Public Act 097-0112
HB1279 EnrolledLRB097 07339 CEL 47448 b

    AN ACT concerning regulation.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Fire Sprinkler Contractor Licensing Act is
amended by changing Sections 15, 30, and 35 as follows:
    (225 ILCS 317/15)
    Sec. 15. Licensing requirements.
    (a) It shall be unlawful for any person or business to
engage in, advertise, or hold itself out to be in the business
of installing or repairing fire sprinkler systems in this State
after 6 months after the effective date of this Act, unless
such person or business is licensed by the State Fire Marshal.
This license must be renewed every year.
    (b) In order to obtain a license, a person or business must
submit an application to the State Fire Marshal, on a form
provided by the State Fire Marshal containing the information
prescribed, along with the application fee.
    (c) A business applying for a license must have a
designated certified person employed at the business location
and the designated certified person shall be identified on the
license application.
    (d) A person or business applying for a license must show
proof of having liability and property damage insurance in such
amounts and under such circumstances as may be determined by
the State Fire Marshal. The amount of liability and property
damage insurance, however, shall not be less than the amount
specified in Section 35 of this Act.
    (e) A person or business applying for a license must 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.
    (f) A person or business so licensed 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 or repair of fire sprinkler systems performed
within the State.
    (g) When an individual proposes to do business in her or
his own name, a license, when granted, shall be issued only to
that individual.
    (h) 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 such other legal entity and its members and shall
furnish evidence of statutory compliance if a fictitious name
is used. Such application shall also show that the business
entity employs a designated certified person as required under
Section 20. 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 shall be noted thereon.
    (i) 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.
    (j) All fire protection system layout documents of fire
sprinkler systems, as defined in Section 10 of this Act, shall
be prepared by (i) a professional engineer who is licensed
under the Professional Engineering Practice Act of 1989, (ii)
an architect who is licensed under the Illinois Architecture
Practice Act of 1989, or (iii) a holder of a valid NICET level
3 or 4 certification in fire protection technology automatic
sprinkler system layout who is either licensed under this Act
or employed by an organization licensed under this Act.
(Source: P.A. 94-367, eff. 1-1-06.)
    (225 ILCS 317/30)
    Sec. 30. Requirements for the installation, repair,
inspection, and testing of fire protection 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 State Fire Marshal 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) Equipment shall be installed in accordance with the
applicable standards of the National Fire Protection
Association and the manufacturer's specifications.
    (c) The contractor shall furnish the user with operating
instructions for all equipment installed, together with a
diagram 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) This licensing Act is not intended to require any
additional fire inspections at State level.
    (f) Inspections and testing of existing fire sprinkler
systems and control equipment must be performed by a licensee
or an individual employed or contracted by a licensee. Any
individual who performs inspection and testing duties under
this subsection (f) must possess proof of (i) certification by
a nationally recognized certification organization at an
appropriate level, such as NICET Level II in Inspection and
Testing of Water Based Systems or the equivalent, by January 1,
2009 or (ii) satisfactory completion of a certified sprinkler
fitter apprenticeship program approved by the U.S. Department
of Labor. State employees who perform inspections and testing
on behalf of State institutions and who meet all other
requirements of this subsection (f) need not be licensed under
this Act or employed by a licensee under this Act in order to
perform inspection and testing duties under this subsection
(f). The requirements of this subsection (f) do not apply to
individuals performing inspections or testing of fire
sprinkler systems on behalf of a municipality, a county, a fire
protection district, or the Office of the State Fire Marshal.
This subsection (f) does not apply to cursory weekly and
monthly inspections of gauges and control valves conducted in
accordance with the standards of the National Fire Protection
    A copy of the inspection report for an inspection performed
pursuant to this subsection (f) must be forwarded by the entity
performing the inspection to the local fire department or fire
protection district in which the sprinkler system is located.
The inspection report must include the NICET Level II
Inspection and Testing of Water Based Systems certification
number or journeymen number of the person performing the
(Source: P.A. 95-305, eff. 8-20-07; 96-256, eff. 1-1-10.)
    (225 ILCS 317/35)
    Sec. 35. Fees, renewals, continuing education, and
required insurance.
    (a) The fees for an original license and each renewal and
for duplicate copies of licenses shall be determined by the
State Fire Marshal by rule.
    (b) Each license must be renewed every 2 years. Each
licensee must complete 16 hours of continuing education in the
2-year period following his or her renewal or initial licensure
after the effective date of this amendatory Act of the 97th
General Assembly. Current licensure as a professional engineer
or proof of current NICET certification in Level III or IV
shall satisfy this 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
State Fire Marshal shall be also acceptable. All continuing
education entities seeking to be approved providers of
continuing education shall make application to the State Fire
Marshal and offer programs that:
        (1) contribute to the advancement, extension, or
    enhancement of the professional skills or technical
    knowledge of the licensee in the practice of fire sprinkler
    contracting; and
        (2) are developed and presented by persons with
    education or experience in the subject manner of the
    (c) Any person who fails to file a renewal application by
the date of expiration of a license shall be assessed a late
filing charge, which shall be determined by the State Fire
Marshal by rule.
    (d) (c) All fees shall be paid by check or money order. Any
fee required by this Act is not refundable in the event that
the original application or application for renewal is denied.
    (e) (d) Every application for an original 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 State Fire Marshal within 30
days after the renewal of the insurance policy.
(Source: P.A. 92-871, eff. 1-3-03.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/14/2011