fine assessed and not paid
within 60 days after receiving
notice of the fine from the Office may be submitted to the Attorney
General's
office for collection.
Failure to pay a fine shall also be grounds for immediate suspension or
revocation of a license
issued under this Act.
(Source: P.A. 102-612, eff. 8-27-21.)
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(225 ILCS 317/105)
Sec. 105. Judicial review of final administrative decision. The
Administrative Review Law
and the rules adopted under the Administrative Review Law apply to and govern
all proceedings for
judicial review of final administrative decisions of the Office
under this Act. Such
judicial review shall be had in the circuit court of the county in which the
cause of the action
arose. The term "administrative decision" is defined in Section 3-101 of the
Code of Civil Procedure.
(Source: P.A. 102-612, eff. 8-27-21.)
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(225 ILCS 317/110)
Sec. 110. Illinois Administrative Procedure Act. The provisions of the
Illinois
Administrative Procedure Act are hereby expressly adopted and shall apply to
all administrative rules
and procedures of the Office under this Act, except that, in the
case of conflict between
the Illinois Administrative Procedure Act and this Act, the provisions of this
Act shall control, and
except that Section 5-35 of the Illinois Administrative Procedure Act relating
to procedures for
rule-making does not apply to the adoption of any rule required by federal law
in connection with
which the Office is precluded by law from exercising any
discretion.
(Source: P.A. 102-612, eff. 8-27-21.)
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(225 ILCS 317/115)
Sec. 115.
Severability clause.
If any part of this Act is adjudged
invalid, such
adjudication shall not affect the validity of the Act as a whole or of any
other
part.
(Source: P.A. 92-871, eff. 1-3-03.)
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(225 ILCS 317/116) Sec. 116. Exceptions. (a) The provisions of this Act do not apply to facilities licensed by the Nuclear Regulatory Commission under the provisions of 10 CFR 50 or 10 CFR 52 or their employees while engaged in the performance of their official duties. (b) The provisions of this Act do not apply to a professional engineer who is operating within the scope of the Professional Engineering Practice Act of 1989 or an architect who is operating within the scope of the Illinois Architecture Practice Act of 1989.
(Source: P.A. 102-612, eff. 8-27-21.) |
(225 ILCS 317/120)
Sec. 120. Grandfather clause. Any person or business that, as of January 3, 2003 was
installing or
repairing fire sprinkler systems in the State of Illinois and had a minimum of
3 years of experience
in installing or repairing fire sprinkler systems before January 3, 2003 is exempt from having a
designated certified
person as required in
Section 20. A fire sprinkler contractor that is exempt from having a designated certified person shall have a responsible managing employee. Beginning July 1, 2021, no person or business organization shall be issued an initial fire sprinkler contractor license using such exemption.
(Source: P.A. 102-612, eff. 8-27-21.)
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(225 ILCS 317/999)
Sec. 999.
Effective date.
This Act takes effect upon becoming law.
(Source: P.A. 92-871, eff. 1-3-03.)
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