2005 Illinois Code - Chapter 225 Professions And Occupations 225 ILCS 317/ Fire Sprinkler Contractor Licensing Act.
(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.)
(225 ILCS 317/5) Sec. 5. Legislative intent. It is declared that within the State of
Illinois there are, and
may continue to be, locations where the improper installation or repair of fire
sprinkler systems
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 establishment of minimum standards for licensure of fire
sprinkler installation
contractors. (Source: P.A. 92‑871, eff. 1‑3‑03.)
(225 ILCS 317/10) 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 of this Act. "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 of this Act.
"Fire sprinkler contractor" means a person who holds himself or herself out
to
be in the
business of or contracts with a person to install or repair a fire sprinkler
system. "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. "Person" means an individual, group of individuals, association, trust,
partnership,
corporation, 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. "Supervision" means the direction and management by a designated certified
person of the
activities of non‑certified personnel in the installation or repair of fire
sprinkler systems. (Source: P.A. 94‑367, eff. 1‑1‑06.)
(225 ILCS 317/12) Sec. 12. License; enforcement; failure to pay tax. No person shall act
as
a fire
sprinkler contractor, 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 State Fire
Marshal. No firm, association, or corporation shall act as an
agency licensed under this Act, or advertise or assume to act as such,
or use any title implying that the firm, association, or corporation
is engaged in such practice, unless licensed by the State Fire Marshal. The State Fire Marshal, 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 punish the
offender for contempt of court. Such injunctive proceeding shall be in
addition to all penalties and other remedies in this Act. The State Fire Marshal 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. 92‑871, eff. 1‑3‑03.)
(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 317/20) Sec. 20. Designated certified person requirements. (a) A designated certified person must either be a current Illinois licensed
professional
engineer or hold a valid NICET level 3 or higher certification in "fire
protection technology,
automatic sprinkler system layout". (b) At least one member of every firm, association, or partnership and at
least one
corporate officer of every corporation engaged in the installation and repair
of fire
sprinkler systems must be a designated certified person. (c) A designated certified person must be employed by the licensee at a
business location with
a valid license. (d) A designated certified person must 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 must be directly involved in supervision.
The designated certified person does not, however, have to be at the site of
the
installation or repair of the fire sprinkler system at all times. (Source: P.A. 92‑871, eff. 1‑3‑03.)
(225 ILCS 317/25) Sec. 25. Change of a designated certified person. When a licensee is
without a designated
certified person, the licensee shall notify the State Fire Marshal 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 license of the
person or of the business organization to expire without further operation
of law. (Source: P.A. 92‑871, eff. 1‑3‑03.)
(225 ILCS 317/30) Sec. 30. Requirements for the installation and repair 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. (Source: P.A. 92‑871, eff. 1‑3‑03.)
(225 ILCS 317/35) Sec. 35. Fees 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) 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. (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. (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.)
(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. The General Assembly
shall appropriate the
amount annually collected as administrative civil fines and fees to the State
Fire Marshal for the
purposes of administering this Act. (Source: P.A. 92‑871, eff. 1‑3‑03.)
(225 ILCS 317/45) Sec. 45. Home rule. A home rule unit may not regulate the installation
and
repair of fire sprinkler systems in a manner less restrictive than the
regulation by the State
on the installation and repair 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. (Source: P.A. 92‑871, eff. 1‑3‑03.)
(225 ILCS 317/50) Sec. 50. Powers and duties of the State Fire Marshal. The State Fire
Marshal has all of the
following powers and duties: (a) To prescribe and furnish application forms, licenses, and any other
forms necessary under
this Act. (b) To suspend, revoke, or refuse to issue or renew licenses for cause. (c) To conduct hearings concerning the suspension, revocation, or refusal to
issue or renew
licenses. (d) To levy and collect fines pursuant to this Act. (e) To promulgate rules and regulations necessary for the administration of
this Act. (Source: P.A. 92‑871, eff. 1‑3‑03.)
(225 ILCS 317/55) Sec. 55. Rules; public hearing. Subject to the requirement for public
hearings as provided
in this Section, the State Fire Marshal shall promulgate, 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 State Fire Marshal shall hold a public
hearing prior to the
adoption or amendment of rules required under this Act. The State Fire Marshal
may, when necessary,
utilize the services of any other State agency to assist in carrying out the
purposes of this Act. (Source: P.A. 92‑871, eff. 1‑3‑03.)
(225 ILCS 317/60) Sec. 60. Grounds for disciplinary action. The following constitute grounds for disciplinary
action by the State Fire Marshal: (1) Violation of any provision of this Act or of any rule adopted pursuant thereto. (2) Violation of the applicable building 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 her or his obligation or contract. (4) Disciplinary action by any municipality or county, which action shall be
reviewed by the
State Fire Marshal before taking any disciplinary action. (5) Failure to supervise the installation of the fire protection system
covered by the
installation permit signed by the contractor. (6) Rendering a fire protection system, standpipe system, or underground
water supply main
connecting to the system inoperative except when the fire protection system,
standpipe system, or
underground water supply main is being inspected, serviced, tested, or
repaired or pursuant
to court order. (7) Improperly servicing, repairing, testing, or inspecting a fire
protection system, standpipe
system, or underground water supply main connecting to the system. (8) Failing to provide proof of insurance to the State Fire Marshal 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 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 State Fire Marshal, in writing, within 30 days
after a change of
residence address, principal business address, or name. (12) Failure to supply within a reasonable time, upon request from the State
Fire Marshal or
its authorized representative, true information regarding material used, work
performed, or other
information essential to the administration of this Act. (13) Aiding or abetting a person to violate a provision of this Act,
conspiring with any person
to violate a provision of this Act, or allowing a license to be used by another
person. (Source: P.A. 92‑871, eff. 1‑3‑03.)
(225 ILCS 317/65) Sec. 65. Notice; suspension, revocation, or refusal to renew a license. (a) Whenever the State Fire Marshal determines that there are reasonable
grounds to believe
that a licensee has violated a provision of this Act or the rules adopted
under this Act, the
State Fire Marshal shall give notice of the alleged violation to the person
whom the license was
issued. The notice shall (i)be in writing; (ii) include a statement of the
alleged violation which
necessitates issuance of the notice; (iii) contain an outline of remedial
action that, if taken, will
effect compliance with the provisions of this Act and the rules adopted under
this Act; (iv)
prescribe a reasonable time, as determined by the State Fire Marshal, for the
performance of any
action required by the notice; and (v) be served upon the licensee. 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 his or her last known address as furnished to the State Fire Marshal or when he or
she has been served the notice by any other method authorized by law. (b) If the person to whom the notice is served does not comply with the terms of the notice
within the time limitations specified in the notice, the State Fire Marshal may proceed with action
to suspend, revoke, or refuse to issue a license as provided in this Section. (c) Other requirements of this Act notwithstanding, when the State Fire
Marshal
determines that reasonable grounds exist to indicate that a violation of this
Act has been committed
and the violation is the third separate violation by that person in an 18‑month
period, the notice
requirement of subsection (a) of this Section is waived and the State Fire
Marshal may proceed
immediately with action to suspend, revoke, or refuse to issue a license. (d) In any proceeding to suspend, revoke, or refuse to issue a license, the
State Fire Marshal
shall first serve or cause to be served upon the licensee a written notice of
the State Fire
Marshal'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 State Fire Marshal. (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 5
days. The State Fire
Marshal 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
State Fire Marshal, the State Fire Marshal may revoke or suspend the license. (f) In the case of refusal to issue a license, if the person fails to comply
with the Act or
rules or standards promulgated under the Act, the State Fire Marshal may refuse
to issue a license. (Source: P.A. 92‑871, eff. 1‑3‑03.)
(225 ILCS 317/70) Sec. 70. Administrative hearing. The State Fire Marshal shall give written
notice by
certified or registered mail to an applicant or licensee of the State
Fire Marshal's intent to
suspend, revoke, or refuse to issue a license or to assess a fine.
Such person has a right to a
hearing before the State Fire Marshal. A written notice of a request for a
hearing shall be served on
the State Fire Marshal 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 State
Fire Marshal or a
hearing officer designated in writing by the State Fire Marshal. A stenographic
record shall be made
of the hearing and the cost of the hearing shall be borne by the State Fire
Marshal. A transcript of
the hearing shall be made only upon request of the applicant or licensee and
shall be transcribed at
the cost of that person. (Source: P.A. 92‑871, eff. 1‑3‑03.)
(225 ILCS 317/75) Sec. 75. Subpoena powers; administration of oath. The State Fire Marshal
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 State Fire Marshal
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 State Fire
Marshal, 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 State Fire Marshal or hearing officer has the authority to administer
oaths to witnesses. (Source: P.A. 92‑871, eff. 1‑3‑03.)
(225 ILCS 317/80) Sec. 80. Deposition of witnesses; testimony at hearing recorded. In the
event of the
inability of any party or the State Fire Marshal to procure the attendance of
witnesses to give
testimony or produce books and papers, the party or the State Fire Marshal 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. 92‑871, eff. 1‑3‑03.)
(225 ILCS 317/85) Sec. 85. Certification of record. The State Fire Marshal 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. 92‑871, eff. 1‑3‑03.)
(225 ILCS 317/90) Sec. 90. Injunction. Faulty fire sprinkler installation and repair is
declared a violation
of this Act and inimical to the public health, welfare, and safety and a
deceptive business practice.
The State Fire Marshal, in the name of the People of the State, through the
Attorney General or the
State's Attorney of the county in which the violation occurs may, in addition
to other remedies
herein provided, bring an action for an injunction to restrain such violation
or enjoin the future
performance of the person who committed the violation until compliance with the
provisions of this
Act has been obtained. (Source: P.A. 92‑871, eff. 1‑3‑03.)
(225 ILCS 317/95) Sec. 95. Penalty. Any person who violates this Act or any rule adopted by
the State Fire
Marshal, or who violates any determination or order of the State Fire Marshal
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. 92‑871, eff. 1‑3‑03.)
(225 ILCS 317/100) Sec. 100. Administrative civil fines. The State Fire Marshal 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
State Fire Marshal within 6 months after the effective date of this Act. 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 State Fire Marshal 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. 92‑871, eff. 1‑3‑03.)
(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 State Fire Marshal
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. 92‑871, eff. 1‑3‑03.)
(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 State Fire Marshal 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 State Fire Marshal is precluded by law from exercising any
discretion. (Source: P.A. 92‑871, eff. 1‑3‑03.)
(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.)
(225 ILCS 317/120) Sec. 120. Grandfather clause. Any person or business that, as of the
effective date of this Act, is
installing or
repairing fire sprinkler systems in the State of Illinois and has a minimum of
3 years of experience
in installing or repairing fire sprinkler systems is exempt from having a
designated certified
person as required in
Section 20. (Source: P.A. 92‑871, eff. 1‑3‑03.)
(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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