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92_SB1622ren SB1622 Re-enrolled LRB9214855ACcd 1 AN ACT creating the Fire Sprinkler Contractor Licensing 2 Act. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 1. Short title. This Act may be cited as the 6 Fire Sprinkler Contractor Licensing Act. 7 Section 5. Legislative intent. It is declared that 8 within the State of Illinois there are, and may continue to 9 be, locations where the improper installation or repair of 10 fire sprinkler systems creates conditions that may adversely 11 affect the public health and general welfare. Therefore, the 12 purpose of this Act is to protect, promote, and preserve the 13 public health and general welfare by providing for the 14 establishment of minimum standards for licensure of fire 15 sprinkler installation contractors. 16 Section 10. Definitions. As used in this Act, unless the 17 context otherwise requires: 18 "Designated certified person" means an individual who has 19 met the qualifications set forth under Section 20 of this 20 Act. 21 "Fire sprinkler contractor" means a person who holds 22 himself or herself out to be in the business of or contracts 23 with a person to install or repair a fire sprinkler system. 24 "Fire sprinkler system" means any water-based automatic 25 fire extinguishing system employing fire sprinklers, 26 including accessory fire pumps and associated piping, fire 27 standpipes, or underground fire main systems starting at the 28 connection to the water service after the approved backflow 29 device is installed under the requirements of the Illinois 30 Plumbing Code and ending at the most remote fire sprinkler. SB1622 Re-enrolled -2- LRB9214855ACcd 1 "Fire sprinkler system" includes but is not limited to a fire 2 sprinkler system in a residential, commercial, institutional, 3 educational, public, or private occupancy. "Fire sprinkler 4 system" does not include single sprinkler heads that are in a 5 loop of the potable water system, as referenced in 77 Ill. 6 Adm. Code 890.1130 and 890.1200. 7 "Licensee" means a person or business organization 8 licensed in accordance with this Act. 9 "NICET" means the National Institute for Certification in 10 Engineering Technologies. 11 "Person" means an individual, group of individuals, 12 association, trust, partnership, corporation, person doing 13 business under an assumed name, the State of Illinois, or 14 department thereof, any other state-owned and operated 15 institution, or any other entity. 16 "Supervision" means the direction and management by a 17 designated certified person of the activities of 18 non-certified personnel in the installation or repair of fire 19 sprinkler systems. 20 Section 12. License; enforcement; failure to pay tax. 21 No person shall act as a fire sprinkler contractor, or 22 advertise or assume to act as such, or use any title implying 23 that such person is engaged in such practice or occupation 24 unless licensed by the State Fire Marshal. 25 No firm, association, or corporation shall act as an 26 agency licensed under this Act, or advertise or assume to act 27 as such, or use any title implying that the firm, 28 association, or corporation is engaged in such practice, 29 unless licensed by the State Fire Marshal. 30 The State Fire Marshal, in the name of the People and 31 through the Attorney General, the State's Attorney of any 32 county, any resident of the State, or any legal entity within 33 the State may apply for injunctive relief in any court to SB1622 Re-enrolled -3- LRB9214855ACcd 1 enjoin any person who has not been issued a license or whose 2 license has been suspended, revoked, or not renewed from 3 practicing a licensed activity, and upon the filing of a 4 verified petition, the court, if satisfied by affidavit or 5 otherwise, that such person is or has been practicing in 6 violation of this Act may enter a temporary restraining order 7 or preliminary injunction, without bond, enjoining the 8 defendant from such further activity. A copy of the verified 9 complaint shall be served upon the defendant and the 10 proceedings shall thereafter be conducted as in other civil 11 cases. If it is established that the defendant has been or 12 is practicing in violation of this Act, the court may enter a 13 judgment perpetually enjoining the defendant from such 14 further activity. In case of violation of any injunctive 15 order or judgment entered under the provisions of this 16 Section, the court may summarily try and punish the offender 17 for contempt of court. Such injunctive proceeding shall be 18 in addition to all penalties and other remedies in this Act. 19 The State Fire Marshal may refuse to issue a license to, 20 or may suspend the license of, any person who fails to file a 21 return, to pay the tax, penalty, or interest shown in a filed 22 return, or to pay any final assessment of tax, penalty, or 23 interest, as required by any tax Act administered by the 24 Illinois Department of Revenue, until such time as the 25 requirements of any such tax Act are satisfied. 26 Section 15. Licensing requirements. 27 (a) It shall be unlawful for any person or business to 28 engage in, advertise, or hold itself out to be in the 29 business of installing or repairing fire sprinkler systems in 30 this State after 6 months after the effective date of this 31 Act, unless such person or business is licensed by the State 32 Fire Marshal. This license must be renewed every year. 33 (b) In order to obtain a license, a person or business SB1622 Re-enrolled -4- LRB9214855ACcd 1 must submit an application to the State Fire Marshal, on a 2 form provided by the State Fire Marshal containing the 3 information prescribed, along with the application fee. 4 (c) A business applying for a license must have a 5 designated certified person employed at the business location 6 and the designated certified person shall be identified on 7 the license application. 8 (d) A person or business applying for a license must 9 show proof of having liability and property damage insurance 10 in such amounts and under such circumstances as may be 11 determined by the State Fire Marshal. The amount of 12 liability and property damage insurance, however, shall not 13 be less than the amount specified in Section 35 of this Act. 14 (e) A person or business applying for a license must 15 show proof of having workers' compensation insurance covering 16 its employees or be approved as a self-insurer of workers' 17 compensation in accordance with the laws of this State. 18 (f) A person or business so licensed shall have a 19 separate license for each business location within the State 20 or outside the State when the business location is 21 responsible for any installation or repair of fire sprinkler 22 systems performed within the State. 23 (g) When an individual proposes to do business in her or 24 his own name, a license, when granted, shall be issued only 25 to that individual. 26 (h) If the applicant requesting licensure to engage in 27 contracting is a business organization, such as a 28 partnership, corporation, business trust, or other legal 29 entity, the application shall state the name of the 30 partnership and its partners, the name of the corporation and 31 its officers and directors, the name of the business trust 32 and its trustees, or the name of such other legal entity and 33 its members and shall furnish evidence of statutory 34 compliance if a fictitious name is used. Such application SB1622 Re-enrolled -5- LRB9214855ACcd 1 shall also show that the business entity employs a designated 2 certified person as required under Section 20. The license, 3 when issued upon application of a business organization, 4 shall be in the name of the business organization and the 5 name of the qualifying designated certified person shall be 6 noted thereon. 7 (i) No license is required for a person or business that 8 is engaged in the installation of fire sprinkler systems only 9 in single family or multiple family residential dwellings up 10 to and including 8 family units that do not exceed 2 1/2 11 stories in height from the lowest grade level. 12 Section 20. Designated certified person requirements. 13 (a) A designated certified person must either be a 14 current Illinois licensed professional engineer or hold a 15 valid NICET level 3 or higher certification in "fire 16 protection technology, automatic sprinkler system layout". 17 (b) At least one member of every firm, association, or 18 partnership and at least one corporate officer of every 19 corporation engaged in the installation and repair of fire 20 sprinkler systems must be a designated certified person. 21 (c) A designated certified person must be employed by 22 the licensee at a business location with a valid license. 23 (d) A designated certified person must perform his or 24 her normal duties at a business location with a valid 25 license. 26 (e) A designated certified person may only be the 27 designated certified person for one business location and one 28 business entity. 29 (f) A designated certified person must be directly 30 involved in supervision. The designated certified person 31 does not, however, have to be at the site of the installation 32 or repair of the fire sprinkler system at all times. SB1622 Re-enrolled -6- LRB9214855ACcd 1 Section 25. Change of a designated certified person. 2 When a licensee is without a designated certified person, the 3 licensee shall notify the State Fire Marshal in writing 4 within 30 days and shall employ a designated certified person 5 no later than 180 days from the time the position of 6 designated certified person becomes vacant. Failing to fill 7 the vacant position shall cause the license of the person or 8 of the business organization to expire without further 9 operation of law. 10 Section 30. Requirements for the installation and repair 11 of fire protection systems. 12 (a) Equipment shall be listed by a nationally recognized 13 testing laboratory, such as Underwriters Laboratories, Inc. 14 or Factory Mutual Laboratories, Inc., or shall comply with 15 nationally accepted standards. The State Fire Marshal shall 16 adopt by rule procedures for determining whether a laboratory 17 is nationally recognized, taking into account the 18 laboratory's facilities, procedures, use of nationally 19 recognized standards, and any other criteria reasonably 20 calculated to reach an informed determination. 21 (b) Equipment shall be installed in accordance with the 22 applicable standards of the National Fire Protection 23 Association and the manufacturer's specifications. 24 (c) The contractor shall furnish the user with operating 25 instructions for all equipment installed, together with a 26 diagram of the final installation. 27 (d) All fire sprinkler systems shall have a backflow 28 prevention device or, in a municipality with a population 29 over 500,000, a double detector check assembly installed by a 30 licensed plumber before the fire sprinkler system connection 31 to the water service. Connection to the backflow prevention 32 device or, in a municipality with a population over 500,000, 33 a double detector assembly shall be done in a manner SB1622 Re-enrolled -7- LRB9214855ACcd 1 consistent with the Department of Public Health's Plumbing 2 Code. 3 (e) This licensing Act is not intended to require any 4 additional fire inspections at State level. 5 Section 35. Fees and required insurance. 6 (a) The fees for an original license and each renewal 7 and for duplicate copies of licenses shall be determined by 8 the State Fire Marshal by rule. 9 (b) Any person who fails to file a renewal application 10 by the date of expiration of a license shall be assessed a 11 late filing charge, which shall be determined by the State 12 Fire Marshal by rule. 13 (c) All fees shall be paid by check or money order. Any 14 fee required by this Act is not refundable in the event that 15 the original application or application for renewal is 16 denied. 17 (d) Every application for an original license shall be 18 accompanied by a certificate of insurance issued by an 19 insurance company authorized to do business in the State of 20 Illinois or by a risk retention or purchasing group formed 21 pursuant to the federal Liability Risk Retention Act of 1986, 22 which provides primary, first dollar public liability 23 coverage of the applicant or licensee for personal injuries 24 for not less than $500,000 per person or $1,000,000 per 25 occurrence, and, in addition, for not less than $1,000,000 26 per occurrence for property damage. The insurance policy 27 shall be in effect at all times during the license year and a 28 new certificate of insurance shall be filed with the State 29 Fire Marshal within 30 days after the renewal of the 30 insurance policy. 31 Section 40. Deposit of fines and fees; appropriation. 32 All administrative civil fines and fees collected pursuant to SB1622 Re-enrolled -8- LRB9214855ACcd 1 the Act shall be deposited into the Fire Prevention Fund, a 2 special fund in the State treasury. The General Assembly 3 shall appropriate the amount annually collected as 4 administrative civil fines and fees to the State Fire Marshal 5 for the purposes of administering this Act. 6 Section 45. Home rule. A home rule unit may not 7 regulate the installation and repair of fire sprinkler 8 systems in a manner less restrictive than the regulation by 9 the State on the installation and repair of fire sprinkler 10 systems under this Act. This Section is a limitation under 11 subsection (i) of Section 6 of Article VII of the Illinois 12 Constitution on the concurrent exercise by home rule units of 13 powers and functions exercised by the State. 14 Section 50. Powers and duties of the State Fire Marshal. 15 The State Fire Marshal has all of the following powers and 16 duties: 17 (a) To prescribe and furnish application forms, 18 licenses, and any other forms necessary under this Act. 19 (b) To suspend, revoke, or refuse to issue or renew 20 licenses for cause. 21 (c) To conduct hearings concerning the suspension, 22 revocation, or refusal to issue or renew licenses. 23 (d) To levy and collect fines pursuant to this Act. 24 (e) To promulgate rules and regulations necessary for 25 the administration of this Act. 26 Section 55. Rules; public hearing. Subject to the 27 requirement for public hearings as provided in this Section, 28 the State Fire Marshal shall promulgate, publish, and adopt, 29 and may, from time to time, amend such rules as may be 30 necessary for the proper enforcement of this Act, to protect 31 the health and safety of the public. The State Fire Marshal SB1622 Re-enrolled -9- LRB9214855ACcd 1 shall hold a public hearing prior to the adoption or 2 amendment of rules required under this Act. The State Fire 3 Marshal may, when necessary, utilize the services of any 4 other State agency to assist in carrying out the purposes of 5 this Act. 6 Section 60. Grounds for disciplinary action. The 7 following constitute grounds for disciplinary action by the 8 State Fire Marshal: 9 (1) Violation of any provision of this Act or of any 10 rule adopted pursuant thereto. 11 (2) Violation of the applicable building codes or laws 12 of this State or any municipality or county thereof. 13 (3) Diversion of funds or property received for 14 prosecution or completion of a specified construction project 15 or operation when, as a result of the diversion, the 16 contractor is, or will be, unable to fulfill the terms of her 17 or his obligation or contract. 18 (4) Disciplinary action by any municipality or county, 19 which action shall be reviewed by the State Fire Marshal 20 before taking any disciplinary action. 21 (5) Failure to supervise the installation of the fire 22 protection system covered by the installation permit signed 23 by the contractor. 24 (6) Rendering a fire protection system, standpipe 25 system, or underground water supply main connecting to the 26 system inoperative except when the fire protection system, 27 standpipe system, or underground water supply main is being 28 inspected, serviced, tested, or repaired or pursuant to court 29 order. 30 (7) Improperly servicing, repairing, testing, or 31 inspecting a fire protection system, standpipe system, or 32 underground water supply main connecting to the system. 33 (8) Failing to provide proof of insurance to the State SB1622 Re-enrolled -10- LRB9214855ACcd 1 Fire Marshal or failing to maintain in force the insurance 2 coverage required by this Act. 3 (9) Failing to obtain, retain, or maintain one or more 4 of the qualifications for a designated certified person as 5 specified in this Act. 6 (10) Making a material misstatement or misrepresentation 7 or committing a fraud in obtaining or attempting to obtain a 8 license. 9 (11) Failing to notify the State Fire Marshal, in 10 writing, within 30 days after a change of residence address, 11 principal business address, or name. 12 (12) Failure to supply within a reasonable time, upon 13 request from the State Fire Marshal or its authorized 14 representative, true information regarding material used, 15 work performed, or other information essential to the 16 administration of this Act. 17 (13) Aiding or abetting a person to violate a provision 18 of this Act, conspiring with any person to violate a 19 provision of this Act, or allowing a license to be used by 20 another person. 21 Section 65. Notice; suspension, revocation, or refusal 22 to renew a license. 23 (a) Whenever the State Fire Marshal determines that 24 there are reasonable grounds to believe that a licensee has 25 violated a provision of this Act or the rules adopted under 26 this Act, the State Fire Marshal shall give notice of the 27 alleged violation to the person whom the license was issued. 28 The notice shall (i) be in writing; (ii) include a 29 statement of the alleged violation which necessitates 30 issuance of the notice; (iii) contain an outline of remedial 31 action that, if taken, will effect compliance with the 32 provisions of this Act and the rules adopted under this Act; 33 (iv) prescribe a reasonable time, as determined by the State SB1622 Re-enrolled -11- LRB9214855ACcd 1 Fire Marshal, for the performance of any action required by 2 the notice; and (v) be served upon the licensee. The notice 3 shall be deemed to have been properly served upon the person 4 when a copy of the notice has been sent by registered or 5 certified mail to his or her last known address as furnished 6 to the State Fire Marshal or when he or she has been served 7 the notice by any other method authorized by law. 8 (b) If the person to whom the notice is served does not 9 comply with the terms of the notice within the time 10 limitations specified in the notice, the State Fire Marshal 11 may proceed with action to suspend, revoke, or refuse to 12 issue a license as provided in this Section. 13 (c) Other requirements of this Act notwithstanding, when 14 the State Fire Marshal determines that reasonable grounds 15 exist to indicate that a violation of this Act has been 16 committed and the violation is the third separate violation 17 by that person in an 18-month period, the notice requirement 18 of subsection (a) of this Section is waived and the State 19 Fire Marshal may proceed immediately with action to suspend, 20 revoke, or refuse to issue a license. 21 (d) In any proceeding to suspend, revoke, or refuse to 22 issue a license, the State Fire Marshal shall first serve or 23 cause to be served upon the licensee a written notice of the 24 State Fire Marshal's intent to take action. The notice shall 25 specify the way in which the person has failed to comply with 26 this Act or any other rules or standards of the State Fire 27 Marshal. 28 (e) In the case of revocation or suspension, the notice 29 shall require the person to remove or abate the violation or 30 objectionable condition specified in the notice within 5 31 days. The State Fire Marshal may specify a longer period of 32 time as it deems necessary. If the person fails to comply 33 with the terms and conditions of the revocation or suspension 34 notice within the time specified by the State Fire Marshal, SB1622 Re-enrolled -12- LRB9214855ACcd 1 the State Fire Marshal may revoke or suspend the license. 2 (f) In the case of refusal to issue a license, if the 3 person fails to comply with the Act or rules or standards 4 promulgated under the Act, the State Fire Marshal may refuse 5 to issue a license. 6 Section 70. Administrative hearing. The State Fire 7 Marshal shall give written notice by certified or registered 8 mail to an applicant or licensee of the State Fire Marshal's 9 intent to suspend, revoke, or refuse to issue a license or to 10 assess a fine. Such person has a right to a hearing before 11 the State Fire Marshal. A written notice of a request for a 12 hearing shall be served on the State Fire Marshal within 10 13 days of notice of the refusal, suspension, or revocation of a 14 license or imposition of a fine. The hearing shall be 15 conducted by the State Fire Marshal or a hearing officer 16 designated in writing by the State Fire Marshal. A 17 stenographic record shall be made of the hearing and the cost 18 of the hearing shall be borne by the State Fire Marshal. A 19 transcript of the hearing shall be made only upon request of 20 the applicant or licensee and shall be transcribed at the 21 cost of that person. 22 Section 75. Subpoena powers; administration of oath. The 23 State Fire Marshal or hearing officer may compel by subpoena 24 or subpoena duces tecum the attendance and testimony of 25 witnesses and the production of books and papers. All 26 subpoenas issued by the State Fire Marshal or hearing officer 27 may be served as provided for in a civil action. The fees of 28 witnesses for attendance and travel shall be the same as the 29 fees for witnesses before the circuit court and shall be paid 30 by the party at whose request the subpoena is issued. If such 31 subpoena is issued at the request of the State Fire Marshal, 32 the witness fee shall be paid as an administrative expense. SB1622 Re-enrolled -13- LRB9214855ACcd 1 In the case of refusal of a witness to attend or testify 2 or to produce books or papers concerning any matter upon 3 which he or she might be lawfully examined, the circuit court 4 of the county where the hearing is held, upon application of 5 any party to the proceeding, may compel obedience by a 6 proceeding for contempt. 7 The State Fire Marshal or hearing officer has the 8 authority to administer oaths to witnesses. 9 Section 80. Deposition of witnesses; testimony at hearing 10 recorded. In the event of the inability of any party or the 11 State Fire Marshal to procure the attendance of witnesses to 12 give testimony or produce books and papers, the party or the 13 State Fire Marshal may take the deposition of witnesses in 14 accordance with the laws of this State. All testimony taken 15 at a hearing shall be reduced to writing and all such 16 testimony and other evidence introduced at the hearing shall 17 be a part of the record of the hearing. 18 Section 85. Certification of record. The State Fire 19 Marshal is not required to certify any record or file any 20 answer or otherwise appear in any proceeding for judicial 21 review unless the party filing the complaint deposits with 22 the clerk of the court the sum of one dollar per page 23 representing the costs of the certification. Failure on the 24 part of the plaintiff to make the deposit shall be grounds 25 for dismissal of the action. 26 Section 90. Injunction. Faulty fire sprinkler 27 installation and repair is declared a violation of this Act 28 and inimical to the public health, welfare, and safety and a 29 deceptive business practice. The State Fire Marshal, in the 30 name of the People of the State, through the Attorney General 31 or the State's Attorney of the county in which the violation SB1622 Re-enrolled -14- LRB9214855ACcd 1 occurs may, in addition to other remedies herein provided, 2 bring an action for an injunction to restrain such violation 3 or enjoin the future performance of the person who committed 4 the violation until compliance with the provisions of this 5 Act has been obtained. 6 Section 95. Penalty. Any person who violates this Act or 7 any rule adopted by the State Fire Marshal, or who violates 8 any determination or order of the State Fire Marshal under 9 this Act shall be guilty of a Class A misdemeanor and shall 10 be fined a sum not less than $100. 11 Each day's violation constitutes a separate offense. The 12 State's Attorney of the county in which the violation 13 occurred or the Attorney General shall bring such actions in 14 the name of the people of the State of Illinois. 15 Section 100. Administrative civil fines. The State Fire 16 Marshal is empowered to assess administrative civil fines 17 against a licensee for violations of this Act or its rules. 18 These fines shall not be greater than $1,000 for each 19 offense. These fines shall be in addition to, or in lieu of, 20 license suspensions and revocations. Rules to implement this 21 Section shall be adopted by the State Fire Marshal within 6 22 months after the effective date of this Act. 23 The hearing officer shall, upon determination that a 24 violation of the Act or rules has occurred, determine the 25 amount of these fines. Any fine assessed and not paid within 26 60 days after receiving notice of the fine from the State 27 Fire Marshal may be submitted to the Attorney General's 28 office for collection. Failure to pay a fine shall also be 29 grounds for immediate suspension or revocation of a license 30 issued under this Act. 31 Section 105. Judicial review of final administrative SB1622 Re-enrolled -15- LRB9214855ACcd 1 decision. The Administrative Review Law and the rules adopted 2 under the Administrative Review Law apply to and govern all 3 proceedings for judicial review of final administrative 4 decisions of the State Fire Marshal under this Act. Such 5 judicial review shall be had in the circuit court of the 6 county in which the cause of the action arose. The term 7 "administrative decision" is defined in Section 3-101 of the 8 Code of Civil Procedure. 9 Section 110. Illinois Administrative Procedure Act. The 10 provisions of the Illinois Administrative Procedure Act are 11 hereby expressly adopted and shall apply to all 12 administrative rules and procedures of the State Fire Marshal 13 under this Act, except that, in the case of conflict between 14 the Illinois Administrative Procedure Act and this Act, the 15 provisions of this Act shall control, and except that Section 16 5-35 of the Illinois Administrative Procedure Act relating to 17 procedures for rule-making does not apply to the adoption of 18 any rule required by federal law in connection with which the 19 State Fire Marshal is precluded by law from exercising any 20 discretion. 21 Section 115. Severability clause. If any part of this 22 Act is adjudged invalid, such adjudication shall not affect 23 the validity of the Act as a whole or of any other part. 24 Section 120. Grandfather clause. Any person or business 25 that, as of the effective date of this Act, is installing or 26 repairing fire sprinkler systems in the State of Illinois and 27 has a minimum of 3 years of experience in installing or 28 repairing fire sprinkler systems is exempt from having a 29 designated certified person as required in Section 20. 30 Section 999. Effective date. This Act takes effect upon SB1622 Re-enrolled -16- LRB9214855ACcd 1 becoming law.
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