SB 1250

Abstract

Amends the State Fire Marshal Act. Defines "fire-resistant material" and "fire-resistant material applicator". Provides that it is unlawful for a person to engage in business as a fire-resistant material applicator in this State without being certified by the Office of the State Fire Marshal. Establishes a civil penalty of up to $250 for each violation of this prohibition. Requires the Office to regulate fire-resistant material applicators by developing and implementing a certification and certification renewal process, developing training requirements, and adopting necessary rules. Allows the Office to charge a certification fee and a certification renewal fee. Provides that registration as a fire-resistant material applicator must be renewed annually. Requires the Office to develop a list of grounds for revoking certification as a fire-resistant material applicator. Permits the Office to investigate allegations of actions that constitute grounds for revocation and may revoke certification if, in the Office's determination, a violation has occurred. Effective immediately. Senate Floor Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes: Changes the definition of "fire-resistant material". Changes the requirements of the Office of the State Fire Marshal. Removes language allowing the Office to charge a certification fee and a certification renewal fee for persons seeking certification. Removes language requiring the Office to adopt rules to implement and administer the provisions. Provides that if a person satisfactorily completes the training, the Office shall accept (rather than issue the person a certificate indicating) that he or she is certified to apply fire-resistant material. Requires a fire-resistant material applicator to renew his or her registration every 3 years (rather than annually). Removes language providing that the Office shall develop a list of grounds for revoking certification as a fire-resistant material applicator, and that the Office may investigate allegations of actions that constitute grounds for revocation and may revoke certification if a violation has occurred. Effective immediately. House Committee Amendment No. 2 Provides that the provisions do not apply to fire-resistant material applicators at facilities licensed by the federal Nuclear Regulatory Commission under specified federal regulations or to employees of those facilities while engaged in the performance of their official duties. House Floor Amendment No. 4 Deletes reference to: 20 ILCS 2905/5 new Adds reference to: New Act Replaces everything after the enacting clause. Creates the Sprayed Fire-Resistant Material Applicator Act. Provides that, beginning July 1, 2026, it is unlawful for a person to engage in business as a sprayed fire-resistant material applicator in the State without being registered with the Office of the State Fire Marshal. Provides that a person who violates the Act may be assessed a civil penalty by the Office of up to $250 for each violation. Allows the Attorney General or the State's Attorney of the county in which the violation occurs to bring an action in the name of the People of the State of Illinois or may, in addition to other remedies, bring an action for an injunction to restrain a violation. Requires the Office to: (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. Provides that registration as a sprayed fire-resistant material applicator must be renewed every 3 years. Requires the Office, by July 1, 2025, to adopt rules consistent with the Act for the administration and enforcement of the Act. Allows the Office to establish fees. Sets forth exemptions to the Act. Defines terms. Effective immediately.