Current through Register Vol. 48, No. 12, March 22, 2024
a) No person or business shall act as a fire
equipment distributor or as an agency licensed under the Act, or
advertise or assume to act as such, or use any title that suggests the
person is engaged in such practice or occupation,
unless licensed by the Office in accordance with the terms of this
Part. [225
ILCS 217/10(a) ]
b) Any person or business that services,
recharges, installs, inspects, maintains, alters, repairs or replaces fire
equipment must be licensed as a fire equipment distributor. If the person or
business has more than one business location from which it will service fire
equipment, each business location shall require a separate license.
c) A person who engages in hydrostatic
testing of fire equipment but does not service, recharge, install, inspect,
maintain, alter, repair, or replace fire equipment is not required to be
licensed as a fire equipment distributor. Such person must have a current RIN
issued by USDOT PHMSA and shall provide proof of such qualifications upon
request of the AHJ.
d) License
Relationship
1) A fire equipment distributor
shall have at least one fire equipment employee licensed in the fire equipment
employee classification corresponding to each distributor classification for
which the fire equipment distributor holds a license.
2) A fire equipment distributor shall follow
the process in Section
251.240 regarding notice to the
Office of the termination of a fire equipment employee's employment.
3) A fire equipment distributor that fails to
maintain a fire equipment employee for a distributor classification shall have
that classification of license suspended. The distributor license for that
classification of license will be reinstated upon the licensing of a fire
equipment employee in the fire equipment employee classification corresponding
to the distributor classification for which the fire equipment distributor held
the license; submission of a reinstatement application form; and payment of a
reinstatement fee established in Section
251.250. If a previously
suspended license has since expired, an application must be submitted for a new
license.
e) Application
for Licensure as a Fire Equipment Distributor
1) An applicant for fire equipment
distributor license shall:
A) Submit a
completed application form to the Office in a manner prescribed by the Office.
i) The application shall include the name,
phone number, valid email address, and address of the business.
ii) The address shall be an actual street
address and shall include the city, state and zip code. A post office box
number is not acceptable as an address.
B) Provide evidence of current registration
as an Illinois corporation in good standing with the Illinois Secretary of
State or evidence of compliance with the Assumed Business Name Act
[805 ILCS
405 ].
C)
Provide a list of current officers.
D) Provide evidence of financial
responsibility in a minimum amount of $1,000,000 through liability insurance,
self-insurance, group insurance, group self-insurance or risk retention
group.
E) Provide evidence of
compliance with the Illinois Workers' Compensation Act [820 ILCS
305 ].
F)
Provide either:
i) a copy of the Requalifier
Identification Number issued to the applicant by the USDOT PHMSA, if engaged in
hydrostatic testing or visually inspecting fire suppression devices or systems
utilizing USDOT PHMSA specification cylinders; or
ii) an affirmative statement from an entity
with a Requalifier Identification Number issued by the USDOT PHMSA that will
provide hydrostatic testing and/or will visually inspect fire suppression
devices or systems, utilizing USDOT PHMSA specification cylinders service, on
behalf of the applicant.
G) Provide a copy of the fire equipment
employee license, or application for a fire equipment employee license, of a
fire equipment employee that corresponds to the desired class of fire equipment
distributor license.
H) Provide a
list of each license issued to the applicant by any state, local or federal
governmental entity in the previous 3 years to engage in the work of a fire
equipment distributor.
I) Provide a
statement of whether the applicant is currently subject to disciplinary action
or has been adjudicated to have violated conditions of a license in any
jurisdiction.
2) An
application for fire equipment distributor license and application for fire
equipment employee license may be submitted simultaneously.
3) Upon submission of the completed
application, including all requisite information and documentation, the Office
will review the application for licensure. The Office shall verify that the
applicant is in good standing with the Illinois Department of Revenue.
A) During review of the application for
licensure, the Office shall consider past history of the applicant. Past
history of the applicant includes, but is not limited to, any citations or
other discipline imposed by any jurisdiction or any occurrences of unlicensed
work by the applicant or any person known by the Office to be associated with
the applicant, such as a previous or predecessor company.
B) In addition to any other reason for
refusal specified in this Part, the Office may refuse to issue a fire equipment
distributor license on the basis of the past history of the
applicant.
4) Failure to
submit a completed application within 30 calendar days of initial receipt of
the application by the Office will cause the application to expire and a new,
completed application must be submitted for review.
5) After reviewing the applicant's completed
application, the Office will invoice the applicant who meets all conditions for
licensure for the fee amount in accordance with Section 251.250. No license
shall be issued until the applicable fees have been paid.
6) Upon submission of the requisite fee
amount, the applicant will be assigned a fire equipment distributor license
number and issued a certificate of licensure. The certificate shall be
prominently displayed in the business location of the fire equipment
distributor, or in a location where the AHJ may readily verify the fire
equipment distributor is licensed. The certificate will bear the following
information:
A) Name and street address of the
fire equipment distributor;
B) Fire
equipment distributor license number;
C) One or more classifications as outlined in
Section 251.210; and
D) Date of issue and date of
expiration.
f) Renewal of Fire Equipment Distributor
License
1) The expiration and renewal dates
for each fire equipment distributor license under this Part shall be at
three-year intervals. The Office will notify the fire equipment distributor, by
issuance of a notice, 90 calendar days prior to the expiration of the license.
Failure of a licensee to receive the notice is not a valid reason for operating
without a current license.
2) The
fire equipment distributor shall follow the process in subsection (e) to apply
for renewal of the license. The fire equipment distributor shall ensure that
the information provided for initial licensure or previous renewal is still
correct, or shall update any incorrect information and provide any additional
information requested at the time of renewal.
3) An expired license may be renewed within
60 calendar days after the expiration date without a reinstatement fee.
However, a person or business working on an expired license shall be considered
to be operating without a current license and shall be subject to the
applicable discipline and penalties.
4) Failure to renew within 60 calendar days
after the expiration date shall make the license inactive. An inactive license
may not be reinstated until an application is submitted and all fees, including
the renewal and reinstatement fees, are paid (see Section 251.250).
5) Failure to reinstate an inactive license
within one year after the expiration date of the license shall terminate the
license. A terminated license may not be renewed or reinstated. A person or
business with a terminated license may apply for a new license.
6)
Renewal and reinstatement fees
shall be waived for individuals who did not renew while on
active duty in the military and who file for renewal or reinstatement within
one year after discharge from such service. [225 ILCS
217/60(c) ]
g) Maintaining Conditions of Licensure
1) A fire equipment distributor is required
to maintain in effect the conditions under which the fire equipment distributor
was licensed or the license shall automatically be suspended.
[225 ILCS
217/62(b) ] When a fire equipment
distributor's license is suspended, the fire equipment employee licenses for
fire equipment employees of that distributor shall also be suspended.
2) A fire equipment distributor whose
required items and documentation under subsection (e) expires or loses effect
prior to the date of license expiration shall submit proof of replacement to
the Office prior to the date on which the items or documentation expire or lose
effect. These items/documentation are:
A)
evidence of registration as an Illinois corporation in good standing with the
Illinois Secretary of State or evidence of compliance with the Assumed Business
Name Act [805 ILCS 405 ];
B) a list of current officers;
C) evidence of financial responsibility in a
minimum amount of $1,000,000 through liability insurance, self-insurance, group
insurance, group self-insurance or risk retention group;
D) evidence of compliance with Illinois
Workers' Compensation Act [820 ILCS 305 ];
E) a current Requalifier Identification
Number issued by the USDOT PHMSA or agreement with an entity with a current
Requalifier Identification Number (RIN) issued by the USDOT PHMSA;
and
F) documentation of employment
of a licensed fire equipment employee.
3) A person or business working on a
suspended license shall be considered to be operating without a current license
and shall be subject to the applicable discipline and penalties.
h) Amending Current Fire Equipment
Distributor Licenses
1) Any fire equipment
distributor that changes its address or other contact information (phone,
email, etc.), shall inform the Office in writing within 10 business days after
the change and pay any requisite processing fees under Section
251.250.
2) Adding Classifications
A) Any fire equipment distributor that
applies for an additional classification prior to the expiration date of the
current license, shall apply in accordance with subsection (e) for the
classifications to be added.
B) The
expiration date of the license for an added classification of fire equipment
distributor license shall be the same as for the existing classifications of
the fire equipment distributor license. For example, for a fire equipment
distributor license with a license expiration date of October 1, 2025, when
adding a classification of license on February 1, 2025, all classifications of
license would expire on October 1, 2025.
C) Any fire equipment distributor that
applies for additional classifications at the time of renewal shall apply in
accordance with subsection (e). The expiration date of added classifications
shall be the same as for the renewed license.
i) Changes Requiring Application for a New
License
1) Any fire equipment distributor must
apply for a new license within 10 business days after:
A) Any change in the name of the fire
equipment distributor;
B) Any
change in business organization; or
C) Any transfer of 51% or more of the equity
of the fire equipment distributor during a single licensing period.
2) At any time when a fire
equipment distributor must apply for a new license, the fire equipment
distributor must also apply for new licenses for any related fire equipment
employees.