(225 ILCS 217/40)
(Section scheduled to be repealed on January 1, 2023)
Sec. 40.
Qualifications for licensure; fees.
(a) No person shall engage in practice as a fire equipment distributor or fire equipment employee without first applying for and obtaining a license for that purpose from the Office of the State Fire Marshal.
(b) To qualify for a Class A Fire Equipment Distributor License to service, recharge, hydro-test, install, maintain, or inspect all types of fire extinguishers, an applicant must provide all of the following:
(1) An annual license fee of $100.
(2) Evidence of registration as an Illinois
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| corporation or evidence of compliance with the Assumed Business Name Act. |
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(3) Evidence of financial responsibility in a minimum |
| amount of $300,000 through liability insurance, self-insurance, group insurance, group self-insurance, or risk retention groups. |
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(c) To qualify for a Class B Fire Equipment Distributor License to service, recharge, hydro-test, install, maintain, or inspect all types of pre-engineered fire extinguishing systems, an applicant must provide all of the following:
(1) An annual license fee of $200.
(2) Evidence of registration as an Illinois |
| corporation or evidence of compliance with the Assumed Business Name Act. |
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(3) Evidence of financial responsibility in a minimum |
| amount of $300,000 through liability insurance, self-insurance, group insurance, group self-insurance, or risk retention groups. |
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(4) Evidence of owning, leasing, renting, or having |
| access to proper testing equipment that is in compliance with the national standards adopted by the State Fire Marshal for the maintenance and operation of testing tools for use with all Class B fire equipment. |
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(d) To qualify for a Class C Fire Equipment Distributor License to service, repair, hydro-test, inspect, and engineer all types of engineered fire suppression systems, an applicant must provide all of the following:
(1) An annual license fee of $300.
(2) Evidence of registration as an Illinois |
| corporation or evidence of compliance with the Assumed Business Name Act. |
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(3) Evidence of financial responsibility in a minimum |
| amount of $300,000 through liability insurance, self-insurance, group insurance, group self-insurance, or risk retention groups. |
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(4) Evidence of owning, leasing, renting, or having |
| access to proper testing equipment that is in compliance with the national standards adopted by the State Fire Marshal for the maintenance and operation of testing tools for use with all Class C fire equipment. |
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(e) To qualify for a Class 1 Fire Equipment Employee License to service, recharge, hydro-test, install, maintain, or inspect all types of fire extinguishers, an applicant must complete all of the following:
(1) Pass the ICC/NAFED examination administered by |
| the ICC as a technician certified to service a Portable Fire Extinguisher. |
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(2) Pay an annual license fee of $20.
(3) Provide 2 copies of a current photograph at least |
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(f) To qualify for a Class 2I Fire Equipment Employee License to service, recharge, hydro-test, install, maintain, or inspect all types of pre-engineered industrial fire extinguishing systems, an applicant must complete all of the following:
(1) Pass the ICC/NAFED examination administered by |
| the ICC as a technician certified to service Pre-Engineered Industrial Fire Suppression Systems. |
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(2) Pay an annual license fee of $20.
(3) Provide 2 copies of a current photograph at least |
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(f-5) To qualify for a Class 2K Fire Equipment Employee License to service, recharge, hydro-test, install, maintain, or inspect all types of pre-engineered kitchen fire extinguishing systems, an applicant must complete all of the following:
(1) Pass the ICC/NAFED examination administered by |
| the ICC as a technician certified to service Pre-Engineered Kitchen Fire Extinguishing Systems. |
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(2) Pay an annual fee of $20.
(3) Provide 2 copies of a current photograph at least |
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(g) To qualify for a Class 3 Fire Equipment Employee License to service, recharge, hydro-test, maintain, inspect, or engineer all types of engineered fire extinguishing systems, an applicant must complete all of the following:
(1) Pass the examination.
(2) Pay an annual license fee of $20.
(3) Provide a current photograph at least 1" x 1" in |
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(h) All licenses issued under this Act shall remain in effect unless the licensee is otherwise notified by the Office of the State Fire Marshal.
(Source: P.A. 96-1499, eff. 1-18-11; 97-979, eff. 8-17-12.) |
(225 ILCS 217/75)
(Section scheduled to be repealed on January 1, 2023)
Sec. 75.
Grounds for disciplinary sanctions.
Licensees subject to this Act shall conduct their practice in accordance with this Act and with any rules adopted under this Act. The State Fire Marshal may refuse to issue or renew any license and it may suspend or revoke any license or may place on probation, censure, reprimand, or take other disciplinary action deemed appropriate by the State Fire Marshal and enumerated in this Act, including the imposition of fines not to exceed $5,000 for each violation, with regard to any license issued under this Act for any one or more of the reasons enumerated in this Section. Any civil penalty assessed by the State Fire Marshal pursuant to this Act shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and executed in the same manner as any judgment from any court of record.
Grounds for discipline under this Act are:
(1) fraud or material deception in obtaining or
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(2) professional incompetence as manifested by poor |
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(3) engaging in dishonorable, unethical, or |
| unprofessional conduct of a character likely to deceive, defraud, or harm the public in the course of professional services or activities; |
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(4) conviction of any crime by a licensee that has a |
| substantial relationship to his or her practice or an essential element of which is misstatement, fraud, or dishonesty, or conviction in this or another state of any crime that is a felony under the laws of Illinois or conviction of a felony in a federal court, unless the person demonstrates that he or she has been sufficiently rehabilitated to warrant the public trust; |
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(5) performing any services in a grossly negligent |
| manner or permitting any of his or her licensed employees to perform services in a grossly negligent manner, regardless of whether actual damage or damages to the public is established; |
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(6) habitual drunkenness or habitual addiction to the |
| use of morphine, cocaine, controlled substances, or other habit-forming drugs; |
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(7) directly or indirectly willfully receiving |
| compensation for any professional services not actually rendered; |
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(8) having disciplinary action taken against his or |
| her license in another state; |
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(9) making differential treatment against any person |
| to his or her detriment because of race, color, creed, sex, religion, or national origin; |
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(10) engaging in unprofessional conduct;
(11) engaging in false or misleading advertising;
(12) contracting or assisting unlicensed persons to |
| perform services for which a license is required under this Act; |
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(13) permitting the use of his or her license to |
| enable any unlicensed person or agency to operate as a licensee; |
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(14) performing and charging for services without |
| having authorization to do so from the member of the public being served; |
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(15) failure to comply with any provision of this Act |
| or the rules adopted under this Act; |
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(16) conducting business regulated by this Act |
| without a currently valid license. |
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(Source: P.A. 96-1499, eff. 1-18-11; 97-979, eff. 8-17-12.) |
(225 ILCS 217/85)
(Section scheduled to be repealed on January 1, 2023)
Sec. 85.
Formal charges.
(a) Before revoking, suspending, annulling, withdrawing, amending materially, or refusing to renew any valid license, the State Fire Marshal shall file formal charges against the licensee. The formal charges shall, at a minimum, inform the licensee of the facts that make up the basis of the charge and that are specific enough to enable the licensee to defend himself.
(b) Each licensee whose conduct is the subject of a formal charge that seeks to impose disciplinary action against the licensee shall be served notice of said formal charge at least 30 days before the date of the hearing, which shall be presided over by a hearing officer authorized by the State Fire Marshal. Service shall be considered to have been given if the notice was personally received by the licensee or if the notice was sent by certified mail, return receipt requested to the licensee at the licensee's last known address, as listed with the State Fire Marshal.
(c) The notice of formal charges shall consist at a minimum of the following information:
(1) the time, place, and date of the hearing;
(2) that the licensee shall appear personally at the
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| hearing and may be represented by counsel; |
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(3) that the licensee shall have the right to produce |
| witnesses and evidence in his behalf and shall have the right to cross-examine witnesses and refute evidence produced against him or her; |
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(4) that the hearing could result in disciplinary |
| action being taken against his or her license; |
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(5) that rules for the conduct of these hearings |
| exist and it may be in the licensee's best interest to obtain a copy; |
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(6) that a hearing officer authorized by the State |
| Fire Marshal shall preside at the hearing and following the conclusion of said hearing shall make findings of fact, conclusions of law, and recommendations, separately stated, to the State Fire Marshal as to what disciplinary action, if any, should be imposed on the licensee; |
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(7) that the State Fire Marshal may continue such |
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(8) that the licensee shall file a written answer to |
| the charges with the State Fire Marshal under oath within 20 days after service of the notice; and |
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(9) that if the accused fails to answer, a default |
| judgment shall be taken against him, her, or it, or that his, her, or its license may be suspended, revoked, placed on probationary status, or subject to other disciplinary action as the State Fire Marshal deems proper, without a hearing, if the act or acts charged constitute sufficient grounds for such action under this Act. |
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(d) The hearing officer authorized by the State Fire Marshal shall hear evidence produced in support of the formal charges and contrary evidence produced by the licensee, if any. At the conclusion of the hearing, the hearing officer shall make findings of fact, conclusions of law, and recommendations, separately stated, and submit them to the State Fire Marshal and to all parties to the proceeding. Submission to the licensee shall be considered as having been made if done in a similar fashion as service of the notice of formal charges. Within 20 days after such service, any party to the proceeding may present to the State Fire Marshal a motion, in writing, for a rehearing which written motion shall specify the particular grounds therefor.
(e) The State Fire Marshal, following the time allowed for filing a motion for rehearing, shall review the hearing officer's findings of fact, conclusions of law, and recommendations, and any motions filed subsequent thereto. After review of such information the State Fire Marshal may hear oral arguments and thereafter shall issue an order. The report of findings of fact, conclusions of law, and recommendations of the hearing officer shall be the basis for the State Fire Marshal's order. If the State Fire Marshal finds that substantial justice was not done, he or she may issue an order in contravention of the findings of fact, conclusions of law, and recommendations of the hearing officer. The finding is not admissible in evidence against the person in criminal prosecution brought for the violation of this Act, but the hearing and findings are not a bar to a criminal prosecution brought for the violation of this Act.
(f) All proceedings under this Section are matters of public record and shall be preserved.
(Source: P.A. 96-1499, eff. 1-18-11; 97-979, eff. 8-17-12.) |
(225 ILCS 217/90)
(Section scheduled to be repealed on January 1, 2023)
Sec. 90.
Disciplinary sanctions; hearings.
(a) The State Fire Marshal shall impose any of the following sanctions, singly or in combination, when he or she finds that a licensee is guilty of any offense described in Section 75:
(1) revocation;
(2) suspension for any period of time;
(3) reprimand or censure;
(4) placement on probationary status and the
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| requirement of the submission of any of the following: |
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(i) report regularly to the Board or State Fire |
| Marshal upon matters that are the basis of the probation; |
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(ii) continuation or renewal of professional |
| education until a satisfactory degree of skill has been attained in those areas that are the basis of the probation; or |
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(iii) such other reasonable requirements or |
| restrictions as are proper; |
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(5) refusal to issue, renew, or restore;
(6) revocation of probation that has been granted and |
| imposition of any other discipline in this subsection (a) when the requirements of probation have not been fulfilled or have been violated; or |
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(7) imposition of a fine not to exceed $5,000 for |
| each violation of this Act or the rules adopted under this Act. |
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(b) The State Fire Marshal may summarily suspend a license under this Act, without a hearing, simultaneously with the filing of a formal complaint and notice for a hearing provided under this Section if the State Fire Marshal finds that the continued operations of the individual would constitute an immediate danger to the public. In the event the State Fire Marshal suspends a license under this subsection, a hearing by the hearing officer designated by the State Fire Marshal shall begin within 20 days after such suspension begins, unless continued at the request of the licensee.
(c) Disposition may be made of any formal complaint by consent order between the State Fire Marshal and the licensee.
(d) The State Fire Marshal shall reinstate any license to good standing under this Act, upon recommendation to the State Fire Marshal, after a hearing before the hearing officer authorized by the State Fire Marshal. The State Fire Marshal shall be satisfied that the applicant's renewed practice is not contrary to the public interest.
(e) The State Fire Marshal may order a licensee to submit to a reasonable physical examination if his or her physical capacity to practice safely is at issue in a disciplinary proceeding. Failure to comply with a State Fire Marshal order to submit to a physical examination shall render a licensee liable to the summary suspension procedures described in this Section.
(f) The State Fire Marshal may conduct hearings and issue cease and desist orders to persons who engage in activities prohibited by this Act without having a valid license, certificate, or registration. Any person in violation of a cease and desist order entered by the State Fire Marshal shall be subject to all of the remedies provided by law, and in addition, shall be subject to a civil penalty payable to the party injured by the violation.
(g) The State Fire Marshal shall seek to achieve consistency in the application of the foregoing sanctions and consent orders and significant departure from prior decisions involving similar conduct shall be explained in the State Fire Marshal's orders.
(Source: P.A. 96-1499, eff. 1-18-11; 97-979, eff. 8-17-12.) |