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OFFICE OF THE STATE FIRE MARSHAL STATE OF ILLINOIS

Statute, Rule or Standard Policy Interpretation:

Policy Number: 11-FP-003 Grandfather Clause in Fire Sprinkler Contractor Licensing Act Effective Date: January 6, 2011

Title: Part: Part Title: Subpart: Subpart Title: Section Number: Section Title: Purpose:

225 ILCS 317 Fire Sprinkler Contractor Licensing Act N/A N/A 120 Grandfather Clause This instruction provides current policy and guidance to ensure uniform enforcement of the original intent of 225 ILCS 317/120. Statewide 225 ILCS 317 provides for the establishment of minimum standards for the licensure of fire sprinkler installation contractors. Section 20 ("Designated certified person requirements") was revised by PA 92-871, effective January 3, 2003, to require, for the first time, that every firm, association or partnership engaged in the installation and repair of fire sprinkler systems must have at least one "designated certified person" with either a current Illinois license as a professional engineer or a valid NICET level 3 or higher certification in "fire protection technology, automatic sprinkler system layout." 225 ILCS 317/20. In order to provide entities engaged in the installation and repair of fire sprinkler systems sufficient time to comply with the new professional engineer/NICET certification requirements, the revised Act also contained a grandfather clause. Section 120 provides that "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 installing or repairing fire sprinkler systems is exempt from having a designated certified person as required by Section 20." 225 ILCS 317/120. The Fire Sprinkler Contractor Licensing Rules provide that contractors not required to have a "designated certified person" shall, instead, have a "responsible managing employee" as defined by Section 109.30. 41 Ill. Adm. Code 109.30.

Scope: Current Code:

Policy Interpretation: Effective January 6, 2011, and pending the repeal of 225 ILCS 317/120, the following policy applies to every firm, association or partnership engaged in the installation and repair of fire sprinkler systems. The Office of the State Fire Marshal ("OSFM") concludes that the spirit and intent of the Fire Sprinkler Contractor Licensing Act intended the Grandfather Clause in 225 ILCS 317/120 to have a limited lifespan, as it was aimed at lessening any perceived burdens imposed by the 2003 amendments to the Act. Said amendments required, for the first time, every firm, association or partnership engaged in the installation and repair of fire sprinkler systems to employ a designated certified person with either a professional engineer or NICET level 3 or higher certification in "fire protection technology, automatic sprinkler system layout." Based upon this, the OSFM concludes that, from the effective date forward, Fire Sprinkler Contractor Licenses will no longer be granted pursuant to Section 120 of the Act to

OFFICE OF THE STATE FIRE MARSHAL STATE OF ILLINOIS individuals or entities that have not previously applied for, and received, licenses pursuant to the Grandfather Clause. Therefore, all new applications must comply with the designated certified person requirement contained in 225 ILCS 317/20. Contractors must also abide by all other requirements applicable to them, including all other licensure requirements found in 225 ILCS 317 et seq. Subsequent renewal applications by those firms or individuals currently employing a responsible managing employee will be denied if it is determined that the responsible managing employee lacks the necessary experience and qualification to comply with the intent of the Act. Repealed Date: Superseded:

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