Public Act 0761 103RD GENERAL ASSEMBLY

SB2702 Enrolled LRB103 36180 RPS 66272 b

Public Act 103-0761

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 10 and 17 as follows:

(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.

"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 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.)

(225 ILCS 317/17)

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 certification organization, such as NICET certification in Inspection and Testing of Water Based Systems, at an appropriate level, or the equivalent; on or after the effective date of this amendatory Act of the 102nd General assembly through December 31, 2022, an appropriate level in NICET certification in Inspection and Testing of Water Based Systems shall be level II; on and after January 1, 2023, an appropriate level in NICET certification in Inspection and Testing of Water Based Systems shall be level III;

(2) current ASSE 15010 certification in inspection, testing, and maintenance for water-based fire protection systems by the American Society of Sanitary Engineering; or

(3) satisfactory completion of a certified sprinkler fitter apprenticeship program approved by the U.S. Department of Labor.

(c) The following are exemptions to the licensing requirements of this Section:

(1) State employees who perform routine inspection or testing on behalf of State institutions and who meet the requirements of subsection (b) need not be licensed under this Section or employed by a fire sprinkler contractor under this Act in order to perform routine inspection or testing duties while engaged in the performance of their official duties.

(2) The requirements of this Section do not apply to individuals performing inspection or testing of fire sprinkler systems on behalf of a municipality, a county, a fire department, a fire protection district, or the Office while engaged in the performance of their official duties.

(3) The requirements of this Section do not apply to a stationary engineer, operating engineer, or other individual employed on a full-time basis by the facility owner or owner's representative performing weekly and monthly inspections and tests in accordance with applicable standards adopted under the rules.

(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.)