Public Act 0377 103RD GENERAL ASSEMBLY

SB1250 Enrolled LRB103 29821 CPF 56229 b

Public Act 103-0377

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Sprayed Fire-Resistant Material Applicator Act.

Section 5. Definitions. As used in this Act:

"Office" means the Office of the State Fire Marshal.

"Sprayed fire-resistant material" means a cementitious or fibrous material that is applied onto a steel structure through a spray process to provide fire-resistant protection to the steel structure.

"Sprayed fire-resistant material applicator" means an individual in the business of applying sprayed fire-resistant material.

Section 10. Fire-resistant material applicator registration.

(a) Beginning July 1, 2026, it is unlawful for a person to engage in business as a sprayed fire-resistant material applicator in this State without being registered with the Office as provided in this Act. A person who violates this Section may be assessed a civil penalty by the Office of up to $250 for each violation. Each day's violation constitutes a separate offense. The Attorney General or the State's Attorney of the county in which the violation occurs may bring an action in the name of the People of the State of Illinois or may, in addition to other remedies provided in this Act, bring an action for an injunction to restrain a violation of this subsection.

(b) The Office shall:

(1) register persons as sprayed fire-resistant material applicators; and

(2) establish requirements for the registration of sprayed fire-resistant material applicators that includes a requirement for proof of training or certification.

(c) A person seeking registration as a sprayed fire-resistant material applicator shall meet the requirements established by the Office to register as a sprayed fire-resistant material applicator.

(d) Registration as a sprayed fire-resistant material applicator must be renewed every 3 years.

Section 15. Rules and fees.

(a) By July 1, 2025, the Office shall adopt rules consistent with the provisions of this Act for the administration and enforcement of this Act. The Office may prescribe forms to be issued in connection with the administration and enforcement of this Act.

(b) The Office may, by rule, establish fees, including, but not limited to, registration fees and processing fees. All fees collected pursuant to this Act shall be deposited into the Fire Prevention Fund. All fees paid pursuant to this Act are nonrefundable. This shall not preclude the Office from refunding accidental overpayment of fees.

Section 20. Exemptions. This Act does not apply to sprayed fire-resistant material applicators at facilities licensed by the federal Nuclear Regulatory Commission under 10 CFR 50 or 10 CFR 52 or to employees of those facilities while engaged in the performance of their official duties.

Section 99. Effective date. This Act takes effect upon becoming law.

Effective Date: 7/28/2023