Title 41 Ill. Adm. Code — Fire Protection

Chapter I Office of the State Fire Marshal

Part 100 Fire Prevention and Safety

41 Ill. Adm. Code 100.1 Introduction

Pursuant to authority conferred upon the Office of the State Fire Marshal (OSFM) by Section 9 of the Fire Investigation Act [425 ILCS 25], this Part is adopted to establish the OSFM requirements for the investigation and prevention of fire and dangerous conditions in and near buildings and other structures.

History

• Source: Amended at 43 Ill. Reg. 10008, effective January 1, 2020

41 Ill. Adm. Code 100.2 Definitions

"Act" means the Fire Investigation Act [425 ILCS 25].

"Authority Having Jurisdiction" or "AHJ" means the OSFM and local government authorities.

"Fire Safety Evaluation System" or "FSES" means a fire risk indexing approach to determining equivalencies to NFPA 101 for certain occupancies.

"Life Safety Code" or "NFPA 101" means NFPA 101, Life Safety Code as incorporated by reference in Section 100.7.

"Local Government Authorities" means those organizations that are the political governing unit of a county, district or municipality that enforces laws, regulations or ordinances within its specific geographical area.

"NFPA" means the National Fire Protection Association.

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

"State Fire Marshal" means the State Fire Marshal, his or her deputies, inspectors or designees.

History

• Source: Added at 43 Ill. Reg. 10008, effective January 1, 2020

41 Ill. Adm. Code 100.3 Title; Jurisdiction; Powers; Responsibility of Owners, Occupants or Lessees; Penalties; Right of Entry; Reference to Documents; Fire Prevention and Safety Standards Equal to or Higher Than This Part

a) Title

This Part shall be known and cited as the Fire Prevention and Safety Rules.

b) Jurisdiction

The provisions of this Part shall apply to localities within Illinois.

c) Powers

1. OSFM is authorized and directed to enforce the provisions of this Part (see subsection (f)). The State Fire Marshal shall make, or cause to be made, inspections of buildings, structures and premises to determine conformity of those buildings, structures and premises with this Part and to ensure safety to life and property from fire or other emergency requiring evacuation of the building, structure or premises.

2. All local officers charged with the duty of investigating fires shall enforce this Part, under the direction of OSFM, except in those localities that have adopted fire prevention and safety standards equal to or higher than the standards adopted by this Part [425 ILCS 25/9].

3. OSFM will inspect buildings based upon requests from agencies of State and local government, complaints from the public, known or observed violations, potential for loss of lives from fire in given occupancies where statutes or rules mandate inspections by OSFM or where an inspection of a structure or an occupancy is necessary to prevent fire or to minimize the dangers of fire. The inspections shall be conducted in accordance with this Part, subject to available resources.

4. OSFM shall allow the use of the edition of NFPA 101, Life Safety Code currently adopted by the federal Centers for Medicare and Medicaid Services (CMMS) in occupancies subject to CMMS regulatory authority or reimbursement requirements.

5. Except as otherwise provided by statute or interagency agreement, all State-owned buildings and buildings that fall under the scope of the Fire Sprinkler Dormitory Act [110 ILCS 47] and the Greek Housing Fire Safety Act [110 ILCS 130] are subject to inspection by OSFM and are required to comply with NFPA 101, Life Safety Code (2015) as adopted by this Part.

d) Responsibility of Owners, Occupants or Lessees

It is the responsibility of the owner, occupant or lessee to ensure his or her building and occupancy comply with this Part or a code that provides a degree of fire safety equal to or higher than that required by this Part.

e) Penalties

The penalties for violation of this Part shall be those stated in the Act [425 ILCS 25].

f) Right of Entry

OSFM and the officers of cities, villages, towns, and fire protection districts charged with the duty of investigating fire by the Act shall, under the direction of OSFM, inspect and examine, at reasonable hours, any premises and the building and other structures on that premises to determine whether there are any violations of this Part or of the local ordinances for the protection of life and property from fire or other dangerous condition [425 ILCS 25/9]. Local AHJs are empowered and directed to invoke any provisions of this Part to enforce correction of any condition hazardous to life and property from fire or other emergency.

g) Fire Prevention and Safety Standards Equal to or Higher Than This Part. OSFM may consider codes adopted by local AHJs to be equal to or higher than this Part (as that phrase is used in Section 9 of the Act) when the code meets one or more of the following six criteria:

1. The local AHJ has demonstrated, to the satisfaction of OSFM, that the code adopted by the local AHJ is identical in its entirety to this Part;

2. The local AHJ has demonstrated, to the satisfaction of OSFM, that the code adopted by the local AHJ incorporates every provision of this Part in its entirety, as well as providing more stringent requirements;

3. The local AHJ has demonstrated, to the satisfaction of OSFM, that the code adopted by the local AHJ incorporates a subsequent edition of NFPA 101, Life Safety Code in its entirety (see Section 100.9);

4. The code adopted by the local AHJ is the subject of an agreement between that local AHJ and OSFM in which OSFM has attested to the fact that the local AHJ's code is equal to or higher than this Part;

5. The model codes, listed in subsections (g)(5)(A) and (B) when adopted in their entirety by a unit of local government, will be considered as providing equivalent fire safety. The unit of local government may amend its adoption limited to all or part of the modifications found in 41 Ill. Adm. Code 100.7(c).

A) For new occupancies or construction:

i) Local jurisdictions that have adopted and enforce the International Code Council's International Building Code and International Fire Code; 2012 edition, 2015 edition, or 2018 edition.

ii) Local jurisdictions that have adopted and enforce NFPA 5000; 2012 edition, 2015 edition, or 2018 edition.

B) For existing occupancies or buildings:

i) Occupancies in those local jurisdictions that were constructed and maintained in accordance with the International Code Council's International Building Code and International Fire Code; 2000, 2003, 2006, 2009, 2012, 2015, or 2018 edition.

ii) Occupancies in those local jurisdictions that were constructed and maintained in accordance with NFPA 5000; 2003, 2006, 2009, 2012, 2015, or 2018 edition; or

6. The local AHJ has otherwise demonstrated, to the satisfaction of OSFM, that its local code is equal to or higher than this Part, based upon all of the following factors:

A) The Chief local official charged with the duty of investigating fires under the Act affirmatively asserts in writing that the local authority uses a fire and life safety code that, in its entirety, is equivalent with this Part when viewed holistically;

B) OSFM concurs that the local authority uses a fire and life safety code that, in its entirety, is equivalent with this Part when viewed holistically;

C) The local authority has a dedicated fire prevention inspection capability;

D) The local authority has its own dedicated administrative enforcement capability; and

E) The local authority has its own dedicated civil/criminal enforcement capability.

History

• Source: Amended at 43 Ill. Reg. 10008, effective January 1, 2020

41 Ill. Adm. Code 100.4 Building Construction Types (repealed)

History

• Source: Repealed at 25 Ill. Reg. 11919, effective January 1, 2002

41 Ill. Adm. Code 100.5 Fire Areas (repealed)

History

• Source: Repealed at 25 Ill. Reg. 11919, effective January 1, 2002

41 Ill. Adm. Code 100.7 Adoption of Nfpa 101, Codes and Standards

a) OSFM hereby adopts the nationally-recognized standards, codes and guides listed as incorporated standards in subsection (b), subject to OSFM modifications listed in subsection (c). Standards incorporated by reference in this Part do not include any later editions or amendments, unless explicitly stated otherwise in this Part.

b) Incorporated Standards

National Fire Protection Association

Batterymarch Park

Quincy MA 02269

NFPA 101, Life Safety Code (2015) (adopted in its entirety, subject to the OSFM modifications in subsection (c)).

NFPA 101, Life Safety Code (2000) (only to the extent cited in subsections (c)(1), (c)(2) and (c)(6)).

NFPA 101A, Guide on Alternative Approaches to Life Safety (2016).

NFPA 101A, Guide on Alternative Approaches to Life Safety (2001) (only to the extent cited in subsection (c)(1)).

NFPA 914, Code for Fire Protection of Historic Structures (2010) (only to the extent cited in Section 100.8).

NFPA 80, Standard for Fire Doors and Other Opening Protectives (2013) (only to the extent cited in subsection (c)(10)(I)).

NFPA 1, Fire Code (2015) (only to the extent cited in subsection (c)(11)).

c) Modifications to the Life Safety Code

1. High Rise Buildings

All existing high rise buildings, as defined in NFPA 101, Life Safety Code (all applicable Sections), shall comply with the sprinkler requirements prescribed in the 2000 edition of NFPA 101, Life Safety Code, effective January 1, 2002. Use of a Fire Safety Evaluation System (FSES) for compliance with this Section must adhere to NFPA 101A, Guide on Alternative Approaches to Life Safety (2001).

2. Assembly Occupancies

All existing assembly occupancies, as defined in NFPA 101 (Chapter 13), shall comply with the sprinkler requirements prescribed in the 2000 edition of NFPA 101, Life Safety Code, effective January 1, 2002.

3. Day Care Occupancies

A) Child Care Facilities (see the Child Care Act of 1969 [225 ILCS 101])

i) For purposes of determining the occupancy subclassification of a day care facility, the current version of the following Department of Children and Family Services rules will be applied: 89 Ill. Adm. Code 406, 407 and 408. This is applicable to licensed and nonlicensed facilities.

ii) Child-to-staff ratios in day care facilities shall comply with 89 Ill. Adm. Code 406, 407 and 408 and with the Child Care Act of 1969 [225 ILCS 10]. Any conflicting provisions of NFPA 101, Life Safety Code are inapplicable to day care facilities.

iii) In day care homes in which clients occupy a level below the level of exit discharge, means of escape shall be provided in accordance with either the applicable requirements of NFPA 101, Life Safety Code (2015) or with one of the following:

• If a means of escape discharging directly to the outside at the basement level is not provided, requiring occupants to traverse another level of the home to exit, the path of escape through the level of exit discharge shall be separated from the remainder of that level of the home by construction providing a minimum fire resistance rating of 1-hour; or

• The home shall be equipped with smoke alarms permanently powered by the building's electrical system and wired so that the actuation of one smoke alarm will actuate all the smoke alarms in the dwelling. At least one such smoke alarm shall be located on each level of the occupancy (excluding unoccupied attics and crawl spaces), and the path of escape through the level of exit discharge (from the basement door to the exterior door of the home) must be protected by automatic fire sprinklers. Listed residential sprinklers shall be used and the installation shall be made in accordance with 41 Ill. Adm. Code 109 and codes and standards referenced in that Part.

B) Windows for Rescue in Existing Day Care Centers

Windows for rescue required by NFPA 101, Life Safety Code (2015), Section 17.2.11.1, are not required for existing day care centers.

C) Day Care Homes − New and Existing

Day care homes shall be defined as new and existing based on the date the original home construction was completed and available for residency.

D) Smoke Detection in Corridors Outside Day Care Homes Located Within a Building of Another Occupancy

A smoke alarm system installed as prescribed in this subsection (c)(3)(D) shall be permitted to be used in day care homes located within a building of another occupancy in lieu of a smoke detection system connected to a fire alarm system as required by NFPA 101, Life Safety Code (2015), Sections 16.6.3.4.2 and 17.6.3.4.2:

i) Smoke alarms connected to the building's electric shall be installed in accordance with proper coverage standards in the corridor serving the day care home.

ii) Smoke alarms connected to the building's electric shall be installed in accordance with proper coverage standards within the day care home (see NFPA 101, Life Safety Code (2015)), Section 16.6.3.4 for new day care homes and Section 17.6.3.4 for existing day care homes) as well as within 15 ft of all sleeping rooms. NFPA 101, Life Safety Code (2015), Section 17.6.3.4.4 shall not be permitted to be used.

iii) All smoke alarms regulated by subsections (c)(3)(D)(i) and (ii) will be arranged so that operation of any smoke alarm shall cause all smoke alarms within the corridor and the day care home to sound.

4. One- and Two-Family Dwellings

NFPA 101, Life Safety Code (2015), Chapter 24 (One- and Two-Family Dwellings) is adopted as recommended guidelines only, except when referenced as being required for compliance with this Part.

5. Communicating Spaces

Corridors shall not be required to be separated from communicating spaces as required in NFPA 101, Life Safety Code (2015), Section 8.6.6, in new or existing occupancies, provided all of the following criteria are met:

A) The arrangement complies with all other requirements of Section 8.6.6(4), including, if applicable, 8.6.6(4)(b);

B) The building is protected throughout by an approved automatic sprinkler system; and

C) Two means of egress are provided to occupants of the building on each floor that is served by the communicating opening that do not require the use of the stairway located within the communicating space, as defined in NFPA 101, Section 8.6.6.

6. Mixed Occupancies

All existing mixed occupancies, as defined by NFPA 101, Life Safety Code, shall, at minimum, continue to comply with the requirements of Section 6.1.14 of NFPA 101, Life Safety Code (2000), effective January 1, 2002, but shall also be permitted to comply with the requirements of Section 6.1.14 of NFPA 101, Life Safety Code (2015).

7. Determination of "Story" in Occupancies

The criteria for what a "story level" is, as found in NFPA 101, Life Safety Code (2015), Section 16.1.1.8 and 17.1.1.8 are permitted to be used for all occupancies found in NFPA 101, Life Safety Code (2015).

8. Use of NFPA 101A for Apartment Building Occupancies

NFPA 101A, Guide on Alternative Approaches to Life Safety (2016), Sections 7.6 and 7.7, may be used to demonstrate equivalent protection in apartment buildings, regardless of whether they contain board and care occupancies or house board and care clients receiving personal care services.

9. Means of Egress Design to Travel to Direct Exits and Travel to Windows for Rescue in Educational Occupancies and Day Care Centers

Travel to exits or to windows for rescue shall be permitted as follows in educational occupancies and day care centers:

A) Travel directly from one room through adjoining rooms to reach an exit without entering a corridor may be permitted as long as the travel distance does not exceed 150 ft and doors located between the rooms are not locked or obstructed and other requirements found in NFPA 101, Life Safety Code (2015) are met.

B) Travel directly from one room through adjoining rooms without entering a corridor to reach a window for rescue may be permitted as long as the travel distance does not exceed 75 ft and doors located between the rooms are not locked or obstructed and other requirements found in NFPA 101, Life Safety Code (2015) are met.

C) Travel may be considered to be within a single room if two or more rooms are connected using openings that are at least 60 inches in clear width without any doors.

10. Door Locking to Prevent Unwanted Entry

Occupancies shall be permitted to provide locking to prevent unwanted entry as long as all of the following requirements are met:

A) The locking means is approved and complies with NFPA 101, Life Safety Code (2015);

B) The locking means can be engaged without opening the door;

C) The unlocking and unlatching from the occupied side of the door can be accomplished without the use of a key or tool;

D) For existing occupancies only, the unlocking and unlatching requires not more than two releasing operations. For new occupancies, unlocking and unlatching requires no more than one releasing operation;

E) The unlocking and unlatching means are mounted at a height not exceeding 48 inches above the finished floor;

F) Locks, if remotely engaged, can be unlocked from the occupied side;

G) The door is capable of being unlocked and opened from outside the room by staff with the necessary key or other credential;

H) The locking means does not modify the door closer, panic hardware, or fire exit hardware;

I) Modifications to fire door assemblies, including door hardware, shall be in accordance with NFPA 80, Standard for Fire Doors and Other Opening Protectives (2013);

J) The emergency response plan addresses the use of the locking and unlocking means from within and outside the room;

K) Staff is drilled in the engagement and release of the locking means, from within and outside the room, as part of the emergency response plan; and

L) If doors are replaced, the new door shall comply with unlocking and unlatching that does not require more than one releasing operation.

11. Use of Combustible Vegetation in Buildings

Combustible vegetation within buildings shall comply with NFPA 1, Fire Code (2015), Section 10.13.

12. Windows for Rescue and Windows Used as a Secondary Means of Escape

Where windows for rescue are required or where they are used as a secondary means of escape, the bottom sill of the window shall be not more than 44 inches above the floor as required by NFPA 101, Life Safety Code (2015), or a permanently fixed stair or ramp shall be installed at the window to allow occupants to be within 44 inches of the bottom window sill when standing atop the stair or ramp. The stair or ramp shall be at least the width of the window or a minimum of 36 inches in width, whichever is larger.

13. Size and Access to Secondary Means of Escape

If a window is used as a secondary means of escape as permitted by NFPA 101, Life Safety Code (2015) and the size is not in accordance with NFPA 101, Life Safety Code (2015), the owner or operator of the facility using this window as a secondary means of escape must demonstrate to an on-site representative of OSFM that all occupants (staff and clients) can escape through the window to the exterior of the facility in 3 minutes or less.

d) The materials incorporated by this Section are on file with OSFM at the following locations:

1035 Stevenson Drive

Springfield IL 62703-4259

James R. Thompson Center

100 W. Randolph Street, Ste. 4-600

Chicago IL 60601

History

• Source: Amended at 43 Ill. Reg. 10008, effective January 1, 2020

41 Ill. Adm. Code 100.8 Historic Structures

Owners, operators or other responsible parties of a historic structure, as defined in NFPA 914, Code for Fire Protection of Historic Structures (2010), may elect to comply with NFPA 914 (2010).

History

• Source: Added at 43 Ill. Reg. 10008, effective January 1, 2020

41 Ill. Adm. Code 100.9 More Recent Editions of the Code

Use of a newer edition of NFPA 101, Life Safety Code in its entirety will be considered equivalent to use of NFPA 101, Life Safety Code (2015) and may be considered by OSFM to be equal to or higher than this Part, as required by Section 100.3(g)(3).

History

• Source: Added at 43 Ill. Reg. 10008, effective January 1, 2020

41 Ill. Adm. Code 100.10 Appeal of an Administrative Action

a) Any person aggrieved by a decision or order of OSFM may, as a matter of right, appeal that action.

b) Appeals from a decision or order of OSFM shall be instituted by filing a written request for a hearing, in the format required by 41 Ill. Adm. Code 210, no later than 10 days following receipt of the decision or order of OSFM. Requests will be deemed to be timely if they are postmarked no later than the time period allowed.

c) All appeal requests under this Part shall be mailed to:

Office of the State Fire Marshal

Division of Fire Prevention

1035 Stevenson Drive

Springfield IL 62703

History

• Source: Added at 43 Ill. Reg. 10008, effective January 1, 2020

41 Ill. Adm. Code 100.11 Severability

If any provision or Section of this Part shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions and Sections shall not in any way be affected or impaired.

History

• Source: Added at 43 Ill. Reg. 10008, effective January 1, 2020

41 Ill. Adm. Code 100.110 Modification of Nfpa 101 (1985) for Existing Day Care (repealed)

History

• Source: Repealed at 25 Ill. Reg. 11919, effective January 1, 2002

41 Ill. Adm. Code 100.APPENDIX A Modification of Standards Referenced in Nfpa 101 (repealed)

History

• Source: Repealed at 25 Ill. Reg. 11919, effective January 1, 2002

Part 105 Fireworks

41 Ill. Adm. Code 105.5 Introduction

Pursuant to authority conferred upon the Office of the State Fire Marshal by section 22 of AN ACT relating to the manufacture, possession, storage, transportation, sale, and use of fireworks throughout the State of Illinois, filed July 11, 1935, Illinois revised Statutes 1979, ch. 127½, par. 122, as amended, the following rules and regulations are hereby adopted in relation to the manufacture, possession, storage, transportation, sale and use of fireworks.

History

• Source: Recodified from 41 Ill. Adm. Code 100.81 at 11 Ill. Reg. 5992

41 Ill. Adm. Code 105.10 Fireworks Plant Fencing

a) Specifications and Maintenance. The fence required by section 13 (a) of the fireworks act referred to above, Ill. Rev. Stat., ch. 127½, par. 113 (a), shall substantially meet the specifications set forth in Rules 1.01 through 1.06 (41 Ill. Adm. Code Section 100.82 (a) through (g)) and shall be properly maintained at all times.

b) Height. The fence shall be not less than seventy-two (72) inches high at all points.

c) Support. The fence shall be firmly attached to or rigidly supported by steel or wood posts set on not more than ten (10) foot centers anchored in firm ground not less than twenty-four (24) inches deep.

d) Top Arm. The fence shall have an arm securely fastened on top and extending outward at an angle of not less than thirty-five (35) degrees nor more than one hundred eighty (180) degrees, except that the arm on a gate may be vertical. The arm atop the fence shall be not less than twelve (12) inches wide and extend the length of the fence. The arm atop the fence shall carry three (3) strands of barbed wire spaced not less than five (5) inches apart. The barbed wire shall consist of a double cable of no. 14 gauge, or heavier, galvanized steel wire with two or more point barbs tightly and doubly twisted around and through the cable wires and set not more than six (6) inches apart.

e) Fence Structure. The vertical part of said fence shall consist of line and stay wires. The bottom line wire shall be flush with the ground. The stay wires shall be welded to or interwoven with the line wires and spaced on not more than two (2) inch centers forming a rectangle or diamond shape mesh. The line wires and stay wires may be interwoven as to form chain links. All line wires and stay wires shall be of no. 11 gauge, or heavier, steel galvanized wire.

f) Gates. All openings in the fence shall be equipped with metal gates which shall be kept securely locked at all times, except when in actual use, provided that the main gate of the plant may be left open during the regular hours of plant operation while in plain view of and under observation by authorized employees or guards.

g) Material. Whenever a particular material is specified in these rules and regulations, material of at least equivalent strength and quality may be substituted.

History

• Source: Recodified from 41 Ill. Adm. Code 100.82 at 11 Ill. Reg. 5992

41 Ill. Adm. Code 105.20 Storage and Wholesaling of Class "c" (common) Fireworks

These Rules and Regulations shall apply to both existing and new facilities, except as specifically provided for herein.

a) Definitions

1. Class "C" or "Common Fireworks" are those so defined:

Class "C" of Common fireworks are fireworks devices designed primarily to produce visible effects by combustion. Some small devices designed to produce audible effects are also included in this class. The types, sizes and amount of pyrotechnic contents of these devices are limited as enumerated in this paragraph. No component, of any device listed in this paragraph, which produces or is intended to produce an audible effect shall contain pyrotechnic composition in excess of two grains in weight; nor any metal, glass or brittle plastic fragments. Common fireworks must be in a finished state exclusive of mere ornamentation as supplied to the trade and must be so constructed and packed that loose pyrotechnic composition will not be present in packages in transportation or storage.

2. "Storage": shall mean net weight quantities of 100 lbs. or more of Class "C" fireworks.

3. "Net weight": Shall mean the weight of the finished product, the display packaging, and the first or smallest unit shipping container.

4. "Inhabited building": For the purpose of this section means a building or structure regularly used in whole or in part as a place of human habitation. The term inhabited building shall also mean any church, school, store, passenger station, airport terminal, and any other structure where people are accustomed to congregate or assemble, but excluding any building used for the manufacture, transportation, and storage of fireworks.

b) All storage of Class "C" fireworks in quantities of 100 lbs. or more, net weight, shall conform to the distances, type height of construction, and fire protection systems requirements of Tables #1 and #2, of these Rules and Regulations.

c) Existing structures used for the storage of 100 lbs. or more (net weight) of Class "C" fireworks which cannot be brought into compliance with the distance or type of construction requirements of Table #1 may continue in use by compliance with the following provisions:

1. Exterior walls shall be of two-hour fire resistive construction. Two-hour fire resistive construction shall be as defined in National Fire Protection Association #220, Types of Building Construction, 1980 Edition, Chapter 2, Para. 2-1. There is no specification as to materials required provided that performance criteria are met.

2. All portions of the structure used for the storage of Class "C" fireworks shall be protected by an automatic sprinkler system, installed and maintained in accordance with National Fire Protection Association #13, Installation of Sprinkler Systems, 1980 Edition.

3. The entire structure has a standard fire alarm system installed to consist of the following:

A) Automatic detection consisting of smoke detectors where appropriate, heat detectors in areas where smoke detection cannot be used.

B) Manual pull stations on each floor and at all exits.

C) The system connected to the fire department or other approved central station as required in the Illinois Rules and Regulations for Fire Prevention and Safety.

4. Such existing structure has no storage of Class "C" fireworks above the second floor or below the first floor.

5. In storage facilities of 300 square feet or more, at least two means of egress, remote from each other, are provided. The need for additional means of egress shall be determined by applying the 1981 Edition, Life Safety Code, National Fire Protection Association #101, Chapter 5.

d) The owner/operator of each storage and sales facility for Class "C" fireworks shall keep a record of all transactions and operations, involving fireworks for five (5) years. Such records shall show quantities (net weight) sold or shipped, in and out; such records shall be made available to authorized representatives of the Office of the State Fire Marshal.

e) Storage buildings containing Class "C" fireworks shall be separated from other buildings, magazines, and fireworks plant building in accordance with Table #2.

f) Storage buildings for Class "C" fireworks shall be vented, or in the alternative, shall be constructed in such a manner that venting will occur by yielding of weaker parts of the structure under pressure generated by burning fireworks.

g) All storage buildings shall be equipped with locking means for all openings.

h) All doors shall open outward, and all exits must be clearly marked. Aisles and exit doors should be kept free of any obstructions.

i) Only dust-ignition proof type electrical fixtures shall be used, and wiring shall comply with Section 502-4 (b) of National Fire Protection Association #70, the National Electrical Code, 1981 Edition. No wall receptacles are permitted; all light fixtures must have guards.

j) An outside master electrical switch shall be provided at each storage building where electricity is used. This switch must be placed in the OFF position when the last person leaves the premises daily. This switch may be secured with an approved locking device; such master switch shall not control the operation of any alarm systems for the building.

k) Storage Building Operations

1. When operations are being conducted in storage buildings, a competent person shall be in charge at all times. Such person shall be at least eighteen (18) years of age and shall be held responsible for the enforcement of all safety precautions.

2. Doors and other openings shall be kept locked, except during hours of operation.

3. Safety rules covering the operations of storage buildings shall be posted.

4. Containers shall be piled in a stable manner and height of storage, aisle width, and all other provisions of National Fire Protection Association #13, Installation of Sprinkler Systems, 1980, and National Fire Protection Association #231, Indoor General Storage, 1979 Edition, shall be adhered to.

5. Class "C" fireworks shall be stored in their original packaging and in unopened cases or cartons so as to take advantage of the insulation provided by such packaging; provided, however, unpackaged fireworks which have been returned may be temporarily retained in bins for re-packaging.

6. Tools used for opening containers of Class "C" fireworks shall be constructed of non-sparking material, except that metal slitters may be used for opening fiberboard containers.

7. Storage buildings shall be regularly swept, kept clean, dry, free of grit, paper, empty used packages and rubbish. Brooms and other cleaning utensils shall not have any spark-producing metal parts. Sweepings shall be properly disposed of.

8. When storage buildings need interior repairs, all fireworks shall be removed therefrom and the interior cleaned.

9. In making exterior storage building repairs, when there is a possibility of causing sparks or fire, the fireworks shall be removed from the storage building.

10. Fireworks removed from a storage building under repair shall either be placed in another storage building or placed a safe distance from the storage building where they shall be properly guarded and protected until repairs have been completed. Upon completion of repairs, the fireworks shall be properly returned to the storage building.

l) Miscellaneous Safety Precautions

1. Smoking, matches, open flames, spark producing devices and firearms shall not be permitted inside storage buildings. Smoking, matches, open flames, spark producing devices and firearms shall not be permitted within 25 feet of storage buildings. Existing storage facilities with a property line less than 25 feet to the nearest portion of the building shall not permit such prohibited material in the area between the property line and the building.

2. The land surrounding storage buildings shall be kept clear of brush, dried grass, leaves, and similar combustibles for a distance of at least twenty-five (25) feet, except for such existing facilities as cannot meet the distance requirements of Table #1.

3. There shall be conspicuously posted signs with the words "FIREWORKS – NO SMOKING" in letters not less than four inches high.

4. Heat-producing devices when used shall not be located within the storage building, hear shall be provided through ducts, or piping. Entry into the boiler/furnace room shall be from the outside. No openings into the boiler/furnace room from the storage building shall be allowed. Ductwork shall have smoke and fire dampers at each duct opening into the storage building.

5. Re-packaging of fireworks shall not be done in any facility used for the storage of 500 or more pounds of Class "C" fireworks, unless the re-packaging activity is separated from storage by two-hour fire resistive construction. Only that amount of fireworks necessary for one days re-packaging may be kept in the re-packaging room or area.

m) Quantity-Distance Separation Tables

Table 1. Minimum separation, and construction requirements of Class "C" fireworks storage structures from inhabited buildings, passenger railways, and public highways.

Net Wt. of Frwks.

Bldg. Const.

Fire Alarms

Sprinklers

Distance from Passing. Railways & Public Highways

Distance From Inhabited Bldgs.

Class C Frwks

Class C Frwks

Pounds

Feet

Feet

100

Ord

Cons

N/A*

N/A

25

50

200

"

"

"

"

30

60

400

"

"

"

"

35

70

600

"

"

"

"

40

80

800

"

"

"

"

45

90

1,000

Ord

Cons

F.A.**

N/A

50

100

2,000

"

"

"

"

58

115

3,000

"

"

"

"

62

124

4,000

"

"

"

"

65

130

5,000

Non-Comb

F.A.

N/A

68

135

6,000

"

"

"

"

70

139

8,000

"

"

"

"

73

140

10,000

"

"

"

"

75

150

15,000

"

"

F.A.

Sprinklers

80

159

20,000

"

"

"

"

83

165

30,000

"

"

"

"

87

174

40,000

"

"

"

"

90

180

50,000

"

"

"

"

93

185

60,000

"

"

"

"

95

189

80,000

Fire-Res

F.A.

Sprinklers

98

195

100,000

"

"

"

"

100

200

150,000

"

"

"

"

105

209

200,000

"

"

"

"

108

215

250,000

"

"

"

"

110

220

*N/A Not Applicable

**F.A. Fire Alarm Systems

n) Minimum Separation Distances at Fireworks Manufacturing Plants

Net Weight Fireworks

Distances of Magazines and Storage Buildings from Nonprocess Buildings

Distance Between Process Buildings and Between Process and Nonprocess Buildings

Pounds

Class C Fireworks

Class C Fireworks

100

Feet

Feet

200

400

30

37

600

30

37

800

30

37

1,000

30

37

2,000

30

37

3,000

30

37

4,000

35

48

5,000

38

60

6,000

42

67

8,000

50

78

10,000

54

82

1. For the purposes of applying the separation distances in Table 2 a process building includes a mixing building, any building in which pyrotechnic or explosive composition is pressed or otherwise prepared for finishing and assembling, and any finishing and assembling building. A nonprocess building means office buildings, warehouses, and other fireworks plant buildings where no fireworks or explosive compositions are processed or stored.

2. Distances apply with or without barricades or screen-type barricades.

3. Distances included are those between magazines, between storage buildings, between magazines and storage buildings, between magazines or storage buildings from process buildings and nonprocess buildings.

History

• Source: Recodified from 41 Ill. Adm. Code 100.85 at 11 Ill. Reg. 5992

Part 109 Fire Sprinkler Contractor and Inspector Licensing Rules

41 Ill. Adm. Code 109.10 Purpose

The purpose of this Part is to regulate persons engaged in the business of servicing fire sprinkler systems, in the interest of safeguarding lives and property.

History

• Source: Amended at 47 Ill. Reg. 19159, effective December 6, 2023

41 Ill. Adm. Code 109.20 Applicability of Rules

This Part shall apply to all persons and businesses who desire to engage in fire sprinkler contracting in this State, except as otherwise exempted in subsection (c) of Section 15 of the Act.

History

• Source: Amended at 47 Ill. Reg. 19159, effective December 6, 2023

41 Ill. Adm. Code 109.30 Definitions

The following definitions shall apply to this Part:

"Act" means the Fire Sprinkler Contractor Licensing Act [225 ILCS 317].

"Applicant" means an entity that either applies for a fire sprinkler contractor license directly or applies on behalf of a candidate for a fire sprinkler inspector license; for the purpose of a fire sprinkler inspector license, the applicant shall be the fire sprinkler contractor that intends to employ the fire sprinkler inspector.

"Authority having jurisdiction" or "AHJ" means the Office and governmental authorities.

"ASSE" means the American Society of Sanitary Engineering.

"Business" means any person engaged in the business of servicing fire sprinkler systems in the State of Illinois.

"Candidate" means a certified or otherwise qualified individual for whom a fire sprinkler contractor has applied to license as a fire sprinkler inspector.

"Designated certified person" means an individual who has met the qualifications set forth in Section 20 of the Act and who is designated by the fire sprinkler contractor on a full time basis to provide supervision and to assure that each fire sprinkler system is serviced in accordance with this Part.

"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 of the Act. [225 ILCS 317/10]

"Fire sprinkler contractor" means a person or business that holds itself out to be in the business of providing service for a fire sprinkler system or contracts with a person or business to provide service for a fire sprinkler system. [225 ILCS 317/10]

"Fire sprinkler inspector" means an individual who is qualified to perform routine inspection or testing of fire sprinkler systems pursuant to Section 17 of the Act and who is employed or contracted by a fire sprinkler contractor. [225 ILCS 317/10]

"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 (77 Ill. Adm. Code 890)) and ending at the most remote fire sprinkler. "Fire sprinkler system" includes but is not limited to a fire sprinkler system in 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. [225 ILCS 317/10]

"Install" or "installation" means the initial placement of the fire sprinkler system or its extension or alteration after initial placement.

"License" means a biennial license issued by the Office pursuant to the Act and this Part.

"Licensee" means a person or business organization licensed in accordance with the Act. [225 ILCS 317/10]

"NFPA" means the National Fire Protection Association.

"NICET" means the National Institute for Certification in Engineering Technologies. [225 ILCS 317/10]

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

"Officer" means an individual within a business who, if the business is a:

sole proprietorship, the owner of the business or any individual exercising managerial control;

partnership, any partner who has at least 10% ownership interest or any partner who exercises managerial control; or

corporation, any corporate officer or director of the corporation or any individual who has at least 10% ownership interest in such corporation or who exercises managerial control.

"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 a department thereof, any other State-owned and operated institution, or any other entity. [225 ILCS 317/10]

"Repair" means any work after the initial installation to correct and maintain the fire sprinkler system to provide performance as originally planned.

"Responsible managing employee" means the individual designated on a full time basis, by the fire sprinkler contractor that is not required to have a designated certified person under Section 120 of the Act, to provide supervision and to assure that each fire sprinkler system is serviced in accordance with this Part. [225 ILCS 317/10]

"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. [225 ILCS 317/10]

"Service" means work on a fire sprinkler system, including, but not limited to, installation, repair, inspection, testing, and maintenance. [225 ILCS 317/10]

"State Fire Marshal" means the Executive Director of the Office of the State Fire Marshal of the State of Illinois.

"Supervision" means the direction and management by a designated certified person or by the responsible managing employee, as applicable, of the activities of certified or non-certified personnel of the fire sprinkler contractor in the service of fire sprinkler systems. [225 ILCS 317/10]

History

• Source: Amended at 47 Ill. Reg. 19159, effective December 6, 2023

41 Ill. Adm. Code 109.40 Application for Fire Sprinkler Contractor License

a) No person or business shall act as a fire sprinkler contractor 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. [225 ILCS 317/12]

b) Any person or business that services any fire sprinkler system must be licensed as a fire sprinkler contractor. If performing routine inspection or testing, then a fire sprinkler inspector license under Section 109.45 is also required, except as provided in subsection (c) of Section 15 of the Act.

c) License Relationship:

1. A fire sprinkler contractor that performs routine inspection or testing of a fire sprinkler system shall employ at least one licensed fire sprinkler inspector at the time of the routine inspection or testing. A fire sprinkler contractor may hold dual licenses as a fire sprinkler contractor and a fire sprinkler inspector if the individual meets the qualifications for each license separately as set forth in this Part. An individual who:

A) holds both a fire sprinkler contractor license and a fire sprinkler inspector license; and

B) performs the routine inspection or testing, meets the requirement to employ at least one licensed fire sprinkler inspector at the time of the routine inspection or testing.

2. A fire sprinkler contractor shall follow the process set forth in Section 109.60 regarding notice to the Office of the termination of a fire sprinkler inspector's employment.

d) Application for Licensure as a Fire Sprinkler Contractor

1. An applicant for a fire sprinkler contractor license shall submit to the Office:

A) A completed application form provided by the Office.

i) The application shall include the name and address of the business, along with an email address. 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.

ii) The names and personal addresses of all officers of the business applying.

iii) If an assumed name is to be used, a copy of the assumed name certificate for the business.

iv) The name and personal address of the designated certified person or the responsible managing employee, as applicable.

B) Proof of credentials for a designated certified person or responsible managing employee.

i) For a designated certified person the applicant shall provide:

· a copy of the individual's current Illinois Professional Engineers License or current NICET Level III or higher certification in water-based fire protection systems layout [225 ILCS 317/20]; and

· an affirmative statement signed by the individual acknowledging his or her role as the designated certified person for the fire sprinkler contractor. [225 ILCS 317/20(g)].

ii) For a responsible managing employee, the applicant shall provide:

· the responsible managing employee's qualifications and last three years of work experience;

· the name, address and telephone number for each person who can verify those qualifications and work experience; and

· an affirmative statement signed by the individual acknowledging the individual's role as the responsible managing employee for the fire sprinkler contractor.

C) A Certificate of Insurance for personal injuries of not less than $500,000 per person or $1,000,000 per occurrence, and, in addition, not less than $1,000,000 per occurrence for property damage. [225 ILCS 317/35] A new certificate of insurance shall be provided to the Office prior to the expiration date of any certificate of insurance in effect during the license period. The certificate of insurance shall provide for the Office to receive written notice of cancellation no less than 30 days in advance of termination of the certificate.

D) Provide evidence of compliance with the Illinois Workers' Compensation Act [820 ILCS 305].

E) An organizational chart for each business location showing the supervisory duties of the designated certified person or responsible managing employee.

F) 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 fire sprinkler contracting.

G) 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.

H) Additional business documents, as applicable:

i) A corporation, including limited liability corporations, shall provide evidence of current registration in good standing with the Illinois Secretary of State as an Illinois corporation or evidence of compliance with the Assumed Business Name Act [805 ILCS 405]. A foreign corporation must submit a copy of the Certificate of Authority to transact business in this State.

ii) Partnerships shall submit an affidavit stating that the partnership has been legally formed.

iii) Limited partnerships shall submit a letter of authority from the Secretary of State's Limited Partnership Department.

2. Continuing Education for Renewal

A) For renewal applications, the designated certified person or responsible managing employee must provide proof that the individual has completed at least 16 hours of continuing education since the issuance of the current license, with at least 8 hours of continuing education completed during each year of the current license.

B) A designated certified person or responsible managing employee who holds a current license as a professional engineer or has a current NICET Level III or IV certification in water-based fire protection systems layout shall be deemed to have met the continuing education requirement. [225 ILCS 317/35(b)]

3. Upon submission of the completed application, including all requisite information and documentation, the Office shall 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, the Office may refuse to issue a fire sprinkler contractor 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 an application by the Office shall 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 shall invoice the applicant who meets all conditions for licensure for the fee amount in accordance with Section 109.150. No license shall be issued until the applicable fees have been paid.

6. Upon receipt of the requisite fee amount, the applicant shall be assigned a fire sprinkler contractor license number and issued a certificate of licensure. The certificate shall be prominently displayed in the business location of the fire sprinkler contractor, or in a location where the Office or AHJ may readily verify the fire sprinkler contractor is licensed. The certificate shall bear the following information:

A) Name and street address of the fire sprinkler contractor;

B) The fire sprinkler contractor license number; and

C) The date of issuance and date of expiration.

7. If the business has more than one business location from which it will service fire sprinkler systems, then each location that a business contracts business out of shall require:

A) a separate designated certified person or responsible managing employee; and

B) a separate license.

e) Maintaining Conditions of Licensure

1. A fire sprinkler contractor is required to maintain in effect the conditions under which the fire sprinkler contractor was licensed, or the license shall be suspended.

2. A fire sprinkler contractor that has required documentation or certifications under subsection (d) that expire or lose effect prior to the date of the license's expiration shall submit proof of replacement to the Office prior to the date on which the documentation or certificates expire.

3. A person working as a fire sprinkler contractor on a suspended license shall be subject to discipline and penalties under Section 109.120 or the Act.

History

• Source: Amended at 47 Ill. Reg. 19159, effective December 6, 2023

41 Ill. Adm. Code 109.45 Application for Fire Sprinkler Inspector License

a) No person shall act as a fire sprinkler inspector 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. [225 ILCS 317/12]

b) Beginning January 1, 2024, any individual that performs routine inspection or testing of fire sprinklers, whether part-time or full-time, must be licensed as a fire sprinkler inspector. An individual exempt from licensing as a fire sprinkler inspector under subsection (c) of Section 17 of the Act shall still perform routine inspection or testing in accordance with compliance standards [225 ILCS 317/17(c)].

c) No individual who is less than 21 years of age may be licensed as a fire sprinkler inspector.

d) License Relationship

1. Any individual who performs routine inspection or testing of any fire sprinkler system under the Act shall be employed by a licensed fire sprinkler contractor. [225 ILCS 317/17(a)]

2. A fire sprinkler inspector shall follow the process in Section 109.60 regarding notice to the Office of the termination of a fire sprinkler inspector's employment.

e) Application for Licensure as a Fire Sprinkler Inspector

1. The application for a fire sprinkler inspector license shall be submitted to the Office by the fire sprinkler contractor that is responsible for the employment of the candidate for fire sprinkler inspector license.

2. An applicant on behalf of a candidate for fire sprinkler inspector license shall:

A) Submit a completed application form provided by the Office, that includes the name and address of the candidate. The address shall be an actual street address and shall include the city, state, and zip code.

B) Submit a copy of the candidate's valid driver's license, valid state identification, or valid passport.

C) Submit a digital color photograph of the candidate;

i) The photograph must show the candidate from a front view with the candidate's full-face and head and shoulders visible. The Office shall reject photographs showing the candidate wearing sunglasses, hats, scarves, or any object that obscures the candidate's identity. Photographs must show the candidate wearing plain or company shirts, on a white background. Photographs shall be of sufficient quality to clearly identify the candidate.

ii) A candidate seeking a religious exemption to this photo requirement shall submit a set of the candidate's fingerprints through a Fingerprint Vendor licensed by the Illinois Department of Financial and Professional Regulation with the application in lieu of a photograph. [225 ILCS 317/22]

iii) A candidate who is 21 years of age or older seeking a religious exemption to the photograph requirement shall submit with his or her application an approved copy of United States Department of the Treasury Internal Revenue Service Form 4029. [225 ILCS 317/22]

D) Provide proof of the candidate's current certification or other qualifications under this Section, which shall include one of the following:

i) A current certification related to inspection and testing of fire sprinkler systems offered by a nationally recognized certification organization that is at an appropriate level. Examples of acceptable certifications include, but are not limited to: NICET certification in Inspection and Testing of Water Based Systems (Level III) and NFPA certification in Water-Based Inspection, Testing, and Maintenance. A copy of the certificate must be submitted to the Office;

ii) A current ASSE 15010 certification in inspection, testing, and maintenance for water-based fire protection systems by the American Society of Sanitary Engineering. [225 ILCS 317/17]. A copy of the certificate must be submitted to the Office; or

iii) Completion of a certified sprinkler fitter apprenticeship program approved by the U.S. Department of Labor [225 ILCS 317/17]. Proof of completion must be submitted to the Office.

E) A list of each license issued to the candidate by any state, local or federal governmental entity in the previous 3 years to engage in fire sprinkler inspecting or testing.

F) Provide a statement of whether the individual is currently subject to disciplinary action or has been adjudicated to have violated conditions of a license in any jurisdiction.

G) Continuing Education for Renewal

i) For renewal applications, the fire sprinkler inspector shall also provide proof that the individual has completed at least 16 hours of continuing education since the issuance of the current license, with at least 8 hours of continuing education completed during each year of the current license. [225 ILCS 317/35]

ii) A fire sprinkler inspector who holds a current certification under subsection (e)(2)(D)(i) or (ii) shall be deemed to have met the continuing education requirement.

3. Upon submission of the completed application, including all requisite information and documentation, the Office shall review the application for licensure. During review of the application for licensure, the Office shall consider past history of the candidate. Past history of the candidate includes, but is not limited to, any citations or other discipline imposed by any jurisdiction or any occurrences of unlicensed work. In addition to any other reason for refusal, the Office may refuse to issue a fire sprinkler inspector license on the basis of the past history of the candidate.

4. Failure to submit a completed application within 30 calendar days of initial receipt of an application by the Office shall cause the application to expire and a new, completed application must be submitted for review.

5. After reviewing the completed application, the Office shall invoice the applicant for a candidate who meets all conditions for licensure for the fee amount in accordance with Section 109.150. No license shall be issued until the applicable fees have been paid.

6. Upon receipt of the requisite fee amount, the candidate shall be assigned a fire sprinkler inspector license number and issued an identification card. This identification card shall be carried at all times the licensee is engaged in a licensed activity and shall be available to Office personnel or AHJ upon request. The identification card will bear the following information:

A) Name of the fire sprinkler inspector;

B) Fire sprinkler inspector license number; and

C) Date of Issue and Date of Expiration.

f) Maintaining Conditions of Licensure

1. A fire sprinkler inspector is required to maintain in effect the conditions under which the fire sprinkler inspector was licensed, or the license shall be suspended.

2. A fire sprinkler inspector whose required documentation or certification under subsection (d) 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 documentation or certification expire or lose effect.

3. An individual working on a suspended license shall be subject to the discipline and penalties under Section 109.120 or the Act.

History

• Source: Added at 47 Ill. Reg. 19159, effective December 6, 2023

Part 109 Fire Sprinkler Contractor Licensing Rules

41 Ill. Adm. Code 109.50 Communications by Business

A fire sprinkler contractor shall use the business name exactly as it appears on the license and the license number issued by the Office on all written communications. The license number shall appear on all advertisements after January 1, 2005.

Part 109 Fire Sprinkler Contractor and Inspector Licensing Rules

41 Ill. Adm. Code 109.60 Required Notifications to the Office

a) The fire sprinkler contractor must notify the Office in writing by mail within 30 calendar days after any of the following events:

1. If there is a change of officers, then the notification shall include the names and personal addresses of all new and current officers;

2. If there is a change in address of an existing business location that occurs other than at the time of renewal, then the licensee shall submit notification to the Office of the change of address and pay the fee for a corrected license in response to an invoice;

3. Whenever there is an addition, departure, or change in the designated certified person or responsible managing employee at a licensees' business location, then the notification shall include all the information and documentation required under Section 109.40(d)(1)(A)(iv);

4. If the fire sprinkler contractor ceases to operate; or

5. If the fire sprinkler contractor changes its name or business structure, then a new fire sprinkler contractor license application shall be filed with the Office in accordance with Section 109.40.

b) Termination of Fire Sprinkler Inspector Employment

1. Upon termination of employment of a fire sprinkler inspector, the fire sprinkler contractor and individual whose employment was terminated shall take steps to provide notice to the Office and return the fire sprinkler inspector identification card.

A) Within 5 business days after the termination of employment, the fire sprinkler contractor shall notify the Office, in writing, of the termination of employment, including the date of termination. The terminated individual may also notify the Office, but that does not relieve the fire sprinkler contractor of the responsibility to notify the Office.

B) The individual whose employment was terminated shall return to the fire sprinkler contractor, within 10 business days after termination of employment, their fire sprinkler inspector identification card issued by the Office to the fire sprinkler contractor.

C) Within 30 calendar days after the termination of employment, the fire sprinkler contractor shall destroy the fire sprinkler inspector identification card and provide notice to the Office of the destruction of the fire sprinkler inspector identification card.

2. The fire sprinkler inspector license is inactive on the day of termination of employment.

c) Notice required by this Section shall be provided to:

Office of the State Fire Marshal

Division of Fire Prevention

1035 Stevenson Drive

Springfield, Illinois 62703-4259

History

• Source: Amended at 47 Ill. Reg. 19159, effective December 6, 2023

41 Ill. Adm. Code 109.70 Termination of License

a) A fire sprinkler contractor license shall terminate if:

1. The fire sprinkler contractor ceases operation, including ceasing operations under corporate filing;

2. The fire sprinkler contractor ceases to operate under the name on the license;

3. The Certificate of Insurance is non-renewed or cancelled;

4. The license is revoked;

5. The fire sprinkler contractor fails to fill the vacant position of its designated certified person or responsible managing employee within 180 calendar days after the position becoming vacant; or

6. The fire sprinkler contractor's business structure is changed. Examples of a change of business structure include change from a sole proprietorship to a limited liability company, or from a partnership to a corporation.

b) If any fire sprinkler inspector is employed by a fire sprinkler contractor, and the fire sprinkler contractor's license is expired, revoked, or suspended, then any fire sprinkler inspector license associated with the fire sprinkler contractor license is subsequently expired, revoked, or suspended as well.

History

• Source: Amended at 47 Ill. Reg. 19159, effective December 6, 2023

41 Ill. Adm. Code 109.80 Display of License and Retention of Sprinkler System Plans

a) The current fire sprinkler contractor license shall be prominently displayed at the business location. The fire sprinkler inspector license shall be carried at all times when the fire sprinkler inspector is engaged in routine inspection or testing and shall be made available for verification by Office personnel and the AHJ upon request.

b) A set of as-built plans and hydraulic calculations, showing details of system piping, calculations, and alarm configurations, must be provided to the building owner or the building owner's representative by the fire sprinkler contractor when installation is complete.

c) The fire sprinkler contractor must maintain a set of as-built plans for the life of the sprinkler system.

d) Subsequent alterations or additions must be legibly noted on updated plans and provided to the building owner or the building owner's representative by the fire sprinkler contractor, except that, when an alteration involves 20 or fewer sprinklers and all floor areas were protected prior to the alteration, updated plans are not required. Updated plans are required for all alterations involving more than 20 sprinklers and additions to systems protecting previously unprotected areas. Updated plans must be maintained by the fire sprinkler contractor for the life of the fire sprinkler system.

e) In addition to the requirements in Section 109.110(c), all plans must bear the date of installation, alteration, or addition; the license number of the fire sprinkler contractor; and the name and signature of the designated certified person or responsible managing employee, as applicable, responsible for supervision of the installation, alteration, or addition.

History

• Source: Amended at 47 Ill. Reg. 19159, effective December 6, 2023

Part 109 Fire Sprinkler Contractor Licensing Rules

41 Ill. Adm. Code 109.90 Availability of Books, Records, Forms and Stationery

All books, records, forms and stationery associated with fire sprinkler contracting shall be made available to agents of the Office upon request. Failure or refusal to make these records available shall be grounds for disciplinary action.

Part 109 Fire Sprinkler Contractor and Inspector Licensing Rules

41 Ill. Adm. Code 109.100 Renewal of License

a) The two-year licensing period for each license issued under this Part shall begin on the date of original issue or renewal and end on the expiration date. The Office shall notify the fire sprinkler contractor, by issuance of a notice, 90 calendar days prior to the expiration of a license.

b) Failure of a licensee to receive the notice is not a valid reason for operating without a current license. Failure to receive a renewal notice from the Office shall not constitute an excuse for failure to pay the renewal fee or to renew a license.

c) An applicant or candidate for license renewal shall complete an application form provided by the Office in accordance with the licensing provisions set forth in either Section 109.40 or Section 109.45, as applicable.

d) In addition to the renewal fee, a reinstatement fee shall be assessed for each license renewal application filed after the expiration date of the license. The Office may waive the renewal fee and any reinstatement fee for a fire sprinkler contractor license for a sole proprietorship if the owner was on active duty in the military during the time the renewal was due or for a fire sprinkler inspector license if the individual was on active duty in the military during the time the renewal was due.

e) Any person working on an expired fire sprinkler contractor license shall be subject to discipline and penalties under Section 109.120 or the Act for such operation. If any individual is employed by a fire sprinkler contractor and holds a fire sprinkler inspector license, and the fire sprinkler contractor's license is expired, revoked, or suspended, then any fire sprinkler inspector license associated with the fire sprinkler contractor license is subsequently expired, revoked, or suspended. Any individual working on an expired fire sprinkler inspector license shall be subject to the discipline and penalties. A fire sprinkler contractor that permits an individual (employed by the fire sprinkler contractor) to perform routine inspection or testing without a current license shall also be subject to discipline and penalties under Section 109.120 or the Act.

f) Failure to renew an expired license within one year after the expiration date of the license shall terminate the license. A terminated license may not be renewed; however, a person or business whose previous fire sprinkler contractor license has been terminated may apply for a new license. A fire sprinkler contractor may apply for a new license for an individual whose previous fire sprinkler inspector license has terminated.

History

• Source: Amended at 47 Ill. Reg. 19159, effective December 6, 2023

41 Ill. Adm. Code 109.110 Compliance Standards

a) The fire sprinkler system shall be serviced (including installed, repaired, inspected, tested, and maintained) in accordance with the edition of the following copyrighted standards and recommended practices in effect at the time of service. These standards are available from the National Fire Protection Association, 1 Batterymarch Park, Quincy MA 02269-7471.

NFPA 11 – Standard for Low-, Medium-, and High-Expansion Foam

NFPA 13 − Standard for the Installation of Sprinkler Systems

NFPA 13D − Standard for the Installation of Sprinkler Systems in One-and Two-Family Dwellings and Manufactured Homes

NFPA 13R − Standard for the Installation of Sprinkler Systems in Low-Rise Residential Occupancies

NFPA 14 − Standard for the Installation of Standpipe and Hose Systems

NFPA 15 − Standard for Water Spray Fixed Systems for Fire Protection

NFPA 16 − Standard for the Installation of Foam-Water Sprinkler and Foam-Water Spray Systems

NFPA 20 − Standard for the Installation of Stationary Pumps of Fire Protection

NFPA 22 − Standard for Water Tanks for Private Fire Protection;

NFPA 24 − Standard for the Installation of Private Fire Service Mains and Their Appurtenances

NFPA 25 − Standard for the Inspection, Testing and Maintenance of Water-Based Fire Protection Systems

b) All equipment used in the service of a fire sprinkler system shall be tested and approved by either the Underwriters Laboratories, Inc. or Factory Mutual Laboratories, Inc.

c) Fire sprinkler system layout documents of fire sprinkler systems shall be prepared by:

1. a professional engineer who is licensed under the Professional Engineering Practice Act of 1989 [225 ILCS 312];

2. an architect who is licensed under the Illinois Architecture Practice Act of 1989 [225 ILCS 305]; or

3. a holder of a valid NICET Level III or IV certification in water-based fire protection systems layout who is either licensed under the Act or employed by an organization licensed under the Act. [225 ILCS 317/14] All design drawings of engineered fire sprinkler systems shall be stamped by an Illinois licensed professional engineer or architect prior to submittal to the authority having jurisdiction.

History

• Source: Amended at 47 Ill. Reg. 19159, effective December 6, 2023

Part 109 Fire Sprinkler Contractor Licensing Rules

41 Ill. Adm. Code 109.120 Administrative Actions

The failure to comply with the Act and this Part by any licensee may subject the licensee to administrative action, including, but not limited to, suspension, revocation or refusal to issue or renew a license and the assessment of fines.

Part 109 Fire Sprinkler Contractor and Inspector Licensing Rules

41 Ill. Adm. Code 109.123 Complaints

All complaints concerning violations regarding licensees or unlicensed activity shall be submitted to the Office, Division of Fire Prevention, in writing.

History

• Source: Added at 47 Ill. Reg. 19159, effective December 6, 2023

41 Ill. Adm. Code 109.130 Administrative Civil Fines

a) The Office may assess an administrative civil fine against any licensee who violates the Act or this Part.

b) Issuance of Administrative Civil Fine

1. The Office may issue an administrative civil fine and serve the administrative civil fine on the licensee. The administrative civil fine shall be deemed to have been properly served upon the licensee when a copy of the administrative civil fine has been sent by registered or certified mail to the licensee's last known address as furnished to the Office or by any other method authorized by law. [225 ILCS 317/65(a)] Each administrative civil fine shall be in writing and shall specifically describe the nature of the violation and its location and shall include a reference to the particular provision of the law, rule or standard alleged to have been violated. The notice of violation shall also state the amount of the administrative civil fine and the process for appeal.

2. Administrative civil fines issued under this Section shall not limit the authority of the Office under other sections of law to issue orders, revoke licenses, stop work on service of fire sprinkler systems, or take any other appropriate enforcement action.

c) In assessing the administrative civil fine, the Office shall consider the seriousness of the violation, whether the violation was corrected after notification to the fire sprinkler contractor or fire sprinkler inspector, and whether the licensee has been fined for the same or similar violations in the past. The administrative civil fines levied under this Section shall not exceed $1,000 per violation.

History

• Source: Amended at 47 Ill. Reg. 19159, effective December 6, 2023

41 Ill. Adm. Code 109.140 Appeal of an Administrative Action

a) Any person aggrieved by a decision, order or ruling of the Office may, as a matter of right, appeal such action.

b) All appeal requests shall:

1. Be in writing;

2. Contain an address, telephone number, and email address where the appellant may be notified of the time and place of the hearing; and

3. Set forth the reasons why the action of the Office should be reversed or modified.

c) Appeals from a decision, order or ruling of the Office shall be instituted by filing a written request for a hearing no later than 10 calendar days following receipt of the notice of the action. Requests will be deemed to be timely if they are postmarked no later than the time period allowed.

d) The appeal request shall be mailed to:

Office of the State Fire Marshal

Attn: Legal Division

1035 Stevenson Drive

Springfield, Illinois 62703-4259

e) In the event of a timely written appeal, the Office shall conduct an administrative hearing governed by this Section. Notice of the time and place for any hearing shall be given to any party concerned at least 30 calendar days prior to the hearing date. If an attorney, through written communication, is known to represent any party to a hearing, then notice is to be given to that attorney. A corporation, limited liability company, professional limited liability company, or partnership must appear by legal counsel, licensed to practice in the State of Illinois or appearing pro hac vice, who must file an appearance with the Office. Notice sent to the last known address by U.S. mail, registered or certified, addressed to all parties or their agents appointed to receive service of process, or their attorneys when applicable, is sufficient.

1. The notice of hearing shall include the following:

A) The date, time, place, and nature of the hearing.

B) A statement of the legal authority and jurisdiction under which the hearing is to be held.

C) A reference to the particular section or sections of the substantive and procedural statutes and rules involved.

D) A short and plain statement of the matters asserted, the consequences of a failure to respond, and the case number or file number.

E) To the extent such information is available, the names, phone numbers, email addresses, and mailing addresses of the parties and designated agency contact, and if known, of any assigned hearing officer.

2. Document Exchange. At any pre-hearing conference, or if none, at least 7 days prior to the start of the hearing, the parties shall exchange a list of those witnesses who may testify at hearing and any exhibits or documents that may be identified at hearing.

3. Continuances. A hearing officer may, for good cause, grant a continuance at the request of a party or a continuance on the hearing officer's own motion.

4. Default. Failure of a party to appear on the date set for hearing or failure to proceed as ordered by the Office shall constitute a default and the civil fine appealed from shall become final. Appeals, petitions, motions or other requests for relief that are not prosecuted diligently may be dismissed for want of prosecution.

5. At the close of the evidence, or upon receiving the recommended decision of the hearing officer with findings of fact and conclusions of law, the Office shall enter an order to sustain, modify, or revoke the administrative action. Any appeal by the petitioner from such Office final order shall be subject to judicial review under the provisions of the Administrative Review Law [735 ILCS 5/Art. III] and this Part. Proceedings for judicial review shall be commenced in the circuit court of the county in which the party applying for review resides or, if the party applying for review is not a resident of Illinois, shall be commenced in the circuit court in Sangamon County. [225 ILCS 217/100]

f) Nothing in this Section shall prohibit the informal disposition of an administrative action by stipulation, agreed settlement, or consent order. Informal disposition may proceed with clear and simple documentation without complete adherence to this Section.

History

• Source: Amended at 47 Ill. Reg. 19159, effective December 6, 2023

41 Ill. Adm. Code 109.150 Fees

a) License fees shall be as follows:

1. Fire Sprinkler Contractor License Fees

A) Initial License: $3,000

B) Renewal of License (before or on expiration date): $3,000

C) License Reinstatement (Late filing fee): $500

D) Renewal of License (after expiration date): $3,500

E) Duplicate or corrected license: $50

2. Fire Sprinkler Inspector License Fees

A) Initial License: $500

B) Renewal of License (before or on expiration date): $500

C) License Reinstatement (Late filing fee): $100

D) Renewal of License (after expiration date): $600

E) Duplicate or corrected license: $50

b) All fees are non-refundable except that Office shall refund accidental overpayment of fees.

History

• Source: Added at 47 Ill. Reg. 19159, effective December 6, 2023

Part 111 School Inspections

41 Ill. Adm. Code 111.10 Scope

This Part implements the portions of Section 3-14.21 of the School Code [105 ILCS 5] and the School Plan Review and Inspections Task Force Report that require the State Fire Marshal's office to adopt rules that set out the requirements of Qualified Fire Officials who are authorized to conduct annual fire safety inspections in public schools and report violations to the Regional Superintendent.

History

• Source: Amended at 40 Ill. Reg. 7904, effective May 20, 2016

41 Ill. Adm. Code 111.20 Definitions

For purposes of this Part, the term:

"Fire Officer" means an individual appointed as a fire officer by a unit of local government.

"Fire Prevention Inspector" means an individual employed by a unit of local government as a fire inspector or a building inspector.

"ICC" means the International Code Counsel.

"ISBE" means the Illinois State Board of Education.

"NFPA" means the National Fire Protection Association.

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

"Public School Checklist" means the checklist prepared by OSFM and ISBE in accordance with the Health/Life Safety Code (23 Ill. Adm. Code 180) adopted by ISBE and used to conduct the annual public school fire safety inspections (see 105 ILCS 5/3-14.21(c)).

"Qualified Fire Official" means an individual who meets the requirements of this Part, in cooperation with ISBE, to administer annual public school fire safety inspections (see 105 ILCS 5/2-3.12(k)).

"Tier 1 Qualified Fire Official" means an individual who meets any one of the requirements of Section 111.30(a)(1) through (4) and (b).

"Tier 2 Qualified Fire Official" means an individual who meets the requirements of Section 111.30(a)(5) and (c).

History

• Source: Amended at 40 Ill. Reg. 7904, effective May 20, 2016

41 Ill. Adm. Code 111.30 General Requirements for a Qualified Fire Official

a) The following qualifications are necessary for OSFM to delegate its authority to inspect public school buildings to a Qualified Fire Official:

1. Any Fire Prevention Division inspector employed by OSFM;

2. Any individual employed by a unit of local government who is certified by OSFM as a Fire Officer I, Fire Prevention Officer, or Fire Inspector I, or certified by OSFM in a successor title established by OSFM to one of the titles in this subsection (a)(2);

3. Any individual employed by a unit of local government who possesses a current certification as a Fire Inspector I or Fire Inspector II issued by the ICC;

4. Any individual employed by a unit of local government who possesses a current certification as a Fire Inspector I or Fire Inspector II issued by the NFPA; or

5. Any Fire Prevention Inspector or Fire Officer employed by a unit of local government.

b) The Tier 1 Qualified Fire Official candidate must attend Tier 1 training conducted by OSFM that includes the process and application of this Part and of the Public School Checklist.

c) The Tier 2 Qualified Fire Official candidate must attend Tier 2 training conducted by OSFM that includes the process and application of this Part and of the Public School Checklist. Training shall also include attending school inspections supervised by an OSFM Fire Prevention Division inspector or a Tier 1 Qualified Fire Official. These supervised inspections shall include an inspection of a grade school and an inspection of a high school. These supervised school inspections shall continue until OSFM or the Tier 1 Qualified Fire Official supervising the inspections is satisfied that the Tier 2 Qualified Fire Official candidate has demonstrated proficiency.

History

• Source: Amended at 40 Ill. Reg. 7904, effective May 20, 2016

41 Ill. Adm. Code 111.40 Inspection Standards

All annual inspections of public schools shall be conducted using the standards contained in the Health/Life Safety Code for Public Schools (23 Ill. Adm. Code 180).

41 Ill. Adm. Code 111.50 Application for Delegation of Authority

For purposes of this Part, all applications submitted to OSFM requesting delegation as a Qualified Fire Official shall be signed by the Fire Chief, shall be submitted on letterhead provided by the unit of local government, and shall include the following information:

a) The name and address of the unit of local government. 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) For a Tier 1 Qualified Fire Official, a copy of the current qualifying certification held by the person requesting delegation from the OSFM (as required by Section 111.30).

c) For a Tier 2 Qualified Fire Official, verification by the Fire Chief that the applicant is assigned as either a Fire Prevention Inspector or a Fire Officer and verification by the Tier 1 Qualified Fire Official supervising the inspections, if applicable, that the applicant completed the supervised school inspections required by Section 111.30(c).

History

• Source: Amended at 40 Ill. Reg. 7904, effective May 20, 2016

41 Ill. Adm. Code 111.60 Delegation of Authority

OSFM will issue a notice delegating authority to inspect public school buildings to candidates that meet the requirements of Section 111.30 and submit an application meeting the requirements of Section 111.50. The OSFM Delegation of Authority issued pursuant to this Section is valid until there is a change in status of the individual approved as a Qualified Fire Official by OSFM or OSFM withdraws the Delegation of Authority. Although OSFM may delegate school inspection authority to a Qualified Fire Official, nothing shall be construed to limit, condition or impair the exercise of OSFM's powers to administer fire safety inspections of public schools. OSFM reserves the right to act on its own initiative in all matters pertaining to public school fire safety inspections. The issuance of a Delegation of Authority to a Qualified Fire Official shall not be construed as a contract with that individual, and OSFM reserves the right to withdraw that Delegation of Authority.

History

• Source: Amended at 40 Ill. Reg. 7904, effective May 20, 2016

41 Ill. Adm. Code 111.70 Identification of Delegated Authority

Any individual to whom the authority to conduct school inspections has been delegated will be identified on a list maintained by OSFM on its website and provided to ISBE.

41 Ill. Adm. Code 111.80 Notification of Change

a) Any change in the status of the certification under which an individual qualifies for a Delegation of Authority under Section 111.30 or in the employment status of the individual Qualified Fire Official shall be reported to the OSFM within 5 days.

b) If there is any change in the certification or employment status of the Qualified Fire Official that results in the Qualified Fire Official losing the Delegation of Authority under Section 111.60, OSFM shall withdraw the Delegation of Authority and the local fire official will be required to reapply for a new Delegation of Authority under Section 111.50.

History

• Source: Amended at 40 Ill. Reg. 7904, effective May 20, 2016

41 Ill. Adm. Code 111.90 Inspections and Reporting Violations

a) The Qualified Fire Official conducting the inspection shall contact the Regional Superintendent to determine the region's procedure to be used to schedule an agreeable date for the inspection.

b) The Qualified Fire Official shall use a Public School Checklist and, within 15 days after completing the inspection, shall send a copy of the checklist identifying any violation to the person identified by the Regional Superintendent as the party to receive the report. This report shall also be submitted to the OSFM Fire Prevention Division. The Regional Superintendent shall correct the violations in accordance with Section 3-14.21(b) of the School Code.

c) The Qualified Fire Official shall notify OSFM of violations that present imminent harm to occupants of the school and any violations that are not corrected by the next annual fire inspection.

d) OSFM and ISBE shall resolve any disputes regarding the annual inspection that arise between the Qualified Fire Official and the Regional Superintendent.

History

• Source: Amended at 40 Ill. Reg. 7904, effective May 20, 2016

41 Ill. Adm. Code 111.100 Quality Assurance

OSFM may perform a quality assurance evaluation of the schools being inspected by Qualified Fire Officials to determine whether a change is needed, such as, but not limited to, additional training or OSFM's withdrawal of the Delegation of Authority.

History

• Source: Added at 40 Ill. Reg. 7904, effective May 20, 2016

41 Ill. Adm. Code 111.110 Severability

If any Section, subsection, sentence or clause of this Part shall be held by a court of competent jurisdiction to be invalid, that holding shall not affect the remaining portions of this Part.

History

• Source: Added at 40 Ill. Reg. 7904, effective May 20, 2016

Part 112 Carbon Monoxide Alarms and Detectors

41 Ill. Adm. Code 112.100 Purpose and Scope

This Part implements the provisions of the School Code that delegate responsibility to the Office of the State Fire Marshal to promulgate regulations defining the carbon monoxide detectors that may be used public schools. (See 105 ILCS 5/10-20.56 and 34-18.49.) This Part also includes the specifications for approved carbon monoxide alarms established by the Carbon Monoxide Alarm Detector Act [430 ILCS 135] as referenced in the School Code.

41 Ill. Adm. Code 112.120 Severability

If any Section, subsection, sentence or clause of this Part shall be held by a court of competent jurisdiction to be invalid, that holding shall not affect the remaining portions of this Part.

41 Ill. Adm. Code 112.140 Definitions

The following definitions are used in this Part:

"Act" means the Carbon Monoxide Alarm Detector Act [430 ILCS 135].

"Alarm control unit" means a carbon monoxide detection system or fire alarm system component that monitors inputs and controls outputs through various types of circuits.

"Carbon monoxide alarm" or "alarm" means a single-station or multiple-station carbon monoxide alarm intended for the purpose of detecting carbon monoxide gas and alerting occupants by a distinct audible signal. An alarm is comprised of an assembly that incorporates a sensor, control components, and an alarm notification appliance in a single unit operated from a power source either located in the unit or obtained at the point of installation.

"Carbon monoxide detection system" means a system that consists of an alarm control unit, components, and circuits arranged to monitor and annunciate the status of carbon monoxide alarm initiating devices and to initiate the appropriate response to those signals.

"Carbon monoxide detector" or "detector" means a device having a sensor that responds to carbon monoxide gas and that is connected to an alarm control unit [105 ILCS 5/10-20.56(a) and 34-18.49(a)].

"NFPA" means the National Fire Protection Association.

"UL" means Underwriters Laboratories.

41 Ill. Adm. Code 112.180 Incorporations by Reference

a) All the materials incorporated by reference in this Section are incorporated as of the date specified and include no later editions or amendments.

b) The following materials are incorporated by reference:

NFPA 720: Standard for the Installation of Carbon Monoxide (CO) Detection and Warning Equipment, (2015 edition), NFPA; 1 Batterymarch Park, Quincy MA 02269; (617)770-3000 or (800)344-3555; www.nfpa.org.

UL 217: Standard for Smoke Alarms (8th edition; October 30, 2015); Underwriters Laboratories, 333 Pfingsten Road, Northbrook IL 60062; (877)854-3577; www.ul.com.

UL 268: Smoke Detectors for Fire Alarm Systems (7th edition; January 11, 2016); Underwriters Laboratories, 333 Pfingsten Road, Northbrook IL 60062; (877)854-3577; www.ul.com.

UL 2034: Standard for Single and Multiple Station Carbon Monoxide Alarms (3rd edition; February 28, 2008); Underwriters Laboratories, 333 Pfingsten Road, Northbrook IL 60062; (877)854-3577; www.ul.com.

UL 2075: Standard for Gas and Vapor Detectors and Sensors (2nd edition; March 5, 2013); Underwriters Laboratories, 333 Pfingsten Road, Northbrook IL 60062; (877)854-3577; www.ul.com.

41 Ill. Adm. Code 112.200 Approved Carbon Monoxide Alarms for Use in Dwelling Units

An approved carbon monoxide alarm used in an occupancy or structure that has one or more dwelling units, as defined in the Act, must be listed in accordance with UL 2034, as incorporated by reference in Section 112.180. An approved combined carbon monoxide and smoke alarm used in an occupancy or structure that has one or more dwelling units, as defined in the Act, must be listed in accordance with UL 2034 and UL 217, as incorporated by reference in Section 112.180.

41 Ill. Adm. Code 112.230 Approved Carbon Monoxide Alarms for Use in Public Schools

a) Carbon monoxide alarms in public schools must be listed in accordance with UL 2034, as incorporated by reference in Section 112.180.

b) Combined carbon monoxide and smoke alarms must be listed in accordance with UL 2034 and UL 217, as incorporated by reference in Section 112.180.

c) For public schools designed on or after January 1, 2016, any carbon monoxide alarm installed to achieve compliance with the School Code and this Part must be monitored by any required fire alarm system and must be permanently powered by the building's electrical system.

41 Ill. Adm. Code 112.250 General Requirements for Carbon Monoxide Detectors or Detection Systems in Public Schools

a) For public schools designed on or after January 1, 2016, a carbon monoxide detection system or carbon monoxide detectors installed to achieve compliance with the School Code and this Part must be monitored by any required fire alarm system and must be permanently powered by the building's electrical system.

b) A carbon monoxide detection system constructed and installed pursuant to this Section and its components must be listed in accordance with the applicable UL standard for the purpose for which it is used and must be cross-listed in accordance with the applicable UL standard with the panel to which it is connected.

c) Carbon monoxide detectors shall be listed in accordance with UL 2075, incorporated by reference in Section 112.180.

d) Combined carbon monoxide and smoke detectors installed in carbon monoxide detection systems shall be an acceptable alternative to carbon monoxide detectors provided the combination detectors are listed in accordance with UL 2075 and UL 268.

e) Carbon monoxide detection system or carbon monoxide detector components must be installed and maintained in accordance with the manufacturer's published instructions and NFPA 720, incorporated by reference in Section 112.180, except that the location and the frequency of inspection and testing of carbon monoxide detectors shall be as prescribed in Section 10‑20.56(b) or 34-18.49(b) of the School Code, as applicable.

f) All carbon monoxide detection systems and carbon monoxide detectors must have an audible alarm signal that is distinctive from other alarm signals and is a four-pulse temporal pattern as prescribed in NFPA 720.

g) Carbon monoxide detection systems or carbon monoxide detectors must have occupant notification throughout the building, except that the occupant notification zone may be limited to the area where the carbon monoxide alarm signal was initiated where the signal is transmitted to a constantly attended location on-premise or off-premise where response action can be taken.

h) Signals from carbon monoxide detection systems and carbon monoxide detectors transmitted to a fire alarm system shall not transmit a fire alarm signal.

Part 141 Requirements for the Participation and Certification of Fire Protection Personnel

41 Ill. Adm. Code 141.10 Purpose

The Illinois Fire Protection Training Act [50 ILCS 740] requires the Office of the State Fire Marshal to establish training programs and to assist the development of training of firefighters throughout the State. Section 1 of the Act requires the Office, in a Division of Personnel Standards and Education, to provide for the encouraging and aiding of municipalities, counties and other local governmental agencies of this State in their efforts to raise the level of local fire protection by upgrading and maintaining a high level of training for fire protection personnel. It is declared to be the responsibility of the Office of the State Fire Marshal to encourage the participation of local governmental units in the programs established by the Office and to aid in the establishment of adequate training facilities. (Section 1 of the Act)

History

• Source: Amended at 47 Ill. Reg. 424, effective January 1, 2023

41 Ill. Adm. Code 141.15 Definitions

Unless the context requires otherwise, the following terms have the meanings ascribed in this Section:

"Act" means the Illinois Fire Protection Training Act [50 ILCS 740].

"Application for Certification " means the application submitted by the employing fire chief or their designee for a Candidate to receive certification that verifies successful passage of the State Practical Examination and completion of a series of prerequisites for that certification under Subpart D.

"Candidate" means fire service personnel participating in the certification program for the purpose of certification or recertification.

"Certification" means the official documentation awarded by the Office to eligible fire protection personnel after successful completion of established requirements of this Part.

"Division" or "DPSE" means the Division of Personnel Standards and Education within the Office of the State Fire Marshal.

"DPSE WebAccess Portal" or "WebAccess Portal" means the web-based program that shall be utilized by the fire service to participate in the certification programs. The DPSE WebAccess Portal can be accessed at: https://webapps.sfm.illinois.gov/PSEPortal/Account/Login.

"Fire Advisory Commission" or "FAC" means the advisory board which is established under the State Fire Marshal Act [20 ILCS 2905/3] to advise the Office in the exercise of its powers and duties.

"Fire Association" means a fire-related association, organization or entity that is represented on the Fire Advisory Commission by a member who serves as an ex-officio member pursuant to Section 3 of the State Fire Marshal Act [20 ILCS 2905/3].

"Fire Brigade" means an organized group of employees at a facility who are knowledgeable, trained and skilled in at least basic firefighting operations, and whose full-time occupation might or might not be the provision of fire suppression and related activities for their employer.

"Fire Department" or "Department" means an organization providing fire suppression, training, fire administration, fire investigation, fire prevention, rescue, executive support and related activities.

"Fire Service", "Fire Service Personnel", "Fire Protection Personnel", "Fire Fighter" or "Firefighter" means a fire department, fire protection district, fire association, training facility, OSFM and the members of these entities who are engaged in fire suppression, training, fire administration, fire investigation, fire prevention, rescue, executive support and related activities, including individuals who have retired from active fire service duties and are officially affiliated with fire service training, mutual aid, incident command, fire ground operations or staff support for fire associations.

"Fire Service Experience" means fire suppression training, fire administration, fire investigation or fire prevention experience in a fire department, including rescue, executive support and related activities.

"Illinois Fire Service Institute" or "IFSI" means the State Fire Academy for the State of Illinois, operated by the Board of Trustees of the University of Illinois, pursuant to 110 ILCS 365/2.

"Job Performance Requirements" or "JPRs" means a written statement that describes a specific job task, lists the items necessary to complete the task, and defines measurable or observable outcomes and evaluation areas for the specific task as recognized and defined by the National Fire Protection Association (NFPA).

"Local Governmental Agency" means any local governmental unit or municipal corporation in this State. It does not include the State of Illinois or any office, officer, department, division, bureau, board, commission, or agency of the State except:

a State-controlled university, college, or public community college; or

the Office of the State Fire Marshal. (Section 2(b) of the Act)

"NFPA" means the National Fire Protection Association.

"Non-Affiliated Individual" means an individual who is not fire service personnel while attending and completing courses allowed under Section 141.215.

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

"Qualified Instructor" means an individual who possesses certification or certifications required to provide instruction for a specific certification level as listed in Subpart D.

"Recertification" means the process where a specified certification listed in Section 141.390 may be renewed through the successful completion of the relevant task book or tally sheet and the submission of a new Application for Certification by the employing fire chief or their designee.

"Request for Examination" means the submission of the Request for Examination to the Division from a training facility requesting to schedule a State Written Examination.

"Standards" or "Standard" means the applicable NFPA standard or standards.

"State Fire Marshal" or "SFM" means the Executive Director of the Office of the State Fire Marshal.

"State Practical Examination" means a Division-approved psychomotor examination.

"State Written Examination" means a Division-approved computer-based or paper examination.

"Successful Completion" of a course means the completion of the course and meeting the requirements of the training facility.

"Tally Sheet" means the digital DPSE-provided sheet that may be used by candidates to document JPR completion or points required for recertification as specified in Section 141.390.

"Task Book" means a Division-provided booklet used to evaluate a candidate’s performance of skills or work experience required for a specific certification or recertification found in this Part. The task book includes: references to the relevant NFPA Standard and the observable behaviors, activities and tasks that must be met for certification or recertification.

"Training Facility" means an academy, fire association, fire department, fire protection district, fire brigade, or college located within the State of Illinois and approved by the Division to provide the training for fire protection personnel, as referenced in Section 141.100.

History

• Source: Amended at 47 Ill. Reg. 424, effective January 1, 2023

41 Ill. Adm. Code 141.20 Incorporations by Reference

a) All incorporations by reference in this Section refer to the standards in effect on the date specified and do not include any later editions or amendments.

b) The following nationally recognized standards published by the National Fire Protection Association (NFPA) (1 Batterymarch Park, Quincy, MA 02169-7471; www.nfpa.org) are incorporated by reference in this Part:

NFPA 1000: Standard for Fire Service Professional Qualifications Accreditation and Certification Systems (2022)

NFPA 1021: Standard for Fire Officer Professional Qualifications (2020)

NFPA 1031: Standard for Professional Qualifications for Fire Inspector and Plan Examiner (2014)

NFPA 1033: Standard for Professional Qualifications for Fire Investigator (2022)

NFPA 1041: Standard for Fire and Emergency Services Instructor Professional Qualifications (2019)

NFPA 1403: Standard on Live Fire Training Evolutions (2018)

NFPA 1451: Standard for a Fire and Emergency Service Vehicle Operations Training Program (2018)

NFPA 1521: Standard for Fire Department Safety Officer Professional Qualifications (2020)

NFPA 1971: Standard on Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting (2018)

NFPA 1981: Standard on Open-Circuit Self-Contained Breathing Apparatus (SCBA) for Emergency Services (2019)

c) The following NFPA standards are incorporated by reference through December 31, 2024, to allow for administrative updates by the fire service:

NFPA 1001: Standard for Fire Fighter Professional Qualifications (2019)

NFPA 1002: Standard for Fire Apparatus Drive/Operator Professional Qualifications (2017)

NFPA 1003: Standard for Airport Fire Fighter Professional Qualifications (2019)

NFPA 1006: Standard for Technical Rescue Personnel Professional Qualifications

(2013-Rope and Trench)

(2017-Confined Space and Vehicle and Machinery)

(2021-Structural Collapse, Surface Water and Watercraft)

NFPA 1035: Standard on Fire and Life Safety Educator, Public Information Officer, Youth Firesetter Intervention Specialist, and Youth Firesetter Program Manager Professional Qualifications (2015)

NFPA 1072: Standard for Hazardous Materials/Weapons of Mass Destruction Emergency Response Personnel Professional Qualifications (2017)

NFPA 1901: Standard for Automotive Fire Apparatus (2016)

NFPA 1983: Standard on Life Safety Rope and Equipment for Emergency Services (2017)

d) The following NFPA standards are incorporated by reference starting January 1, 2025, to allow for administrative updates by the fire service:

NFPA 470: Hazardous Materials/Weapons of Mass Destruction (WMD) Standard for Responders (2022)

NFPA 1006: Standard for Technical Rescuer Professional Qualifications (2021)

NFPA 1010: Standard on Professional Qualifications for Firefighters (2024)

NFPA 1030: Standard for Professional Qualifications for Fire Prevention Program Positions (2024) (Youth Firesetting Prevention and Intervention Specialist)

NFPA 1900: Standard for Aircraft Rescue and Firefighting Vehicles, Automotive Fire Apparatus, Wildland Fire Apparatus, and Automotive Ambulances (2024)

NFPA 2500: Standard for Operations and Training for Technical Search and Rescue Incidents and Life Safety Rope and Equipment for Emergency Services (2022)

History

• Source: Amended at 49 Ill. Reg. 15637, effective November 24, 2025

Chapter I Office of the State Fire Marshal

Part 141 Requirements for the Participation and Certification of Fire Protection Personnel

41 Ill. Adm. Code 141.30 Establishing or Revising State Certification Standards

a) When the NFPA releases a new or revised Standard related to a certification program, the Division shall determine the impact of the new or revised Standard on current certification requirements and based upon those determinations, will make recommendations regarding certification requirements to the State Fire Marshal. DPSE shall notify members of the Fire Advisory Commission (FAC) of the recommendations.

b) The Division will be responsible for contacting the publishers to determine an estimated publish date for new or revised student and instructor materials and test banks that will reference the new or revised NFPA Standard. The Division will request copies of those referenced materials and test banks when they are released and available.

c) After receiving the new or revised reference materials and test banks, the Division shall review the materials and test banks to maintain compliance with the most current Standards. This process will be completed within 3 months after the Division receives the new or revised published reference materials and test banks.

1. The Division shall be responsible for reviewing the published reference materials and test banks to ensure that the reference materials and test banks meet all the Job Performance Requirements (JPRs) for the new or revised Standards.

A) The Division review may include collaboration with Illinois Fire Service Institute (IFSI) subject matter experts and IFSI Curriculum Staff, initiated by the Division contacting IFSI’s Director and Deputy Director.

B) If the Division determines that the published materials do not fully meet the JPRs for the Standard or Standards, the Division shall develop a plan to adequately address all JPRs. The plan may include contacting IFSI’s Director and Deputy Director to request input from IFSI subject matter experts and curriculum staff.

C) If the Division determines that changes to any level of certification significantly impacts members of a fire association, the Division may, informally and on an ad hoc basis, request input by contacting the affected fire association.

D) Notwithstanding specific requests from the Division for input on Standards, IFSI and fire associations may also contact the Division directly to offer input when a new or revised Standard is released.

2. Test questions shall be selected exclusively from a test bank, when such a test bank is available.

A) When a test bank is not available, the Division shall develop a bank of test questions based upon the Division-approved published reference materials and correlated to the JPRs of the applicable Standards.

B) The Division shall determine the minimum number of test questions needed for each battery of written examinations and accept or develop evolutions for practical examinations to ensure each JPR is referenced.

C) Only Division-approved test questions and evolutions shall be utilized for the State Written and Practical Examinations.

D) The Division is responsible for ensuring the security of all approved test questions.

d) Division recommendations to the State Fire Marshal (SFM) may include, but are not limited to:

1. Level of certifications to be added or revised;

2. Titles and editions of reference materials;

3. Written and Practical Examinations;

4. Certification requirements;

5. Recertification requirements (Task Books);

6. Proposed administrative rule changes; and

7. Certification transition periods, as needed:

A) When a certification is revised by the Office, a transition period may be necessary to allow fire service personnel to complete any remaining unfinished requirements under the current adopted administrative rules of Subpart D for that level of certification; and

B) When necessary, recommendations for a transition period will be included as part of the recommended revisions submitted by the Division.

8. Pilot courses, as needed:

A) When a new certification is created or an existing certification program is significantly revised by the Division, pilot programs may be scheduled as needed to validate new or revised coursework and examinations until the adoption of the new certification by the Office is completed;

B) The Division shall determine the criteria for selecting and recommending pilot courses and a pilot course host to the SFM. All pilot courses shall be approved by the SFM;

C) The Division shall be responsible for scheduling the initial pilot courses to ensure that the validation of the pilot courses is completed accurately and efficiently;

D) Fire service personnel who complete a pilot course and who meet all requirements of the newly established or revised certification may be eligible to obtain certification for that level; and

E) The Office shall bear no responsibility for costs incurred during a pilot course.

9. IFSI and fire associations may offer to conduct a pilot course for any new or revised certification that has been approved by the SFM for inclusion in the certification program.

A) If IFSI or a fire association is selected to host the initial pilot course, they may charge attendees tuition, but the total fees collected for the initial pilot course shall not exceed the reasonable material and equipment costs for that pilot course, as determined by IFSI or the fire association with SFM’s approval; and

B) Fee limitations shall not apply for subsequent offerings of a pilot course conducted by IFSI or the fire associations after the initial pilot course has been validated.

e) Once the Division makes determinations and recommendations pertaining to a new or revised Standard, the Division will notify the FAC.

1. FAC members will be requested to notify their subject matter experts of the proposed changes to respective certifications.

2. The Division will accept comments, concerns, suggestions or questions from FAC members' subject matter experts for 30 days after notifying the FAC:

A) If the Division receives comments regarding the proposed changes, it shall review all comments and, if deemed necessary by the Division, schedule a meeting with subject matter experts to address their concerns.

B) If a meeting is scheduled, subject matter experts will be invited and shall have the opportunity to review the proposed changes to the certification or recertification programs. Test questions shall not be reviewed.

C) If the Division does not receive comments within 30 days, the Division will present all recommendations to SFM for review, discussion and approval or rejection of recommendations.

3. Upon approval by the SFM, the topic will be added to the next FAC meeting agenda for final notification of the proposed changes.

4. Upon final notification to the FAC, the Division will begin disseminating information regarding the proposed changes and initiate the administrative rulemaking process. The FAC will be updated as to any developments at the next regularly scheduled FAC meeting.

f) IFSI or members of the FAC representing fire associations may request that the Office adopt a new certification.

1. IFSI or a fire association must submit a written request to the SFM requesting the consideration of a new certification. The written request shall include but is not limited to:

A) The title and edition of the referenced Standard;

B) The title and edition of the referenced publisher material; and

C) The title and publisher of the test banks.

2. Upon receipt of the written request, the SFM will discuss with the Division the anticipated impact of the new certification on the fire service and Office.

A) If approved, the Division shall contact IFSI or the fire association to begin the establishment of a new certification.

B) If approved, the SFM shall announce the development of the requested new certification at the next scheduled FAC meeting.

C) If denied, the SFM shall notify IFSI or the fire association in writing with an explanation of the denied request.

History

• Source: Amended at 47 Ill. Reg. 424, effective January 1, 2023

41 Ill. Adm. Code 141.40 Requirements for Participation in Training, Certification and Reimbursement (repealed)

History

• Source: Repealed at 47 Ill. Reg. 424, effective January 1, 2023

41 Ill. Adm. Code 141.50 Appeal Process

A written determination made by the Office under this Part may be appealed and such appeal shall be governed by 41 Ill. Adm. Code 210. To be valid, the appeal must be in writing and received at the Office at 1035 Stevenson Drive, Springfield Illinois, 62703, within 30 days after the date of the determination.

History

• Source: Amended at 47 Ill. Reg. 424, effective January 1, 2023

41 Ill. Adm. Code 141.60 Reciprocity (repealed)

History

• Source: Repealed at 47 Ill. Reg. 424, effective January 1, 2023

41 Ill. Adm. Code 141.65 Division of Personnel Standards (dpse) Webaccess Portal

a) The DPSE WebAccess Portal is the web-based program that shall be utilized by the fire service to:

1. participate in certification programs;

2. review, revise and submit records; and

3. print examination results and certifications.

b) Training facilities and fire departments may utilize the DPSE WebAccess Portal to update facility and rostered fire service personnel's contact information and to submit certification program required documentation.

c) Fire service personnel who are employed by a training facility and appear on that training facility’s or fire department's roster shall register using the DPSE WebAccess Portal.

1. Registration shall be required prior to submission of request for examination and challenging State Written Examinations.

2. Fire service personnel have the ability to review their records and print examination results and certifications.

d) The fire chief shall be responsible for the issuance and revocation of permissions on the DPSE WebAccess Portal. Fire Department personnel who are granted applicable permissions may act as the fire chief’s designee as it pertains to all aspects of the certification programs utilizing the DPSE WebAccess Portal.

History

• Source: Added at 47 Ill. Reg. 424, effective January 1, 2023

41 Ill. Adm. Code 141.100 Training Facility Approval

a) To become a training facility for purposes of conducting training as required by this Part, an application shall be submitted via the DPSE WebAccess Portal for review and approval by the Division. Each application shall include a minimum of one Course Approval Application as required in Section 141.115. If a submitted Course Approval is denied, the Training Facility Approval for that course shall be denied.

b) A training facility shall have adequate resources available for conducting level specific training. Training facility requirements include:

1. For courses at all certification levels:

A) Classrooms with adequate environmental control and seating capacity for the anticipated student population;

B) Multimedia projection equipment, whiteboards, chalkboards or the like;

C) Suitable interior or exterior areas for the performance of practical evolutions;

D) Real or simulated props for use during the performance of practical skills evolutions;

E) Office-approved reference materials, available to both instructors and students; and

F) Ability to provide training in effective recognition of and responses to stress, trauma and post-traumatic stress experienced by firefighters that is consistent with Section 25 of the Illinois Mental Health First Aid Training Act [405 ILCS 105/25] in a peer setting. [50 ILCS 740/8(d)].

2. For Basic Operations Firefighter and Advanced Technician Firefighter courses:

A) A training tower of not less than 2 stories in height;

B) A smoke and fire room or building suitable for containing, and equipped for simulating, fire atmosphere and conditions;

C) Forcible entry and ventilation drill facilities, including a means of providing the student an opportunity to practice opening a variety of doors, windows, roofs, floors and partitions; and

D) Facilities for conducting live fire training (by permission and within the restrictions of applicable State and federal entities and in accordance with NFPA 1403), involving the following required scenarios:

i) Structural fires;

ii) Flammable liquid fires;

iii) Liquefied petroleum or natural gas fires; and

iv) Vehicle fires.

3. For Confined Space Operations, Confined Space Technician, Rope Operations and Rope Technician courses:

A) A training structure of not less than 2 stories in height, equipped with suitable engineered anchor points to be used during practical evolutions; and

B) Documentation supporting the use and load capacity of the anchor points maintained by the training facility and available to the Division upon request.

4. For a Structural Collapse Technician course, there shall be an area suitable for training in extensive shoring operations.

c) A training facility shall have adequate equipment required to conduct level-specific training. Training facility equipment requirements include:

1. For Basic Operations Firefighter and Advanced Technician Firefighter courses:

A) A fire apparatus equipped in accordance with Chapters 5 and 6 of NFPA 1901 through December 31, 2024. Starting on and after January 1, 2025, a fire apparatus equipped in accordance with NFPA 1900;

B) Rope and webbing suitable for search and rescue operations in accordance with NFPA 1983 through December 31, 2024. Starting on and after January 1, 2025, rope and webbing suitable for search and rescue operations, in accordance with NFPA 2500;

C) Protective clothing for each student, in accordance with NFPA 1971;

D) Approved Self-Contained Breathing Apparatus (SCBA) and one spare cylinder for each student, in accordance with NFPA 1981, which may be supplied by the student; and

E) Ability to replicate all learning experiences required for the level specific certification program.

2. For Trench Operations, Trench Technician, Structural Collapse Operations, Structural Collapse Technician, Common Passenger Vehicle Rescue, Heavy Vehicle Rescue, Rope Operations, Rope Technician, Surface Water Operations and Watercraft Technician courses:

A) Rope and webbing of assorted lengths and appropriate ancillary equipment, in accordance with NFPA 1983 through December 31, 2024. Starting on and after January 1, 2025, rope and webbing of assorted lengths and appropriate ancillary equipment, in accordance with NFPA 2500; and

B) Hand and power equipment to be utilized during the performance of specialized practical evolutions as specified in the relevant NFPA Standard.

3. For Hazardous Materials Operations, Hazardous Materials Technician, Confined Space Operations and Confined Space Technician courses:

A) Rope and webbing of assorted lengths and appropriate ancillary equipment, in accordance with NFPA 1983 through December 331, 2024, rope and webbing of assorted lengths and appropriate ancillary equipment, in accordance with NFPA 2500;

B) Hand and powered equipment to be utilized during the performance of specialized practical evolutions;

C) Approved Self-Contained Breathing Apparatus (SCBA) and one spare cylinder for each student, in accordance with NFPA 1981, which may be supplied by the student; and

D) Personal protective equipment to be utilized during the performance of specialized practical evolutions as specified in the relevant Standard.

d) A training facility may utilize the resources of another training facility for training under this Part.

e) Training Facility approvals will be granted on a calendar year basis. A training facility's approval will be valid for up to 5 calendar years from the date of the initial approval in conjunction with Course Approvals (See Section 141.115). A new application for Training Facility approval shall be submitted, utilizing the DPSE WebAccess Portal, prior to December 31 of the calendar year in which it expires. Prior to the expiration date of Training Facility Approval, the Division shall notify the training facility at one year prior and at 90 days prior of the upcoming expiration date.

f) The Division may monitor, evaluate and review all aspects of training facilities and courses for conformance with the requirements of this Part. (See 50 ILCS 740/8 and 50 ILCS 740/11)

g) Training facilities not meeting the requirements of this Part shall have their approvals suspended or revoked.

History

• Source: Amended at 48 Ill. Reg. 10877, effective July 11, 2024

41 Ill. Adm. Code 141.110 Resources Required for Certification as an Unlimited Training Facility or Regional Training Center (repealed)

History

• Source: Repealed at 47 Ill. Reg. 424, effective January 1, 2023

41 Ill. Adm. Code 141.115 Course Approval

Training facilities wishing to offer courses leading to certification for classroom or web-based delivery shall submit a completed Course Approval Application, utilizing the DPSE WebAccess Portal, specifying the courses for which the training facility seeks approval.

a) A Course Approval will be granted to those facilities that possess the specific Training Facility approval as required in Section 141.100.

b) Training facilities shall submit the Course Approval Application utilizing the DPSE WebAccess Portal. The appropriate course name shall be selected from the courses offered. The training facility shall have the option of including the State Practical Examinations as part of the course completion roster by checking the box on the application prior to submission. When a training facility opts to include the State Practical Examination as part of the Course Approval, the training facility must attest that everyone listed on the course completion roster utilizing the Course Approval has completed and passed the State Practical Examination. A qualified instructor shall be required for each specified course to obtain approval.

c) Course Approvals will be granted on a calendar year basis. A Course Approval will be valid for up to 5 calendar years from the date of the initial approval in conjunction with Training Facility Approvals. A new Application for Course Approval shall be submitted utilizing the DPSE WebAccess Portal, prior to December 31 of the calendar year in which it expires. Prior to the expiration date of the Course Approval, the Division shall notify the training facility at one year prior and at 90 days prior of the upcoming expiration date.

d) Training facilities may submit additional courses for course approval within the 5-year cycle. The appropriate Training Facility Approval shall be required for the additional courses. The expiration of the added courses shall remain in conjunction with the original expiration cycle. For example, a Course Approval granted between January 1, 2022 and December 31, 2022 will be approved until December 31, 2026. If a Training Facility received additional course approvals within the 5-year cycle (for example. on March 1, 2024), the additional Course Approvals will also expire on December 31, 2026.

e) For each approved course, training facilities shall be required to submit a schedule of all courses to be conducted utilizing that Course Approval. The schedule shall be submitted using the DPSE WebAccess Portal Event Calendar no less than 2 weeks prior to the first day of the course. The information required consists of the name of the training facility with course approval, title of the approved course, location of the course, dates of classroom instruction, contact name and contact information for the training facility, and if applicable, dates of examination. If the course schedule is not provided in accordance with the requirements of this paragraph, the course completion roster will be denied.

f) For a training facility to receive Course Approval for the following courses, the training facility shall submit required course syllabi and content correlated to the respective Standard as specified in subsection 141.115(g) for review by the Division. The Division's syllabi and content review must be completed and approved before the Course Approval will be processed.

1. Company Fire Officer;

2. Advanced Fire Officer;

3. Chief Fire Officer;

4. Fire Service Executive Support;

5. Fire Department Incident Safety Officer;

6. Fire Department Health and Safety Officer;

7. Fire Service Instructor I, II, or III;

8. Training Program Manager;

9. Fire Inspector I or II;

10. Public Fire and Life Safety Educator I;

11. Youth Firesetting Prevention and Intervention Specialist;

12. Fire Investigator;

13. Confined Space Operations or Technician; or

14. Structural Collapse Operations or Technician.

g) Required information to be submitted to the Division for review includes, but shall not be limited to:

1. Title of Course;

2. Prerequisites;

3. Reference Material;

4. Attendance Policy;

5. Pre-Course Assignments;

6. Course Content;

7. Referenced NFPA Standard and JPRs;

8. Course Hours;

9. Daily Agenda; and

10. Qualified Instructors.

h) If the training facility revises a course curriculum or if the course curriculum is revised due to a change in the applicable standard or administrative rules before the Course Approval cycle has expired, the course syllabi and content correlated to the respective standard shall be resubmitted for approval.

i) Instructor Requirements

1. A certified Instructor I may teach the following courses in which the Instructor I possesses the specified certification:

A) Basic Operations Firefighter

B) Hazardous Materials Operations

C) Fire Service Vehicle Operator

2. A certified Instructor II may teach those courses referenced in Subpart D in which the Instructor II possesses the specified certification.

3. State Practical Examination evolutions shall meet the requirement for student to instructor ratio where specified in Subpart D.

j) Course completion rosters shall be submitted to the Division by the training facility, utilizing the DPSE WebAccess Portal, listing candidates who successfully completed courses. Candidates must complete 100% of the course requirements of the training facility to be eligible for inclusion on the course completion roster.

k) The Division may monitor, evaluate and review all aspects of the delivery and record keeping of approved courses for conformance with the requirements of this Part.

l) Training facilities shall:

1. Provide records of student attendance (a minimum of 90% attendance is required for each student seeking certification), and student evaluations of the course;

2. Retain training records in accordance with the applicable local government's records retention schedule but, in no case, less than 5 years for training record review purposes; and

3. Retain complete training facility student records of course completion and test scores for at least 5 years for training record review purposes.

m) Each training facility shall implement and follow an established system of records maintenance for classroom or web-based delivery that shall be retained and provided to the Division upon request for review.

1. Training records shall include at minimum the following:

A) Attendance or sign-in sheets;

B) JPRs of subjects taught, referenced to the applicable standards;

C) Dates and beginning and ending hours trained for each session;

D) Total student contact hours;

E) Names and signatures of students;

F) Names and signatures of instructors;

G) Description of how the training was conducted (classroom and practical); and

H) Physical location of the training.

2. State Practical Examination training records shall contain at minimum the following:

A) JPRs of subjects taught, referenced to the applicable standards;

B) Date of completion;

C) Names and signatures of students; and

D) Names and signatures of instructors.

3. Computerized or web-based records of training shall include:

A) Training records maintained utilizing a computerized or web-based records management system shall be acceptable if users have passwords and access rights.

B) Users logging into their own account to track a training session, with their attendance at and completion of the training session validated by a Qualified Instructor or fire officer, shall have this entry counted as a digital signature.

C) Users who have their training sessions logged for them by a Qualified Instructor or fire officer shall be required to review their training records on a scheduled basis via their own account, thereby validating their attendance at and completion of those training sessions.

n) A training facility must have a system for evaluating the effectiveness of a course taught at that facility.

o) The Division may revoke Course Approvals if a training facility violates any requirement of Subpart B or Subpart C. In determining whether to revoke, the Division shall consider the seriousness and frequency of the offenses.

History

• Source: Amended at 48 Ill. Reg. 10877, effective July 11, 2024

41 Ill. Adm. Code 141.120 Course Equivalency

Course equivalency may be granted to a candidate eligible to participate in the certification programs. Courses which do not have prior Division approval, but which correlate with the content areas of the required courses by meeting the requirements of this Section, the applicable Standard and which conclude with an evaluation of the candidate’s retention of course materials may be granted course equivalency status by the Division. This course equivalency status indicates an approval for certification purposes only, not for reimbursement.

a) To request a course equivalency, the candidate shall submit a letter to the Division requesting course equivalency with attached proof of course completion from the entity where the non-approved course was taken. Proof of course completions shall include the applicable referenced Standard. Course equivalency shall be granted if the course is compliant with the specific Standard referenced in the Illinois certification in Subpart D. If the course completion does not include the applicable referenced Standard, it shall be the responsibility of the candidate to obtain a formal letter from the legal or administrative staff of the entity where the non-approved course was taken, stating the applicable Standard that was referenced for the specific course. College catalog descriptions are not sufficient documentation for review.

b) When a course is granted course equivalency, the candidate will be allowed to challenge the State Written and Practical Examinations one time. If passed on the first attempt and all certification prerequisites are met, the candidate will then be eligible for certification. Failure of either the State Written or Practical Examination will invalidate the course equivalency status and require the candidate to successfully complete a Division-approved certification course prior to challenging the State Written and Practical Examination a second time.

History

• Source: Amended at 47 Ill. Reg. 424, effective January 1, 2023

41 Ill. Adm. Code 141.125 Course Approval Standards (repealed)

History

• Source: Repealed at 47 Ill. Reg. 424, effective January 1, 2023

41 Ill. Adm. Code 141.200 State Examinations

a) State Written Examinations shall be developed and provided by the Division and administered by approved testing facilities. The battery of State Written Examinations to be given shall be determined by the Division.

1. The Office may approve vendors to proctor State Written Examinations following established State procurement rules.

2. When challenging a State Written Examination, candidates shall follow established rules and guidelines set forth by the vendor proctoring the State Written Examinations.

A) The Office shall pay, one time only, for a candidate to challenge a State Written Examination of a specific level.

B) If a candidate fails the State Written Examination or fails to appear for their scheduled examination, it shall be the responsibility of the candidate or fire department to pay for additional opportunities to challenge the State Written Examination of the specific level.

3. Fire service-related State Written Examinations require a 70% overall passing rate. In the case of State Written Modular Examinations, a 70% overall passing rate for each module is required.

4. State Written Examination results shall be posted to the candidate's records and made available by accessing the DPSE WebAccess Portal. The Division shall maintain these scores and may use them internally for statistical or employment purposes.

5. Procedure to Request State Written Examination

A) The training facility or fire department shall submit the completed Request for Examination utilizing the DPSE WebAccess Portal.

B) The Request for Examination attests that each candidate has a documented learning experience in each of the subject areas of the State Written Examination requested. It shall be the responsibility of the candidate's employing fire chief, or their designee, to verify completion of all prerequisites for Requests for Examination submitted to the Division.

C) A Request for Examination includes:

i) Name of training facility submitting Request for Examination;

ii) Name of State Written Examination;

iii) Training facility with proper Course Approval;

iv) Fire Chief or Director's name;

v) Name of Qualified Instructor;

vi) Names of candidates; and

vii) Test start date.

D) The candidate must be registered on the DPSE WebAccess Portal with a valid e-mail address as required in Section 141.65.

E) When a Request for Examination is approved, a confirmation e-mail will be sent to the candidate's registered e-mail from the vendor with instructions and examination requirements. The candidate has 45 days after the test start date to schedule their examination date. The test start date shall be submitted as part of the Request for Examination.

F) Candidates challenging the State Written Examinations shall meet one of the following employment requirements and be at least 18 years of age:

i) Engaged in firefighting in an organized Illinois fire department in accordance with the Act and attested by the candidate's employing fire chief;

ii) Employed by a local governmental agency;

iii) Employed by an Illinois fire brigade;

iv) Employed by the Office; or

v) Individuals who have retired from active fire service duties and are officially affiliated with fire service training, mutual aid, incident command, fire ground operations or staff support for fire associations.

G) Candidates who have not met minimum requirements for a State Written Examination shall not be examined.

H) Reasonable modifications to the practices or procedures for proctoring State Written Examinations, in accordance with the federal regulations implementing Title II of the Americans with Disabilities Act (28 CFR 35), shall be permitted upon the Office's receipt, review and approval of a written request from the candidate requesting the specific accommodations. Formal documentation supporting the modification or accommodation sought shall accompany the written request. The vendor shall be notified by the Division of the approval, including the name of the candidate, the accommodations approved and the specific OSFM identification number for the candidate.

6. The Office and IFSI, pursuant to the Intergovernmental Cooperation Act [5 ILCS 22] and in accordance with the Civil Administrative Code [20 ILCS 5/5-655], entered into an Intergovernmental Agreement, in furtherance of the certification program, which allows IFSI end of course examinations that pertain to certifications to be reviewed and approved as equivalent to the State Written Examinations. Candidates who complete the approved equivalent IFSI examinations and requirements are not required to challenge and pass the State Written Examinations. The Intergovernmental Agreement will be reviewed and revised as necessary.

7. Re-examination of State Written Examinations

A) No candidate shall be re-examined without further documented learning experiences in each of the failed subject areas.

B) There shall be no limits set by the Division for the number of times a candidate may take the State Written Examination, except when the State Written Examinations are allowed under Section 141.120.

b) State Practical Examinations shall be developed and provided by the Division.

1. The test site shall have toilet facilities in proximity of the area.

2. A Qualified Instructor is required to sign documentation confirming passage of the practical examinations.

3. For all certification courses that require a Qualified Instructor, at minimum, additional instructors must be certified as Instructor I and to the certification level when evaluating practical examinations.

4. All candidates shall be in clear view of the Qualified Instructor or an additional instructor that meets the requirements of subsection (b)(3).

5. The proctor shall not be permitted to discuss or answer inquiries regarding skills required for the State Practical Examination.

6. State Practical Examination results shall be posted to the candidate's records and made available by accessing the DPSE WebAccess Portal. The Division shall maintain these results and may use them internally for statistical or employment purposes.

A) Candidates challenging the State Practical Examinations shall meet one of the following employment requirements and be at least 18 years of age:

i) Engaged in firefighting in an organized Illinois fire department in accordance with the Act and attested by the candidate's employing fire chief;

ii) Employed by a local governmental agency;

iii) Employed by an Illinois fire brigade;

iv) Employed by the Office; or

v) Individuals who have retired from active fire service duties and are officially affiliated with fire service training, mutual aid, incident command, fire ground operations or staff support for fire associations.

B) Candidates who have not met minimum requirement for a State Practical Examination shall not be examined, nor shall candidates who are ill or obviously under the influence of drugs or alcohol. In making the determination of drug or alcohol impairment, the Division shall consider, but is not limited to, observation of demeanor, slurred speech, odor of alcohol, general behavior and other considerations that may aid in making the determination.

7. State Practical Examinations required by the Division for all certifications other than Basic Operations Firefighter are valid for 12 months. If a candidate has not passed the State Written Examination within 12 months after passing the State Practical Examination, the candidate must retake the State Practical Examination. State Practical Examinations for Basic Operations Firefighter are valid for 5 years. If a candidate does not pass the State Written Examination for Basic Operations Firefighter within 5 years after passing the State Practical Examination, the candidate must retake the State Practical Examination.

8. The passing rate of all State Practical Examinations shall be 100% and it shall be the responsibility of the qualified instructor to follow the Division's administrative rules and assure accuracy of the skills.

9. If firefighters from a given fire department experience excessive or repeated failures of a State Written or Practical Examination, the fire chief and appropriate officers of the department are encouraged to contact the Office for assistance.

10. Non-affiliated individuals may not challenge any State Written or Practical Examinations except as permitted under Section 141.215.

11. The Office may extend deadlines for requirements of this Section for good cause shown (e.g., military deployments, medical leaves, personal emergencies, Acts of God or natural disasters, Gubernatorial Disaster Proclamation, etc.).

History

• Source: Amended at 48 Ill. Reg. 10877, effective July 11, 2024

41 Ill. Adm. Code 141.205 Testing Facilities and Proctors (repealed)

History

• Source: Repealed at 47 Ill. Reg. 424, effective January 1, 2023

41 Ill. Adm. Code 141.210 Invalidation of a Candidate's State Written or Practical Examination Scores

a) During a State Written Examination, if the vendor finds evidence of a candidate cheating or violating any requirements of this Part, the vendor shall immediately end the candidate's examination and confiscate any unauthorized note or reference materials. Evidence of cheating may include the following or similar activities:

1. Looking at unauthorized notes or reference materials;

2. Obviously looking directly at another candidate's answers;

3. Talking during the examination;

4. Suspicious behavior relevant to alcohol or drug abuse; or

5. Failing to follow the vendor's instructions prior to or during the examination.

b) The vendor shall submit a written report of the facts involved in the incident and include any confiscated materials to the Office.

c) Confiscated materials shall be retained by the Division.

d) When the Division determines that the evidence presented by the vendor is credible, the candidate's State Written Examination score shall be invalidated and a written notification shall be sent to the candidate and employing chief, which shall include:

1. A description of the incident;

2. Notification that the State Written Examination score was invalidated; and

3. A notice that the candidate is not permitted to challenge a State Written Examination for 120 days.

e) The Division will review training records of training facilities and fire service personnel. In the course of reviewing training records, a candidate’s State Written or Practical Examination scores shall be invalidated for causes including:

1. A State Practical Examination score was awarded based upon erroneous documentation in training records or erroneous documentation submitted to the Division;

2. The training facility fails to maintain or produce the required training records;

3. The instructor was not qualified at the appropriate certification level;

4. The training facility did not possess valid training facility or course approval; or

5. Other factors indicating a failure to meet the required examination standards.

f) When the Division determines that evidence involved requires the invalidation of a candidate’s State Written or Practical Examination score, the candidate's State Written or Practical Examination score shall be invalidated and a written notification shall be sent to the candidate, the candidate’s employing chief and training facility, if applicable, which shall include:

1. Description of the incident; and

2. Notification that the State Written or Practical Examination scores were invalidated.

g) Any candidate whose State Written or Practical Examinations scores are invalidated may request a hearing in accordance with Section 141.50.

History

• Source: Amended at 47 Ill. Reg. 424, effective January 1, 2023

41 Ill. Adm. Code 141.215 Non-Affiliated Individuals

a) Notwithstanding the other requirements of this Part, this Section establishes the process, effective January 1, 2023, for the Division to recognize non-affiliated individuals who complete select, approved courses, pass select State Written and Practical Examinations, and, upon becoming engaged as fire service personnel, have an opportunity to obtain Basic Operations Firefighter and Hazardous Materials Operations certifications.

1. The Division will recognize course completion by non-affiliated individuals who complete an approved course for Basic Operations Firefighter or Hazardous Materials Operations.

2. The Division will allow non-affiliated individuals the opportunity to challenge the State Written Examinations for Basic Operations Firefighter and Hazardous Materials Operations courses.

3. The Division will recognize a non-affiliated individual's passage of State Practical Examinations upon completion of an approved course from a training facility for Basic Operations Firefighter and Hazardous Materials Operations.

4. Non-affiliated individuals who pass the State Written and Practical Examinations for Basic Operations Firefighter and Hazardous Materials Operations shall be issued a Recognition of Completion.

5. Non-affiliated individuals who have been issued a Recognition of Completion and subsequently become engaged as fire service personnel may receive certification from the Office for Basic Operations Firefighter and Hazardous Materials Operations if requirements under Subpart D are met.

b) A training facility may add non-affiliated individuals to their roster utilizing the DPSE WebAccess Portal for the purpose of submitting course completions and Requests for Examination as described in this Section.

1. Information required to be added on the DPSE WebAccess Portal shall include the non-affiliated individual's:

A) Name;

B) Address;

C) Date of birth;

D) Last 8 digits of their driver's license;

E) Status as "non-affiliated"; and

F) Other optional statistical data at the discretion of the training facility.

2. A training facility submitting course completions for non-affiliated individuals will be limited to submitting course completions for Basic Operations Firefighter and Hazardous Materials Operations and shall not submit course completions for non-affiliated individuals for any other courses.

3. The training facility may submit Requests for Examinations for Basic Operations Firefighter or Hazardous Materials Operations State Written Examinations for non-affiliated individuals who have completed an approved course for Basic Operations Firefighter or Hazardous Materials Operations, respectively, on the DPSE WebAccess portal. To submit a Request for Examination, a training facility shall follow the process of Section 141.200(a)(5)(A) through (C) except that the verification required by 141.200(a)(5)(B) shall be provided by the training facility.

4. A non-affiliated individual must be at least 18 years of age prior to challenging a State Written Examination.

c) Non-affiliated individuals shall be allowed to register on the DPSE WebAccess Portal to access their records. Registration using a valid email address shall be required prior to submission of request for examination and challenging State Written Examinations.

d) When a Request for Examination is approved, a confirmation e-mail will be sent to the non-affiliated individual's registered e-mail from the vendor with instructions and examination requirements. The non-affiliated individual has 45 days after the test start date to schedule their examination date. The test start date shall be submitted as part of the Request for Examination.

e) When challenging a State Written Examination, a non-affiliated individual shall follow established rules and guidelines set forth by the vendor proctoring the State Written Examination.

f) A non-affiliated individual is responsible for paying costs for State Written Examinations.

g) A non-affiliated individual shall be permitted reasonable modifications for Basic Operations Firefighter and Hazardous Materials Operations State Written Examinations in accordance with Section 141.200(a)(5)(H).

h) The Division will recognize a non-affiliated individual's passage of State Practical Examinations upon completion of an approved course from a training facility for Basic Operations Firefighter and Hazardous Materials Operations, as follows:

1. The non-affiliated individual must be at least 18 years of age prior to challenging a State Practical Examination.

2. State Practical Examinations for Basic Operations Firefighter are valid for 5 years. If a non-affiliated individual does not pass the State Written Examination within 5 years after passing the State Practical Examination, the non-affiliated individual must retake the State Practical Examination.

3. State Practical Examinations for Hazardous Materials Operations are valid for 12 months. If a non-affiliated individual does not pass the State Written Examination within 12 months after passing the State Practical Examination, the non-affiliated individual must retake the State Practical Examination.

4. If a non-affiliated individual passes the respective State Written Examination within the required practical examination time limit, a passed practical examination will remain valid with no expiration deadline.

i) In order to challenge a State Written Examination or State Practical Examination, a non-affiliated individual must meet the minimum requirements set forth in Section 141.200, except for the requirement to be engaged as fire service personnel. A non-affiliated individual who does not meet the minimum requirements set forth in Section 141.200 (except for the requirement to be engaged as fire service personnel) shall not be allowed to challenge a State Written Examination or State Practical Examination.

j) A non-affiliated individual who is ill or obviously under the influence of drugs or alcohol may not challenge the State Written Examination or State Practical Examination. In making the determination of drug or alcohol impairment, the Division shall consider, but is not limited to, observation of demeanor, slurred speech, odor of alcohol, general behavior and other considerations that may aid in making the determination.

k) A non-affiliated individual shall be required to achieve a passing score for State Written and Practical Examinations for Basic Operations Firefighter and Hazardous Materials Operations equivalent to those set forth in Section 141.200.

l) State Written Examination results shall be posted to the non-affiliated individual's records and made available by accessing the DPSE WebAccess Portal. The Division shall maintain these scores and shall use them internally for statistical or employment purposes.

m) No non-affiliated individual shall be re-examined without further documented learning experiences in each of the failed subject areas. There is no limit set by the Division for the number of times a non-affiliated individual may take the State Written Examination.

n) Where an additional requirement not specified in this Section 141.215 applies to candidates for State Written and Practical Examinations under Section 141.200, non-affiliated individuals shall also be subject to such requirement, except if that requirement is to be engaged as fire service personnel.

o) A non-affiliated individual shall be subject to Section 141.210, except that notification required under that Section to be provided to the chief shall not be provided.

p) The Division shall issue a Recognition of Completion to a non-affiliated individual who completes approved Basic Operations Firefighter and Hazardous Materials Operations courses and passes the respective State Written and Practical Examinations according to this Section. The Recognition of Completion shall, at minimum:

1. Recognize that the non-affiliated individual has completed select courses and passed select State Written and Practical Examinations;

2. List all referenced standards applicable to the courses completed; and

3. Specify that the recognition is not equivalent to a certification.

q) A non-affiliated individual who becomes engaged as fire service personnel at any time during the process of courses and State Written and Practical Examinations allowed under this Section prior to receiving a Recognition of Completion may use completed courses or passed State Written and Practical Examinations in pursuit of certification, provided they meet requirements under this Part.

r) A non-affiliated individual shall not receive a certification.

s) When a non-affiliated individual who has received a Recognition of Completion subsequently engages as fire service personnel, the fire chief may submit, via the DPSE WebAccess Portal, an Application for Certification for both Basic Operations Firefighter and Hazardous Materials Operations, in accordance with Sections 141.301 and 141.344.

t) The process outlined in Section 141.255 for the invalidation of State certifications shall apply to the invalidation of a non-affiliated individual's Recognition of Completion, except that the notification required under that section to be provided to the fire chief shall be provided to the non-affiliated individual.

u) The Office shall not reimburse any costs related to course completion, including tuition and fees, or examination of a non-affiliated individual. No non-affiliated individual, fire service personnel or local governmental agency may make claims for reimbursement or receive reimbursement for any cost related to course completion, including tuition and fees, or examination of any non-affiliated individual. If a non-affiliated individual becomes engaged as fire service personnel, any course that commenced prior to engagement as fire service personnel shall be ineligible for reimbursement.

v) The Office may extend deadlines for requirements of this Section for good cause shown (e.g., military deployments, medical leaves, personal emergencies, Acts of God or natural disasters, Gubernatorial Disaster Proclamation, etc.).

History

• Source: Amended at 48 Ill. Reg. 10877, effective July 11, 2024

41 Ill. Adm. Code 141.220 Certificates Earned by Bypass Examination (repealed)

History

• Source: Repealed at 41 Ill. Reg. 6594, effective August 1, 2017

41 Ill. Adm. Code 141.230 Examination Procedures for End-of-Course Examinations Not Administered by the Office (repealed)

History

• Source: Repealed at 47 Ill. Reg. 424, effective January 1, 2023

41 Ill. Adm. Code 141.240 Bypass Examination (repealed)

History

• Source: Repealed at 41 Ill. Reg. 6594, effective August 1, 2017

41 Ill. Adm. Code 141.250 State Certifications

a) Qualified candidates for certification shall be at least 18 years of age and meet one of the following employment prerequisites:

1. Engaged in firefighting in an organized Illinois fire department in accordance with the Act and attested by the candidate's employing fire chief;

2. Employed by a local governmental agency;

3. Employed by a fire brigade;

4. Employee of the Office; or

5. Individuals who have retired from active fire service duties and are officially affiliated with fire service training, mutual aid, incident command, fire ground operations, or staff support for fire associations.

b) Certifications shall be granted when all requirements for that level are met as provided in Subpart D. It shall be the responsibility of the candidate’s employing chief, or their designee, to verify and attest completion of all prerequisites set out in Subpart D prior to submitting an Application for Certification to the Division, utilizing the DPSE WebAccess Portal.

c) Employing departments of candidates receiving certification shall be sent electronic notification of the certification from the Division. The candidate can view and print their certification by utilizing the DPSE WebAccess Portal.

d) The certification program does not recognize certification levels as ranks due to the inconsistency of rank structures utilized by fire departments throughout the State.

e) Refer to Section 141.395 for clarification on how to utilize obsolete certifications as prerequisites for certifications and instructor qualifications.

History

• Source: Amended at 47 Ill. Reg. 424, effective January 1, 2023

41 Ill. Adm. Code 141.255 Invalidation of Candidate’s State Certifications or Recertifications

a) A previously awarded certification may be invalidated when it is determined by the Division that one of the following has occurred:

1. A Certification was awarded based upon erroneous documentation in training records or erroneous documentation submitted to the Division; or

2. Cheating on the State Written or Practical Examination; or

3. Any other basis for invalidation as set out in Section 141.210.

b) A previously awarded recertification may be invalidated when it is determined by the Division that a recertification was awarded based upon erroneous documentation. When it is determined that a certification is invalidated under subsection (a), all subsequent recertifications shall also be invalidated.

c) When the Division determines that evidence of an occurrence listed in subsection (a) or (b) exists to invalidate a candidate’s State Certification or Recertification, the Division shall:

1. Invalidate the specific certifications or recertifications involved in the occurrence;

2. Provide written notification to all fire service personnel whose certifications or recertifications were invalidated and explanation of the situation and reasons for invalidation, including the right to appeal the invalidation and the procedure for appeal; and

3. Provide written notification to the chiefs of all fire service personnel whose certifications or recertifications were invalidated and explanation of the situation and reasons for invalidation, including the right to appeal the invalidation and the procedure for appeal.

d) Records of invalidation of certifications or recertifications shall be retained by the Division, including all applicable documentation referencing the invalidation of the certification or recertification.

e) Where certifications are invalidated, fire service personnel who meet the prerequisites set forth in Subpart D and requirements set forth in Section 141.250 may reapply for certification upon verification and attestation by the employing chief.

f) Where recertifications are invalidated, fire service personnel who hold the certification and meet the prerequisites set forth in Section 141.390 may reapply for recertification upon verification and attestation by the employing chief.

g) Any candidate whose certifications or recertifications are invalidated may request a hearing, in accordance with Section 141.50.

History

• Source: Added at 47 Ill. Reg. 424, effective January 1, 2023

41 Ill. Adm. Code 141.300 Firefighter Ii (repealed)

History

• Source: Repealed at 41 Ill. Reg. 6594, effective August 1, 2017

41 Ill. Adm. Code 141.301 Basic Operations Firefighter

a) An Illinois Basic Operations Firefighter certification shall meet or exceed the qualifications identified in NFPA 1010.

b) Prerequisites

1. Engagement as Illinois fire protection personnel, as attested by the employing fire chief of the candidate seeking certification;

2. Successful completion of a Basic Operations Firefighter course consisting of a minimum of 180 instructional hours;

3. Passage of the State Written and State Practical Examinations;

4. Completion of certification requirements for Hazardous Materials Operations; and

5. Application for Certification.

c) Training documentation shall be maintained in the fire service personnel's training records at the employing fire department.

d) A qualified instructor for this level must be certified as a Fire Service Instructor I. There shall be at least one instructor for every 6 students during State Practical Examination evolutions.

e) Fire department or individual reimbursement may be available for training costs for Basic Operations Firefighter as provided in Subpart E.

f) The course as set forth in Section 141.115 and training facility as set forth in Section 141.100 must be approved by the Division.

g) Credit for an equivalent course will be approved by the Division when the equivalent course meets the requirements of Section 141.120.

h) Modular Training

1. Basic Operations Firefighter training may be taken in a series of modules or as a complete course. The module series shall include:

A) Module A

i) Introduction to the Fire Service and Firefighter Safety;

ii) Forcible Entry and Tools;

iii) Fire Department Communication;

iv) Building Construction;

v) Fire Dynamics;

vi) Firefighter Personal Protective Equipment (PPE) and Self-Contained Breathing Apparatus (SCBA);

vii) Ladders; and

viii) Ropes and Knots.

B) Module B

i) Search and Rescue;

ii) Portable Fire Extinguishers;

iii) Salvage and Overhaul (Loss Control);

iv) Ventilation;

v) Water Supply;

vi) Fire Hose, Appliances, Nozzles and Fire Streams; and

vii) Fire Control.

C) Module C

i) Familiarity with the signs and symptoms of mental illness, mental health and resiliency, and applicable resources to manage such situations;

ii) Ability to identify the signs and symptoms of substance abuse, particularly opioids, and a familiarity with applicable resources to manage such situations;

iii) Completion of a CPR/Basic First Aid course;

iv) Completion of NIMS 100 and 700 courses;

v) Completion of the Courage To Be Safe course; and

vi) Completion of Traffic Incident Management (NFPA 1091) training or its equivalent.

2. The State Written Examination for Basic Operations Firefighter training may be taken in a series of modules or as one complete examination.

History

• Source: Amended at 49 Ill. Reg. 15637, effective November 24, 2025

Chapter I Office of the State Fire Marshal

Part 141 Requirements for the Participation and Certification of Fire Protection Personnel

41 Ill. Adm. Code 141.302 Airport Firefighter

a) An Illinois Airport Firefighter certification shall meet or exceed the qualifications identified in NFPA 1010.

b) Prerequisites

1. Engagement as Illinois fire protection personnel, as attested by the employing fire chief of the candidate seeking certification;

2. Current certification as Advanced Technician Firefighter;

3. Successful completion of an Airport Firefighter course consisting of a minimum of 40 instruction hours;

4. Passage of the State Written and State Practical Examinations; and

5. Application for Certification.

c) Training documentation shall be maintained in the fire service personnel's training records at the employing fire department.

d) A qualified instructor for this level must be certified as a Fire Service Instructor II and Airport Firefighter. There shall be at least one instructor for every 6 students during State Practical Examination evolutions.

e) Fire department or individual reimbursement may be available for training costs for Airport Firefighter as provided in Subpart E.

f) The course as set forth in Section 141.115 and the training facility as set forth in Section 141.100 must be approved by the Division.

g) Credit for an equivalent course will be approved by the Division when the equivalent course meets the requirements of Section 141.120.

History

• Source: Amended at 48 Ill. Reg. 10877, effective July 11, 2024

41 Ill. Adm. Code 141.303 Advanced Technician Firefighter

a) An Illinois Advanced Technician Firefighter certification shall meet or exceed the qualifications identified in NFPA 1010.

b) Prerequisites

1. Engagement as Illinois fire protection personnel, as attested by the employing fire chief of the candidate seeking certification;

2. Current certification as Fire Service Vehicle Operator;

3. Successful completion of an Advanced Technician Firefighter course consisting of a minimum of 40 instructional hours;

4. Passage of the State Written and State Practical Examinations;

5. Completion of NIMS 200 course; and

6. Application for Certification.

c) Training documentation shall be maintained in the fire service personnel's training records at the employing fire department.

d) A qualified instructor for this level must be certified as Fire Instructor II. There shall be at least one instructor for every 6 students during State Practical Examination evolutions.

e) Fire department or individual reimbursement may be available for training costs for Advanced Technician Firefighter as provided in Subpart E.

f) The course as set forth in Section 141.115 and the training facility as set forth in Section 141.100 must be approved by the Division.

g) Credit for an equivalent course will be approved by the Division when the equivalent course meets the requirements of Section 141.120.

History

• Source: Amended at 48 Ill. Reg. 10877, effective July 11, 2024

41 Ill. Adm. Code 141.304 Firefighter Iii (repealed)

History

• Source: Repealed at 41 Ill. Reg. 6594, effective August 1, 2017

41 Ill. Adm. Code 141.306 Fire Apparatus Engineer

a) An Illinois Fire Apparatus Engineer certification shall meet or exceed the qualifications identified in NFPA 1010.

b) Prerequisites

1. Engagement as Illinois fire protection personnel, as attested by the employing fire chief of the candidate seeking certification;

2. Current certification as Fire Service Vehicle Operator;

3. Successful completion of a Fire Apparatus Engineer course consisting of a minimum of 40 instructional hours;

4. Passage of the State Written and State Practical Examinations; and

5. Application for Certification.

c) Training documentation shall be maintained in the fire service personnel's training records at the employing fire department.

d) A qualified instructor for this level must be certified as Fire Service Instructor II and Fire Apparatus Engineer. There shall be at least one instructor for every 6 students during State Practical Examination evolutions.

e) Fire department or individual reimbursement may be available for training costs for Fire Apparatus Engineer as provided in Subpart E.

f) The course as set forth in Section 141.115 and the training facility as set forth in Section 141.100 must be approved by the Division.

g) Credit for an equivalent course will be approved by the Division when the equivalent course meets the requirements of Section 141.120.

History

• Source: Amended at 48 Ill. Reg. 10877, effective July 11, 2024

41 Ill. Adm. Code 141.308 Fire Officer I (repealed)

History

• Source: Repealed at 47 Ill. Reg. 424, effective January 1, 2023

41 Ill. Adm. Code 141.309 Company Fire Officer

a) An Illinois Company Fire Officer certification shall meet or exceed the qualifications identified in NFPA 1021.

b) Prerequisites

1. Engagement as Illinois fire protection personnel, as attested by the employing fire chief of the candidate seeking certification;

2. Current certification as Advanced Technician Firefighter;

3. Current certification as Fire Service Instructor I;

4. Successful completion of a Company Fire Officer course following the described phases of education:

A) Phase 1: Background and foundational information can be taught via on-line learning management systems or in the classroom, consisting of a minimum of 40 instructional hours; and

B) Phase 2: Practical applications and information review shall be completed in a traditional classroom setting. This section shall be completed in class to achieve student interaction with the complex management situations that Company Fire Officers encounter. This phase consists of a minimum of 80 instructional hours.

5. Passage of the State Written Examination:

A) Once a candidate has successfully completed Phases 1 and 2 of an approved Company Fire Officer course, the candidate may challenge the State Written Examination.

B) The State Written Examination must be passed within one year after completion of Phase 2 of an approved Company Fire Officer course. If the State Written Examination is not passed within one year after the completion of Phase 2 of an approved Company Fire Officer course, the candidate will be required to retake Phases 1 and 2 prior to receiving certification.

6. Phase 3: Upon successful completion of Company Fire Officer Phases 1 and 2, and passage of the State Written Examination, the candidate will have a maximum of 3 years to complete the Company Fire Officer Task Book (Task Book), supplied by the Division.

A) The completed Task Book shall be verified by a certified Company Fire Officer.

B) The qualified instructor and employing fire chief shall document the completion of the Task Book.

C) If the Task Book is not completed within 3 years, the candidate shall be required to retake all Phases prior to certification.

D) All tasks in the Task Book must be completed after the candidate's passage of the State Written Examination. Any tasks completed in the Task Book prior to passage of the State Written Examination shall not be counted towards the completion of the Task Book.

7. Documentation of a minimum of 4 cumulative years of fire service experience; and

8. Application for Certification.

c) Training documentation shall be maintained in the fire service personnel's training records at the employing fire department.

d) A qualified instructor for this level must be certified as Fire Service Instructor II and Company Fire Officer.

e) Fire department or individual reimbursement may be available for training costs for Company Fire Officer as provided in Subpart E.

f) The course as set forth in Section 141.115 and the training facility as set forth in Section 141.100 must be approved by the Division.

g) Credit for an equivalent course will be approved by the Division when the equivalent course meets the requirements of Section 141.120.

h) Exception to Prerequisites. If a candidate was previously certified as Fire Officer I, and meets the requirements of subsections (b)(1), (2), (3), (7), and (8), then the candidate must pass the Company Fire Officer State Written Examination and complete the Task Book to be issued a Company Fire Officer certification.

History

• Source: Amended at 48 Ill. Reg. 10877, effective July 11, 2024

41 Ill. Adm. Code 141.310 Fire Service Executive Support

a) An Illinois Fire Service Executive Support certification shall meet or exceed the qualifications identified in NFPA 1021.

b) Prerequisites

1. Engagement as Illinois fire protection personnel, as attested by the employing fire chief of the candidate seeking certification;

2. Successful completion of the Fire Service Executive Support courses consisting of a minimum of 104 instructional hours;

3. Passage of the State Written and Practical Examinations;

4. Documentation of a minimum of 3 cumulative years of fire service experience; and

5. Application for Certification.

c) Training documentation shall be maintained in the fire service personnel's training records at the employing fire department.

d) A qualified instructor for this level must be certified as Fire Service Executive Support.

e) Fire department or individual reimbursement may be available for training costs for Fire Service Executive Support as provided in Subpart E.

f) The course as set forth in Section 141.115 and the training facility as set forth in Section 141.100 must be approved by the Division.

g) Credit for an equivalent course will be approved by the Division when the equivalent course meets the requirements of Section 141.120.

History

• Source: Amended at 48 Ill. Reg. 10877, effective July 11, 2024

41 Ill. Adm. Code 141.312 Fire Department Incident Safety Officer

a) An Illinois Fire Department Incident Safety Officer certification shall meet or exceed the qualifications identified in NFPA 1521.

b) Prerequisites

1. Engagement as Illinois fire protection personnel, as attested by the employing fire chief of the candidate seeking certification;

2. Current certification as Company Fire Officer;

3. Successful completion of a Fire Department Incident Safety Officer course consisting of a minimum of 40 instructional hours;

4. Passage of the State Written Examination; and

5. Application for Certification.

c) Training documentation shall be maintained in the fire service personnel's training records at the employing fire department.

d) A qualified instructor for this level must be certified as Fire Service Instructor II and Fire Department Incident Safety Officer.

e) Fire department or individual reimbursement may be available for training costs for Fire Department Incident Safety Officer as provided in Subpart E.

f) The course as set forth in Section 141.115 and the training facility as set forth in Section 141.100 must be approved by the Division.

g) Credit for equivalent courses will be approved by the Division when the equivalent course meets the requirements of Section 141.120.

History

• Source: Amended at 47 Ill. Reg. 424, effective January 1, 2023

41 Ill. Adm. Code 141.313 Fire Department Health and Safety Officer

a) An Illinois Fire Department Health and Safety Officer shall meet or exceed the qualifications identified in NFPA 1521.

b) Prerequisites

1. Engagement as Illinois fire protection personnel, as attested by the employing fire chief of the candidate seeking certification;

2. Current certification as Company Fire Officer;

3. Successful completion of a Fire Department Health and Safety Officer course consisting of a minimum of 40 instructional hours;

4. Passage of the State Written Examination; and

5. Application for Certification.

c) Training documentation shall be maintained in the fire service personnel's training records at the employing fire department.

d) A qualified instructor for this level must be certified as Fire Service Instructor II and Fire Department Health and Safety Officer.

e) Fire department or individual reimbursement may be available for training costs for Fire Department Health and Safety Officer as provided in Subpart E.

f) The course as set forth in Section 141.115 and the training facility as set forth in Section 141.100 must be approved by the Division.

g) Credit for equivalent courses will be approved by the Division when the equivalent course meets the requirements of Section 141.120.

History

• Source: Amended at 47 Ill. Reg. 424, effective January 1, 2023

41 Ill. Adm. Code 141.314 Fire Officer Ii (repealed)

History

• Source: Repealed at 47 Ill. Reg. 424, effective January 1, 2023

41 Ill. Adm. Code 141.315 Advanced Fire Officer

a) An Illinois Advanced Fire Officer certification shall meet or exceed the qualifications identified in NFPA 1021.

b) Prerequisites

1. Engagement as Illinois fire protection personnel, as attested by the employing fire chief of the candidate seeking certification;

2. Current certification as a Company Fire Officer;

3. Current certification as Fire Department Incident Safety Officer;

4. Current certification as Fire Service Instructor II;

5. Completion of the NIMS 800 course;

6. Successful completion of an Advanced Fire Officer course following the described phases of education:

A) Phase 1: Background and foundational information can be taught via on-line learning management systems or in the classroom, consisting of a minimum of 40 instructional hours; and

B) Phase 2: Practical applications and information review shall be completed in a traditional classroom setting. This section shall be completed in class to achieve student interaction with the complex management situations that Advanced Fire Officers encounter. This phase consists of a minimum of 80 instructional hours.

7. Passage of the State Written Examination:

A) Once a candidate has successfully completed Phases 1 and 2 of an approved Advanced Fire Officer course, the candidate may challenge the State Written Examination.

B) The State Written Examination must be passed within one year after completion of Phase 2 of an approved Advanced Fire Officer course. If the State Written Examination is not passed within one year after completion of Phase 2 of an approved Advanced Fire Officer course, the candidate must retake Phases 1 and 2 prior to receiving certification.

8. Phase 3: Upon successful completion of Advanced Fire Officer Phases 1 and 2 and passage of the State Written Examination, the candidate will have a maximum of 3 years to complete the Advanced Fire Officer Task Book (Task Book) supplied by the Division.

A) The completed Task Book shall be verified by a certified Advanced Fire Officer.

B) The qualified instructor and employing fire chief shall document the completion of the Task Book.

C) If the Task Book is not completed within 3 years, the candidate shall be required to retake all Phases prior to certification.

D) All tasks in the Task Book must be completed after the candidate's passage of the State Written Examination. Any tasks completed in the Task Book prior to passage of the State Written Examination shall not be counted towards the completion of the Task Book.

9. Documentation of a minimum of 5 cumulative years of fire service experience; and

10. Application for Certification.

c) Training documentation shall be maintained in the fire service personnel's training records at the employing fire department.

d) A qualified instructor for this level must be certified as Fire Service Instructor II and Advanced Fire Officer.

e) Fire department or individual reimbursement may be available for training costs for Advanced Fire Officer as provided in Subpart E.

f) The course as set forth in Section 141.115 and the training facility as set forth in Section 141.100 must be approved by the Division.

g) Credit for equivalent courses will be approved by the Division when the equivalent course meets the requirements of Section 141.120.

h) Exception to Prerequisites. If a candidate was previously certified as Fire Officer II, and meets the requirements of subsections (b)(1) through (5), (9) and (10), then the candidate pass the Advanced Fire Officer State Written Examination and complete the Task Book to be issued an Advanced Fire Officer certification.

History

• Source: Amended at 48 Ill. Reg. 10877, effective July 11, 2024

41 Ill. Adm. Code 141.316 Chief Fire Officer

a) An Illinois Chief Fire Officer certification shall meet or exceed the qualifications identified in NFPA 1021.

b) Prerequisites

1. Engagement as Illinois fire protection personnel, as attested by the employing fire chief of the candidate seeking certification;

2. Currently hold a position at the managerial or administrative level;

3. Current certification as an Advanced Fire Officer;

4. Completion of the NIMS 300 and 400 Command and General Staff courses;

5. Documentation of a minimum of 10 cumulative years of fire service experience;

6. Submission of the Chief Fire Officer application supplied by the Division, including:

A) Resume;

B) Organizational chart of their fire department;

C) Copy of the candidate's highest degree or transcripts;

D) Copy of the candidate's Advanced Fire Officer certification;

E) Copies of the candidate's NIMS 300 and 400 or Command and General Staff course completions;

F) Three letters of reference, one being from their immediate supervisor;

G) Documentation of a minimum of 10 cumulative years of fire service experience; and

H) Signed statement of attestation by the fire chief or, in the case of the applicant being the fire chief, the supervisor of the fire chief (such as Mayor, President of Trustees or similar official).

7. Successful completion of an approved Chief Fire Officer course following these phases of education:

A) Phase 1: Background and foundational information can be taught via online learning management systems or in the classroom, consisting of a minimum of 200 instructional hours; and

B) Phase 2: Practical applications and information review shall be completed in a traditional classroom setting. This section shall be completed in class to achieve student interaction with the complex management situations that Chief Fire Officers encounter. This phase consists of a minimum of 100 instructional hours.

8. Passage of the State Written Examination;

A) Once a candidate has successfully completed Phases 1 and 2 of an approved Chief Fire Officer course, the candidate may challenge the State Written Examination;

B) The State Written Examination shall be passed within one year after completion of Phase 2 of an approved Chief Fire Officer course. If the State Written Examination is not passed within one year after completion of Phase 2 of an approved Chief Fire Officer course, the candidate shall be required to retake Phases 1 and 2 prior to receiving certification;

9. Phase 3: Submission of a completed Task Book for certification. The task book for certification shall be signed by the fire chief or, in the case of the applicant being the fire chief, the supervisor of the fire chief (such as Mayor, President of Trustees or similar official). The candidate shall have a maximum of 3 years from date of passage of the State Written Examination to complete the Chief Fire Officer Task Book supplied by the Division;

10. For Full Certification, a candidate must meet all requirements in NFPA 1021 for Fire Officer III and Fire Officer IV and the requirements identified in the current Task Book;

11. For Provisional Certification, a candidate must meet all requirements in NFPA 1021 for Fire Officer III and requirements identified in the current Task Book; and

12. Candidates who have completed a Chief Fire Officer course prior to January 1, 2022, and have not received Full Certification by December 31, 2025, must complete a new course prior to applying for or receiving Full Certification at the Chief Fire Officer level.

c) Training documentation shall be maintained in the fire service personnel's training records at the employing fire department.

d) A qualified instructor for this level must be certified as Fire Service Instructor II and Chief Fire Officer.

e) Fire department or individual reimbursement may be available for training costs for Chief Fire Officer as provided in Subpart E.

f) The course as set forth in Section 141.115 and the training facility as set forth in Section 141.100 must be approved by the Division.

g) Credit for an equivalent course will be approved by the Division when the equivalent course meets the requirements of Section 141.120.

History

• Source: Amended at 48 Ill. Reg. 10877, effective July 11, 2024

41 Ill. Adm. Code 141.317 Fire Department Safety Officer

a) An Illinois Fire Department Safety Officer certification shall meet or exceed the qualifications identified in NFPA 1521.

b) Prerequisites

1. Engagement as Illinois fire protection personnel, as attested by the employing fire chief of the candidate seeking certification;

2. Current certification as Fire Department Incident Safety Officer;

3. Current certification as Fire Department Health and Safety Officer; and

4. Application for Certification.

c) Training documentation shall be maintained in the fire service personnel's training records at the employing fire department.

d) A qualified instructor for this level must be certified as Fire Service Instructor II and Fire Department Safety Officer.

e) Credit for an equivalent course will be approved by the Division when the equivalent course meets the requirements of Section 141.120.

History

• Source: Amended at 47 Ill. Reg. 424, effective January 1, 2023

41 Ill. Adm. Code 141.318 Fire Service Instructor I

a) An Illinois Fire Service Instructor I certification shall meet or exceed the qualifications identified in NFPA 1041.

b) Prerequisites

1. Engagement as Illinois fire protection personnel, as attested by the employing fire chief of the candidate seeking certification;

2. Current certification as Basic Operations Firefighter;

3. Successful completion of a Fire Service Instructor I course consisting of a minimum of 40 instructional hours;

4. Passage of the State Written and Practical Examinations;

5. Documentation of a minimum of 3 cumulative years of fire service experience; and

6. Application for Certification.

c) Training documentation shall be maintained in the fire service personnel's training records at the employing fire department.

d) A qualified instructor for this level must be certified as Fire Service Instructor II.

e) Fire department or individual reimbursement may be available for training costs for a Fire Service Instructor I as provided in Subpart E.

f) The course as set forth in Section 141.115 and training facility as set forth in Section 141.100 must be approved by the Division.

g) Credit for equivalent courses will be approved by the Division when the equivalent course meets the requirements of Section 141.120.

h) Fire service personnel that provide proof of a valid and current Professional Educator License issued pursuant to Article 21B of the School Code [105 ILCS 5], and in compliance with any rules adopted by the State Board of Education regarding licensure, shall be deemed to have successfully completed the Fire Service Instructor I and II course and passed the State Written and Practical Examinations for Fire Service Instructor I and II. Fire service personnel must submit to the Division, in writing, a request to update training records and attach proof of the Professional Educator License. Once confirmed by the Division, the fire service personnel’s training records will be updated.

History

• Source: Amended at 47 Ill. Reg. 424, effective January 1, 2023

41 Ill. Adm. Code 141.320 Fire Service Instructor Ii

a) An Illinois Fire Service Instructor II certification shall meet or exceed the qualifications identified in NFPA 1041.

b) Prerequisites

1. Engagement as Illinois fire protection personnel, as attested by the employing fire chief of the candidate seeking certification;

2. Current certification as Advanced Technician Firefighter;

3. Current certification as Fire Service Instructor I;

4. Successful completion of a Fire Service Instructor II course consisting of a minimum of 40 instructional hours;

5. Passage of the State Written and Practical Examinations;

6. Documentation of a minimum of 5 cumulative years of fire service experience; and

7. Application for Certification.

c) Training documentation shall be maintained in the fire service personnel's training records at the employing fire department.

d) A qualified instructor for this level must be certified as Fire Service Instructor II.

e) Fire Department or individual reimbursement may be available for training costs for Fire Service Instructor II as provided in Subpart E.

f) The course as set forth in Section 141.115 and the training facility as set forth in Section 141.100 must be approved by the Division.

g) Credit for an equivalent course will be approved by the Division when the equivalent course meets the requirements of Section 141.120.

h) Fire service personnel that provide proof of a valid and current Professional Educator License issued pursuant to Article 21B of the School Code [105 ILCS 5], and in compliance with any rules adopted by the State Board of Education regarding licensure, shall be deemed to have successfully completed the Fire Service Instructor I and II course and passed the State Written and Practical Examinations for Fire Service Instructor I and II. Fire service personnel must submit to the Division, in writing, a request to update training records and attach proof of the Professional Educator License. Once confirmed by the Division, the fire service personnel’s training records will be updated.

History

• Source: Amended at 47 Ill. Reg. 424, effective January 1, 2023

41 Ill. Adm. Code 141.322 Fire Service Instructor Iii

a) An Illinois Fire Service Instructor III certification shall meet or exceed the qualifications identified in NFPA 1041.

b) Prerequisites

1. Engagement as Illinois fire protection personnel, as attested by the employing fire chief of the candidate seeking certification;

2. Current Certification as Fire Service Instructor II;

3. Successful completion of a Fire Service Instructor III course consisting of a minimum of 40 instructional hours;

4. Passage of the State Written and Practical Examinations;

5. Documentation of a minimum of 3 cumulative years of experience as a Fire Service Instructor; and

6. Application for Certification.

c) Training documentation shall be maintained in the fire service personnel's training records at the employing fire department.

d) A qualified instructor for this level must be certified as Fire Service Instructor III.

e) Fire department or individual reimbursement may be available for training costs for Fire Service Instructor III as provided in Subpart E.

f) The course as set forth in Section 141.115 and the training facility as set forth in Section 141.100 must be approved by the Division.

g) Credit for an equivalent course will be approved by the Division when the equivalent course meets the requirements of Section 141.120.

History

• Source: Amended at 47 Ill. Reg. 424, effective January 1, 2023

41 Ill. Adm. Code 141.324 Training Program Manager

a) An Illinois Training Program Manager certification shall meet or exceed the qualifications identified in NFPA 1041.

b) Prerequisites

1. Engagement as Illinois fire protection personnel, as attested by the employing fire chief of the candidate seeking certification;

2. Current certification as Fire Service Instructor II;

3. Successful completion of a Training Program Manager course consisting of a minimum of 24 instructional hours;

4. Passage of the State Written Examinations;

5. Documentation of a minimum of 3 cumulative years of experience beginning from Fire Service Instructor II certification date; and

6. Application for Certification.

c) Training documentation shall be maintained in the fire service personnel's training records at the employing fire department.

d) A qualified instructor for this level must be certified as Fire Service Instructor II and Training Program Manager.

e) Fire department or individual reimbursement may be available for training costs for Training Program Manager as provided in Subpart E.

f) The course as set forth in Section 141.115 and the training facility as set forth in Section 141.100 must be approved by the Division.

g) Credit for an equivalent course will be approved by the Division when the equivalent course meets the requirements of Section 141.120.

History

• Source: Amended at 47 Ill. Reg. 424, effective January 1, 2023

41 Ill. Adm. Code 141.326 Basic Fire Prevention Officer

a) An Illinois Basic Fire Prevention Officer certification shall meet or exceed the qualifications identified in NFPA 1031.

b) Prerequisites

1. Engagement as Illinois fire protection personnel or employed by a local governmental agency, as attested by the fire chief of the candidate seeking certification;

2. Current Certification as Fire Inspector I;

3. Current Certification as Public Fire and Life Safety Educator I;

4. Documentation of a minimum of 2 cumulative years of fire prevention activities; and

5. Application for Certification.

c) Training documentation shall be maintained in the fire service personnel's training records at the employing fire department.

d) A qualified instructor for this level must be certified as Fire Service Instructor II and Basic Fire Prevention Officer.

History

• Source: Amended at 49 Ill. Reg. 15637, effective November 24, 2025

41 Ill. Adm. Code 141.327 Fire Inspector I

a) An Illinois Fire Inspector I certification shall meet or exceed the qualifications identified in NFPA 1031.

b) Prerequisites

1. Engagement as Illinois fire protection personnel or employed by a local governmental agency, as attested by the fire chief of the candidate seeking certification;

2. Successful completion of a Fire Inspector I course consisting of a minimum of 40 instructional hours;

3. Passage of the State Written and Practical Examinations;

4. Documentation of a minimum of one cumulative year of fire prevention and inspection activity; and

5. Application for Certification.

c) Training documentation shall be maintained in the fire service personnel's training records at the employing department.

d) A qualified instructor for this level must be certified as Fire Service Instructor II and Fire Inspector I.

e) Fire department or individual reimbursement may be available for training costs for Fire Inspector I as provided in Subpart E.

f) The course as set forth in Section 141.115 and the training facility as set forth in Section 141.100 must be approved by the Division.

g) Credit for an equivalent course will be approved by the Division when the equivalent course meets the requirements of Section 141.120.

History

• Source: Amended at 49 Ill. Reg. 15637, effective November 24, 2025

Chapter I Office of the State Fire Marshal

Part 141 Requirements for the Participation and Certification of Fire Protection Personnel

41 Ill. Adm. Code 141.328 Youth Firesetting Prevention and Intervention Specialist

a) An Illinois Youth Firesetting Prevention and Intervention Specialist certification shall meet or exceed the qualifications identified in NFPA 1030.

b) Prerequisites

1. Engagement as Illinois fire protection personnel or local governmental agency or the Office, as attested by the fire chief of the candidate seeking certification;

2. Successful completion of a Youth Firesetting Prevention and Intervention Specialist course consisting of a minimum of 12 instructional hours;

3. Passage of the State Written Examination; and

4. Application for Certification.

c) Training documentation shall be maintained in the fire service personnel's training records at the employing fire department.

d) A qualified instructor for this level must be certified as Fire Service Instructor II and Youth Firesetting Prevention and Intervention Specialist.

e) Fire department or individual reimbursement may be available for training costs for Youth Firesetting Prevention and Intervention Specialist as provided in Subpart E.

f) The course as set forth in Section 141.115 and the training facility as set forth in Section 141.100 must be approved by the Division.

g) Credit for an equivalent course will be approved by the Division when the equivalent course meets the requirements of Section 141.120.

History

• Source: Amended at 48 Ill. Reg. 10877, effective July 11, 2024

41 Ill. Adm. Code 141.329 Fire Inspector II

a) An Illinois Fire Inspector II certification shall meet or exceed the qualifications identified in NFPA 1031.

b) Prerequisites

1. Engagement as Illinois fire protection personnel or employed by a local governmental agency, as attested by the fire chief of the candidate seeking certification;

2. Current certification as Fire Inspector I;

3. Successful completion of a Fire Inspector II course consisting of a minimum of 40 instructional hours;

4. Passage of the State Written and Practical Examinations;

5. Documentation of a minimum of 3 cumulative years of fire prevention and inspection activity; and

6. Application for Certification.

c) Training documentation shall be maintained in the fire service personnel's training records at the employing department.

d) A qualified instructor for this level must be certified as Fire Service Instructor II and Fire Inspector II.

e) Fire department or individual reimbursement may be available for training costs for Fire Inspector II as provided in Subpart E.

f) The course as set forth in Section 141.115 and the training facility as set forth in Section 141.100 must be approved by the Division.

g) Credit for an equivalent course will be approved by the Division when the equivalent course meets the requirements of Section 141.120.

History

• Source: Amended at 49 Ill. Reg. 15637, effective November 24, 2025

41 Ill. Adm. Code 141.330 Public Fire and Life Safety Educator I

a) An Illinois Public Fire and Life Safety Educator I certification shall meet or exceed the qualifications identified in NFPA 1031.

b) Prerequisites

1. Engagement as Illinois fire protection personnel or employed by a local governmental agency, as attested by the fire chief of the candidate seeking certification;

2. Successful completion of a Public Fire and Life Safety Educator I course consisting of a minimum of 32 instructional hours;

3. Passage of the State Written and Practical Examinations;

4. Documentation of a minimum of one cumulative year of fire prevention experience; and

5. Application for Certification.

c) Training documentation shall be maintained in the fire service personnel's training records at the employing department.

d) A qualified instructor for this level must be certified as Fire Service Instructor II and Public Fire and Life Safety Educator I.

e) Fire department or individual reimbursement may be available for training costs for Public Fire and Life Safety Educator I as provided in Subpart E.

f) The course as set forth in Section 141.115 and the training facility as set forth in Section 141.100 must be approved by the Division.

g) Credit for an equivalent course will be approved by the Division when the equivalent course meets the requirements of Section 141.120.

History

• Source: Amended at 49 Ill. Reg. 15637, effective November 24, 2025

41 Ill. Adm. Code 141.331 Advanced Fire Prevention Officer

a) An Illinois Advanced Fire Prevention Officer certification shall meet or exceed the qualifications identified in NFPA 1031.

b) Prerequisites

1. Engagement as Illinois fire protection personnel or employed by a local governmental agency, as attested by the fire chief of the candidate seeking certification;

2. Current certification as Basic Fire Prevention Officer;

3. Current certification as Fire Inspector II;

4. Current certification as Public and Life Safety Educator I;

5. Successful completion of an approved Plans Examiner course;

6. Documentation of a minimum of 4 cumulative years of experience in fire prevention activities; and

7. Application for Certification.

c) Training documentation shall be maintained in the fire service personnel's training records at the employing department.

d) A qualified instructor for this level must be certified as Fire Service Instructor II and Advanced Fire Prevention Officer.

History

• Source: Amended at 49 Ill. Reg. 15637, effective November 24, 2025

Chapter I Office of the State Fire Marshal

Part 141 Requirements for the Participation and Certification of Fire Protection Personnel

41 Ill. Adm. Code 141.332 Public Fire and Life Safety Educator Iii (repealed)

History

• Source: Repealed at 41 Ill. Reg. 6594, effective August 1, 2017

41 Ill. Adm. Code 141.334 Fire Investigator

a) An Illinois Fire Investigator certification shall meet or exceed the qualifications identified in NFPA 1033.

b) Prerequisites

1. Engagement as Illinois fire protection personnel or employed by a local governmental agency or the Office, as attested by the chief of the candidate seeking certification;

2. Successful completion of a Fire Investigator course consisting of a minimum of 120 total instructional hours. The course may be offered in 3 modules. Each module shall consist of a minimum of 40 instructional hours per module;

3. Passage of the State Written and Practical Examinations; and

4. Application for Certification.

c) Training documentation shall be maintained in the fire service personnel's training records at the employing department.

d) A qualified instructor for this level must be certified as Fire Service Instructor II and Fire Investigator. There shall be at least one instructor for every 6 students during State Practical Examination evolutions.

e) Fire department or individual reimbursement may be available for training costs for Fire Investigator as provided in Subpart E.

f) The course as set forth in Section 141.115 and the training facility as set forth in Section 141.100 must be approved by the Division.

g) Credit for an equivalent course will be approved by the Division when the equivalent course meets the requirements of Section 141.120.

History

• Source: Amended at 48 Ill. Reg. 10877, effective July 11, 2024

41 Ill. Adm. Code 141.336 Arson Investigator (repealed)

History

• Source: Repealed at 48 Ill. Reg. 10877, effective July 11, 2024

41 Ill. Adm. Code 141.337 State Fire Marshal Arson Investigator Special Agent

a) Prerequisites

1. Employee of the Office's Division of Arson Investigation as a Special Agent, as attested by the Division Manager of the Office's Division of Arson Investigation;

2. Completion of probationary requirements as set forth by the Office, attested by the Division Manager of the Office's Division of Arson Investigation;

3. Current certification as Fire Investigator; and

4. Application for Certification.

b) Training documentation shall be maintained in the employee's training records at the Office.

History

• Source: Added at 48 Ill. Reg. 10877, effective July 11, 2024

41 Ill. Adm. Code 141.338 Fire Inspector Ii and Plan Examiner I (repealed)

History

• Source: Repealed at 41 Ill. Reg. 6594, effective August 1, 2017

41 Ill. Adm. Code 141.340 Fire Inspector Iii and Plan Examiner Ii (repealed)

History

• Source: Repealed at 41 Ill. Reg. 6594, effective August 1, 2017

41 Ill. Adm. Code 141.342 Hazardous Materials Awareness (repealed)

History

• Source: Repealed at 41 Ill. Reg. 6594, effective August 1, 2017

41 Ill. Adm. Code 141.344 Hazardous Materials Operations

a) An Illinois Hazardous Materials Operations certification shall meet or exceed the qualifications identified in NFPA 470.

b) Prerequisites

1. Engagement as Illinois fire protection personnel, as attested by the employing fire chief of the candidate seeking certification;

2. Current certification as Basic Operations Firefighter;

3. Successful completion of a Hazardous Materials Operations course including the Hazardous Materials Awareness level JPRs consisting of a minimum of 40 instructional hours;

4. Passage of the State Written and Practical Examinations; and

5. Application for Certification.

c) Training documentation shall be maintained in the fire service personnel's training records at the employing fire department.

d) A qualified instructor for this level must be certified as Fire Service Instructor I and Hazardous Materials Operations. There shall be at least one instructor for every 6 students during State Practical Examination evolutions.

e) Fire department or individual reimbursement may be available for training costs for Hazardous Materials Operations as provided in Subpart E.

f) The course as set forth in Section 141.115 and the training facility as set forth in Section 141.100 must be approved by the Division.

g) Credit for an equivalent course will be approved by the Division when the equivalent course meets the requirements of Section 141.120.

History

• Source: Amended at 48 Ill. Reg. 10877, effective July 11, 2024

41 Ill. Adm. Code 141.346 Hazardous Materials Technician

a) An Illinois Hazardous Materials Technician certification shall meet or exceed the qualifications identified in NFPA 470.

b) Prerequisites

1. Engagement as Illinois fire protection personnel, as attested by the employing fire chief of the candidate seeking certification;

2. Current certification as Hazardous Materials Operations;

3. Successful completion of a Hazardous Materials Technician course consisting of a minimum of 80 instructional hours;

4. Passage of the State Written and Practical Examinations; and

5. Application for Certification.

c) Training documentation shall be maintained in the fire service personnel's training records at the employing fire department.

d) A qualified instructor for this level must be certified as Fire Service Instructor II and Hazardous Materials Technician. There shall be at least one instructor for every 6 students during State Practical Examination evolutions.

e) Fire department or individual reimbursement may be available for training costs for Hazardous Materials Technician as provided in Subpart E.

f) The course as set forth in Section 141.115 and the training facility as set forth in Section 14.100 must be approved by the Division.

g) Credit for an equivalent course will be approved by the Division when the equivalent course meets the requirements of Section 141.120.

History

• Source: Amended at 48 Ill. Reg. 10877, effective July 11, 2024

41 Ill. Adm. Code 141.348 Hazardous Materials Incident Command (repealed)

History

• Source: Repealed at 47 Ill. Reg. 424, effective January 1, 2023

41 Ill. Adm. Code 141.350 Technical Rescue Awareness (repealed)

History

• Source: Repealed at 41 Ill. Reg. 6594, effective August 1, 2017

41 Ill. Adm. Code 141.352 Confined Space Operations

a) An Illinois Confined Space Operations certification shall meet or exceed the level identified in NFPA 1006.

b) Prerequisites

1. Engagement as Illinois fire protection personnel, as attested by the employing fire chief of the candidate seeking certification;

2. Current certification as Rope Operations;

3. Successful completion of a Confined Space Operations course consisting of a minimum of 40 instructional hours;

4. Passage of the State Written and Practical Examinations; and

5. Application for Certification.

c) Training documentation shall be maintained in the fire service personnel's training records at the employing fire department.

d) A qualified instructor for this level must be certified as Fire Service Instructor II and Confined Space Operations. There shall be at least one instructor for every 6 students during State Practical Examination evolutions.

e) Fire department or individual reimbursement may be available for training costs for Confined Space Operations as provided in Subpart E.

f) The course as set forth in Section 141.115 and the training facility as set forth in Section 141.100 must be approved by the Division.

g) Credit for an equivalent course will be approved by the Division when the equivalent course meets the requirements of Section 141.120.

History

• Source: Amended at 47 Ill. Reg. 424, effective January 1, 2023

41 Ill. Adm. Code 141.353 Confined Space Technician

a) An Illinois Confined Space Technician certification shall meet or exceed the qualifications identified in NFPA 1006.

b) Prerequisites

1. Engagement as Illinois fire protection personnel, as attested by the employing fire chief of the candidate seeking certification;

2. Current certification as Confined Space Operations;

3. Successful completion of a Confined Space Technician course consisting of a minimum of 24 instructional hours;

4. Passage of the State Written and Practical Examinations; and

5. Application for Certification.

c) Training documentation shall be maintained in the fire service personnel's training records at the employing fire department.

d) A qualified instructor for this level must be certified as Fire Service Instructor II and Confined Space Technician. There shall be at least one instructor for every 6 students during State Practical Examination evolutions.

e) Fire department or individual reimbursement may be available for training costs for Confined Space Technician as provided in Subpart E.

f) The course as set forth in Section 141.115 and the training facility as set forth in Section 141.100 must be approved by the Division.

g) Credit for an equivalent course will be approved by the Division when the equivalent course meets the requirements of Section 141.120.

History

• Source: Added at 47 Ill. Reg. 424, effective January 1, 2023

41 Ill. Adm. Code 141.354 Trench Operations

a) An Illinois Trench Operations certification shall meet or exceed the level identified in NFPA 1006.

b) Prerequisites

1. Engagement as Illinois fire protection personnel, as attested by the employing fire chief of the candidate seeking certification;

2. Current certification as Rope Operations;

3. Successful completion of a Trench Operations course consisting of a minimum of 32 instructional hours;

4. Passage of the State Written and Practical Examinations. State Practical Examinations shall include participation as a rescue team member in at least one live trench scenario; and

5. Application for Certification.

c) Training documentation shall be maintained in the fire service personnel's training records at the employing fire department.

d) A qualified instructor for this level must be certified as Fire Service Instructor II and Trench Operations. There shall be at least one instructor for every 6 students during State Practical Examination evolutions.

e) Fire department or individual reimbursement may be available for training costs for Trench Operations as provided in Subpart E.

f) The course as set forth in Section 141.115 and the training facility as set forth in Section 141.100 must be approved by the Division.

g) Credit for an equivalent course will be approved by the Division when the equivalent course meets the requirements of Section 141.120.

History

• Source: Amended at 47 Ill. Reg. 424, effective January 1, 2023

41 Ill. Adm. Code 141.356 Trench Technician

a) An Illinois Trench Technician certification shall meet or exceed the qualifications identified in NFPA 1006.

b) Prerequisites

1. Engagement as Illinois fire protection personnel, as attested by the employing fire chief of the candidate seeking certification;

2. Current Certification as Trench Operations;

3. Successful completion of a Trench Technician course consisting of a minimum of 32 instructional hours;

4. Passage of the State Written and Practical Examinations. State Practical Examinations shall include participation as a rescue team member in at least one live trench scenario; and

5. Application for Certification.

c) Training documentation shall be maintained in the fire service personnel's training records at the employing fire department.

d) A qualified instructor for this level must be certified as Fire Service Instructor II and Trench Technician. There shall be at least one instructor for every 6 students during State Practical Examination evolutions.

e) Fire department or individual reimbursement may be available for training costs for Trench Technician as provided in Subpart E.

f) The course as set forth in Section 141.115 and the training facility as set forth in Section 141.100 must be approved by the Division.

g) Credit for an equivalent course will be approved by the Division when the equivalent course meets the requirements of Section 141.120.

History

• Source: Amended at 47 Ill. Reg. 424, effective January 1, 2023

41 Ill. Adm. Code 141.358 Rescue Specialist – Vertical Ii (repealed)

History

• Source: Repealed at 41 Ill. Reg. 6594, effective August 1, 2017

41 Ill. Adm. Code 141.360 Structural Collapse Operations

a) An Illinois Structural Collapse Operations certification shall meet or exceed the qualifications identified in NFPA 1006.

b) Prerequisites

1. Engagement as Illinois fire protection personnel, as attested by the employing fire chief of the candidate seeking certification;

2. Current certification as Rope Operations;

3. Successful completion of a Structural Collapse Operations course consisting of a minimum of 40 instructional hours;

4. Passage of the State Written and Practical Examinations; and

5. Application for Certification.

c) Training documentation shall be maintained in the fire service personnel's training records at the employing fire department.

d) A qualified instructor for this level must be certified as Fire Service Instructor II and Structural Collapse Operations. There shall be at least one instructor for every 6 students during State Practical Examination evolutions.

e) Fire department or individual reimbursement may be available for training costs for Structural Collapse Operations as provided in Subpart E.

f) The course as set forth in Section 141.115 and the training facility as set forth in Section 141.100 must be approved by the Division.

g) Credit for an equivalent course will be approved by the Division when the equivalent course meets the requirements of Section 141.120.

History

• Source: Amended at 47 Ill. Reg. 424, effective January 1, 2023

41 Ill. Adm. Code 141.362 Structural Collapse Technician

a) An Illinois Structural Collapse Technician certification shall meet or exceed the qualifications identified in NFPA 1006.

b) Prerequisites

1. Engagement as Illinois fire protection personnel, as attested by the employing fire chief of the candidate seeking certification;

2. Current certification as Structural Collapse Operations;

3. Current certification as Confined Space Operations;

4. Successful completion of a Structural Collapse Technician course consisting of a minimum of 40 instructional hours;

5. Passage of the State Written and Practical Examinations; and

6. Application for Certification.

c) Training documentation shall be maintained in the fire service personnel's training records at the employing fire department.

d) A qualified instructor for this level must be certified as Fire Service Instructor II and Structural Collapse Technician. There shall be at least one instructor for every 6 students during State Practical Examination evolutions.

e) Fire department or individual reimbursement may be available for training costs for Structural Collapse Technician as provided in Subpart E.

f) The course as set forth in Section 141.115 and the training facility as set forth in Section 141.100 must be approved by the Division.

g) Credit for an equivalent course will be approved by the Division when the equivalent course meets the requirements of Section 141.120.

History

• Source: Amended at 48 Ill. Reg. 10877, effective July 11, 2024

41 Ill. Adm. Code 141.364 Common Passenger Vehicle Rescue

a) An Illinois Common Passenger Vehicle Rescue certification shall meet or exceed the qualifications identified in NFPA 1006.

b) Prerequisites

1. Engagement as Illinois fire protection personnel, as attested by the employing fire chief of the candidate seeking certification;

2. Current certification as Basic Operations Firefighter;

3. Successful completion of a Common Passenger Vehicle Rescue course consisting of a minimum of 40 instructional hours;

4. Passage of the State Written and Practical Examinations; and

5. Application for Certification.

c) Training documentation shall be maintained in the fire service personnel's training records at the employing fire department.

d) A qualified instructor for this level must be certified as Fire Service Instructor II and Common Passenger Vehicle Rescue. There shall be at least one instructor for every 6 students during State Practical Examination evolutions.

e) Fire department or individual reimbursement may be available for training costs for Common Passenger Vehicle Rescue as provided in Subpart E.

f) The course as set forth in Section 141.115 and the training facility as set forth in Section 141.100 must be approved by the Division.

g) Credit for an equivalent course will be approved by the Division when the equivalent course meets the requirements of Section 141.120.

History

• Source: Amended at 48 Ill. Reg. 10877, effective July 11, 2024

41 Ill. Adm. Code 141.366 Heavy Vehicle Rescue

a) An Illinois Heavy Vehicle Rescue certification shall meet or exceed the qualifications identified in NFPA 1006.

b) Prerequisites

1. Engagement as Illinois fire protection personnel, as attested by the employing fire chief of the candidate seeking certification;

2. Current certification as Common Passenger Vehicle Rescue;

3. Successful completion of a Heavy Vehicle Rescue course consisting of a minimum of 40 instructional hours;

4. Passage of the State Written and Practical Examinations; and

5. Application for Certification.

c) Training documentation shall be maintained in the fire service personnel's training records at the employing fire department.

d) A qualified instructor for this level must be certified as Fire Service Instructor II and Heavy Vehicle Rescue. There shall be at least one instructor for every 6 students during State Practical Examination evolutions.

e) Fire department or individual reimbursement may be available for training costs for Heavy Vehicle Rescue as provided in Subpart E.

f) The course as set forth in Section 141.115 and the training facility as set forth in Section 141.100 must be approved by the Division.

g) Credit for an equivalent course will be approved by the Division when the equivalent course meets the requirements of Section 141.120.

History

• Source: Amended at 48 Ill. Reg. 10877, effective July 11, 2024

41 Ill. Adm. Code 141.367 Rope Operations

a) An Illinois Rope Operations certification shall meet or exceed the qualifications identified in NFPA 1006.

b) Prerequisites

1. Engagement as Illinois fire protection personnel, as attested by the employing fire chief of the candidate seeking certification;

2. Current certification as Basic Operations Firefighter;

3. Successful completion of Rope Operations course consisting of a minimum of 40 instructional hours;

4. Passage of the State Written and Practical Examinations; and

5. Application for Certification.

c) Training documentation shall be maintained in the fire service personnel's training records at the employing fire department.

d) A qualified instructor for this level must be certified as Fire Service Instructor II and Rope Operations. There shall be at least one instructor for every 6 students during State Practical Examination evolutions.

e) Fire department or individual reimbursement may be available for training costs for Rope Operations as provided in Subpart E.

f) The course as set forth in Section 141.115 and the training facility as set forth in Section 141.100 must be approved by the Division.

g) Credit for an equivalent course will be approved by the Division when the equivalent course meets the requirements of Section 141.120.

History

• Source: Amended at 47 Ill. Reg. 424, effective January 1, 2023

41 Ill. Adm. Code 141.368 Motorsports Safety Technician (repealed)

History

• Source: Repealed at 41 Ill. Reg. 6594, effective August 1, 2017

41 Ill. Adm. Code 141.369 High Angle Rope Operations (repealed)

History

• Source: Repealed at 41 Ill. Reg. 6594, effective August 1, 2017

41 Ill. Adm. Code 141.370 Fire Service Vehicle Operator

a) An Illinois Fire Service Vehicle Operator certification shall meet or exceed the qualifications identified in NFPA 1010.

b) Prerequisites

1. Engagement as Illinois fire protection personnel, as attested by the employing fire chief of the candidate seeking certification;

2. Current certification as Basic Operations Firefighter;

3. Successful completion of a Fire Service Vehicle Operator course consisting of a minimum of 8 instructional hours;

4. Passage of the State Written and Practical Examinations;

5. Completion of the required NFPA 1010 competency course;

6. Completion of an additional 8 hours of documented driving of the vehicles with differing wheelbases in use by the employing authority having jurisdiction; and

7. Application for Certification.

c) Training documentation shall be maintained in the fire service personnel's training records at the employing fire department.

d) A qualified instructor for this level must be certified as Fire Service Instructor I and Fire Service Vehicle Operator. There shall be at least one instructor for every 6 students during State Practical Examination evolutions.

e) Fire department or individual reimbursement may be available for training costs for Fire Service Vehicle Operator as provided in Subpart E.

f) The course as set forth in Section 141.115 and the training facility as set forth in Section 141.100 must be approved by the Division.

g) Credit for an equivalent course will be approved by the Division when the equivalent course meets the requirements of Section 141.120.

History

• Source: Amended at 48 Ill. Reg. 10877, effective July 11, 2024

41 Ill. Adm. Code 141.371 Rope Technician

a) An Illinois Rope Technician certification shall meet or exceed the qualifications identified in NFPA 1006.

b) Prerequisites

1. Engagement as Illinois fire protection personnel, as attested by the employing fire chief of the candidate seeking certification;

2. Current certification as Rope Operations;

3. Successful completion of a Rope Technician course consisting of a minimum of 40 instructional hours;

4. Passage of the State Written and Practical Examinations; and

5. Application for Certification.

c) Training documentation shall be maintained in the fire service personnel's training records at the employing fire department.

d) A qualified instructor for this level must be certified as Fire Service Instructor II and Rope Technician. There shall be at least one instructor for every 6 students during State Practical Examination evolutions.

e) Fire department or individual reimbursement may be available for training costs for Rope Technician as provided in Subpart E.

f) The course as set forth in Section 141.115 and the training facility as set forth in Section 141.100 must be approved by the Division.

g) Credit for an equivalent course will be approved by the Division when the equivalent course meets the requirements of Section 141.120.

History

• Source: Amended at 47 Ill. Reg. 424, effective January 1, 2023

41 Ill. Adm. Code 141.372 Surface Water Operations

a) An Illinois Surface Water Operations certification shall meet or exceed the level identified in NFPA 1006.

b) Prerequisites

1. Engagement as Illinois fire protection personnel, as attested by the employing fire chief of the candidate seeking certification;

2. Current certification as Rope Operations;

3. Successful completion of a Surface Water Operations course consisting of a minimum of 40 instructional hours;

4. Passage of the State Written and Practical Examinations; and

5. Application for Certification.

c) Training documentation shall be maintained in the fire service personnel's training records at the employing fire department.

d) A qualified instructor for this level must be certified as Fire Service Instructor II and Surface Water Operations. There shall be at least one instructor for every 6 students during State Practical Examination evolutions.

e) Fire department or individual reimbursement may be available for training costs for Surface Water Operations as provided in Subpart E.

f) The course as set forth in Section 141.115 and the training facility as set forth in Section 141.100 must be approved by the Division.

g) Credit for an equivalent course will be approved by the Division when the equivalent course meets the requirements of Section 141.120.

History

• Source: Amended at 47 Ill. Reg. 424, effective January 1, 2023

41 Ill. Adm. Code 141.373 Ice Technician (repealed)

History

• Source: Repealed at 41 Ill. Reg. 6594, effective August 1, 2017

41 Ill. Adm. Code 141.374 Swiftwater Technician (repealed)

History

• Source: Repealed at 41 Ill. Reg. 6594, effective August 1, 2017

41 Ill. Adm. Code 141.375 Watercraft Technician

a) An Illinois Watercraft Technician certification shall meet or exceed the qualifications identified in NFPA 1006.

b) Prerequisites

1. Engagement as Illinois fire protection personnel, as attested by the employing fire chief of the candidate seeking certification;

2. Current certification as Surface Water Operations;

3. Certification from an approved Illinois Department of Natural Resources or US Coast Guard on-line Boat Safety Course;

4. Successful completion of a Watercraft Technician Course consisting of a minimum of 16 instructional hours;

5. Passage of the State Written and Practical Examinations; and

6. Application for Certification.

c) Training documentation shall be maintained in the fire service personnel's training records at the employing fire department.

d) A qualified instructor for this level must be certified as Fire Service Instructor II and Watercraft Technician. There shall be at least one instructor for every 6 students during State Practical Examination evolutions.

e) Fire department or individual reimbursement may be available for training costs for Watercraft Technician as provided in Subpart E.

f) The course as set forth in Section 141.115 and the training facility as set forth in Section 141.100 must be approved by the Division.

g) Credit for an equivalent course will be approved by the Division when the equivalent course meets the requirements of Section 141.120.

History

• Source: Amended at 47 Ill. Reg. 424, effective January 1, 2023

41 Ill. Adm. Code 141.376 Dive Technician (repealed)

History

• Source: Repealed at 41 Ill. Reg. 6594, effective August 1, 2017

41 Ill. Adm. Code 141.377 Ice Dive Technician (repealed)

History

• Source: Repealed at 41 Ill. Reg. 6594, effective August 1, 2017

41 Ill. Adm. Code 141.380 Invalidation of Certification (repealed)

History

• Source: Repealed at 47 Ill. Reg. 424, effective January 1, 2023

41 Ill. Adm. Code 141.385 Rescue Operations (repealed)

History

• Source: Repealed at 48 Ill. Reg. 10877, effective July 11, 2024

41 Ill. Adm. Code 141.386 Rescue Technician (repealed)

History

• Source: Repealed at 48 Ill. Reg. 10877, effective July 11, 2024

41 Ill. Adm. Code 141.390 Recertifications

a) The goal of the recertification process shall be to ensure continued demonstration of knowledge and skill proficiency in given areas of certification for Illinois fire service personnel.

b) All referenced recertifications in this Section shall be specific to certifications attained from the Office.

c) Any certification that requires a recertification shall remain valid if the recertification requirements are not completed, but shall not be considered current. Certifications that are not considered current shall be ineligible to be used as a prerequisite to obtain a higher level of certification.

d) Certifications that require recertification are:

1. Fire Investigator

2. Fire Apparatus Engineer

3. Company Fire Officer

4. Fire Department Incident Safety Officer

5. Fire Department Health and Safety Officer

6. Advanced Fire Officer

7. Chief Fire Officer

8. Fire Department Safety Officer

9. Fire Service Instructor I

10. Fire Service Instructor II

11. Fire Service Instructor III

12. Training Program Manager

13. Fire Inspector I

14. Fire Inspector II

15. Public Fire and Life Safety Educator I

16. Hazardous Materials Operations

17. Hazardous Materials Technician

18. Confined Space Operations

19. Confined Space Technician

20. Trench Operations

21. Trench Technician

22. Structural Collapse Operations

23. Structural Collapse Technician

24. Common Passenger Vehicle Rescue

25. Heavy Vehicle Rescue

26. Rope Operations

27. Fire Service Vehicle Operator

28. Rope Technician

e) Level-specific certifications issued on or before January 1, 2022 will no longer be considered current on December 31, 2025, except for Fire Investigator, which is referenced further within this Section.

f) Certifications issued on or after January 1, 2022 will no longer be considered current 4 years after their issuance date.

g) Recertification process for all levels except Fire Investigator:

1. Certifications shall remain current for 4 years after their issuance date, recertification date, or the date on which the certification is made current. For example:

A) A certification obtained for the first time on January 1, 2026 will remain current until January 1, 2030.

B) If the certification is recertified prior to the end of the 90-day grace period, it will remain current until January 1, 2034.

C) If the certification is not recertified prior to the end of the 90-day grace period, it is no longer current. If the recertification requirements are subsequently completed, for example, on July 15, 2030, the certification is made current on that date and will remain current until July 15, 2034.

2. Applicants for recertification must hold a current level-specific certification issued by the Office.

3. Applicants for recertification must complete recertification training that follows the level-specific job performance requirements ("JPRs") in the relevant NFPA Standard within the previous 4-year certification period:

A) Documentation of successful recertification training may be demonstrated by completing the level-specific Recertification Task Book (Task Book).

B) If an applicant or fire department opts not to utilize the Task Book, documentation of successful recertification training shall be maintained in the fire service personnel's training record. Training records utilized for recertification documentation, at a minimum, shall include the components listed on the Task Book Proficiency Log Sheets.

4. Application for recertification:

A) If utilizing the Task Book, the Proficiency Log Sheets shall be uploaded using the DPSE WebAccess Portal.

B) If not utilizing the Task Book, a completion report meeting the same criteria of the Proficiency Log Sheets shall be uploaded using the DPSE WebAccess Portal.

C) In lieu of uploading either the Proficiency Log Sheets or completion report, recertification completion data shall be manually entered in the DPSE WebAccess Portal.

D) The application for recertification cannot be submitted more than 12 months prior to the date upon which certification is no longer considered current.

E) Training used in one certification cycle cannot be used towards recertification in another certification cycle.

5. The Division shall send notification to the employing fire department at one year and at 90-days prior to the date that fire service personnel's certification will no longer be considered current.

6. The Office shall grant each candidate a 90-day grace period to complete the recertification requirements to maintain certification in the established recertification cycle. If recertification is not completed by the end of the 90-day grace period, the candidate's certification will be considered not current. The candidate may return the status of the certification to current by completing an approved level-specific course. When the certification status is returned to current, a new recertification cycle will begin.

7. When submitting for recertification, the fire chief must attest that all the requirements of this Section are met and affirms that:

A) The candidate seeking recertification is engaged as Illinois fire protection personnel.

B) Training documentation for recertification shall be maintained in the fire service personnel's fire department training records and is available for review by the Division upon request.

C) The submission of the application and Proficiency Log Sheets or completion report is true and accurate to the best of their knowledge.

8. Fire service personnel who possess the highest level of certification within specific disciplines and who desire that certification to remain current, shall only be required to recertify at the highest level. Once recertified at the highest level, all lower level recertifications shall automatically be processed and approved.

h) Recertification Process for Fire Investigator.

1. Certifications shall remain current for 4 years after their issuance date, recertification date, or the date on which the certification is made current. For example:

A) A certification obtained for the first time on January 1, 2026 will remain current until January 1, 2030.

B) If the certification is recertified prior to the end of the 90-day grace period, it will remain current until January 1, 2034.

C) If the certification is not recertified prior to the end of the 90-day grace period, it is no longer current. If the recertification requirements are subsequently completed, for example, on July 15, 2030, the certification is made current on that date and will remain current until July 15, 2034.

2. Applicants for recertification must hold a current Office level-specific certification.

3. Applicants for recertification shall complete recertification training that follows the established course objectives identified in NFPA 1033, totaling 100 points over the 4-year period, based on the point system on the tally sheet used by the Division. Point dissemination shall be determined by the Division.

4. Application for recertification:

A) If utilizing the Division-supplied Recertification Tally Sheet, the Tally Sheet shall be uploaded using the DPSE WebAccess Portal.

B) If not utilizing the Division-supplied Recertification Tally Sheet, a completion report meeting the same criteria of the Tally Sheet shall be uploaded using the DPSE WebAccess Portal.

C) In lieu of uploading either the Tally Sheet or completion report, recertification completion data shall be manually entered using the DPSE WebAccess Portal.

D) The application for recertification cannot be submitted more than 12 months prior to the date upon which certification is no longer considered current.

5. The Division shall send notification to the employing fire department at one year and at 90-days prior to the date that fire service personnel's certification shall no longer be considered current.

6. The Office shall grant each candidate a 90-day grace period to complete the recertification requirements to maintain certification in the established recertification cycle. If recertification is not completed by the end of the 90-day grace period, the candidate's certification will be considered not current. The candidate may return the status of the certification to current by completing an approved Fire Investigator course. When the certification status is returned to current, a new recertification cycle will begin.

7. When submitting an application for recertification, the chief attests that all the requirements of this Section are met and affirms that:

A) The candidate seeking recertification is employed by a local governmental agency or the Office.

B) Training documentation for recertification shall be maintained in the fire service personnel's department training records and available for review by the Division upon request.

C) The submission of the application and Tally Sheet or completion report is true and accurate to the best of their knowledge.

i) When all recertification requirements are met, a new certificate will be available on the DPSE WebAccess Portal.

j) The Office may extend deadlines for requirements of this Section for good cause shown (e.g., military deployments, medical leaves, personal emergencies, Acts of God or natural disasters, Gubernatorial Disaster Proclamations, etc.).

History

• Source: Amended at 49 Ill. Reg. 15637, effective November 24, 2025

Chapter I Office of the State Fire Marshal

Part 141 Requirements for the Participation and Certification of Fire Protection Personnel

41 Ill. Adm. Code 141.395 Historical Certification Titles

a) The Division reserves the right to acknowledge historical certification titles as equivalent to current certification titles, to be utilized for instructor qualifications and as prerequisites for fire service personnel to transition to a current certification title.

1. Firefighter II certification shall be allowed as a prerequisite for certification and instructor qualifications that requires Basic Operations Firefighter certification. Fire Service personnel who possess a Firefighter II certification can transition and obtain a Basic Operations Firefighter certification by completing the additional requirements for certification. The Firefighter II certification shall be equivalent for the course completion and State Written and Practical Examinations towards Basic Operations Firefighter Certification.

2. Firefighter III certification shall be allowed as a prerequisite for certification and instructor qualifications that requires Advanced Technician Firefighter certification. Fire Service personnel who possess a Firefighter III certification can transition and obtain an Advanced Technician Firefighter certification by completing the additional requirements for certification. The Firefighter III certification shall be equivalent for the course completion and State Written and Practical Examinations towards Advanced Technician Firefighter Certification.

3. Fire Officer I certification shall be allowed as a prerequisite for certification and instructor qualifications that requires Company Fire Officer certification.

4. Fire Officer II certification shall be allowed as a prerequisite for certification and instructor qualifications that requires Advanced Fire Officer certification.

5. Fire Prevention Officer certification shall be equivalent to Basic Fire Prevention Officer and shall be allowed as a prerequisite for certification and instructor qualifications for Fire Inspector I.

6. Fire Inspector II and Plans Examiner I shall be equivalent to Advanced Fire Prevention Officer.

7. Juvenile Firesetter Intervention Specialist shall be equivalent to Youth Firesetter Intervention Specialist. Youth Firesetting Prevention and Intervention Specialist shall be equivalent to Juvenile Firesetter Intervention Specialist and Youth Firesetter Intervention Specialist.

8. Hazardous Materials First Responder-Operations shall be equivalent to Hazardous Materials Operations.

9. The combined certifications of Hazardous Materials Technician A and Hazardous Materials Technician B shall be equivalent to Hazardous Materials Technician.

10. Rescue Specialist-Confined Space shall be equivalent to Confined Space Operations.

11. Rescue Specialist-Vertical I shall be equivalent to Rope Operations.

12. Rescue Specialist-Trench shall be equivalent to Trench Operations.

13. Water Operations shall be equivalent to Surface Water Operations.

14. Vehicle and Machinery Operations shall be equivalent to Common Passenger Vehicle Rescue.

15. Vehicle and Machinery Technician shall be equivalent to Heavy Vehicle Rescue.

History

• Source: Amended at 48 Ill. Reg. 10877, effective July 11, 2024

41 Ill. Adm. Code 141.400 Reimbursement

a) Prerequisites

1. All local governmental agencies and individuals may elect to participate in the training programs. All local governmental agencies and fire service personnel may elect to participate in the Division's certification programs. Local governmental agencies and fire service personnel may elect to participate for certification only or for certification and reimbursement for training expenses as described in the Illinois Fire Protection Training Act [50 ILCS 740]. (Section 9 of the Act)

2. Local governmental agencies and fire service personnel may participate in all aspects of the Division's certification programs without passage of a local governmental ordinance. Proof of passage of a local governmental ordinance shall be required, however, to qualify local governmental agencies and fire service personnel to receive reimbursement.

3. To be eligible to receive reimbursement for training under the Act, the local governmental agency shall comply with the following requirements:

A) The local governmental agency shall require by ordinance completion of a basic level course approved by the Office, and the passage of the State test for certification at the basic level within the probationary period as established by the local governmental agency. A local governmental agency will not receive reimbursement for training if the ordinance does not state the length of the probationary period or if the length of the probationary period does not comply with Section 10-1-7.1(c) of the Illinois Municipal Code [65 ILCS 5/10-1-7.1(c)] or Section 16.06(b) of the Fire Protection District Act [70 ILCS 705/1606(b)], as applicable. A certified copy of the Ordinance must be on file with the Office. (Section 9 of the Act). A local governmental agency will not receive reimbursement for training that occurs prior to the completion of this requirement.

i) Volunteer or paid-on-call fire service personnel may receive reimbursement for basic level training completed beyond their probationary period, if the basic level training is completed within 3 years from the date of initial engagement as fire service personnel.

ii) Local governmental agencies that request reimbursement and file a certified copy of the required ordinance with the Division shall be eligible for reimbursement starting on the date a copy of the ordinance is received by the Division. Reimbursement may only be made for courses that commence on or after the date the Division receives a certified copy of the ordinance.

iii) Failure to complete the basic training and certification within the required period will render that individual and local governmental agency ineligible for reimbursement funding for basic training for that individual in the calendar year in which his probationary period ends. The individual may later become certified without reimbursement. (Section 9 of the Act)

B) The local governmental agency shall agree to abide by the requirements of this Part governing the training of fire service personnel.

C) The fire department must submit incident reports to the U.S. Fire Administration reporting system for all months of the calendar year in which reimbursement is claimed. The fire department must be compliant in their incident reporting no later than April 15th of the calendar year in which claims for reimbursement are submitted. No reimbursement shall be provided if the fire department is not compliant in their incident reporting.

D) Course completions must be submitted on the DPSE WebAccess Portal by the training facility by deadline for the submission for claims for reimbursement under this Section.

E) The Division shall reimburse only one time for a course completion of a level-specific course. The Division will reimburse for the same level-specific course repeated by fire service personnel if the course completion by that fire service personnel was not previously reimbursed.

F) The fire service personnel for which reimbursement is claimed must have prerequisite certifications which are required under level specific certification prerequisites referenced in Subpart D prior to the beginning date of the course to be eligible for submission of claims for reimbursement.

4. Failure to satisfy the requirements of subsection (a)(3) will result in denial of the claims for reimbursement.

b) Claims

1. Annually, the Office shall electronically send eligible local governmental agencies the current Funding Document specifying details to submit for reimbursement. The Funding Document shall include the courses eligible for reimbursement. A claim for reimbursement is permitted only once per course per fire service personnel.

2. The Office shall reimburse up to 50% of the following costs incurred by eligible local governmental agencies or fire service personnel:

A) Salary. Salary is the sum actually paid by the local governmental agency for fire service personnel while attending courses. Salary does not include a local governmental agency's contributions to insurance and pension programs but does include contributions deducted from the fire service personnel's salary for insurance and retirement.

i) The formula for computing fire service personnel's hourly salary is: yearly salary at the time of the training divided by the number of hours for which the fire service personnel is paid. It is acknowledged that hourly shifts may vary from 40 to 56 or more hours per week. In such instances, the formula should be adjusted to most accurately reflect the above definition.

ii) Variation in fire service personnel salary or between fire service personnel of equal grade must be explained.

B) Tuition and registration fees. An invoice or a paid receipt from a training facility shall be submitted through the DPSE WebAccess Portal.

C) Meals. Cost reimbursement for meals shall not exceed $100 per day and is only allowed for those fire service personnel who utilized lodging.

D) Transportation costs. Cost reimbursement for transportation shall not exceed the calculated amount in accordance with requirements of this Section. Computations for such costs shall be submitted through the DPSE WebAccess Portal.

i) Cost reimbursement claims for transportation shall be calculated using the auto mileage rate established under 5 U.S.C. 5707(b)(2)(A)(i) in effect on April 1st of the year in which training occurred.

ii) A round trip shall be calculated as twice the distance from the address of the employing department to the training location.

iii) If the course is offered on consecutive days (e.g., Monday through Thursday, or Saturday and Sunday) and overnight lodging is used, the Office shall reimburse for only one round trip per consecutive day period (e.g., 6 round trips for a course offered on 6 weekends or one round trip for a 5-day course).

iv) If a course is offered on consecutive days (e.g., Monday through Thursday, or Saturday and Sunday), and overnight lodging is not used, the Office shall reimburse for round trip costs for each day.

v) If the course is offered on non-consecutive days (e.g., Monday and Wednesday evenings), the Office shall reimburse round trip transportation costs for each day.

vi) Reimbursement for mileage shall only be provided for one person when 2 or more persons travel together. No duplicative claims for reimbursement of mileage shall be made for persons traveling together.

E) Lodging. Lodging cost reimbursement shall be exclusively for the cost of the room and shall be set at the rate established under 5 U.S.C. 5702(a)(1)(B) in effect on April 1st of the year in which training occurred. A paid receipt shall be submitted through the DPSE WebAccess Portal.

3. Fire service personnel who elect to participate for reimbursement may submit claims for reimbursement directly to the Division for expenses incurred for the calendar year in which reimbursement is claimed. Reimbursement for fire service personnel shall be limited to tuition and registration fees, mileage, lodging and meals. Such reimbursement shall be limited to out-of-pocket expenses not paid or reimbursed, in whole or in part, by the local governmental agency. Reimbursable expenses shall be subject to the reimbursement amounts and rates allowed in this Section.

4. In the event that the appropriation for reimbursement for training is insufficient to meet all claims for reimbursement at the 50% level, all claims for reimbursement shall be reduced proportionately and paid in the same proportion.

5. No more than 50% of the reimbursements distributed to local governmental agencies in any fiscal year shall be distributed to local governmental agencies of more than 500,000 persons. (Section 10 of the Act)

6. Local governmental agencies shall submit claims for reimbursement using the DPSE WebAccess Portal. Paper claims submitted for reimbursement will not be processed and will be considered denied. The claims for reimbursement must be attested by the fire chief through the DPSE WebAccess Portal. All claims for reimbursement, applicable documentation, and fire chief's attestation must be submitted before the deadline specified in subsection (b)(7).

7. For a calendar year (January 1-December 31), the deadline for the submission of claims for reimbursement shall be the final day of February of the following year.

A) In the event that final day of February falls on a Saturday or Sunday, the deadline for the submission of the claims shall be the next business day.

B) Any claims for reimbursement, applicable documentation, or fire chief's attestation submitted after the deadline are considered invalid and will be denied.

8. Reimbursement that was awarded based upon erroneous documentation in fire service personnel training records or erroneous documentation submitted to the Division shall be repaid to the Office in the amount of reimbursement received for which the fire department or fire service personnel was ineligible.

9. Reimbursement for training costs is limited to the amounts authorized in this Section, or the amount requested, whichever is less.

History

• Source: Amended at 49 Ill. Reg. 15637, effective November 24, 2025

Chapter I Office of the State Fire Marshal

Part 141 Requirements for the Participation and Certification of Fire Protection Personnel

41 Ill. Adm. Code 141.405 Prerequisites for Participation for Reimbursement (repealed)

History

• Source: Repealed at 47 Ill. Reg. 424, effective January 1, 2023

41 Ill. Adm. Code 141.410 Requirements (repealed)

History

• Source: Repealed at 47 Ill. Reg. 424, effective January 1, 2023

41 Ill. Adm. Code 141.415 Claim Forms(repealed)

History

• Source: Repealed at 47 Ill. Reg. 424, effective January 1, 2023

41 Ill. Adm. Code 141.420 Claim Deadline (repealed)

History

• Source: Repealed at 47 Ill. Reg. 424, effective January 1, 2023

41 Ill. Adm. Code 141.425 Amount of Reimbursement (repealed)

History

• Source: Repealed at 47 Ill. Reg. 424, effective January 1, 2023

41 Ill. Adm. Code 141.450 Appropriations (repealed)

History

• Source: Repealed at 47 Ill. Reg. 424, effective January 1, 2023

41 Ill. Adm. Code 141.460 Advanced Training Programs (repealed)

History

• Source: Repealed at 47 Ill. Reg. 424, effective January 1, 2023

41 Ill. Adm. Code 141.500 Fees (repealed)

History

• Source: Repealed at 47 Ill. Reg. 424, effective January 1, 2023

41 Ill. Adm. Code 141.505 Waiver of Fees (repealed)

History

• Source: Repealed at 47 Ill. Reg. 424, effective January 1, 2023

Part 145 Certified Assessors for Fire Department Assessment Centers

41 Ill. Adm. Code 145.5 Definitions

"Act" means the Fire Department Promotion Act [50 ILCS 742].

"Appointing authority" means the Board of Fire and Police Commissioners, Board of Fire Commissioners, Civil Service Commissioners, Superintendent or Department Head, Fire Protection District Board of Trustees, or other entity having the authority to administer and grant promotions in an affected department.

"Assessment center" is an examination process that is designed to simulate situations that are common to the rank being tested and designed to measure the knowledge, skills, abilities and personal characteristics of the individual candidate in a given situation.

"Assessor" means a person qualified under JLMC standards to evaluate candidates for promotion within an Illinois fire department during an assessment center.

"BATC" means Basic Assessor Training Course.

"Department" means a fire department operated by a municipality or fire protection district affected by the Act and this Part (see Section 145.10(c)).

"JLMC" means the Joint Labor and Management Committee created by Section 50 of the Act.

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

"Parties" means the employer and exclusive bargaining representative to a collective bargaining agreement covering the candidates for promotion.

History

• Source: Amended at 39 Ill. Reg. 11477, effective July 31, 2015

41 Ill. Adm. Code 145.10 Introduction

a) The Fire Department Promotion Act [50 ILCS 742] establishes the Joint Labor and Management Committee (JLMC) for the purpose of establishing the experience, training and certification requirements for individuals that will grade candidates for promotion during an assessment center. Individuals who meet the requirements established by JLMC will be certified by JLMC for a 2 year period and listed on a Roster of Certified Assessors maintained by OSFM and JLMC.

b) The JLMC is composed of 2 representatives from the Illinois Fire Chiefs Association and 2 representatives from the Associated Fire Fighters of Illinois. Questions, comments and requests for an application to submit for certification can be obtained by contacting JLMC using the following contact information:

Joint Labor Management Committee

929 S. Second St., Suite B

Springfield IL 62704

217/522-8180

c) This Part is applicable to all full-time municipal fire departments (with a population less than 1,000,000) subject to a collective bargaining agreement and all full-time fire departments operated by fire protection districts. Subject to any collective bargaining agreement, fire departments may use persons employed or appointed by the jurisdiction administering the examination. However, fire departments are encouraged to utilize certified assessors if an assessment center is part of the promotion process.

History

• Source: Amended at 39 Ill. Reg. 11477, effective July 31, 2015

41 Ill. Adm. Code 145.20 Requirements for Certification

An individual desiring to be a certified assessor must apply to JLMC for certification and meet the following minimum requirements established by JLMC:

a) Possess a minimum of 10 years of service as a full-time sworn firefighter, including at least 3 years of service as a company officer or higher;

b) Successfully complete the Basic Assessor Training Course (BATC) administered by a JLMC approved provider that conforms to the training syllabus established by JLMC;

c) Successfully complete the practical requirements established by JLMC and participate in 2 assessment centers as a non-grading assessor within one year after completion of the BATC; and

d) Sign a pledge to comply with the Code of Ethics for Illinois Assessors.

History

• Source: Amended at 39 Ill. Reg. 11477, effective July 31, 2015

41 Ill. Adm. Code 145.30 Requirements for Recertification

a) Assessor certification is valid for 2 years. JLMC will notify certified assessors in advance of the expiration date of the requirement to apply for recertification. Certified assessors will have a 90 day grace period from the expiration date to become recertified by submitting proof of completion of the requirements of subsection (b).

b) The certified assessor must complete eight hours of participation in the following activities during each 2 year certification period in order to be recertified by JLMC:

1. 4 assessment center evaluations;

2. certified assessor continuing education; or

3. other courses related to employee appraisals or evaluations approved by JLMC. In order to receive approval for a course, the assessor must submit the course curriculum to JLMC for approval. Approval will be granted or denied by JLMC on a case-by-case basis.

c) JLMC may provide reasonable recertification deadline extensions. Failure to recertify within the 90 day grace period will result in the assessor's name being removed from the list of certified assessors unless the assessor has requested from, and been granted an extension by, JLMC.

History

• Source: Amended at 39 Ill. Reg. 11477, effective July 31, 2015

41 Ill. Adm. Code 145.40 Jlmc List of Certified Assessors

JLMC will provide to OSFM a list of all certified assessors and will, at least annually, amend that list by adding new assessors, removing assessors and confirming recertification requirements for each certified assessor.

History

• Source: Amended at 39 Ill. Reg. 11477, effective July 31, 2015

41 Ill. Adm. Code 145.50 Roster of Certified Assessors

OSFM will establish and maintain a roster of the assessors that JLMC has certified and post that information on the agency's website.

41 Ill. Adm. Code 145.60 Assessor Selection by the Parties

a) Parties to a promotion process may agree to:

1. enter into their own contract with a particular testing company to provide certified assessors;

2. request OSFM to provide a random list of certified assessors from which the parties can select; or

3. procure a roster from OSFM as provided in Section 145.80.

b) The parties to a promotion process may also agree to permit members of the appointing authority or non-certified assessors that have specialized technical expertise to participate on the assessment panel.

c) Parties to a collective bargaining agreement covering the candidates for the promotion for which certified assessors are required may agree to their own process to select certified assessors.

41 Ill. Adm. Code 145.70 Use of Roster of Certified Assessors

a) Should either party request a panel of certified assessors from OSFM, OSFM will select at random from the roster a panel numbering not less than 2 times the number of assessors required and provide that list within 7 days after receiving the request.

b) The parties shall augment the number by a factor of 50% by designating certified assessors who may serve as alternates to the primary assessors.

c) The parties shall select certified assessors from the list supplied by OSFM.

d) The parties shall notify OSFM, within 7 days following the receipt of the list, of the assessors they have selected. If the parties fail to notify OSFM of their selection of certified assessors within the 7 days, OSFM shall appoint the certified assessors required from the list of certified assessors provided.

e) Unless the parties agree to an alternate selection procedure, each party shall alternatively strike a name from the list provided by OSFM until the required number of assessors remains. A coin toss shall determine which party strikes the first name.

f) In the event a certified assessor is not able to participate in the assessment center for which he or she was selected, either of the parties involved in the promotion process may request that additional names of certified assessors be provided by OSFM. [50 ILCS 742/50(h)]

41 Ill. Adm. Code 145.80 Special Requests

a) An interested individual may obtain a complete roster from the OSFM website. If an individual does not have access to the internet or requests a particular roster search (e.g., area of the State in which the assessor provides services, areas of special knowledge, etc.), he or she may submit a special request to OSFM. Special requests for rosters shall be in writing, explain the purpose and proposed use of the request and be submitted or faxed to OSFM's Springfield office. In addition, the request may be submitted through the OSFM website.

b) OSFM reserves the right to deny any special request that contains information that might constitute an invasion of privacy of certified assessors or if it will be used for solicitation or commercial purposes that OSFM finds objectionable.

Part 149 Permanently Moored Craft Fire Prevention and Safety

41 Ill. Adm. Code 149.10 Introduction

Pursuant to authority conferred upon the Office of the State Fire Marshal (OSFM) by Section 9 of the Fire Investigation Act [425 ILCS 25/9], this Part governs the investigation and prevention of fire and dangerous conditions in, on and near permanently moored craft located within the State of Illinois.

41 Ill. Adm. Code 149.20 Definitions

"Act" means the Fire Investigation Act [425 ILCS 25].

"Assembly Occupancy" means an occupancy used:

for a gathering of 50 or more persons for deliberation, worship, entertainment, eating, drinking, amusement, awaiting transportation or similar uses; or

as a special amusement building, regardless of occupant load.

"Authority Having Jurisdiction" or "AHJ" means OSFM and local government authorities.

"Fire Safety Evaluation System" means a fire risk indexing approach to determining equivalencies to NFPA 101 for certain occupancies.

"Local Government Authorities" means those organizations that are the political governing unit of a county, district or municipality that enforce laws, regulations or ordinances within their specific geographical area.

"NFPA" means the National Fire Protection Association.

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

"Permanently Moored Craft" or "PMC" (formerly referred to in OSFM rules as permanently moored vessel or PMV) means any ship, barge or other craft permanently fixed to a foundation or mooring that, by virtue of its design and mooring arrangement, lacks the practical capability of being used as transportation on the water. By definition, as a matter of federal law (1 USC 3), these craft are not vessels for purposes of admiralty jurisdiction and are, thus, not directly subject to Coast Guard regulation or inspection. (See: Stewart v. Dutra Construction Co.; 543 U.S. 481, 494 (2005); U.S. Department of Homeland Security, Coast Guard, Notice of Policy on Craft Routinely Operated Dockside; 74 Fed. Reg. 21814 (May 11, 2009).)

"State Fire Marshal" means the Illinois State Fire Marshal and his or her deputies, inspectors or designees.

"Third-Party Examiner" means an independent third-party individual who meets the qualifications set forth in Section 149.80 and 46 CFR 71.50-1.

41 Ill. Adm. Code 149.30 Jurisdiction, Powers, Penalties, and Right of Entry

a) Jurisdiction

1. This Part applies to localities and PMCs located within the State of Illinois, pursuant to State and federal law.

2. All local officers charged with the duty of investigating fires shall enforce this Part, under the direction of OSFM, except in those localities that have adopted fire prevention and safety standards equal to or higher than the standards in this Part [425 ILCS 25/9].

b) Powers

1. OSFM is authorized and directed to enforce this Part.

2. OSFM may make, or cause to be made, inspections of PMCs based upon:

A) OSFM's own initiative;

B) Requests from agencies of the State and local government;

C) Complaints from the public;

D) Known or observed violations;

E) Known or observed potential for loss of lives or damage to property from fire;

F) Prevention of fire; or

G) Ensuring the safety of life during any emergency requiring evacuation.

3. Under the direction of OSFM, the chief of the local fire department is empowered and directed to make inspections in the geographical area of that chief's responsibility.

4. The inspections will be conducted in accordance with this Part, subject to available resources.

5. When any inspection discloses a violation of this Part, OSFM or the local fire chief shall notify the owner, occupant or other interested party, as provided in Section 9 of the Act, to correct the violation. Violations shall be corrected within the time limit stated by OSFM or the local fire chief.

c) Penalties

The penalties for violation of this Part shall be those stated in the Act.

d) Right of Entry

OSFM, and the officers of cities, villages, towns and fire protection districts charged with the duty of investigating fire by the Act, shall, under the direction of OSFM, inspect and examine, at reasonable hours, any PMC located within the State of Illinois to determine whether there are any violations of this Part or the local ordinances for the protection of life and property from fire or other emergency. Local officials having jurisdiction are empowered and directed to invoke any provisions of this Part to enforce correction of any condition hazardous to life and property from fire or other emergency.

41 Ill. Adm. Code 149.40 Adoption and Incorporation of Nationally-Recognized Standards

a) OSFM incorporates by reference the following nationally-recognized standards:

1. National Fire Protection Association

1 Batterymarch Park

Quincy MA 02169-7471

NFPA 101: Life Safety Code (Edition currently incorporated by OSFM at 41 Ill. Adm. Code 100)

NFPA 101A: Guide on Alternative Approaches to Life Safety (Edition currently incorporated by OSFM at 41 Ill. Adm. Code 100)

NFPA 307: Standard for the Construction and Fire Protection of Marine Terminals, Piers and Wharves (2016)

2. American Welding Society

8669 Doral Boulevard, Suite 130

Doral, Florida 33166

D3.6M: Underwater Welding Code (2017)

b) OSFM hereby incorporates by reference the following United States Coast Guard regulations and related notices:

46 CFR 71.50: Drydocking

46 CFR 170: Stability Requirements for All Inspected Vessels

46 CFR 171: Special Rules Pertaining to Vessels Carrying Passengers

74 Fed. Reg. 21814: Notice of Policy on Craft Routinely Operated Dockside

c) The materials incorporated by reference in this Section are incorporated as of the date specified, for the limited purposes explicitly cited elsewhere in this Part, and include no later amendments or editions. The federal regulations incorporated by reference in subsection (b) apply notwithstanding the Coast Guard's lack of direct regulatory and inspection authority over PMCs. These materials are on file with OSFM at the following locations:

1035 Stevenson Drive

Springfield IL 62703-4259

100 W. Randolph Street, Suite 4-600

Chicago IL 60601

41 Ill. Adm. Code 149.50 Applicability to New and Existing Permanently Moored Craft

All PMCs located within the State of Illinois shall be required to comply with this Part. This Part shall apply to both new and existing PMCs, except as otherwise provided by statute or modifications within this Part.

41 Ill. Adm. Code 149.60 Requirements

a) PMCs shall comply with the requirements of NFPA 101 and NFPA 307.

b) The intact and damage stability characteristics for each PMC shall comply with the applicable provisions of:

1. 46 CFR 170; and

2. 46 CFR 171, except that all PMCs shall only be required to comply with a one-compartment standard of flooding, as outlined in that regulation, regardless of the passenger capacity of the PMC.

c) If a PMC does not meet the prescriptive code requirements of NFPA 101, the owner may elect to prove that equivalent or higher safety is being achieved through a fire safety evaluation system using NFPA 101A, if an evaluation is available for that occupancy.

41 Ill. Adm. Code 149.70 Inspections and Examinations

The following inspections and examinations shall be performed in accordance with the applicable code or standard by a third-party examiner who meets the requirements of Section 149.80:

a) An annual inspection shall be conducted of PMCs to determine if structural changes exist that may affect the stability of the PMC. The inspection shall consist of the following:

1. General inspection of the superstructure and layout of outfitting to ensure there are no changes to the approved arrangement that may affect the stability of the PMC;

2. Inspection of the underdock spaces to ensure watertight integrity of the PMC is maintained;

3. Inspection of the condition of the hull and watertight bulkheads;

4. Inspection of the condition of watertight doors and watertight bulkhead penetration; and

5. Inspection of the condition of ventilator, hatch covers and manhole covers.

b) PMCs shall undergo dry dock and internal structural examinations at intervals in accordance with 46 CFR 71 or present evidence of compliance with alternative methods of hull examination as prescribed in that regulation.

c) All repair work shall comply with Illinois law effective on the completion date of the work.

d) Written documentation of compliance with the requirements of this Section and Section 149.80 shall be maintained until the next inspection. A copy shall be furnished to OSFM by the owner of the PMC. The documentation shall be certified by a third-party examiner meeting the qualifications set forth in Section 149.80.

e) Hull inspection results, including comparison of results from the subject PMC's previous inspections, must be maintained in a format that will allow for examination by OSFM representatives.

f) Repairs using underwater welding shall be subject to periodic reevaluation at subsequent inspections. Repairs shall be completed in accordance with the American Welding Society's Underwater Welding Code, incorporated by reference in Section 149.40.

41 Ill. Adm. Code 149.80 Qualifications for Third-Party Examiners

Third-party examiners are individuals who meet the minimum requirements to adequately advise OSFM as to the conformance of a PMC with the conditions set forth in this Part.

a) The required knowledge base and/or certifications for a third-party examiner to perform the inspections and examinations set forth in Section 149.70 are provided in 46 CFR 71.50-1.

b) All third-party examiners must annually provide to OSFM evidence in writing of financial responsibility in the amount of $1 million in general insurance, workers' compensation and longshoreman's insurance, hull and protection and indemnity insurance, and environmental insurance.

41 Ill. Adm. Code 149.90 Permanently Moored Craft Used as Assembly Occupancies

PMCs defined as assembly occupancies in accordance with NFPA 101 shall comply with all of the following:

a) Be equipped with an on-board electrical generator, sized and installed to be capable of supplying emergency back-up power to any required fire alarm systems, fire suppression equipment, emergency lighting circuits, communication equipment, bilge pumps, or craft propulsion equipment (if the propulsion system is used for control should the PMC be set adrift);

b) Be staffed by personnel trained to initiate shipboard/craft firefighting and evacuation duties;

c) Provide a method of controlling the PMC in the event of an emergency that causes the PMC to be set adrift; and

d) Have fire alarm systems interconnected with the fire alarm system of adjacent occupancies if any of the required paths of egress from the adjacent occupancy traverse the PMC or if the paths of egress from the system cause the other occupancy's fire alarm system to activate.

41 Ill. Adm. Code 149.100 Responsibility of Owners

It is the responsibility of the owner of a PMC to comply with this Part.

41 Ill. Adm. Code 149.110 Appeal of an Administrative Action

a) Any person aggrieved by a decision or order of OSFM may, as a matter of right, appeal that action.

b) Appeals from a decision or order of OSFM shall be instituted by filing a written request for a hearing, in the format required by 41 Ill. Adm. Code 210, no later than 10 days following receipt of the decision or order. Requests will be deemed to be timely if they are postmarked no later than the time period allowed.

c) All appeal requests pursuant to this Part shall be mailed to:

Office of the State Fire Marshal

Division of Fire Prevention

1035 Stevenson Drive

Springfield IL 62703

41 Ill. Adm. Code 149.120 Severability

If any provision or Section of this Part shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions and Sections shall not in any way be affected or impaired.

Part 150 Race Track Rules for Fire Safety

41 Ill. Adm. Code 150.10 Purpose

These rules have been established to enforce a reasonable level of fire safety at race tracks to reduce the potential for loss of human life, horses, and track operation.

41 Ill. Adm. Code 150.20 Scope

These rules shall apply to all facilities which are part of a race track complex where the complex is utilized primarily for the purpose of conducting a horse racing meet where parimutuel wagering is authorized.

41 Ill. Adm. Code 150.30 Enforcement

a) The enforcement of these rules shall be under the jurisdiction of the Office of the State Fire Marshal.

b) New buildings constructed after the adoption of these rules shall comply fully with all provisions of these rules.

c) Buildings already in existence at the time of the adoption of these rules shall be made to comply immediately with the rules under any one of the following circumstances:

1. If, in the opinion of the State Fire Marshal, lack of compliance presents an imminent danger to human life, horses, or continued operation of the race track.

2. If additions, alterations or repairs are made in any period of 12 months, costing in excess of 25% of the current replacement cost of the building.

3. If a building is increased in floor area by more than 10% or if the building is increased in the number of stories.

4. If the basic occupancy classification of a building is changed in such a manner as to increase the fire hazard.

d) Existing track facilities shall meet the following minimum fire safety requirements within the times indicated from the date of adoption of these rules:

1. Provide adequate exits, exit signs, and emergency lighting for grandstand structures within one year in compliance with Sections 5.11 through 5.13 (41 Ill. Adm. Code Sections 150.50(a)(1) through (3)).

2. Provide a complete system of manual fire reporting stations within one year for all buildings as provided in Section 7.81 (41 Ill. Adm. Code Sections 150.70(h)(1)).

3. Provide permanent type identification or signs above each fire extinguisher, fire hose station, and fire reporting station within ninety days.

4. Install automatic sprinklers within two years in grandstands as required in Sections 5.14 and 5.15 (41 Ill. Adm. Code 150.50(a)(4) and (5)).

5. Combustible barns shall either be replaced with noncombustible barns in accordance with these rules at a rate of not less than 20% per year of the total number of existing combustible barns or shall be equipped with automatic sprinklers at a rate of not less than 20% per year of the total number of existing combustible barns.

6. Combustible structures other than barns and grandstands shall be protected by automatic sprinklers if their size, type of construction, and occupancy are deemed hazardous.

7. Fire hydrants shall be provided as required in Section 7.21. (41 Ill. Adm. Code 150.70(b)(1)) Standpipes shall be installed in grandstands as provided in Section 7.41. (41 Ill. Adm. Code 150.70(d)). Class B and C barns not protected by automatic sprinklers shall be provided with hose stations in accordance with Sections 7.51 through 7.53. (41 Ill. Adm. Code 150.70(e)(1) through (3)). All installations shall be completed within two years.

8. Compliance with hay storage Sections 6.41 through 6.43 (41 Ill. Adm. Code 150.60(d)(1) through (d)(3)) shall be required within one year.

9. Within one year, unsprinklered dormitories shall be equipped with automatic fire alarm systems with automatic fire detectors in every apartment or room, (or the equivalent in terms of fire alarm and fire detection effectiveness if approved by the Fire Marshal) unless the apartments or rooms are separated by at least ¾-hr. fire resistant construction and each apartment or sleeping room has a direct exit to the outside.

e)

1. The Illinois Racing Board and the State Fire Marshal shall be notified in writing, prior to construction of structures, additions, alterations or occupancy changes covered under Section 3.3. (41 Ill. Adm. Code 150.30(c)). Construction shall not start until approved by the Illinois Racing Board and the State Fire Marshal.

2. These rules shall not nullify any local codes or regulations. If a conflict exists, the more stringent requirement shall be applicable. In areas not specified and not covered by these rules or by local codes, compliance with the provisions of one of the nationally recognized model building codes shall be acceptable.

f) It is the intent of the State Fire Marshal that if any Section, paragraph, sentence or word of these rules be declared invalid for any reason, all other portions of the rules shall still apply.

g) The owner of the facility or his designated agent shall be responsible for compliance with these rules and other recognized good practices and applicable regulations in order to maintain fire safe conditions. The omission of such recognized good practices or applicable regulations from these rules shall not be considered reason for noncompliance.

h) The specific requirements of these rules may be modified by the State Fire Marshal to allow alternative arrangements that will secure as nearly equivalent safety from fire as practical; but in no case shall the modification afford less safety from fire than compliance with the corresponding provisions contained in these rules.

41 Ill. Adm. Code 150.40 Definitions

"Automatic": As applied to fire protection shall mean a device or system activated by a fire and performing its intended function without the necessity of human intervention.

"Barn": A building used primarily for horses which may or may not have sleeping rooms.

"Building": A structure covered by a roof, separated from other structures by space or fire walls and designed for housing people, animals or equipment.

"Building Area": The maximum horizontal projected area of the building at or above grade.

"Building Construction": Types of building construction such as fire resistive, heavy timber, noncombustible, ordinary and wood frame, shall be as defined in NFPA Standard No. 220-1961, Types of Building Construction.

"Combustible": A material which does not comply with the definition of noncombustible.

"Combustible Wall": A wall constructed of combustible structural elements.

"Dormitory": A building or a portion of a building containing sleeping rooms, rest rooms, laundries and other normal housekeeping facilities.

"Emergency Lighting": Lighting designed to come on automatically in the event of failure of the primary electric power supply.

"Exit": An opening in an exterior wall or an access to a protected way of travel to allow occupants to escape from a building with reasonable safety.

"Fire Detection System": A system designed to automatically detect a fire and alert those responsible for taking emergency action.

"Fire Door": A listed door, frame, hardware, and accessories designed to provide protection against passage of fire for a specified period of time.

"Fire Hose Station": A cabinet, rack, or reel where the fire hose is stored for use in manual fire fighting.

"Fire Alarm or Notification System": A system designed to alert building occupants to a fire.

"Fire Patrols": Patrols by track personnel assigned specifically to check building areas for fires or fire hazards. Supervised patrols utilize portable clocks or other means to assure that the patrolman covers all areas on a regular basis. Freelance patrols leave the route and areas covered to the discretion of the patrolman.

"Fire Reporting System": A communications system for public use designed to notify those responsible for taking emergency action that a fire is in progress.

"Fire Wall": A self supporting noncombustible wall having at least two hour fire resistance.

"Flammable Liquid": A liquid having a flash point below 100º F and other properties as defined in NFPA Standard No. 30-1973, Flammable and Combustible Liquids Code.

"Grandstand": The structure for seating spectators, including communicating areas used for betting, club rooms, restaurants, concession stands, rest rooms, and other related facilities.

"Hay Storage": Areas used for the storage of hay or straw.

"Heating System": A system which provides comfort heating for building occupants.

"Hood and Exhaust Ventilation System": A system for exhausting heat and fumes from ranges, grills, and other cooking equipment.

"Listed": Equipment or materials included in a list published by a nationally recognized testing laboratory inspection agency, or other organization concerned with product evaluation, that maintains periodic inspections of production of listed equipment or materials, and whose listing states either that the equipment or material meets nationally recognized standards or has been tested and found suitable for use in specified manner.

"Manual": As applied to fire protection shall mean a device or system which requires human operation to perform its intended function.

"Masonry Wall": A wall constructed of brick, adobe, concrete, hollow blocks, solid blocks, or stone.

"NFPA": National Fire Protection Association, 470 Atlantic Avenue, Boston, Massachusetts 02210.

"Noncombustible": A material that will not ignite or flame when inserted for five minutes in a furnace heated to 1380º F.

"Noncombustible Wall": A wall constructed of masonry, concrete, metal, metal lath and plaster, gypsum board, glass block, or similar noncombustible materials.

"Protected Combustible Construction": As defined in NFPA Standard No. 220-1961, (Types of Building Construction) for protected ordinary construction and protected wood frame construction.

"Protected Noncombustible Construction": As defined in NFPA Standard No. 220-1961 (Types of Building Construction).

"Recognized Standards": Standards of performance testing utilized by a nationally recognized testing agency such as Underwriters Laboratories, Inc. or the Factory Mutual System, or standards of good practice as promulgated by agencies such as the National Fire Protection Association.

"Roof Covering": The covering applied to a building roof for weather resistance, fire resistance or appearance.

"Self Closing": As applied to a fire door, a door that is normally closed and is equipped with an approved listed device to automatically re-close the door after opening.

"Sleeping Room": Any room in which occupant(s) is permitted to have sleeping facilities.

41 Ill. Adm. Code 150.50 General Construction Requirements

a) Grandstands

1. Grandstands shall comply with the requirements of NFPA Standard No. 102-1972 (Assembly seating, Tents, Air Supported Structures) and NFPA Standard No. 101-1973, Life Safety Code, except as modified in Sections 5.12 through 5.13 (41 Ill. Adm. Code 150.50(a)(2) through (3).

2. Exits from enclosed grandstand spaces which empty into open grandstand spaces from which occupants can make their way to a safe location or which are a safe area of refuge can be counted as part of the required exit capacity for the enclosed spaces.

3. The occupant load of enclosed grandstand spaces shall be based on the seating capacities of these spaces plus an allowance for standees' floor area, if any, based on one person for every 10 sq ft. of net standing floor area. Required aisle space serving the fixed seats shall not be used when computing net standing floor area.

4. Automatic sprinklers shall be installed in accordance with Section 7.3 (41 Ill. Adm. Code Section 150.70(c)) throughout all enclosed grandstand areas of unprotected combustible construction. If the roof structure alone is combustible, sprinklers shall be required only in all concealed roof spaces.

5. Automatic sprinklers shall be installed in all grandstands in the following locations:

A) All spaces used for storage and maintenance having an area of over 100 sq. ft. and that are not enclosed with at least 1-hour fire resistive construction and fire doors. Automatic sprinklers may be supplied by the domestic water system up to a limit of 20 sprinklers per space provided that a density of at least .15 gallons per minute (GPM) per sq. ft. in the space can be provided. Such shall also be enclosed with at least 1-hour fire resistive construction and an approved self-closing fire door when deemed necessary by the Fire Marshal.

B) Inside combustible concealed spaces of over 2500 sq. ft. fire area.

C) All spaces used for displays or exhibitions or storage of display or exhibition materials.

D) All kitchens with interior finish having a flame spread rating over 25.

E) All interior spaces with an occupancy load of 200 persons or over 4,000 sq. ft. in area, which have interior wall and ceiling finish having a flame spread over 75, unless the interior wall finish is of solid lumber at least 1 inch thick.

F) All interior spaces and rooms under 4,000 sq. ft. having wall or ceiling finish with a flame spread rating of more than 100.

G) All interior exitways, including corridors, stairwells, and other paths to the exterior which have interior wall or ceiling finish with a flame spread of over 25.

6. Emergency fire escape provisions shall be provided from the stewards stand and press areas where required, and subject to the State Fire Marshal's approval.

b) Barns:

1. Construction Classification

Structures used as barns shall be classified as follows:

Class A – Walls and roof of noncombustible materials. Stall dividers of noncombustible material or two-inch dimension hardwood lumber. Use of combustible kick boards shall not cause otherwise noncombustible stall dividers to be classed as combustible.

Class B – Walls masonry; roof of combustible materials.

Class C – Walls and roof of combustible material.

2. Size Limitations:

A) Buildings used as barns constructed after the adoption of these rules shall not exceed in area the values in the following table:

Barn Size Limitations

Maximum Building Area in Square Feet

Construction

Class

Non

Sprinklered

Sprinklered

A

Unlimited

Unlimited

B

Not Permitted

18,000

C

Not Permitted

12,000

B) Class B and Class C construction without sprinkler protection shall not be permitted.

3. Height Limitations: The height of barns used primarily for horses shall not exceed one story. Where dormitory rooms are located above the barn structure the structure shall not exceed 2 stories in height.

4. Spacing Requirements:

A) Structures enumerated in Section 5.2 (41 Ill. Adm. Code Section (150.50(b)) constructed after the adoption of these rules shall be separated by the following minimum distances:

Spacing Between Barns in Feet

Types of

Facing-Walls

Masonry

Masonry

25

Noncombustible

Noncombustible

25

35

Combustible

35

50

B) A reduction in spacing of 50% shall be permitted for a masonry wall without openings and with a parapet extending at least 18" above any combustible roof construction within 10 ft. of the parapet and a reduction of spacing of 33⅓% shall be permitted for sprinklered combustible barns in accordance with Section 7.3 (41 Ill. Adm. Code Section 150.70(c)).

5. Fire Walls: Barns divided by a fire wall having at least two-hour fire resistance shall be considered as separate buildings in applying the size limitations of Section 5.22 (41 Ill. Adm. Code 150.50(b)(2)(A)).

A) Fire walls when required shall extend through combustible roofs and walls. The height of the wall shall be at least 32" above the roof and the side shall extend at least 24" beyond combustible exterior walls.

B) All openings in fire walls separating barns shall be protected by self-closing 1½ hour "B" label fire doors.

6. Exits: Barns shall be designed so that there is a doorway leading directly outside within 100 ft. travel distance of all portions of the building. It shall be possible to exit from any point in the building in at least two directions; dead ends longer than 30 ft. shall not be permitted. Travel distance may be increased to 150 ft. when the barn is of masonry or masonry veneer construction and is protected by an automatic sprinkler system.

A) Doorways provided to meet the requirements of Section 5.26 (41 Ill. Adm. Code Section 150.50(b)(6)(A)) shall be at least 8 ft. high and 6 ft in width.

B) All latches on exterior barn doors shall be operable from inside the building.

7. Smoke Relief Venting: Stall areas in unsprinklered barns shall be provided with exterior openings for smoke relief, located at a high level to permit natural removal of heat and combustion products. Vent openings shall be provided on the basis of 1 sq. ft. of venting area for each 60 sq. ft. of stall floor area.

c) Sleeping Facilities

1. Dormitories, tack rooms, and other facilities used for sleeping purposes shall be of at least ¾-hour fire resistant protected construction and shall comply with applicable provisions of NFPA Standard No. 101-1973, Life Safety Code.

2. Fire Separation: Individual sleeping rooms shall be separated from each other and from barns, stalls, laundry rooms, rest rooms, storage rooms, and similar occupancies by walls, floors, and ceilings having at least a ¾ hour fire resistive rating. Any wall openings shall be protected by a self-closing solid core wood or hollow metal door, 1¾" thick.

3. Fire Detection: An automatic fire alarm and detection system complying with Section 7.7 (41 Ill. Adm. Code Section 150.70(g)) shall be provided in all sleeping rooms, heating rooms, kitchens, laundry and storage rooms. A fire detection system shall not be required in sleeping facilities protected by an automatic sprinkler system complying with Section 7.3 (41 Ill. Adm. Code Section 150.70(c)), or in sleeping rooms of at least ¾ hour fire resistant construction with a direct exit to the exterior.

d) Roof Coverings: All track buildings shall have roof coverings meeting Underwriters Laboratories, Inc. requirements for Class C roofing or better.

e) Insulation: Track buildings shall not use combustible insulating materials installed so that the surface of the insulation is exposed.

41 Ill. Adm. Code 150.60 General Occupancy Requirements

a) Heating and Cooking Equipment

1. Heating and cooking equipment shall be listed by Underwriters Laboratories, Inc. or the American Gas Association. Installation of the equipment and related fuel storage and piping facilities shall be in accordance with recognized standards and good practices as found in the following standards: NFPA Standard No. 54-1974, National Fuel Gas Code; NFPA Standard No. 58-1974, Storage and Handling of Liquefied Petroleum Gases and NFPA Standard No. 70-1975, National Electrical Code.

2. Cylinders or tanks of compressed fuel gases shall not be permitted in grandstands or in buildings except as provided in NFPA Standard 58-1974 (Storage and Handling of Liquefied Petroleum Gases).

3. Sleeping rooms shall be heated by steam, hot water, warm air, electricity or approved individual gas-fired heating units.

4. Steam and hot water boilers and furnaces shall be located in a separate building or enclosure with fire resistive floors, walls, ceilings and doors. Enclosures around high pressure boilers (operating at over 15 per square inch (psi) gauge pressure) shall have two-hour fire resistance with openings protected by 1½ hour fire doors; enclosures around low pressure boilers (operating below 15 per square inch (psi) gauge pressure for steam and 30 per square inch (psi) gauge pressure for hot water) and furnaces shall have ¾-hour fire resistance with openings protected by ¾-hour fire doors.

5. Ranges, deep fat fryers and grills shall have a hood and exhaust ventilation system to the outside as outlined in NFPA Standard No. 96-1973, Vapor Removal from Commercial Cooking Equipment.

6. Hood and Vent Systems: All hood and vent systems over cooking equipment shall be protected by a listed automatic fire extinguishing system installed according to NFPA Standard No. 96-1973, Vapor Removal from Cooking Equipment. Actuation of the system shall transmit an alarm to a constantly attended location.

b) Electrical System

1. New electrical systems shall be installed by qualified electricians in accordance with NFPA Standard No. 70-1975, the National Electrical Code. Existing electrical systems installed in accordance with the requirements of the National Electrical Code in effect at the time of installation will not be required to be replaced provided they are properly maintained, and provided that electrical systems shall be updated to conform to NFPA Standard No. 70-1975 as buildings are updated to conform to NFPA Standard No. 70-1975 as buildings are updated in accordance with Section 3.3 of these rules (41 Ill. Adm. Code Section 150.30(c)).

2. Plug receptacles in electrical systems in barns are permitted provided that the receptacles are at least 4 ft. above floor level (centered between stalls) and of grounded type. In addition, electrical equipment (unless double insulated) shall be of the 3 wire (grounded) type.

3. Electrical systems in sleeping rooms shall be provided with at least one double plug receptacle having two standard outlets.

c) Flammable Liquids

1. Flammable liquids shall be stored and handled in accordance with recognized standards and good practices as found in NFPA Standard No. 30-1973, Flammable and Combustible Liquids Code.

2. No flammable liquids shall be stored in the grandstand structure. Beverage containers of one gallon or less shall be exempt.

3. Bulk supplies of flammable liquids over 55 gallons shall be stored in buried tanks.

4. Bulk supplies of flammable liquids in containers of 55 gallons or less shall be stored outside of and at least 50 feet from all buildings. Outside storage under this section shall be limited to 550 gallons in aggregate stored in any one location. Storage areas shall be enclosed by either a masonry wall or non-combustible fence not less than six (6) feet in height with entrance kept locked when not in use.

5. Listed safety cans shall be used for handling flammable liquids in less than drum quantities. (Paints, insecticides, and veterinary medicines in original containers of 5 gallons or less shall be exempt from this requirement)

d) Hay Storage

1. Facilities for the storage of hay or straw may be located either within or detached from the barn structure. Hay Storage shall not be permitted in barn lofts.

2. Hay storage rooms located within the barn shall be:

A) Separated from the rest of the stalls and sleeping rooms by walls extending to roof deck having at least one-hour fire resistance rating with doorways protected by self-closing ¾-hour fire door.

B) Provided with smoke relief venting of at least 1 sq. ft. for each 25 sq. ft. of hay storage area unless the area is sprinklered.

3. Detached hay storage buildings having an area of less than 200 sq. ft., shall be located at least 10 ft. from Class A or B barns, and 20 ft. from Class C barns, provided, however, that detached hay storage buildings with exterior walls of masonry, masonry veneer, or one-hour fire resistive protected construction and having an area of less than 200 sq. ft. shall be located at least 10 ft. from buildings with combustible exterior walls. Hay storage buildings having an area greater than 200 sq. ft. shall comply with the spacing provisions of Section 5.24 (41 Ill. Adm. Code Section 150.50(b)(4)(A)).

41 Ill. Adm. Code 150.70 Fire Protection Requirements

a) Water Supply The track shall have a water system capable of providing an adequate and reliable water supply for fire fighting purposes. Grandstands, barns and dormitories and other facilities shall have a water supply capable of providing at least 1000 gallons per minute (gpm) at 20 per square inch (psi) residual pressure for a period of two hours.

b) Fire Hydrants

1. All portions of major track structures such as barns, dormitories, kitchens and maintenance buildings shall be within 400 ft. of a fire hydrant. Grandstands shall comply with Section 7.41. (41 Ill. Adm. Code Section 150.70(d))

2. To allow access, new fire hydrants shall be located at least 25 ft. away from masonry and noncombustible walls and 50 ft. away from combustible walls.

3. Fire hydrants shall be located so that a fire department pumper can approach to within 10 ft. of the outlet.

4. Fire hydrants adjacent to doorways, parking lots or other areas where subject to vehicular damage shall be protected to prevent such damage.

5. Fire hydrants shall be approved by the local fire department. All hose connections shall have threads matching those of the public fire department serving the track.

c) Automatic Sprinklers

1. Automatic sprinkler systems shall be installed in accordance with NFPA Standard No. 13-1975, Installation of Sprinkler Systems.

2. Automatic sprinklers protecting grandstands and dormitories shall be designed for Light Hazard Occupancies, except those areas containing combustible storage or that are used as exhibition halls shall be designed for Ordinary Hazard (Group 3) Occupancies. Sprinklers for barns shall be designed for Ordinary Hazard Occupancies (Group 2).

3. Automatic sprinklers shall have a waterflow alarm device, value supervision and air pressure supervision transmitting a signal to a constantly attended location. The signaling system shall be installed in accordance with the general requirements of Section 7.7 covering fire detection systems (41 Ill. Adm. Code Section 150.70(g)).

d) Standpipes Grandstand structures shall be provided with Class III standpipes. Standpipes shall be designed and installed in accordance with NFPA Standard No. 14-1974, Standpipe and Hose Systems. A 1½" rubber lined hose connected to the standpipe shall be provided in all non-sprinklered areas. Each standpipe shall be equipped with a valved 2½" hose connection to conform with the local fire department thread. All portions of the grandstand shall be within 125 ft. of a standpipe or within 400 ft. of a fire hydrant, except for open seating spaces of noncombustible construction. All fire department standpipe connections shall be within 100 ft. of a fire hydrant.

e) Fire Hose

1. Class B and C barns not protected by automatic sprinklers shall be provided with hose stations containing not more than 150 ft. of 1" hard rubber hose secured on a wall-mounted reel and equipped with an adjustable nozzle. Such hose stations are acceptable provided they are in compliance with Section 7.2 (41 Ill. Adm. Code Section 150.70(e)(2)). Until such hose stations are installed, 50 gallon water drums shall be provided 50 ft. apart in barn aisles with two buckets per drum. Drums shall be kept filled with water.

2. Hose stations shall be located so that all portions of the structures are within reach of at least one hose stream.

3. Each fire hose station shall be marked with a sign(s) visible from each direction of approach saying "FIRE HOSE."

f) Fire Extinguishers

1. Enclosed grandstand areas, barns, and sleeping room buildings shall be provided with a basic complement of approved fire extinguishers having a minimum Underwriters Laboratories, Inc. rating of Class 2-A, within 75 ft. of travel distance from any point in the building. Non-freeze type units shall be used in areas subject to temperatures below 40º F.

(Editor's Note: In "Illinois Race Track Rule for Fire Safety", Part 403 (an identical rule adopted by the Illinois Racing Board) this subsection was amended to include either: 2 Ill. Reg. No. 28, p. 107 or 11 Ill. Adm. Code 403.79(f)(1).)

2. Kitchens, concession booths and maintenance areas shall have at least one multipurpose type extinguisher with a minimum Underwriters Laboratories, Inc. rating of 20-BC. Additional extinguishers shall be provided, if necessary, so that an extinguisher is within 50 ft. travel distance of any point in these areas.

3. Totalizator rooms, main electrical panels, and other locations containing significant amounts of electrical equipment shall have at least one liquefied gas type extinguisher having a minimum Underwriters Laboratories, Inc. rating of 10-BC. Additional extinguishers shall be provided, if necessary, so that an extinguisher is within 50 ft. travel distance of any point in these areas.

g) Fire Detection Systems

1. The performance, location, mounting and testing of automatic fire detectors shall comply with NFPA Standard No. 72E-1974, Automatic Fire Detectors. Fire detectors shall be of the combination rate-of-rise/fixed temperature type, or equivalent in performance under the conditions of use.

2. The interconnection of detectors and control equipment shall comply with the applicable portions of NFPA Standards No. 71-1974, Central Station Signaling Systems; No. 72-A-1974, Local Protective Signaling Systems; No. 72B-1974, Auxiliary Protective Signaling Systems; No. 72C-1974, Remote Station Protective Signaling Systems; No. 72D-1974, Proprietary Protective Signaling Systems and No. 70-1975, National Electrical Code.

3. Fire alarm and detection systems shall have standby power supplies capable of operating the system, including audible warning devices, for a period of 2 hours in the event of primary electrical power outage.

4. Fire alarm control equipment such as relays, rectifiers, transformers, batteries and trouble alarm devices shall not be located inside sleeping rooms, or outside where exposed to weather conditions unless in a weatherproof cabinet. All such control equipment that is accessible to the public shall be in cabinets equipped with sturdy locks.

5. Fire detection systems shall transmit alarm and trouble signals to a constantly attended location. The system shall be designed so that the specific building from which the alarm or trouble signals originate can be identified.

h) Fire Reporting and Notification Systems

1. Fire Reporting System: The grandstands, barns, dormitories, track kitchens, maintenance buildings and other buildings normally occupied during track operations shall be provided with manual fire reporting stations.

A) Manual fire reporting stations shall be located so that the normal horizontal travel distance from any building area to a station does not exceed 200 ft. in grandstands and 300 ft. in barn and other areas.

B) Manual fire reporting stations shall transmit an alarm signal to a central location manned by trained personnel.

C) Non-voice manual fire reporting stations shall be arranged in zones to provide signals that will identify to the central receiving location the general area served without need of voice communication.

D) If voice or telephone type manual fire reporting stations are utilized, each station shall be provided with a sign indicating its location or zone so that the user can give this information readily to the central receiving location.

E) Every manual fire reporting station shall be marked with an overhead sign(s) visible from all directions of approach saying "FIRE ALARM." Stations located in outdoor areas that are poorly lit shall be provided with a 40-watt overhead red light.

2. Fire Notification System: An audible fire notification system shall be provided to alert building occupants to a fire emergency.

A) The track public address system may be considered an acceptable means of performing this function when fire reports are received directly by a person with a microphone connected to the public address system.

B) For buildings not covered by a public address system outlined in Section 7.821 (41 Ill. Adm. Code Section 150.70(h)(2)(A)), or during periods that buildings are occupied and the public address system is not in operation, other audible means shall be provided to alert occupants. Such a system may either be manually actuated from a central location manned at all times the buildings are occupied, or automatically actuated by a fire detection system.

C) Fire notification systems shall be designed to awaken occupants of sleeping rooms.

41 Ill. Adm. Code 150.80 Operating Requirements

a) Track Fire and Security Personnel

1. When grandstands are open to the public, at least one trained fireman shall be assigned to freelance patrol duty in the grandstand at all times. Additional firemen may be required depending upon the size of the facility and the nature of the activities.

2. When grandstands are closed to the public, supervised fire patrols shall be conducted every three hours.

3. Barns and other major track buildings shall have supervised fire patrols every three hours when the facilities are occupied.

4. Fire patrols shall not be required in track facilities which are protected by properly functioning automatic sprinklers or automatic fire detections systems installed in accordance with Sections 7.3 and 7.7 (41 Ill. Adm. Code Section 150.70(c) and (g)).

b) Employee Fire Training

1. Security and other track and concessionaire employees shall receive training in the operation of the fire reporting system, fire extinguishers, standpipe hoses and in elementary fire fighting techniques. Training shall be given by a qualified fire department instructor.

2. During the racing meets, occupants of each barn, kitchen and other major buildings shall receive instructions by a qualified fire department instructor on fire prevention rules, fire reporting methods, and proper use of fire extinguishers and small hand hose. Instruction shall be given at least twice during each licensed meet with one session during the first two weeks of the meet.

c) Housekeeping

1. Good housekeeping standards shall be maintained in all track facilities.

2. During the racing meets, trash shall be removed from the premises daily or more often if necessary. Trash containers shall be constructed of noncombustible materials.

3. At the close of the racing meet, trash shall be removed from all buildings and yard areas, and good housekeeping maintained until the track reopens.

d) Maintenance Practices. Track management shall establish the following maintenance practices; every licensee shall keep such records and make such reports as the State Fire Marshal shall prescribe. All such records shall be open to inspection by the State Fire Marshal.

1. All heating and cooking equipment shall be inspected by qualified service personnel at least annually, preferably immediately before the start of the racing season to determine that it is in safe working order.

2. When in use, hood and vent systems over cooking equipment shall be inspected daily and cleaned as necessary to prevent the build-up of combustible grease and residue.

3. The electrical system shall be inspected by a qualified electrician at least annually, preferably immediately before the start of the racing season to determine that the system is in reliable condition.

4. All emergency lighting units shall be tested weekly during the racing meets. If an emergency generator is provided, it shall be started each week.

5. An up-to-date map of the fire protection water system shall be maintained, showing the location and size of pipes, valves, hydrants and other portions of the system. A copy of this map shall be provided to the local fire department.

6. Track water supply systems shall be flow tested annually to determine the adequacy and reliability of the basic water supply. Tests shall be witnessed by the fire department. Water control valves shall be inspected weekly during the racing meets and monthly during the balance of the year to assure that they are open. Fire pumps shall be started each week and subjected to a complete operational test on an annual basis.

7. Fire hydrants shall be inspected and serviced in the spring and fall. Servicing shall include flushing the hydrant, lubricating the hose outlet threads with a dry lubricant such as graphite, and providing any other service necessary to maintain the hydrant in good operating condition. Weeds shall be removed from around hydrants and painting shall be provided to assure good visibility. The fall inspection shall include checking for proper drainage to prevent freezing.

8. Sprinkler control valves shall be inspected, drain tests conducted and water flow alarms tested on a weekly basis during the racing meets and monthly during the balance of the year. Dry pipe sprinkler valves shall be tripped annually during nonfreezing weather.

9. Rubber lined fire hoses shall be inspected annually.

10. Fire extinguishers shall be inspected and serviced annually as required by NFPA Standard No. 10-1974, Portable Fire Extinguishers.

11. Fire detection and notification systems shall be tested at least every two weeks during the racing meets and monthly during the balance of the year. The entire system shall be inspected and serviced by a qualified contractor at least annually. A record of tests and inspections shall be kept available for inspection by the State Fire Marshal.

12. Automatic fire extinguishing systems for hood and vent installations shall be inspected and serviced on an annual basis by a qualified contractor.

e) Off Season Periods

1. All automatic fire detection, sprinkler and other protective systems shall be maintained operational throughout the year.

2. Fire extinguishers shall be maintained in all occupied buildings throughout the year.

3. Fire hose stations subject to freezing may be shut off and drained during periods that the buildings which they service are unoccupied.

f) Fire Protection Rules

1. The following track fire protection rules shall be prominently posted at each exit in all barn and dormitory areas and strictly enforced by security and other track personnel.

2. Fire protection rules shall include the following:

A) Smoking shall be prohibited in barns, hay storage buildings and in bed.

B) Electrical extension cords shall be heavy duty 3-wire cord. Multiple plugs are prohibited.

C) Portable heating appliances shall be prohibited in barns and sleeping rooms.

D) Cooking shall be prohibited in barns and sleeping rooms.

E) Sleeping shall be prohibited in stalls or hay storage areas.

F) Good housekeeping shall be maintained in all areas.

G) Flammable liquids, except as provided in Sections 6.32 and 6.35 (41 Ill. Adm. Code Section 150.60(c)(2) and (5), shall be prohibited in the grandstand structure, barns, and sleeping rooms.

H) Aisles shall be maintained clear of obstruction at all times and access to fire equipment shall not be blocked.

I) A halter shall be worn by each horse in accordance with Illinois Racing Board rules.

J) Vehicles shall not be parked within 15 ft. of fire hydrants, fire hose stations, fire reporting stations, or building doors.

K) Vehicles shall not be parked in fire lanes provided to give fire department vehicles access to buildings.

L) Appropriate signs as prescribed by the State Fire Marshal shall be posted in keeping with subsections 150.70(f)(2) A,H,J, and K.

Part 160 Storage, Transportation, Sale and Use of Gasoline and Volatile Oils: Rules and Regulations\ Relating to General Storage

41 Ill. Adm. Code 160.10 Definition

"A.N.S.I." – American National Standards Institute

"Bulk Plant and Terminal Storage" means the storage of Class I, II or III liquids other than for retail or service station storage, except as provided in Section 160.15.

"Class I (Flammable) Liquids" are defined in NFPA 30 (1981).

"Class II and III (Combustible) Liquids" are defined in NFPA 30 (1981).

"Existing" means in existence and in use on July 1, 1985.

IDOT – Illinois Department of Transportation

"NFPA" – National Fire Protection Association

"Tank trucks and tank wagons" are motor vehicles to which tanks are attached to carry Class I, II or III liquids. Tank trucks are trailers, tank wagons are single unit motor vehicles.

"U.L." – Underwriters Laboratories

History

• Source: Amended at 9 Ill. Reg. 10012, effective October 1, 1985

41 Ill. Adm. Code 160.11 Incorporation of National Standards

Where standards are incorporated by reference in this Part, the incorporated material does not include any later editions or amendments.

History

• Source: Added at 9 Ill. Reg. 10012, effective October 1, 1985

41 Ill. Adm. Code 160.15 Storage Tanks

Bulk plant storage tanks presently connected by piping to service station underground tanks may be continued in operation subject to the following conditions:

a) Valves in piping connecting storage tanks to underground service station tanks shall be heat activated and self closing to terminate the flow of product in the event of fire.

b) The service station portion must comply with all requirements of 41 Ill. Adm. Code 170 and 180 applicable to service stations.

c) A metering device shall be installed and all inventory records of delivery of product from the bulk tank to the underground tank shall be maintained. The service station must also maintain records of products dispensed.

d) No new installations of piping from bulk storage to service stations shall be permitted after July 1, 1985.

History

• Source: Added at 9 Ill. Reg. 10012, effective October 1, 1985

41 Ill. Adm. Code 160.20 Location of Tanks – Restricted Classes of Property

No storage tank shall be less than 300 feet from any mine shaft, air or escape shaft for any mine, nor from any existing school, institutional, public assembly, or theatre occupancy as defined in 41 Ill. Adm. Code 100.30. The distance shall be measured from near edges of tanks in all directions to near point of shaft or building.

History

• Source: Amended at 9 Ill. Reg. 10012, effective October 1, 1985

41 Ill. Adm. Code 160.30 Location of Aboveground Tanks – Property Lines and Buildings

a) The minimum distance from individual tanks to line of adjoining property shall be not less than the following:

1. For tanks of 50,000 gallons or less:

A)

Tank

Capacity

(Gallons)

Minimum Distance (Feet)

3,000 or less..............................................

20

3,001 to 20,000..............................................

25

20,001 to 30,000..............................................

30

30,001 to 45,000..............................................

40

45,001 to 50,000..............................................

50

B) In case of tanks for the storage of crude petroleum, the foregoing minimum clearances shall be doubled.

2. The description of and requirements for Group A, B, C, and D tanks are:

A) For tanks of more than 50,000 gallons to be used only for the storage of refined petroleum products or other flammable liquids not subject to boil-over:

i) Group A Tanks. If tank is equipped with a permanently attached extinguishing system or a floating roof, in conformance with NFPA #30 (1981), the distance shall be not less than the greatest dimension (diameter, length or height) of the tank, but such distance need not exceed 120 feet.

ii) Group B Tanks. If tank is not equipped either with a permanently attached extinguishing system or a floating roof, in conformance with NFPA #30 (1981), the distance shall be not less than 1 1/2 times the greatest dimension (diameter, length or height) of the tank, but such distance need not exceed 175 feet.

B) For tanks of more than 50,000 gallons to be used for the storage of crude petroleum or other flammable liquid subject to boil-over:

i) Group C Tanks. If tank is equipped either with a permanently attached extinguishing system or a floating roof, in conformance with NFPA #30 (1981), the distance shall be not less than twice the greatest dimension (diameter, length or height) of the tank, but such distance need not exceed 175 feet.

ii) Group D Tanks. If tank is not equipped either with a permanently attached extinguishing system or a floating roof, in conformance with NFPA #30 (1981), the distance shall be not less than three times the greatest dimension (diameter, length or height) of the tank, but need not exceed 350 feet.

b) The distances shall apply also to other buildings on the property except those necessarily connected with the installation (such as oil warehouse, pumphouse and garage).

c) In particular installations these distances shall be increased where the Office of the State Fire Marshal, determines that the increase will significantly decrease risk after consideration of such special features as topographical conditions, nature of occupancy and proximity of buildings on adjoining property, height and construction of such buildings, capacity and construction of proposed tanks and character of liquids to be stored, degree of private fire protection provided and facilities of fire departments to cope with oil fires. The effected person(s) will be notified of such decision in writing.

d) Location of tanks with reference to railroad tracks over which passenger trains are moved shall conform to the regulations of the Bureau of Explosives of the Association of American Railroads (formerly American Railway Association), American Railroads Building, 1920 L Street, N.W., Washington, D.C. 20036.

e) When general oil storage is maintained in connection with a filling station, the distance from general storage tanks to filling station buildings, tanks and equipment shall be the same as that required to property lines.

History

• Source: Amended at 9 Ill. Reg. 10012, effective October 1, 1985

41 Ill. Adm. Code 160.40 Location of Tanks – Distance Between Aboveground Tanks

a) The minimum distance from tanks to adjacent tanks shall be as follows:

Tank Capacity

(Gallons)

Minimum Distance

(Feet)

24,000 or less.................................................

5

24,001 to 48,000............................................

10

48,001 to 75,000............................................

13

75,001 to 100,000..........................................

15

Over 100,000.................................................

One Tank Diameter

b) If tanks are of different capacities, the capacity of the larger tank shall govern its distance to adjacent tanks.

c) Existing tanks of under 24,000 gallons shall maintain a minimum distance of at least 3 feet.

History

• Source: Amended at 9 Ill. Reg. 10012, effective October 1, 1985

41 Ill. Adm. Code 160.50 Location of Tanks – High Water

Tanks shall be located and anchored so as to avoid possible damage and flotation from high water in accordance with NFPA #30 2-5.6 (1981).

History

• Source: Amended at 9 Ill. Reg. 10012, effective October 1, 1985

41 Ill. Adm. Code 160.60 Location of Tanks – Streams

When tanks are located within 300 feet of a stream they shall be diked in conformity with Section 160.200. Existing facilities shall be brought into compliance with this rule within one year of the effective date of this rule.

History

• Source: Amended at 9 Ill. Reg. 10012, effective October 1, 1985

41 Ill. Adm. Code 160.70 Material and Construction of Tanks – Specifications

a) Factory assembled tanks shall bear the label of Underwriters' Laboratories Standard UL 142 (1972) for aboveground storage or UL 58 (1976) for underground storage. Field erected tanks shall meet the specifications of the National Fire Protection Association, as published in NFPA Standard No. 30, (1981), or those of the American Petroleum Institute, Standard 650 (1983) or 620 (1978). No open tank shall be used.

b) Metallic tanks shall be covered with asphaltum or other non-rusting coating or paint and cathodic protection as specified in NFPA 30 2-3.3 (1981).

c) Underground steel tanks built to Steel Tank Institute Standard P3, (1982) are approved provided that they are installed according to the manufacturer's specifications.

d) Underground non-metallic tanks are approved providing they are installed according to the manufacturer's instructions, and are listed by Underwriters Laboratories or meet the criteria of UL 1316 (1983).

e) The diameter of all non-metal tanks shall be measured before and after back-filling. If deflection of the tank exceeds the following table, then the State Fire Marshal and the manufacturer of the tank shall be notified prior to its being placed in use. (Excessive deflection of tank may cause cracking or may cause suction lines to penetrate the bottom of the tank.)

Tank Diameter

Maximum Deflection

6 ft.

⅝ inch

8 ft.

1 ¼ inch

10 ft.

1 ½ inch

12 ft.

1 ½ inch

f) During cold weather frozen back-fill must not be used and chunks of ice must not be permitted to be included in the back-fill for non-metallic tanks.

g) All pipe connections shall be made through flanges or reinforcements securely riveted, welded or bolted to the tank and shall be made tight.

h) All openings shall be made liquid and vapor tight, except breather vents. Gaskets used shall be such as are not affected by heat or the contents of tanks.

i) Covers for manholes, handholes and gauge holes shall be made tight fitting and normally kept in place.

j) If tanks are horizontal, unprotected steel supports will not be accepted. Steel supports shall be protected from oxidation.

History

• Source: Amended at 9 Ill. Reg. 10012, effective October 1, 1985

41 Ill. Adm. Code 160.80 Venting of Tanks – Normal Vents

a) Each tank over 100 gallons in capacity shall have vent openings, or pressure vacuum vents in accordance with NFPA 30 (1981).

b) Vent openings shall in no case be less than one and one-fourth inches in diameter, and where a power pump is used in filling the tanks, and a tight connection is made to the fill pipe, the vent shall not be smaller than the fill pipe.

History

• Source: Amended at 9 Ill. Reg. 10012, effective October 1, 1985

41 Ill. Adm. Code 160.90 Venting of Tanks – Special Safety or Emergency Relief Vents

a) Additional vent openings or safety valves to relieve any excessive pressure due to external heat shall be provided, of a type which shall be self-closing when pressure is relieved and meet the requirements of NFPA 30 (1981).

b) Vent Capacity: Tank venting systems shall be equipped in accordance with NFPA 30 (1981) to prevent blowback of vapor or liquid at the fill opening while the tank is being filled. Vent pipes shall not be less than 1¼-in. nominal inside diameter. The required venting capacity depends upon the filling or withdrawal rate, whichever is greater, and the vent line length. Unobstructed vent piping sized in accordance with the table below will prevent back-pressure development in tanks from exceeding 2.5 psig. Where tank venting devices are installed in vent lines, their flow capacities shall be determined in accordance with NFPA 30 (1981).

c) Vent line diameters shall conform to the following table:

Vent Line Diameters

Maximum Flow

GPM

50 ft.

Pipe Length*

100 ft.

200 ft.

100

1 ¼-inch

1 ¼-inch

1 ¼-inch

200

1 ¼-inch

1 ¼-inch

1 ¼-inch

300

1 ¼-inch

1 ¼-inch

1 ¼-inch

400

1 ¼-inch

1 ¼-inch

2-inch

500

1 ¼-inch

1 ¼-inch

2-inch

600

1 ¼-inch

2-inch

2-inch

700

2-inch

2-inch

2-inch

800

2-inch

2-inch

3-inch

900

2-inch

2-inch

3-inch

1000

2-inch

2-inch

3-inch

*Vent lines of 50 ft. 100 ft. and 200 ft. of pipe plus 7 ells.

History

• Source: Amended at 9 Ill. Reg. 10012, effective October 1, 1985

41 Ill. Adm. Code 160.100 Installation of Tanks – Setting of Tanks Aboveground

a) The bases of tanks which are more than one foot above the ground shall have a firm foundation and supports of non-combustible materials. Footings shall be below the frost line.

b) Unprotected steel as a support for tanks shall not be permitted.

c) No combustible materials shall be permitted under or within 10 feet of any storage tanks. Stairways to and walks on top of tanks shall be of iron or steel.

d) Tanks installed after July 1, 1985 shall have 12" diameter culvert pipe sumps installed as follows: Within a dike, these sumps shall be as remote from each other as possible considering drainage, topography, and other factors as may appear to effect the ability of the sump to recover the product.

Up to 500,000 gallons

One sump

500,001 gallons to 1,000,000

Two sumps

1,000,001 or more

Four sumps

History

• Source: Amended at 9 Ill. Reg. 10012, effective October 1, 1985

41 Ill. Adm. Code 160.110 Installation of Tanks – Grounding of Tanks

All tanks shall be grounded electrically to permanently moist earth.

History

• Source: Amended at 9 Ill. Reg. 10012, effective October 1, 1985

41 Ill. Adm. Code 160.120 Piping – Materials and Design

Piping, valves, joints and fittings for flammable and combustible liquids shall be designed for the working pressures and structural stresses to which they may be subjected.

a) Piping valves, joints and fittings shall be of steel or other materials suitable for use with the liquid being handled. Pipe-wall thicknesses determined in accordance with Section 3 of the American National Standards Institute Code for Pressure Piping (A.N.S.I. B36.10-1950) shall be deemed to comply with this Section; except that carbon steel pipe shall not be thinner than standard wall thickness listed in the American Standard for Wrought-Steel and Wrought-Iron Pipe (A.N.S.I. B36.10-1950).

b) Non-metallic piping systems conforming to the requirements of A.N.S.I. B31(1983) for use with flammable and combustible liquids are permitted underground.

c) All sealants shall be compatible with the product being used and these standards.

History

• Source: Amended at 9 Ill. Reg. 10012, effective October 1, 1985

41 Ill. Adm. Code 160.130 Piping – Runs

Piping shall be run as directly as possible and proper allowance made for expansion and contraction.

41 Ill. Adm. Code 160.140 Piping – Aboveground

Aboveground piping shall be protected against mechanical injury to the extent reasonably possible.

History

• Source: Amended at 9 Ill. Reg. 10012, effective October 1, 1985

41 Ill. Adm. Code 160.150 Piping – Underground

a) Metallic piping shall not be surrounded or covered by cinders or other material of corrosive effect, but preferably should be laid in sand, and where carried in conduit, the openings of such conduit must be sealed to prevent escape of liquid except for vent pipes.

b) Pipe lines buried on railroad property shall be laid at a depth of not less than three feet; where they pass under tracks they shall be laid at least four feet below bottom of ties.

c) Piping buried in city streets or under roads shall be sealed in conduit. Joints of conduit shall be sealed to prevent leakage and pitch shall be toward tank yard, and a vent pipe shall be provided.

d) Metallic piping shall be coated with asphaltum or other corrosion resisting material.

History

• Source: Amended at 9 Ill. Reg. 10012, effective October 1, 1985

41 Ill. Adm. Code 160.160 Piping – Joints

Joints may be welded or of the ordinary screw type; if of the screw type they shall be screwed together with litharge and glycerine, lamp black or shellac or pipe joint compound.

History

• Source: Amended at 9 Ill. Reg. 10012, effective October 1, 1985

41 Ill. Adm. Code 160.170 Piping – Tests

After installation, piping shall be tested at a pressure fifty per cent in excess of the working pressure for thirty minutes and must be proven leak proof.

History

• Source: Amended at 9 Ill. Reg. 10012, effective October 1, 1985

41 Ill. Adm. Code 160.180 Piping – Normal Valves

a) Each pipe attached to a tank shall be provided with a valve at the tank, with no branches nor outlets between the tank and valve.

b) In case two or more tanks are cross-connected, there shall be a valve at each tank in each cross-connection. Tanks with different classes of liquids shall not be cross-connected.

41 Ill. Adm. Code 160.190 Piping – Emergency Internal Check Valves

In addition to any normal valves, there must be an extra valve at each pipe line connection to any tank below normal liquid level, (regardless of when installed) which valve is effective inside the tank shell and is operated both manually and by an effective heat actuated device which, in case of fire, will automatically close the valve to prevent the flow of liquid from the tank even though the pipe lines are broken from the tank. These extra valves are not required in crude oil tanks in oil fields, on tanks at refineries, or on tanks at terminals which are equipped with a swing line or where facilities are provided to transfer the contents of the tank to another tank in case of fire. On tanks installed prior to April 14, 1977, emergency check valves may be external, if the size of the opening is too small to admit the smallest emergency check valve provided:

a) The valve used incorporates a shear section, and

b) The valve is so installed that any undue strain beyond the valve will not cause failure between the valve and the tank.

c) When an opening on a previously installed tank is enlarged, an internal valve is installed.

History

• Source: Amended at 9 Ill. Reg. 10012, effective October 1, 1985

41 Ill. Adm. Code 160.200 Diking

a) Individual tanks or groups of tanks, where deemed necessary by the Office of the State Fire Marshal on account of proximity to waterways, character of topography, or nearness to structures of high value, or to places of residence or public assembly, as defined in 41 Ill. Adm. Code 100.30, shall be diked or the yard shall be provided with a curb to prevent the spread of liquid onto other property or waterways. Where a diked enclosure is required under this paragraph, the volumetric capacity of the diked area shall be not less than the aggregate capacity of the tanks within the diked area, or be in accordance with NFPA 30 (1981) Section 2-2.3.3.b.

b) Sufficient distance to meet the requirements of Sections 160.200, 160.220 and 160.230 shall always be allowed for the building of a dike at such time as a dike may be required by subsection (a) above.

c) Distance from the tank shell to the toe of the dike shall be not less than five feet.

d) The product stored within a diked area must not be of a type that would be incompatible with other products in the event of a fire. Alcohol must be separately diked from gasoline or other petroleum products. Petroleum products containing less than 10% alcohol by volume shall be treated as petroleum for the purpose of this Section.

History

• Source: Amended at 9 Ill. Reg. 10012, effective October 1, 1985

41 Ill. Adm. Code 160.210 Dikes Required – Crude Petroleum

Tanks or groups of tanks containing crude petroleum or other liquids which have a tendency to boil over shall be diked.

41 Ill. Adm. Code 160.220 Dikes – Capacity

Dikes surrounding tanks containing crude oil or other flammable liquid subject to boil-over, shall have a capacity of not less than the capacity of the tank surrounded and in addition shall have a coping or deflector pointing inward, so designed and constructed as to minimize the effect of the boil-over wave. The dike shall be not less than 50 feet from the shell of the tank surrounded.

History

• Source: Amended at 9 Ill. Reg. 10012, effective October 1, 1985

41 Ill. Adm. Code 160.230 Dikes – Material and Construction

a) Dikes shall be constructed of earth, clay, solid masonry or reinforced concrete not higher than one-half the height of the tank or tanks enclosed, so constructed as to afford protection from leaks, spills, or other discharge of product.

b) Earthwork dikes shall be firmly and compactly built of good earth or clay, from which stones, vegetable matter and other foreign material have been removed. They shall have a flat section at the top not less than two and one-half feet wide and a slope of at least 1 to 1 (45º) on both sides.

c) Masonry or concrete dikes shall have footings below the frost line.

d) It is permissible to cover earthwork dikes with gravel or stones not larger than 2" in diameter.

e) If a concrete floor covering is provided for the area enclosed by a concrete dike, a sump shall be provided at some convenient place, attached to which shall be a pump conforming to NFPA #70 (1984), Chapter 5, so that any accumulation of water or oil may be removed immediately.

History

• Source: Amended at 9 Ill. Reg. 10012, effective October 1, 1985

41 Ill. Adm. Code 160.240 Dikes – No Openings Permitted

Embankments or dikes shall be continuous, with no openings for piping or roadway.

41 Ill. Adm. Code 160.250 Pumphouse

a) Motors and pumps shall be located in a separate building not less than ten (10) feet from tanks, loading docks, warehouses, garages and property lines, except as provided in Section 160.255. Any pumphouse erected after April 14, 1977 shall be of non-combustible construction.

b) The motor shall be of the polyphase, non-sparking or explosion-proof type, and shall be grounded to permanently moist earth.

c) If pumphouse is electrically lighted, lights shall be of the vapor proof type, wiring shall be in sealed conduit, and the light switch shall be of the explosion-proof type, oil bath type, or shall be placed outside the building.

d) Motor starting switches shall be of the explosion-proof type or oil bath type if in an area where explosive concentration of vapors are suspected of being present.

e) Screened openings of not less than 64 square inches each shall be constructed in opposite corners at floor line to provide proper ventilation.

f) All doors of pumphouse shall open outward.

g) Doors shall be left open at all times when pumps are in operation.

History

• Source: Amended at 9 Ill. Reg. 10012, effective October 1, 1985

41 Ill. Adm. Code 160.255 Unenclosed Pumps and Motors

If pumps and motors are located entirely in the open, with no enclosure whatever, they may be located at or under the loading dock. Motors and electrical equipment shall comply otherwise with the provisions of Section 160.250.

41 Ill. Adm. Code 160.260 Warehouse

a) Any warehouses erected after April 14, 1977 or converted for the storage of flammable liquids shall have non-combustible walls, roofs and floors and shall be so constructed that refuse cannot accumulate under the floor.

b) Storage of liquids of Class I or II shall not be permitted except in original sealed containers and no transfer of liquids in such containers to other containers shall be made inside the warehouse.

c) Warehouses shall be kept clean, neat and orderly, and free from accumulation of grease and oil spillage.

d) The National Electrical Code as published in NFPA Standard No. 70, (1984) by the National Fire Protection Association, shall govern the electrical installation.

History

• Source: Amended at 9 Ill. Reg. 10012, effective October 1, 1985

41 Ill. Adm. Code 160.270 Garage

a) Floor of garage shall be of concrete or other non-combustible material, laid directly on the ground or on a well tamped and puddled fill.

b) Ventilation shall be provided to carry off any flammable gases which may accumulate.

c) No connection to any house drainage or to any sewer system shall be made from any garage waste basin, sink, floor drain or waste, unless a grease trap is provided ahead of such connection. This does not apply to lavatories, toilets or wash basins, utilized exclusively for toilet or personal use, nor to downspouts carrying surface water from the roof.

d) Electrical Installation – The National Electrical Code as published in NFPA Standard No. 70, (1984) by the National Fire Protection Association, shall govern the electrical installation.

History

• Source: Amended at 9 Ill. Reg. 10012, effective October 1, 1985

41 Ill. Adm. Code 160.280 Location of Unloading Dock

Location of unloading site with reference to railroad tracks over which passenger trains are moved shall be subject at all times to the regulations of the Bureau of Explosives of the Association of American Railroads, and all amendments thereto, (formerly American Railway Association), American Railroads Building, 1920 L Street, N.W., Washington, D.C. 20036 as in effect on January 1, 1983.

History

• Source: Amended at 9 Ill. Reg. 10012, effective October 1, 1985

41 Ill. Adm. Code 160.290 Location of Loading Dock

Truck loading docks and platforms shall be located not less than twenty-five (25) feet from storage tanks, plant buildings and property lines, except installations existing prior to April 14, 1977, which shall be not less than ten (10) feet.

History

• Source: Amended at 9 Ill. Reg. 10012, effective October 1, 1985

41 Ill. Adm. Code 160.300 Electrical Equipment

a) All electric lights at loading or unloading docks shall be of vapor-proof construction. Electric wiring shall be in sealed conduit at docks and switches shall be of the explosion-proof type or placed at least 20 feet from the docks.

b) All electrical installations, appliances, equipment, and wiring shall conform to the provisions of NFPA # 70 (1984) Chapter 5 and applicable sections thereof.

History

• Source: Amended at 9 Ill. Reg. 10012, effective October 1, 1985

41 Ill. Adm. Code 160.310 Pumps and Pipe Lines

a) Gasoline and naphtha shall never be handled through the same pump and pipe lines as kerosene and fuel oils.

b) Pipe lines shall have a definite color scheme for painting to indicate the product which is being carried by the respective lines. Valves on lines in pumphouse shall be tagged to denote the product handled and controlled by each valve.

c) Pumps delivering to or taking supply from tanks or tank car shall be provided with valves on both suction and discharge of pump. Such valves shall be marked with the testing and listing symbol for their use with flammable and combustible liquids.

History

• Source: Amended at 9 Ill. Reg. 10012, effective October 1, 1985

41 Ill. Adm. Code 160.320 Tank Car Unloading Operations - Grounding

Before unloading operations are started and before any connection or contact is made with piping or other unloading equipment, the tank car shall be electrically grounded. Permanent electrical connection of not less than No. 0 copper cable shall be made between the rails on which tank cars stand and the piping system of the storage plant. This connection may be accomplished in two ways. The rails may be bonded by means of standard rail bonds and connected to the permanent piping system with No. 0 electrical cable connections at each end of the loading or unloading section; or a similar connection may be made between each rail on which cars stand and the permanent piping system.

History

• Source: Amended at 9 Ill. Reg. 10012, effective October 1, 1985

41 Ill. Adm. Code 160.330 Tank Car Unloading Operations – No Unloading by Gravity

a) The withdrawal of Class I and II liquids from tank cars through bottom outlets shall not be permitted. Tank cars shall be unloaded through dome (manhole) only. Pumps required to accomplish this shall be in conformity with the National Electrical Code NFPA #70 (1984) Chapter 5, and securely installed.

b) Exception: Fuel oils for heating may be unloaded by gravity.

c) The use of compressed air to discharge contents of tank cars is prohibited, but this shall not be construed to prevent the use of a standard system employing an inert gas, such as carbon dioxide or nitrogen, as pressure generating medium for this purpose.

History

• Source: Amended at 9 Ill. Reg. 10012, effective October 1, 1985

41 Ill. Adm. Code 160.340 Tank Car Unloading Operations – No Unloading to Portable Containers

Unloading from tank cars to tank trucks or to any other portable container shall not be permitted.

41 Ill. Adm. Code 160.350 Tank Car Unloading Operations – Dome Covers

After unloading pipe is inserted into dome of tank car and before any pumping is done, the dome shall be tightly covered with wet burlap to limit the release of flammable vapors.

History

• Source: Amended at 9 Ill. Reg. 10012, effective October 1, 1985

41 Ill. Adm. Code 160.360 Tank Car Unloading Operations – Other Restrictions

a) All connections between tank cars and pipe lines shall be in good condition and not permit leakage.

b) Tank cars shall not be left connected to pipe lines except when loading or unloading is going on, and during all such times a person shall be present and in charge.

c) The presence of flame lanterns, flame switch lights or other exposed flame lights or fires during the process of loading or unloading is prohibited.

History

• Source: Amended at 9 Ill. Reg. 10012, effective October 1, 1985

41 Ill. Adm. Code 160.365 Tank Trucks, Tank Wagons, and Portable Tanks

a) For the purpose of this Part, motor vehicles used for the transport of flammable and combustible liquids shall be classified as follows:

Class A: Motor vehicle transports of 4000 gallons or more capacity.

Class B: Motor vehicle transports of over 110 but less than 4000 gallons capacity.

Class C: Motor vehicle transports of 110 or less gallons capacity.

Class A: Transports are further defined as those which are used to transport flammable and combustible liquids between terminals and bulk plants to service stations and fueling of aircraft.

Class B: Transports are further defined as those which are used to transport flammable and combustible liquids from terminals and bulk plants to service stations, farm storage sites, construction sites, and for home heating fuel deliveries.

Class C: Transports are further defined as those vehicles which have tanks added after factory manufacture of the vehicle chassis for the purposes of either transporting liquid fuels or added fuel capacity for the vehicle to which the tank(s) have been added.

Class A & Class B transport trucks are regulated by both the Federal and State of Illinois Departments of Transportation by virtue of the fact that their load weight can equal or exceed 1000 pounds.

b) Up to 110 gallons of Class I, II or III liquids may be carried for added fuel capacity provided that:

1. Any such tank is constructed of 18 gauge or heavier steel, or equivalent gauge aluminum.

2. That such tank is securely fastened to either the truck bed or frame in such a manner that it will not separate from the vehicle in the event of a collision.

3. That such tank is permanently connected to the carburetion system of the vehicle by tubing conforming to 49 CFR 571.301 (1983).

4. That such tank is baffled to prevent the sudden shifting of liquid when the vehicle is moving.

5. That such tank is electrically bonded to the vehicle frame.

6. That each tank is clearly labeled with letters at least 2" in height with contrasting background with the product name.

c) When Class I, II and III liquids are to be transported for agricultural and construction or farm use as defined in 41 Ill. Adm. Code 170 and 180 such transport shall consist of 110 gallons or less per vehicle and may be transported subject to the following conditions:

1. Containers shall be tanks constructed of 18 gauge or heavier steel or equivalent gauge aluminum.

2. Tanks must be securely fastened to prevent separation from the vehicle in the event of a collision.

3. Tanks must be electrically bonded to the frame of the vehicle.

4. Tanks may not be drained by gravity. Top mounted pumps designed and labeled for use with flammable and combustible liquids may be used to transfer Class I, II and III liquids from such tanks to other storage tanks or farm vehicle fuel tanks. No top mounted pump shall be higher than the highest point of the vehicle or permanently attached appurtenances (i.e. roll bars).

5. That each tank is clearly labeled with letters at least 2" in height with contrasting background with the product name, or placarded in accord with IDOT Hazardous Material Transportation Regulations. (92 Ill. Adm. Code: Subtitle C)

History

• Source: Added at 9 Ill. Reg. 10012, effective October 1, 1985

41 Ill. Adm. Code 160.370 Truck Loading Operations – Grounding

Before loading operations begin, tank trucks shall be electrically bonded to pipe line by means of a bonding device at loading dock.

41 Ill. Adm. Code 160.380 Protection of Property – Fencing

Apparatus dispensing Class I flammable liquids into the fuel tanks of motor vehicles of the public shall not be located at a bulk plant unless separated by a fence or similar barrier from the area in which bulk operations are conducted.

41 Ill. Adm. Code 160.390 Protection of Property – Care and Attendance

a) Property shall be kept free from weeds, high grass, rubbish and litter, and shall be kept neat, clean and orderly throughout.

b) Open light or flame shall not be permitted on the property.

41 Ill. Adm. Code 160.400 Protection of Property – Fire Protection

a) Fire extinguishers of at least 4A: 60 BC rating, foam generators or other agents for extinguishing oil fires shall be provided.

b) Fire extinguishers shall be installed, inspected, maintained and tested in accordance with the requirements of NFPA #10 (1981).

History

• Source: Amended at 9 Ill. Reg. 10012, effective October 1, 1985

41 Ill. Adm. Code 160.410 Storage of Barrels and Drums – No Storage Within Buildings

a) Barrels and drums used for Class I liquids, whether full or empty, shall be stored in the open or on an open platform in plant yard. Platforms may be roofed over provided such roof is of noncombustible material.

b) No open lights shall be permitted in such storage yard.

c) Caps, bungs and plugs shall be closed and tightened to prevent the escape of vapor immediately after container is emptied.

d) Class I liquids, such as gasoline and naphtha shall be handled only in barrels or drums painted red and labeled, and no other liquids shall be handled in such red barrels or drums.

History

• Source: Amended at 9 Ill. Reg. 10012, effective October 1, 1985

41 Ill. Adm. Code 160.420 Tank Trucks and Tank Wagons – Double Bulkheads

Compartment tanks shall be constructed with double bulkheads unless they always carry the same class of liquids in the respective compartments (CLASS I, II, OR III).

41 Ill. Adm. Code 160.425 Tank Trucks and Tank Wagons – No Manifolding of Different Classes of Liquids

Compartments of tank trucks and tank wagons carrying different classes of liquids shall not be manifolded together. Separate piping and meter where installed shall be provided for each class of liquid to eliminate hazard of mixing.

History

• Source: Amended at 9 Ill. Reg. 10012, effective October 1, 1985

41 Ill. Adm. Code 160.430 Tank Trucks and Tank Wagons – Distinguishing Numbers; Tags

a) Each compartment or tank shall be numbered and the same number shall appear on the end of the piping connected with that compartment or tank.

b) A serviceable metal tag shall be fastened securely to each valve, designating the contents of the compartment it controls by lettering not less than one-quarter inch high. Tags shall be painted according to the same color scheme as the pipe lines, Section 160.310(b), or placarded in accordance with Illinois Department of Transportation Hazardous Material Transportation Regulations as set forth in 92 Ill. Adm. Code: Subtitle C.

History

• Source: Amended at 9 Ill. Reg. 10012, effective October 1, 1985

41 Ill. Adm. Code 160.435 Tank Trucks and Tank Wagons – Presence of Person Required During Loading and Unloading Operations

During loading and unloading of tank trucks and tank wagons a person shall be present and in charge at all times.

a) The driver, operator, or attendant of any tank vehicle shall not remain in the vehicle but shall not leave the vehicle unattended during the loading or unloading process. Delivery hose, when attached to a tank vehicle, shall be considered to be a part of the tank vehicle.

b) When transferring Class I liquids, motors of tank vehicles or motors of auxillary or portable pumps shall be shut down during making and breaking hose connections. If loading or unloading is done without requiring the use of the motor of the tank vehicle, the motor shall be shut down throughout the transfer operations of Class I liquids.

c) Smoking on or about any tank truck or tank wagon during loading and unloading operations at bulk plants is forbidden. Extreme care shall be taken during these operations to keep fire away and to prevent persons in the vicinity from smoking, lighting matches or carrying any flame or lighted cigar, pipe or cigarette.

History

• Source: Amended at 9 Ill. Reg. 10012, effective October 1, 1985

41 Ill. Adm. Code 160.440 Tank Trucks and Tank Wagons – Valves and Faucets

a) Faucets shall be of the self-closing type.

b) All outlets of each cargo tank or compartment used for transporting Class I, Class II, or Class III liquids having a viscosity less than 45 seconds Saybolt Universal at 100 degrees F. shall be equipped with a shutoff valve located inside the shell; or in the sump when it is an integral part of the shell; and designed so that the valve must be kept closed except during loading and unloading operations. The operating mechanism for the valve shall be provided with a secondary control, remote from the fill openings and discharge faucets, for use in the event of accidents or fire. The control mechanism shall be provided with a fusible section which will permit valves to close automatically in case of fire. In every case there shall be provided between the shutoff valve seat and discharge faucet a shear section which will break under strain unless the discharge piping is so arranged as to afford the same protection and leave the shutoff valve seat intact.

c) The outlets of each cargo tank used for transporting liquids having a viscosity equal to or greater than 45 seconds Saybolt Universal at 100 degrees F. shall be equipped with a shutoff valve, located internally, designed so that the valve will remain operable if the external connection is sheared off.

History

• Source: Amended at 9 Ill. Reg. 10012, effective October 1, 1985

41 Ill. Adm. Code 160.450 Tank Trucks and Tank Wagons – Bumpers

A heavy bumper shall be provided across the rear to protect all faucets in case of a rear end collision.

History

• Source: Amended at 9 Ill. Reg. 10012, effective October 1, 1985

41 Ill. Adm. Code 160.460 Tank Trucks and Tank Wagons – Static Protection

a) Cargo tanks and vehicle chassis shall be electrically bonded. Provision shall be made in the tank structure and vehicle for the bonding of the vehicle to the fill pipe during the truck loading operations.

b) Grounding – Before loading operations begin, tank trucks shall be electrically bonded to pipe line by means of a bonding device at loading dock.

c) Unloading operations – Unloading hose from tank trucks into underground tank shall have static wire or its equivalent and shall be equipped with a nonferrous nozzle or tight connection metal nipple.

History

• Source: Amended at 9 Ill. Reg. 10012, effective October 1, 1985

41 Ill. Adm. Code 160.480 Retail Sales Prohibited

a) Retail deliveries from tank trucks or tank wagons of Class I, II or III liquids shall not be permitted in any street or alley of any city, village or town, nor on any highway outside of any city, village or town, nor shall any person deliver fuels into motor vehicle fuel tanks from tank trucks, tank wagons, or other portable containers or tanks except as permitted in 41 Ill. Adm. Code 170 and 180, and (b) and (c) below.

b) The delivery of fuel oil used for heating purposes is not restricted by this section.

c) The fueling of emergency vehicles (police cars, fire trucks and ambulances) and, road construction equipment (as permitted in 41 Ill. Adm. Code 170.210) and maintenance vehicles and equipment is not restricted by this rule.

History

• Source: Amended at 9 Ill. Reg. 10012, effective October 1, 1985

41 Ill. Adm. Code 160.490 Fire Extinguishers

Each tank truck or tank wagon shall carry a fire extinguisher suitable for extinguishing gasoline and oil fires, such as carbon dioxide, foam or powder. Such fire extinguishers shall carry a testing and listing label giving the extinguisher a rating for class A & B fires.

History

• Source: Amended at 9 Ill. Reg. 10012, effective October 1, 1985

41 Ill. Adm. Code 160.500 Approval of Plans

a) Drawings or blue prints made to scale shall be submitted in triplicate to the Office of the State Fire Marshal and shall be approved before any new installation, addition or remodeling is undertaken.

b) Drawings shall show the plot of ground to be utilized and its immediate surroundings on all sides; the complete layout of tanks, loading and unloading docks, equipment and buildings; the capacity of each tank; kind of liquid to be stored; type of tank supports; type of construction of each building; and all clearances as provided in Section 160.30, 160.40, 160.250, and 160.290. In addition, the dimensions of any tank with a capacity of more than 50,000 gallons shall be given.

c) Drawings shall show the name of the person, firm or company proposing the installation, the location with respect to city, village or town, and shall name adjacent railroads and streets.

d) Drawings shall designate passenger, freight, passing and side tracks and shall show the clearances between tanks and closest passenger tracks, between tracks at point where tank car will be placed for unloading and nearest passenger tracks; and between unloading dock and closest passenger tracks.

e) Drawings shall be accompanied by an application for approval made out in triplicate on blanks furnished by the State Fire Marshal.

f) Plans will be approved if they meet the requirements of this Part.

History

• Source: Amended at 9 Ill. Reg. 10012, effective October 1, 1985

Part 172 Petroleum Equipment Contractor Licensing

41 Ill. Adm. Code 172.10 Purpose

The Illinois Petroleum Equipment Contractors Licensing Act (PECLA) [225 ILCS 729] is designed to ensure the quality of petroleum or hazardous substance Underground Storage Tank (UST) work in Illinois meets the highest standards, as well as all applicable statutory and regulatory requirements. Meeting those standards and requirements will assure the owners/operators of USTs and the citizens of Illinois that the environment, citizen safety and the owner’s/operator’s businesses are getting the best service and protection possible.

History

• Source: Amended at 47 Ill. Reg. 6755, effective May 2, 2023

41 Ill. Adm. Code 172.20 Three Year Phase-in (repealed)

History

• Source: Repealed at 47 Ill. Reg. 6755, effective May 2, 2023

41 Ill. Adm. Code 172.30 Definitions

Unless otherwise provided by the definitions within this Section, all terms in this Part shall be as defined in 41 Ill. Adm. Code 174.100.

"Certified employee" is an individual who performs UST activity for an OSFM-licensed contractor and has successfully completed and filed proof with OSFM of completion of ICC or other OSFM approved exams for the module in which the employee is conducting UST activity or meets requirements under Section 172.40(b).

"Contractor Notice of Violation" (CNOV) is a notice to an OSFM-licensed contractor identifying specific violations of the UST rules (41 Ill. Adm. Code 172, 174, 175, 176, and 177).

"License restoration" is the process of an OSFM-licensed contractor renewing a license after it has expired.

"Managerial or administrative control" means having authority to conduct the affairs of the organization and direct others in the conduct of the affairs or business of the organization.

"Non-certified employee" means the employee of a licensed contractor who possesses the OSHA training and certification required by Section 172.60 and is working under the supervision of a certified employee.

"Officer" means:

If the organization is a sole proprietorship, the owner of the organization or any person exercising managerial control.

If the organization is a partnership, any partner who has at least 10% ownership interest or any partner who exercises managerial control.

If the organization is a corporation or other business entity, any officer, director or managing member of the corporation or other business entity or any person who has at least 10% ownership interest in such corporation or other business entity or who exercises managerial control.

"Organization" means a business or other entity, including, but not limited to, a sole proprietorship, partnership, corporation, limited liability company or association and includes units of local government, the State of Illinois and the Federal Government.

"PECLA" means Petroleum Equipment Contractor Licensing Act [225 ILCS 729].

"Penalty process" means the process by which a contractor may be issued a civil monetary penalty or other sanctions including, but not limited to, license suspension or license revocation. This process starts with an inspection and the issuance of a CNOV and then can lead to either a citation imposing a civil penalty or a formal hearing seeking a license revocation, suspension, or other action.

"Person" is a natural person or any company, corporation or other business entity.

History

• Source: Amended at 47 Ill. Reg. 6755, effective May 2, 2023

41 Ill. Adm. Code 172.40 Licensure Requirements

a) No person shall engage in any UST activity without first applying for and obtaining a license from the OSFM. All contractors performing UST activity in Illinois must hold the license required under PECLA and this Part for each module in which work is performed and shall be required to meet the standards for that work module established by 41 Ill. Adm. Code 172, 174, 175, 176 and 177 and the requirements of 29 CFR 1910.120. Licensure is for a 2-year period. Applicants for a license to become a contractor must comply with the Petroleum Equipment Contractors Licensing Act [225 ILCS 729] as evidenced by the licensure submissions required by this Section.

b) An application for a new contractor license shall be made on-line at the UST Applications and Forms page for OSFM's Division of Petroleum and Chemical Safety (DPCS) at the following link: https://webapps.sfm.illinois.gov/USTPortal/Contractor/Application. Renewal of licenses shall be applied for at the UST Portal after the licensee logs in to their secure account at the UST Applications and Forms page for DPCS at https://webapps.sfm.illinois.gov/USTPortal/Home/Login?ReturnUrl=%2fUSTPortal. The licensure application shall include the following submissions:

1. If seeking a license as a contractor:

A) the State license application and licensing fee required by Section 172.70;

B) the names of all of the contractor's certified employees, on the OSFM prescribed form, stating any UST module in which the employee is certified. Contractors are required to be certified if a sole proprietor, or have a certified employee, for each UST module for which they are applying to be licensed;

C) an original annual certificate of general liability insurance in a minimum of $1,000,000 for each occurrence, with the OSFM as certified holder;

D) evidence of a passing score on the required OSFM approved exam for the module for which licensure is being sought. The evidence must be an original certification that includes a photo of the individual taking the exam, supplied by the exam provider, or other copy of the certification as approved by OSFM;

E) proof of successful completion of initial 40-hour OSHA training and subsequent 8-hour refresher course; and

F) evidence of current registration and proof of status of good standing with the Illinois Secretary of State, as applicable for the form of business entity applying for licensure, or if a sole proprietor, evidence of compliance with the Assumed Business Name Act [805 ILCS 405].

2. If seeking a license as a tank or line precision tester, in lieu of a passing score on the required OSFM approved exam for the tank or line precision testing module, the certified employee may designate the testing methods for which a license is sought and provide proof that he/she, or any certified employee conducting testing, is certified by the manufacturer of the testing equipment. Such proof shall be submitted at the time of license application and shall reflect certification for the license period and the equipment being used, or that the applicant has passed an OSFM approved exam.

3. If seeking a license in the module that authorizes lining or internal inspections of tank linings, the applicant additionally shall provide proof that the applicant has designated at least one certified employee conducting lining activity, that is approved by the manufacturer of the lining material as qualified and trained in the application of the material and has adequate equipment to perform the interior lining safely. The applicant must also possess licensure in the decommissioning module. The certified employees designated by the applicant shall possess the qualifications required for both the lining and the decommissioning modules. Such proof shall be submitted at the time of license application and reflect certification for the license period and the equipment being used.

4. If seeking a license in the module that authorizes inspection and testing of UST equipment, the applicant shall designate the testing methods for which a license is sought and provide proof that the certified employee has passed the required OSFM-approved exam for the installation/retrofitting module or has the credentials and training as required by the manufacturer's recommended procedures and instructions. The employing licensed contractor may certify the employee has the requisite credentials and training. Such proof shall be submitted at the time of license application and shall reflect certification for the license period and the equipment being inspected or tested.

History

• Source: Amended at 48 Ill. Reg. 12822, effective August 7, 2024

41 Ill. Adm. Code 172.50 Licensed Contractor's Employee Certifications

a) A certified employee is an individual who performs a UST activity for a licensed contractor and has successfully completed OSFM prescribed exams for the module in which the employee is conducting the UST activity, or meets other requirements under Section 172.40(b).

b) A contractor shall have at least one employee certified for the permitted UST activity, unless the contractor itself is an individual contractor who is so certified.

c) A contractor shall have at least one employee certified in the UST activity for which the permit was issued actively supervising the UST activity being performed on the job site, unless the contractor itself is an individual who is so certified and supervises the work. At all times during UST operations, there shall be a certified employee or certified individual contractor on the job site; subcontractors are not employees.

d) Certified employees of licensed contractors shall possess a wallet card or proof of certification verifying successful passage of OSFM approved exams, or for precision testing or inspection and testing of UST equipment, proof of certification by the manufacturer. The wallet card or proof of certification must be carried by the certified employee on UST job sites at all times and shall be available upon request by any OSFM representative.

e) Licensed contractors and any of their employees performing a UST activity shall possess OSHA Identification Cards or proof of certification, described in Section 172.60, on UST job sites at all times that shall be made available upon request by any OSFM representative.

f) Licensed contractors in all UST activity modules are required to follow the scheduling requirements for date certain and/or time certain schedules established by DPCS. For all permitted inspections, scheduling with OSFM shall be done in advance by the contractor on-line via the UST contractor portal, located at the UST Applications and Forms page for the DPCS at https://webapps.sfm.illinois.gov/USTPortal/Home/Login?ReturnUrl=%2FUSTPortal. Submission of any completed testing forms required by OSFM rule shall also be submitted on-line at the UST portal.

g) UST activities may be shut down by any OSFM DPCS manager, supervisor, or Storage Tank Safety Specialist (STSS) if individual contractors or their employees are not in compliance with subsections (a) through (f). Such work shall not resume until approval is granted by the OSFM.

History

• Source: Amended at 48 Ill. Reg. 12822, effective August 7, 2024

41 Ill. Adm. Code 172.60 Possession of Osha Identification Cards

a) Licensed contractors, their certified employees and non-certified workers working in a UST activity, and subcontract excavation operators (involved in UST related operations) shall possess, on UST jobsites at all times, 40-hour General Site Worker Program Identification Cards and any valid Refresher Cards that comply with OSHA standards. Cards shall be produced upon request by any OSFM DPCS manager, supervisor, or STSS. The card requirement is applicable only to UST installations, upgrades, repairs, lining, removals, abandonments-in-place and physical interior inspections. All workers in the UST excavation zone shall carry both the 8 hour and 40 hour OSHA cards or certificates or other proof of certification. If a person is unable to produce proof of both cards, that person will be required to leave the excavation zone immediately.

b) Electricians, truck drivers, concrete masons, canopy erectors, crane operators, or underground tank manufacturers or their authorized representatives working in activities that involve their area of specialty only are not required to have the Site Worker Program Identification Card but must comply with the standards established by the OSHA General Site Worker Program (29 CFR 1910.120, incorporated by reference in Section 174.210).

c) When permitted UST activity is being conducted, compliance with the OSHA standards will be accomplished by direct (line of sight) supervision by the permit holding licensed contractor or the contractor's certified employee for those people entering the work area.

d) UST activities may be shut down by any OSFM DPCS manager, supervisor, or STSS, if individual contractors or their employees are not in compliance with this Section. Such work shall not resume until approval is granted by the OSFM.

History

• Source: Amended at 47 Ill. Reg. 6755, effective May 2, 2023

41 Ill. Adm. Code 172.70 Fees

a) All fees are payable at the time of submission of the relevant application. The payment is to be by check or money order payable to "Office of the State Fire Marshal", or by electronic payment via the UST contractor portal (located at the UST Applications and Forms page for the DPCS at http://webapps.sfm.illinois.gov/USTPortal/Home/Login?Returnurl=%2fUSTPortal, and is to be from the licensed contractor obtaining the permit. New contractors applying for a license for the first time shall utilize the application for a new contractor license, located at the DPCS UST Applications and Forms page at https://webapps.sfm.illinois.gov/USTPortal/Contractor/Application. All licensure fees will be deposited in the Fire Prevention Fund.

b) Fee Schedule:

Type of Fee:

Fee:

Biennial licensing

$1000 per UST module

UST activity permit

$200 each

License restoration

$50 plus $1000 per module

Multiple location license

$50 each location

Change of name if no FEIN change

$0

Change of name with new FEIN or ownership (new license)

$1,000 per UST module

c) All fees paid pursuant to this Part are non-refundable. This shall not preclude the OSFM from refunding accidental overpayment of fees.

History

• Source: Amended at 47 Ill. Reg. 6755, effective May 2, 2023

41 Ill. Adm. Code 172.80 Licensure of Out-of-State Contractors (repealed)

History

• Source: Repealed at 47 Ill. Reg. 6755, effective May 2, 2023

41 Ill. Adm. Code 172.90 Issuance of License; Renewal; Restoration; Replacement

a) The OSFM shall, upon the applicant’s satisfactory completion of the requirements of this Part, and upon receipt of the fees required by Section 172.70, issue the appropriate license showing the name and business location of the licensee, the module for which the applicant is being licensed, and the date of issuance and of expiration. Each licensee shall prominently display the license at each place from which the UST activity is being performed.

b) Each licensee may apply for biennial renewal of the relevant license upon completion of the license renewal application demonstrating compliance with the licensing requirements in this Part and payment of the fee set forth in Section 172.70. Renewal and restoration fees shall be waived for persons who did not renew while on active duty in the military and who file for renewal or restoration within one year after discharge from the service. An expired license may not be restored except upon passing an examination to determine fitness to have the license restored and by paying the restoration fee specified in Section 172.70.

c) All licenses will be issued for a two-year period. The OSFM shall notify license holders in writing 2 months in advance of their license expiration date at the UST contractor portal (available at the website cited in Section 172.40(b)). However, failure of a licensee to receive advance notification from OSFM does not relieve the licensee from responsibility for timely license renewal.

d) If a licensee wishes to change the name appearing on the license, the OSFM shall issue licenses in the new name, upon satisfactory proof that the change of name was done in accordance with law and upon payment of the fee established in Section 172.70. Any change in ownership or Federal Employer Identification Number (FEIN) requires a new license application and payment of the license fee.

History

• Source: Amended at 47 Ill. Reg. 6755, effective May 2, 2023

41 Ill. Adm. Code 172.100 Reporting

a) As a condition of renewal of a license, the OSFM may require the licensee to report information pertaining to the licensee's practice (e.g., history of CNOVs in last 2 years, verification of work with firms, history of OSHA violations, etc.) that the OSFM determines to be in the interest of public safety.

b) A licensee shall report a change in home or office address and UST employee status within 10 days after the change.

c) Licensees shall submit notification at the UST contractor portal cited in Section 172.40(b) of:

1. Termination of employment of a certified employee;

2. Re-certification to perform a UST module by an employee;

3. Certification to perform a UST module by an employee not previously certified or not previously certified to perform that module; or

4. Any other change to the contractor's qualifications for, or authorizations provided by, the contractors OSFM-issued license, including which module the contractor or certified employee is authorized to perform UST activity under.

d) These notifications shall be submitted to the OSFM within 30 days after the occurrence.

History

• Source: Amended at 47 Ill. Reg. 6755, effective May 2, 2023

41 Ill. Adm. Code 172.110 Disciplinary Actions Related to Contractor Notice of Violations (cnov)

Disciplinary actions and administrative citations result from the issuance of a CNOV. The CNOV is issued by an STSS and copies are provided to the licensed contractor. CNOVs result from violations in one or both of two categories:

a) Administrative or quality control violations are minor when taken individually, but have a major impact when recurring within the preceding 12 months.

1. Administrative violations include, but are not limited to, a failure to abide by the regulatory requirements found at 41 Ill. Adm. Code 172, 174, 175, 176, and 177 in regards to permitting, scheduling, licensing, technical oversight, or submission of documentation. Examples include:

A) the failure to have an active permit authorizing the specific permitted activity, or other violations of permit conditions, terms, or permitting requirements;

B) the failure to be ready for a date certain/time certain activity or final inspection, or other violations of scheduling requirements;

C) the failure to have an employee certified in the specific required module on site actively supervising the work, or other violations of licensing requirements or related administrative requirements;

D) the failure to submit a completed OSFM like-for-like replacement form following a like-for-like replacement, the failure to submit a completed OSFM test results form where required, or other violations of requirements for submission of completed OSFM forms by the licensed contractor; and

E) the failure to comply with any OSFM rule governing the work being done by a licensed contractor.

2. Quality control violations include, but are not limited to, a failure to abide by the technical requirements found at 41 Ill. Adm. Code 174, 175, 176, and 177 for a UST design, construction, installation, repair, upgrade, inspection, removal or abandonment in place. Examples include:

A) The failure to comply with motor fuel dispensing facility requirements for a UST system. Examples include: a failure to install a sufficient number of E-stops or the failure to install E-stops within the correct distances.

B) The failure to comply with requirements for UST design, installation and construction. Examples include:

i) a failure to have pipe trenches wide enough or deep enough or sloped to tanks properly, or to have pipes spaced properly;

ii) a failure to test the UST tank prior to installation, or other violations of requirements for construction and installation of a UST;

iii) the failure to use appropriate backfill material for UST installation; or

iv) the failure to have electrical equipment installed in accordance with NFPA 70.

C) The failure to comply with requirements for corrosion protection for a UST system. Examples include: a licensed contractor's failure to di-electrically protect all steel risers, vents, and fill pipes in contact with the ground, backfill, or water.

D) The failure to comply with requirements for release detection for a UST system. Examples include: a failure to have a release detection system installed and calibrated according to manufacturer specifications and instructions.

E) The failure to comply with requirements for repairs for a UST system or defective UST equipment. Examples include: a failure to repair or replace system components using correct equipment or materials or to conduct repairs in accordance with manufacturers recommended procedures and specifications.

F) The failure to comply with requirements for permanent closure for a UST system, including removal, abandonment-in-place and change in service.

G) The failure to comply with compliance certification requirements for a UST. Examples include the removal of a red tag by any licensed contractor to fill a UST for testing or other reasons.

H) The failure to comply with containment requirements. Examples include a failure to install required containment under dispensers or perform testing on containment prior to backfilling.

I) The failure to comply with requirements for piping, venting, and pumps. Examples include installation of vents and pipes at unapproved locations.

J) The failure to comply with an applicable technical code or any OSFM administrative rule governing the work being done by a licensed contractor.

b) Safety violations pose a potential or imminent grave danger to the environment and the health and safety of the citizens of Illinois and are of such a grave nature as to result in the immediate shut-down of the job site, issuance of an administrative citation and possible suspension of contractor activity in any or all OSFM-licensure modules. OSFM may also consider property damage or personal injury caused by a violation of regulatory requirements, found at 41 Ill. Adm. Code 174, 175, and 176, in categorizing a violation as being a safety violation. Examples include the following:

1. Licensed contractor failed to provide excavation sloping, benching, stepping, or shoring sides or to abide by 29 CFR 1926.

2. Licensed contractor failed to have sufficient equipment, for example, with sufficient lifting capacity for the intended UST activity.

3. Licensed contractor failed to maintain the required exclusion zone while working on the UST system.

4. Licensed contractor failed to comply with UST tank entry procedures outlined in API 2015.

5. Licensed contractor failed to follow API 1604, including the failure to remove all petroleum or hazardous substance from the tank or connecting lines prior to the removal or abandonment-in-place process.

6. Licensed contractor failed to install anchoring and the tank or tanks floated.

7. Licensed contractor failed to vapor free in accordance with API 1631.

8. The licensed contractor excavated along the side or end of a tank prior to vapor freeing or inerting the tank itself, or without having STSS on site.

9. The licensed contractor did not use explosion-proof pumps to remove liquids from the tank or tanks prior to a UST removal, abandonment-in-place or lining inspection process.

10. The failure to comply with any OSFM administrative rule, causing the work being done by a licensed contractor to jeopardize public health or safety.

c) The failure to comply with the Act or this Part by any licensee may subject the licensee to administrative action, including, but not limited to, suspension, revocation or refusal to issue or renew a license and the assessment of fines.

History

• Source: Amended at 47 Ill. Reg. 6755, effective May 2, 2023

41 Ill. Adm. Code 172.120 Contractor Notice of Violation Citations and Penalty Process

Pursuant to Section 172.110, violations may be categorized as administrative, quality control, or safety. Penalties will be applied to CNOVs based on the following criteria:

a) All CNOVs will remain in the licensed contractor’s file. The penalty process will be based on active CNOVs. Active CNOVs for purposes of the penalty process will be those that occurred in the 12 months prior to the date of CNOV issuance. Only those CNOVs issued after May 2, 2023 can be considered active for purposes of this Section.

b) Penalty assessment for CNOVs will be calculated utilizing the following method:

1. Licensed contractors may receive CNOVs for three administrative or quality control violations that occurred in the 12 months prior to the date of CNOV issuance without incurring a fine. Upon receipt of a CNOV for a fourth or subsequent administrative or quality control violation within the 12 months prior to the date of CNOV issuance, DPCS shall issue an administrative citation imposing a civil fine under the following penalty structure:

Fourth violation:

$250

Fifth violation:

$500

Sixth violation:

$750

Seventh violation:

$1,000

Eighth and each subsequent administrative or quality control violation:

$1,250

2. Upon receipt of a CNOV for a safety violation, DPCS may issue an administrative citation imposing a civil fine under the following penalty structure:

First violation with no property damage or no personal injury:

$1,000

First violation with property damage but no personal injury:

$2,500

First violation with personal injury:

$5,000 and a review for a possible license suspension or revocation in any or all modules held by the licensee.

Second and each subsequent safety violation:

all penalties double and a review for a possible license suspension or revocation in any or all modules held by the licensee.

History

• Source: Amended at 47 Ill. Reg. 6755, effective May 2, 2023

41 Ill. Adm. Code 172.130 Review Panel (repealed)

History

• Source: Repealed at 47 Ill. Reg. 6755, effective May 2, 2023

41 Ill. Adm. Code 172.140 Procedures for Administrative Citations and Administrative Citation Appeals

Except as otherwise may be required under the Illinois Administrative Procedures Act [5 ILCS 100], this Section provides the procedures for administrative citations and administrative citation appeals under Section 73 of the Petroleum Equipment Contractors Licensing Act [225 ILCS 729/73].

a) Enforcement action that results in the issuance of an administrative citation shall begin with the issuance of a CNOV by OSFM. A copy of the CNOV shall be left with any licensed contractor's certified employee, officer, managing member, or other agent of the contractor at the UST facility or other location where the contractor is working at the time of inspection or may be mailed or served by other legal process.

b) Issuance of an Administrative Citation

1. The OSFM may issue an administrative citation pursuant to Section 73 of the Petroleum Equipment Contractors Licensing Act [225 ILCS 729/73] and serve the administrative citation by personal service or certified mail to the licensee at the licensee's last known address as listed with the OSFM. The citation shall be issued to the licensee and shall contain the licensee's name and address, the licensee's license number, a brief factual statement, the Sections of the law or rules allegedly violated, and the penalty imposed in accordance with Section 172.120. The citation must clearly state that the licensee may choose, in lieu of accepting the citation, to request a hearing to appeal the citation. If the licensee does not file a written appeal of the citation with the Office of the State Fire Marshal within 15 days after the citation is served, then the citation shall become a final order imposing a monetary penalty. A written appeal will be deemed to be timely if it is postmarked no later than the time period allowed. Failure to timely satisfy the penalty assessed may result in a censure or suspension or other disciplinary action on the license for the violations noted. (See also 225 ILCS 729/80(a)(3))

2. Payment of the administrative citation penalty does not absolve the outstanding violations related to its licensing or other regulatory obligations. Administrative citations and penalties issued under this Section shall not limit the authority of the OSFM under other sections of law to issue orders, revoke permits, stop work on construction, or take any other appropriate enforcement action.

c) In the event of a timely written appeal, the OSFM shall conduct an administrative hearing governed by this Section and the Illinois Administrative Procedure Act [5 ILCS 100]. Notice of the time and place for any hearing shall be given to any party concerned at least 30 days prior to the hearing date. If an attorney, through written communication, is known to represent any party to a hearing, then notice is to be given to that attorney. A corporation, limited liability company, professional limited liability company, or partnership must appear by legal counsel, licensed to practice in the State of Illinois or appearing pro hac vice, who must file an appearance with the OSFM. Notice sent to the last known address by U.S. Mail, registered or certified, addressed to all parties or their agents appointed to receive service of process, or their attorneys when applicable, is sufficient.

1. The notice of hearing shall include the following:

A) The date, time, place and nature of the hearing.

B) A statement of the legal authority and jurisdiction under which the hearing is to be held.

C) A reference to the particular Sections of the substantive and procedural statutes and rules involved.

D) A short and plain statement of the matters asserted, the consequences of a failure to respond, and the case number or file number.

E) To the extent such information is available, the names, phone numbers, email addresses, and mailing addresses of the parties and designated agency contact, and if known, of any assigned hearing officer.

2. Document Exchange. At any pre-hearing conference, or if none, prior to the start of the hearing, the parties shall exchange a list of those witnesses who may testify at hearing and any exhibits or documents that may be identified at hearing.

3. Continuances. A hearing officer may, for good cause, grant a continuance at the request of a party or a continuance on the hearing officer's own motion.

4. Default. Failure of a party to appear on the date set for hearing or failure to proceed as ordered by the OSFM shall constitute a default and the administrative citation appealed from shall become final. Appeals, petitions, motions or other requests for relief that are not prosecuted diligently may be dismissed for want of prosecution.

5. At the close of the evidence, or upon receiving the recommended decision of the hearing officer with findings of fact and conclusions of law, the OSFM shall enter an order to sustain, modify, or revoke the administrative citation. Any appeal from such OSFM final order shall be to the circuit court of the county in which the violation took place and shall be governed by the Administrative Review Law [735 ILCS 5/Art. III] [225 ILCS 729/73(a)].

6. Nothing in this Section shall prohibit the informal disposition of an administrative citation by stipulation, agreed settlement, or consent order. Informal disposition may proceed with clear and simple documentation without complete adherence to this Section.

History

• Source: Amended at 47 Ill. Reg. 6755, effective May 2, 2023

41 Ill. Adm. Code 172.150 Status of Licensed Contractor During Appeal of Administrative Citation

During the time an administrative citation is under appeal, the licensed contractor may continue to work in Illinois unless, in the opinion of the OSFM, continued work by this contractor poses a significant threat to the environment or the health and safety of citizens of Illinois.

History

• Source: Amended at 47 Ill. Reg. 6755, effective May 2, 2023

41 Ill. Adm. Code 172.160 Hearing Procedures for Formal Charges

a) The procedures of this Section shall govern any appeal of formal charges seeking to impose disciplinary action under Section 80(a) of the Petroleum Equipment Contractors Licensing Act [225 ILCS 729/80(a)].

b) Each licensee whose conduct is the subject of a formal charge that seeks to impose disciplinary action against the licensee shall be served notice of the formal charge at least 30 calendar days before the date of the hearing. The hearing shall be presided over by a hearing officer authorized by the OSFM in compliance with the Illinois Administrative Procedure Act. Service shall be considered to have been given if the notice was personally received by the licensee or if the notice was mailed certified, return receipt requested, to the licensee at the licensee’s last known address as listed with the OSFM.

c) The notice of a formal charge shall consist, at a minimum, of the following information:

1. The time, place, and date of the hearing.

2. A statement that the licensee shall appear personally at the hearing and may be represented by counsel.

3. A statement that the licensee has the right to produce witnesses and evidence and the right to cross-examine witnesses and object to evidence.

4. A statement that the hearing can result in disciplinary action being taken against the license.

5. A statement of where the individual can procure the rules for the conduct of these hearings.

6. A statement that the hearing officer authorized by the OSFM will preside at the hearing and, following the conclusion of the hearing, shall make findings of fact, conclusions of law and recommendations, separately stated, to the State Fire Marshal as to what disciplinary action, if any, should be imposed on the licensee.

7. The OSFM may continue the hearing.

d) The hearing officer shall conduct the hearing. After the conclusion of a hearing, the hearing officer shall make findings of fact, conclusions of law and recommendations, separately stated, and submit them to the State Fire Marshal and to all parties to the proceeding. Submission to the licensee shall be considered as having been made, if accomplished in a similar fashion as service of the notice of formal charges (see subsection (c)). Within 20 days after such service, any party to the proceeding may present to the State Fire Marshal a motion, in writing, for a rehearing that specifies the grounds for rehearing.

e) Following the time allowed for filing a motion for rehearing, the State Fire Marshal shall review the hearing officer’s findings of fact, conclusions of law, recommendations and any motion for rehearing. After reviewing this information, the State Fire Marshal may hear oral arguments, prior to issuing an order. The report of findings of fact, conclusions of law and recommendations of the hearing officer shall be the basis for the State Fire Marshal’s order, in which the State Fire Marshal may accept or reject the recommendations of the hearing officer.

f) If the State Fire Marshal finds that substantial justice was not done, he or she may issue an order in contravention to the findings of fact, conclusions of law, and recommendations of the hearing officer. The finding is not admissible in evidence against the person in a criminal prosecution brought for violation of this Act or this Part. [225 ILCS 729/75(e)]

g) The execution of a written Order of the State Fire Marshal will become effective immediately and will constitute a final administrative decision subject to the Administrative Review Law [735 ILCS 5].

History

• Source: Amended at 47 Ill. Reg. 6755, effective May 2, 2023

41 Ill. Adm. Code 172.APPENDIX A Contractor Violations (repealed)

History

• Source: Repealed at 47 Ill. Reg. 6755, effective May 2, 2023

Part 174 General Requirements for Underground Storage Tanks and the Storage, Transportation, Sale and Use of Petroleum and Other Regulated Substances

41 Ill. Adm. Code 174.100 Definitions

The following definitions shall apply to 41 Ill. Adm. Code 172, 174, 175, 176 and 177 concerning underground storage tanks and tank systems and the storage, transportation, sale and use of petroleum and other regulated substances.

"Abandonment-in-place" is the permanent placement of a UST in an inoperative condition by filling it with inert material in accordance with 41 Ill. Adm. Code 175.840.

"Airport Hydrant Fuel Distribution System" or "Airport Hydrant System" means a UST system that fuels aircraft and operates under high pressure with large diameter piping that typically terminates into one or more hydrants (fill stands). An airport hydrant system may have one or more of the following connected together: aboveground tanks, underground tanks, underground piping, field constructed tanks, or factory constructed tanks. The airport hydrant system begins where fuel enters one or more tanks from an external source such as a pipeline, barge, rail car, or other motor fuel carrier.

"Air Test" or "Air Tested" means a type of integrity test used to demonstrate tightness in a UST or associated piping at installations and upgrades. An air test can only be used when all sides of the tank and/or piping being tested are visible. Test procedures will be performed in accordance with manufacturer's specifications or PEI/RP 100 Recommended Practices for Installation of Underground Liquid Storage Systems, incorporated by reference in Section 174.210.

"American Suction" is any suction system other than European.

"Ancillary Equipment" means any devices including, but not limited to, piping, fittings, flanges, valves, pumps, dispensers, line leak detection equipment, automatic tank gauge (ATG) probes, interstitial tank sensors, sump sensors, flex connectors, and automatic overfill prevention devices used to distribute, meter or control the flow of regulated substances to and from a UST.

"ANSI" means American National Standards Institute.

"API" means American Petroleum Institute.

"ASTM" means American Society for Testing and Materials.

"Attendant" means the owner or any person who is employed by an owner of a motor fuel dispensing facility to dispense motor fuel at that facility.

"Blended Fuel" means gasoline containing greater than 10% ethanol and petroleum diesel containing greater than 20% biodiesel.

"Building" means any three dimensional space that is enclosed by a roof and walls where more than 50% of the possible area of the perimeter walls (sides) of the space is covered and not open to the outside.

"Bulk Storage" means the containment in a UST of a regulated substance for purposes of the bulk transfer or bulk transport of regulated substances and not for retail sale to the public.

"Bunker Tank" means a commercial heating oil or emergency power generator tank situated below grade, in a basement, on a floor, and enclosed in a masonry wall structure, with the tank completely or partially covered by sand, or otherwise not fully accessible to inspection.

"Cathodic Protection" is a technique to prevent corrosion of a metal surface by making that surface the cathode of an electrochemical cell. For example, a tank system can be cathodically protected through the application of either galvanic anodes or impressed current.

"Certification Audit Inspection" or "Operational Maintenance Inspection" or "OMI" or "Certification Audit" means an inspection performed by an STSS to establish a facility's regulatory compliance.

"Class I Liquids" – See Flammable Liquids.

"Class II and III Liquids" – See Combustible Liquids.

"Combustible Liquids" are defined in NFPA 30 as Class II, IIIa and IIIb liquids.

"Compatible" means the ability of two or more substances to maintain their respective physical and chemical properties upon contact with one another for the design life of the tank system under conditions likely to be encountered in the UST.

"Containment Sump" means a factory manufactured liquid-tight container that protects the environment by containing leaks and spills of regulated substances at the tank fill or from piping, dispensers, pumps and related components in the containment area. Containment sumps may be single-walled or secondarily contained and located at the top of the tank (tank top or submersible turbine pump), underneath the dispenser (under-dispenser containment sump), or at other points in the piping run (transition or intermediate sump). Containment sumps must be compatible with the substance conveyed by the piping and allow for visual inspection and access to the components.

"Contractor" or "Licensed Contractor" or "OSFM-Licensed Contractor" or "Petroleum Equipment Contractor" is a person licensed under the Petroleum Equipment Contractor's Licensing Act [225 ILCS 729], excluding employees of the contractor, who performs any UST activity for an owner or operator.

"Corrosion Expert" is a person who, by reason of thorough knowledge of the physical sciences and the principles of engineering and mathematics acquired by a professional education and related practical experience, is qualified to engage in the practice of corrosion control on buried or submerged metal piping systems and metal tanks. This person shall be accredited as being qualified by the National Association of Corrosion Engineers (NACE) or be an Illinois Licensed Professional Engineer who has certification or licensing that includes education and experience in corrosion control of buried or submerged metal piping systems and metal tanks.

"Days" means calendar days unless otherwise stated.

"Decommission" or "Decommissioning" means to permanently close the UST by removal or abandonment-in-place pursuant to 41 Ill. Adm. Code 175.830 and 175.840, and using a contractor that is OSFM-licensed in the decommissioning module pursuant to 41 Ill. Adm. Code 172.

"Dielectric Material" is a material that does not conduct direct electric current. Dielectric coatings are used to electrically isolate USTs from the surrounding soil. Dielectric bushings are used to electrically isolate portions of the UST (i.e., tank from piping).

"Dispenser" means equipment located above ground that dispenses regulated substances from the UST system.

"Dispenser System" means the dispenser and the equipment necessary to connect the dispenser to the underground storage tank system.

"Dispensing" means the transfer of a regulated substance from a UST directly into the fuel tank of a motor vehicle operated by an internal combustion engine, for use by that motor vehicle. Also, "dispensing" is the transfer of a regulated substance from a UST directly into a portable container, safety can or portable fuel tank.

"Double-walled", in reference to underground storage tank systems, is a factory certified container consisting of an inner wall and an outer wall with an interstitial space between the inner wall and outer wall suitable for interstitial monitoring, and is designed, constructed and installed to:

contain regulated substances released from the tank system until they are detected and removed;

prevent the release of regulated substances to the environment at any time during the operational life of the UST; and

be checked at least every 30 days.

A field-installed liner or insert does not qualify as double-walled.

"DPCS" means the Division of Petroleum and Chemical Safety of the Office of the State Fire Marshal.

"Dual Purpose UST" or "Multi-purpose UST" is an underground storage tank system in compliance with the requirements of Sections 174.310 and 174.320 and 41 Ill. Adm. Code 160, 172, 174, 175, 176, 177 and 180 and is connected to one or more dispensers and a bulk load-out at the same time.

"Emergency Stop" or "Emergency Shutoff Switch" or "E-stop" means a device or switch that, when activated, will disconnect power to all dispensing devices, to all remote pumps serving the dispensing devices, to all associated power, control and signal circuits, and to other electrical equipment in the hazardous (classified) locations surrounding the fuel dispensing devices, but not including intrinsically safe electrical equipment.

"European Suction" is a piping system that draws a liquid through the system by suction pump or vacuum pump located at the dispenser. To qualify as European suction, the system shall meet the requirements set forth in 40 CFR 280.41(b)(1)(ii)(A) through (E) and 41 Ill. Adm. Code 175.640(b)(2)(A) through (E).

"Excavation Zone" is the cubic area containing the tank system and backfill material, bounded by the ground surface, walls and floor of the pit and trenches into which the UST is placed at the time of installation, upgrade, tank entry, or decommissioning.

"Exclusion Zone" means an area where entry is forbidden without possession of the cards required under 41 Ill. Adm. Code 172.60 and is typically marked using a fence or caution tape.

"Farm" or "Agricultural Site" is a tract of land devoted to the production of crops or raising of animals, including fish. "Farm" includes all contiguous land and structures and other appurtenances and improvements; also, fish hatcheries, rangeland and nurseries with growing operations. "Farm" does not include agribusiness (as defined in 20 ILCS 3501/801-10(z)), laboratories where animals are raised, land used to grow timber, and pesticide aviation operations. Moreover, this definition does not include retail stores or garden centers where nursery farm products are marketed, but not grown.

"Farm Tank" means a motor fuel UST located on a farm and used exclusively for farm purposes.

"Field-Constructed Tank" means a tank constructed in the field. For example, a tank constructed of concrete that is poured in the field, or a steel or fiberglass tank primarily fabricated in the field, is considered field-constructed.

"Flammable Liquids" are defined in NFPA 30, and are divided into Class Ia, Ib and Ic liquids.

"Flow-through Process Tank" is a tank that forms an integral part of a production process through which there is a steady, variable, recurring or intermittent flow of materials during the operation of the process. Flow-through process tanks do not include tanks used for the storage of materials prior to their introduction to the process or for the storage of finished products or by-products from the production process. When the process is shut down, flow-through process tanks do not store product to be used once the process is resumed and may contain no more than a de minimis amount of product.

"Gathering Lines" are any pipeline, equipment, facility or building used in the transportation of oil or gas during oil or gas production or gathering operations.

"Green Decal" means the evidence of compliance status that is issued to a UST facility determined by OSFM to be in compliance following a certification audit inspection in accordance with 41 Ill. Adm. Code 177.

"Hazardous Substance" means any substance defined in section 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (42 U.S.C. 9601(14)), but does not include any substance regulated as a hazardous waste under subtitle C of the Resource Conservation and Recovery Act of 1976 (RCRA) (42 U.S.C. 6901 et seq.) or any mixture of those substances and petroleum.

"Hazardous Substance UST" means an underground storage tank system that contains a hazardous substance or any mixture of those substances and petroleum and that is not a petroleum UST.

"Hearing Officer" means the presiding official designated by the OSFM to conduct a hearing and preside over pre-hearing and post-hearing matters in a contested case.

"Heating Oil" means petroleum that is No. 1, No. 2, No. 4-light, No. 4-heavy, No. 5-light, No. 5-heavy or No. 6 technical grades of fuel oil; other residual fuel oils (including Navy Special Fuel Oil and Bunker C) and other fuels when used as substitutes for one of these fuel oils. Heating oil is typically used in the operation of heating equipment, boilers or furnaces.

"Heating Oil Tank for Consumptive Use on the Premises Where Stored" means heating oil consumed exclusively on the same or contiguous property where the heating oil UST is located, for heating purposes. Thus, centralized heating units using heating oil that serve more than one building on the same property are included. It does not include using heating oil to heat from a boiler or furnace, through direct conductivity, any product or substance used in a manufacturing or production process or using heating oil as an ingredient in a manufacturing or production process. Heating oil used to heat grain dryers or kilns is used for consumptive use on the premises.

"Hot Work" means operations or work on a UST capable of providing a source of ignition, such as drilling, welding, cutting, burning or heating.

"Hydraulic Lift Tank" means a tank holding hydraulic fluid for a closed loop mechanical system that uses compressed air or hydraulic fluid to operate lifts, elevators or other similar devices.

"ICC" means International Code Council.

"IEMA" means the Illinois Emergency Management Agency.

"Interior Lining" or "Internal Lining" means corrosion and chemical resistant materials that are sprayed, brushed or applied to the inside of a tank to protect the tank and its product from contamination by corrosion or to ensure that the inside of the tank is compatible with the product stored. Interior lining is applied by a contractor licensed by OSFM in both the lining and decommissioning modules.

"Interstitial Monitoring" is a release detection method used to determine the presence of a regulated substance between the inner and outer barriers of a double-walled or secondary containment system of an underground tank and/or piping system and is designed, constructed and installed to detect a leak from any portion of the tank or piping that routinely contains product and meets any other applicable requirements of 41 Ill. Adm. Code 175.630(f) and 40 CFR 280.43(g).

"Intrinsically Safe Electrical Equipment" means equipment and wiring that is incapable of releasing sufficient electrical or thermal energy under normal or abnormal conditions to cause ignition of a specific hazardous atmospheric mixture in its most easily ignited concentration.

"Kerosene" is a refined petroleum distillate consisting of a homogeneous mixture of hydrocarbons essentially free of water, inorganic, acidic or basic compounds, and excessive amounts of particulate contaminants. Two classifications exist as follows:

No. 1-K (also known as "K-1") – A special low-sulfur grade kerosene suitable for use in non-flue connected kerosene burner appliances and for use in wick-fed illuminating lamps; and

No. 2-K (also known as "K-2") – A regular grade kerosene suitable for use only in flue connected burner appliances and for use in wick-fed illuminating lamps.

"Liquid Traps or Associated Gathering Lines Directly Related to Oil or Gas Production or Gathering Operations" refers to sumps, well cellars or other traps, used in association with oil or gas production, gathering or extraction operations (including gas production plants), for the purpose of collecting oil, water or other liquids. Liquid traps may temporarily collect liquids for subsequent disposition or reinjection into a production or pipeline stream or may collect and separate liquids from a gas stream.

"Liquefied Petroleum Gas" or "LP Gas" means any material which is composed predominately of any of the following hydrocarbons or mixtures of the same: propane, propylene, butanes (normal butane and iso-butane) and butylenes. [430 ILCS 10/2].

"Listed" or "Third Party Listed" means equipment, materials or services included in a list specifying the intended use and that has been published by a third party organization that:

is acceptable to OSFM and concerned with evaluation of products or services;

maintains periodic inspection of production of listed equipment or materials or periodic evaluation of services; and

for each listing states that either the equipment, material or service meets appropriate designated standards or has been tested and found suitable for its intended use.

"Maintenance" means normal operational upkeep to prevent a UST from releasing product.

"Module" is a type of OSFM licensure and includes the following types of UST activity:

Installation/retrofitting of USTs;

Decommissioning of USTs;

Inspection and lining of USTs;

Precision testing;

Inspection and testing of UST equipment; and

Cathodic protection.

"Motor Fuel" means a complex blend of hydrocarbons typically used in the operation of a motor engine, such as motor gasoline, aviation gasoline, No. 1 or No. 2 diesel fuel, or any blend containing one or more of these substances (for example, motor gasoline blended with alcohol).

"Motor Fuel Dispensing Facility" means that portion of a property where motor fuels are stored and dispensed from a UST, using fixed equipment, into the fuel tanks of motor vehicles or marine craft, or into approved containers, including all equipment used in connection with that storage and dispensing. The term "motor fuel dispensing facility" includes the locations of emergency stops and fueling observation points, and all buildings involved with dispensing activities. Motor fuel dispensing facilities may take the following forms:

"Attended Self-Service Motor Fuel Dispensing Facility" means a motor fuel dispensing facility that has an attendant or employee on duty whenever the facility is open for business. The attendant or employee on duty does not typically dispense motor fuels into fuel tanks or containers. The customer or vehicle operator usually conducts the dispensing.

"Fleet Vehicle Motor Fuel Dispensing Facility" means a motor fuel dispensing facility at a commercial, industrial, governmental or manufacturing property where motor fuels are not sold to the public but are dispensed into the fuel tanks of motor vehicles that are used in connection with the business or operation of that property by persons within the employ of the business or operation.

"Full-Service Motor Fuel Dispensing Facility" means a motor fuel dispensing facility that has one or more attendants or supervisors on duty to dispense motor fuels into fuel tanks or containers whenever the facility is open for business. All dispensing at a full-service motor fuel dispensing facility is conducted by an attendant and no dispensing is conducted by customers.

"Marine Motor Fuel Dispensing Facility" means a motor fuel dispensing facility at or adjacent to shore, a pier, a wharf, or a floating dock where motor fuels are dispensed into the fuel tanks of marine craft.

"Motor Fuel Dispensing Facility Located Inside a Building" means that portion of a motor fuel dispensing facility having obtained written permission by OSFM to be located within the perimeter of a building or building structure that also contains other occupancies. The term also includes detached buildings separated by at least 20 feet from other buildings and used exclusively for dispensing of motor fuels in compliance with NFPA 30A, incorporated by reference in Section 174.210.

"Unattended Self-Service Motor Fuel Dispensing Facility" means a motor fuel dispensing facility that has no attendant or employee on duty. The customer or vehicle operator conducts the dispensing operation. This includes coin, currency, membership card and credit card dispensing operations.

"Motor fuel dispensing permit" or "dispensing permit" refers to the requirements for, and the process of obtaining, permits required by 41 Ill. Adm. Code 175.200.

"NACE" means National Association of Corrosion Engineers.

"NFPA" means National Fire Protection Association.

"NLPA" means National Leak Prevention Association.

"Noncommercial Purposes", with respect to motor fuel, means not for resale.

"NOV" means a notice of violation issued by OSFM.

"NWGLDE" means National Work Group on Leak Detector Evaluations.

"Operation" or "Use" in reference to underground storage tanks means that the tank must have had input or output of petroleum, petroleum products, or hazardous substances, with the exception of hazardous wastes, during the regular course of its usage. "Operation" does not include compliance with leak detection requirements as prescribed by rules and regulations of the Office of the State Fire Marshal or the mere containment or storage of petroleum, petroleum products, or hazardous substances, with the exception of hazardous wastes. [430 ILCS 15/4(b)(1)(D)]

"Operator" means any person in control of, or having responsibility for, the daily operation of the UST.

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

"OSFM Rules", unless otherwise specified, means the rules of OSFM located at 41 Ill. Adm. Code 160, 172, 174, 175, 176, 177 and 180.

"OSHA" means the federal Occupational Safety and Health Administration.

"OSI" or "Operational Safety Inspection" means an inspection of installation, removal, abandonment-in-place or any tank entry or other activity requiring an STSS on site.

"Owner" means:

In the case of a UST in use on November 8, 1984, or brought into use after that date, any person who owns a UST used for storage, use or dispensing of regulated substances; and

In the case of any UST in use before November 8, 1984, but no longer in use on that date, any person who owned the UST immediately before the discontinuation of its use.

"Owner of Motor Fuel Dispensing Facility" means any individuals or legal entity holding title, lease, license or any interest in a motor fuel dispensing facility. The legal name, residence, address and county of any individuals who are owners shall be filed with OSFM.

"PAI" or "Performance Assurance Inspection" means an inspection for work that must be scheduled with OSFM and for which an STSS may be present.

"Party" means any individual, trust, firm, partnership, joint stock company, corporation, consortium, joint venture, commercial entity, federal government, State government, municipality, commission, unit of local government or political subdivision of the State, or any interstate body.

"PEI" means the Petroleum Equipment Institute.

"Permit" or "permitting" or "UST permit" refers to the requirements for, and the process of obtaining, permits required by 41 Ill. Adm. Code 175.300.

"Person" means any individual, partnership, co-partnership, firm, company, limited liability company, corporation, association, joint stock company, trust, estate, municipality, commission, political subdivision of a state, interstate body, or other legal entity, or their legal representative, agent or assigns. "Person" also includes any consortium, joint venture, commercial entity or the United States Government and any federal agency.

"Petroleum" (including crude oil or any fraction of crude oil that is liquid at standard conditions of temperature and pressure (60°F and 14.7 pounds per square inch absolute)), includes, but is not limited to, petroleum-based substances comprised of a complex blend of hydrocarbons, such as motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents or used oils.

"Petroleum UST" means an underground storage tank system that contains petroleum or a mixture of petroleum with de minimis quantities of other regulated substances. Petroleum USTs include those containing motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents or used oils.

"Pipe" or "Piping" is any hollow cylinder or tubular conduit that is constructed of non-earthen materials. Such piping includes any elbows, couplings, unions, valves or other in-line fixtures that contain and convey regulated substances from the underground tanks to the dispensers, generators or other designated equipment.

"Pipeline Facilities" (including gathering lines) includes new or existing pipe rights-of-way and any equipment, facilities or buildings used in the transportation of gas (or hazardous liquids, which include petroleum or any other liquid designated by the U.S. Secretary of Transportation) or the treatment of gas or designated hazardous liquids during the course of transportation.

"Piping Run" or "pipe run" means all underground piping connecting an individual submersible pump or suction stub to the furthest dispenser or other end-use equipment.

"Precision Test" or "Precision Tested" means a type of integrity test used to demonstrate tightness in a UST or associated piping. A precision test must be performed by an OSFM-licensed contractor, certified in the appropriate module, utilizing methods and equipment listed by an independent third party testing laboratory and listed in the NWGLDE publication List of Leak Detection Evaluations for Storage Tank Systems, incorporated by reference in Section 174.210. Test procedures will be performed in accordance with manufacturer's specifications for the testing equipment being used, and must be able to detect a leak at a rate of at least 0.1 gallon per hour from any portion of the tank or piping that routinely contains product, with a probability of detection of at least 95 percent and a probability of false alarm of no more than five percent.

"Re-certified Tank" A re-certified tank is any used tank that has been inspected and certified pursuant to the requirements of 41 Ill. Adm. Code 175.400(c).

"Red Tag" means the evidence of noncompliance status that is issued to a UST facility determined by OSFM to be out of compliance following a certification audit or other OSFM inspection in accordance with 41 Ill. Adm. Code 177.

"Regulated Substance" means:

Any substance defined in section 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980 (but not including any substance regulated as a hazardous waste under subtitle C); and

Petroleum, including crude oil or any fraction thereof that is liquid at standard conditions of temperature and pressure (60 °F and 14.7 pounds per square inch absolute). The term regulated substance includes, but is not limited to, petroleum and petroleum-based substances comprised of a complex blend of hydrocarbons, such as motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, and used oils.

"Release" means any spilling, overfilling, leaking, emitting, discharging, escaping, leaching or disposing from a UST into groundwater, surface water or subsurface soils.

"Release Detection" means determining whether a release of a regulated substance has occurred from the UST system into the environment or a leak has occurred into the interstitial space between the UST system and its secondary barrier or secondary containment around it.

"Removal" means removal of the underground storage tank system in accordance with 41 Ill. Adm. Code 175.830.

"Repair" means to restore to proper operating condition any tank, pipe, spill prevention equipment, overfill prevention equipment, corrosion protection equipment, release detection equipment, or other UST component that has caused or may cause a release of product from the UST system or has failed to function properly.

"Reportable Quantity" means the extent of a hazardous substance release that requires notification under Section 176.320 or 176.340. The reportable quantity varies depending upon the substance involved and is determined under 40 CFR 302.1 through 302.6 and 355.40, incorporated by reference in 41 Ill. Adm. Code 174.210.

"Residential tank" means a tank located on property used primarily for dwelling and not commercial purposes.

"Revocation of the License of a Contractor" means termination of a contractor's license to perform any activity the contractor was licensed to perform.

"Revocation of the Registration of an Underground Storage Tank System" means termination by OSFM of the registration of a UST.

"Safety Can" means a container of not more than 5.3 gallons capacity having a spring-closing lid and spout cover, and designed so that it will safely relieve internal pressure when subjected to fire exposure, per NFPA 30 and 30A, incorporated by reference in 41 Ill. Adm. Code 174.210.

"Secondary Containment" or "Secondarily Contained" means a release prevention and release detection system for underground storage tanks and/or piping, consisting of an inner and outer barrier with an interstitial space that is monitored for leaks, and designed, constructed and installed to:

contain regulated substances released from the tank system until they are detected and removed;

prevent the release of regulated substances to the environment at any time during the operational life of the UST; and

be checked at least every 30 days for evidence of a release.

Secondary containment may include double-walled tanks and piping. This term includes containment sumps when used for interstitial monitoring of piping.

"Site Assessment" is sampling and analyzing the results of the sampling to determine if a release has occurred and if contamination is present on a site, pursuant to 41 Ill. Adm. Code 176.330.

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

"STI" means Steel Tank Institute.

"Stormwater Collection System" or "Wastewater Collection System" means all piping, pumps, conduit and any other equipment necessary to collect and transport the flow of surface water runoff resulting from precipitation or domestic, commercial or industrial wastewater to and from retention areas or areas where treatment is designated to occur. The collection of stormwater or wastewater does not include treatment, except when incidental to conveyance.

"STSS" means a Storage Tank Safety Specialist employed by OSFM.

"Surface Impoundment" is a natural topographic depression, man-made excavation or diked area formed primarily of earthen materials (although it may be lined with man-made materials) that is not an injection well.

"Suspension of the License of a Contractor" means the prohibition of a contractor's performance of any OSFM regulated activity the contractor was licensed to perform for a period of time not to exceed one year.

"Tank" is a stationary device designed to contain an accumulation of regulated substances and constructed of non-earthen materials (e.g., steel, fiberglass, concrete or plastic) that provides structural support.

"Tank Vehicle" means any tank truck, tank full-trailer, or tractor and tank semi-trailer combination.

"Ten Percent or More Beneath the Surface of the Ground", with reference to a tank, means that its volume (including the volume of its connected underground piping) is 10 percent or more beneath the ground surface or otherwise covered with earthen materials. If a tank is in a vault, it is considered "beneath the surface of the ground" if it cannot be viewed from all sides and top and base.

"Third Party", unless otherwise specified in the rule, when applied to a device or system, means an independent nationally recognized organization or independent professionally licensed individual that evaluates the device or system according to a nationally recognized practice. Examples include, but are not limited to, UL, UL CAN, ANSI, ASTM, NLPA, API or NWGLDE.

"UL" means Underwriters Laboratories, Inc.

"UL Canada" or "UL CAN" means Underwriters Laboratories of Canada.

"Underground Storage Tank System" or "UST" or "UST System" means any one or combination of tanks (including connected underground pipes, connected ancillary equipment, connected cathodic protection, and containment system, if any) used to contain an accumulation of regulated substances, the volume of which (including the volume of underground connected pipes) is 10 percent or more beneath the surface of the ground. A UST does include an emergency power generator tank system that stores any classification of fuel for use exclusively, alternately or concurrently by an emergency power generator, except as otherwise excluded in this definition. The term "underground storage tank system" or "UST" does not include any pipes connected to any tank excluded from this definition. Underground storage tank system or UST does not include any tank system as follows:

Farm or residential tank with a capacity of 1,100 gallons or less used for storing motor fuel for noncommercial purposes;

Heating oil tank of any capacity used exclusively for storing heating oil for consumptive use on a farm or residence;

Septic tank;

Pipeline facility (including gathering lines):

Regulated under 49 U.S.C. 60101; or

Regulated under the Illinois Gas Pipeline Safety Act [220 ILCS 20] and determined by the United States Secretary of Transportation to be connected to a pipeline, or to be operated or intended to be capable of operating at pipeline pressure or as an integral part of a pipeline;

Any wastewater treatment tank system (including oil-water separators) that is part of a wastewater treatment facility regulated under section 402 or 307(b) of the Clean Water Act (33 U.S.C. 1342 or 1317(b));

Surface impoundment, pit, pond or lagoon;

Stormwater or wastewater collection system;

Flow-through process tank;

Emergency spill protection tank or overflow tank that is emptied expeditiously following use;

Liquid trap or associated gathering line directly related to oil or gas production and gathering operations;

Storage tank situated in an underground area (such as a basement, cellar, mine working, drift, shaft or tunnel) if the storage tank is situated upon or above the surface of the floor and can be viewed from all sides and top and base;

Storage tank situated in a vault (whether underground or aboveground), if the storage tank is situated upon or above the surface of the floor or ground and can be viewed from all sides and top and base;

Tank abandoned-in-place by filling with inert material in compliance with 41 Ill. Adm. Code 175.840, while the condition allowing abandonment in place still exists;

Tank with a capacity of 110 gallons or less;

Any UST holding hazardous wastes listed or identified under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 3251);

Tank that contains a de minimis concentration of regulated substances, except that the tank shall have been in that status as of April 21, 1989 and may not have been converted to a UST tank on or after that date, unless the tank has been re-certified and is in compliance with applicable upgrade requirements; or

Equipment or machinery that contains regulated substances for operational purposes, such as hydraulic lift tanks or electrical equipment tanks.

With the exception of release reporting, response, corrective action and financial responsibility requirements, the following USTs (whether single- or double-wall construction) are partially excluded under 40 CFR 280.10(c) from UST regulatory requirements found in 41 Ill. Adm. Code 172, 174, 175, 176 and 177:

Wastewater treatment tank systems not regulated under Section 402 or 307B of the Clean Water Act (33 U.S.C. 1342 or 1317(b)), including oil-water separators;

Aboveground storage tanks associated with both airport hydrant fuel distribution systems and UST systems with field-constructed tanks regulated under 41 Ill. Adm. Code 175, Subpart I;

Any UST containing radioactive material that is regulated under the Atomic Energy Act of 1954 (42 U.S.C. 2011); and

Any UST that is part of an emergency generation system at a nuclear power generation facility licensed by the U.S. Nuclear Regulatory Commission and subject to Nuclear Regulatory Commission requirements regarding design and quality criteria, including, but not limited to, 10 CFR 50.

Although these systems are partially excluded (and therefore partially exempt from the requirements in 41 Ill. Adm. Code 172, 174, 175, 176 and 177) under 40 CFR 280.10(c) and 280.11, they are required to comply with release reporting, response, corrective action and financial responsibility requirements in 41 Ill. Adm. Code 176.200 through 176.360 and, by December 22, 1998, are required to comply with the following:

Be constructed to prevent releases due to corrosion or structural failure for the operational life of the UST;

Be cathodically protected against corrosion, constructed of non-corrodible material, steel clad with a non-corrodible material, or designed in a manner to prevent the release or threatened release of any stored substance;

Be constructed or lined with material that is compatible with the stored substance; and

Have installed a method for leak detection in accordance with written directives issued by OSFM.

"UST Activity" means licensed UST work that falls into one or more of the following categories:

Installation/retrofitting, to include upgrades; repairs; containment sump testing; overfill prevention equipment inspection; spill prevention equipment testing; release detection equipment and system testing; and installation of wristband and spike anodes for cathodic protection of a flex connector;

Decommissioning to include removal and abandonment-in-place;

Lining, to include tank interior and lining inspection, hot work and tank entry;

Precision testing of tanks or lines;

Testing of containment sumps, spill prevention equipment, release detection equipment and systems, and inspection of overfill prevention equipment;

Cathodic protection installation and testing.

"Upgrade" is the addition or retrofit of some portion of a UST, such as cathodic protection, leak detection, new dispenser islands, new piping, interior lining or spill and overfill controls, installation of a manway, flex connectors, or other new openings.

"Wastewater Treatment Tank" means a tank that is designed to receive and treat any influent wastewater through physical, chemical or biological methods.

History

• Source: Amended at 47 Ill. Reg. 6801, effective May 2, 2023

41 Ill. Adm. Code 174.200 Incorporation of National Standards

Standards incorporated by reference in 41 Ill. Adm. Code 172, 174, 175, 176 and 177 do not include any later editions or amendments.

History

• Source: Amended at 47 Ill. Reg. 6801, effective May 2, 2023

41 Ill. Adm. Code 174.210 Incorporations by Reference

If a UST was installed prior to adoption of these standards, the standard that shall apply to any maintenance or repair shall be the standard cited in this Section unless otherwise specified in 41 Ill. Adm. Code 172, 174, 175, 176 and 177. If a UST or a component of the system is installed, replaced or upgraded, the installation, replacement or upgrade shall comply with the standards listed in this Section.

a) The following publications are incorporated by reference and apply to 41 Ill. Adm. Code 172, 174, 175, 176, and 177:

Airlines for America (formerly, Air Transport Association (ATA)), 1275 Pennsylvania Avenue, NW, Suite 1300, Washington DC 20004. Website for listing of publications: https://publications.airlines.org.:

"Airport Fuel Facility Operations and Maintenance Guidance Manual" (2004 Edition).

American Petroleum Institute (API). Available from the American Petroleum Institute, 200 Massachusetts Avenue NW, Suite 1100, Washington DC 20001-5571, (202) 682-8000:

API Recommended Practice 1604, "Closure of Underground Petroleum Storage Tanks", Fourth Edition, 2021.

API Recommended Practice 1631, "Interior Lining and Periodic Inspection of Underground Storage Tanks", Fifth Edition, 2001 (Reaffirmed 2020).

API Standard 2015, "Requirements for Safe Entry and Cleaning of Petroleum Storage Tanks", Eighth Edition, 2018.

API Recommended Practice 1626, "Storing and Handling Ethanol and Gasoline-Ethanol Blends at Distribution Terminals and Filling Stations", Second Edition, 2010 (Reaffirmed 2020).

American Society for Testing and Materials (ASTM). Available from the American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken PA 19428-2959, (610) 832-9500:

ASTM F852/F852M-22 Standard Specification for Portable Gasoline, Kerosene, and Diesel Containers for Consumer Use (2022)

The ICC International Building Code. Available from ICC, 4051 W. Flossmoor Rd., Country Club Hills IL 60478, (708) 799-2300:

ICC International Building Code (2024).

Institute of International Banking Law & Practice, Inc. (Institute). Website: https://iiblp.org/pages/isp-forms:

"International Standby Practices (ISP) 98 Form 11.1, Model Government Standby Form" (2014).

NACE International. Available from NACE International, 15835 Park Ten Place. Houston, Texas 77084, (281) 228-6200:

NACE Standard Practice SP0169, "Control of External Corrosion on Underground or Submerged Metallic Piping Systems" (2013 Edition).

NACE Standard Practice SP0285, "External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection" (2021 Edition).

National Fire Protection Association (NFPA). Available from the National Fire Protection Association, 1 Batterymarch Park, Quincy MA 02169, (617) 770-3000 or (800) 344-3555:

NFPA 10, "Standard for Portable Fire Extinguishers" (2022).

NFPA 13, "Standard for the Installation of Sprinkler Systems" (2022).

NFPA 17, "Standard for Dry Chemical Extinguishing Systems" (2024).

NFPA 30, "Flammable and Combustible Liquids Code" (2024). Also available from ANSI.

NFPA 30A, "Code for Motor Fuel Dispensing Facilities and Repair Garages" (2024). Also available from ANSI.

NFPA 58, "Liquefied Petroleum Gas Code" (2024).

NFPA 70, "National Electrical Code" (2023). Also available from ANSI.

NFPA 72, "National Fire Alarm and Signaling Code" (2022).

NFPA 101, "Life Safety Code" (2015). Also available from ANSI.

NFPA 385, "Standard for Tank Vehicles for Flammable and Combustible Liquids" (2022). Also available from ANSI.

NFPA 407, "Standard for Aircraft Fuel Servicing" (2022).

National Leak Prevention Association (NLPA). Available from the National Leak Prevention Association, 75-4 Main Street, Suite 300, Plymouth NH 03264, e-mail: info@NLPA-online.org, website: https://www.nlpa-online.org/, (815) 301-2785 (phone):

NLPA Standard 631 (Chapters A & B Only), "Entry, Cleaning, Interior Inspection, Repair and Lining of Underground Storage Tanks" (Chapter A) and "Future Internal Inspection Requirements for Lined Tanks" (Chapter B), 2016 Revision.

National Work Group on Leak Detector Evaluations (NWGLDE), List of Leak Detection Evaluations for Storage Tank Systems, Twenty-Fourth Edition (January 3, 2017), as subsequently modified by the Thirtieth Edition (January 18, 2023), available at: www.neiwpcc.org/nwglde.

Petroleum Equipment Institute (PEI). Available from the Petroleum Equipment Institute, P.O. Box 2380, Tulsa OK 74101-2380, RP@pei.org, (918) 494-9696 (phone), (918) 491-9895 (fax):

PEI/RP 100-22, "Recommended Practices for Installation of Underground Liquid Storage Systems" (2022).

PEI/RP 500-19, "Recommended Practices for Inspection and Maintenance of Motor Fuel Dispensing Equipment" (2019).

PEI/RP 900-21, "Recommended Practices for the Inspection and Maintenance of UST Systems" (2021).

PEI/RP 1000-22, "Recommended Practices for the Installation of Marina Fueling Systems" (2022).

PEI/RP 1200-19, "Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities" (2019).

PEI/RP 1300-20, "Recommended Practices for the Design, Installation, Service, Repair and Maintenance of Aviation Fueling Systems" (2020).

PEI/RP 1400-21, "Recommended Practices for the Design and Installation of Fueling Systems for Emergency Generators, Stationary Diesel Engines and Oil Burner Systems" (2021).

Steel Tank Institute (STI). Available from the Steel Tank Institute, 944 Donata Court, Lake Zurich IL 60047, (847) 438-8265:

STI (F894) (ACT 100), "Specification for External Corrosion Protection of FRP Composite Steel Underground Storage Tanks", revised July 2019.

Underwriters Laboratories, c/o COMM 2000, 151 Eastern Avenue, Bensenville IL 60106, 1-888-853-3503:

"Standard for Pre-Engineered and Engineered Dry and Pre-Engineered Wet Chemical Extinguishing System Units", UL 1254, Sixth Edition (2019), with revisions through February 9, 2022.

"Standard for Fibre Reinforced Underground Tanks for Flammable and Combustible Liquids", UL 1316, Third Edition (2018), with revisions through March 12, 2019.

"Standard for Aboveground Piping for Flammable and Combustible Liquids", UL 1369, First Edition (2018), with revisions through August 25, 2020.

US Department of Defense (available at http://www.wbdg.org/ffc/dod):

"Unified Facilities Criteria (UFC) 3-460-01, Design: Petroleum Fuel Facilities", 2019 Edition as revised by Change 3, eff. June 8, 2023.

Department of Defense Manual 4140.25, Volume 9, "DoD Management of Energy Commodities: Defense Fuel Support Point (DFSP) Bulk Petroleum Inventory Accounting" (eff. April 4, 2019) (previously consolidated from Department of Defense Instruction Number 4140.25, "DoD Management of Bulk Petroleum Products, Natural Gas, and Coal", Volume II: "Petroleum Management", Chapter 10: "Accountability", eff. June 22, 1994).

b) The following federal regulations (Code of Federal Regulations (CFR)) are incorporated by reference and apply to 41 Ill. Adm. Code 172, 174, 175, 176 and 177. Available from the Superintendent of Documents, U.S. Government Printing Office, Washington DC 20401, website for electronic text: https://ecfr.federalregister.gov, (202) 512-1800:

29 CFR 1910.120 (May 14, 2019).

29 CFR 1910.146 (December 27, 2011).

29 CFR 1926 (September 15, 2020).

40 CFR 280 (October 13, 2015).

40 CFR 302.1 through 302.6 and 355.40 (July 24, 2020).

c) If the above-referenced publications conflict with specific provisions of 41 Ill. Adm. Code 172, 174, 175, 176 or 177, the Illinois rules shall take precedence over the publications identified in subsection (a) and the federal rules (identified in subsection (b)) shall take precedence over the Illinois rules. However, the provisions of 41 Ill. Adm. Code 172, 174, 175, 176, and 177 shall not be deemed to be in conflict with federal rules on the basis that the Illinois rules are more specific than, more stringent than, or impose requirements for which no similar requirements are contained in, laws and rules enforced by agencies of the federal government.

d) The following Illinois regulations are referenced in 41 Ill. Adm. Code 176:

Pollution Control Board: 35 Ill. Adm. Code 734 (March 19, 2012)

Department of Transportation: 92 Ill. Adm. Code 172 (January 24, 2018)

History

• Source: Amended at 48 Ill. Reg. 12829, effective August 7, 2024

41 Ill. Adm. Code 174.300 Storage, Handling and Use of Flammable and Combustible Liquids

With regard to USTs, except as otherwise provided in 41 Ill. Adm. Code 172, 174, 175, 176, 177, 160 and 180, the storage, handling and use of flammable and combustible liquids shall comply with NFPA 30 and 30A, incorporated by reference in 41 Ill. Adm. Code 174.210, as of October 13, 2018.

History

• Source: Amended at 42 Ill. Reg. 10435, effective October 13, 2018

41 Ill. Adm. Code 174.310 Bulk Loading and Unloading for Railroad Tank Cars and Tank Vehicles

a) Any kind of loading or unloading activity, either to or from railroad tank cars and tank vehicles, or any other kind of loading or unloading into or out of USTs, shall require compliance with Section 174.300 and the following minimum requirements.

1. All electrical installations shall comply with the Edition of NFPA 70, incorporated by reference in Section 174.210, which was in force at the time of installation of the electrical equipment at all hazardous (classified) locations, such as loading and unloading docks, to include vapor-proof lighting, wiring in sealed conduit, and explosion-proof switches. Equipment and installations shall further comply with the requirements of 41 Ill. Adm. Code 175.425.

2. A person shall be present to actively supervise the product transfer during loading and unloading operations.

3. When transferring Class I liquids, motors of tank vehicles and portable or auxiliary pumps shall be shut down during the making and breaking of hose connections. If loading or unloading is done without requiring the use of the motor of the tank vehicle, the motor shall be shut down throughout the transfer operations.

4. Before loading or unloading operations begin, the depositor shall determine the quantity of product that can be unloaded into each tank or tank vehicle (i.e., the tank ullage) without overflow of product. The volume shall be logged with the facility owner/operator. The log may consist of any bill of lading.

5. The driver, operator or attendant of any tank vehicle shall not remain in the vehicle, but shall not leave the vehicle unattended during the loading or unloading process. Delivery hose, when attached to a tank vehicle, shall be considered to be a part of the tank vehicle. The driver, operator or attendant shall monitor fuel flow at the deposit point at all times during fuel transfer operations.

6. When loading or unloading product into or from underground tanks located at bulk facilities and motor fuel dispensing facilities equipped with tank vapor recovery equipment, the driver, operator or attendant of the tank truck shall ensure that all vapor return paths are effectively made liquid and vapor tight to prevent the discharge of vapors at grade level.

7. No fuel deliveries shall be made while tank entry work is going on at the same UST facility unless the facility can demonstrate that:

A) the fill port to be fueled is not connected to the UST being worked on;

B) no other connection directly or indirectly exists between the UST being worked on and the UST receiving the fuel; and

C) the conditions for delivery are safe, including the distance between the UST being worked on and the UST receiving fuel.

8. Smoking on or about any tank truck while loading or unloading any flammable or combustible liquid is forbidden. Extreme care shall be taken during unloading operations to avoid deliveries where spark generating equipment is being operated nearby, to avoid other practices involving a risk of fire, to keep fire away, and to prevent persons in the vicinity from smoking, lighting matches or carrying any flame or lighted cigar, pipe or cigarette.

9. Tank trucks and tank wagons used for the transport and delivery of Class I, II or III liquids shall not be parked for other than delivery purposes in residential districts, as defined in the Illinois Vehicle Code [625 ILCS 5/1-172].

10. Owners, operators and delivery personnel shall ensure that releases due to spilling or overfilling do not occur and that all transfer operations are monitored constantly to prevent overfilling and spilling.

11. The depositor shall report any release of a regulated substance into the environment according to the reporting requirements for owners/operators set forth in 41 Ill. Adm. Code 176.340. The depositor shall then also notify the UST owner/operator immediately. If the depositor fails to report, the facility shall report under 41 Ill. Adm. Code 176.340.

12. Owners or operators shall report, investigate and clean up any spills or overfills in accordance with 41 Ill. Adm. Code 176.300 through 176.350, including the required reporting of a release when not already reported by the depositor.

b) The unloading hose from a railroad tank car or tank vehicle into an underground tank shall have a static wire or its equivalent and shall be equipped with a non‑ferrous nozzle or tight connection metal nipple.

c) Before unloading operations begin, the depositor shall determine the following:

1. The facility has a green decal, issued by OSFM, that is current and valid and in plain view.

2. Any fill or remote fill that has a red tag, issued by OSFM, attached. Depositing into the associated tank is prohibited.

3. The depositor shall inspect the fill device to assure that no tampering has occurred. Before unloading may begin into a remote fill, the depositor shall ensure that all fill caps are secure and tight. Any overriding or tampering with an overfill device that may result in the overfilling of any tank is prohibited and is subject to immediate placement of red tags on the affected USTs.

History

• Source: Amended at 47 Ill. Reg. 6801, effective May 2, 2023

41 Ill. Adm. Code 174.320 Locating Bulk Facilities Adjacent to a Motor Fuel Dispensing Facility; Dual Purpose Usts

a) Dispensing from a bulk tank into the tank of a motor vehicle is prohibited.

b) Bulk facilities (including any bulk storage, bulk plant or bulk load-out) located adjacent to or at a motor fuel dispensing facility shall be separated from public fuel dispensing areas by a fence or similar barrier from the area in which bulk operations are conducted.

c) Installations of piping to connect bulk storage to a UST at a motor fuel dispensing facility permitted prior to July 1, 1985 shall comply with 41 Ill. Adm. Code 160.15 and the following requirements:

1. Any alteration of a UST component at the bulk and motor fuel dispensing facilities shall require that UST component be upgraded to current design, operating and other technical requirements found in 41 Ill. Adm. Code 172, 174, 175 and 176.

2. Replacement of any UST piping shall require that all UST piping associated and interconnected with the bulk and motor fuel dispensing facilities and USTs be upgraded to current standards for new piping, including requirements for double-wall piping equipped with interstitial monitoring and all appropriate sumps (see 41 Ill. Adm. Code 172, 174, 175 and 176).

3. Replacement of underground storage tanks at bulk and motor fuel dispensing facilities shall require that the entire UST related to the tank replacement be upgraded to standards for newly installed USTs (see 41 Ill. Adm. Code 172, 174, 175 and 176).

d) Existing Dual Purpose USTs permitted after May 1, 2003. On or after May 1, 2003, connections between a single bulk load-out and a single UST at a motor fuel dispensing facility shall be allowed to remain if the UST and piping meets all technical standards at the time of installation. Existing dual purpose USTs shall have evidence of OSFM's written consent to operate.

e) New Installations of and New Conversions to Dual Purpose USTs. On and after September 1, 2010, requests to connect new and existing bulk load-outs to new or existing USTs located at motor fuel dispensing facilities must be reviewed and approved by OSFM, and shall be limited to a single underground storage tank connected to one or more dispensers and a bulk load-out at the same time. Approval from OSFM shall require an OSFM permit issued under 41 Ill. Adm. Code 175.300 prior to construction or installation and shall be contingent upon, and require compliance with, subsections (a), (b) and (c) and 41 Ill. Adm. Code 160, 172, 174, 175, 176, 177 and 180 and the following requirements:

1. All product piping extensions at the motor fuel dispensing facility shall be underground and be equipped with automatic line leak detectors (ALLDs) and meet all other release detection requirements for UST piping;

2. The UST connected to any bulk load-out shall be designed for the working pressures and volume of products to be transferred and for the specific use and location;

3. Individual tanks shall not be interconnected, siphoned or manifolded when serving as a dual purpose UST; e.g., a dual purpose UST may not at the same time be connected to any other tanks or USTs;

4. Product piping shall not be routed under buildings;

5. Dispensers from which retail sales to the public are made shall not be connected, directly or indirectly, to any tank for which the total of all compartments is over 30,000 gallons capacity;

6. General Requirement that Dual Purpose USTs Meet Requirements for Newly Installed USTs

A) Dual purpose USTs shall meet all design and other UST technical requirements for newly installed USTs, including:

i) design requirements for tanks and piping (see 41 Ill. Adm. Code 175.Subpart D and 176.430(f));

ii) corrosion protection (see 41 Ill. Adm. Code 175.Subpart E); and

iii) release detection that also includes all underground product piping extensions (see 41 Ill. Adm. Code 175.Subpart F);

B) Dual purpose USTs shall also be compatible with the product stored (see 41 Ill. Adm. Code 175.415), and meet all required setbacks and separation distances (see 41 Ill. Adm. Code 175.Subpart D). When an existing UST to be connected to a bulk load-out does not meet current requirements for newly installed USTs, the UST must be upgraded to standards for new installations at the time the connection to a bulk loadout is made;

7. Deliveries from the tank vehicle into vehicles at the motor fuel dispensing facility are prohibited;

8. The service station portion must comply with all requirements of 41 Ill. Adm. Code 172, 174, 175, 176, 177 and 180 applicable to service stations;

9. The bulk facility portion shall comply with all applicable requirements of this Subpart and 41 Ill. Adm. Code 160, 172, 174, 175, 176, 177 and 180;

10. An OSFM permit shall be obtained prior to connecting a new or existing bulk load-out to a new or existing UST at a motor fuel dispensing facility.

History

• Source: Amended at 47 Ill. Reg. 6801, effective May 2, 2023

41 Ill. Adm. Code 174.330 Heating Systems

Newly installed or replaced heating systems where flammable and combustible liquids are stored, handled or dispensed, and the locations of newly installed or replaced furnaces and heaters at motor fuel dispensing facilities, shall comply with NFPA 30 and 30A, incorporated by reference in Section 174.210, on and after September 1, 2010. Existing heating systems, furnaces and heaters previously approved by OSFM or in compliance with OSFM rules by August 31, 2010 shall be allowed to remain.

41 Ill. Adm. Code 174.340 Greasing Pits

Newly installed greasing pits in buildings where flammable and combustible liquids are stored, handled, used or dispensed shall comply with NFPA 30 and 30A, incorporated by reference in Section 174.210, on and after September 1, 2010. Greasing pits previously approved by OSFM or in compliance with former 41 Ill. Adm. Code 170 by August 31, 2010 shall be allowed to remain.

41 Ill. Adm. Code 174.350 Fire Extinguishers

Every dispensing facility shall provide fire extinguishers that comply with the installation and sizing requirements of NFPA 10, incorporated by reference in Section 174.210, and the testing, maintenance and licensing requirements of 41 Ill. Adm. Code 251 (Fire Equipment Distributor and Employee Standards). Other facilities shall provide extinguishers when required to do so by NFPA 30, 30A or 10, incorporated by reference in Section 174.210.

41 Ill. Adm. Code 174.360 Fireworks (repealed)

History

• Source: Repealed at 47 Ill. Reg. 6801, effective May 2, 2023

41 Ill. Adm. Code 174.370 General Requirement to Maintain All Equipment

Equipment and other items required by 41 Ill. Adm. Code 160, 172, 174, 175, 176, 177 and 180 shall be maintained in accordance with 41 Ill. Adm. Code 175 and 176 and this Part and manufacturer's instructions and otherwise shall be kept in good operating condition at all times.

41 Ill. Adm. Code 174.400 Dispensing Requirements at Motor Fuel Dispensing Facilities

a) All dispensing of motor fuels at motor fuel dispensing facilities shall only be directly into the fuel tanks of motor vehicles when the tanks are connected with the fuel systems of the vehicles, or into safety cans, or portable containers, or portable tanks in compliance with Section 174.410.

b) With the exception of industrial or fleet facilities with no connection to any UST from which regulated products are sold at retail to the public, the capacity of the total of all compartments of any UST installed at a motor fuel dispensing facility shall not exceed 30,000 gallons.

History

• Source: Amended at 42 Ill. Reg. 10435, effective October 13, 2018

41 Ill. Adm. Code 174.410 Portable Containers and Portable Fuel Tanks

Except as otherwise specified in OSFM rules, the storage, transfer, handling, dispensing and use of flammable and combustible liquids in portable containers and portable fuel tanks shall comply with NFPA 30 and 30A, incorporated by reference in Section 174.210, on and after September 1, 2010.

a) All portable containers for gasoline and kerosene shall be marked or labeled in a conspicuous place with the name of the product.

b) Any portable container into which gasoline or benzol is to be dispensed, except a tank wagon or truck, shall be red and shall be labeled "gasoline" or "benzol" as the case may be. These containers shall be labeled in letters at least ½" high. It shall be unlawful to use portable containers not complying with this Section. For purposes of the red container requirement under this Section, "portable" shall mean those containers that may be reasonably carried or wheeled by a single person by hand. Such containers would not include trailers or other wheeled devices intended to be pulled by a motor vehicle.

c) No person shall put any liquid or oil other than gasoline or benzol in red containers that are labeled or marked for gasoline or benzol use.

d) Safety cans and like portable containers for kerosene shall be blue with "KEROSENE" in ½" or larger letters on the container. These containers shall be metal or other material approved by OSFM. No person shall put any liquid or oil other than kerosene in blue containers labeled or marked for kerosene use.

e) Portable containers for flammable or combustible liquids regulated under the Gasoline Storage Act shall be listed for their intended purpose. Except as otherwise provided by 41 Ill. Adm. Code 160, 174, 175, 176 and 180, portable containers for Class I and Class II liquids shall have been tested and meet the specifications and test criteria of ASTM F852 or ASTM F976 and all other ANSI-ASTM tests referred to in those standards. Documentation of compliance with ANSI-ASTM specifications must be submitted by the manufacturer to OSFM for approval, before such portable containers may be marketed or used in the State of Illinois.

41 Ill. Adm. Code 174.420 Deliveries from Portable Fuel Tanks and Tank Vehicles Restricted

a) Dispensing or delivery of flammable or combustible motor vehicle fuels from tank vehicles, tank trucks, tank wagons or other portable tanks is prohibited except as follows:

1. Agricultural sites for agricultural purposes (farm use);

2. Construction sites for refueling construction equipment used only at the construction site (this exception does not apply to trucks or passenger cars that have license plates attached and may be driven to motor fuel dispensing facilities);

3. Sites used for the refueling of police, fire or emergency medical services vehicles or other vehicles that are owned, leased or operated by (or operated under contract with) the State, a unit of local government, a school district, or any agency of the State and that are not normally accessible to the public;

4. Sites permitted under the Environmental Protection Act [415 ILCS 5] as waste disposal sites, sanitary landfills, and municipal solid waste landfill units, but only for the fueling of off-road vehicles and equipment used at and for the operation of these sites;

5. Sites used for the parking, operation or maintenance of a commercial vehicle fleet, but only if the site is located in a county with 3,000,000 or more inhabitants or a county contiguous to a county with 3,000,000 or more inhabitants and the site is not normally accessible to the public; and

6. Airports for fueling of aircraft as defined in, and in compliance with, 41 Ill. Adm. Code 180.

b) Under no circumstances shall the exceptions listed in subsection (a) be construed to allow retail sales to the public from tank vehicles, tank trucks, tank wagons or other portable tanks. Dispensing or delivery of flammable or combustible motor vehicle fuels to or from tank vehicles for the purposes set forth in subsections (a)(1) through (a)(5) shall comply with Sections 174.440 and 174.450, except that a permit shall not be required for fueling pursuant to subsections (a)(1) through (a)(4).

c) Additional Exception to Ban on Mobile Fueling. In addition to the fueling described in subsections (a) and (b), when Class I or II liquids are to be transported for agriculture or construction as described in subsections (a)(1) and (a)(2), the party performing the fueling may also transport 119 gallons or less per vehicle subject to the following conditions:

1. Containers shall be tanks constructed of 18 gauge or heavier steel or equivalent gauge aluminum.

2. Tanks shall be securely fastened to prevent separation from the vehicle in the event of a collision.

3. Tanks shall be electrically bonded to the frame of the vehicle.

4. Tanks shall be protected against leakage or damage in the event of a turnover.

5. Tanks may not be drained by gravity. Only top mounted pumps designed and labeled for use with flammable and combustible liquids may be used to transfer Class I and II liquids from the tanks to other storage tanks or vehicle fuel tanks. No top mounted pump shall be higher than the highest point of the vehicle or permanently attached appurtenances (i.e., roll bars).

6. Flammable liquid petroleum products being transported on a single vehicle may not exceed 119 gallons.

7. Each tank is clearly labeled with the name of the product it contains in letters at least 2" in height with the letters to be white in color on a contrasting background, or placarded in accordance with Illinois Department of Transportation hazardous materials rules (92 Ill. Adm. Code 172).

8. Vehicles transporting regulated products under this subsection (c) shall also comply with the regulations of the Illinois Department of Transportation regarding that transport.

History

• Source: Amended at 42 Ill. Reg. 10435, effective October 13, 2018

41 Ill. Adm. Code 174.430 Auxiliary Fuel Tanks for Vehicles Over a Certain Size

a) Auxiliary (additional) fuel tanks of 119 gallons aggregate capacity or less for Class I or II liquids may be added to ½ and ¾ ton (pickup) trucks or larger vehicles to provide added fuel capacity, provided that the tank:

1. is constructed of 18 gauge or heavier steel, or equivalent gauge aluminum;

2. is securely fastened to either the truck bed or frame in such a manner that it will not separate from the vehicle in the event of a collision;

3. is permanently connected to the fuel system of the vehicle in a manner required by any applicable USDOT rules and regulations;

4. is baffled to prevent the sudden shifting of liquid when the vehicle is moving;

5. is electrically bonded to the vehicle frame;

6. is protected against leakage or damage in the event of a turnover;

7. cannot be drained by gravity. Only top mounted pumps designed and labeled for use with flammable and combustible liquids may be used to transfer Class I and II liquids from the tanks to other storage tanks or vehicle fuel tanks. No top mounted pump shall be higher than the highest point of the vehicle or permanently attached appurtenances (i.e., roll bars).

b) Flammable liquid petroleum products being transported on a single vehicle as allowed under this Section may not exceed 119 gallons.

c) Vehicles transporting regulated products under this Section shall also comply with the regulations of the Illinois Department of Transportation regarding that transport.

d) Each tank shall be clearly labeled with the name of the product it contains in letters at least 2" in height and a color contrasting with the background, or placarded in accordance with Illinois Department of Transportation hazardous materials rules (92 Ill. Adm. Code 172).

41 Ill. Adm. Code 174.440 Dispensing or Delivery of Flammable or Combustible Motor Fuels from Tank Vehicles

Dispensing or delivery of flammable or combustible motor vehicle fuels from tank vehicles is allowed at sites used for the parking, operation or maintenance of a commercial vehicle fleet under the following conditions:

a) The site is located in a county with 3,000,000 or more inhabitants or a county contiguous to a county with 3,000,000 or more inhabitants and:

1. The site is not normally accessible to the public and has been approved by OSFM.

2. The vehicles being fueled are part of a fleet of commercial vehicles that are normally parked, operated or maintained at the fueling site.

3. An inspection of the fueling site has been made and approval granted in the form of a permit issued by OSFM. An inspection of the facility may be made at any time. The permit application may be found at https://www2.illinois.gov/sites/sfm/About/Divisions/Fire-Prevention-and-Building-Safety/Pages/Mobile-Fueling.aspx

.

4. Electrical devices and wiring in areas where fuel is dispensed are in accordance with the edition of NFPA 70 in effect at the time the mobile fueling site was constructed.

5. Dispensing locations are at least 50 feet from structures or combustible storage, including structures or storage on adjacent properties.

6. Signs are posted prohibiting smoking or open flames within 25 feet of the fuel tanker and the point of fueling.

b) The tank vehicle is owned and operated by a company licensed by OSFM to perform mobile fueling.

c) The tank vehicle complies with the requirements of NFPA 385, incorporated by reference in Section 174.210 and has been approved by OSFM.

d) The tank vehicle displays a mobile-fueling sticker issued by OSFM.

e) The dispensing hose does not exceed 50 feet in length.

f) The dispensing nozzle is a listed automatic-closing type with a latch-open device.

g) Nighttime deliveries are only be made in adequately lighted areas.

h) The tank vehicle's flasher lights are in operation while dispensing.

i) Fuel expansion space is left in each fuel tank to prevent overflow in the event of temperature increase.

History

• Source: Amended at 42 Ill. Reg. 10435, effective October 13, 2018

41 Ill. Adm. Code 174.450 Requirements for Permit to Fuel Motor Vehicles from Tank Vehicles

a) The person, company or other entity proposing to deposit fuel into tanks of motor vehicles from tank vehicles must first have a permit from OSFM. The application may be found at https://www2.illinois.gov/sites/sfm/About/Divisions/Fire-Prevention-and-Building-Safety/Pages/Mobile-Fueling.aspx. A permit will be granted under the following circumstances.

1. The person must apply for a permit by providing the following information:

A) The name of business, proof of good standing if a corporation, proof of compliance with the Assumed Name Act if applicable, and the principal address of the business.

B) Proof that the vehicles used for fueling are in compliance with Section 174.440.

C) Evidence that employees have knowledge of the requirements contained in Section 174.440.

2. An annual fee of $500 shall be charged each person engaging in fueling from tank vehicles for the period from January 1 through December 31 of each calendar year.

3. Each vehicle used for fueling must comply with Section 174.440 and:

A) OSFM approval shall consist of a decal or other evidence issued by OSFM attached to the vehicle. The application can be found at the website cited in subsection (a). Tank vehicles shall be subject to periodic inspections.

B) Vehicles without a permit shall not be allowed to engage in tank vehicle fueling.

C) A replacement or added vehicle shall not engage in fueling until an inspection is made to determine compliance and evidence of compliance is issued.

D) An annual fee of $100 shall be charged for each vehicle engaged in the fueling. Replacement vehicles shall be charged at the same rate. The evidence of compliance shall be for January 1 through December 31.

b) Each location (site) where fueling from tank vehicles is conducted shall be inspected by OSFM. No fueling from tank vehicles shall take place until the location for the fueling is approved by OSFM.

1. The owner/lessee or other person who has vehicles to be fueled by tank vehicle shall pay OSFM an annual fee for each location where the fueling will take place. Fees shall be as follows:

Number of Vehicles Fueled

Fee

1-25

$100

26-50

$200

51-100

$300

101 or more

$400

2. The locations shall be approved if they meet the requirements of Section 174.440.

3. The location must be approved annually.

History

• Source: Amended at 42 Ill. Reg. 10435, effective October 13, 2018

41 Ill. Adm. Code 174.APPENDIX A Derivation Table (repealed)

History

• Source: Repealed at 42 Ill. Reg. 10435, effective October 13, 2018

Part 175 Technical Requirements for Underground Storage Tanks and the Storage, Transportation, Sale and Use of Petroleum and Other Regulated Substances

41 Ill. Adm. Code 175.100 Definitions

Unless otherwise provided by the text in this Part, all terms in this Part shall be as defined in 41 Ill. Adm. Code 174.100.

41 Ill. Adm. Code 175.200 General Requirements for Motor Fuel Dispensing Facilities

a) Other than kerosene and except as otherwise provided in this Subpart B and 41 Ill. Adm. Code 180, all dispensing of flammable and combustible liquids at motor fuel dispensing facilities shall be from underground storage tanks.

b) All motor fuel dispensing facilities must abide by the operating and other requirements of this Subpart B.

c) Motor fuel dispensing facilities must hold a current and valid motor fuel dispensing permit, as evidenced by the affixing of a current green decal from the OSFM in accordance with 41 Ill. Adm. Code 177.115, for the particular type of facility involved in order to operate. No motor fuel dispensing facility shall open for business until inspected and approved by OSFM. Facilities operating under different classifications at any time shall submit a motor fuel dispensing facility application and obtain approval for and meet the requirements for the classification with the most stringent requirements that apply to the facility. Approval for dispensing operations via the green decal will be granted upon compliance with 41 Ill. Adm. Code 172, 174, 175, 176 and 177. No owner or other person or responsible entity shall permit any person to violate the provisions of this Subpart B. Violation of the requirements for motor fuel dispensing facilities of this Subpart B may subject the owner or operator to penalties that may include revocation of the ability to dispense under this Subpart and the green decal issued under 41 Ill. Adm. Code 177 as required for operation of the facility. Failure to remain in compliance with UST rules may also result in OSFM's issuance of a red tag for the tanks at issue, prohibiting any further operation of the facility or further deposit of regulated substances into any tank subject to a red tag. Maintenance of equipment physically connected to the UST, including dispensers, hoses, emergency breakaways, electrical equipment directly tied to the UST, emergency stops and shear valves, are required items subject to red tag for noncompliance.

d) Applications for a Motor Fuel Dispensing Facility Permit

1. No construction of a motor fuel dispensing facility or modification of an existing motor fuel dispensing facility shall be commenced until applications and plans are given written approval in the form of a review letter by OSFM.

2. Only contractors currently licensed and certified in accordance with 41 Ill. Adm. Code 172 may submit motor fuel dispensing facility permit applications. A UST contractor portal for the on-line submission of the motor fuel dispensing permit application can be found at the UST Applications and Forms page for the DPCS at https://webapps.sfm.illinois.gov/USTPortal/Home/Login?ReturnUrl=%2fUSTPortal. The applications shall be those prescribed by OSFM and plans must be submitted for each motor fuel dispensing facility showing compliance with applicable OSFM rules. The plans shall be drawn to scale and shall, at a minimum, include the following:

A) Lot lines and dimensions.

B) Building lines and dimensions.

C) Location and size of tanks and dispensing devices or equipment.

D) Location of control station (if applicable).

E) Locations of all emergency stops.

3. After examining the submitted application and plans, OSFM shall issue a review letter valid for a period of 6 months. Submission of incomplete or illegible applications or plans shall be cause for denial of applications.

4. Motor fuel dispensing facility work of the following kinds requires application and plan submittal to OSFM prior to commencing the work:

A) A station being newly constructed.

B) A station being established in a building that previously contained a different occupancy.

C) Making substantial modifications to an existing facility. Substantial modification would include, but not be limited to:

i) Installation of new dispensing islands or dispensers in new locations.

ii) Relocation of an emergency stop.

D) Changing from one facility classification to another, as those classifications are listed in Sections 175.210 through 175.250. The requirements to submit a motor fuel dispensing facility application and comply with the most stringent set of dispensing requirements will still apply even if only part of the facility is being changed, or if the facility plans to operate under a different classification for only a portion of a 24-hour period.

E) Construction or relocation of buildings on the property, even if they are not the "primary" motor fuel dispensing facility station control buildings.

5. Motor fuel dispensing facility work of the following kinds does not require application and plan submittal to OSFM prior to commencing the work. This type of work or modifications will be inspected by OSFM when the facility is due for permit renewal:

A) Like-for-like replacement of existing equipment (e.g., replacement of existing dispensing cabinets or components not involving the shear valve or items below the shear valve; changing existing dispensing nozzles, hoses or fittings; replacing an existing emergency stop in its current location).

B) Replacing (or installing additional) collision protection posts or guardrails.

C) Changing or replacing warning or instructional signs.

D) Replacing or adding to the complement of portable fire extinguishers.

6. In addition to the requirement for a motor fuel dispensing permit pursuant to this Subpart before any dispensing can occur, work affecting UST components or equipment shall also require a separate Section 175.300 permit to be obtained via the submittal of separate applications to OSFM pursuant to that Section.

e) Issuance and Renewal of Motor Fuel Dispensing Facility Permits

1. A motor fuel dispensing facility permit or permit renewal will be issued via the green decal by OSFM after an on-site inspection has been conducted by OSFM to verify compliance with all applicable OSFM administrative rules.

2. No motor fuel dispensing facility shall open for business until inspected and approved by OSFM, and until OSFM issues a green decal, which must be prominently displayed at all times at the motor fuel dispensing facility.

3. Motor fuel dispensing facility permits shall be issued via the green decal on a biennial basis. These permits (issued via the green decal) shall expire on December 31 of the year shown on the decal.

4. Any name or ownership change shall require completion of an electronic Notification of Ownership Change for Underground Storage Tanks under 41 Ill. Adm. Code 176.440(g) within 30 days, at the UST Applications and forms page for the DPCS at https://sfm.illinois.gov/about/divisions/petroleum-chemical-safety/applications-and-forms.html. Copies of proof of legal ownership, including, but not limited to, the current deed, contract or lease, shall be downloaded with this notification.

f) Storage and handling of LP gases at motor fuel dispensing facilities shall be in accordance with 41 Ill. Adm. Code 200.

History

• Source: Amended at 48 Ill. Reg. 12838, effective August 7, 2024

41 Ill. Adm. Code 175.210 Attended Self-Service Motor Fuel Dispensing Facilities and Islands

All dispensing of Class I, II or III liquids at attended self-service motor fuel dispensing facilities and islands must be under the supervision and control of an attendant. The following requirements shall apply to attended self-service motor fuel dispensing facilities and islands:

a) All electrical installations shall comply with the edition of NFPA 70 in effect at the time of installation of the electrical equipment and shall further comply with the applicable requirements of Section 175.425.

b) Every self-service motor fuel dispensing facility shall maintain a control station in a location readily accessible to the attendant. Separate fueling areas more than 100 feet apart and designated by signage so indicating may have separate control stations if each separate fueling area complies with this Subpart B and 41 Ill. Adm. Code 172, 174, 175 and 176.

c) A method that does not require coins or currency to activate shall be provided for the attendant to contact the fire department.

d) Conspicuously marked and easily accessible emergency stops must be provided at each facility and shall be:

1. Located so that at least one emergency stop is at least 20 feet but not more than 100 feet from each dispenser.

2. Interconnected so that activation of one emergency stop activates all the emergency stops whenever more than one emergency stop is provided.

3. Equipped with an emergency stop at all control stations, which shall be conspicuously marked and readily accessible to the attendant, whether or not the control station is less than 20 feet from any dispenser or a security booth is provided for the attendant. The emergency stop shall be located in a position to allow all dispensing devices to be readily visible to the attendant, or as approved by OSFM. Each emergency stop shall be identified by a sign on all-weather materials stating "EMERGENCY STOP" in 2 inch red capital letters.

e) Power for illumination of dispensing areas required by this Subpart B shall not be affected by activation of any of the electrical shutoffs when the illumination is located outside of hazardous (classified) locations or is intrinsically safe.

f) Resetting from an emergency stop activation shall require manual intervention by the owner or attendant and shall be accomplished only after the condition that caused the activation has been corrected.

g) All dispensing units shall be readily visible from the control station without assistive devices. However, as an alternative, in the event that the attendant's view of a dispenser is permanently obstructed, or if a dispenser is located so that activity at the dispenser is not readily visible, closed-circuit cameras that provide a view of each side of the dispensing unit and project an image on a screen at least 6 inches in diagonal located at the control station may be used. The cameras shall be allowed to sweep to provide a view of multiple dispensing locations, but must provide a view on the screen of each dispensing unit at least every 30 seconds. In lieu of the closed-circuit camera, the facility may elect to have an emergency stop that shall be located at least 20 and not more than 50 feet from the dispenser that has a permanently obstructed view. Using an emergency stop in lieu of the closed-circuit camera pursuant to this subsection (g) must be approved in advance by OSFM. If a closed-circuit camera or viewing screen is inoperable and cannot provide surveillance of dispensing units to the attendant at the control station, and an emergency stop has not been approved by OSFM and provided in lieu of the camera as provided in this subsection (g), self-service dispensing of fuel at these dispensers is prohibited.

h) The attendant shall at all times be able to communicate with persons in the dispensing area. For distances greater than 40 feet between the control station and the dispenser, a communication system audible to each dispensing area shall be required that allows the attendant to give instruction or warning to the customer.

i) All emergency stops shall be tested, and all shear valves visually inspected, at least annually to ensure that they are functioning properly and that the dispenser is mounted properly. Inspection should ensure that the shear valves are located ½ inch above or below grade; are securely mounted using a listed rigid anchor device; and the link arm functions when tripped, allowing the poppet valve to close freely. Upon completion of this testing and inspection, the owner/operator shall complete forms titled "Certification of Operational Testing of Emergency Stops" and "Certification of Annual Inspection of All Dispenser Shear Valves", available at the UST Applications and Forms page for the DPCS at https://sfm.illinois.gov/about/divisions/petroleum-chemical-safety/applications-and-forms.html. Documentation of annual emergency stop testing and shear valve inspection, using the OSFM forms, shall be kept at the motor fuel dispensing facility for 2 years and available for examination by a representative of OSFM. If documentation of annual testing of emergency stops is not available, the facility shall be subject to demonstration of this equipment during inspection by OSFM.

j) Attendants

1. At all times when an attended motor fuel dispensing station is open for public use, at least one attendant shall be on duty, and no motor fuel shall be dispensed at any time when the attendant is not at or near the control station or pump island. The attendant's primary duty shall be to supervise the dispensing of motor fuels, motor oils and services normally related to the dispensing.

2. The attendant shall refuse service to any person who is smoking or who appears to be unable to dispense fuel safely, and shall shut off the dispensing unit if a patron fails to follow instructions in compliance with OSFM administrative rules. It shall be the responsibility of the attendant to:

A) carefully observe the dispensing of liquids into vehicles and portable containers;

B) control or eliminate sources of ignition;

C) immediately notify local fire authorities of any product spilled;

D) take other appropriate actions to prevent ignition of accidental spills;

E) refuse service to any customer who appears to lack the ability to properly and safely utilize the equipment (e.g., intoxication, inability to place the nozzle in the gas tank receptacle, inability to follow written or oral instructions of the attendant, or the person is too young to be aware of the hazards and requirements for safe dispensing of motor vehicle fuels);

F) to inspect all portable containers for conformance with 41 Ill. Adm. Code 174.

k) All attendants and other employees of the motor fuel dispensing facility shall be thoroughly instructed in the location, operation and proper use of the communication system, control station, emergency stops, fire extinguishing equipment, operation of the dispensing units, and safety regulations for the dispensing of motor fuels. Upon request, all attendants shall demonstrate to OSFM their ability to use this equipment. Facilities that fail to instruct employees in these requirements shall be in violation and subject to enforcement action.

l) No dwelling unit or sleeping facilities of any kind for the owner, attendant or any person shall be permitted at a self-service motor fuel dispensing facility. This does not include dormitory facilities for use of drivers at truck stops, provided that the dormitories are in compliance with the applicable provisions of 41 Ill. Adm. Code 100.

m) Fire extinguishers shall be provided in accordance with 41 Ill. Adm. Code 174.350.

n) Signs giving instructions for the operation of dispensing equipment must be conspicuously posted on each dispensing island where self-service is offered.

o) Minimum Signage. Signs shall be provided that are clearly visible to all self-service customers. The signs shall be made of all-weather material and the lettering shall be not less than ⅞ inch high. The top of the signs shall be mounted no higher than 10 feet above grade, or at a height approved by OSFM, and shall include the following wording, at a minimum:

1. "Warning";

2. "Stop Engine";

3. "No Smoking";

4. "Persons fueling vehicles shall remain with their vehicle, at the nozzle, while fueling is in progress";

5. "It is unlawful and dangerous for anyone to dispense gasoline into unapproved containers".

p) Dispensing activity shall be limited to or supervised by persons old enough to hold a valid driver's license.

q) Collision Protection and Setbacks for LP Gas Storage Cabinets at Motor Fuel Dispensing Facilities.

1. LP gas storage cabinets (including cabinets for LP gas tank exchange for gas grills) shall comply with Section 8.4 of NFPA 58, incorporated by reference in 41 Ill. Adm. Code 174.210, and shall also provide collision protection that consists of one of the following options:

A) guardrails;

B) steel or concrete bollards;

C) raised sidewalks that are at least 5 inches tall at the face with the cabinet set up so the distance from the face of the raised sidewalk to the front of the cabinet is at least 40 inches. This measurement may also include an additional bumper guard to reach the required 40 inches. Raised sidewalks may also consist of curbs or parking bumper guards; or

D) any other arrangement certified by a Licensed Professional Engineer in accordance with national codes of practice and accepted engineering practices and approved in advance by OSFM.

2. LP gas storage cabinets (including cabinets for LP gas tank exchange for gas grills) shall comply with the following:

A) The distance of any LP gas storage cabinet from any opening into any building, including any doorway or window, shall not be less than 5 feet, or in the event there is only one point of egress out of the building, shall not be less than 10 feet.

B) The distance of any LP gas storage cabinet from any dispenser shall not be less than 20 feet.

History

• Source: Amended at 47 Ill. Reg. 6837, effective May 2, 2023

41 Ill. Adm. Code 175.220 Unattended Self-Service Motor Fuel Dispensing Facilities and Islands

Unattended self-service motor fuel dispensing facilities and islands shall comply with all of the requirements for attended motor fuel dispensing facilities and islands (see Section 175.210) with the additions and modifications provided in this Section. Requirements specific to control stations and attendants in Section 175.210 are not applicable to unattended facilities. If a motor fuel dispensing facility is to be operated as an unattended station during any portion of a day, it shall meet the standards for unattended operation.

a) Minimum Signage. Signs shall be posted in all-weather materials by each actuator (or at the dispenser if the actuator is an integral part of the dispenser) and the lettering shall be not less than ⅞ inch high. The top of the signs shall be mounted no higher than 10 feet above grade, or at a height approved by OSFM, and shall include the following wording, at a minimum:

1. "No smoking";

2. "Turn off engine";

3. "Containers for gasoline must be red";

4. "Containers for kerosene must be blue";

5. "It is dangerous and unlawful to fill unapproved containers with gasoline, diesel or kerosene";

6. "In case of fire or spill use EMERGENCY STOP located at…" (owner must insert the locations of the emergency stops);

7. "EMERGENCY STOP activation transmits a fire alarm to the fire department".

b) Easily accessible emergency stops must be provided at each dispensing island. Each emergency stop shall be identified by an approved sign on all-weather materials stating "EMERGENCY STOP" in 2 inch red capital letters. Combinations of dispenser islands where a master and corresponding satellite dispenser are used to fuel saddle tanks on trucks and similar vehicles shall be considered as being on one island so long as the piping and electronics are one integral unit and the satellite unit is controlled by the master dispensing unit. In addition, there shall be at least one emergency stop located at least 20 feet but not more than 100 feet from each dispenser. When more than one emergency stop is provided, all devices shall be interconnected so that activation of one emergency stop activates all the emergency stops. Stations with only one island may elect to utilize a single emergency stop located at least 20 feet but not more than 100 feet from each dispenser, or at a location approved by OSFM. A sign shall be placed at each emergency stop stating that activation of the emergency stop "transmits a fire alarm to the fire department". Resetting from an emergency stop activation shall require manual intervention by the owner or attendant and shall be accomplished only after the condition that caused the activation has been corrected.

c) Fire Alarm Systems

1. Activation of any emergency stop at the facility shall automatically transmit an alarm to local emergency fire services providers by sending a signal via one of the following mechanisms, which shall meet the requirements of NFPA 72:

A) Auxiliary alarm system;

B) Central station alarm connection;

C) Proprietary alarm receiving facility or system;

D) Remote station alarm connection; or

E) When the mechanisms in subsections (c)(1)(A) through (c)(1)(D) are not available, an alternate plan for notification of local emergency services meeting NFPA 70 and NFPA 72 and approved by OSFM in advance of the use.

2. The fire alarm system shall be installed, tested and maintained according to NFPA 70 and NFPA 72. The alarm system must also meet the alarm system requirements of subsections (h)(1)(C) and (h)(2)(D), including the requirement for an audible alarm when triggered.

d) All emergency stops shall be tested, and all shear valves visually inspected, at least annually to ensure that they are functioning properly and that the dispenser is mounted properly. Documentation of annual emergency stop testing and shear valve inspection shall be kept at the motor fuel dispensing facility and available for examination by a representative of OSFM. If documentation of annual testing of emergency stops is not available, the facility shall be subject to demonstration of this equipment during inspection by OSFM.

e) Actuators may use currency, coins, keys, cards or electronic means to activate dispensers and pumps.

f) Dispensing devices or actuators must limit the delivery of product in a manner that requires reactivation of the latch open (hold-open) device for any dispensing beyond the following amounts:

1. Motor vehicle fuels (Class I, II and III)

A) Class I liquids (gasoline, gasohol, ethanol, motor fuel blends) – maximum 100 gallons.

B) Class II and III liquids (diesel fuel) − maximum 250 gallons.

2. Kerosene (grade K-1 only) – 18 gallons.

3. Other Class I, II and III liquids – 6 gallons.

g) Except for farms, when kerosene is to be dispensed at unattended motor fuel dispensing facilities, only grade K-1 kerosene shall be dispensed.

h) All unattended motor fuel dispensing facilities shall have installed and maintained equipment and systems that meet the requirements of subsection (h)(1) or (h)(2), although local governments may require option (h)(1) or (h)(2):

1. Unattended dispensing areas for Class I, II and III liquid motor fuels utilizing this option shall be protected by an automatic fire suppression systems meeting the standards of UL 1254 and NFPA 17. If a fire suppression system meeting these requirements is installed, no fire extinguishers are required. In the event of a fire suppression system discharge, the fuel dispensing facility shall not be returned to service until the suppression system is recharged and fully operational in the area protected by the system. The fire suppression system shall, when activated:

A) Automatically activate an emergency stop that is equipped so that all fuel dispensing units and submersible pumps would be stopped by the activation.

B) Sound a local alarm notification device that is audible throughout the dispensing area and meets the requirements of NFPA 72.

C) Automatically transmit an alarm, through a system installed, tested and maintained according to NFPA 70 and 72, to local emergency fire services providers by sending a signal via one of the following mechanisms, which shall meet the requirements of NFPA 72:

i) Auxiliary alarm system;

ii) Central station alarm connection;

iii) Proprietary alarm receiving facility or system;

iv) Remote station alarm connection; or

v) Where the mechanisms in subsections (h)(1)(C)(i) through (iv) are not available, an alternate plan for notification of local emergency services meeting NFPA 70 and NFPA 72 and approved by OSFM in advance of the use.

D) Include extinguishing agent discharge nozzles mounted above dispensers and at or near ground level to discharge agent underneath vehicles being fueled.

2. Unattended dispensing areas for Class I, II and III motor vehicle fuels electing this option shall be equipped with portable fire extinguishers and a fire detection system located under a weather enclosure canopy (unless written documentation is submitted verifying that the detection system will operate properly without a canopy).

A) The system shall detect a fire in the dispensing area through the use of rate compensation, rate of rise or flame sensing detectors. The installation must meet the requirements of NFPA 72.

B) Activation of the system shall automatically activate an emergency stop that is equipped so that all fuel dispensing units and submersible pumps would be stopped by the activation.

C) Activation of the system shall cause the sounding of a local alarm notification device audible throughout the dispensing area and meeting the requirements of NFPA 72.

D) Activation of the system, which shall be installed, tested and maintained according to NFPA 70 and 72, shall automatically transmit an alarm to local emergency fire services providers by sending a signal via one of the following mechanisms, which shall meet the requirements of NFPA 72:

i) Auxiliary alarm system;

ii) Central station alarm connection;

iii) Proprietary alarm receiving facility or system;

iv) Remote station alarm connection; or

v) Where the mechanisms in subsections (h)(2)(D)(i) through (iv) are not available, an alternate plan for notification of local emergency services meeting NFPA 70 and NFPA 72 and approved by OSFM in advance of the use.

E) Fire extinguishers meeting the requirements of 41 Ill. Adm. Code 174.350 shall be installed and maintained at each island and at the emergency stop. Cabinets, or other enclosures for extinguishers, shall not require breaking of glass or other acts that could injure users attempting to access the extinguishers, though doors, panels and local alarm systems may be provided for these enclosures at the owner's option.

3. The annual system testing required under NFPA 17 and NFPA 72 must be documented and the documents regarding this testing kept at the facility or available within 30 minutes or before OSFM completes its inspection, whichever is later.

4. In meeting the requirements of subsections (c) and (h), facilities in existence as of September 1, 2010 shall have the option of complying with the editions of NFPA 17, NFPA 70 and NFPA 72 and UL 1254 incorporated by reference in 41 Ill. Adm. Code 174.210 or the OSFM alarm system and fire suppression and fire detection system requirements in effect at the time of their installation.

5. Any changes to either fire suppression or fire detection systems and related alarms require that the facility notify OSFM in writing at least 60 days in advance of the change.

i) At least once each year the facility shall verify that the alarm notification devices required under subsections (c) and (h) are working. The facility shall record the verification date and results on a record kept along with the other facility records.

History

• Source: Amended at 47 Ill. Reg. 6837, effective May 2, 2023

41 Ill. Adm. Code 175.230 Fleet Vehicle Motor Fuel Dispensing Facilities

Fleet vehicle motor fuel dispensing facilities shall comply with all of the requirements for unattended self-service motor fuel dispensing facilities in Section 175.220, except that the signs required under Section 175.220(a) and the fire detection and fire suppression systems required under Section 175.220(h) shall not be required. Automatic notification to local emergency fire services providers when the emergency stop is activated shall not be required so long as the facility is not open to the public for unattended dispensing at any time. Fleet facilities shall comply with requirements for portable fire extinguishers found in Section 175.220(h)(2)(E) and 41 Ill. Adm. Code 174.350. Other signage requirements under Section 175.220 shall still apply, along with the remainder of the requirements of Section 175.220.

History

• Source: Amended at 42 Ill. Reg. 10476, effective October 13, 2018

41 Ill. Adm. Code 175.240 Full Service Motor Fuel Dispensing Facilities and Islands

Full service motor fuel dispensing facilities and islands shall comply with all of the requirements for attended self-service motor fuel dispensing facilities in Section 175.210, with the following modifications or additions.

a) A control station and audible communication system shall not be required at a full service motor fuel dispensing facility or island. The attendant shall, however, at all times be able to communicate with persons in the dispensing area. Facilities with dispensers that are not on a full-service island remain subject to the requirements for attended facilities under Section 175.210 for the dispensers that are not full-service.

b) Minimum Signage. Signs shall be provided that are clearly visible to all full-service customers. The signs shall be made of all-weather material and the lettering shall be not less than ⅞ inch high. The top of the signs shall be mounted no higher than 10 feet above grade, or at a height approved by OSFM, and shall include the following wording, at a minimum: "No dispensing by anyone other than the attendant".

History

• Source: Amended at 47 Ill. Reg. 6837, effective May 2, 2023

41 Ill. Adm. Code 175.250 Marine Motor Fuel Dispensing Facilities

a) Marine motor fuel dispensing facilities shall be of the attended type only. Self-service is prohibited.

b) No vessel or marine craft shall be made fast to any other vessel or marine craft occupying a berth at a fuel dispensing location during fueling operations.

c) Smoking materials, including matches and lighters, shall not be used within 20 feet of areas used for fueling, servicing fuel systems for internal combustion engines, or receiving or dispensing Class I liquids.

d) The fuel delivery nozzle shall be put into contact with the vessel fill pipe before the flow of fuel commences and this bonding contact shall be continuously maintained until fuel flow has stopped to avoid possibility of electrostatic discharge.

e) At all marinas, clearly identified emergency stops that are readily accessible in case of fire or physical damage at any dispensing unit shall be provided on each marine wharf and located at least 20 feet but not more than 100 feet from each dispenser, or at a location as approved by OSFM. The emergency stops shall be interconnected to shut off power to all dispenser and submersible pump motors from any individual location. Each emergency stop shall be identified by an approved sign on all-weather materials stating "EMERGENCY STOP" in 2 inch red capital letters. Resetting from an emergency stop activation shall require manual intervention by the owner or attendant and shall be accomplished only after the condition that caused the activation has been corrected. A master electrical shutoff means an emergency stop.

f) All emergency stops shall be tested and all shear valves visually inspected at least annually to ensure that they are functioning properly and that the dispenser is mounted properly. Documentation of annual emergency stop testing and shear valve inspection shall be kept at the motor fuel dispensing facility and available for examination by a representative of OSFM. If documentation of annual testing of emergency stops is not available, the facility shall be subject to demonstration of this equipment during inspection by OSFM.

g) Minimum Signage. A conspicuous sign shall be made of all-weather material with prominent letters not less than ⅞ inch high. The sign shall be mounted no higher than 10 feet above the dispenser base, or at a height approved by OSFM, and shall be visible in all directions, stating "No dispensing by anyone other than the attendant".

h) Fire Extinguishers. Fire extinguishers shall be provided in accordance with 41 Ill. Adm. Code 174.350.

i) Spill containment shall be provided on docks adjacent to dispensers to contain spills that may occur during the filling of approved portable containers. Portable containers of 6 gallons or less shall be filled on the dock where spill containment is provided.

History

• Source: Amended at 42 Ill. Reg. 10476, effective October 13, 2018

41 Ill. Adm. Code 175.260 Miscellaneous General Operating Requirements

a) No motor vehicle or other craft shall be serviced with Class I, II or III fuel until motor and ignition have been shut off. Equipment or appliances utilizing pilot lights, arcing motors or similar devices shall be shut off (in addition to motors and ignitions) before servicing the vehicle.

b) No smoking shall be permitted in the dispensing and vehicle service areas at any time.

c) No open lights or flames shall be permitted on the premises, except in heating devices within station buildings.

d) Premises shall be kept neat, clean and free from rubbish or loose trash. Brush, debris, wood chips, mulch and other combustibles shall not be located within 10 feet of dispensing areas or dispensers.

e) Cleaning of station floors or premises with gasoline, naphtha or other Class I or Class II liquids shall not be permitted.

f) Kerosene dispensers installed after April 1, 1995 shall not be located on the same island or within 20 feet of any petroleum or hazardous substance dispensers. Labeling of kerosene dispensers shall comply with the Space Heating Safety Act [425 ILCS 65], including the following requirements:

1. where kerosene is offered for sale, a conspicuous notice shall be posted on all-weather materials and visible to all purchasers at the place of sale stating that the product is kerosene, and, in letters at least 3 inches in height, stating whether it is grade K-1 or K-2; and

2. where K-2 kerosene is sold, an additional notice shall be posted on all-weather materials adjacent to or immediately below any listing of prices stating the following in letters 3 inches in height: "This is grade K-2 kerosene and it is not to be used in portable unvented kerosene heaters".

g) All dispensing areas shall be provided with ample lighting.

41 Ill. Adm. Code 175.300 Permitted Ust Activity

Any UST activity or other permitted activity under this Section must comply with the following:

a) Permit Requirements

1. Prior to the onset of UST activity, a completed permit application, including fee payment of $200 per permitted activity, shall be submitted to OSFM.

2. A separate fee is required for each type of activity.

3. This fee is to be paid by check or money order made payable to "Office of the State Fire Marshal", or electronic payment via the UST contractor portal (at https://webapps.sfm.illinois.gov/USTPortal/Home/Login?ReturnUrl=%2fUSTPortal) and is to be from the licensed contractor obtaining the permit.

4. Only contractors currently licensed and certified in accordance with 41 Ill. Adm. Code 172 may obtain permits. Contractors are required to be OSFM licensed and have at least one employee doing the work who shall be certified under 41 Ill. Adm. Code 172 for the UST activity that is being performed. A UST contractor portal for the on-line submission of permit applications and the scheduling of permitted work can be found at the website cited in subsection (a)(3).

5. Only licensed contractors, their employees or subcontractors may perform the permitted UST activity in accordance with 41 Ill. Adm. Code 172.

6. Permit applications denied or rejected the second time will require a new permit application and submission of a new fee.

7. Permit applications and issued permits are not transferable.

8. The owner of the UST must be identified on the permit application.

9. No permit may be issued when the current owner listed on the application owes fees pursuant to 41 Ill. Adm. Code 176.450 or 176.455 until the fees are paid in full.

10. No permit may be issued for UST activity unrelated to correcting existing violations while the violations continue to exist on that same site.

b) No UST activity requiring a permit may proceed without a granted permit.

c) No UST owners or operators may perform any UST activity, unless the owner complies with the licensing and certification requirements of 41 Ill. Adm. Code 172.

d) UST activity performed that is not in compliance with the conditions of a permit issued to a licensed contractor, or false information supplied to obtain a permit, is cause for permit revocation, or suspension or revocation of the license of the contractor to perform any UST activity.

e) For purposes of this Section, the following terms shall be considered interchangeable or equivalent: "installer" and "replacer"; "install" and "replace"; "repairer" and "a person who upgrades"; "repair" and "upgrade"; "remover" and "a person who abandons-in-place"; and "remove" and "abandon-in-place".

f) Actions Requiring a Permit. A permit is required to do any of the following to USTs:

1. install new underground tanks or piping;

2. remove tanks or piping;

3. abandon-in-place a UST or piping;

4. upgrade;

5. repair, including replacing flex connectors, risers or vents. If the work performed on risers or vents is done as a result of water ingress or a failed tank precision test, a subsequent tank precision test shall be performed after the work is completed;

6. line a double-walled tank for compatibility purposes;

7. inspect linings;

8. emergency repairs;

9. repair, install or remove cathodic or corrosion protection, including on flex connectors;

10. perform any hot work on a UST;

11. installation, upgrade or removal of the following (except for any like-for-like replacements listed in subsection (g)):

A) leak detection systems (see Section 175.630(f), providing that existing interstitial monitoring sensors and systems cannot be removed);

B) spill containment at the tank or remote fills; and

C) overfill prevention equipment;

12. dispenser activity that triggers the requirement to install under-dispenser containment under Section 175.410(e) and any new dispenser location;

13. submersible activity that triggers the requirement to install a tank containment sump under Section 175.410(c);

14. electronic enhancement of an automatic tank gauge (ATG) that requires work within the ATG control module;

15. connection of a new or existing bulk load-out to a new or existing UST at a motor fuel dispensing facility; and

16. reclassifying a regulated interstitial sensor to a non-regulated interstitial sensor.

g) Actions Not Requiring a Permit

1. No permit is required to do like-for-like replacements for the following:

A) submersible pumps, if already equipped with a tank containment sump;

B) spill containment devices (insert replacements shall be at least 3.5 gallons capacity; newly installed spill containment devices shall be a minimum of 5 gallons capacity);

C) drop tube valves;

D) ATG probes;

E) mechanical line leak detectors;

F) electronic line leak detectors;

G) wireless electronic line leak detectors;

H) rectifiers;

I) interstitial monitoring sensors; or

J) replacement of the bolted-on top section of a shear valve only (replacement of an entire shear valve requires a permit and under-dispenser containment).

2. The exceptions listed in subsection (g)(1) are the only exceptions from the permit requirement. If the equipment is not present or another type of equipment is to be used, a permit shall be required. Any pipe or flex connector work requires a permit. However, merely disconnecting a fitting, coupling or union without replacing that fitting, coupling or union to accomplish the replacement of the like-for-like equipment on the list in subsection (g)(1) will not by itself trigger the requirement for a permit. Although a permit is not required for like-for-like replacements, the work must still be performed by a licensed contractor. When product piping is broken or disconnected to perform a like-for-like replacement, the piping line must be precision tested as tight prior to putting the piping line back into service. Replacing any of the equipment listed in subsection (g)(1) must be reported electronically, within 24 hours after the activity, to OSFM, on a Like-for-Like Replacement Report form provided by OSFM (available at the website cited in subsection (a)(3)), listing the make, model and manufacturer of the equipment as applicable, and indicating where the equipment is being installed. For a list of the types of OSFM permits required for specific permitted UST activities, see Appendix B.

h) Expiration and Extension of Permits. Permits expire 6 months from the date they are issued. The applicant may apply for additional 6-month extensions. Permit extensions that circumvent newly adopted technical requirements will not be allowed. If a party submits evidence of non-cancelable contracts executed in reliance on the permit sought to be extended, or if work has commenced, a party will not be viewed as circumventing the technical requirement. Each extension request must be submitted electronically or in writing before the permit lapses and must be accompanied by a $200 fee.

i) Amended Permits. Granted permits may be amended twice without a new application fee. For all permit amendments, each change that requires a new licensed contractor, more than minor changes to the site plan, or another engineering review to determine acceptability will require submission of a new permit application and $200 fee. Drawings related to any amendment must be submitted to OSFM with the amendment. Permit amendments that circumvent newly adopted technical requirements will not be allowed.

j) Site plans showing setback distances shall be submitted by the licensed contractor listed on the permit application, to OSFM, along with any motor fuel dispensing permit application required by Section 175.200. Site plans are subject to approval by OSFM before any new construction, addition or remodeling that alters building size, when encroachment on required setbacks would occur; dispenser locations; or locations or sizes of vehicle service area or storage tanks. Removals, lining and upgrades that involve replacing equipment with that of identical manufacture and model do not require submission of site plans.

k) Miscellaneous

1. In the event that equipment requiring a permit is installed without a permit or in violation of the terms of the permit, the owner/operator shall be required to do the following:

A) Hire an OSFM licensed contractor other than the person and company who did the unauthorized/non-permitted work.

B) Submit the proper permit application to OSFM and obtain approval from OSFM.

C) The work shall be uncovered as necessary to allow proper inspection of the UST installation or modification at issue and OSFM may require any changes necessary to bring the installation into compliance with 41 Ill. Adm. Code 160, 172, 174, 175, 176, 177 and 180.

D) If a safety issue is presented by the circumstances, a work site or UST may also be temporarily shut down to protect public safety.

2. When removed piping exceeds 20 feet or 50% of the total piping run at a site, both a removal and an upgrade permit are required. Whenever a removal permit is issued, a site assessment pursuant to 41 Ill. Adm. Code 176.330 is required as part of the removal work. When there are indications of a leak that are not contained to the UST system, owners and operators shall follow the procedures and requirements of 41 Ill. Adm. Code 176.Subpart C.

3. A valid permit does not remedy the technical compliance aspects of a violation until the work is completed and does not allow for any extensions of time for compliance. Completion of the work and a satisfactory OSFM final inspection does not preclude OSFM enforcement action against the person who illegally installed the equipment without a permit.

l) Permits for Marinas. Due to the unique characteristics of the site at marina locations, additional information will be required as specified in this subsection (l) and as determined to be necessary by OSFM.

1. Additional statements will be required as requested by OSFM to substantiate ownership or consent from authorities having jurisdiction over the waterway.

2. Site Plans and Drawings. Detailed site plans and drawings shall be supplied as requested by OSFM to show length, width, location and configuration of the dock, type of construction, dispenser location and dispensing area, along with profiles of the UST indicating differences in elevation between tanks, piping and dispensers showing all valves, manholes, sumps, location of leak detection equipment, anti-siphon devices, pressure relief valves, pipe chases, sewage lines, etc. High water, low water and normal pool elevations shall also be given in relation to tank, piping and dispensers, along with any pertinent site characteristics.

m) Permits for Abandonment-in-Place

1. An on-site waiver request or evaluation establishing the existence of at least one of the eligibility criteria of Section 175.840(a) shall be submitted by the OSFM-licensed contractor and must include accurate site plans. A complete plan or diagram of the area shall be provided and show the location of tanks, fill pipes, vent lines, sewers, streets, product lines, utilities and buildings. The facility name and location and the number and size of USTs involved shall also be included in the site plans.

2. A description of the specific inert material to be used shall be indicated on the permit application. Allowed inert material shall be limited to sand, gravel, clay, bentonite or inert material mixed with portland cement to increase flowability. The portland cement concentration may not exceed 50 lbs. per cubic yard of mixed material. Any other materials must be approved by OSFM during the permit process. Tripolymer foam may only be used on compartment tanks where at least 1 compartment is not being abandoned-in-place and will remain in use. If tripolymer foam is to be used, the permit application must include buoyancy calculations based upon the particular tripolymer foam to be used. Information must also be included that verifies the methods and materials that will be used to protect against UST floatation once abandoned-in-place. PEI/RP-100 addresses the issue of floatation and anchorage calculations that may be of assistance to the submitting contractor relative to determining ballast needs.

3. If the ability to abandon-in-place is questioned, a third‑party professional structural engineer may be used to determine the feasibility of removal in order to verify that the tank is or is not eligible to be abandoned in place under Section 175.840(a).

n) For permits applicable to mobile fueling sites and related contractors, see 41 Ill. Adm. Code 174.440 and 174.450.

History

• Source: Amended at 48 Ill. Reg. 12838, effective August 7, 2024

41 Ill. Adm. Code 175.310 Site Plans

When OSFM permit application forms indicate that permit submittals must be accompanied by site plans, the following shall apply:

a) Site plans shall be submitted simultaneously with associated permit applications and shall accurately reflect the scope and all components of the work involved.

b) Site plans shall be submitted by the contractor listed on the permit application.

c) Site plans shall be legible and sizes shall be 8½" x 11", 8½" x 14", 11" x 17" or electronic scans only; blueprints are not acceptable as site plans.

d) Site plans shall be drawn to an identified scale, or all dimensions shall be labeled to allow OSFM to determine compliance with applicable rules.

e) Site plans shall indicate or contain the following information:

1. The name of the OSFM-licensed contractor proposing the work;

2. The name and address of the facility where the proposed work is to occur, including the location of the proposed work with reference to city, village or town;

3. The plot to be utilized and its immediate surroundings on all sides. All property lines are to be designated and adjacent streets and highways shall be named, and legends or markings shall include a compass marking the directions of north, east, south and west;

4. The components of the installation as proposed, including tanks and their capacities, name and class of liquids to be stored, piping, pumps, dispensers, buildings and all UST equipment. When partial piping is being installed or replaced, show total length of the entire piping run and identify the specific length and location of the portion of the piping that is being installed or replaced;

5. Clearance from tanks and piping to property lines;

6. Clearances from tanks and piping to adjacent buildings;

7. Separation distance between USTs when more than one UST is present;

8. Location of driveways or paths for vehicle access;

9. Location of existing piping trenches not being reused, existing trenches being reused, and new trenches where new piping is being installed;

10. Location of electrical wiring and conduit, including an indication of the depth or elevation at which these components will be installed;

11. Location of basements, cellars or pits of buildings on the property or on adjacent properties, and location of tanks and piping to allow OSFM to ensure compliance with Section 175.430. If buildings on the property or adjacent property have no basements, cellars or pits, a notation to that effect shall be made on the site plan;

12. Location of sewers, manholes, catch basins, cesspools, septic tanks, wells or cisterns (whether on the property, on adjacent property or in adjoining streets, highways or alleys); whether the sewer is made of petroleum-resistant piping or material; and location of tanks and piping to allow OSFM to ensure compliance with Section 175.430. If there is no sewer, manhole or catch basin in a street or alley or no sewer, cesspool, septic tank, well or cistern on a property, a notation to that effect shall be made on the site plan;

13. Location of UST vent piping, vent termination points, and any other vent outlets required by Section 175.440, including a clear indication of the elevation of vent termination points;

14. Location of fill pipes, including remote fills, required by Section 175.445;

15. Ventilation methods for grease pits or other below-grade areas required by Section 175.450(f);

16. Location and form of all collision protection for dispensers and vent terminals; and

17. Any other information pertinent to the installation to ensure that OSFM plan reviewers can determine compliance with applicable rules.

f) In the event there is a delegation of authority to the City of Chicago to enforce UST rules and regulations, pursuant to the Gasoline Storage Act [430 ILCS 15/2], subject to the terms of the agreement, the City has the authority to modify this Section to change any reference to "Office of the State Fire Marshal" or OSFM to the appropriate City authority.

History

• Source: Amended at 42 Ill. Reg. 10476, effective October 13, 2018

41 Ill. Adm. Code 175.320 Scheduling of Ust Activity

a) All permitted activity shall be scheduled with OSFM. There are 2 sets of procedures for scheduling permitted activity, Operational Safety Inspection (OSI) or Performance Assurance Inspection (PAI). The procedures for scheduling OSI Activity (Date Certain) are set forth in subsection (c) and for PAI Activity (Date and Time Certain) are set forth in subsection (d). A licensed contractor shall have at least one employee certified for the UST activity for which the permit was issued actively supervising in person the UST activity being performed on the site. At all times during permitted activity, including at all STSS inspections, including any final inspection, there shall be an employee or individual contractor certified in the work to be done on the job site. Subcontractors are not "employees" for this purpose.

b) No permitted and scheduled OSI or PAI activity can be performed outside the schedule unless changes have been approved in advance by OSFM. Notice of cancellation must be received by OSFM no later than 6:00 a.m. of the scheduled date and the revised date of the work must be at least one complete working day after OSFM receipt of the revised job schedule request. The day of receipt is not included in the advance notice/receipt calculation. A new permit and fee will be required when there is a failure to meet any of the schedules. This includes not being present for inspection, not being completely ready for inspection, violation of any technical requirements for the permitted work, allowing permit to expire before completing the final inspection, or not canceling the job within the allowed time frame. Failure to meet the schedules also includes a failure to complete all UST work and site preparation necessary for the STSS inspection, including any necessary testing and related corrections, prior to the time the STSS is scheduled to first arrive. Upon these events, the permit is considered void and no work may commence until a new permit is issued and the work scheduled pursuant to this Section.

c) OSI (Date Certain) Activity. OSI activity includes UST installations, installation or removal of over 20 feet or 50% of the total piping run or an entire pipe run, tank removal, abandonment-in-place, lining and lining inspection, tank entry and any hot work. Regarding UST installation, scheduled OSFM inspections are required for an air test on the tank prior to installation, tank installation, air test on primary lines, air test on secondary containment, hydrostatic test on containments prior to backfill, and final inspection. Regarding installation of an entire pipe run, OSFM inspections are required for both the primary and secondary air test on the piping and a hydrostatic test on containments prior to backfill, and final inspection. Any additional inspection in follow-up to tank penetration via hot work, including a final lining inspection and tank precision testing, shall be scheduled as a PAI inspection. For a listing of OSI activities, see Appendix A to this Part.

1. For OSI activity, the licensed contractor shall have a granted permit before scheduling with OSFM to establish a specific date and time that is not less than one complete working day before the anticipated date of the permitted activity. A UST contractor portal for the on-line submission of permit applications and the scheduling of permitted work can be found at the UST Applications and Forms page for the DPCS at https://webapps.sfm.illinois.gov/USTPortal/Home/Login?ReturnUrl=%2fUSTPorta.

2. Only the licensed contractor or an employee of the contractor (this does not include subcontractors) may schedule the work with OSFM.

3. For OSI activity, the work will not be allowed to be done unless an STSS is on site.

4. At the final OSI (Date Certain) inspection on a lining, a licensed contractor representative is not required to be on site but scheduling of the final inspection is required.

d) PAI (Time and Date Certain) Activity. PAI permitted activity includes upgrades not involving piping installation, repairs not involving hot work, or cathodic protection activity. PAI activities will be scheduled for a period of at least 2 working hours (between 8:30 a.m. and 3:30 p.m. on State business days) and subsequent activities that interfere with the ability to inspect will not proceed until the time period is over. Tank and line precision testing and cathodic protection testing following permitted activity must be scheduled with OSFM pursuant to subsection (d)(2). For a listing of OSI activities, see Appendix A.

1. Permitted PAI Activity. The licensed contractor shall have a granted permit before scheduling the permitted activity with OSFM not less than one complete working day before the anticipated date of work. A UST contractor portal for the on-line submission of permit applications and the scheduling of permitted work can be found at the website cited in subsection (c)(1). The Division of Petroleum and Chemical Safety (DPCS) will transmit an e-mail confirmation of scheduling approval back to the contractor within one working day. Work shall not commence until the contractor receives this confirmation. Only the licensed contractor or an employee of the contractor (this does not include subcontractors) may schedule the work with OSFM.

2. Non-permitted PAI Activity. Non-permitted PAI activity includes tank and line precision testing and cathodic protection testing following permitted activity. The licensed contactor or contractor's employee shall schedule the activity with OSFM in advance of the anticipated work. Only the contractor or an employee of the contractor (this does not include subcontractors) may schedule the work with OSFM. A UST contractor portal for the on-line scheduling of non-permitted work can be found at the website cited in subsection (c)(1).

3. When only installing a bag, wristband or spike anode for cathodic protection in a containment sump, or a spill containment device with or without a riser replacement, or an overfill prevention device, or when an interstitial sensor is being reclassified from regulated to non-regulated, at the final PAI (Time and Date Certain) inspection, a licensed contractor representative is not required to be on site, but scheduling of the final inspection is required.

4. Any time an emergency repair permit is issued, the licensed contractor shall electronically schedule and complete the final inspection within 10 days after issuance of the permit.

e) UST Installation.

1. For all UST installations, the final inspection shall not be scheduled without prior submission of:

A) the completed electronic Notification for Underground Storage Tanks form and its accompanying Authorization to Submit (available at https://sfm.illinois.gov/about/divisions/petroleum-chemical-safety/applications-and-forms.html);

B) the completed OSFM on-line forms for all required testing; and

C) if applicable, the completed motor fuel dispensing permit application.

2. Other kinds of permitted work do not require submission of this Notification form.

f) There shall be no transfer or sale of product from a UST until the UST is in compliance with OSFM rules and any required final inspection has been completed. Any request to fill a required minimal amount of fuel necessary to perform compliance testing must be submitted electronically by an OSFM-licensed contractor and approved by OSFM in advance. A Drop Fuel Request form is available at the UST contractor portal at the website cited in subsection (c)(1). A depositor may make one deposit of a regulated substance to a newly installed or newly lined tank to provide ballast; that fuel shall not be sold or dispensed until the required decal is obtained.

History

• Source: Amended at 48 Ill. Reg. 12838, effective August 7, 2024

41 Ill. Adm. Code 175.330 Payment of 1988 Annual Ust Fee (repealed)

History

• Source: Repealed at 42 Ill. Reg. 10476, effective October 13, 2018

41 Ill. Adm. Code 175.400 Design and Construction of Usts

a) Tanks. Any newly installed or replaced underground tank shall be of double-wall construction and equipped with interstitial monitoring that meets the applicable requirements of Section 175.630(f) and 40 CFR 280.43(g) for all permits issued on February 1, 2008 and after. Third-party listed, factory manufactured, jacketed tanks having an interstitial space with interstitial monitoring shall be considered as meeting the double-wall requirement.

b) Each newly installed, replaced and existing tank shall be properly designed, constructed and installed in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory and third-party listed for its intended use. Any portion underground that routinely contains product shall be protected from corrosion. In addition, each tank shall meet one of the following requirements:

1. The tank is constructed of fiberglass-reinforced plastic.

2. The tank is constructed of steel and protected in the following manner:

A) Metallic tanks installed on or after April 21, 1989 shall be thoroughly coated on the outside with suitable rust-resisting dielectric material; and

B) All steel tanks shall utilize a cathodic protection system designed by a corrosion expert certified by NACE in cathodic protection design or by an Illinois Licensed Professional Engineer who has certification or licensing that includes education and experience in corrosion control of buried or submerged metal piping systems and metal tanks. If an impressed current system is selected, it must also be designed to allow determination of the system's operating status by means of permanently installed lights and gauges as required in Section 175.510.

3. The tank is constructed of steel and clad or jacketed with a noncorrodible material.

4. The tank construction and corrosion protection are determined by OSFM to be designed to prevent release or threatened release of any stored regulated substance in a manner that is no less protective of human health and the environment than this subsection (b). Before the installation of any tank, its construction and corrosion protection shall be submitted to OSFM, in writing, and is subject to written approval by OSFM.

c) Re-certified tanks shall satisfy the requirements of subsection (b), and, on or after February 1, 2008, shall be double-walled with interstitial monitoring; however, written proof of re-certification shall be submitted to OSFM. Re-certified tanks must be reinstalled within 6 months after removal or re-certification, whichever is sooner. Re-certified tanks must have a warranty remaining for at least 5 years. Re-certifications must be conducted by a Licensed Professional Engineer having expertise in UST design or the original tank manufacturer.

d) Any UST that fails to meet the criteria and requirements of Subparts D, E and F shall be removed within 60 days after receipt of a Notice of Violation requiring its removal. Field-constructed tanks and airport hydrant systems shall comply with Subpart I.

History

• Source: Amended at 42 Ill. Reg. 10476, effective October 13, 2018

41 Ill. Adm. Code 175.405 Spill Containment and Overfill Prevention Equipment

a) To prevent spilling and overfilling associated with product transfer to the UST, owners or operators shall use the following spill containment and overfill prevention equipment:

1. Both:

A) Spill containment equipment that will prevent release of product to the environment when the transfer hose is detached from the fill pipe (e.g., a spill catch basin). Spill containment equipment shall be maintained in a dry, clean state. Spill containment is subject to the following capacity and wall requirements depending on the date of installation:

i) Capacity requirement: On or after May 1, 2003, new or replaced spill containment equipment must have a minimum 5 gallon capacity, except that a third party listed replacement containment designed by the manufacturer to be inserted into an existing spill containment will be allowed as long as it has a minimum capacity of 3.5 gallons.

ii) Wall requirements: On and after May 1, 2023, all new or replaced spill containment equipment shall be of double-wall construction: single-wall horizontal cabinets shall be exempt from this double-wall requirement and may continue to be installed as single-walled; and

B) Overfill prevention equipment that alarms or shuts off flow as follows:

i) Drop tube overfill device: automatically shuts off flow into the tank when the tank is no more than 95% full;

ii) Ball float overfill device: alerts the transfer operator when the tank is no more than 90% full by restricting the flow into the tank;

iii) Ball float assembly present with ball removed only, with drop tube overfill device: automatically restricts flow to alert the transfer operator when the tank is no more than 90% full, for situations where a ball float valve has been disabled by removing the ball but the related piping remains; or

iv) Overfill alarm: alerts the transfer operator when the tank is no more than 90% full by triggering an audible and visual high-product level alarm; or

2. Provides alternative methods that are no less restrictive than subsections (a)(1)(A) and (a)(1)(B) and no less protective of human health or the environment, as approved in writing by OSFM.

b) Owners and operators of UST systems with spill and overfill prevention equipment must meet the requirements of subsections (b) and (c) and shall ensure the equipment is operating properly and will prevent releases to the environment. Spill prevention equipment (such as a catchment basin, spill bucket, or other spill containment device) must prevent releases to the environment by being tested at installation, immediately after any repairs, and at least once every three years to ensure the equipment is liquid tight by using vacuum, pressure or liquid testing in accordance with one of the following criteria:

1. Requirements developed by the manufacturer of the spill prevention equipment. Owners and operators may use this option only if the manufacturer has developed requirements;

2. Requirements developed by the manufacturer of the testing equipment; or

3. A hydrostatic test that meets the requirements of Section 175.410(j).

c) Overfill prevention equipment must be inspected at installation, immediately after any repairs, and at least once every three years, and the inspection shall meet the following criteria:

1. At a minimum, the inspection must ensure that overfill prevention equipment is set to activate at the correct level specified in subsection (a);

2. The overfill prevention equipment will activate when the regulated substance reaches that level; and

3. Inspections must be conducted in accordance with inspection requirements developed by the manufacturer.

d) Owners and operators must maintain the following records for spill prevention equipment and overfill prevention equipment:

1. All records of installation shall be maintained for the life of the equipment; and

2. All records of testing or inspection must be maintained for three years.

e) Ball float overfill devices for overfill prevention shall not be installed on new and existing UST systems after October 13, 2015. If an approved method of overfill prevention is not present on a UST when a ball float overfill device fails inspection, overfill prevention equipment meeting the requirements of this Section shall be installed.

f) A UST that is filled by transfers of no more than 25 gallons at one time shall require spill containment but does not require overfill prevention.

g) In addition to the requirements of this Section, used oil tanks shall be equipped with spill containment devices at all fill and retrieval points.

h) All testing and inspections required by this Section shall be performed:

1. By an OSFM-licensed contractor that has licensure in the installation/retrofitting or inspection and testing of UST equipment module; and

2. Using an employee of the OSFM-licensed contractor for testing or inspection who is certified in the installation-retrofitting or inspection and testing of UST equipment module.

i) The failure to have any functional overfill prevention equipment will result in the immediate application of a red tag to the USTs missing such equipment.

History

• Source: Amended at 47 Ill. Reg. 6837, effective May 2, 2023

41 Ill. Adm. Code 175.410 Submersible, Under-Dispenser, Transition and Other Containment Sumps

a) All containment sumps must consist of a factory manufactured containment that is liquid-tight on its sides, bottom and at any penetrations and is compatible with the substance conveyed by the piping. Such containment shall also have a factory manufactured protective cover and supporting components that are properly maintained. If the protective cover or its supporting components are cracked, deteriorated or missing, the cover and supporting components that are defective shall be replaced.

b) On or after May 1, 2003, a submersible containment sump must be installed at the tank on all new tanks with submersible pumps or American suction piping systems. European suction piping systems are not required to have this containment.

c) When an existing submersible pump is removed and replaced with another submersible pump, or when piping, flex connectors or other transitional components at the submersible pump are replaced, a submersible containment sump must be installed.

d) On or after May 1, 2003, under-dispenser containment must be installed on all new dispenser installations where there previously was no dispenser. European suction systems are not exempt from the requirement for under-dispenser containment. Under-dispenser containment must allow for visual inspection and access to the components in the containment system or be monitored every 30 days for leaks from the dispenser system.

e) Under-dispenser containment shall be required when:

1. Both the dispenser and the equipment needed to connect the dispenser to the underground storage tank system are installed at a UST facility. The equipment necessary to connect the dispenser to the underground storage tank system includes check valves, shear valves, unburied risers or flexible connectors, or other transitional components that are underneath the dispenser and connect the dispenser to the underground piping; or

2. Work is being done to replace or modify any components at or below the shear valve, regardless of whether the dispenser is replaced.

f) On or after October 13, 2028, containment sumps shall be installed where no sump currently exists.

g) If more than 20 feet or 50% of a pipe run is replaced, the appropriate containment required to make the associated interstitial monitoring functional (e.g., a tank containment sump, under-dispenser containment, or a junction sump) shall also be installed.

h) Water in Sumps

1. Sumps Without Interstitial Monitoring Sensors. If water is in a sump and it is in contact with bare metal piping or metal, including flex connectors, then corrosion protection, using impressed current, spike anodes, or wristband anodes with proper electrolyte, must be installed on the metal piping in accordance with Section 175.510. On or after October 13, 2028, cathodic protection in sumps shall be removed, as sumps must be maintained clean and dry as of that date.

2. Sumps with Interstitial Monitoring Sensors. Water that could interfere with the operation of double-wall interstitial monitoring systems or that is in contact with bare metal piping or metal, including flex connectors, shall be permanently removed and the source of ingress repaired. The sump shall be maintained so that, other than internal condensation, there is no water in contact with bare metal.

3. Requirement for All Sumps. In all cases, sumps shall be maintained and repaired using petroleum compatible materials as necessary so that, in the event of a release, product will not be leaked out of sumps via cracks, broken seals or other openings. On or after October 13, 2028, all sumps shall be maintained clean and dry.

i) Ban on Field-installed Spray-on or Pour-on Materials in UST Containment Sumps. All required containments shall be factory manufactured containments resistant to petroleum and chemical products. Field-applied spray-on or pour-on materials shall not be used in UST containment sumps. All repairs shall be made according to manufacturer's specifications. The application of any material shall not interfere with the normal operation of the shear valves or fusible links, or any equipment installed under dispensers or submersible pumps.

j) A hydrostatic or other manufacturer-required equivalent test will be performed on all containment sump installations and immediately after repairs (including all submersible, piping, transition and fill sumps, whether single-walled or double-walled) as follows:

1. All penetrations, including electrical, must be completed prior to testing.

2. Piping containment sumps are to be filled with water to a height that covers the highest penetration or sidewall seam by 4 inches.

3. Fill sumps (spill buckets) shall be filled to within 1½ inches of the top of the sump.

4. Minimal backfilling that may be necessary for support of the containment sump is allowed prior to the test.

5. Test duration is 30 minutes and performed under PAI Time and Date Certain requirements with no drop in water level of more than ⅛ inch.

k) All testing required by this Section shall be performed:

1. By an OSFM-licensed contractor that has licensure in the installation/retrofitting or inspection and testing of UST equipment module; and

2. Using an employee of the OSFM-licensed contractor for testing who is certified in the installation-retrofitting or inspection and testing of UST equipment module.

l) Owners and operators of UST systems with containment sumps used for interstitial monitoring of piping must meet these requirements for periodic testing and shall ensure the equipment is operating properly and will prevent releases to the environment by meeting one of the following:

1. The containment sumps used for interstitial monitoring of piping are tested at least once every three years to ensure the equipment is liquid-tight by using vacuum, pressure or liquid testing in accordance with one of the following criteria:

A) Requirements developed by the manufacturer of the containment sump. Owners and operators may use this option only if the manufacturer has developed testing requirements;

B) Requirements developed by the manufacturer of the testing equipment; or

C) A hydrostatic test that meets the requirements of subsection (j); or

2. A triennial alternative test procedure for containment sumps with sensors is allowed subject to the following requirements.

A) This alternative test procedure shall be conducted as follows:

i) Sumps shall be inspected and must be free of debris and liquids and obvious structural damage prior to testing;

ii) A liquid level sensor is mounted at the lowest point in the sump and a periodic test is performed by adding liquid to a point that will ensure activation of the sensor;

iii) The submersible pump automatically shuts off when liquid activates the sensor; and

iv) The level of liquid and type of liquid used to ensure activation of the sensor conforms to the sensor manufacturer's specifications.

B) Written documentation from the manufacturer detailing the minimum amount of liquid and the type of testing liquid required to activate the sensor must be provided when OSFM requests it.

C) The following conditions shall disqualify sumps from this testing method:

i) Sensors found to be raised out of the required position for proper activation shall trigger an NOV requiring hydrostatic testing above the highest penetration or seam for the containment sump in question, if the containment sump has been tested using the alternative test procedure in this subsection (l)(3); and

ii) Those sumps with obvious structural damage, such as cracks or breaks in the walls or floor of the containment sump, shall require repair or replacement. Containment sumps shall be tested pursuant to subsection (j) following repair or replacement of sump.

F) Containment sumps shall be inspected prior to testing. Sumps must be free of debris and moisture prior to testing, and those sumps with obvious structural damage, such as cracks or breaks in the walls or floor of the containment sump, shall require repair or replacement. Containment sumps shall be tested pursuant to subsection (j) following repair or replacement of the sump.

m) Owners and operators must begin meeting the requirements for testing in subsection (l) as follows:

1. For UST systems in use on or before October 13, 2015, the initial testing for containment sumps used for interstitial monitoring of piping must be conducted not later than October 13, 2018.

2. For UST systems brought into use after October 13, 2015, these requirements apply at installation.

n) Owners and operators must maintain the following records for containment sumps used for interstitial monitoring of piping:

1. All records of installation shall be maintained for the life of the equipment; and

2. All records of testing must be maintained for three years.

History

• Source: Amended at 47 Ill. Reg. 6837, effective May 2, 2023

41 Ill. Adm. Code 175.415 Ust Compatibility with Product Stored

a) Owners and operators shall use a UST made of or lined with materials that are compatible with the substance stored in the UST.

b) Owners and operators must notify OSFM at least 30 days prior to switching to a regulated substance containing greater than 10% ethanol, greater than 20% biodiesel, or any other regulated substance identified by OSFM, using an electronic Notification for Underground Storage Tanks form (available athttps://sfm.illinois.gov/about/divisions/petroleum-chemical-safety/applications-and-forms.html). In addition, owners and operators with UST systems storing these regulated substances must meet one of the following:

1. Demonstrate compatibility of the UST system by completing an on-line Blended Fuel Compatibility form at the website listed in subsection (b) (to include the tank and any internal lining materials, piping, containment sumps, pumping equipment (including submersible, suction and dispenser pumps, as well as attached hoses and nozzles), release detection equipment, spill equipment, and overfill equipment and, for USTs installed after October 13, 2018, any associated seals, gaskets and adhesives). Owners and operators may demonstrate compatibility of the UST system by using one of the following options:

A) Certification or listing of UST system equipment or components by a nationally recognized, independent testing laboratory for use with the regulated substance stored; or

B) Equipment or component manufacturer approval. The manufacturer's approval must be in writing, indicate an affirmative statement of compatibility, specify the range of biofuel blends with which the equipment or component is compatible, and be from the equipment or component manufacturer; or

2. Use another option determined by OSFM to be no less protective of human health and the environment than the options listed in subsection (b)(1). Demonstration of any such method shall be in writing submitted to OSFM. If the option is approved, the owner or operator shall comply with any conditions imposed by OSFM to ensure the protection of human health or the environment. Before the utilization of the option, OSFM shall issue written approval.

c) Owners and operators must maintain records in accordance with 41 Ill. Adm. Code 176.430 documenting compliance with subsection (b) for as long as the UST system is used to store the regulated substance. Documentation shall include a completed Blended Fuel Compatibility form, available at the website cited in subsection (b).

d) Existing USTs Previously Converted to a Blended Fuel (as defined in 41 Ill. Adm. Code 174.100). In those instances in which a blended fuel is being stored in an existing tank lined at any time, the lining material must be approved by OSFM based on information supplied by the manufacturer or a nationally recognized, independent testing laboratory, in accordance with the criteria identified in Section 175.500, as compatible with the blended fuel, or the owner/operator must remove the blended fuel from the tank. Existing field installed linings shall be allowed to remain if both the lining and all UST components are compatible with the product stored, but shall comply with the requirements of Section 175.500, including requirements for 5-year inspections by a licensed contractor. On or after May 1, 2023, new field-installed linings for compatibility purposes are only allowed for double-walled tanks equipped with interstitial monitoring. These provisions, allowing new linings for compatibility purposes on double-walled tanks equipped with interstitial monitoring only, shall not be used to circumvent prohibitions against lining tanks for purposes of corrosion protection or repair.

e) Blended Fuels and Compatibility. Materials and leak detection equipment that are listed as compatible with gasoline and/or petroleum diesel will be permitted to be used with gasoline/ethanol blends equal to or less than 10% ethanol or diesel/biodiesel blends equal to or less than 20% biodiesel.

History

• Source: Amended at 47 Ill. Reg. 6837, effective May 2, 2023

41 Ill. Adm. Code 175.420 Piping

a) Piping that routinely contains regulated substances and is in contact with the ground, backfill or water shall be properly designed, constructed and protected from corrosion in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory, shall be third party listed for its intended use, and shall also meet the requirements of one of the following subsections:

1. The piping is constructed of noncorrodible material.

2. The piping is constructed of steel and protected as follows:

A) The piping is coated with a suitable dielectric material, if installed on or after April 21, 1989; and

B) All steel piping utilizes a cathodic protection system designed by a corrosion expert certified by NACE in cathodic protection design or by an Illinois Licensed Professional Engineer who has certification or licensing that includes education and experience in corrosion control of buried or submerged metal piping systems and metal tanks. If an impressed current system is selected, it must also be designed to allow determination of system operating status by means of permanently installed lights, amp, volts and hour gauges as required in Section 175.510.

3. The piping construction and corrosion protection are determined by OSFM to be designed to prevent release or threatened release of any stored regulated substance, in a manner that is no less protective of human health and the environment than the requirements in subsections (a)(1) and (a)(2). Before the installation of any such piping, its construction and corrosion protection shall be submitted to OSFM, in writing, and OSFM shall issue written approval.

b) Installed underground piping shall be of double-wall construction and equipped with interstitial monitoring that meets the applicable requirements of Section 175.630(f) and 40 CFR 280.43(g) for all permits issued February 1, 2008 and after. When required to make interstitial monitoring functional, the appropriate containment (e.g., under-dispenser containment, tank containment sumps, or junction sumps) shall be installed. Any replaced piping that routinely contains product and exceeds 20 feet or 50% of the total piping run shall require the entire pipe run to be replaced with double-wall, monitored piping as required for newly installed piping. If the site has multiple distinct product pipe runs, only that specific piping run being replaced shall be required to be double-wall construction with interstitial monitoring installed in compliance with this subsection (b). Unless otherwise required by the manufacturer, the dispenser product piping sump jumper tubes shall be removed or the product piping test boots pulled back after testing to allow the interstice to be open to the sump sensors. European suction systems are exempt from the requirement for having double-wall product piping, as well as from the requirement for having interstitial monitoring.

c) Piping, valves and fittings for flammable liquids shall be designed for the working pressures and structural stresses to which they may be subjected and third party listed for their intended use. The application of any material shall not interfere with the normal operation of the shear valves, fusible links or any equipment installed under the dispensers or submersibles. They shall be of steel or other materials suitable for use with the liquid being handled.

d) All piping shall be located so as to be protected from physical damage. Pipe trenches and pipe installation shall meet manufacturer's specifications for depth, width, slope, spacing and placement of pipe. Joint adhesive and thread sealant shall meet manufacturer's requirements for the regulated substance stored and/or transported by the pipe.

e) Pressurized piping systems (including existing systems) shall also be equipped with automatic line leak detectors (see Section 175.640(a)). After installation, pressurized piping shall be air tested for 30 minutes at 1.5 times the working pressure or 50 psi, whichever is higher. Suction and vent piping shall be air tested at a minimum positive pressure of 7 psi or in accordance with the manufacturer's recommended procedures.

f) All steel risers, vents and fills in contact with the ground, backfill or water shall be dielectrically wrapped or coated.

g) Beginning May 1, 2003, a positive shutoff valve shall be installed on the product line at the submersible or at the tank for all suction systems on all new installations and when piping is replaced at existing sites and made accessible at grade. An extractor valve will be accepted on European suction instead of a positive shutoff valve.

h) Vent lines will be air tested from the tank to grade level at the time of installation. This test will be done at 7 psi minimum or at the pressure recommended by the manufacturer. This test will be performed at the time of the line PAI test.

i) The application of any material shall not interfere with the normal operation of the shear valves or fusible links, or any equipment installed under dispensers or submersibles.

j) Any time product piping is installed or broken for repairs, a precision test must be conducted before the piping is put back into service.

k) On or after May 2, 2023 any tank installation or replacement shall require replacement of any existing single-wall piping with double-wall piping with the exception of European Suction systems. On or after May 1, 2003, the new installation or total upgrade of product piping shall be double-walled for the entire length of that product line, with the exception of European suction systems.

l) Any UST that fails to meet the criteria and requirements of Subparts D, E and F shall be removed within 60 days after receipt of a Notice of Violation requiring that removal. Field-constructed tanks and airport hydrant systems shall comply with Subpart I.

History

• Source: Amended at 47 Ill. Reg. 6837, effective May 2, 2023

41 Ill. Adm. Code 175.425 Ust Wiring Procedures

a) Unless otherwise specified in this Section, all wiring at UST locations shall be in accordance with the Edition of NFPA 70 in force at the time of installation of the electrical equipment.

b) Wiring within 20 feet of tanks and product piping, dispenser pumps or product lines shall be installed in rigid metallic conduit, threaded steel conduit, or any petroleum or product resistant rigid nonmetallic conduit listed and manufacturer-approved for that use. Rigid nonmetallic conduit must have written verification of its approval for petroleum or other product use. The approval must be via manufacturer's certification or third-party listing and must be kept on site and must be submitted with any applicable permit application. Electrical conduit shall maintain at least 6 inches of separation from product piping to avoid damage from abrasion or stray electrical current and shall be routed in compliance with subsection (e) when it becomes necessary to locate electrical wiring in the same trench as product piping.

c) A minimum of 24 inches of cover is required over all UST wiring conduit. When rigid nonmetallic conduit is used, threaded rigid metal conduit or threaded steel intermediate metal conduit shall be used for the last 2 feet of the underground run to emergence or to the point of connection to the aboveground raceway.

d) Intrinsically safe wiring shall be in conduit when installed within Class I locations, as specified in NFPA 70. Caution shall be taken when grounding not to impair cathodic protection of metallic tanks or piping.

e) When locating electrical wiring in the same trench as the product lines, the conduit shall be positioned on either side of the product piping but not above or below the product piping. The electrical conduit shall cross over the top of any product piping whenever a crossover is necessary, unless all connections and fittings in the conduit run are liquid-tight. A minimum 6 inch separation shall be maintained at all times, even during a crossover. All crossovers shall be kept to a minimum.

f) All electrical power shall be shut off at the immediate location where installations, repairs or upgrades are in progress.

g) All electrical seal-offs are to be properly filled whether being used or for future use.

h) On or after October 13, 2018, all electrical conduit run to under-dispenser containment sumps shall enter the sump by going over the top of the side wall of the containment sump. No penetration of the under-dispenser sump by electrical conduit shall be allowed.

History

• Source: Amended at 47 Ill. Reg. 6837, effective May 2, 2023

41 Ill. Adm. Code 175.430 Clearance Required for Usts

a) Distance to Basements. No UST shall be less than 20 feet from any basement, cellar, pit or below-grade excavation on or off the property.

b) Distance to Sewers. Individual tanks and piping shall be buried so that the tops of the tanks and piping are lower than the bottom level of all sewers, manholes, catch-basins, cesspools, septic tanks, septic tank clean out stations, wells or cisterns within 20 feet, on or off the property, or tanks and piping shall maintain a full clearance of 20 feet. The term "sewer" includes sanitary and storm sewer lines out of motor fuel dispensing facilities and bulk facilities. These clearances shall not be required when a sewer line is constructed throughout of petroleum resistant piping.

c) Distance to Property Lines. Individual tanks shall be at least 20 feet to property lines unless these clearances on the side adjacent to a public street, alley or highway are waived by consent of the authority having immediate jurisdiction over the public street, alley or highway. In the event the clearances to property lines is waived by the consent of the authority having immediate jurisdiction over the public street, alley or highway, the required sewer clearances will be maintained.

d) Distance to Special Classes of Property. Tanks and dispensers shall maintain a clearance of not less than 300 feet to any mine shaft, air or escape shaft for any mine and 85 feet to any educational, health care or assembly occupancy, as defined in 41 Ill. Adm. Code 100. The distance shall be measured from the nearest points of tanks and pumps to the nearest points of buildings or shafts.

e) Tanks in service on October 1, 1985 (or after October 1, 1985 if approved by OSFM) may maintain existing underground tank clearances. Basements at motor fuel dispensing facilities existing on October 1, 1985 less than 20 feet from a UST shall be provided with mechanical ventilation. Only non-sparking explosion proof motors and compressors shall be permitted in these basements. Proof of compliance shall be submitted to OSFM.

f) Except for the 20-foot clearance distance to basements, the clearances required under this Section shall not be required when both tanks and piping are double-walled with interstitial monitoring. For these USTs, the minimum clearance shall be such as to avoid projecting loads onto underground sewers, utilities and other structures. The clearance must also be sufficient to ensure that site activity does not undermine the UST backfill materials (for example, pea gravel base) for any UST once in place.

History

• Source: Amended at 42 Ill. Reg. 10476, effective October 13, 2018

41 Ill. Adm. Code 175.435 Testing of Tanks or Lines

a) The use of air or non-inert gases to test underground storage tanks or piping containing, or that have contained, flammable or combustible liquids is prohibited.

b) Approved tank or line precision testing with inert gases (nitrogen and helium) may be utilized.

c) Prior to the precision test, preliminary air tests may be used for tanks cleaned and vapor freed for the purposes of testing manway coverplates or gaskets.

History

• Source: Amended at 42 Ill. Reg. 10476, effective October 13, 2018

41 Ill. Adm. Code 175.440 Venting of Tanks

a) Vents

1. Each tank shall be provided with a separate working vent pipe, connected with the top of the tank and carried up to the outer air. Except as allowed in subsection (b), manifolding of working vents is prohibited. The pipe shall be arranged for proper drainage to the storage tank, and its lower end shall not extend through the top of the tank for a distance of more than one inch; it shall have no traps or pockets. Float vent valve overfill devices are not considered an extension of the standard vent.

2. The upper end of the pipe shall be provided with an updraft vent device only, with 40 gauge screening. A pressure vacuum vent will meet this requirement.

3. The vent pipe shall be of sufficient cross-sectional area to permit escape of air and vapor during the filling operation and in compliance with NFPA 30, incorporated by reference in 41 Ill. Adm. Code 174.210, and in no case less than 1¼" in diameter. If a power pump is used in filling the storage tank, and a tight connection is made to the fill pipe, the vent pipe shall not be smaller than the fill pipe.

4. Exposed vents above grade must be of steel construction or other material as approved by OSFM during the permit process.

5. Vents attached to buildings shall be securely fastened to avoid damage from wind and testing procedures. When free-standing vents are installed, the vent pipes shall be capable of supporting themselves with respect to normal loads imposed by wind and testing procedures.

6. The vent pipe shall terminate outside buildings:

A) at a point not less than 12 feet above the adjacent ground level and not less than 5 feet, measured vertically and horizontally, from any window or other building opening, such as a basement, cellar, pit, ventilated soffit or air intake of any building;

B) in a location that will not permit vapors to accumulate or travel to an unsafe location, enter building openings, or be trapped under eaves, and that is at least 15 feet (4.5 meters) from powered ventilation air intake devices; and

C) in a manner so that the vent piping shall project above any canopy facia no less than 4 feet.

7. No vent piping is allowed inside buildings. Existing vent piping inside buildings may remain if approved, in writing, by OSFM.

8. Adequate collision protection to protect against physical damage shall be provided for vent piping.

9. Hazardous substance tanks shall be vented in accordance with a nationally recognized standard for the substance contained within the tank or as approved by OSFM to be no less protective of human health or the environment.

b) Exceptions to Ban on Manifolding Vents

Manifolded vents existing as of May 2, 2023 may be left in place, provided that the vents can be shown, by field verification, to comply with OSFM rules at the time of installation. On or after May 2, 2023, new manifolding shall not be allowed except as approved by OSFM based on a Licensed Professional Engineer's certified engineering plans submitted at the time of permit application.

History

• Source: Amended at 47 Ill. Reg. 6837, effective May 2, 2023

41 Ill. Adm. Code 175.445 Fill Pipes

a) Fill pipes shall be extended to a location outside of any building, as remote as possible from any doorway or other opening into any building, and in no case closer than 5 feet from any such opening. Remote fills are subject to approval by OSFM, on a case by case basis. Fill pipes for used oil tanks are permissible when located inside buildings.

b) Location shall be in a place where there is a minimum danger of breakage from trucks or other vehicles and adequate collision protection to protect against physical damage shall be provided.

c) For new and existing facilities, each fill pipe shall be closed by a gasketed screw cap or other tight fitting gasketed cap of a type that can be locked. It is the responsibility of the owner/operator to maintain the security of the UST.

d) Each loading pipe or fill pipe riser shall be identified by color code or labeling to indicate the product contained in the tank.

e) All remote fills installed after May 1, 2003 shall be double-wall and constructed of noncorrosive material or cathodically protected, except for gravity flow used oil.

f) After May 1, 2003, any new installation with a remote fill over 20 feet in length shall have interstitial monitoring and an audible and visible overfill alarm. Remote fills shall be sloped back to the tank.

g) Beginning February 1, 2008, on all new installations where non-metallic piping is used for a remote fill, a grounding station shall be installed and used during delivery.

h) Except for USTs holding used oil, all tanks shall be equipped with a drop tube that extends to within 6 inches of the bottom of the tank.

History

• Source: Amended at 47 Ill. Reg. 6837, effective May 2, 2023

41 Ill. Adm. Code 175.450 Pumps, Dispensers and Other Product Transfer Equipment

a) Pumps. Petroleum and hazardous substances shall be transferred from tanks by means of fixed pumps designed and equipped to allow control of the flow and to prevent leakage or accidental discharge. Systems that employ continuous air pressure on storage tanks in connection with gauging or venting devices are prohibited.

b) Gravity Flow Prohibitions and Precautions

1. Devices that discharge by gravity are prohibited and were to have been removed by January 1, 1986. The transfer of waste motor oil to or from USTs is not subject to the requirements for transfer by means of fixed pumps. Gravity transfer of waste motor oil is permitted. Gravity devices at motor fuel dispensing facilities, bulk facilities, motor vehicle repair shops and parking garages that are retained for their novelty or historical interest may be retained at the facility, but shall be rendered nonfunctional.

2. Where tanks are at an elevation that produces a gravity head on the dispensing device, the tank outlet shall be equipped with a device, such as a solenoid valve, positioned downstream as close as possible to the tank, installed and adjusted so that liquid cannot flow by gravity from the tank.

c) Siphon Bars. Siphon bars that are used to transfer petroleum and hazardous substances between tanks by means of gravity or negative atmospheric pressure shall be permitted subject to the following requirements:

1. The height of the tops of all tanks connected by the siphon bars shall be within 6 inches of each other;

2. Piping shall meet the requirements of Section 175.420; and

3. Release detection methods for tanks and piping shall be of a type approved for tanks connected by siphon bars, in accordance with Section 175.630.

d) Electrical Equipment and Requirements for Pumps and Dispensers. All pumps and dispensing devices for petroleum and hazardous substances and all connected electrical equipment shall be installed in accordance with Section 175.425. Dispenser discharge nozzles shall be constructed of nonferrous material or equipped with static wire hose.

e) Dispensers. All dispensers shall be required to comply with the following:

1. Under-dispenser Containment. Under-dispenser containment is required pursuant to Section 175.410.

2. Labeling. All dispensing devices used for drawing regulated substances from USTs shall be labeled in a conspicuous place with the name of the product.

3. Size Limits. With the exception of industrial or fleet facilities with no connection to any UST from which regulated products are sold at retail, dispensers shall not be connected, directly or indirectly, to any tank for which the total of all compartments is over 30,000 gallons capacity.

4. Hoses and Reels. Hoses shall be secured to protect them from damage. Mechanical retractable devices are required on dispenser hoses in excess of 18 feet in length. Hose length on mechanical retractors shall not exceed 50 feet without written approval of OSFM. Detection of any of the following conditions indicates permanent damage and shall require that the hose be replaced with the nozzle immediately bagged if any portion of the hose or nozzle is actively leaking:

A) hose cuts, abrasions or cracks in the hose cover that penetrates to the reinforcement;

B) blisters or loose cover;

C) soft spots in the hose, particularly adjacent to the coupling;

D) indication of coupling slippage or irregular coupling alignment; or

E) flattened or kinked hose resulting in permanent deformation.

5. Third-party Listed Latch-open Devices. When dispensing liquids into motor vehicle fuel tanks, dispenser nozzles shall be either manually held open or may be held open by a latch-open device that is an integral part of the listed nozzle assembly. An automatic self-closing type nozzle with a latch hold open device must be installed as an integral part of the listed nozzle assembly.

6. The dispensing nozzle must be an automatic closing type that has been tested and is third party listed for its intended use. Nozzles used to dispense diesel fuel at attended self-service and unattended self-service motor fuel dispensing facilities shall have large-diameter, "leaded" spouts to avoid dispensing diesel fuel into vehicles with gasoline tanks.

7. Prohibition on Unapproved Hold-open Devices. Temporary, portable or removable hold-open devices, including, but not limited to, plastic hooks, wires, wood blocks, gas caps and similar devices, shall not be used on dispenser nozzles. No person shall market, expose for sale, sell or distribute by any means whatsoever, in the State of Illinois, any temporary, portable or readily removable device designed or intended to be used for the purpose of holding open flammable or combustible liquid dispensing nozzles during dispensing operations at motor fuel dispensing facilities.

8. Requirements for a Secondary Means of Control. Any dispensing devices from which the flow of product is normally stopped by means other than by the closure of the nozzle valve shall further comply with either of the following:

A) The system shall be provided with equipment with a feature that causes or requires the closing of the nozzle valve before product flow may be resumed or before the nozzle can be replaced in its normal position in the dispenser; or

B) The nozzle valve latch-open device shall be removed.

9. Flow Shutoff

A) Hose nozzle valves shall be of the type that will close automatically, independent of the latch-open device, upon loss of pressure in the dispensing system. The latch-open device may only be engaged when the dispensing system is under pressure.

B) All dispensing devices shall be equipped with 2 methods of controlling the flow of fuel:

i) deactivation of the dispenser; and

ii) closing of the hand nozzle or some other secondary means to shut off flow.

C) The nozzle must be designed and maintained to cease the flow of product if the nozzle falls to the ground from the fill pipe of the motor vehicle being fueled.

D) A listed emergency breakaway device designed to retain liquid on both sides of the breakaway point shall be installed on each hose. If hoses are attached to a hose-retrieving mechanism, the listed emergency breakaway device shall be installed between the point of attachment of the hose-retrieving mechanism to the hose and the hose nozzle valve.

E) A control shall be provided that will permit the pump to operate only when a dispensing nozzle is removed from its bracket or normal position with respect to the dispensing device, and the switch on the dispensing device is manually activated. This control shall also stop the pump when all nozzles have been returned, either to their brackets or normal nondispensing position.

10. Rebuilt Hose Nozzles. Rebuilt hose nozzles may be used if they are listed for that purpose.

11. Spout Anchor Springs. Nozzles must be equipped with devices (e.g., wire or a spout anchor spring) designed to retain the nozzle spout in the vehicle fill pipe while refueling. These devices must be part of the listed nozzle assembly. The spout anchor spring shall be of the type recommended by the manufacturer of the hose nozzle valve and be installed and maintained in accordance with the manufacturer's recommendations.

12. Shear Valve. Pressurized piping systems require a listed rigidly anchored emergency shutoff (shear) valve installed per manufacturer's specifications in each supply line at the base of each individual dispenser. The valve shall incorporate a fusible link or other thermally activated device, designed to close automatically in the event of severe impact or fire exposure.

A) In addition to being rigidly anchored to structural supports, each shear valve shall also be:

i) Installed so as to align with the dispenser piping to avoid stresses on the connection between the shear valve and the dispenser supply piping;

ii) Installed so that the shearpoint of the valve is within ½ inch plus or minus of grade, with grade being the mounting plane of the dispenser base; and

iii) Installed so that the link arms can freely operate and the valve close without interference.

B) After October 13, 2018, any product piping manifolded beneath a dispenser must be manifolded so that each line connecting to dispenser supply piping is on its own separate shear valve.

i) Manifolding of piping under a dispenser shall not be done above a shear valve.

ii) Piping beneath a dispenser that was manifolded above a shear valve prior to October 13, 2018 may remain in that configuration until the piping is upgraded, provided that any single poppet shear valve beneath the dispenser is replaced with a double poppet shear valve. This shear valve replacement, if indicated, shall be completed by October 13, 2019. On or after May 2, 2023, manifolded piping above a shear valve must be removed upon dispenser replacement.

13. Collision Protection for Dispensers. All fuel dispensers shall be mounted or protected against collision damage by means of islands, posts or an equivalent means.

14. Secure Mounting of Dispensers. Dispensing devices shall be bolted to their mounting surface in accordance with the manufacturer's instructions.

15. Under-dispenser containments shall be factory manufactured and shall comply with the design requirements of Section 175.410(i).

f) Location of Pumps and Dispensers

1. Unless otherwise allowed under this Section or permitted at the time of installation, dispensers and pumps shall be located outside of buildings. Dispenser hoses shall not be able to reach to within 5 feet from any building or window or other building opening, such as a basement, cellar, pit, ventilated soffit or any air intake or exhaust of any building, and must be located to avoid pocketing of vapor or liquid. Dispensers installed after October 1, 1985 shall not be located below grade. A transfer pump is not considered a dispenser and may be located inside a pumphouse or industrial building. Bulk-load outs are not considered dispensing and shall comply with NFPA 30 (see 41 Ill. Adm. Code 174.310).

2. However, buildings used exclusively for fleet dispensing of motor fuels may house dispensers and dispensing equipment for combustible liquids (Class II and III) so long as the buildings and equipment are in compliance with NFPA 30A, NFPA 101, and NFPA 70, incorporated by reference in 41 Ill. Adm. Code 174.210. Such facilities shall also comply with all applicable OSFM administrative rules.

3. Indoor dispensing shall otherwise be allowed only if approved by OSFM in writing prior to November 29, 1993 and if the following requirements are met:

A) For dispensing units existing prior to September 15, 1978:

i) be separated from other areas by 2 hour fire resistive construction;

ii) be provided with a mechanical or gravity ventilation system electrically interlocked with the dispensing units so that the dispensing units cannot be operated, unless the ventilation fan motors are energized and operating. The system shall be upgraded to meet NFPA 30A not later than September 1, 2011; and

iii) have all openings beneath dispenser enclosures sealed to prevent the flow of leaking fuel to lower building spaces.

B) For dispensers existing as of October 1, 1985 and located within repair and parking garages:

i) be not below grade;

ii) be separated from motor vehicle repair areas, pits and basements by 2 hour fire resistive construction;

iii) be protected against physical damage from vehicles by mounting the dispensing unit on a concrete island or by equivalent means;

iv) be located in a position where the dispensers and pumps cannot be struck by an out-of-control vehicle descending a ramp or other slope;

v) be provided with an approved mechanical or gravity ventilation system, that shall be upgraded to meet NFPA 30A by not later than September 1, 2011; and

vi) be provided with a clearly identified emergency stop, readily accessible in case of fire or physical damage to any dispensing units to shut off the power to dispensing units and submersible pumps.

C) Existing dispensing units located below grade in repair and parking garages as of October 1, 1985 shall have independent mechanical ventilation systems and the entire dispensing area shall be protected by an automatic sprinkler system conforming to the requirements of NFPA 13, incorporated by reference in 41 Ill. Adm. Code 174.210. The sprinkler system shall be interconnected to an alarm system conforming to NFPA 72, incorporated by reference in 41 Ill. Adm. Code 174.210, and the sprinkler system shall be a wet system except in unheated areas. Facilities in existence as of September 1, 2011 shall have the option of complying with the Edition of NFPA 72 incorporated by reference in 41 Ill. Adm. Code 174.210 or the NFPA alarm and sprinkler system requirements in effect at the time of their installation.

i) The ventilation systems shall be electrically interlocked with the gasoline dispensing units so that the dispensing units cannot be operated unless the ventilation fan motors are energized and operating, and shall be upgraded to meet NFPA 30A by not later than September 1, 2011.

ii) Existing dispensing units located below grade within buildings shall also comply with subsection (f)(3)(B), as applicable.

4. Curb pumps or pumps located in any portion of a public street are prohibited, except that devices at motor fuel dispensing facilities, bulk facilities, vehicle repair garages and parking garages that are retained for their novelty or historical interest may be retained at the facility if rendered nonfunctional.

5. Dispensing devices at a motor fuel dispensing facility shall be located 10 feet or more from any property lines or buildings, so that all parts of the vehicle being served will be on the premises of the facility or garage.

History

• Source: Amended at 47 Ill. Reg. 6837, effective May 2, 2023

41 Ill. Adm. Code 175.455 Usts Inside or Under Buildings

a) The floor level under which a UST is located shall be above grade to prevent the flow of liquids or vapors into buildings, and the floors shall be of concrete or other fire resistant construction.

b) Beginning April 1, 1995, no buildings or structures shall be constructed on top of any UST, including any heating oil USTs and pre-'74 USTs. Beginning April 1, 1995, no new UST shall be installed under any building. Any existing USTs installed prior to April 1, 1995 that are located under buildings shall be located, with respect to existing building foundations and supports, so that the loads cannot be transmitted to the tank. Beginning April 1, 1995, no existing UST located under a building shall be replaced in a manner that will allow the tank or piping to be located under a building. If a building with a basement, cellar or excavation is removed, the basement, cellar or excavation shall be filled in prior to construction of any new building over the basement, cellar or excavation.

c) No USTs or dispensers containing motor fuel shall be installed inside buildings, except as authorized under Section 175.450(f).

d) No underground product piping connecting USTs or dispensers that contain fuel shall be installed or routed under buildings, structures or roadways after May 2, 2023, except that used oil UST piping with an inside fill may be permitted with OSFM approval signified on the applicable permit or as authorized under Section 175.450(f).

e) If OSFM determines that a release from a UST under a building or structure, including any heating oil UST and pre-'74 UST, poses a current or potential threat to human health and the environment, or any UST, including any heating oil UST and pre-'74 UST, is damaged or found damaged during excavation or other site activity, OSFM may require the UST to be removed.

History

• Source: Amended at 47 Ill. Reg. 6837, effective May 2, 2023

41 Ill. Adm. Code 175.460 Marinas

a) Dispensing equipment at marine motor fuel dispensing facilities shall comply with the requirements of Section 175.450(e), with the additions or modifications specified in this Section. Marine motor fuel dispensing facilities shall also comply with Section 175.250.

1. Dispensing devices at marine motor fuel dispensing facilities may be located on open piers, wharves or floating docks, on shore, or on piers of the solid-fill type and shall be located away from other structures to provide room for safe ingress and egress of craft to be fueled.

2. Under-dispenser containment shall be required for dispensers.

3. A mechanical return reel shall be required for hose lengths in excess of 18 feet. All hose shall be secured and protected from damage and shall not be permitted to lie in the water or on the ground in a manner that is unprotected from accidental damage.

4. Dispenser nozzles shall be of the automatic closing type; hold-open clips or devices shall not be allowed.

b) Piping and Shutoff Valves

1. Anti-siphon devices such as solenoid valves shall be required when the piping slopes downward from the tank.

2. Floating docks or structures shall require flexible lines from shore to dock. Suitable lengths of approved flexible hose may be employed between the shore piping and the piping on the floating structure, as made necessary by change in water level or shoreline. A listed breakaway valve shall be installed on shore where the piping approaches the dock or other floating structure. Any product supply line shall have secondary containment, and new installations must be double-walled with interstitial monitoring after April 1, 1995. Flexible connectors shall be required at dock hinge points for rigid primary.

3. All aboveground piping shall meet the requirements of UL 1369. Such piping shall also have proper hangers and mounts and be protected from physical damage.

4. Where stray electrical currents are encountered, piping containing liquids at marine motor fuel dispensing facilities shall be electrically insulated from the shore piping.

5. A readily accessible valve to shut off the product supply from shore shall be provided in each pipeline at or near the approach to the pier and at the shore end of each marine pipeline, adjacent to the point where a flexible hose is attached.

c) Leak Detection.

All pressurized piping systems shall be equipped with line leak detectors pursuant to Section 175.640.

History

• Source: Amended at 47 Ill. Reg. 6837, effective May 2, 2023

41 Ill. Adm. Code 175.465 Additional Requirements for Installation and Upgrade of Usts

Installation and upgrade of USTs shall be properly conducted in accordance with 41 Ill. Adm. Code 172, 174, 175, 176 and 177 and manufacturer's recommended procedures and instructions. In addition, the following requirements shall be adhered to:

a) Excavation for USTs shall be made with due care to avoid undermining of foundations of existing structures.

b) The UST site shall be prepared to ensure safe movement and installation of equipment and materials. Sloping, benching, stepping or shoring the sides of excavations shall be performed in compliance with OSHA requirements under 29 CFR 1926.

c) Upon delivery at the installation site, tanks and piping shall be inspected to detect any evidence of damage to coatings or structure.

d) Upon discovery of any damage to tanks or piping, repairs shall be made in accordance with 41 Ill. Adm. Code 172, 174, 175, 176, and 177 and manufacturer's instructions.

e) Equipment shall be provided with sufficient lifting capacity to unload and place USTs into the tank excavation. The tank shall be placed in the excavation with care, since dropping or rolling the tank into the excavation can break a weld, puncture or damage the tank, or scrape off the protective coating of coated tanks. Tanks shall not be rolled, dropped or dragged.

f) Tanks shall be set on firm foundations and surrounded with at least 12 inches of noncorrosive inert material such as clean sand or gravel, well-tamped in place.

g) USTs shall be installed to safeguard against movement by anchoring in accordance with manufacturer's instructions.

h) Unless otherwise prescribed by the manufacturer's recommended installation procedures, steel tanks shall be covered with a minimum of 3 feet of approved backfill material. USTs existing on October 1, 1985 shall be buried so that the tops of the tanks will not be less than 2 feet below the surface of the ground or shall be under at least 12 inches of approved backfill material and a slab of reinforced concrete not less than 4 inches in thickness; the slab shall be set on a firm, well-tamped earth foundation and shall extend at least one foot beyond the outline of the tank in all directions. When asphaltic or reinforced paving is used as part of the protection, it shall extend at least one foot horizontally beyond the outline of the tank in all directions.

i) Tank to tank separation distance shall be a minimum of 24 inches for all tanks installed after May 1, 2003.

j) There shall be a minimum of 2 manufactured slotted or perforated observation wells of at least 4" diameter installed in each new tank field of tanks larger than 1,000 gallons and one well for 1,000 gallon tanks or less and shall have 2 wells for fields with more than one tank. They shall be placed at opposite ends or opposite corners one foot below the invert elevation of the lowest UST. Lids shall be securely protected against unauthorized activities. Only one well will be required if groundwater flow direction can be proven and that proof is supplied at the time of permitting and the well is then installed in the downstream location.

k) Metallic tanks and metallic piping shall not be backfilled with cinders or other material of corrosive effect. Corrosion protection shall be provided in accordance with Section 175.510.

l) Before the final inspection, but after the UST system has been installed, connected, backfilled and covered, tank and line precision testing shall be done on the entire UST system. Passing test results from the tank and line precision tests shall be available for the inspector to verify at the time of the final inspection.

m) Any work performed in or around the excavation area must stop at sunset unless adequate lighting is provided.

History

• Source: Amended at 47 Ill. Reg. 6837, effective May 2, 2023

41 Ill. Adm. Code 175.500 Interior Lining and Lining Inspection of Usts

a) Tank Lining Requirements. Lining of tanks shall no longer be allowed for all permit applications received on or after January 1, 2011. Existing lined tanks shall be allowed to use lining as a primary method of corrosion protection only if the tanks continue to pass the lining inspections as provided in this Section. Tanks failing to pass the lining inspection criteria will not be allowed to be touched up, repaired, totally relined or put back into use and shall be placed out of service immediately and decommissioned within 60 days after the lining inspection. As an alternative to decommissioning after a tank fails an internal lining inspection, that tank may be upgraded by installing a self-structural tank provided the tank material and installation procedure are third party listed for its intended use, and shall meet all other requirements of OSFM rules. Installation shall meet all requirements of the UL 1316 certification and the installer's recommended procedures and instructions, as well as established industry guidelines. The upgrade shall require submission of an OSFM Upgrade permit application within 60 days after the failed lining inspection, and the work may only be performed by an OSFM-licensed contractor in accordance with 41 Ill. Adm. Code 172. The permit application shall be accompanied by either a passing tank precision test report or a site assessment report based on soil borings taken around each tank being upgraded. This kind of upgrade shall be designated as an OSI activity that may not proceed without the presence of an STSS on site. If the upgrade permit application is not submitted within 60 days after the failed lining inspection, any tank that failed its lining inspection shall be decommissioned.

1. The manufacturers of materials used to line tanks for the storage of petroleum or hazardous substances shall certify compatibility of the lining material with products to be stored by submitting to OSFM data as required by Section A4.6 of NLPA 631. On or after May 2, 2023, only tanks that are double-walled and equipped with interstitial monitoring may be lined for purposes of compatibility. Testing and inspection of linings and lining materials shall meet the specifications and procedures required by NLPA 631.

2. Interior Lining Procedures. Tanks that are double-walled and equipped with interstitial monitoring may be lined only once by following the steps outlined in this Section.

A) Tank Entry. Before entering tanks, the procedures described in API 2015, incorporated by reference in 41 Ill. Adm. Code 174.210, shall be complied with. These requirements include checking the oxygen content inside the tank with a properly calibrated oxygen monitor. At all times, personnel entering the tank shall be equipped with positive pressure air supplied equipment with full face enclosure and safety harness connected to a safety line held by an attendant located outside the tank and using a tripod with a mechanical winch adequate to lift the person and equipment working inside the tank. Oil and water resistant rubber or neoprene boots and gloves shall be worn. Clothing shall cover the arms, legs, torso and head of tank entry personnel. Disposable clothing, impervious to product, is preferred. Clothing saturated with product shall be removed immediately upon departure from the tank. Tests with the combustible gas indicator and oxygen monitor shall be performed periodically in the tank to ascertain that the tank vapors and oxygen content are in the safe range. It shall be recognized that if the tank is perforated, product or vapors that have leaked into the soil may re-enter the tank through a perforation. The vent line shall remain clear and unobstructed to allow continuous ventilation. All other lines and openings shall be plugged or capped off to insure no liquids or vapors may enter the tank during the lining operation.

B) Structural Criteria. Prior to the application of lining, a structural criteria inspection shall be performed and the results of that inspection documented, as to whether the tank or tanks to be lined meet each of the structural criteria to be eligible to be lined pursuant to NLPA 631, and this subsection (a)(2)(B). The records from the structural criteria inspection shall be retained by the owner/operator for the life of the tank. Lining of tanks shall not be allowed if:

i) The shell or heads are more than 2% out of round;

ii) The shell or heads have one or more flat spots that have a cross measurement greater than the radius of the tank endcap;

iii) The shell or heads have any dent with a cross measurement greater than the radius of the tank endcap;

iv) The shell or heads have any dent that protrudes into the tank a distance greater than one inch for every foot of tank radius;

v) The shell or head has any seam split greater than ½ inch wide or 1/6 of the circumference of the tank in length;

vi) The unrepaired shell or head thickness is less than 75% of the original tank thickness;

vii) The number of perforations, not larger than ½ inch, per 500 square feet of tank exceeds the limits in Table A10.4.2.4 of NLPA 631; or

viii) There are any welded repairs on the inside of the tank.

C) Application of Lining. Prior to the application of lining material, a ¼ inch steel reinforcing plate rolled to the contour of the tank and with minimum dimensions of 8 inches by 8 inches shall be installed under the fill (drop) tube and gauging tube. This plate shall be covered with fiberglass cloth embedded in resin. The blast-cleaned surface shall be coated within 8 hours after blasting and before any visible rusting occurs. Only those lining materials meeting the specifications in API 1631 and NLPA 631 shall be used. Manufacturer's instructions are to be complied with on handling and mixing of resin compounds, and these compounds shall be applied to the entire interior surface of the tank by the manufacturer or the manufacturer's designated distributor following the specified method of application, to the designated thickness and at the recommended application temperature. If a heater is used to accelerate the curing process, all other work which might release flammable vapors shall be halted, and the heating unit shall be attended whenever it is in operation. The coating shall be cured thoroughly to the manufacturer's specifications and checked for air pockets and pinholes using a holiday detector. If any exceptions are found, they shall be repaired to manufacturer's specifications. The licensed contractor shall protect the coated surfaces from contamination by foreign matter. The coating thickness shall be checked with an Elcometer Thickness Gauge or equivalent and tested for hardness using a Barcol Hardness Tester or equivalent to ensure compliance with manufacturer's specifications.

D) Tank Closing. If a tank has been previously lined and passes its internal inspection, the following may be done in lieu of the manway requirements of subsection (a)(2)(E):

i) A ¼ inch thick steel cover plate, rolled to the contour of the tank, shall be made to overlap the hole at least 2 inches on each side (e.g., should measure at least 26 inches by 26 inches, if manhole was cut 22 inches by 22 inches);

ii) The cover shall be used as a template to locate ¾ inch diameter holes not exceeding 5 inch centers, one inch from the edge of the cover;

iii) The cover plate shall be sandblasted to white metal on both sides, and the entire inside surface shall be coated with coating material to act as a gasket;

iv) After being bolted to the tank, the cover plate and surrounding tank surface shall be properly sandblasted, coated with coating material and allowed to cure before backfilling the hole;

E) Tank Closing after Entry Procedures. When a tank is being lined the following shall apply:

i) Attach a manway no less than 18 inches in diameter that fits the contour of the tank. This manway shall be surrounded with self-supporting material and be accessible from surface grade.

ii) The manway shall be used as a template around which will be located ¾ inch diameter holes, 5 inches apart from center to center, one inch from the edge, and overlapping the entry hole at least 2 inches on each side, or welded in place if soil conditions will allow (no contamination is present). The lining material shall extend into the neck of the manway.

F) Tank Lining Shall Conform to NLPA Standard 631. Original field notes documenting that the pre-lining inspection and tank lining application process complied with the requirements of NLPA Standard 631 shall be kept by the owner/operator for the life of the tank.

G) Within 5 years after lining, and every 5 years thereafter, the lined tank shall be internally inspected and found to be structurally sound with the lining still performing in accordance with original design specifications. An interior lining inspection permit under Section 175.300 must be obtained to do an internal inspection. The results and data from the lining inspection, including whether the tank passed or failed, shall be kept by the tank owner for the life of the UST. The licensed contractor shall notify STSS of any tanks that fail the lining inspection prior to STSS leaving the UST site.

3. Internal Lining Combined with Cathodic Protection. Some tanks may exist that were previously upgraded by both internal lining and cathodic protection. Such tanks were to be inspected for both the internal lining and the cathodic protection within 90 days after the upgrade and must continue to be maintained by regular inspections of the cathodic protection system pursuant to the requirements of Section 175.510.

b) Within 5 years after initial lining or total subsequent lining of a tank, a physical internal inspection shall be performed as follows:

1. The procedures for tank lining in subsection (a) shall be followed while entry is made into an existing UST for internal inspection purposes.

2. Once a UST has been entered, a visual inspection of the lining shall be made. The lining shall be visually inspected for obvious evidence of peeling, blistering, surface wrinkling or roughing of the lining material. No repairs of any kind to existing linings will be allowed.

A) Testing shall be done to check the thickness of the shell and heads of the tank. The average metal thickness shall be at least 75% of the original tank metal thickness. Ultrasonic testing shall be done in accordance with Chapter B7 of NLPA Standard 631.

i) Tanks not meeting the wall thickness requirements shall be condemned and not put back into service as referenced in Section B8.1 of NLPA 631.

ii) No welding or cutting will be allowed inside the tank.

B) After a lined tank passes both the visual and the tank wall thickness test, it must be tested for holidays (air pockets) in the lining material. This test shall be performed using a holiday detector with a silicon brush electrode or other acceptable instrument to ensure the integrity of the lining material. The internal inspection holiday test shall be conducted at a rate of at least 100 volts per mil of nominal lining thickness, but in no case less than 12,500 volts or more than 35,000 volts. Tanks needing repairs shall be placed out of service pursuant to subsection (a).

C) If all previous testing ensures the integrity of the lining, it shall then be tested for hardness. Lining hardness test shall be performed using a Barcol Hardness Tester or another acceptable instrument to determine that the lining was properly cured when installed or that it has not been affected by the product stored. The overall hardness must meet the lining manufacturer's specifications for the product stored. In the event that some areas pass the hardness test and other areas fail the hardness test, the tank shall be placed out of service pursuant to subsection (a).

D) The final test to verify that an existing lining still meets the manufacturer's original specifications shall determine the thickness of the coating. The entire interior tank lining wall surface shall be no less than 100 mils thick with a nominal (i.e., approximate) thickness of 125 mils. If any areas of the existing coating do not meet the 100 mils minimum thickness requirement, the tank shall be placed out of service pursuant to subsection (a).

E) Where applicable, interior inspections of lined fiberglass tanks shall be the same as lined steel tanks, except testing will not be required for tank thickness and for holidays in the lining material.

3. During the Operational Safety Inspection, the licensed contractor will not be allowed to either cut a new access hole into the tank, nor break open an existing entrance patch until all the required testing equipment is on site. The OSFM inspector must be on site before work may commence.

4. The entrance manhole, hole or patch opening shall be closed and sealed. When a bolted manway is to be installed as a new access opening for future access use, an upgrade permit will be required to make this type of improvement to the tank. No upgrade permit will be required if a manway is installed in conjunction with a lining permit or lining inspection permit, with manholes bolted to the tank top only in conjunction with an inspection, so as not to damage the existing lining.

5. All completed forms required by NLPA 631 shall be kept by the owner for the life of the UST.

6. Every 5 years after the initial 5 year internal inspection, the tank must be reinspected. This can be done by a physical inspection or by another method approved by OSFM.

c) UST lining and internal inspections shall meet the following OSFM requirements:

1. Secure proper permitting and obtain OSI schedule.

2. The licensed contractor shall present to OSFM inspector the OSHA Confined Space Entry permit for this job at the time of tank entry.

3. All monitoring equipment shall be maintained according to manufacturer's specifications.

4. Establish an exclusion zone, approved by the on-site STSS, within which any ignition source shall be prohibited. The use of spark producing/non-explosion proof equipment is prohibited in the vapor hazard area prior to attaining the LEL/oxygen levels required in subsection (c)(7).

5. USTs to be entered shall be isolated from all distribution lines, siphons, manifolds and manifold vent systems.

6. Remove all liquids from the tank using explosion proof pumps or hand pumps.

7. The tank atmosphere and the excavation area shall be regularly monitored, with a combustible gas indicator, for flammable or combustible vapor concentration. Monitoring of the UST shall be done at 3 levels in the tank: top, middle and bottom. Lower explosive limits (LEL) of 5% or less, or oxygen of 5% or less, shall be attained.

8. Except as otherwise provided in this Section, vapor freeing shall be done in accordance with API 1631 Section 2.4, incorporated by reference in 41 Ill. Adm. Code 174.210. Dry ice shall not be allowed as a method of inerting tanks. All inductors and diffusers must use metallic pipe. When vapor freeing the tank with compressed air or using inert gases under pressure, all devices shall be bonded to the tank, and the tank shall be grounded to a separated ground. Except when using liquid nitrogen, when using inert gases, the cylinder shall be equipped with a pressure gauge, so that no more than 5 psi can be discharged into the tank during vapor freeing procedures. To ensure and maintain proper grounding and bonding, the connections shall be tested by the contractor for continuity. This testing shall be done with equipment designed for continuity testing.

9. The STSS shall be on site before venting, cutting, cleaning or entry operations may proceed.

10. If no access exists, an opening with the minimum dimensions of 18 inches by 18 inches shall be cut in the top of the UST using non-sparking equipment in preparation for a manway. All installed manways must be accessible from surface grade by way of a non-collapsible structure.

11. Personal protective equipment shall be in accordance with API 1631.

12. Cutting, cleaning and application of lining material shall be done in accordance with manufacturer's specifications and OSFM requirements.

13. For performing internal inspections, once a tank has been reclassified as a non-hazardous confined space, a positive flow of fresh air must be supplied into the tank in lieu of supplied air and continuous monitoring must be performed during the operation

d) The following testing and records requirements shall apply to all tank lining and lining inspections activity:

1. It shall be the responsibility of the lining contractor to have a precision test performed within 3 days after the lining or lining inspection procedure completion and before the tank is put back into use and to submit the results to OSFM within 3 days after a failed test, on forms provided by OSFM (available at https://sfm.illinois.gov/about/divisions/petroleum-chemical-safety/applications-and-forms.html). This precision test shall be performed any time a UST is entered to install a manway, install a cover plate after lining, do an internal inspection of the tank, or penetrate the tank for any lining or lining inspections purpose.

2. Lining inspections records shall be maintained for the life of the UST, and the most recent inspection record shall be kept on site pursuant to Section 175.650(e). The results and data from the lining inspection, including whether the tank passed or failed, shall be kept by the owner of the tank for the life of the UST.

History

• Source: Amended at 47 Ill. Reg. 6837, effective May 2, 2023

41 Ill. Adm. Code 175.510 Corrosion Protection

In all situations, no matter which method is used to assess the integrity of the tank prior to addition of cathodic protection, the cathodic protection system being field installed in Illinois must be designed by a corrosion expert who is NACE certified in cathodic protection design or by a Licensed Professional Engineer with the state who has certification or licensing that includes education and experience in corrosion control of buried or submerged metal piping systems and metal tanks. Those contractors installing the cathodic protection systems in Illinois must be licensed as cathodic protection installers. These contractors must successfully pass the International Code Council (ICC) certification exam module for cathodic protection.

a) Cathodic Protection. A tank may be upgraded by cathodic protection if the cathodic protection system meets the requirements of 41 Ill. Adm. Code 172, 174, 175, 176 and 177, and the integrity of the tank is ensured using one of the following methods:

1. To be suitable for upgrading by cathodic protection, the integrity of the tank must be ensured by one of the following methods:

A) For tanks installed for less than 10 years, one of the following requirements applies:

i) The tank is internally inspected and assessed to ensure that the tank is structurally sound and free of corrosion holes prior to installing the cathodic protection system. Two tank precision tests must also be conducted that meet the requirements of OSFM precision tank testing. The first precision test shall be conducted prior to the installation of the cathodic protection system. The second precision test shall be conducted between 3 and 6 months following the first operation of the installed cathodic protection system. Both precision tests must indicate tightness of the tanks; or

ii) Use of alternative methods approved by OSFM. These acceptable alternative methods are indicated in subsection (a)(1)(B) for tanks that are over 10 years old.

B) For tanks installed for more than 10 years, the following methods apply:

i) An invasive inspection method that ensures the tank is internally inspected and assessed to ensure that the tank is structurally sound and free of corrosion holes prior to installing the cathodic system. The internal inspection procedures shall follow the requirements of NLPA 631;

ii) An invasive remote video camera test is conducted prior to the installation of the cathodic protection system. The video system must be capable of recording a video survey of the interior surface of the tank with a suitable lighting source; or

iii) The tanks are assessed for corrosion holes by other methods determined by OSFM, to prevent releases in a manner that is no less protective of human health and the environment than subsections (a)(1)(B)(i) and (ii).

2. OSFM requires a tank integrity assessment even if both cathodic protection and interior lining systems are being installed. If the cathodic protection and interior lining are installed at the same time, only one approved integrity assessment is required. Even if both systems have been installed, OSFM requires routine inspection and maintenance of both systems to continue.

3. USTs equipped with both interior lining and cathodic protection (sacrificial anodes or impressed current).

A) The following maintenance procedures shall apply:

i) Sacrificial anodes must be tested according to the requirements of subsection (f).

ii) Impressed current records of operation must be recorded every 30 days and records kept on site for 2 years. The system must be tested annually according to the requirements of subsection (f).

iii) As of September 1, 2010, some facilities may exist that had been previously granted an OSFM waiver for the UST lining maintenance requirements based upon original field notes from the initial lining, of an invasive method of initial tank integrity assessment verifying that there were no holes in the tank. For these systems, only the external cathodic protection system must be maintained and tested. This is contingent upon the original field notes being available, and a letter from OSFM existing from that time to verify the waiver was granted.

B) For those USTs where a non-invasive tank integrity assessment method was used or if there were any holes present in the tank, regular interior lining inspections must continue as described in Section 175.500.

b) ACT-100 Tanks Installed with Sacrificial Anodes. Owners of ACT-100 tanks meeting STI F894, incorporated by reference in 41 Ill. Adm. Code 174.210, and able to produce ACT-100 warranty papers may choose the steel-FRP composite design as a sole method of corrosion protection instead of maintaining the sacrificial anodes.

c) Upgrades to Combine Internal Lining with Cathodic Protection. Some tanks may exist that were previously upgraded by both internal lining and cathodic protection. Such tanks were to be inspected for both the internal lining and the cathodic protection within 90 days after the upgrade and must continue to be maintained by regular inspections of the cathodic protection system pursuant to the requirements of this Section.

d) Piping Corrosion Protection Requirements. All UST metal product piping that is in contact with backfill, ground or water shall be cathodically protected. All metal risers, vents and fills in contact with backfill, ground or water shall be dielectrically coated. Shrink-wrap or boots are not acceptable as a form of cathodic protection in a water environment.

e) Wiring of all associated electrical equipment shall conform to the requirements of Section 175.425 and shall also conform to the following requirements:

1. All wiring that is connected to any anode of an impressed current system shall be no less than No. 10 stranded, with jacketing that is suitable for direct burial and that is petroleum or hazard resistant for the product conveyed. Such jacketing is to have a thickness sufficient to cause the wiring to have a diameter of at least 5/16 inch. Systems existing prior to May 1, 2003 may remain.

2. All wiring connected to any anode of a sacrificial anode system shall be suitable for direct burial and shall be resistant to petroleum and/or hazardous substances.

3. All structural lead wiring of any cathodic protection system shall be suitable for direct burial and shall be petroleum and/or hazard resistant.

4. For installation of cathodic protection systems to facilities existing prior to May 1, 2003, existing anode wiring may be replaced into existing pavement saw-cuts, provided that the following conditions are met:

A) No part of the wiring is less than one inch below the finished pavement surface, and provided that the portion of the saw-cut groove above the wiring is filled with a combination of at least ⅜ inch of backer rod and at least ½ inch of self-leveling caulk suitable as a concrete filler.

B) Structure lead wiring of impressed current systems shall consist of at least 2 separate leads. Such leads running from the junction box or rectifier to the UST structures must be in separate saw-cuts, jumpering from one UST structure to the next. One lead shall connect to the first structure to be protected and continue on to all structures in the UST. The second lead will connect to the last structure to be protected. Such loop is to ensure that if one lead were to become cut or disconnected, the other lead would ensure the continued connection of the UST structures and the junction box or rectifier.

C) All wiring from anodes shall terminate and be identified (as to location per approved site plan), in strategically located junction boxes, placed in and around the protected field. This will facilitate the testing of each anode.

D) Any additions or extensions done to the existing network must conform to Section 175.425(a).

5. Beginning May 1, 2003 for installation of cathodic protection systems, all wiring running outside of manholes or sumps shall be located at least 12 inches below the finished grade and installed in conduit approved for petroleum and/or hazardous installations.

f) Operation and Maintenance of Cathodic Protection. Owners or operators of steel USTs with corrosion protection shall comply with the following requirements to ensure that releases due to corrosion are prevented for as long as the UST is used to store regulated substances:

1. All corrosion protection systems shall be operated and maintained to continuously provide corrosion protection to the metal components of that portion of the tank and piping that routinely contain regulated substances and are in contact with the ground, backfill or water.

2. All USTs equipped with sacrificial anode or impressed current cathodic protection systems shall be regularly tested and inspected for proper operation, including when being first put into operation, by an OSFM-licensed contractor who has licensure in the cathodic protection module, using an employee who has successfully passed the International Code Council (ICC) certification exam module for cathodic protection. Such testing shall be in accordance with the following requirements:

A) Frequency.

i) Sacrificial anodes shall be tested every 3 years as long as testing results are -850 millivolts or a higher negative number. In the event testing results do not meet the -850 millivolt requirement, the anodes shall be replaced. This requirement applies to all sacrificial anodes, including wristband and spike anodes.

ii) Impressed current systems shall be tested annually as long as testing results are -850 millivolts or a higher negative number. In the event testing results do not meet the -850 millivolt requirement, the impressed current system shall be repaired or upgraded as needed to meet the -850 millivolt requirement.

iii) All cathodic protection systems shall be re-tested no less than 24 weeks and no more than 28 weeks from the date of installation or repairs.

B) Inspection Criteria. The criteria that are used to determine that cathodic protection is adequate as required by this subsection (f)(2)(B) shall be in accordance with NACE SP0285 and SP0169, incorporated by reference in 41 Ill. Adm. Code 174.210. Subject to the technical applicability of these criteria given actual site conditions, one or more of the following criteria shall apply for adequacy of cathodic protection. Cathodic protection shall be repaired or replaced if it fails to meet the standards provided in this subsection (f)(2)(B).

i) A negative (cathodic) potential of -850 millivolts or a higher negative number with cathodic protection applied. This potential is measured with respect to a saturated copper/copper sulfate reference electrode contacting the electrolyte.

ii) A minimum 100 millivolt of cathodic polarization between the structure and a saturated copper/copper sulfate reference electrode contacting the electrolyte. Such polarization shall be determined from the taking of a valid "instant-off" test, that, for each testing point, determines the voltage reading at the second drop in voltage following the interruption in cathodic protection being applied, and determines if the voltage reading is at least 100 millivolts higher than either the native reading or any other reading after the structure has had time to depolarize with no cathodic protection applied.

3. USTs with impressed current cathodic protection systems shall be inspected every 30 days, to ensure the equipment is running properly.

4. For USTs using cathodic protection, records of the operation of the cathodic protection shall be maintained to demonstrate compliance with the performance standards in this Section. These records shall provide the following:

A) The results of 6-month testing for sacrificial anode systems must be maintained on site for 2 years;

B) All records from the last 2 cathodic protection total system tests by a qualified cathodic protection tester pursuant to a 3-year cycle must be maintained on site;

C) Impressed current systems must be inspected every 30 days and reports or a log maintained that shows date of inspection, initials of inspector, hour, volt and amp readings, and power on verification. A minimum of 2 years of records shall be kept on site; and

D) The records from the impressed current annual test conducted by an OSFM licensed contractor shall be kept on site for 2 years.

5. Alternative methods of corrosion protection may be used if approved in writing by OSFM, provided they are no less protective of human health or the environment.

History

• Source: Amended at 47 Ill. Reg. 6837, effective May 2, 2023

41 Ill. Adm. Code 175.600 Owner/Operator Spill and Overfill Release Control Responsibilities

a) Owners or operators shall ensure that releases due to spilling or overfilling do not occur. The owners or operators shall ensure that the volume available in the tank is greater than the volume of product to be transferred to the tank before the transfer is made and that the transfer operation is monitored constantly to prevent overfilling and spilling.

b) Owners or operators shall report, investigate and clean up any spills and overfills in accordance with 41 Ill. Adm. Code 176.300 through 176.350.

41 Ill. Adm. Code 175.610 General Release Detection Requirements for All Usts

a) Owners or operators of new and existing USTs shall provide a method, or combination of methods, of release detection that:

1. Can detect a release from the entire tank and any portion of the connected underground piping that routinely contains product;

2. Is installed, calibrated, operated and maintained in accordance with the manufacturer's instructions, including routine maintenance and service checks for operability or running condition;

3. Meets the performance requirements in Sections 175.630, 175.640 or Subpart I, as applicable. All performance claims and the manner of determining the claims shall be described in writing by the equipment manufacturer or installer. In addition, methods used shall be capable of detecting the leak rate or quantity specified for that method in Section 175.630 and 175.640 with a probability of detection of 0.95 and a probability of false alarm of 0.05. Release detection for tanks and piping permitted on or after February 1, 2008 must also meet the interstitial monitoring requirements indicated in Sections 175.400 and 175.420; and

4. Beginning October 13, 2018, is operated and maintained, and electronic and mechanical components are tested for proper operation, in accordance with manufacturer's instructions or a code of practice developed by a nationally recognized association or independent testing laboratory. As an alternative, another test method may be used that is determined by OSFM to be not less protective of human health and the environment. Before the utilization of any such method, it shall be submitted to OSFM in writing, and OSFM shall issue written approval.

A) A test of the proper operation must be performed at installation and at least annually thereafter and, at a minimum, as applicable to the facility, shall cover the following components and criteria:

i) Automatic tank gauge and other controllers: test alarm; verify system configuration; test battery backup;

ii) Probes and sensors: inspect for residual buildup; ensure floats move freely; ensure shaft is not damaged; ensure cables are free of kinks and breaks; test alarm operability and communication with controller;

iii) Automatic line leak detector: test operation to meet criteria in Section 175.640(a)(3) by simulating a leak;

iv) Vacuum pumps and pressure gauges: ensure proper communication with sensors and controller; and

v) Hand-held electronic sampling equipment associated with groundwater and vapor monitoring: ensure proper operation.

B) All testing and inspections required by this Section shall be performed:

i) By an OSFM-licensed contractor that has licensure in the installation/retrofitting or inspection and testing of UST equipment module; and

ii) Using an employee of the OSFM-licensed contractor for testing or inspection who is certified in the installation-retrofitting or inspection and testing of UST equipment module.

b) All leak detection equipment must be evaluated and be listed in the NWGLDE publication "List of Leak Detection Evaluations for Storage Tank Systems", as referenced in 41 Ill. Adm. Code 174.210, or, may be utilized if approved by OSFM.

c) When a release detection method operated in accordance with the performance standards in Sections 175.630 and 175.640 or Subpart I indicates a release may have occurred, owners or operators shall notify the Illinois Emergency Management Agency in accordance with 41 Ill. Adm. Code 176.300 through 176.330.

d) All leak detection equipment installed on a UST, whether required or not, shall be maintained. Self-diagnosing release detection systems may not be used to circumvent any testing required by 41 Ill. Adm. Code 172, 174, 175, 176 or 177.

History

• Source: Amended at 47 Ill. Reg. 6837, effective May 2, 2023

41 Ill. Adm. Code 175.620 Release Detection Requirements for Hazardous Substance Usts

a) Owners or operators of hazardous substance USTs, permitted prior to February 1, 2008, shall provide release detection that complies with Section 175.610 and 40 CFR 280.42, and shall be designed, constructed and installed to contain regulated substances released from the tank system until they are detected and removed, prevent the release of regulated substances to the environment at any time during the operational life of the UST, and be checked at least every 30 days for evidence of a release. Underground piping shall be equipped with secondary containment as allowed under subsections (a) and (b) and, if under pressure, be equipped with both an automatic line leak detector and interstitial monitoring meeting the requirements of Sections 175.640(a) and 175.630(f) and 40 CFR 280.

b) The following existing systems installed before February 1, 2008 are allowed:

1. Secondary containment systems with interstitial monitoring meeting the requirements of Section 175.630(f) and capable of detecting a failure from the inner and outer wall.

2. Double-wall tanks which are able to detect the failure of the inner or outer wall.

3. External liners (including vaults) that meet the requirements of 40 CFR 280.42.

4. Other methods of release detection may be used if owners or operators:

A) Demonstrate to OSFM that an alternate method can detect a release of the stored substance as effectively as the method allowed in Section 175.630(f); written approval is required from OSFM to use the alternate release detection method before it can be used; and

B) Provide written information to OSFM on effective corrective action technologies, health risks and chemical and physical properties of the stored substance, and the characteristics of the UST site.

c) Hazardous substance USTs permitted on or after February 1, 2008 shall be double-wall and shall have interstitial monitoring in compliance with Section 175.630(f). All pressurized piping shall have automatic line leak detectors. Hazardous substance USTs shall not be permitted unless all UST components are listed by a nationally recognized independent third party organization as compatible with the product being stored.

History

• Source: Amended at 42 Ill. Reg. 10476, effective October 13, 2018

41 Ill. Adm. Code 175.630 Methods of and Requirements for Release Detection for Tanks

Owners and operators of petroleum USTs shall provide release detection on tanks. Only one approved method of primary release detection is required for each tank although multiple methods are acceptable. If present, secondary release detection systems must be maintained. No method of release detection shall be used unless that method has been approved by OSFM. USTs must be monitored at least every 30 days for releases using one or more of the methods listed below:

a) Manual Tank Gauging

1. Only tanks of 600 gallons or less nominal capacity may use the method described in this subsection (a). All owners or operators using manual tank gauging methods must conduct a monthly reconciliation and maintain those reconciliation records. The requirements for this type of release detection shall adhere to requirements listed in this subsection for the specific tank sizes noted:

Requirements

Nominal tank capacity

Whether use of manual tank gauging for release detection is allowed

Time limit on use of manual tank gauging for release detection

600 gallons or less

Allowed as sole method of release detection

Allowed indefinitely

601-2,000 gallons

Not allowed

Not allowed

Over 2,000 gallons

Not allowed

Not allowed

2. Standards

A) In order to be eligible to continue to use manual tank gauging alone (tanks 600 gallons or less only), the following standards regarding maximum variation between beginning and ending product level measurements shall be adhered to:

Standards

Nominal tank capacity

Weekly standard

(one test)

Monthly standard

(average of 4 tests taken once weekly over a 4-week period)

600 gallons or less

10 gallons

5 gallons

B) A leak is suspected and subject to the requirements of 41 Ill. Adm. Code 176.300 through 176.360 if the variation between beginning and ending measurements exceeds the weekly or monthly standards as listed in this subsection (a). Weekly inventory records, monthly reconciliation records, and related records shall be maintained for 2 years in order to continue to be eligible to continue to use manual tank gauging.

3. Manual tank gauging shall also meet the following requirements:

A) Tank liquid level measurements are taken at the beginning and ending of a period of at least 36 hours during which no liquid is added to or removed from the tank;

B) Level measurements are based on an average of 2 consecutive stick readings at both the beginning and ending of the period;

C) The equipment used is capable of measuring the level of product over the full range of the tank's height to the nearest ⅛ inch;

D) The measurement of any water level in the bottom of the tank is made to the nearest ⅛ inch at least once a month; and

E) All personnel involved in performing manual tank gauging measurements, recordkeeping and related performance must be knowledgeable in that performance and activities.

4. Manual tank gauging cannot be used as a method of release detection for any tank that, after passing only a noninvasive tank integrity assessment, was upgraded using the cathodic protection method.

b) In conjunction with Statistical Inventory Reconciliation (SIR) and any other release detection methods when required, tank precision testing, as approved by OSFM (not a stand-alone method of release detection):

1. Tank precision testing (or another test of equivalent performance) shall be capable of detecting a 0.1 gallon per hour leak rate from any portion of the tank that routinely contains product while accounting for the effects of thermal expansion or contraction of the product, vapor pockets, tank deformation, evaporation or condensation, and the location of the water table. There are 4 types of tank precision testing:

A) 100% volumetric overfill;

B) Volumetric underfill with an approved ullage test of negative pressure or inert gas as approved by OSFM;

C) A negative pressure; or

D) Other approved methods, in accordance with subsection (h).

2. In the case of a suspected release, tracer elements and automatic tank gauging (ATG) are not approved methods of tank precision testing.

c) Automatic Tank Gauging (use of an ATG). ATG equipment that tests for the loss of product and conducts inventory control shall meet the following requirements:

1. The automatic product level monitor test can detect a 0.2 gallon per hour leak rate from any portion of the tank that routinely contains product;

2. The ATG must also meet or exceed the performance criteria and requirements found at 40 CFR 280.43(a) and the test must be performed with the system operating in one of the following modes:

A) In-tank static testing conducted at least once every 30 days; or

B) Continuous in-tank leak detection operating on an uninterrupted basis or operating within a process that allows the system to gather incremental measurements to determine the leak status of the tank at least once every 30 days.

3. The ATG must be installed, calibrated and in compliance with the protocol of the third party evaluation;

4. Beginning May 1, 2003, all new or replacement ATG monitors shall be mounted no more than 6 feet from the floor and must remain unobstructed and accessible;

5. All ATG systems must be equipped with printers. If a system has to be retrofitted, a permit will be required. Systems with remote printers will be accepted.

d) Vapor Monitoring. Testing or monitoring for vapors within the soil gas of the excavation zone shall meet the following requirements:

1. The materials used as a backfill are sufficiently porous (e.g., gravel, sand or crushed rock) to readily allow diffusion of vapor from releases into the excavation area;

2. The stored regulated substance or a tracer compound placed in the tank system is sufficiently volatile (e.g., gasoline) to result in a vapor level that is detectable by the monitoring devices located in the excavation zone in the event of a release from the tank;

3. The measurement of vapors by the monitoring device is not rendered inoperative by groundwater, rainfall, soil moisture or other known interferences so that a release could go undetected for more than 30 days;

4. The level of background contamination in the excavation zone will not interfere with the method used to detect releases from the tank;

5. The vapor monitors are designed and operated to detect any significant increase in concentration above the background of the regulated substance stored in the tank system, a component or components of that substance, or a tracer compound placed in the tank system; vapor monitor sensors must be permanently installed in the vapor monitor wells; a monthly inspection of the vapor monitoring system must be made and a log maintained showing the date of inspection, results and initials of the party doing the inspection; all vapor sensors must be tested for functionality by a licensed contractor pursuant to Section 175.610(a)(4) at least once every 3 years and the records kept until the next test;

6. In the UST excavation zone, the site is assessed to ensure compliance with the requirements in subsections (d)(1) through (4) and to establish the number and positioning of monitoring wells that will detect releases within the excavation zone from any portion of the tank that routinely contains product. In the event of a confirmed release, this method of release detection may not be used until remediation is complete and a new site assessment is conducted that demonstrates that the vapor monitoring system will meet all criteria, including documentation on the threshold for a release and documentation that background contamination will not interfere with the ability to detect a release. If replacement of the UST system triggers the requirement for double-walled tanks and piping, interstitial monitoring is required. If the owner/operator wishes to combine this form of release detection with groundwater monitoring during seasonal variations, the site assessment must clearly document that use;

7. Monitoring wells are clearly marked and secured to avoid unauthorized access and tampering;

8. Vapor monitoring wells shall be of sufficient design to allow vapors to be detected from any portion of the tank being monitored and shall be a minimum of 4 inches in diameter or as approved by OSFM on the applicable permit;

9. An adequate number of vapor monitoring wells shall be provided to ensure that a release can be detected from any portion of the tank. Adequacy of the wells is subject to approval of OSFM on the applicable permit; and

10. Phase out and elimination of vapor monitoring. Except pursuant to Subpart I, no permits for installation of vapor monitoring systems will be issued after October 13, 2018. Except pursuant to Subpart I, this method will no longer be allowed for tanks after October 13, 2023.

e) Groundwater Monitoring. Testing or monitoring for liquids on the groundwater shall meet the following requirements:

1. The regulated substance stored is immiscible in water and has a specific gravity of less than one;

2. Groundwater is never more than 20 feet from the ground surface, the hydraulic conductivity of the soil between the UST and the monitoring wells or devices is not less than 0.01 cm/sec (e.g., the soil should consist of gravels, coarse to medium sands, coarse silts or other permeable materials), and groundwater shall be present in the groundwater monitoring wells at all times;

3. The slotted or perforated portion of the monitoring well casing shall be designed to prevent migration of natural soils or filter pack into the well and to allow entry of regulated substance on the water table into the well under both high and low groundwater conditions;

4. Groundwater monitoring wells shall be sealed from the ground surface to the top of the filter pack;

5. Monitoring wells or devices intercept the excavation zone or are as close to it as is technically feasible;

6. The continuous monitoring devices or manual methods used can detect the presence of at least ⅛ inch of free product on top of the groundwater in the monitoring wells.

A) The continuous monitoring devices must be fixed sensors mounted permanently inside the well or samples must be taken by a mechanical bailer capable of detecting the presence of at least ⅛ inch of free product on top of the groundwater in the monitoring wells.

B) Groundwater monitoring must be done monthly and a log of the inspection made showing the date of the inspection, initials of the person conducting the inspection, and results of the well sampling;

7. Within and immediately below the UST excavation zone, the site is assessed to ensure compliance with the requirements in subsections (e)(1) through (5) and to establish the number and positioning of monitoring wells or devices that will detect releases from any portion of the tank that routinely contains product. In the event of a confirmed release, this method of release detection may not be used until remediation is complete and a new site assessment is conducted that demonstrates that the groundwater monitoring system will meet all criteria, including documentation on the threshold for a release and documentation that background contamination will not interfere with the ability to detect a release. If replacement of the UST system triggers the requirement for double-walled tanks and piping, interstitial monitoring is required. If the owner/operator wishes to combine this form of release detection with vapor monitoring during seasonal variations, the site assessment must clearly document that use;

8. Monitoring wells are clearly marked and secured to avoid unauthorized access and tampering;

9. As of September 1, 2010, the minimum diameter of newly installed groundwater monitoring wells shall be 8 inches;

10. An adequate number of groundwater monitoring wells shall be provided to ensure that a release can be detected from any portion of the tank based upon the direction of groundwater flow and the tank placement. Adequacy of the wells is subject to approval of OSFM on the applicable permit. Beginning May 1, 2003, an adequate number of monitoring wells shall require a minimum of two 8-inch diameter monitoring wells for the first tank and one additional well for each additional tank installed. The wells will be of manufactured slotted or perforated type. They shall be at opposite ends and corners, one foot below the invert elevations of the lowest UST; and

11. Phase out and elimination of groundwater monitoring. Except pursuant to Subpart I, no permits for installation of groundwater monitoring leak detection systems shall be issued after October 13, 2018. Except pursuant to Subpart I, this method will no longer be allowed for tanks after October 13, 2023.

f) Interstitial Monitoring. Interstitial monitoring between the UST and a secondary barrier immediately around or beneath it, or interstitial monitoring as required by Sections 175.400(a) and 175.420(b) and meeting the requirements of this Section, may be used but only if the system is designed, constructed and installed to detect a leak from any portion of the tank that routinely contains product. All tanks permitted on or after February 1, 2008 must be equipped with interstitial monitoring sensors. When required to make tank or piping interstitial monitoring functional, the appropriate containment (e.g., under-dispenser containment, tank containment sumps or junction sumps) shall be installed. All existing interstitial monitoring systems and sensors shall be maintained and, beginning September 8, 2008, may not be removed irrespective of whether the leak detection is secondary or redundant to other forms of leak detection. If the interstitial monitoring is not functional or not operating properly it shall promptly be repaired or replaced and any necessary measures to prevent false positive and false negative readings shall be implemented.

1. Interstitial monitoring must also meet one of the following requirements:

A) For double-wall USTs, the sampling or testing method can detect a release through the inner wall in any portion of the tank that routinely contains product;

B) For USTs existing prior to February 1, 2008 and with a secondary barrier within the excavation zone, the sampling or testing method used can detect a release between the underground storage tank system and the secondary barrier.

i) The secondary barrier around or beneath the UST consists of artificially constructed material that is sufficiently thick and impermeable (at least 0.000001 cm/sec for the regulated substance stored) to direct a release to the monitoring point and permit its detection;

ii) The barrier is compatible with the regulated substance stored so that a release from the UST will not cause a deterioration of the barrier allowing a release to pass through undetected;

iii) For cathodically protected tanks, the secondary barrier shall be installed so that it does not interfere with the proper operation of the cathodic protection system;

iv) The groundwater, soil moisture or rainfall will not render the testing or sampling method used inoperative so that a release could go undetected for more than 30 days;

v) The site is assessed to ensure that the secondary barrier is always above the groundwater and not in a 25-year flood plain unless the barrier and monitoring designs are for use under those conditions;

vi) Monitoring wells are clearly marked and secured to avoid unauthorized access and tampering; and

vii) An adequate number of monitoring wells shall be provided to ensure that a release can be detected from any portion of the tank. Adequacy of the number of the wells is subject to the approval of OSFM.

C) For tanks with an internally fitted liner, an automated device can detect a release between the inner wall of the tank and the liner, and the liner is compatible with the substance stored.

2. The interstitial monitoring system must be tested every year pursuant to Section 175.610(a)(4) to verify its operation and records from the 2 previous tests must be kept on site, or available within 30 minutes or before OSFM completes its inspection, whichever is later. Testing of the system sensors shall be done in such a way as to verify their function but not damage the sensors. This testing shall be done by a licensed contractor. Interstitial monitoring must also comply with the requirements of Section 175.640.

3. The operability of the interstitial monitoring sensors shall be inspected and verified by the owner/operator every 30 days. Pursuant to Section 175.650(e), records for the previous 2 years must be kept on site or available within 30 minutes or before OSFM completes its inspection, whichever is later.

g) Statistical Inventory Reconciliation

1. Release detection methods based on the application of statistical principles to inventory data must meet the following requirements:

A) Report a quantitative result with a calculated leak rate;

B) Be capable of detecting a leak rate of 0.2 gallon per hour or a release of 150 gallons within 30 days; and

C) Use a threshold that does not exceed one-half the minimum detectible leak rate.

2. The company that uses this method shall provide OSFM a written affirmation that their data collection staff is trained in the data gathering procedures and that only trained staff will be utilized for data collection. Each tank monitored by SIR shall be identified to OSFM in writing within 30 days after the commencement of the monitoring, specifying tank size, product stored, facility location and any other pertinent identification information necessary. SIR data shall be compiled and analyzed once each month to determine if a release has occurred, and the results put into a monthly report that is maintained by the facility.

3. SIR methods may only be used in conjunction with tank precision testing conducted annually, starting with the time that SIR is first used. An additional tank precision test pursuant to subsection (b) shall be mandatory if any data analysis indicates a possible release or is inconclusive or indeterminate, or for any test result other than a pass, or when a report is not available for any month of monitoring.

4. The measurement of any water level in the bottom of the tank is made to the nearest ⅛ inch at least once a month.

5. New requests to use SIR after May 1, 2003 will no longer be accepted. If SIR is discontinued on a UST, SIR will not be allowed again.

6. After January 1, 2006, SIR may not be used on systems with blending pumps or siphon tanks.

h) Other Methods. Any other type of release detection method or combination of methods, approved by OSFM, may be used if the owner or operator can demonstrate that the method can detect a release as effectively as any of the methods allowed in subsections (b) through (f). Demonstration of any such method shall be in writing submitted to OSFM. In comparing methods, OSFM shall consider the size of release that the method can detect and the frequency and reliability with which it can be detected. If the method is approved, the owner or operator shall comply with any conditions imposed by OSFM on its use to ensure the protection of human health or the environment. Before the utilization of the method, OSFM shall issue written approval.

i) One copy of each independent third-party evaluation and its protocol, for the release detection methods in subsections (b), (c), (d), (f), (g), and (h), shall be submitted to OSFM as part of the permit application process. Any deviation from the third-party evaluation shall be submitted to OSFM for approval with the permit application, including, but not limited to, an evaluation by a licensed professional engineer finding that the release detection system as installed meets the performance requirements of 40 CFR 280 and this Part and the performance claims established by the independent third party evaluation and its protocol. For requirements regarding listing of components used with alternative or blended fuels, see Section 175.415.

History

• Source: Amended at 42 Ill. Reg. 10476, effective October 13, 2018

41 Ill. Adm. Code 175.640 Methods of and Requirements for Release Detection for Piping

Owners and operators of petroleum USTs shall provide release detection for all piping containing regulated substances. The release detection must meet the requirements specified in this Section.

a) Pressurized piping systems shall comply with the following requirements:

1. Every pressurized piping line installed after February 1, 2008 shall be equipped with interstitial monitoring sensors at all piping sumps, dispenser sumps, and piping junction sumps. For installations and replacements after September 1, 2010, these sensors must immediately shut off the submersible turbine pump (STP) supplying that line upon detection of a release, except for USTs serving emergency power generators. Sensors for USTs serving emergency power generators shall trigger a local alarm upon the detection of a release. The automatic shutoff shall be deactivated in any UST serving emergency power generators when that function has been previously installed. Pursuant to Sections 175.630(f) and 175.610(a)(4), all interstitial monitoring sensors shall be tested annually, and the sensors inspected for operability at least once per month and a record of the inspection results generated.

2. All new and existing sump sensors must be installed so as to detect liquid per manufacturer's specifications or, if not specified by the manufacturer, at the lowest point in the sump.

3. Both new and existing pressurized piping installations shall be equipped with automatic line leak detectors. Mechanical and electronic line leak detectors that alert the operator to the presence of a leak by restricting or shutting off the flow of regulated substances through piping or triggering an audible or visual alarm may be used only if they detect leaks of 3 gallons per hour at 10 pounds per square inch line pressure within one hour, except for USTs serving emergency power generators. All line leak detectors must have a functionality test performed annually pursuant to Section 175.610(a)(4). Self-diagnosing line leak detectors are not alone sufficient to meet the requirement for an annual functionality test. Automatic line leak detectors for USTs serving emergency power generators shall trigger a local alarm upon the detection of a release. Any automatic flow restriction or shutoff shall be deactivated in pressurized piping serving emergency generators when that function has been previously installed.

4. In addition to utilizing automatic line leak detectors, pressurized piping systems shall utilize either line precision testing pursuant to this subsection (a)(4) or monthly monitoring pursuant to subsection (c). Line precision testing requirements may be met by one of the following methods:

A) Pressurized lines must have an annual precision test that is capable of detecting a 0.1 gallon per hour leak rate at 1.5 times the operating pressure for 30 minutes. Use of an inert gas to pressurize piping is also acceptable. Use of air to pressurize piping that contains product is prohibited.

B) The use of electronic line leak detection that is able to detect a 0.1 gallon per hour leak at 1.5 times the operating pressure in an annual precision test of the line, with the records of the 2 most recent annual precision tests kept on site or available within 30 minutes or before OSFM completes its inspection, whichever is later.

C) A method meeting the requirements of the NWGLDE publication "List of Leak Detection Evaluations for Storage Tank Systems", as referenced in 41 Ill. Adm. Code 174.210, or, if unavailable, as approved by OSFM.

D) In the case of a suspected release, tracer elements and line testing using the automatic tank gauge (ATG) are not approved methods of line precision testing.

b) Suction lines and systems must comply with the following requirements:

1. American Suction

A) For all installations and replacements after September 1, 2010, every American suction piping line shall be equipped with interstitial monitoring sensors at all piping sumps, dispenser sumps and piping junction sumps that will immediately shut off the product supply pump upon the detection of a release, except for USTs serving emergency power generators. Sensors for USTs serving emergency power generators shall trigger a local alarm upon the detection of a release. The automatic shutoff shall be deactivated in any UST serving emergency power generators when that function has been previously installed. All interstitial monitoring sensors shall be tested annually pursuant to the requirements of Sections 175.630(f) and 175.610(a)(4). All interstitial monitoring sensors shall be inspected for operability at least once per month and a record of the inspection results generated.

B) All American suction lines shall be precision tested annually or use a monthly monitoring method as approved by OSFM.

2. European suction lines do not require line leak detection or a precision line test if they are designed and constructed to meet the following:

A) The below grade piping operates at less than atmospheric pressure;

B) The below grade piping is sloped so that the contents of the pipe will drain back into the storage tank if the suction is released;

C) Only one check valve is included in each suction line;

D) The check valve is located directly below and as close as practical to the suction pump; and

E) A method is provided that allows compliance with subsections (b)(2)(B), (C) and (D) to be readily determined as of the time of OSFM inspection.

3. Suction systems that do not meet the requirements of subsections (b)(2)(A) through (E) shall be classified as American suction and subject to the requirements for American suction in subsection (b)(1). European suction piping meeting the requirements of subsections (b)(2)(A) through (E) remains subject to requirements for under-dispenser containment pursuant to Section 175.410.

c) Any of the methods in Section 175.630(d) through (f) and (h) may be used if they are designed to detect a release from any portion of the underground piping that routinely contains regulated substances, as approved by OSFM. SIR is not acceptable as a form of line leak detection. Precision testing is not a stand-alone method for line leak detection.

d) Existing interstitial monitoring systems and sensors shall be maintained and, beginning September 8, 2008, may not be removed irrespective of whether the leak detection is secondary or redundant to other forms of leak detection. If the interstitial monitoring is not functional or not operating properly it shall promptly be repaired or replaced and any necessary measures to prevent false positive and false negative readings shall be implemented.

e) All annual piping leak detection testing shall be done at the same time or within 30 days of the earliest annual due date for such testing.

f) One copy of an independent third-party evaluation and its protocol for each piping release detection method shall be submitted to OSFM as part of the permit application process. Any deviation from the third-party evaluation shall be submitted to OSFM for approval with the permit application, including but not limited to an evaluation by a licensed professional engineer finding that the release detection system as installed meets the performance requirements of 40 CFR 280 and this Part and the performance claims established by the independent third-party evaluation and its protocol. See also Section 175.415 regarding compatibility with product stored.

History

• Source: Amended at 47 Ill. Reg. 6837, effective May 2, 2023

41 Ill. Adm. Code 175.650 Release Detection and Cathodic Protection Recordkeeping

UST owners or operators shall maintain records in accordance with 41 Ill. Adm. Code 176.430, demonstrating compliance with all applicable Sections of this Subpart F. Unless stated otherwise below, all records shall be maintained for at least the 2 most recent years and shall be kept on site or available within 30 minutes, or before OSFM completes its inspection, whichever is later, via fax, email or other transfer of information. The failure to maintain or produce the records required under this Section may result in OSFM's issuance of a red tag for the tank or tanks at issue pursuant to 41 Ill. Adm. Code 177 indicating non-compliance with the rules of OSFM and prohibiting any further deposit of regulated substances into the tank or tanks subject to a red tag in the event that testing with corresponding documentation is not forthcoming within 60 days. These records shall include the following:

a) All written performance claims pertaining to any release detection system used and the manner in which these claims have been justified or tested by the equipment manufacturer or installer, shall be maintained for the life of the UST release detection equipment;

b) The results of any sampling, testing or monitoring conducted or otherwise required shall be maintained for the required 2-year period, except that:

1. The results of annual operation tests conducted in accordance with Section 175.610(a)(4) must be maintained for at least 3 years. At a minimum, the results must list each component tested, indicate whether each component tested meets criteria in Section 175.610(a)(3) or needs to have action taken, and describes any action taken to correct an issue;

2. The results of tank precision testing conducted in accordance with Section 175.630(b) shall be retained until the next test is conducted; and

3. The results of tank tightness testing, line tightness testing, and vapor monitoring using a tracer compound placed in the tank system conducted in accordance with Subpart I must be retained until the next test is conducted.

c) Written documentation of all calibration, maintenance and repair of release detection equipment permanently located on site shall be maintained for 5 years after the date of installation, and thereafter for 3 years after the servicing work is completed. Any schedules of required calibration and maintenance provided by the release detection equipment manufacturer shall be retained for the life of the UST release detection equipment;

d) All records from the last 2 cathodic protection total system tests by a qualified cathodic protection tester pursuant to a 3-year cycle must be maintained on site; and

e) At the time of a certification audit, the following shall be verified:

1. Corrosion Protection

A) Lining inspections records shall be maintained for the life of the UST, and the most recent inspection record shall be kept on site pursuant to Section 175.500(d).

B) All corrosion protection records must be maintained for the time periods required under Section 175.510.

2. Tank Leak Detection

A) Manual Tank Gauging. Weekly inventory records, monthly reconciliation records, and related records shall be maintained.

B) Interstitial Monitoring. Records of interstitial monitoring of tanks and testing of interstitial monitoring systems must be maintained. The records can be from an ATG system showing the interstitial monitor's status (pass/normal/other) on a print out tape or by maintaining a log showing date of inspection, initials of inspector and status of system (pass/normal/other).

C) Inventory Control. Inventory control records for airport hydrant systems and field-constructed tanks shall be maintained for 2 years and tightness test records shall be maintained until the next tightness test is conducted.

D) Automatic Tank Gauge. A print out tape of the tank leak test showing one pass per tank per month must be kept.

E) SIR. Annual tank precision test results and monthly SIR monitoring reports shall be maintained. At the commencement of SIR monitoring, a lag time of 60 days is allowed for the compilation of data and the generation of the monthly report for that data.

F) Vapor and Groundwater Monitoring. No later than October 13, 2018, records of site assessments under Section 175.630(d) and (e) must be maintained for as long as the methods are used, and shall be redone if found to be missing. Records of site assessments developed after October 13, 2015 must be signed by a professional engineer or professional geologist. A monthly record must be taken on a log showing date of each monthly inspection, results/status (pass or fail), and the initials of the party doing the inspection for each vapor monitoring sensor or groundwater monitoring well with records maintained.

3. Line Leak Detection

A) Unless otherwise indicated in this Part, all line leak detection records, including any required line precision testing results, shall be maintained for a period of at least 2 years.

B) Interstitial monitoring records for lines shall comply with the same requirements and be maintained in the same manner as interstitial monitoring for tanks.

History

• Source: Amended at 47 Ill. Reg. 6837, effective May 2, 2023

41 Ill. Adm. Code 175.700 Repairs Allowed

Owners and operators of USTs shall ensure that repairs will prevent releases due to structural failure or corrosion as long as the UST is used to store regulated substances. Any hole or penetration made into a tank, including, but not limited to, any bung openings or any entrance way established for interior lining inspection, shall be installed and closed as per this Section.

a) All repairs to USTs shall be properly conducted in accordance with manufacturer's recommended procedures and a code of practice developed by a nationally recognized association or an independent testing laboratory and 41 Ill. Adm. Code 172, 174, 175, 176 and 177. For repairs involving tank penetration or tank entry, the vapor freeing and inerting procedures and related requirements of Sections 175.500(a) and (c) and 175.830(a) shall be followed. No welding or cutting will be allowed inside the tank in conducting repairs.

b) Repairs to fiberglass-reinforced plastic tanks shall be made by the manufacturer's authorized representative or a representative of any fiberglass tank manufacturer in accordance with a code of practice developed by a nationally recognized association or an independent testing laboratory.

c) Metal pipe sections and fittings that have released product as a result of corrosion or other damage shall be replaced. The entire pipe run shall be replaced upon finding a second corrosion-related piping leak in the wall of the same pipe run. Noncorrodible pipes and fittings may be repaired in accordance with the manufacturer's specifications. All repairs shall comply with the requirements of Section 175.420.

d) Repairs to secondary containment areas of tanks and piping used for interstitial monitoring must have the secondary containment tested for tightness according to the instructions of the manufacturer of the tanks or piping, or a code of practice developed by a nationally recognized association or independent testing laboratory, prior to being brought back into use and within 30 days following the date of completion of the repair. All other repairs to tanks and piping must be precision tested in accordance with Sections 175.630(b) and 175.640(a)(4) prior to being brought back into use and within 30 days following the date of the completion of the repair.

e) Within 6 months following the repair of any cathodically protected UST system, the cathodic protection system must be tested in accordance with Section 175.510(f) to ensure that it is operating properly.

f) All repaired spill prevention equipment and all repaired containment sumps shall be tested for being liquid-tight before being put back into operation. All repaired overfill prevention equipment shall be inspected before being put back into operation to insure it is operating properly. The testing or inspection described in this subsection shall be done according to the respective requirements of Sections 175.405 and 175.410.

g) UST owners or operators shall maintain records of each repair for the remaining operating life of the UST that demonstrate compliance with the requirements of this Section. The last 2 years of records shall be retained on site.

h) All materials used to make necessary repairs shall comply with Subpart D of this Part.

i) When a tank is determined to be leaking, it can be permanently abandoned-in-place (subject to Section 175.840), removed (subject to Section 175.830), replaced (subject to Section 175. Subpart D) or repaired (subject to this Section).

j) Removal or abandonment-in-place of a leaking tank shall be in compliance with Sections 175.830 and 175.840. Leaking piping shall be removed or abandoned-in-place in compliance with these Sections.

History

• Source: Amended at 47 Ill. Reg. 6837, effective May 2, 2023

41 Ill. Adm. Code 175.710 Emergency Repairs

a) An emergency consists of a defect in a UST that is causing or threatens to cause harm to human health or the environment, or presents a threat to fire safety, and contact of the regulated substance with the defect cannot be prevented. In the event of a release, release reporting, investigation and initial response shall be conducted pursuant to 41 Ill. Adm. Code 172, 174, 175 and 176. All emergency repairs shall meet the requirements of Section 175.700 and require a permit applied for electronically after-the-fact on the next business day and require a final inspection scheduled pursuant to Section 175.320 within 10 days after issuance of the permit. A UST contractor portal for the on-line submission of permit applications and the scheduling of permitted work can be found at https://webapps.sfm.illinois.gov/USTPortal/Home/Login?ReturnUrl=%2fUSTPortal.

b) If minor or temporary repairs are required to correct the defect, only the defective area can be repaired.

c) Economic loss or the threat of economic loss does not constitute an emergency.

d) Minor or temporary repairs, as a result of an emergency, to tanks or piping may begin on weekends, holidays and after business hours, when the repairs would otherwise require a permit prior to being performed. Permit applications are required for this UST activity and shall be submitted to OSFM after-the-fact, on the next business day. All repairs shall be inspected and precision tested in accordance with Sections 175.630(b) and 175.640(a)(4) prior to the repaired UST being put back into operation and within 30 days following the completion of the repair, unless otherwise directed by OSFM.

e) When the emergency prompting the need for repairs occurs on a business day, the contractor shall obtain authorization to proceed with the emergency repair by submitting an electronic Emergency Repair Request on-line or by calling OSFM. After obtaining authorization, the contractor shall apply for a permit on the next business day. A UST contractor portal for the on-line submission of an Emergency Repair Request and permit applications and other forms can be found at the website in subsection (a).

f) Repairs completed in violation of 41 Ill. Adm. Code 172, 174, 175, 176 and 177 may be required to be removed, exposed or replaced at the discretion of OSFM.

History

• Source: Amended at 47 Ill. Reg. 6837, effective May 2, 2023

41 Ill. Adm. Code 175.720 Defective or Non-Compliant Equipment and Emergency Action by Osfm

a) Pursuant to Section 6 of the Gasoline Storage Act [430 ILCS 15/6], whenever necessary or appropriate to assure that the public health or safety is not threatened, OSFM shall have the authority to undertake emergency action whenever there is a release or substantial threat of a release of petroleum or regulated substances from a UST.

b) Failed tank or line precision tests and defective tank or piping leak detection equipment will require that particular tank system to be shut down until repaired and functioning properly. Another approved method of leak detection may be implemented if approved by OSFM on an interim basis.

History

• Source: Amended at 42 Ill. Reg. 10476, effective October 13, 2018

41 Ill. Adm. Code 175.800 Removal, Abandonment-in-Place or Change-in-Service Records

Owners or operators shall maintain records in accordance with 41 Ill. Adm. Code 176.430 that are capable of demonstrating compliance with removal, abandonment-in-place or change-in-service requirements under all applicable Sections of this Subpart H. The results of the excavation zone or other assessment required in 41 Ill. Adm. Code 176.360 shall be maintained for the time period specified in 41 Ill. Adm. Code 176.330 following completion of a removal, abandonment-in-place or change-in-service in one of the following ways:

a) By the owners or operators who took the UST out of service;

b) By the current owners or operators of the UST site; or

c) By mailing these records to OSFM if they cannot be maintained at the facility where the tank has been removed.

History

• Source: Amended at 42 Ill. Reg. 10476, effective October 13, 2018

41 Ill. Adm. Code 175.810 Out of Service

a) USTs may be put into an out of service status provided they meet the performance standards for new UST systems or the upgrading requirements specified in 41 Ill. Adm. Code 174, 175 and 176 and 40 CFR 280, except that spill and overfill prevention equipment requirements do not have to be met. The USTs may continue in an out of service status for a period of 5 years from the date of last use provided they meet the following requirements:

1. The tank and product lines shall be emptied immediately upon placing the UST in an out of service status. The UST is empty when all materials have been removed using commonly employed practices so that no more than 2.5 centimeters (one inch) of residue, or 0.3% by weight of the total capacity of the UST system, remain in the system.

2. Pursuant to Sections 175.500 and 175.510, all corrosion protection shall be maintained and operational for all tanks and lines, and tested as required, to include flex/pipe connectors. This will include any monthly logs that need to be maintained.

3. OSFM must receive a written request, within 30 days after the date the tank was last used, requesting an out of service status. The request shall be submitted on a Notification for Underground Storage Tanks on OSFM forms (available at https://sfm.illinois.gov/about/divisions/petroleum-chemical-safety/applications-and-forms.html).

4. Vent lines shall be left open and functioning.

5. Financial responsibility shall be maintained until such time as the UST is removed or abandoned-in-place in accordance with OSFM rules (see 41 Ill. Adm. Code 176.245).

6. Within 7 days, the owner/operator shall cap and secure all product lines and secure all pumps, manways and ancillary equipment.

7. Subject to all other applicable OSFM requirements, a UST may be put back in operation any time during the first 12 months, without meeting the requirements of subsection (d), subject to the requirement that OSFM be notified in writing on the Notification for Underground Storage Tanks form at least 10 days prior to operation. The form is available at the website cited in subsection (a)(3).

b) Failure to maintain impressed current system corrosion protection on any tank or piping systems at any point during the remaining 4-year out of service period referenced in subsection (d) shall require the removal of the USTs. When testing of anodes has been delayed past the regular 3-year testing interval, any anode system that fails testing shall require removal of the affected tanks or piping.

c) Failure to empty tanks in an out of service status shall require the owner to remove all contents to less than an inch before proceeding with bringing the tanks back into service.

d) Systems that have been out of use for over one year but less than 5 years may be put back in service provided that the facility meets all the applicable requirements in Parts 172, 174, 175, 176 and 177 and the following additional requirements are met:

1. Tanks and lines shall be precision tested and proven sufficient.

2. Tank and line release detection is tested and proven operational.

3. Cathodic protection is tested and proven sufficient.

4. A site assessment is conducted prior to bringing the UST back into service.

5. All tests referenced in subsections (d)(1) through (d)(3) must be performed not more than 90 days and not less than 30 days before placing the tank back in service and submitted to OSFM at least 10 days prior to reopening so that a certification audit can be performed.

6. Prior to a tank being put back in service, all requirements for return to service must be met, and all testing and inspections passed, and a Notification for Underground Storage Tanks Form placing the tanks "Currently in Use" must be submitted. The form is available at the OSFM website cited in subsection (a)(3) above.

e) Single-wall USTs over 30 years old that have been in an out of service status more than one year shall be removed rather than placed back into service.

f) If a UST is not placed back into service within 5 years from the date of last use, the tank system shall be removed within 60 days after the conclusion of the 5-year period.

g) USTs with double-walled tanks and piping shall not be subject to the 5-year limit during the period that is 30 years after the date of installation or while the tank manufacturer's warranty is in place, whichever is less, if all of the following requirements are met:

1. Corrosion protection has been and continues to be maintained;

2. Any UST components found to be defective are replaced in the 45 days prior to any return to service; and

3. All requirements for return to service under subsection (d) and this Section are met.

h) For purposes of this Section, "back in service" means that all regulatory requirements for a return to service have been met, and that the facility has begun regular dispensing operations typical for the location and is compliant with all leak detection, corrosion protection, and operator training requirements.

History

• Source: Amended at 48 Ill. Reg. 12838, effective August 7, 2024

41 Ill. Adm. Code 175.820 Change-in-Service of Usts

a) From a Regulated Substance to a Non-Regulated Substance. Continued use of a UST to store a non-regulated substance (so that it is no longer classified as a UST) is considered a change-in-service. Before a change-in-service, owners or operators shall empty and clean the tank by removing all liquid and accumulated sludge and conduct a site assessment. The minimum requirements for the site assessment will be the procedures and requirements of 41 Ill. Adm. Code 176.330. However, a change-in-service may only occur during the first 2 years, commencing with the date of installation of the tank. A tank system classified as a UST may not be re-classified as being a non-UST unless there has been a change-in-service as provided in this Section.

b) From a Regulated Substance to a Regulated Substance. A change-in-service also consists of a conversion of a petroleum UST to a non-compatible petroleum UST or a hazardous substance UST to a non-compatible hazardous substance UST or a petroleum UST to a hazardous substance UST and vice versa. Before a change‑in‑service, owners or operators shall empty and clean the tank by removing all liquid and accumulated sludge in accordance with the requirements of Sections 175.500(a) and (c) and 175.830(a), including API 2015, incorporated by reference in 41 Ill. Adm. Code 174.210. The owner or operator shall verify that the UST meets the requirements of a hazardous material system if being changed over to a hazardous material substance, including requirements for secondary containment with interstitial monitoring after December 22, 1998. (See Section 175.415 regarding when an existing UST is converted to a blended or alternative fuel.)

c) From a Non-Regulated Substance to a Regulated Substance. A non-UST, which is used to store a non-regulated substance, may not be converted to a UST unless the tank has been re-certified and is in compliance with all applicable upgrade requirements for newly installed USTs. A used oil tank that is supplying fuel to a used oil furnace and is taken out of service shall be no longer classified as a heating oil tank. If the tank does not meet all upgrade requirements for release detection, spill, overfill and corrosion protection, the tank shall be removed.

d) For all activity related to a change-in-service, the equipment must be compatible with the product being stored and notification of change-in-service must be submitted on the Notification for Underground Storage Tanks form (available at http://sfm.illinois.gov/about/divisions/petroleum-chemical-safety/applications-and-forms.html) to OSFM not less than 30 days prior to the change-in-service.

History

• Source: Amended at 47 Ill. Reg. 6837, effective May 2, 2023

41 Ill. Adm. Code 175.830 Removal of Usts

a) For tank and piping removals, the following requirements and procedures shall be followed:

1. Compliance with subsections (a)(2) through (a)(18) is the responsibility of the licensed contractor.

2. Except as otherwise provided in this Section, the procedures of API 1604, incorporated by reference in 41 Ill. Adm. Code 174.210, shall be followed for vapor freeing and inerting procedures.

3. Secure a removal permit and schedule removal date with OSFM. When removed piping exceeds 20 feet or 50% of the total piping run at a site, and for every tank removal, a removal permit is required (in addition to any other permit that would normally be required). A new permit and fee will be required when there is a failure to meet the Date Certain schedule established under Section 175.320, including not showing for the inspection, not being completely ready for the inspection, allowing the permit to expire before the inspection, or not cancelling the job before 6:00 a.m. the morning of the scheduled activity. (See Section 175.300 for additional permit requirements.)

4. Maintain all combustible gas indicator equipment according to manufacturer's specifications.

5. Establish an exclusion zone within which smoking is prohibited, which shall include all hazardous (classified) locations/areas where work related to removal is being conducted. The use of spark producing/non-explosion proof equipment is prohibited in the vapor hazard area prior to removal of product and sludges and attaining the lower explosive limit (LEL)/oxygen levels required in subsection (a)(9).

6. Excavate to the top of the tank. Drain product from piping into the tank or into approved drums, being careful to avoid any spillage to the excavation area. Safely disconnect product piping from the tank. Further excavation below the top of the tank is not allowed until STSS has verified that tank conditions meet the LEL/oxygen criteria of subsection (a)(9).

7. Remove all liquids from the tank using explosion-proof pumps or hand pumps. When suctioning product out of tanks, plastic pipes shall not be allowed as a suction tube.

8. Regularly monitor the tank atmosphere and the excavation area with a combustible gas indicator for flammable or combustible vapor concentration until the tank is removed from both the excavation and the site. Monitoring the UST shall be done at 3 levels in the tank: top, middle and bottom. A confined space entry permit shall be obtained prior to tank entry and Safety Data Sheets (SDS) must be on site.

9. Regularly monitor the tank to ensure explosive conditions do not exist. A maximum of 5% of the LEL, or 5% or less oxygen concentration, shall be attained before the tank is considered safe for removal, instead of 10%, as required in the API 1604. Dry ice shall not be allowed as a method of inerting tanks as referred to in API 1604.

10. Bond all devices to the tank and ground the tank to a separate ground when vapor freeing the tank with compressed air or using inert gases under pressure. When using inert gases the cylinder shall be equipped with a pressure gauge, so that no more than 5 psi can be discharged into the tank during vapor freeing procedures. To ensure and maintain proper grounding and bonding, the connections shall be tested by the contractor for continuity. This testing shall be done with equipment designed for continuity testing. When vapor freeing of tanks, plastic pipes shall not be allowed as a vent tube on eductors.

11. Plug and cap all accessible tank holes. One plug should have an 1/8 inch vent hole.

12. Excavate around the tank to prepare for removal. This shall include excavation along one side and one end, from top to bottom.

13. A STSS shall be on site before any tanks and piping are removed.

14. With STSS on site, remove tank and piping from the ground. Equipment with sufficient lifting capacity shall be used to lift the tank from the excavation and must be rated as appropriate for the particular site and excavation.

15. Protective Equipment and Tank Cleaning Requirements

A) Cleaning procedures shall be in accordance with API 2015, incorporated by reference in 41 Ill. Adm. Code 174.210. Personal protection requirements for tank cleaning personnel shall, at a minimum, include the following:

i) protective respiratory equipment for tank cleaning personnel shall be the type that provides supplied positive air pressure to a full-face mask throughout the breathing cycle during all cleaning operations, in accordance with API 2015;

ii) level B personal protective equipment with body harness and tag line;

iii) protective booties;

iv) continual monitoring of LEL and oxygen during cleaning; and

v) attendant/observer.

B) Requirements in subsection (a)(15)(A) shall not apply in the event that no physical entry is made into the tank.

16. Any UST removed from the excavation zone shall be properly cleaned on site the day of the removal and removed from the site within 24 hours.

17. Tanks larger than 2,000 gallons in capacity shall have holes or openings no less than 3 feet x 3 feet, one on each end or side, for cleaning. Tanks less than 2,000 gallons capacity shall have one entire side removed from end to end and shall be no less than 3 feet wide.

18. The use of spark producing/non-explosion proof equipment is prohibited in the vapor hazard area prior to attaining the LEL/oxygen levels required in subsection (a)(9).

19. If an STSS observes evidence of a release, the owner, operator or designated representative of the UST owner/operator must notify the Illinois Emergency Management Agency-Office of Homeland Security (IEMA-OHS). This is to be done at the site immediately following the field determination and the incident number shall be given to the STSS prior to the STSS leaving the site.

20. All removals require a site assessment pursuant to 41 Ill. Adm. Code 176.330.

21. Any tank being removed without an OSFM permit will be required to be put back in the excavation and vented to 12 feet above grade if it has not been removed from the site and covered with backfill until a permit and licensed contractor can remove it properly.

b) Bunker Tanks

1. A commercial heating oil or emergency power generator tank situated below grade, in a basement, on a floor, and enclosed in a masonry wall structure, with the tank completely or partially covered by sand, or otherwise not fully accessible to inspection, commonly referred to as a "bunker tank", meets the definition of a UST (see 41 Ill. Adm. Code 174.100). Removal of a bunker tank shall require the owner or operator to hire a licensed decommissioning contractor to secure proper permitting and schedule the removal pursuant to Section 175.320.

2. That section of the enclosing masonry partition wall that is not part of the building's basement exterior wall will need to be dismantled, and all sand within the enclosure removed. Both masonry rubble and sand from the enclosure will be hauled off as special waste under manifest by a licensed waste hauler (see 35 Ill. Adm. Code 808 and 809).

3. The exposed tank will be emptied as much as possible of any residual liquids, and the area will be monitored for vapors, and ventilation provided as needed to maintain LELs of 5% or less. No further work on the tank removal will be allowed unless the STSS is on site.

4. With the STSS on site and LELs at a maximum of 5%, the tank will be accessed for cleaning. Tanks larger than 2,000 gallons in capacity shall have holes or openings no less than 3 feet x 3 feet, one on each end or side, for cleaning. Tanks less than 2,000 gallons capacity shall have one entire side removed from end to end and shall be no less than 3 feet wide.

5. Once cleaned, the tank will be cut up on site, the pieces removed from the building, and all parts of the tank scrapped.

6. Once the enclosure wall, sand and tank have been properly removed, the area where the bunker tank had been will be evaluated under the direction of the STSS on site.

A) For bunker tanks, soil sampling and a site assessment will be required if either of the following conditions are found:

i) Evidence indicating product may have migrated from the bunker tank to the environment beyond the floor or walls of the building it was located within, such as finding free product in a drain; or

ii) Evidence is seen of both leakage of product on the floor or building wall where the bunker tank was located, and the area of floor or wall associated with evidence of leakage of product from the bunker tank is deteriorated or cracked such that there is a possibility of the product having migrated beyond the enclosure confines.

B) In the event that any of the conditions described in subsection (b)(6)(A)(i) or (ii) are found, samples will be obtained from soil borings from beneath the floor or from outside the wall from areas where contamination is most likely to be present, based on the evidence discovered. Samples will be submitted for analysis, and a release shall be reported if indicated.

C) In the event that none of the conditions described in subsection (b)(6)(A)(i) or (ii) are found, no samples from soil borings will be required, and no incident shall be reported.

D) The STSS on site will clearly document STSS observations under "Remarks" on the Log of Removal, noting whether any of the conditions listed in subsections (b)(6)(A)(i) and (ii) were present.

7. In addition to submitting the OSFM Site Assessment Results Report form, the following supplemental documentation shall also be submitted to OSFM to properly close the removal of a bunker tank. The form is available at the website cited in subsection (a)(19). In the event there is "Contamination" being reported:

A) The report from the lab, including analytical results derived from the soil samples showing locations of the samples taken, shall be attached to the OSFM Site Assessment Results Report;

B) The OSFM form indicating "Contamination" shall be signed by a Professional Engineer or a Professional Geologist;

C) The IEMA-OHS Incident Number from the release report shall be recorded on the OSFM form; and

D) The box indicating "Bunker Tank" shall be marked on the OSFM form.

c) Disposal of Tanks

1. If a tank is to be scrapped as junk, it shall be retested for combustible or flammable vapors and, if necessary, rendered gas free.

2. If the tank last contained leaded gasoline, an unknown petroleum product or a hazardous substance, it may only be scrapped or junked, recertified, or discarded at a special waste or hazardous waste landfill as designated by Illinois EPA regulations. If tanks are being re-certified, the licensed contractor must give written notice to OSFM on the removal permit as to the intent to re-certify and re-use the tanks being removed. The re-certified tank must be re-installed within 6 months from removal.

3. Removed tanks may not be reused for any purpose other than those allowed by OSFM rules (proper disposal at an approved landfill, scrapped or junked after proper cleaning, or recertified pursuant to OSFM rules).

4. Compliance with this subsection (c) is the responsibility of the licensed contractor.

History

• Source: Amended at 48 Ill. Reg. 12838, effective August 7, 2024

41 Ill. Adm. Code 175.840 Abandonment-in-Place

a) No tank or piping may be abandoned-in-place unless the permit applicant demonstrates eligibility for a waiver of the removal requirement for the tank and/or piping. The waiver shall be granted only in the following instances:

1. it would be infeasible to remove the UST due to loss of adjacent or subjacent support of nearby structures, such as railroad tracks, streets (as defined in Section 1-201 of the Illinois Vehicle Code [625 ILCS 5/1-201]), and other USTs;

2. removal is infeasible because of inaccessibility, as determined by OSFM; or

3. in unusual situations in which removal is infeasible due to other reasons, as determined by OSFM.

b) Tanks, inside the jurisdiction of the City of Chicago, which were abandoned-in-place prior to July 28, 1989 (the date of repeal of home rule by the City over USTs) in accordance with City laws, regulations or ordinances, need not be removed so long as a condition under subsection (a) allowing abandonment continues to exist.

c) Tanks abandoned prior to October 1, 1985. Tanks, outside the jurisdiction of the City of Chicago, filled with inert material, as described in subsection (d)(13), prior to October 1, 1985, need not be removed so long as a condition under subsection (a) allowing abandonment exists; however, the owners shall provide documentation of fill material and date of fill, upon request by OSFM. The documentation shall be a receipt or a written statement from the licensed or non-licensed contractor who did the fill, a statement from the inspector who inspected the tank or a written statement from anyone designated by the State Fire Marshal or the Director of the Division of Petroleum and Chemical Safety.

d) For UST or piping abandonment-in-place, the following requirements and procedures shall be followed:

1. An OSFM permit under Section 175.300 shall be obtained and the work scheduled with OSFM.

2. Except as otherwise provided in this Section, the procedures of API 1604 shall be followed for vapor freeing and inerting procedures.

3. All health and safety monitoring equipment shall be maintained according to manufacturer's specifications.

4. An exclusion zone shall be established, within which smoking is prohibited. The exclusion zone shall include all hazardous (classified) locations/areas where work related to abandonment-in-place is being conducted. The use of spark producing/non-explosion proof equipment is prohibited in the vapor hazard area prior to removal of product and sludges and attaining the LEL/oxygen levels required in subsection (d)(9).

5. Upon excavating to the top of the tank, on-site personnel shall drain product into approved drums or other approved receptacles. Any associated piping to be abandoned-in-place shall be properly secured or capped. Any piping removal shall adhere to Section 175.830. Further excavation below the top of the tank is not allowed until STSS is present and has verified that tank conditions meet the LEL/oxygen criteria of subsection (d)(9).

6. All liquids shall be removed from the tank using explosion-proof pumps or hand pumps.

7. The tank atmosphere and the excavation area shall be regularly monitored with a combustible gas indicator for flammable or combustible vapor concentration. Monitoring the UST shall be done at 3 levels in the tank: top, middle and bottom. A confined space entry permit shall be obtained prior to tank entry and SDS must be on site.

8. Vapor freeing shall be done in accordance with API 1604, except that dry ice shall not be allowed as a method of inerting tanks. When vapor freeing the tank with compressed air or using inert gases under pressure, all devices shall be bonded to the tank and the tank shall be grounded to a separate ground. When using inert gases, the cylinder shall be equipped with a pressure gauge so that no more than 5 psi can be discharged into the tank during vapor freeing procedures. To ensure and maintain proper grounding and bonding, the connections shall be tested by the licensed contractor for continuity. This testing shall be done with equipment designed for continuity testing. When vapor freeing a tank, plastic pipes shall not be allowed as a vent tube on eductors.

9. The tank shall be regularly monitored to ensure that explosive conditions do not exist. A maximum of 5% of the LEL, or 5% or less oxygen concentration, shall be attained before the tank is considered safe for abandonment.

10. An STSS shall be on site before any tanks and piping are abandoned in place or before any hot work can proceed.

11. A sufficient number of holes or openings shall be made in the tank for abandonment-in-place procedures if existing openings are not adequate.

12. Cleaning procedures shall be in accordance with API 2015, incorporated by reference in 41 Ill. Adm. Code 174.210. Protective respiratory equipment for tank cleaning personnel shall be the type that provides positive air pressure to a full-face mask throughout the breathing cycle, in accordance with API 2015.

13. After cleaning, on-site personnel shall proceed to introduce an OSFM-approved, inert material through openings in the top of the tank to minimize any surface settling subsequent to abandonment of the tank in place. Allowed inert material shall be limited to sand, gravel, clay, bentonite or inert material mixed with portland cement to increase flowability. The portland cement concentration may not exceed 50 lbs. per cubic yard of mixed material. Tripolymer foam may only be used on compartment tanks where at least 1 compartment is not being abandoned in place and will remain in use. Any other materials must be approved by OSFM during the permit process. The procedure for filling shall be in accordance with API 1604.

14. After the tank is filled with inert material, all tank openings shall be plugged or capped unless it was necessary to cut open the tank top. The vent line shall be disconnected, capped and removed.

15. Every abandonment-in-place requires a site assessment (see 41 Ill. Adm. Code 176.330).

16. When a UST is abandoned-in-place, the owner of the UST shall keep a permanent record of the UST location, the date of abandonment-in-place and the procedure used for abandonment-in-place.

e) When a UST is allowed to be abandoned-in-place, as specified in this Section, the abandoned-in-place UST shall be removed when the condition for issuing the abandonment permit no longer exists. The removal procedures shall be followed and a removal permit is required.

f) Compliance with subsections (d)(1) through (d)(14) is the responsibility of the licensed contractor. Compliance with subsections (d)(15) through (d)(16) is the responsibility of the owner.

History

• Source: Amended at 48 Ill. Reg. 12838, effective August 7, 2024

41 Ill. Adm. Code 175.900 General Requirements

a) Implementation of requirements. Owners and operators must comply with the requirements of this Part for UST systems with field-constructed tanks and airport hydrant systems as follows:

1. For UST systems installed on or before October 13, 2015 the requirements are effective according to the following schedule:

Requirement

Effective Date

Upgrading UST systems; general operating requirements; and operator training

October 13, 2018

Release detection

October 13, 2018

Release reporting, response, and investigation; closure; financial responsibility and notification (except as provided in subsection (b))

October 13, 2015

2. For UST systems installed after October 13, 2015, the requirements apply at installation.

b) Not later than October 13, 2018, all owners of previously deferred UST systems must submit a one-time notice of tank system existence to OSFM, using the form required by 41 Ill. Adm. Code 176.440. Owners and operators of UST systems in use as of October 13, 2015 must demonstrate financial responsibility at the time of submission of the notification form.

c) Except as provided in Section 175.910, owners and operators must comply with the requirements of 41 Ill. Adm. Code 174, 175, 176 and 177.

d) Airport hydrant systems and field constructed tanks shall be designed and constructed by professional engineers with training and experience in the design of those systems. In addition to the other codes of practice listed in 41 Ill. Adm. Code 174.210, owners and operators may use military construction criteria, such as Unified Facilities Criteria (UFC) 3-460-01, Petroleum Fuel Facilities, or may also use NFPA 407 Standard for Aircraft Fuel Servicing when designing, constructing and installing airport hydrant systems and field-constructed tanks, when applicable.

History

• Source: Added at 42 Ill. Reg. 10476, effective October 13, 2018

41 Ill. Adm. Code 175.910 Additions, Exceptions, and Alternatives for Ust Systems with Field-Constructed Tanks and Airport Hydrant Systems

a) Exception to piping secondary containment requirements. Owners and operators may use single-walled piping when installing or replacing piping associated with UST systems with field-constructed tanks greater than 50,000 gallons and piping associated with airport hydrant systems. Piping associated with UST systems with field-constructed tanks less than or equal to 50,000 gallons and not part of an airport hydrant system must meet the secondary containment requirement when installed or replaced.

b) Upgrade requirements. Not later than October 13, 2018, airport hydrant systems and UST systems with field-constructed tanks, when installation commenced on or before October 13, 2015, must meet the following requirements or be permanently closed pursuant to Section 175.830 or 175.840.

1. Corrosion protection. UST system components in contact with the ground that routinely contain regulated substances must meet one of the following:

A) Except as provided in subsection (a), the new UST system performance standards for tanks at Section 175.400 and for piping at Section 175.420; or

B) Be constructed of metal and be cathodically protected, according to a code of practice developed by a nationally recognized association or independent testing laboratory, and meet the following:

i) Cathodic protection must meet the requirements of Sections 175.400(b) and 175.510 for tanks and Sections 175.420(a) and 175.510 for piping.

ii) Pursuant to Section 175.510(a), tanks without cathodic protection must be assessed to ensure the tank is structurally sound and free of corrosion holes prior to adding cathodic protection. The assessment must be by internal inspection or another method determined by OSFM to adequately assess the tank for structural soundness and corrosion holes.

2. Spill and overfill prevention equipment. To prevent spilling and overfilling associated with product transfer to the UST system, all UST systems with field-constructed tanks and airport hydrant systems must comply with new UST system spill and overfill prevention equipment requirements specified in Section 175.405.

c) Walkthrough inspections. In addition to the walkthrough inspection requirements in 41 Ill. Adm. Code 176.655(b), owners and operators must inspect the following additional areas for airport hydrant systems at least once every 30 days, if confined space entry according to the Occupational Safety and Health Administration (see 29 CFR 1910) is not required, or at least annually, if confined space entry is required, and keep documentation of the inspection (see 41 Ill. Adm. Code 176.655(b)).

1. Hydrant pits: Visually check for any damage; remove any liquid or debris; check for any leaks.

2. Hydrant piping vaults: Check for any hydrant piping leaks.

d) Release detection. Owners and operators of UST systems with field-constructed tanks and airport hydrant systems, when installation commenced on or before October 13, 2015, must begin meeting the release detection requirements described in this Subpart not later than October 13, 2018.

1. Methods of release detection for field-constructed tanks. Owners and operators of field-constructed tanks with a capacity less than or equal to 50,000 gallons must meet the release detection requirements in Subpart F. Owners and operators of field-constructed tanks with a capacity greater than 50,000 gallons must meet either the requirements in Subpart F (except Section 175.630(d) and (e)) must be combined with inventory control (see subsection (d)(1)(E)) or use one or a combination of the following alternative methods of release detection:

A) Conduct an annual tank tightness test that can detect a 0.5 gallon per hour leak rate;

B) Use an automatic tank gauging system to perform release detection at least every 30 days that can detect a leak rate less than or equal to one gallon per hour. This method must be combined with a tank tightness test that can detect a 0.2 gallon per hour leak rate performed at least every 3 years;

C) Use an automatic tank gauging system to perform release detection at least every 30 days that can detect a leak rate less than or equal to 2 gallons per hour. This method must be combined with a tank tightness test that can detect a 0.2 gallon per hour leak rate performed at least every 2 years;

D) Perform vapor monitoring (conducted in accordance with Section 175.630(d) for a tracer compound placed in the tank system) capable of detecting a 0.1 gallon per hour leak rate at least every 2 years;

E) Perform inventory control (conducted in accordance with Department of Defense Manual 4140.25; the ATA Airport Fuel Facility Operations and Maintenance Guidance Manual; or equivalent procedures) at least every 30 days that can detect a leak equal to or less than 0.5% of flow-through and either:

i) Perform a tank tightness test that can detect a 0.5 gallon per hour leak rate at least every 2 years; or

ii) Perform vapor monitoring or groundwater monitoring (conducted in accordance with Section 175.630(d) and (e), respectively, for the stored regulated substance) at least every 30 days; or

F) Another method approved by OSFM if the owner and operator can demonstrate that the method can detect a release as effectively as any of the methods allowed in subsections (d)(1)(A) through (d)(1)(E). Demonstration of any such method shall be submitted in writing to OSFM. In comparing methods, OSFM shall consider the size of release that the method can detect and the frequency and reliability with which it can be detected. If the method is approved, the owner or operator shall comply with any conditions imposed by OSFM on its use to ensure the protection of human health and the environment. Before the utilization of the method, OSFM shall issue written approval.

2. Methods of release detection for piping. Owners and operators of underground piping associated with field-constructed tanks less than or equal to 50,000 gallons must meet the release detection requirements in Subpart F. Owners and operators of underground piping associated with airport hydrant systems and field-constructed tanks greater than 50,000 gallons must follow either the requirements in Subpart F (except Section 175.630(d) and (e) must be combined with inventory control; see subsection (d)(2)(C)) or use one or a combination of the following alternative methods of release detection:

A) Acceptable methods of leak detection:

i) Perform a semiannual or annual line tightness test at or above the piping operating pressure in accordance with the following table.

Maximum Leak Detection Rate Per Test Section Volume

Test Section

Volume (gallons)

Semiannual Test

leak detection rate

not to exceed

(gallons/hour)

Annual Test

leak detection rate

not to exceed (gallons/hour)

<50,000

1.0

0.5

≥50,000 to <75,000

1.5

0.75

≥75,000 to <100,000

2.0

1.0

≥100,000

3.0

1.5

ii) Piping segment volumes ≥100,000 gallons not capable of meeting the maximum 3.0 gallon per hour leak rate for the semiannual test may be tested at a leak rate up to 6.0 gallons per hour according to the following schedule:

Phase In For Piping Segments ≥100,000 Gallons In Volume

First Test

Not later than October 13, 2018 (may use up to 6.0 gph leak rate)

Second Test

Between October 13, 2018 and October 13, 2021 (may use up to 6.0 gph leak rate)

Third Test

Between October 13, 2021 and October 13, 2022 (must use 3.0 gph for leak rate)

Subsequent Tests

After October 13, 2022, begin using semiannual or annual line testing according to the Maximum Leak Detection Rate Per Test Section Volume table in subsection (d)(2)(A)(i)

B) Perform vapor monitoring (conducted in accordance with Section 175.630(d) for a tracer compound placed in the tank system) capable of detecting a 0.1 gallon per hour leak rate at least every 2 years;

C) Perform inventory control (conducted in accordance with Department of Defense Manual 4140.25; ATA Airport Fuel Facility Operations and Maintenance Guidance Manual; or equivalent procedures) at least every 30 days that can detect a leak equal to or less than 0.5% of flow-through and either:

i) Perform a line tightness test (conducted in accordance with subsection (d)(2)(A) using the leak rates for the semiannual test) at least every 2 years; or

ii) Perform vapor monitoring or groundwater monitoring (conducted in accordance with Section 175.630(d) or (e), respectively, for the stored regulated substance) at least every 30 days; or

D) Another method approved by OSFM if the owner and operator can demonstrate that the method can detect a release as effectively as any of the methods allowed in subsections (d)(2)(A) through (d)(2)(C). Demonstration of any such method shall be submitted in writing to OSFM. In comparing methods, OSFM shall consider the size of release that the method can detect and the frequency and reliability with which it can be detected. If the method is approved, the owner or operator shall comply with any conditions imposed by OSFM on its use to ensure the protection of human health or the environment. Before the utilization of the method, OSFM shall issue written approval.

3. Recordkeeping for release detection. Owners and operators must maintain release detection records according to the recordkeeping requirements in Section 175.650.

e) Applicability of closure requirements to previously closed UST systems. When directed by OSFM, the owner and operator of a UST system, with field-constructed tanks or airport hydrant system permanently closed before October 13, 2015, must assess the excavation zone and close the UST system in accordance with Section 175.830 or 175.840, and 41 Ill. Adm. Code 176.Subpart C, if releases from the UST may, in the judgment of OSFM, pose a current or potential threat to human health and the environment.

History

• Source: Added at 42 Ill. Reg. 10476, effective October 13, 2018

41 Ill. Adm. Code 175.920 Partial Exclusions for Aboveground Storage Tanks Associated with Airport Hydrant Systems and Field-Constructed Tanks

Aboveground storage tanks (ASTs) associated with airport hydrant systems and field-constructed tanks shall not be required to comply with 41 Ill. Adm. Code 174, 175, 176 and 177, except that they are required to comply with release reporting, response and corrective action requirements in 41 Ill. Adm. Code 176.300 through 176.360, and shall comply with 41 Ill. Adm. Code 160 and 180, as applicable. These ASTs shall also comply with the requirements for partially excluded USTs found at 41 Ill. Adm. Code 174.100 (definition of underground storage tank system).

History

• Source: Added at 42 Ill. Reg. 10476, effective October 13, 2018

41 Ill. Adm. Code 175.APPENDIX A Ust Activity That Cannot Proceed Without an Osfm Inspector on Site

In addition to obtaining a permit pursuant to 41 Ill. Adm. Code 175.300, the UST activities listed in this Appendix A will require that the inspection be scheduled with OSFM as an OSI, meaning under circumstances where the work cannot proceed in the absence of having an STSS on site. (See Section 175.320, regarding scheduling of UST activity.) Proceeding without completion of the required OSFM inspection is a violation of OSFM rules.

Removal of a UST or UST system, or removal of over 20 feet or 50% of the total piping run or an entire underground pipe run

Abandonment-in-place, tanks or piping

UST hot work/tank entry (if cutting or penetration of tank shell or work capable of providing a source of ignition or heat is involved) (See definition of "hot work" at 41 Ill. Adm. Code 174.100)

Lining and lining inspection

Installation of a UST or UST system, or installation of over 20 feet or 50% of the total piping run or an entire underground pipe run (See Section 175.320(c))

History

• Source: Amended at 48 Ill. Reg. 12838, effective August 7, 2024

41 Ill. Adm. Code 175.APPENDIX B the Type of Osfm Permit Required for Specific Permitted Ust Activities

Pursuant to Section 175.300 and 41 Ill. Adm. Code 174.440 and 174.450, the UST activities listed in this Appendix B will require the kinds of permits listed in this chart. A UST contractor portal for the on-line submission of permit applications and the scheduling of permitted work can be found at https://webapps.sfm.illinois.gov/USTPortal/Home/Login?ReturnUrl=%2fUSTPortal.

Type of UST Activity

Permit Required

Installation of a complete UST with all components, or installation of just the tank

Installation permit and motor fuel dispensing permit pursuant to Section 175.200

Installation of any portion of a UST (except corrosion protection or lining)

Upgrade permit and motor fuel dispensing permit pursuant to Section 175.200 as may be applicable

Removal of a UST or UST system, or removal of over 20 feet or 50% of the total piping run or an entire underground pipe run

Removal permit

Abandonment-in-place of any tank or piping

Abandonment-in-place permit

UST repair to make an existing UST part functional, but not including lining or corrosion protection

Upgrade permit

Tank lining or tank lining inspections

Lining or interior lining inspection permit

Emergency repairs (excluding corrosion protection)

Upgrade permit (see the procedures of Section 175.710)

Repair or install cathodic protection or corrosion protection, including on flex connectors

Cathodic protection permit

Manway installation (no separate upgrade or entry permit for a manway is required where the original lining permit or lining inspection permit includes the installation of a manway)

Hot work/tank entry permit

UST activity requiring the cutting or penetration of the tank shell in any way (no separate hot work permit required where a lining or lining inspection permit is being issued)

Hot work/tank entry permit

Installation, upgrade or removal of leak detection systems

Upgrade permit

New spill containment (except that replacement of spill containment is a like-for-like replacement that requires only notification to OSFM pursuant to Section 175.300)

Upgrade permit

Installation or replacement of a remote fill

Upgrade permit

New or replaced overfill prevention equipment (except that replacement of drop tube valves are like-for-like replacements that require only notification to OSFM pursuant to Section 175.300)

Upgrade permit

Installation or replacement of dispensers where piping or any other transitional components at or below the shear valve (including the shear valve) are replaced at the same time

Upgrade permit

Installation or replacement of an ATG unit (except that replacement of ATG probes are like-for-like replacements that require only notification to OSFM pursuant to Section 175.300)

Upgrade permit

Installation or replacement of a flex connector (only)

Upgrade permit

Installation of wristband anodes or spike anodes on an existing flex connector (only)

Cathodic protection permit

Installation or replacement of a flex connector and wristband anodes or spike anodes on the flex connector (only)

Cathodic protection permit (shall also be licensed in the retrofitting/installation module)

Connecting a new or existing bulk load-out to a new or existing UST at a motor fuel dispensing facility

Upgrade permit (Installation permit if an entire UST is being installed)

Construction of a building or structure where loading or unloading or dispensing operations will occur

Motor fuel dispensing permit pursuant to Section 175.200

Site for the mobile fueling of commercial vehicle fleets (pursuant to Section 2(1)(d)(C) of the Gasoline Storage Act [430 ILCS 15/2(1)(d)(C)])

Mobile fueling site permit (pursuant to 41 Ill. Adm. Code 174.440 and 174.450)

Tank vehicle to be used for the mobile fueling of commercial vehicle fleets (pursuant to Section 2(1)(d)(C) of the Gasoline Storage Act [430 ILCS 15/2(1)(d)(C)])

Mobile fueling vehicle permit (pursuant to 41 Ill. Adm. Code 174.440 and 174.450)

Person, company, or other entity proposing to conduct mobile fueling using tank vehicles to be used for the mobile fueling of commercial vehicle fleets (pursuant to Section 2(1)(d)(C) of the Gasoline Storage Act [430 ILCS 15/2(1)(d)(C)])

Mobile fueling contractor permit (pursuant to 41 Ill. Adm. Code 174.440 and 174.450)

History

• Source: Amended at 48 Ill. Reg. 12838, effective August 7, 2024

41 Ill. Adm. Code 175.APPENDIX C Derivation Table (repealed)

History

• Source: Repealed at 42 Ill. Reg. 10476, effective October 13, 2018

Part 176 Administrative Requirements for Underground Storage Tanks and the Storage, Transportation, Sale and Use of Petroleum and Other Regulated Substances

41 Ill. Adm. Code 176.100 Incorporation of Definitions

Unless otherwise provided in this Part, all terms in this Part shall have the definitions provided by 41 Ill. Adm. Code 174.100.

History

• Source: Amended at 42 Ill. Reg. 10621, effective October 13, 2018

41 Ill. Adm. Code 176.200 Definitions

"Bodily Injury" means bodily injury, sickness or disease sustained by a person, including death at any time, resulting from a release of petroleum from a UST.

"Occurrence" means an accident, including continuous or repeated exposure to conditions, that results in a release of petroleum into the environment from a UST.

"Property Damage" means physical injury to, destruction of, or contamination of tangible property, including all resulting loss of use of that property; or loss of use of tangible property that is not physically injured, destroyed or contaminated, but has been evacuated, withdrawn from use, or rendered inaccessible because of an occurrence.

"Provider of Financial Assurance" means an entity that provides financial assurance to an owner or operator of a UST through one or more mechanisms listed in Section 176.215, including the fiduciary of a designated savings account.

"Tangible Net Worth" means the tangible assets that remain after deducting total liabilities. These assets do not include intangibles such as goodwill and rights to patents or royalties. For purposes of this definition, "assets" means all existing and all probable future economic benefits obtained or controlled by a particular entity as a result of past transactions.

"Underground Storage Tank Trust Fund" or "UST Fund" means the fund created as a special fund in the Illinois State Treasury at 415 ILCS 5/57.11.

History

• Source: Amended at 42 Ill. Reg. 10621, effective October 13, 2018

41 Ill. Adm. Code 176.205 Applicability

a) This Subpart B applies to all owners or operators of USTs in the ground as of April 1, 1995 and implements Section 6.1 of the Gasoline Storage Act [430 ILCS 15/6.1], which imposes a State law financial assurance requirement of $20,000 per owner or operator.

b) All owners or operators of hazardous substance USTs are excluded from regulation under this Subpart B.

c) Although the UST Fund assists certain petroleum UST owners in paying for corrective action or third-party liability (see 415 ILCS 5/57.9), for purposes of this Subpart the UST Fund is not considered a mechanism for the financial responsibility compliance required under Section 6.1 of the Gasoline Storage Act as implemented by this Subpart.

History

• Source: Amended at 42 Ill. Reg. 10621, effective October 13, 2018

41 Ill. Adm. Code 176.210 Amount

Each owner or operator shall maintain financial responsibility in the sum of $20,000, regardless of the number of USTs or facilities owned or operated. This $20,000 shall be comprised as follows:

a) $10,000 per occurrence for corrective action; and

b) $10,000 per occurrence for third-party liability for bodily injury or property damage.

41 Ill. Adm. Code 176.215 Mechanisms of Financial Responsibility

Under Section 6.1 of the Gasoline Storage Act, only the following may be considered acceptable mechanisms for financial responsibility:

a) Commercial or private insurance, including risk retention groups;

b) Self-insurance, if there is a tangible net worth of at least $200,000;

c) Guarantee;

d) Surety bond;

e) Letter of credit;

f) Certificate of deposit;

g) Designated savings account; or

h) Any combination of the mechanisms listed in this Section.

History

• Source: Amended at 42 Ill. Reg. 10621, effective October 13, 2018

41 Ill. Adm. Code 176.220 Proof of Financial Responsibility

a) Proof of financial responsibility for Section 176.215(a), (b), (c), (d) or (e) shall be maintained on the respective OSFM forms, which may be complemented by industry customs and practices so long as the OSFM form language is utilized. The forms are available at https://sfm.illinois.gov/about/divisions/petroleum-chemical-safety/applications-and-forms.html. Any requirement to submit original documents to OSFM on third party instruments shall by governed by ISP 98 Form 11.1 (Model Government Standby Form), incorporated by reference in 41 Ill. Adm. Code 174.210.

b) Proof of financial responsibility for Section 176.215(f) or (g) shall be documented by written proof from the appropriate financial institution that is at all times current, as reflected by copies of the same records on file with the financial institution.

c) The forms referenced in subsection (a) shall be renewed on an annual basis.

d) A completed Certificate of Financial Responsibility indicating the financial responsibility mechanism chosen under Section 176.215 by the owner or operator, on forms provided by OSFM (available at the website cited in subsection (a)) shall be submitted electronically to OSFM on an annual basis, at the forms page for the Division of Petroleum and Chemical Safety at https://sfm.illinois.gov/about/divisions/petroleum-chemical-safety/applications-and-forms.html.

e) If a self-insurance mechanism (under Section 176.215(b)) is chosen, the facility shall submit copies of the required proof to OSFM on an annual basis, which shall include:

1. the annual Certificate of Financial Responsibility under subsection (d), indicating the financial responsibility mechanism chosen;

2. a letter by the owner's/operator's Chief Financial Officer that may include the items specified for this letter as stated in 40 CFR 280.95, but must demonstrate at least a tangible net worth equal to or greater than $200,000;

3. a statement prepared by an independent public accountant that may include the financial criteria and requirements of 40 CFR 280.95, but must demonstrate at least a tangible net worth equal to or greater than $200,000.

f) Facilities that choose a self-insurance mechanism and are owned and operated by the US Government or the State of Illinois shall complete the annual Certificate of Financial Responsibility but shall not be required to provide the documentation described in subsections (e)(2) and (e)(3).

g) The forms referenced in subsections (a), (b) and (c) shall include the name, address and facility identification number for each facility, as applicable.

History

• Source: Amended at 47 Ill. Reg. 6949, effective May 2, 2023

41 Ill. Adm. Code 176.225 Substitution of Financial Responsibility Mechanisms by an Owner or Operator

a) An owner or operator may substitute any alternative financial responsibility mechanism specified in Section 176.215, provided that at all times the owner or operator maintains an effective financial responsibility mechanism or combination of mechanisms that satisfies the requirements of this Subpart.

b) After replacing a financial responsibility mechanism with a different mechanism specified in Section 176.215, an owner or operator may cancel the replaced financial responsibility mechanism by providing notice to the provider of financial assurance.

History

• Source: Amended at 42 Ill. Reg. 10621, effective October 13, 2018

41 Ill. Adm. Code 176.230 Cancellation or Non-Renewal by a Provider of Financial Assurance

a) Except as otherwise provided, a provider of financial assurance may cancel or fail to renew an assurance mechanism by sending notice of termination by certified mail to the owner or operator.

1. Termination of a guarantee, surety bond or letter of credit may not occur until 120 days after the date on which the owner or operator receives the notice of termination as evidenced by the return receipt.

2. Termination of commercial or private insurance or risk retention group coverage may not occur until 60 days after the date on which the owner or operator receives the notice of termination as evidenced by the return receipt.

b) If a provider of financial assurance cancels or fails to renew an assurance mechanism, the owner or operator must obtain replacement coverage, in a mechanism allowed by Section 176.215, within 60 days after receipt of the notice of termination. When the owner or operator fails to obtain replacement coverage within 60 days after receipt of the notice of termination, the owner or operator shall notify OSFM of that failure, in writing, by certified mail, within 10 days. The notification to OSFM shall include:

1. Name and address of the provider of financial assurance;

2. Effective date of termination;

3. Evidence of the financial responsibility mechanism subject to the termination, maintained in accordance with Section 176.240(b); and

4. Name, address and facility identification number for each affected facility.

History

• Source: Amended at 42 Ill. Reg. 10621, effective October 13, 2018

41 Ill. Adm. Code 176.235 Reporting by Owner or Operator (repealed)

History

• Source: Repealed at 42 Ill. Reg. 10621, effective October 13, 2018

41 Ill. Adm. Code 176.240 Recordkeeping

a) Owners or operators shall maintain evidence of all financial responsibility mechanisms used to demonstrate financial responsibility (pursuant to this Subpart) for a UST until released from the requirements of this Subpart under Section 176.245. An owner or operator shall maintain that evidence at the UST site or the owner's or operator's principal place of business. Records maintained off-site shall be made available upon written or oral request from OSFM.

b) An owner or operator shall maintain a copy of the following types of evidence of financial responsibility:

1. An owner or operator using a financial responsibility mechanism as specified in Section 176.215 shall maintain a copy of the instrument required under Section 176.220.

2. An owner or operator using a financial test or guarantee shall maintain a copy of the chief financial officer's letter based on year-end financial statements for the most recent completed financial reporting year. This evidence shall be on file no later than 180 days after the close of the financial reporting year. The letter by the Chief Financial Officer shall be accompanied by the documents identified in Section 176.220(e)(1) and (e)(3) and may include the items specified for this letter in 40 CFR 280.95, but must demonstrate at least a tangible net worth equal to or greater than $200,000.

3. An owner or operator using a commercial or private insurance policy or risk retention group coverage shall maintain a copy of the signed insurance policy or risk retention group coverage policy, with the endorsement or certificate of insurance and any amendments to the agreement.

History

• Source: Amended at 42 Ill. Reg. 10621, effective October 13, 2018

41 Ill. Adm. Code 176.245 Release from the Requirements

An owner or operator is no longer required to maintain financial responsibility pursuant to this Subpart for a UST after the UST has been removed or abandoned-in-place, in accordance with 41 Ill. Adm. Code 175.830 and 175.840.

41 Ill. Adm. Code 176.250 Bankruptcy or Other Incapacity of Owner, Operator or Provider of Financial Assurance

a) Within 10 days after commencement of a voluntary or involuntary proceeding for relief under the United States Bankruptcy Code (11 USC 101 et seq.) naming an owner or operator as debtor, the owner or operator must notify OSFM by certified mail of that commencement and submit the appropriate forms listed in Section 176.240(b), documenting current financial responsibility.

b) Within 10 days after commencement of a voluntary or involuntary proceeding for relief under the United States Bankruptcy Code naming a guarantor providing financial assurance as debtor, the guarantor must notify the owner or operator by certified mail of that commencement.

c) An owner or operator who obtains financial assurance by a mechanism other than the financial test of self-insurance will be deemed to be without the required financial responsibility in the event of a bankruptcy or incapacity of its provider of financial assurance or a suspension or revocation of the authority of the provider of financial assurance to issue a guarantee, commercial or private insurance policy, risk retention group coverage policy, surety bond, letter of credit or certificate of deposit or act as fiduciary of a designated savings account. The owner or operator must obtain alternative financial assurance as specified in Section 176.215 within 30 days after receiving notice of such an event.

History

• Source: Amended at 42 Ill. Reg. 10621, effective October 13, 2018

41 Ill. Adm. Code 176.300 Reporting of Suspected Releases

a) Owners or operators of USTs shall immediately report to IEMA (from Illinois, 1-800-782-7860; from outside Illinois, 217/782-7860) and follow the procedures in Sections 176.310, 176.320(b) and (c) and 176.350 in any of the following situations:

1. The discovery by owners, operators, product delivery drivers or others of released regulated substances at the UST site or in the surrounding area (such as the presence of free product or vapors in soils, basements, sewer or utility lines or nearby surface water);

2. Unusual operating conditions observed by owners or operators (such as the erratic behavior of product dispensing equipment, the sudden loss of product from the UST or an unexplained presence of water in the tank, or liquid in the interstitial space of any secondarily contained systems), unless:

A) The system equipment or component is found not to be releasing regulated substances to the environment;

B) Any defective system equipment or component is immediately repaired or replaced; and

C) For secondarily contained systems, except as provided for in 41 Ill. Adm. Code 175.630(f)(1)(B)(iv), any liquid in the interstitial space not used as part of the interstitial monitoring method (for example, brine filled) is immediately removed;

3. Monitoring results, including investigation of an alarm, from a release detection method required under 41 Ill. Adm. Code 175.620, 175.630 or 175.640 that indicate a release may have occurred, unless one or more of the following exists:

A) The monitoring device is found to be defective and is immediately repaired, recalibrated or replaced, and additional monitoring does not confirm the initial result;

B) The leak is contained in the secondary containment and:

i) Except as provided for in 41 Ill. Adm. Code 175.630(f)(1)(B)(iv), any liquid in the interstitial space not used as part of the interstitial monitoring method (for example, brine filled) is immediately removed; and

ii) Any defective system equipment or component is immediately repaired or replaced;

C) In the case of monthly inventory control, described in 41 Ill. Adm. Code 175.Subpart I, a second month of data does not confirm the initial result or the investigation determines that no release has occurred; or

D) The alarm was investigated and determined to be a nonrelease event (for example, from a power surge or caused by filling the tank during release detection testing).

b) In addition to IEMA, the 911 call center shall immediately be called when a suspected release presents a hazard to life, for example, when observations demonstrate the presence of petroleum or hazardous substance vapors in sewers or basements or free product near utility lines, or where a sheen is present on a body of water.

c) Once a release has been confirmed under the procedures of Section 176.310, the reporting procedures of Section 176.320 shall apply.

d) Notification of Suspected Release at the Direction of the storage tank safety specialist (STSS) employed by OSFM. The owner, operator or designated representative of the UST must notify IEMA and any other entities required to be notified under Section 176.320 of a suspected release, when directed to do so by the STSS. This is to be done at the time of discovery and the incident number shall be given to the STSS prior to leaving the site.

History

• Source: Amended at 42 Ill. Reg. 10621, effective October 13, 2018

41 Ill. Adm. Code 176.310 Release Investigation Reporting and Site Assessment

a) Investigation Due to Off-Site Impact. When required in writing by OSFM, owners or operators of USTs shall follow the procedures in Subpart C to determine if the UST is the source of off-site impacts. These impacts include the discovery of regulated substances, such as the presence of free product or vapors in soils, basements, sewer or utility lines or nearby surface or drinking water that have been observed by OSFM or brought to its attention by another party.

b) Release Investigations and Confirmation Steps. Unless corrective action is initiated in accordance with 35 Ill. Adm. Code 734, owners or operators shall immediately investigate and within 7 days shall confirm the presence or absence of all suspected releases of regulated substances requiring reporting, using the following procedures:

1. System Test. Owners and operators must conduct tests (according to the requirements for precision testing in 41 Ill. Adm. Code 175.630(b) and 175.640(a)(4) or, as appropriate, secondary containment testing described in 41 Ill. Adm. Code 175.700(d).)

A) The test must determine whether:

i) A leak exists in that portion of the tank that routinely contains product, or the attached delivery piping; or

ii) A breach of either wall of the secondary containment has occurred.

B) If the system test confirms a leak into the interstice or a release, owners and operators shall repair, replace, upgrade or decommission the UST. In addition, owners and operators shall begin corrective action pursuant to 35 Ill. Adm. Code 734 if the test results for the system, tank or delivery piping indicate that a release exists;

2. Further investigation is not required if the test results for the tank system and delivery piping do not indicate that a release exists and if environmental contamination is not the basis for suspecting a release; and

3. Owners or operators shall conduct a site assessment (utilizing the requirements of Section 176.330) if environmental contamination is the basis for suspecting a release. In the event lab results are not forthcoming within 7 days, the owner/operator shall have such reasonable additional time as is necessary to receive the results, but the total time period to confirm the presence or absence of a release and report any confirmed release shall not in any event exceed 45 days.

c) Initial Site Assessment. An initial site assessment shall follow the procedures and requirements identified in Section 176.330.

1. If the site assessment results for the excavation zone or the UST site indicate that a release has occurred, owners or operators shall begin initial response and initial abatement procedures under Sections 176.350 and 176.320(b) and (c), and begin corrective action pursuant to 35 Ill. Adm. Code 734.

2. If the site assessment results for the excavation zone or the UST site do not indicate that a release has occurred, further investigation is not required.

History

• Source: Amended at 42 Ill. Reg. 10621, effective October 13, 2018

41 Ill. Adm. Code 176.320 Initial Response and Reporting of Confirmed Releases

Initial Response. Upon confirmation of a release of a regulated substance, owners or operators shall perform the following initial response actions:

a) Immediately report the release.

1. The release shall be reported by calling the 911 call center and then IEMA in the following situations:

A) Spills and overfills of petroleum products over 25 gallons and spills and overfills of hazardous substances over a reportable quantity as defined in 41 Ill. Adm. Code 174.100.

B) Spills, overfills or confirmed releases that present a hazard to life, for example, when observations demonstrate the presence of petroleum or hazardous substance vapors in sewers or basements or free product near utility lines, or where a sheen is present on a body of water.

2. All other confirmed releases shall be reported to the local authority having jurisdiction and to IEMA. A call to the fire department in whose jurisdiction the release occurred may be done in the absence of an available 911 emergency telephone number. IEMA may be reached at 1-800-782-7860 (from inside Illinois) or 217-782-7860 (from outside Illinois). If known, the caller shall inform IEMA whether the same release had previously been called in as a suspected release.

3. A release of a hazardous substance equal to or in excess of the reportable quantity shall be reported to the following entities in addition to those identified in subsection (a)(1):

A) to the Local Emergency Planning Committee (LEPC) that is likely to be affected by the release (found at www.illinois.gov/iema/ Preparedness/SERC/Documents/LEPC_ReleaseReportingContactList.pdf; and

B) the National Response Center (800-424-8802);

b) Take immediate action to prevent any further release of the regulated substance into the environment; and

c) Immediately identify and mitigate fire, explosion and vapor hazards.

History

• Source: Amended at 42 Ill. Reg. 10621, effective October 13, 2018

41 Ill. Adm. Code 176.330 Procedures for Site Assessments

a) All site assessments and related reports must be conducted or prepared under the supervision of a Licensed Professional Engineer or Licensed Professional Geologist. All site assessment work shall meet accepted engineering standards or accepted standards for the practice of professional geology and be conducted according to the best professional judgment and diligence of the supervising Licensed Professional Engineer or Licensed Professional Geologist, as the case may be.

b) Owners or operators shall measure for the presence of a release where contamination is most likely to be present at the UST site by conducting sampling in the same manner and following the same procedures as required under the Illinois Pollution Control Board's Petroleum Underground Storage Tanks rules at 35 Ill. Adm. Code 734.210(h)(1) and (2). Samples must be analyzed for the same applicable indicator contaminants as required under 35 Ill. Adm. Code 734.405. All sampling must meet the same data quality and certification requirements as set forth in 35 Ill. Adm. Code 734.415 and 734.420. If soil borings are involved the owner or operator must follow the same requirements as set forth in 35 Ill. Adm. Code 734.425 and 734.435. For all UST removals, samples shall be taken in native soil with the excavation for the removal still open and prior to backfill and with the STSS still on site. For abandonment-in-place, samples may be taken prior to or on the day of abandonment-in-place and shall meet the requirements of this Section. In selecting sample types, sample locations and sample measurement methods, owners or operators shall also consider the nature of the stored substance, the type of initial alarm or cause for suspicion, if any, the method of tank removal or abandonment-in-place, the types of backfill, the depth of groundwater and other factors appropriate for identifying the presence and source of a release. Packaging for shipping or delivery should be done in a manner that will preserve the sample and prevent deterioration or dilution, as for example, putting samples in sealed containers in ice.

c) Within 45 days after receipt of lab results from a full site assessment pursuant to subsection (b), owners or operators must designate and electronically submit to OSFM, on OSFM electronic forms (titled "Site Assessment Results" form and available at https://sfm.illinois.gov/about/divisions/petroleum-chemical-safety/applications-and-forms.html), a "contamination" or "no contamination" result indicating whether a release has occurred, along with associated lab results. This determination shall be based upon an evaluation of lab results to determine whether any contamination has been found. The determination must be certified by a Licensed Professional Engineer or Licensed Professional Geologist. Even if "no contamination" is being reported, the analytical report with tables and a site map showing sampling/boring locations shall be submitted to OSFM. In the event a suspected release was previously called into IEMA and is being confirmed by site assessment, the "contamination" or "no contamination" result on the Site Assessment Results form shall be provided to IEPA in addition to OSFM.

d) In the event that sampling or other site observations disclose evidence of a release or site assessment lab results show site contamination, the owner or operator shall immediately notify IEMA and any other required entities of a suspected release, as required by Section 176.320, and begin corrective action pursuant to 35 Ill. Adm. Code 734.

e) Records generated from site assessments and related activity shall be kept at the site (or available within 30 minutes or before OSFM completes its inspection, whichever is later) and may not be discarded or destroyed unless and until a No Further Remediation (NFR) letter is issued by IEPA or until the site permanently ceases the activity involved in using the USTs and any site assessments required under this Part are completed and show no evidence of contamination. Owners or operators claiming that required records were destroyed, discarded or lost prior to September 1, 2010 or by a prior owner of the subject UST property shall conduct a new site assessment when the assessment is required by OSFM rules for continued or future use of the USTs.

History

• Source: Amended at 47 Ill. Reg. 6949, effective May 2, 2023

41 Ill. Adm. Code 176.340 Reporting and Cleanup of Spills and Overfills

a) Owners or operators of USTs shall contain and immediately clean up a spill or overfill, immediately report either release to the 911 call center and then to IEMA, begin initial response and initial abatement in accordance with Sections 176.310, 176.320 and 176.350, and begin corrective action pursuant to 35 Ill. Adm. Code 734, in the following situations:

1. Spill or overfill of petroleum that results in a release to the environment that exceeds 25 gallons or that causes a sheen on a nearby body of water; or

2. Spill or overfill of a hazardous substance that results in a release to the environment that equals or exceeds the reportable quantity (see 41 Ill. Adm. Code 174.100). Under Section 176.320, this kind of release shall also be immediately reported to the Local Emergency Planning Committee and to the National Response Center.

b) Owners or operators of USTs shall contain and immediately clean up a spill or overfill of petroleum that is 25 gallons or less and a spill or overfill of a hazardous substance that is less than the reportable quantity. In doing so, the owner or operator shall comply with procedures specified in Section 176.350. If cleanup cannot be accomplished within 24 hours, owners or operators shall immediately notify IEMA and the local authority having jurisdiction of the release.

History

• Source: Amended at 42 Ill. Reg. 10621, effective October 13, 2018

41 Ill. Adm. Code 176.350 Initial Release Abatement Measures

Unless directed in writing to do otherwise by OSFM, owners or operators shall perform the following release abatement measures:

a) Remove as much of the regulated substance from the UST as is necessary to prevent further release to the environment;

b) Visually inspect any aboveground release or exposed belowground release and prevent further migration of the released substance into surrounding soils and groundwater;

c) Continue to monitor and mitigate any additional fire and safety hazards posed by vapors or free product that have migrated from the UST excavation zone and entered into subsurface structures (such as sewers or basements); and

d) Remedy hazards posed by contaminated soils that are excavated or exposed as a result of release confirmation, site investigation, abatement or corrective action activities. If these remedies include treatment or disposal of soils, the owner or operator shall comply with applicable State and local requirements.

41 Ill. Adm. Code 176.360 Assessing the Site at Removal Of, Previously Removed, Abandonment-in-Place or Change-in-Service of Usts

a) Before the STSS leaves the site for the day and while the excavation for a removal is still open (prior to any backfill placed back into the excavation), prior to submitting a permit for abandonment-in-place or up through the day of the abandonment-in-place, or prior to a change in service from a regulated product to an unregulated product, the following procedures shall be conducted:

1. The owner or operator shall perform a site assessment using the procedures and requirements of Section 176.330;

2. The owner or operator, or the owner or operator's designated representative, shall immediately report a release or suspected release, based upon a visual observation by STSS or upon a site assessment showing the existence of a release, to IEMA and any other entities required under Section 176.320 and secure an incident number. If confirmation of the release is via a visual observation by STSS or otherwise confirmed while STSS is still on site, the incident number shall be provided to STSS at the conclusion of the removal or abandonment-in-place and prior to the departure of STSS.

3. If contaminated soils, contaminated groundwater or free product as a liquid or vapor, resulting from a UST release is discovered, the owner or operator shall begin initial response and initial abatement procedures in accordance with Sections 176.310, 176.320 and 176.350 and begin corrective action pursuant to 35 Ill. Adm. Code 734.

b) When directed in writing by OSFM, the owner or operator of a UST previously removed shall assess the excavation zone (including, if so ordered, re-excavating and assessing the site where the tank had been located) in accordance with Section 176.330. The owner of the UST may also be required to submit a completed Notification for Underground Storage Tanks form in accordance with Section 176.440.

History

• Source: Amended at 47 Ill. Reg. 6949, effective May 2, 2023

41 Ill. Adm. Code 176.400 Delegation of Authority to Enforce Ust Rules and Regulations

Pursuant to 430 ILCS 15/2, OSFM is authorized to delegate enforcement of its UST rules and regulations to any municipality having a population over 500,000. Subject to the terms of the delegation agreement, such delegation may include permitting, inspections, the completion and issuance of inspection forms and notices and enforcement activities regarding UST activities within the jurisdiction of that municipality, including assessing and collecting permit fees for the municipality's own use that would otherwise have been assessed and collected by OSFM.

a) OSFM will maintain oversight concerning delegated enforcement.

b) Subject to the terms of a delegation agreement, when OSFM is expressly authorized to initiate enforcement action, that municipality has concurrent authority under Section 2(1)(a) of the Gasoline Storage Act [430 ILCS 15/2(1)(a)].

c) The rules and regulations of that municipality regarding UST activities within the jurisdiction of that municipality shall be identical to the OSFM rules found at 41 Ill. Adm. Code 172 through 177.

History

• Source: Amended at 48 Ill. Reg. 12876, effective August 7, 2024

41 Ill. Adm. Code 176.410 General Requirement to Maintain All Equipment

All equipment and other items shall be maintained in accordance with 41 Ill. Adm. Code 174 through 176 and manufacturer's instructions and otherwise shall be kept in good operating condition at all times.

41 Ill. Adm. Code 176.420 Requirement That Ust Components Be Third Party Listed

a) All installed UST components and ancillary equipment shall be third party listed (see 41 Ill. Adm. Code 174.100) for their performance in the intended use, as well as installed and maintained according to the manufacturer's instructions. Replaceable subcomponents shall be of a type recommended by the manufacturer.

b) In addition to the requirement that all UST components be third party listed for their performance in the intended use, all UST components must also be third party listed or certified by the manufacturer as compatible with the product to be stored under 41 Ill. Adm. Code 175.415. This would include third party listing requirements for components used with alternative or blended fuels and product compatibility requirements for hazardous substance USTs, see 41 Ill. Adm. Code 175.415 and 175.620.

History

• Source: Amended at 42 Ill. Reg. 10621, effective October 13, 2018

41 Ill. Adm. Code 176.430 Reporting and Recordkeeping

a) Reporting. Owners and operators must submit the following information to OSFM:

1. Notification for all USTs (Section 176.440), which includes notification when any person assumes ownership of a UST system (Section 176.440(g));

2. Notification prior to UST systems switching to certain regulated substances (41 Ill. Adm. Code 175.415(b));

3. Certification of installation for USTs (Section 176.430(f));

4. Reports of all releases, including suspected releases (Section 176.300), spills and overfills (Section 176.340), and confirmed releases (Section 176.320);

5. Initial response, including leak abatement, site characterization, and fire and explosion mitigation (40 CFR 280, subpart F, incorporated by reference in 41 Ill. Adm. Code 174.210) when requested by OSFM;

6. A notification related to change-in-service (41 Ill. Adm. Code 175.820(d));

7. A completed Site Assessment Results form (Section 176.330(c)), to be submitted to OSFM within 45 days after the receipt of laboratory data in connection with a site assessment; and

8. Proof of financial responsibility on an annual basis (Section 176.220).

b) Recordkeeping. Owners and operators must maintain the following information for the life of the UST (unless a shorter or longer period is provided in this subsection (b) or by the applicable Section cited or by other OSFM rule):

1. Documentation of operation of corrosion protection equipment and methods (see 41 Ill. Adm. Code 175.500 and 175.510).

2. Documentation of UST repairs (see 41 Ill. Adm. Code 175.700 and 175.710).

3. All records required to show compliance with release detection requirements (see 41 Ill. Adm. Code 175.600 through 175.650), with all tank and piping precision test results kept for 2 years or at least until the next precision test, whichever is longer.

4. All written performance claims pertaining to any release detection system used, and the manner in which these claims have been justified or tested by the equipment manufacturer or installer.

5. Written documentation of all calibration, maintenance and repair of release detection equipment permanently located on site, including schedules of required calibration and maintenance provided by the release detection equipment manufacturer.

6. Documentation of compliance with testing, inspection and recordkeeping for spill and overfill prevention equipment and containment sumps used for interstitial monitoring of piping (see 41 Ill. Adm. Code 175.405 and 175.410).

7. The results of any sampling, testing or monitoring not specified in subsections (a), (b), (f) and (g).

8. The results of the vapor and groundwater monitoring site assessments conducted pursuant to 41 Ill. Adm. Code 175.650(e)(2)(F).

9. Results of the site assessment conducted at removal, abandonment-in-place or change-in-service (see 41 Ill. Adm. Code 175.800) and copies of the results of any other site assessment conducted pursuant to OSFM rules with all completed Site Assessment Results forms submitted to OSFM pursuant to Section 176.330.

10. Proof of financial responsibility submitted under Section 176.220.

11. Copies of all records submitted to OSFM under subsections (a), (f) and (g).

12. Copies of the records required by Sections 176.645 and 176.655.

13. Tank Installation information, including all paperwork relating to the manufacturer's instructions and warranty, final tank and line precision test results and the contractor's certification of UST installation and the related documentation required by subsection (f).

14. Copies of annual release detection operation tests required by 41 Ill. Adm. Code 175.610(a)(4), including the annual automatic tank gauge (ATG) configuration test results.

15. Documentation of compatibility for UST systems (see 41 Ill. Adm. Code 175.415).

c) Availability and Maintenance of Records. Owners or operators shall keep the records required in subsection (b) at the UST site or available to the OSFM inspector within 30 minutes or before OSFM completes its inspection, whichever is later, via fax, email or other transfer of information. Financial responsibility records may be maintained at the owner or operator's principal place of business and shall be produced within 10 days after OSFM request.

d) Owners or operators of unmanned sites will be given prior notification of certification audit of those sites.

e) Failure to maintain or produce the records required under this Section may result in OSFM's issuance of a red tag or revocation of a green decal for the tank or tanks or facility at issue (see 41 Ill. Adm. Code 177), prohibiting any further operation of the facility or further deposit of regulated substances into a tank subject to a red tag.

f) Certification of UST Installation and Related Documentation

1. Licensed contractors shall certify, on the electronic Notification for Underground Storage Tanks form provided by OSFM at https://sfm.illinois.gov/about/divisions/petroleum-chemical-safety/applications-and-forms.html, that:

A) The installer has been certified or licensed by OSFM. If applicable, the licensed contractor shall also certify that the installer has been certified by the tank and piping manufacturers.

B) The installation has been performed in accordance with 41 Ill. Adm. Code 172 through 176.

C) All work listed in the manufacturer's installation checklist has been completed and submitted in accordance with this subsection (f), 41 Ill. Adm. Code 175.400 and 175.465, Section 176.420 (or compliance with applicable third-party standards or codes cited in OSFM rules as of the date of installation), and Section 176.440(f), if applicable.

2. Licensed contractors shall complete the manufacturer's installation checklist for USTs, which shall be available at the time of final inspection. The owner and operator shall maintain a copy of the checklist on-site for the life of the UST.

3. In lieu of the licensed contractor's certification, an owner or operator may provide OSFM with a certification from a licensed professional engineer with education and experience in UST installation stating that the UST installation was inspected by that engineer and that the UST installation was properly installed in accordance with manufacturer's recommendations and OSFM rules.

4. OSFM shall not issue a green decal pursuant to 41 Ill. Adm. Code 177.115 for the UST until OSFM has received the completed certification of UST installation by the licensed contractor or the certification of proper installation from a licensed professional engineer.

g) Results from tank and piping precision testing, cathodic protection testing, containment sump testing, functionality testing of automatic or mechanical line leak detectors, interstitial sensor testing, automatic tank gauge certification, and overfill equipment inspections shall be handled as follows:

1. All results are to be issued to the facility and owner.

2. Results that fail must be submitted electronically to OSFM by the licensed testing contractor within 3 working days.

3. All results shall be submitted to OSFM. The results must be submitted with an electronic form provided by OSFM. The electronic form is available at the forms page of the OSFM's Division of Petroleum and Chemical Safety at the website cited in subsection (f)(1).

History

• Source: Amended at 47 Ill. Reg. 6949, effective May 2, 2023

41 Ill. Adm. Code 176.440 Notification Requirements for Purposes of Ust Registration

a) For any UST, with the exception of a UST containing heating oil for consumptive use on the premises where stored:

1. Any owner of a UST in operation at any time after January 1, 1974, and in the ground as of September 24, 1987, shall submit immediately a notice of existence of the tank system to OSFM, on the electronic Notification for Underground Storage Tanks form and the accompanying Authorization to Submit provided by OSFM, available at the forms page for the Division of Petroleum and Chemical Safety at https://sfm.illinois.gov/about/divisions/petroleum-chemical-safety/applications-and-forms.html.

2. Any owner of a UST brought into operation on or after April 21, 1989 shall submit, within 30 days before bringing the tank into operation, a notice of existence of the tank system to OSFM, on the electronic Notification for Underground Storage Tanks form provided by OSFM at the website cited in subsection (a)(1). This applies even if the UST was subject to a change-in-service under 41 Ill. Adm. Code 175.820(a) or (b) within the 30-day time period.

3. OSFM shall use the information required to be submitted under this subsection (a) to determine whether a UST must be registered.

b) For a UST containing heating oil for consumptive use on the premises where stored:

1. Any owner of a heating oil UST greater than 1,100 gallons in capacity and in the ground as of July 11, 1990 shall submit immediately a notice of existence of the tank system to OSFM, on the electronic Notification for Underground Storage Tanks form provided by OSFM.

2. Any owner of a heating oil UST greater than 110 gallons and less than or equal to 1,100 gallons in capacity and in the ground as of September 6, 1991 shall submit immediately a notice of existence of the tank system to OSFM, on the electronic Notification for Underground Storage Tanks form provided by OSFM.

3. Any owner of a heating oil UST greater than 110 gallons in capacity installed after September 6, 1991 shall submit, within 30 days after bringing the tank into operation, a notice of existence of the tank system to OSFM, on the electronic Notification for Underground Storage Tanks form provided by OSFM. This applies even if the UST was subject to a change-in-service under 41 Ill. Adm. Code 175.820(a) or (b) within the 30-day time period.

4. A heating oil tank used exclusively for storing heating oil for consumptive use on a farm or residence is not classified as a UST.

5. OSFM shall use the information required to be submitted by this subsection (b) to determine whether a UST must be registered.

c) Owners required to submit notices under subsection (a) or (b) shall provide notice for each tank they own. Owners may provide notice for more than one tank using one notification form, but owners who own tanks located at more than one facility shall file a separate notification form for each separate facility. The owner shall provide the proper street address for the owner and for each facility.

d) Owners shall provide all of the information required in subsections (a) and (b), on the electronic Notification for Underground Storage Tanks forms provided by OSFM, including any certification required of the owner by this Part.

e) Any owner of a UST newly installed on or after April 21, 1989 shall certify compliance with the following requirements (in the electronic Certification of Compliance/Installation Oath and in the electronic Notification for Underground Storage Tanks form found at the website cited in subsection (a)(1)):

1. Installation of tanks under 41 Ill. Adm. Code 175.400, 175.405, 175.410 and 175.465, Sections 176.420 (or compliance with applicable third-party standards or codes as cited in OSFM rules as of the date of installation) and 176.430(f) and installation of piping under 41 Ill. Adm. Code 175.420;

2. Cathodic protection of steel tanks and piping under 41 Ill. Adm. Code 175.400(b), 175.420(a) and 175.510;

3. Release detection under 41 Ill. Adm. Code 175.610, 175.620, 175.630 and 175.640; and

4. Financial responsibility in accordance with Subpart B of this Part. The green decal shall not be issued for a new tank installation until the notification required by this Section has been received by OSFM.

f) Beginning January 1, 1989, all owners and operators of USTs being installed shall ensure that the licensed contractor certifies in the electronic Notification for Underground Storage Tanks form that the methods used to perform the UST activity comply with the requirements of 41 Ill. Adm. Code 172, 174, 175, 176 and 177, and the contractor shall complete the certification. The notification form (found at the website cited in subsection (a)(1)) is to be submitted to OSFM prior to the final installation inspection with OSFM.

g) Any change in information stated in the form as described in subsections (a) and (b) is to be submitted to OSFM on an electronic Notification for Underground Storage Tanks (found at the website cited in subsection (a)(1)) within 30 days, commencing from the date of the change. This includes, but is not limited to out-of-service status. A change in ownership is considered a change in information and each subsequent owner is required to report that change within 30 days after acquisition. The new owner shall electronically complete the Notification for Underground Storage Tanks form, the accompanying Authorization to Submit, and provide the Property Identification Number (PIN) for the facility property when completing these forms. Copies of proof of legal ownership, including, but not limited to the current deed, property tax record, contract or lease, shall be downloaded at the OSFM website cited in subsection (a)(1) above when completing this electronic Notification for Underground Storage Tanks forms.

h) Commencing April 1, 1995, any person who sells a new or re-certified tank intended to be used as a UST shall notify the purchaser of the owner's notification obligations under this Section. The electronic Notification for Underground Storage Tanks form provided by OSFM (found at the website cited in subsection (a)(1)) shall be used to comply with this requirement.

i) Whenever a Notification for Underground Storage Tanks form is required under this Part or Parts 174 or 175, the form shall be completed and submitted electronically, and shall include the completed Authorization to Submit. These forms will require the owner to include the Property Identification Number (PIN) for the facility property.

History

• Source: Amended at 47 Ill. Reg. 6949, effective May 2, 2023

41 Ill. Adm. Code 176.450 Ust Registration Fees

a) For USTs, with the exception of USTs containing heating oil for consumptive use on the premises where stored, the owner of any petroleum or hazardous substance UST required to be registered with OSFM prior to September 24, 1987, and who did not do so, shall register and pay OSFM a registration fee of $500 per tank.. This fee is to be paid by check or money order made payable to Office of the State Fire Marshal, or electronic payment via the electronic Notification for Underground Storage Tanks form, available at the forms page for the Division of Petroleum and Chemical Safety at https://sfm.illinois.gov/about/divisions/petroleum-chemical-safety/applications-and-forms.html. For purposes of this subsection, "owner" refers only to the last owner as of September 23, 1987.

b) For USTs containing heating oil greater than 110 gallons for consumptive use on the premises where stored:

1. The owner of any heating oil UST in the ground as of September 6, 1991 who first registered the tank with OSFM prior to July 2, 1992 shall pay to OSFM a registration fee of $100 per tank. This fee is to be paid by check or money order made payable to Office of the State Fire Marshal, or electronic payment via the electronic Notification for Underground Storage Tanks form, available at the forms page for the Division of Petroleum and Chemical Safety at the website cited in subsection (a) or electronic payment via the electronic Notification for Underground Storage Tanks form, available at the forms page for the Division of Petroleum and Chemical Safety at the website cited in subsection (a).

2. The owner of any heating oil UST in the ground as of September 6, 1991 who first registered the tank with OSFM on or after July 2, 1992 (never having been registered) shall pay to OSFM a registration fee of $500 per tank. This fee is to be paid by check or money order made payable to Office of the State Fire Marshal, or electronic payment via the electronic Notification for Underground Storage Tanks form, available at the forms page for the Division of Petroleum and Chemical Safety at the website cited in subsection (a).

3. The owner who first registers a heating oil UST is responsible for the fee under either subsection (b)(1) or (b)(2), whichever is applicable, but not both.

4. The owner of any heating oil UST in the ground as of July 11, 1990, but removed prior to September 6, 1991, although regulated, is not required to pay a registration fee.

5. The owner of any heating oil UST installed in the ground on or after July 2, 1992, although regulated, is not required to pay a registration fee.

History

• Source: Amended at 47 Ill. Reg. 6949, effective May 2, 2023

41 Ill. Adm. Code 176.455 Payment of 1988 Annual Ust Fee

The owner of any registered underground petroleum storage tank (excluding heating oil USTs for consumptive use on the premises where stored) in the ground at any time in 1988 and in operation at any time after January 1, 1974 shall pay a 1988 annual fee of $100 per tank. This fee is to be paid by check or money order made payable to "Office of the State Fire Marshal", or electronic payment via the electronic Notification for Underground Storage Tanks form, available at the forms page for the Division of Petroleum and Chemical Safety at https://sfm.illinois.gov/about/divisions/petroleum-chemical-safety/applications-and-forms.html.

History

• Source: Amended at 47 Ill. Reg. 6949, effective May 2, 2023

41 Ill. Adm. Code 176.460 Pre-'74 and Heating Oil Usts

USTs not in operation at any time after January 1, 1974 (commonly referred to as "pre-'74 USTs"), and non-farm and non-residential heating oil USTs for consumptive use on the premises where stored, remain classified as USTs and require a permit to be abandoned-in-place or removed and are subject to all other applicable UST requirements, except for those requirements specifically exempted by this Section or by Section 176.440.

a) Pursuant to Sections 2(3)(f) and 4(b)(1)(A) of the Gasoline Storage Act, pre-'74 USTs are not required to be registered and need not be removed, unless the OSFM has determined that a release from the USTs poses a current or potential threat to human health and the environment.

b) In accordance with Section 57.5(g) of the Illinois Environmental Protection Act [415 ILCS 5/57.5(g)] and Section 4 of the Gasoline Storage Act, a heating oil UST for consumptive use on the premises where stored, regardless of when last in operation, is not required to be removed unless OSFM has determined that a release from the UST poses a current or potential threat to human health and the environment. However, the UST is subject to the notification requirements, as well as compliance with all other applicable Sections of 41 Ill. Adm. Code 175 and this Part.

c) Heating oil USTs installed prior to April 1, 1995 are not required to meet the upgrade requirements for corrosion protection, spill and overfill prevention, and release detection in 41 Ill. Adm. Code 174 and 175 and this Part. Heating oil USTs installed after April 1, 1995 must meet all current upgrade requirements outlined in 41 Ill. Adm. Code 174 and 175 and this Part, including permitting.

d) If any pre-'74 tank, heating oil or otherwise, discovered during any activity is found to be damaged or is damaged at the time of discovery, it shall be removed. No structure shall be erected over pre-'74 tanks, heating oil or otherwise, and they must be removed by an OSFM-licensed contractor. All applicable permits apply.

41 Ill. Adm. Code 176.470 Requirements for Conducting Precision Testing of Tanks and Piping, Cathodic Protection Testing, and Inspection and Testing of Ust Equipment

Employees of an OSFM-licensed contractor conducting cathodic protection testing shall be ICC certified in the appropriate module and be licensed by OSFM pursuant to 41 Ill. Adm. Code 172. All employees of an OSFM-licensed contractor conducting precision testing of tanks and piping shall be ICC certified in the appropriate module or be certified by the manufacturer of the testing equipment being used. All employees of an OSFM-licensed contractor conducting only inspection and testing of UST equipment shall be ICC certified in the installation/retrofitting module or shall have other documentation as allowed by subsection (b) (see definition of "module" at 41 Ill. Adm. Code 174.100).

a) Tank precision test methods shall be evaluated and listed by an independent third-party. Proof of evaluation and listing shall be demonstrated by the methods being published in the NWGLDE publication "List of Leak Detection Evaluations for Storage Tank Systems", incorporated by reference in 41 Ill. Adm. Code 174.210(a). All tank tightness methods are subject to approval by OSFM.

b) A certified employee of the OSFM-licensed contractor shall be on site and actively supervising the work at all times. For cathodic protection, that employee must be ICC certified in the cathodic protection module exam. For precision testing of tanks and piping, the employee of the OSFM-licensed contractor must be ICC certified in the appropriate module specified at 41 Ill. Adm. Code 172.60(b) or be certified by the manufacturer in the testing of the equipment being evaluated for its operation in accordance with manufacturer's specifications. For inspection and testing of UST equipment, under 41 Ill. Adm. Code 172.40(b)(4) the employee of the OSFM-licensed contractor must have a passing score on the OSFM-approved exam for the installation/retrofitting module or have the credentials and training as required by the manufacturer's recommended procedures and instructions. The employing licensed contractor may certify the employee has the requisite credentials and training.

c) Other UST equipment. Other UST equipment or components or technology that are newly developed and not covered by a specific provision of OSFM rules shall be evaluated and listed under a national code or standard in accordance with Section 176.420. The equipment, components, or technology must also be tested by a certified employee, under 41 Ill. Adm. Code 172.40(b)(4), that has a passing score on the required OSFM-approved exam for the installation/retrofitting module or has the credentials and training as required by the manufacturer's recommended procedures and instructions. The employing licensed contractor may certify the employee has the requisite credentials and training.

d) Each tester shall also abide by any other applicable requirements found in 41 Ill. Adm. Code 172.

History

• Source: Amended at 48 Ill. Reg. 12876, effective August 7, 2024

41 Ill. Adm. Code 176.500 Definitions

"Revocation of the Registration of an Underground Storage Tank System" means termination by OSFM of the registration of a UST.

History

• Source: Amended at 42 Ill. Reg. 10621, effective October 13, 2018

41 Ill. Adm. Code 176.505 Enforcement Action

Except in the case of an emergency administrative order, all enforcement action shall begin with the issuance of an NOV by OSFM. The violations cited on the NOV shall be corrected within 60 calendar days after the issuance of the NOV. A copy of the NOV shall be left with any owner, employee or agent of the owner at the facility at the time of inspection or may be mailed or served by other legal process in the case of a closed or unattended facility.

History

• Source: Amended at 42 Ill. Reg. 10621, effective October 13, 2018

41 Ill. Adm. Code 176.510 Grounds and Time for Appeal

An Administrative Order issued pursuant to the Gasoline Storage Act or OSFM rules promulgated pursuant to that Act may be appealed in accordance with this Subpart. An appeal of an Administrative Order issued pursuant to this Section may only be requested within 10 days after receipt and must be in writing. (See Section 2(3)(e) of the Gasoline Storage Act.)

History

• Source: Amended at 47 Ill. Reg. 6949, effective May 2, 2023

41 Ill. Adm. Code 176.515 Notice of Hearing

Notice of the time and place for any hearing shall be given to any party concerned at least 30 days prior to the hearing date. If an attorney, through written communication, is known to represent any party to a hearing, then notice is to be given to that attorney. Notice sent to the last known address by U.S. Mail, registered or certified, addressed to all parties concerned or their attorneys, when applicable, is sufficient.

41 Ill. Adm. Code 176.520 Continuances

A hearing officer may, for good cause, grant a continuance at the request of a party or a continuance on the hearing officer's own motion. Good cause may include, but is not limited to, death or hospitalization of a party or assigned counsel, natural disasters prohibiting attendance, and other unforeseen circumstances. Requests by a party for continuances must be preceded by contacting the opposing party and asking for agreement to the continuance. At the direction of the hearing officer, a hearing may be adjourned to permit further testimony or argument when beneficial to the development of a clear and complete record. Scheduling conflicts of an attorney constitute grounds for a continuance only when the conflict is with another judicial body. Any grant by the Hearing Officer of a continuance sought by a party on less than two days notice prior to the assigned hearing date may be conditioned upon that party bearing any court reporting or other recording costs resulting from the continuance.

41 Ill. Adm. Code 176.525 Appearances

At hearings before OSFM, parties to a proceeding may represent themselves or may be represented by an attorney licensed to practice law in the State of Illinois. The failure of a party to be represented by an attorney does not constitute grounds for a rehearing; likewise, the choice by parties to be represented by themselves or designated individuals does not constitute such grounds. For each party to the hearing, a written appearance shall be filed at or before the start of the hearing.

41 Ill. Adm. Code 176.530 Service of Papers and Computation of Time

a) Persons filing papers with OSFM shall simultaneously serve copies on all parties to the proceeding.

b) If agreed between the parties, parties may serve copies of any filing on each other via email. Email service on the hearing officer is not permitted.

c) Papers required to be filed with OSFM shall be accompanied by proof of service upon all those required to be served.

d) All papers required to be filed with OSFM must be filed at its principal office at 1035 Stevenson Drive, Springfield, Illinois 62703, during business hours, or mailed to its principal office prior to the applicable deadline.

e) If the deadline for a filing falls on a holiday, Saturday or Sunday, the deadline for filing will automatically be extended to the next business day.

41 Ill. Adm. Code 176.535 Stipulations

a) It is the policy of OSFM that the parties to a proceeding should, to the fullest extent possible, stipulate all matters that are not, or fairly should not be, in dispute.

b) At the hearing, the parties may file a stipulation setting forth:

1. All pertinent matters that are not in dispute;

2. A list of all exhibits to which there are no objections;

3. Matters that are in dispute.

41 Ill. Adm. Code 176.540 Evidence

a) Irrelevant, immaterial or unduly repetitious evidence shall be excluded. The rules of evidence and privilege as applied in civil cases in the circuit courts of Illinois shall be followed. However, evidence not admissible under such rules of evidence may be admitted (except where precluded by statute) if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. [5 ILCS 100/10-40]

b) When objection is made to the admissibility of evidence, the Hearing Officer shall either receive the disputed evidence subject to ruling at a later time, or may exclude the evidence at that time. A party offering evidence that is ruled inadmissible shall be permitted to make a brief offer of proof.

c) Writings shall be legible and exhibits shall be plainly marked and identified. The hearing record shall reflect the identity of the party offering an exhibit and shall indicate whether it was admitted into evidence.

41 Ill. Adm. Code 176.545 Official Notice

The Hearing Officer may take official notice of all facts of which judicial notice may be taken, including facts of a technical nature within the specialized knowledge and experience of OSFM. This notice may include any of the content of any practice, standard or code that is by reference incorporated at 41 Ill. Adm. Code 174.210.

41 Ill. Adm. Code 176.550 Authority of Hearing Officer

The Hearing Officer shall have all powers necessary to conduct a hearing, avoid delay, maintain order, and insure the development of a clear and complete record, including the power to:

a) Administer oaths and affirmations;

b) Preside over the hearings, regulate the course of hearings, set the time for filing documents, and provide for the taking of testimony by deposition, when necessary;

c) Set the time and place for the continuance of a hearing once the hearing has commenced (Section 176.520 governs the continuance of a hearing prior to its commencement);

d) Examine witnesses and direct witnesses to testify, limit the number of times any witness may testify, limit repetitious or cumulative testimony, and set reasonable limits on the amount of time each witness may testify and be cross-examined;

e) Receive evidence, rule upon objections to admissibility of evidence, and rule upon offers of proof;

f) Issue subpoenas that require attendance, testimony or the production of papers, books, documentary evidence or other tangible things;

g) Dispose of procedural requests or similar matters;

h) Require prior submission of testimony and exhibits in writing and set any deadlines for the filing of documents;

i) Direct parties to appear and confer for the settlement or simplification of issues, and to otherwise conduct prehearing conferences;

j) Reprimand or exclude from the hearing any person for indecorous or improper conduct committed in the presence of the Hearing Officer;

k) Order the parties to submit briefs on issues of first impression. These briefs shall be limited to 15 pages, including proposed findings of fact and conclusions of law, and shall be submitted after the close of evidence and proofs pursuant to the procedures of Section 176.560;

l) Render findings of fact, conclusions of law, opinions and recommendations for an Order of the State Fire Marshal;

m) Enter any Order that expedites the purpose of this Part; and

n) Generally conduct the hearing and all pre-hearing and post-hearing matters according to this Subpart.

41 Ill. Adm. Code 176.555 Default

a) Failure of a party to appear on the date set for hearing or failure to proceed as ordered by the State Fire Marshal shall constitute a default and the administrative order appealed from shall become final. Any court reporting costs incurred because of the failure to appear may be assessed against the party that failed to appear.

b) Appeals, petitions, motions or other requests for relief that are not prosecuted diligently may be dismissed for want of prosecution.

41 Ill. Adm. Code 176.560 Post-Hearing Submissions

a) Unless otherwise directed by the Hearing Officer, the parties may submit written proposed findings of fact and conclusions of law (proposed findings) to the Hearing Officer within 14 days after the close of the hearing or such other reasonable time as the Hearing Officer shall determine, consistent with the responsibility of the State Fire Marshal for an expeditious decision. Proposed findings shall not exceed 15 pages in length on regular 8½ by 11 inch paper with 1-inch margins. The proposed findings of fact and conclusions of law shall be separately stated.

b) All parties who wish to submit proposed findings, or are ordered by the Hearing Officer to submit briefs also containing proposed findings, must submit the following by the applicable deadline:

1. one original and two paper copies of the party's proposed findings of fact and conclusions of law. The two paper copies shall be identically compiled and stapled;

2. an electronic text version of the brief, in a format compatible with Microsoft Word, on a disc or other computer file memory storage device that is labeled with the name of the party and that does not have to be returned to that party;

3. a cover letter stating the party on whose behalf the brief is submitted.

41 Ill. Adm. Code 176.565 Transcripts

a) The proceedings at hearings shall be recorded electronically by OSFM and transcribed at the request and expense of the requesting party.

b) Any party can request a stenographer or court reporter at that party's expense. Upon agreement of the parties, the stenographer or court reporting costs may be divided equally. Parties who order copies of the transcript shall bear the cost of the copies.

c) Transcripts of a hearing will not be provided by OSFM to any party.

41 Ill. Adm. Code 176.570 Final Order

a) The execution of a written Order of OSFM will become effective immediately and will constitute a final administrative decision subject to the Administrative Review Law [735 ILCS 5/Art. III].

b) The parties and their attorneys shall be notified as soon as reasonably possible by sending them a copy of the Order by U.S. Mail, registered or certified, addressed to their last known address.

41 Ill. Adm. Code 176.575 License Suspension or Revocation and Assessment of Civil Monetary Fines Against a Contractor

a) The violation by a licensed contractor of a provision of 41 Ill. Adm. Code 172, 174, 175, 176 or 177, including standards incorporated by reference, may result in a suspension, revocation or refusal to issue or renew that contractor's license, in addition to any other discipline authorized under Section 80(a) of the Petroleum Equipment Contractors Licensing Act [225 ILCS 729/80(a)], for the following durations:

1. For the first violation committed, the license of any contractor may be suspended or revoked for up to one year.

2. For the second violation committed, the license of any contractor may be suspended for up to one year or may be revoked for up to two years.

3. For the third violation, and any violation thereafter, the license of any contractor may be suspended for up to one year or revoked permanently.

b) The violation by a contractor of a provision of 41 Ill. Adm. Code 172, including standards incorporated by reference, may result in a suspension or revocation of that contractor's license for the following durations:

1. For the first violation, the license of any contractor may be suspended for up to six months.

2. For the second violation, the license of any contractor may be suspended or revoked for up to one year.

3. For the third violation, the license of any contractor may be suspended for up to one year or revoked for up to two years.

4. For the fourth violation, and any violation thereafter, the license of any contractor may be revoked for up to 5 years.

c) Effects of Suspension or Revocation

1. A contractor whose license was suspended or revoked as a result of a violation involving one or more licensed activities is also prohibited, in a like manner, for a like duration, from performing any other activity the contractor was licensed by OSFM to perform.

2. During the period of a suspension or revocation, the contractor whose license was suspended or revoked may not be licensed to perform any other activity related to USTs.

3. A contractor whose OSFM license is suspended or revoked, may not perform any UST activity requiring an OSFM license under an OSFM permit issued prior to the suspension or revocation. In such a case, the contractor is not entitled to a refund of the permit fee and is not entitled to amend the permit or permit application to list another contractor.

4. A contractor whose license has been suspended or revoked may not continue to perform UST work requiring a license issued by OSFM during the period of suspension or revocation.

5. A contractor whose OSFM license has been suspended or revoked may not be employed as an agent or subcontractor of an OSFM licensed contractor to perform any activity for which an OSFM license is required.

6. Any officer of a corporation having a suspended or revoked license, or any owner or co-owner of any other business entity having a suspended or revoked license, shall not use alternative names or licenses to continue to do UST work requiring an OSFM issued license.

7. Upon conclusion of the revocation period, a contractor whose OSFM license was revoked may perform any UST activity the contractor was licensed by OSFM to perform only by re-licensing (assuming the applicant is not otherwise prohibited from re-licensing).

8. If the period of suspension ends prior to the termination of any license period, the suspended contractor may resume performing the activity the contractor was licensed to perform for the remainder of any license period. If the period of suspension ends subsequent to the termination of any license period, the suspended contractor may not perform the activity the contractor was licensed to perform until the suspension period has ended and the contractor has been re-licensed (assuming the applicant is not otherwise prohibited from re-licensing).

d) The violation by a licensed contractor or an employee of a licensed contractor of a provision of 41 Ill. Adm. Code 172, 174, 175, 176, 177, 160 or 180, including standards incorporated by reference, may result in the issuance of an administrative citation under 41 Ill. Adm. Code 172.110, 172.120 and 172.140 for the assessment of civil monetary fines against that contractor.

History

• Source: Amended at 47 Ill. Reg. 6949, effective May 2, 2023

41 Ill. Adm. Code 176.580 Assessment of Penalties

Any person who violates any of the provisions of 41 Ill. Adm. Code 172, 174, 175, 176, 177, 160 and 180 shall be subject to penalties or any other remedies as provided by statute or rule.

History

• Source: Amended at 47 Ill. Reg. 6949, effective May 2, 2023

41 Ill. Adm. Code 176.585 Subpoena - Fees and Mileage of Witnesses

Witness and Mileage Fees. The cost of service and witness and mileage fees shall be borne by the person requesting the subpoena. Witness and mileage fees shall be the same as are paid witnesses in the circuit courts of the State of Illinois.

41 Ill. Adm. Code 176.590 Paper Hearings

Parties and staff participating in a proceeding may stipulate to the waiver of any rights they have to a hearing and may stipulate to having all matters in dispute being resolved on the basis of written pleadings and submissions that are verified or supported by affidavit and to OSFM entering a final order in the matter in reliance on those documents.

41 Ill. Adm. Code 176.600 Purpose

The purpose of this Subpart is to set forth procedures for underground storage tank operator training and inspections and to determine when the training and inspections are required.

History

• Source: Added at 36 Ill. Reg. 3187, effective February 15, 2012

41 Ill. Adm. Code 176.605 Scope

UST operator training is a requirement that applies to all underground storage tank systems regulated under 41 Ill. Adm. Code 174, 175, 176 and 177 and 42 USC 82, subchapter IX, except those excluded from the definition of an underground storage tank system and thereby excluded from regulation by 41 Ill. Adm. Code 174.100.

History

• Source: Added at 36 Ill. Reg. 3187, effective February 15, 2012

41 Ill. Adm. Code 176.610 Definitions

"Certified Operator" means a Class A, B or C Operator who has completed all the training required under this Subpart for his or her particular operator training classification.

"Class A Operator" is someone who has primary responsibility to operate and maintain a UST in accordance with applicable regulatory requirements. The Class A Operator's responsibilities often include managing resources and personnel, such as establishing work assignments, to achieve and maintain compliance with regulatory requirements.

"Class B Operator" is someone who has day-to-day responsibility for implementing applicable UST regulatory requirements and standards. The Class B Operator typically implements in-field aspects of UST operation, maintenance and recordkeeping at one or more UST facilities.

"Class C Operator" is an employee who is responsible for initially addressing alarms or other indications of emergencies caused by spills or releases from USTs. The Class C Operator typically controls or monitors the dispensing or sale of regulated substances.

"Four-Year Anniversary Date" means the four-year deadline for completion of repeat training in ordinary course, including continuing education, training and a general examination. This deadline is the later of:

Four years after the completion of initial or repeat training (see Section 176.615), as shown by the most recent valid completion certificate; or

Four years after the completion of out-of-compliance retraining (see Section 176.650), as shown by the most recent valid completion certificate.

"Manned Facility" means a UST facility that has a responsible attendant present during all hours of operation.

"Operator Training" means the training required under this Subpart.

"Provider" means an entity that provides online or other approved training and examinations for Class A, B and C Operators and issues the certificate of completion when the candidates taking the examinations have completed the training and passed the examination.

"Training Program" means any program that provides information to and evaluates the knowledge of a Class A, Class B or Class C Operator through a combination of both training and testing approved in advance by OSFM and meeting the requirements of this Subpart F.

"Unmanned Facility" means a UST facility that does not have a responsible attendant present during all hours of operation.

History

• Source: Amended at 42 Ill. Reg. 10621, effective October 13, 2018

41 Ill. Adm. Code 176.615 Class A, B and C Operator Classifications

The owner of each UST or group of USTs at a facility must have a Class A, Class B and Class C Operator designated and shall ensure that each is trained in accordance with this Subpart. Separate individuals may be designated for one or more classes of operators, so long as they successfully complete the required training program and examination according to the operator class in which the individual is designated. Each facility must designate one or more individuals for each operator class. In addition, any personnel at the facility that meet the definition of a Class C Operator as defined in Section 176.610 shall complete the Class C Operator training required for those individuals and be on the facility's list of designated Class C Operators.

History

• Source: Amended at 42 Ill. Reg. 10621, effective October 13, 2018

41 Ill. Adm. Code 176.620 Training

a) A Class A, Class B or Class C Operator satisfies the training requirements of this Subpart by completing both training and an examination, as determined to be appropriate by OSFM. This may be internet, computer software, live or equivalent training and examination so long as the training and examination is approved by OSFM in advance under Section 176.635.

b) All Class A and Class B Operators shall also complete continuing education and training requirements and a general examination, either:

1. Once every four years, with the deadline for the completion of the training and examination to be no later than the four-year anniversary date or the last retraining in response to an NOV, whichever is later; or

2. Annually, in which case there shall be no retraining in response to an NOV for the Class A or Class B Operator.

c) Class C Operators shall retrain every four years using an OSFM approved Class C Operator training program.

d) Class A or Class B Operators may retrain Class C Operators so long as the training and examination administered to the Class C Operators has been approved in advance by OSFM and otherwise meets the requirements of Section 176.635 and this Part.

History

• Source: Amended at 42 Ill. Reg. 10621, effective October 13, 2018

41 Ill. Adm. Code 176.625 Minimum Training Requirements

OSFM will approve a training mechanism for Class A, Class B and Class C Operators to be implemented by OSFM approved providers. Training and related examinations under this Subpart shall cover and test for appropriate knowledge of Illinois UST regulations. Generally, Class A, B and C Operators will be trained in the following:

a) For Class A Operators, subject matter shall include, but not be limited to, financial responsibility documentation requirements, notification requirements, release and suspected release reporting, temporary and permanent closure requirements, operator training requirements, and a general knowledge of USTs requirements, including regulations relating to spill prevention, overfill prevention, release detection, corrosion protection, emergency response, product and equipment compatibility and demonstration, environmental and regulatory consequences of releases, and related reporting, recordkeeping, testing and inspections. Class A operators must have the knowledge and skills to make informed decisions regarding compliance and to determine whether the appropriate individuals are fulfilling the operation, maintenance and recordkeeping requirements for UST systems in accordance with this subsection.

b) For Class B Operators, subject matter shall include, but not be limited to, components of UST systems, materials of UST components, methods of release detection and release prevention applied to UST components, reporting and recordkeeping requirements, operator training requirements, and the operation and maintenance requirements of USTs that relate to spill prevention, overfill prevention, release detection and related reporting, corrosion protection, emergency response and product and equipment compatibility and demonstration, environmental and regulatory consequences of releases, and related reporting, recordkeeping, testing and inspections. Training for the Class B operator must cover the general requirements that encompass all regulatory requirements and typical equipment used at UST facilities or site-specific requirements that address only the regulatory requirements and equipment specific to the facility.

c) For Class C Operators, subject matter shall include, but not be limited to:

1. recommended responses to:

A) emergencies (such as, situations posing an immediate danger or threat to the public or to the environment requiring immediate action);

B) spill alarms; and

C) releases from a UST;

2. the locations and proper operation of emergency stops;

3. the use of other emergency equipment; and

4. notifying the appropriate authorities in response to such emergencies, alarms and releases.

History

• Source: Amended at 42 Ill. Reg. 10621, effective October 13, 2018

41 Ill. Adm. Code 176.630 Examination Frequency

The owner of a facility must ensure that Class A and Class B Operators are trained within 30 days after assuming operation and maintenance responsibilities for a UST and that Class C Operators are trained before assuming responsibility involving emergency response. At no time may a UST operate without a validly-trained Class A Operator, Class B Operator and Class C Operator. Continuing education, training and a general examination regarding operator-specific subject matter shall take place once every four years for all Class C Operators. Class A and B Operators may choose to retrain either annually or every four years. Class A and B Operators who choose to retrain every four years may be required by Section 176.650 to retrain before the end of the four-year period. In all cases, evidence of completed retraining shall be available at the facility in accordance with Sections 176.645, 176.650 and 176.655.

History

• Source: Amended at 42 Ill. Reg. 10621, effective October 13, 2018

41 Ill. Adm. Code 176.635 Approval of Required Training and Examination Location

All training programs used to meet the operator training requirements must have prior written approval by OSFM. These programs must at least meet the criteria of this Subpart in order to be approved. These programs shall appropriately test the person being trained for knowledge and skills to make informed decisions regarding compliance and to implement regulatory requirements in the field regarding the relevant UST technical requirements for the Class of Operator trained, including those requirements found at 41 Ill. Adm. Code 174, 175, 176 and 177. The provider must also demonstrate its ability to maintain and track test scores and maintain appropriate security. Upon approval, the training can be conducted multiple times at multiple locations. The approved training can include in-class, online, or hands-on training. Submission of an incomplete application may result in the denial of the application. If OSFM has denied a training provider's application 3 times, the applicant shall not re-submit an application for a period of one year from the date of receipt of the third denial.

a) Course approvals shall be valid for a period of 5 years. Applications must be submitted at least 120 days prior to the first scheduled date of training and at least 120 days prior to the expiration of the course approval. Applications for approval of training courses shall be on OSFM forms on 8½ by 11 sheets of paper or via electronic submission and contain:

1. a complete course outline, including:

A) a detailed description of subject matter, order of presentation, and amount of time scheduled for the course presentation, with a breakdown of time spent on each specific area of instruction;

B) a description of all training aids, devices and handouts;

C) a description of the test to be given at the conclusion of each training course, including:

i) procedures for conducting and grading the test (including a description of the hands-on practical demonstration of knowledge at the UST site, if applicable);

ii) the passing score for the training exam and any procedure for review of failing areas and retesting for any Class A, B or C Operator who fails to achieve an initial passing grade;

iii) the number of questions per topic identified in Section 176.625; and

iv) examples or a sampling of test questions;

D) one set of proposed training materials;

E) sample certificates;

F) the methodology for verifying participation and completion;

G) the anticipated number and locations for any classroom, hands-on or webinar course to be offered;

H) the name, address and phone number of the training provider and of the contact person;

I) the credentials of any classroom, hands-on or webinar instructors, including title, affiliation and summary of professional background (i.e., a curriculum vitae); and

J) a certification that the technology or methods to be presented in the training program will satisfy Illinois and federal laws.

b) The minimum required passing score set by the training provider shall be at least 75%. The training provider must supply those individuals who successfully complete a training program with a certificate of training documenting the level of training received. Upon request, the training provider must submit individual test results and documents verifying training completion to OSFM. This information shall include student rosters, student information, test results and other information as may be requested by OSFM.

c) Training providers will be required to apply for and receive written approval from OSFM for any modifications to approved training programs prior to their implementation. All training must reflect the existing State of Illinois requirements for the operation and maintenance of USTs and must be updated for any Illinois statute or rule changes affecting operation and maintenance requirements. OSFM may review and propose revision to the entire training program at the time of any requested modification.

d) Online and software courses shall possess reasonable topic and total course minimum time requirements to insure that trainees read the online materials.

e) OSFM may periodically audit or review any training class, and the trainer shall allow a maximum of 2 OSFM employees to attend any training class on request without charge and without certification.

History

• Source: Amended at 42 Ill. Reg. 10621, effective October 13, 2018

41 Ill. Adm. Code 176.640 Examination Fees

The UST facility owner or operator shall pay the approved provider a reasonable fee for online or other approved training and testing for Class A, Class B and Class C Operators.

History

• Source: Added at 36 Ill. Reg. 3187, effective February 15, 2012

41 Ill. Adm. Code 176.645 Recordkeeping

a) The following records shall be maintained and readily available at each UST facility:

1. A list of the designated current Class A, Class B and Class C Operators for the UST facility (identified by facility number and address), including:

A) For each Class A, B and C Operator, records detailing the name, date each assumed duties, training classification (Class A, B or C or a combination), date of most recent retraining, and date current completion certificate will expire; and

B) For Class A and Class B Operators who are not permanently onsite or who are assigned to more than one facility, telephone numbers to contact the Class A and B Operators;

2. A copy of the current testing certificates showing the name of the trainee, date trained and operator class for all current Class A, B and C Operators. Class A and Class B certificates shall indicate whether the certificate is a one-year certificate or a four-year certificate. These certificates shall also be signed by the trainer and include the company name, address, phone, name of trainer, and, for computer-based programs, the name of the training program and web address where internet-based;

3. A copy of the current Class C Operator instructions or procedures required by subsection (b); and

4. A copy of the written UST facility operation and maintenance plan and all 30-day and annual walkthrough inspection checklists used by the certified operators for the past 2 years pursuant to Section 176.655.

b) The UST owner shall provide all Class C Operators with written instructions that include all of the following:

1. Emergency response procedures, including:

A) procedures for overfill protection during delivery of regulated substances;

B) operation of emergency stops;

C) appropriate responses to all alarms;

D) reporting of leaks, spills and releases; and

E) site-specific emergency procedures, if any.

2. The name and other information needed for contacting appropriate parties if a leak, spill, release or alarm occurs.

c) For unmanned facilities, the records identified in subsections (a) and (b) shall be maintained at the UST facility or available to the OSFM inspector within 30 minutes or before OSFM completes its inspection, whichever is later, via facsimile, e-mail, hand delivery or other transfer of information.

History

• Source: Amended at 42 Ill. Reg. 10621, effective October 13, 2018

41 Ill. Adm. Code 176.650 Out-of-Compliance Retraining

a) Appropriate retraining, including both training and testing, is required for both Class A and Class B Operators of USTs who do not retrain annually, when those Operators have been determined by OSFM to be out of compliance by issuing an NOV pertaining to release detection, corrosion protection, spill and overfill, financial responsibility, or failure to complete training and testing as required by this Subpart. The training program or comparable examination must be developed or administered by an independent organization, OSFM, or a recognized authority.

b) Retraining required under this Section shall be completed within 30 days after issuance of the NOV indicating noncompliance.

c) Evidence of completed retraining shall be at the UST facility and available for inspection within 30 days after issuance of the NOV indicating noncompliance. When the NOV pertains to a failure to complete the training and testing required by this Subpart, the owner must have evidence of completed training and testing at the facility and available for inspection within 30 calendar days after receipt of the NOV.

History

• Source: Amended at 42 Ill. Reg. 10621, effective October 13, 2018

41 Ill. Adm. Code 176.655 Periodic Operation and Maintenance Walkthrough Inspections and Plan; Class A, B and C Operator Responsibilities

a) At a manned facility, a Class A, Class B or Class C Operator must be onsite at all times. For unmanned facilities, emergency contact information for Class A, B and C Operators, including names and telephone numbers, shall be conspicuously posted at the facility unless a toll-free number for 24 hour dispatch to the facility has been prominently displayed at the facility. At both manned and unmanned facilities, the Class C Operator is responsible for responding to alarms or other indications of emergencies caused by spills or releases from USTs and shall be familiar with the written emergency response instructions and procedures for the facility.

b) Periodic Operation and Maintenance Walkthrough Inspections. Each Class A or Class B Operator shall perform walkthrough inspections of each storage tank system for which the Operator is designated and shall record the results of each inspection on a checklist to be maintained with the facility records. At a minimum, walkthrough inspections shall be conducted at least once every 30 days and once per year, with the results recorded on a checklist that details the inspection of the following:

1. At least once every 30 days:

A) Release detection methods, including monitoring systems and all associated sensors shall be maintained by:

i) checking to ensure that the entire system is fully operational;

ii) checking for potential releases and that there are no alarms or any other unusual operating conditions present; and

iii) checking and collecting 30-day Pass reports for ATGs and 30-day Normal reports for sensors and checking that all other required records are reviewed and current;

B) Integrity of spill and overfill prevention and spill containment equipment and manholes shall be maintained by:

i) Visually checking for damage, including cracks, holes or bulges;

ii) removing all liquid and debris;

iii) checking for a release of regulated substances in all areas of the containments, including the interstitial areas of any double-walled spill prevention equipment with interstitial monitoring;

iv) testing the overfill alarm for operation, if present;

v) checking for and removing any obstructions lodged in the fill pipe;

vi) checking to make sure the fill cap is securely on the fill pipe; and

vii) checking for all potential sources of water entry;

C) Visually checking dispensers, hoses, breakaways and hardware for leaks and damage;

D) Verifying that any impressed current cathodic protection system being utilized is operational, checking and recording that the power is on and that the voltage, amps and hour meter have the appropriate readings required under Section 175.510(f), with a log entry that shows date of inspection, initials of inspector, hour, volt and amp readings, and power on verification;

2. At least once per year:

A) All containment sumps shall be maintained by:

i) checking for visual damage to the sumps, covers and lids;

ii) checking for the presence of regulated substances or any indication that a release may have occurred; and

iii) checking that these sumps and the interstitial areas for any double-walled sumps with interstitial monitoring are free of water, product and debris;

B) All UST equipment including emergency stops shall be checked for the presence or absence of visible damage to any UST component;

C) Documentation that the emergency stops have been tested by the owner/operator or a contractor for interconnection and pump shutdown shall be submitted and the testing shall comply with the following:

i) Checking that activation of any single emergency stop results in the shutoff of all switches and pumps; and

ii) Making sure that this is done annually with the OSFM certification form completed (the OSFM form titled "Certification of Operational Testing of Emergency Stops" is available at https://www2.illinois.gov/sites/sfm/About/ Divisions/Petroleum-Chemical-Safety/Pages/Applications-and-Forms.aspx);

D) Documentation that the shear valves have been visually inspected by the owner/operator or a contractor shall be submitted and the inspection shall comply with the following:

i) checking that the shear valves are located ½ inch above or below grade, with grade being the surface upon which the dispenser is mounted;

ii) checking that the shear valves are securely mounted using a listed rigid anchor device;

iii) checking that the link arm operates when tripped, ensuring the poppet valve closes easily; and

iv) Making sure that this is done annually with the OSFM certification form completed (the OSFM form titled "Certification of Annual Inspection of All Dispenser Shear Valves" is available at the website cited in subsection (b)(2)(C));

E) All required signs are fully visible and all communication systems in place and operational;

F) All other daily, 30-day, monthly and annual inspections, testing, reporting and records are maintained as required under 41 Ill. Adm. Code 174, 175 and 176; and

G) If applicable, the tank gauge stick or groundwater bailers shall be checked for operability and serviceability (manual tank gauging or groundwater monitoring).

c) Inspection of containment sumps required by subsection (b)(2) shall be performed:

1. By an OSFM-licensed contractor that has licensure in the installation/retrofitting or inspection and testing of UST equipment module; and

2. Using an employee of an OSFM-licensed contractor for testing or inspection. Under 41 Ill. Adm. Code 172.40(b)(4), this employee shall have a passing score on the required OSFM-approved exam for the installation/retrofitting module or the credentials and training as required by the manufacturer's recommended procedures and instructions. The employing licensed contractor may certify the employee has the requisite credentials and training.

d) The OSFM 30-day and annual walkthrough inspections checklist is available at the website cited in subsection (b)(2)(C).

e) Operations and Maintenance Plan. UST facility owners and operators shall also, in conjunction with their designated Class A and B Operators, adopt and implement a written operations and maintenance plan signed by both the owner and either a Class A or Class B Operator designated for the UST facility. The plan shall be kept at the facility for the life of the UST and shall be updated to reflect changes in the UST facility equipment and operations as they occur. The operations and maintenance plan shall be as specific as possible for each facility. At a minimum, the operations and maintenance plan shall include the following:

1. A detailed plan showing what inspections, operations, testing, maintenance and recordkeeping shall be done on a daily, 30-day, monthly, and annual basis in accordance with OSFM rules.

2. A description of the manner in which UST facility owners and operators properly dispose of regulated substances spilled at the facility, including any water or soil removed from any part of the UST when there is any indication it might be or has been contaminated with a regulated substance.

3. The emergency procedures and instructions required under Section 176.645.

f) The UST facility owner and operator and certified operators shall ensure that all inspections and testing, as outlined in the operations and maintenance plan and required by this Subpart, are properly performed. They shall also ensure that the work is performed by licensed contractors if required by 41 Ill. Adm. Code 174, 175 or 176.

g) The certified operators shall provide the UST facility owner and operator with a copy of each inspection checklist and alert the owner and operator to any condition that requires follow-up actions. The certified operator doing this shall date and initial the 30-day and annual walkthrough inspection checklist, indicating that this information has been provided to the UST facility owner and operator and a description of the actions taken to correct an issue. The UST owner and operator shall promptly address and correct each compliance and maintenance item noted as being deficient on the checklist.

h) A Class A, B or C Operator shall not represent himself or herself as certified unless the person has a current valid certificate of training from an approved trainer.

History

• Source: Amended at 48 Ill. Reg. 12876, effective August 7, 2024

41 Ill. Adm. Code 176.660 Violations

A facility may not operate unless Class A, B and C Operators have been designated and trained for each UST that is being operated at each facility. Trained Operators may be assigned to more than one facility at a time as long as the requirements of this Subpart F are met, including requirements under Section 176.655(a) that a Class A, B or C Operator be on site at all times at manned (attended) facilities. Failure to comply with this Subpart shall be sufficient reason for the summary revocation of the OSFM-issued green tag providing authority to operate an underground storage tank facility whose Class A, B and C Operators have not been designated and trained. Failure to remain in compliance with UST rules may also result in OSFM's issuance of a red tag for the tanks or facility at issue, prohibiting any further operation of the facility or further deposit of regulated substances into any tank subject to a red tag. An approved training and testing program may be decertified by OSFM in the event of provider fraud, misrepresentation, negligence or noncompliance with OSFM rules, or with an OSFM certification audit recommendation, in conducting the training or testing.

History

• Source: Amended at 47 Ill. Reg. 6949, effective May 2, 2023

41 Ill. Adm. Code 176.APPENDIX A Derivation Table (repealed)

History

• Source: Repealed at 42 Ill. Reg. 10621, effective October 13, 2018

Part 177 Compliance Certification for Underground Storage Tanks

41 Ill. Adm. Code 177.100 Definitions

"Deposit" means the act of placing in or filling of a UST or directing the act of placing in or filling of a UST with a regulated substance.

"Evidence of Compliance Status" means a tag or decal issued by OSFM that is visible to persons making delivery of petroleum, petroleum product, hazardous substances or regulated substances under to this Part.

"Non-Motor Fuel Dispensing Facility" means a location where petroleum or petroleum-based product other than motor fuel is dispensed from a UST.

All other terms shall have the meanings ascribed to them in 41 Ill. Adm. Code 174.100.

History

• Source: Amended at 42 Ill. Reg. 10670, effective October 13, 2018

41 Ill. Adm. Code 177.105 Deposit Prohibited

a) Effect of Green Decal. Beginning December 22, 1998, no person shall deposit or arrange for or allow another person to deposit petroleum, petroleum product, hazardous substances or regulated substances into any UST unless evidence is displayed that the UST is in compliance with 41 Ill. Adm. Code 174, 175 and 176, except as provided in this Part.

b) Effect of Red Tag. Beginning December 22, 1998, no person shall deposit or arrange for or allow another person to deposit petroleum, petroleum product, hazardous substances or regulated substances into any UST that displays evidence that the UST is not in compliance with the applicable rules of OSFM. A depositor may make one deposit of a regulated substance to a newly installed or newly lined tank to provide ballast, or to conduct tank or line precision testing if approved by OSFM. That regulated substance shall not be sold or dispensed until the required decal is obtained.

History

• Source: Amended at 42 Ill. Reg. 10670, effective October 13, 2018

41 Ill. Adm. Code 177.110 Inspection of Ust Facilities

OSFM shall inspect UST facilities for compliance with 41 Ill. Adm. Code 174, 175 and 176 and this Part and issue an evidence of compliance status.

41 Ill. Adm. Code 177.115 Evidence of Compliance Status for Ust Facilities

a) Evidence of compliance status for UST facilities shall consist of a tag or decal issued by OSFM. The tag or decal shall be either:

1. Red: indicating non-compliance; or

2. Green: indicating compliance.

b) Evidence of compliance status (green decal) shall be affixed as follows:

1. for motor fuel dispensing facilities, to the window closest to the main entry of the motor fuel dispensing facility or, if such a window is not available, to the inside window of the dispenser cabinet;

2. for non-motor fuel dispensing facilities, near the fill pipe at a location agreed to by the representative of OSFM.

c) If more than one UST is located at the facility, and some but not all USTs are in compliance, OSFM, in its discretion, may issue a green decal that shall be affixed as provided in subsection (b) and will issue individual red tags for each of the non-compliant USTs that shall be affixed directly onto the fill pipe of the non-compliant UST or near the fill pipe of the non-compliant UST at a location approved by OSFM. When an NOV for one or more violations of OSFM UST rules under 41 Ill. Adm. Code 172, 174, 175, 176 and this Part is not corrected after 60 days, another NOV will be written to require the application of red tags to all USTs at the facility (pursuant to Sections 3.5(b) and 3.5 (c) of the Gasoline Storage Act [430 ILCS 15/3.5(b) and (c)]).

d) Evidence of compliance status may also be a notice or letter issued by OSFM indicating the facility status. The letter or notice shall be valid for 30 days from the date of the notice or letter.

e) No decal or tag shall be removed by anyone other than an employee of OSFM. Upon reaching full compliance with the requirements of 41 Ill. Adm. Code 172, 174, 175 and 176 and this Part, OSFM shall issue a green decal to a facility as soon as practicable. Upon reaching full compliance for a particular tank, OSFM shall remove any red tag prohibiting deposit into a particular UST as soon as practicable. Any request to fill a UST with a required minimal amount of fuel necessary to perform precision testing must be submitted electronically at the UST contractor portal (https://webapps.sfm.illinois.gov/USTPortal/Home/ Login?ReturnUrl=%2fUSTPortal) and approved by OSFM in advance. A depositor may make one deposit of a regulated substance to a newly installed or newly lined tank to provide ballast. That regulated substance shall not be sold or dispensed until the required decal is obtained.

History

• Source: Amended at 47 Ill. Reg. 6972, effective May 2, 2023

41 Ill. Adm. Code 177.120 Certificate of Exemption (repealed)

History

• Source: Repealed at 47 Ill. Reg. 6972, effective May 2, 2023

41 Ill. Adm. Code 177.125 Missing, Damaged or Destroyed Evidence of Compliance Status

a) The owner or operator of a UST may temporarily use a notice or letter issued pursuant to Section 177.115(d) by OSFM to establish evidence of compliance status when the green decal is missing, damaged or destroyed.

b) If the person depositing the petroleum, petroleum product, hazardous substance or regulated substance has knowledge that the facility or UST has been issued a green decal, and the decal is missing, damaged or destroyed, the person delivering the substance should attempt to make reasonable inquiry to the owner or operator of the compliance status of the facility and UST. After making inquiry and receiving no information as to the non-compliance of the facility and UST, the person may deposit the substance but must notify OSFM, in writing, of the delivery on the next business day and make inquiry into the status of the UST receiving the delivery. Knowledge may be relied on under this subsection (b) by stating in writing that the depositor has observed a prior green decal and has no knowledge of the revocation of that decal. Examples include:

1. A green decal was displayed at the time of a recent, prior delivery and a red tag was not affixed to the UST receiving the current delivery; or

2. Other personal knowledge sufficient to satisfy this subsection (b), including possession of a copy of an inspection form issued by OSFM.

c) Owners or operators of a UST shall report all missing, damaged or destroyed tags and decals on the next business day, in writing, following the discovery and shall return to OSFM the damaged tag or decal. OSFM will replace missing or damaged tags and decals as soon as practicable.

41 Ill. Adm. Code 177.130 Expiration of Certificates

Green decals shall be issued for a two-year period. Tanks not in compliance with 41 Ill. Adm. Code 174, 175 and 176 and this Part shall be issued red tags.

41 Ill. Adm. Code 177.APPENDIX A Derivation Table (repealed)

History

• Source: Repealed at 42 Ill. Reg. 10670, effective October 13, 2018

Part 178 Underground Storage Tank Fund Eligibility and Deductible Determinations by the Office of the State Fire Marshal

41 Ill. Adm. Code 178.100 Definitions

The following definitions shall apply to this Part concerning eligibility and deductible determinations made pursuant to Title XVI of the Illinois Environmental Protection Act [415 ILCS 5/57 through 5/57.19]:

"Agency" means the Illinois Environmental Protection Agency.

"Ancillary Equipment" means any devices including, but not limited to, such devices as piping, fittings, flanges, valves, and pumps used to distribute, meter, or control the flow of regulated substances to and from an UST.

"Confirmed release" means a release that has been confirmed by soil sampling that produces lab results above lab reporting limits for the requisite indicator contaiminents specified in the procedures found at 41 Ill. Adm. Code 176.330.

"Corrective action" means activities associated with compliance with the provisions of Sections 57.6 and 57.7 of Title XVI of the Illinois Environmental Protection Act. [415 ILCS 5/57.2]

"Farm" or "Agricultural Site" is a tract of land devoted to the production of crops or raising of animals, including fish. "Farm" includes all contiguous land and structures and other appurtenances and improvements; also, fish hatcheries, rangeland and nurseries with growing operations. "Farm" does not include agribusiness (as defined in 20 ILCS 3501/801-10(z)), laboratories where animals are raised, land used to grow timber, and pesticide aviation operations. Moreover, this definition does not include retail stores or garden centers where nursery farm products are marketed, but not grown.

"Farm Tank" means a motor fuel UST located on a farm and used exclusively for farm purposes.

"Flow-through Process Tank" is a tank that forms an integral part of a production process through which there is a steady, variable, recurring or intermittent flow of materials during the operation of the process. Flow-through process tanks do not include tanks used for the storage of materials prior to their introduction to the process or for the storage of finished products or by-products from the production process. When the process is shut down, flow-through process tanks do not store product to be used once the process is resumed and may contain no more than a de minimis amount of product.

"Fund" means the Underground Storage Tank Fund. [415 ILCS 5/57.2]

"Heating Oil" means petroleum that is No. 1, No. 2, No. 4 - light, No. 4 - heavy, No. 5 - light, No. 5 - heavy or No. 6 technical grades of fuel oil; and other residual fuel oils including Navy Special Fuel Oil and Bunker C. [415 ILCS 5/57.2]

"Indemnification" means indemnification of an owner or operator for the amount of any judgment entered against the owner or operator in a court of law, for the amount of any final order or determination made against the owner or operator by an agency of State government or any subdivision thereof, or for the amount of any settlement entered into by the owner or operator, if the judgment, order, determination, or settlement arises out of bodily injury or property damage suffered as a result of a release of petroleum from an underground storage tank owned or operated by the owner or operator. [415 ILCS 5/57.2]

"Occurrence" means an accident, including continuous or repeated exposure to conditions, that results in a sudden or nonsudden (gradual) release from an underground storage tank. [415 ILCS 5/57.2]

"Operator" means any person in control of, or having responsibility for, the daily operation of the underground storage tank. (42 U.S.C. 6991(3))

"Owner" means:

In the case of an underground storage tank in use on November 8, 1984, or brought into use after that date, any person who owns an underground storage tank used for the storage, use or dispensing of regulated substances; and

In the case of any underground storage tank in use before November 8,1984, but no longer in use on November 8, 1984, any person who owned such tank immediately before the discontinuation of its use. (42 U.S.C. 6991(4))

The term "owner" shall also mean any person who has submitted to the Agency a written election to proceed under Title XVI of the Illinois Environmental Protection Act and has acquired an ownership interest in a site on which one or more registered tanks have been removed, but on which corrective action has not yet resulted in the issuance of a "no further remediation letter" by the Agency pursuant to Title XVI of the Illinois Environmental Protection Act. [415 ILCS 5/57.2]

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

"Release" means any spilling, leaking, emitting, discharging, escaping, leaching or disposing of petroleum from an underground storage tank into groundwater, surface water or subsurface soils. [415 ILCS 5/57.2]

"Residential Tank" is a tank located on property used primarily for dwelling and not commercial purposes.

"Site" means any single location, place, tract of land or parcel of property including contiguous property not separated by a public right-of-way. [415 ILCS 5/57.2]

"Underground storage tank" or "UST" means any one or combination of tanks (including underground pipes connected thereto) that is used to contain an accumulation of regulated substances, and the volume of which (including the volume of the underground pipes connected thereto) is 10 percent or more beneath the surface of the ground. The term "underground storage tank" shall not include any pipes connected to any tank which is excluded from this definition. The term underground storage tank does not include any of the following:

Farm or residential tank of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes;

Septic tank;

Pipeline facility (including gathering lines):

That is regulated under chapter 601 of title 49; or

That is an intrastate pipeline facility regulated under state laws as provided in chapter 601 of title 49, and which is determined by the U.S. Department of Transportation to be connected to a pipeline, or to be operated or intended to be capable of operating at pipeline pressure or as an integral part of a pipeline;

Surface impoundment, pit, pond or lagoon;

Storm-water or wastewater collection system;

Flow-through process tank;

Liquid trap or associated gathering lines directly related to oil or gas production and gathering operations; or

Storage tank situated in an underground area (such as a basement, cellar, mineworking, drift, shaft or tunnel) if the storage tank is situated upon or above the surface of the floor. (42 U.S.C. 6991(10))

The term "underground storage tank" shall also mean an underground storage tank used exclusively to store heating oil for consumptive use on the premises where stored and which serves other than a farm or residential unit. [415 ILCS 5/57.2]

"UST system" or "Tank system" or "related tank system" means an underground storage tank, connected underground piping, underground ancillary equipment, and containment system, if any.

41 Ill. Adm. Code 178.110 Requirements for Eligibility

The Underground Storage Tank Fund shall be accessible by owners and operators who have a confirmed release from an underground storage tank or related tank system of a substance listed in this Section. The owner or operator is eligible to access the Underground Storage Tank Fund for reimbursement of corrective action or indemnification costs if the eligibility requirements of Title XVI of the Illinois Environmental Protection Act are satisfied and:

a) Neither the owner nor the operator is the United States Government;

b) The tank does not contain fuel which is exempt from the Motor Fuel Tax Law [35 ILCS 505];

c) The costs were incurred as a result of a confirmed release of any of the following substances:

1. "Fuel" as defined in Section 1.19 of the Motor Fuel Tax Law [35 ILCS 505/1.19];

2. Aviation fuel;

3. Heating oil;

4. Kerosene; or

5. Used oil which has been refined from crude oil used in a motor vehicle, as defined in Section 1.3 of the Motor Fuel Tax Law [35 ILCS 505/1.3];

d) The owner or operator registered the tank and paid all fees in accordance with the statutory and regulatory requirements of the Gasoline Storage Act [430 ILCS 15];

e) The costs were incurred after the owner or operator notified the Illinois Emergency Management Agency of a confirmed release (costs of corrective action or indemnification incurred before providing that notification shall not be eligible for payment);

f) The costs have not already been paid to the owner or operator under a private insurance policy, other written agreement, or court order; and

g) The costs were associated with corrective action as defined in Section 178.100. [415 ILCS 5/57.9(a)]

41 Ill. Adm. Code 178.120 Deductible Amounts

a) For releases reported prior to June 8, 2010, an owner or operator may access the Underground Storage Tank Fund for costs associated with an Agency approved plan and the Agency shall approve the payment of costs associated with corrective action after the application of a $10,000 deductible, except in the following situations:

1. A deductible of $15,000 shall apply when one or more, but not all, of the underground storage tanks were registered prior to July 28, 1989, and the State received notice of the confirmed release on or after July 28, 1989.

2. A deductible of $50,000 shall apply if any of the underground storage tanks were registered prior to July 28, 1989, and the State received notice of the confirmed release prior to July 28, 1989.

3. A deductible of $100,000 shall apply when none of the underground storage tanks were registered prior to July 28, 1989, except in the case of underground storage tanks used exclusively to store heating oil for consumptive use on the premises where stored and which serve other than farms or residential units, a deductible of $100,000 shall apply when none of these tanks were registered prior to July 1, 1992. [415 ILCS 5/57.9(b)]

b) For releases reported on or after June 8, 2010, an owner or operator may access the Underground Storage Tank Fund for costs associated with an Agency approved plan, and the Agency shall approve the payment of costs associated with corrective action after the application of a $5,000 deductible. [415 ILCS 5/57.9(b)]

c) A deductible shall apply annually for each site at which costs were incurred under a claim submitted pursuant to Title XVI of the Illinois Environmental Protection Act, except that if corrective action in response to an occurrence takes place over a period of more than one year, in subsequent years, no deductible shall apply for costs incurred in response to such occurrence. [415 ILCS 5/57.9(b)]

41 Ill. Adm. Code 178.130 Request for Eligibility and Deductible Determinations

a) Once notice of the existence of a UST has been submitted to OSFM, along with payment of any required fees pursuant to 41 Ill. Adm. Code 176.450 and 176.455, any owner or operator of a UST in operation at any time after January 1, 1974 may submit an application seeking an eligibility and deductible determination from OSFM. The application shall be submitted electronically, and an Authorization to Submit Eligibility and Deductible Application shall be completed and submitted as part of the application. The application is available at the forms page for the Division of Petroleum and Chemical Safety at https://sfm.illinois.gov/about/divisions/petroleum-chemical-safety/applications-and-forms.html.

b) Within 60 days of receipt of the electronic application for an eligibility and deductible determination, OSFM shall issue its eligibility and deductible decision. Pursuant to 415 ILCS 5/57.9(c) and 35 Ill. Adm. Code 105.504(b), such decision (or failure to issue an eligibility and deductible determination within the time prescribed) may be appealed to the Pollution Control Board (PCB) if filed by the applicant owner or operator within 35 days of issuance of the OSFM decision. (See 35 Ill. Adm. Code 105.504(b))

Part 180 Storage, Transportation, Sale and Use of Gasoline and Volatile Oils

41 Ill. Adm. Code 180.10 Definitions

"Aircraft" means any device used or designed to carry humans in flight as defined in 92 Ill. Adm. Code 14. All devices required to be licensed as "aircraft" by the Federal Aviation Administration are "aircraft".

"Airport" means any area of land, water or both, except a restricted land area, which is designed for the landing and take-off of aircraft, regardless of whether buildings are provided for the shelter, servicing, or repair of aircraft or for receiving or discharging passengers or cargo, and all appurtenant areas used or suitable for aircraft, or other airport buildings, and all appurtenant rights of way, whether heretofore or hereafter established.

"A.P.I." means American Petroleum Institute.

"ASTM" means American Society for Testing and Materials.

"Aviation Fuel" means any petroleum or alcohol based liquid used in aircraft engines.

"Bulk storage" means the storage of flammable or combustible liquid in an aboveground tank that is not for dispensing purposes. If an aboveground tank is used for any bulk storage purposes, it is classified as a "bulk storage tank" for the remainder of the calendar year in which it was so used.

"Combustible liquid" means a liquid having a flash point at or above 100º F. Combustible liquids shall be subdivided as follows:

Class II liquids shall include those having flash points at or above 100º F and below 140º F;

Class IIIA liquids shall include those having flash points at or above 140º F and below 200º F; and

Class IIIB liquids shall include those having flash points at or above 200º F.

"Container" means any vessel of 60 U.S. gal. or less capacity used for transporting or storing liquids.

"Dispensing", for the purposes of Part 180, means the activity of transferring a flammable or combustible liquid from an aboveground storage tank to a vehicle, mobile equipment, engine or motor for use as fuel by them; "dispensing" also includes such transference into a receptacle.

"Division" means Illinois Department of Transportation, Division of Aeronautics.

"Facility" means any location or site within a single perimeter (including all contiguous land and structures, and other appurtenances and improvements) where there is storage of flammable or combustible liquids.

"Flammable liquid" means a liquid having a flash point below 100º F and having a vapor pressure not exceeding 40 lbs. per sq. in. (absolute) at 100º F. Any flammable liquid shall be known as a Class I liquid; Class I liquids shall be subdivided as follows:

Class IA shall include those having flash points below 73º F and having a boiling point below 100º F;

Class IB shall include those having flash points below 73º F and having a boiling point at or above 100º F; and

Class IC shall include those having flash points at or above 73º F and below 100º F.

"Flash point" means the minimum temperature at which a liquid gives off vapor in sufficient concentration to form an ignitible mixture with air near the surface of a liquid within the vessel, as specified by test procedure and apparatus as follows:

The flash point of a liquid having a viscosity less than 45 Saybolt Universal Seconds (SUS) at 100º F and a flash point below 200º F shall be determined in accordance with ASTM D 56-87 (Standard Method of Test for Flash Point by the Tag Closed Tester) (1987);

The flash point of a liquid having a viscosity of 45 SUS or more at 100º F or a flash point of 200º F or higher shall be determined in accordance with ASTM D 93-85 (Standard Method of Test for Flash Point by the Pensky-Martens Closed Tester) (1985);

As an alternate, ASTM D 3828-87E1 (Test Method for Flashpoint by Setaflash Closed Tester) (1987) may be used for testing aviation turbine fuels within the scope of this procedure;

As an alternate, ASTM D 3278-87E1 (Test Method for Flash Point of Liquids by Setaflash Closed-Cup Apparatus) (1987) may be used for paints, enamels, lacquers, varnishes, and related products and their components having flash points between 32º F and 230º F, and having a viscosity lower than 150 stokes at 77º F; or

As an alternative, ASTM D 3828-87E1 (Test Method for Flashpoint by Setaflash Closed Tester) (1987) may be used for materials other than those for which specific Setaflash Methods exist (cf., ASTM D3278-87E1 (Test Method for Flash Point of Liquids by Setaflash Closed-Cup Apparatus) (1987) for paints, enamels, lacquers, varnishes, related products and their components).

"Liquid" means material which has a fluidity greater than that of 300 penetration asphalt when tested in accordance with ASTM D-5-86 (Test for Prevention for Bituminous Materials) (1986). When not otherwise identified, the term "liquid" shall mean both flammable and combustible liquids.

"NFPA" means National Fire Protection Association.

"U.L." means Underwriters Laboratories, Inc.

History

• Source: Amended at 20 Ill. Reg. 4711, effective March 11, 1996

41 Ill. Adm. Code 180.15 Incorporation of National Standards

Where standards are incorporated by reference in Part 180, the incorporated material does not include any later editions or amendments.

History

• Source: Added at 13 Ill. Reg. 14978, effective September 7, 1989

41 Ill. Adm. Code 180.20 Aboveground Storage – Dispensing

a) Storage of Class I, II or III liquids (except kerosene) shall be in accordance with 41 Ill. Adm. Code 160 and 41 Ill. Adm. Code 170, except aboveground storage for dispensing may occur at the following facilities under the following circumstances:

1. Agricultural storage, which is limited to farms, tree nurseries, fish farms, tree farms, sod farms or orchards;

2. Storage at commercial, industrial, governmental or manufacturing establishments for fueling vehicles used in connection with their business;

3. Storage at construction sites for refueling construction equipment; or

4. Storage at airports as addressed in Section 180.22 of this Part.

b) Dispensing at the facilities specified in subsection (a)(2) shall only be in accordance with the following:

1. An inspection of the premises and operations has been made and approval granted by the Office of the State Fire Marshal (approval shall be granted if curb pumps are not present and if pumps are not located in any portion of a public roadway);

2. The dispensing is done on premises not open to the public;

3. The tanks are safeguarded against collision, spillage or overfill to the satisfaction of the authorities having jurisdiction;

4. Each tank system is listed or approved for such aboveground use by the Office of the State Fire Marshal; in granting such approval, the Office shall consider the following elements:

A) leaks;

B) compatibility of the tank and line with the product contained in the tank;

C) whether any equipment has been recalled by the manufacturer;

D) whether wiring at the dispensing location is in a rigid metal conduit within a radius of 30 feet and is otherwise in compliance with the National Electric Code (NFPA 70) 1987 (no subsequent dates or editions); and

E) whether the dispensing location has seal-offs at all connections;

5. A top-fill opening shall be provided and shall be equipped with a closure designed so that it may be locked;

6. A vent shall be provided to relieve such vacuum or pressure as will develop in normal operation. The vent shall have a minimum unobstructed opening of one and one-half inches in diameter and the vent shall be elevated to a height of at least four feet (unless directed in writing by the Office of the State Fire Marshal to a greater height, based on construction characteristics of the tank and fire safety considerations) or unless approval in writing for a lower height is granted by the Office of the State Fire Marshal, based upon construction characteristics of the tank in question or unique physical conditions that prevent a vent of that height from being installed;

7. Tanks shall be equipped with a permanently connected pumping device listed by Underwriters Laboratories (UL) (as printed on page 4 of the Fire Protection Equipment Directory published by Underwriters Laboratories, January 1988 (no subsequent dates or editions)) or FM Engineering (as printed on page ii of the Factory Mutual System Approval Guide 1989 published by Factory Mutual Research Corporation, 1989 (no subsequent dates or editions)). The pump shall be equipped with a padlock to prevent tampering. An antisiphoning device shall be included in the pump discharge and siphons or internal pressure discharge devices are prohibited. Gravity method of discharge is prohibited;

8. Tanks for the storage of flammable or combustible liquids shall be marked with the name of the product they contain and "FLAMMABLE – KEEP FIRE AND FLAME AWAY", both in letters at least four inches high and in contrasting color from the tank on which they are marked;

9. Except as provided in Section 180.22 of this Part and except tanks installed at mining facilities or coal fired electric generating facilities in accordance with subsection (b)(11), a maximum of two aboveground tanks per facility of up to 2,500 gallons each shall be allowed for storage of flammable or combustible liquids, provided such liquid is stored outside buildings in tanks constructed throughout of steel and made vapor tight (as determined by such tests as a pressure test and volumetric test). Tanks shall be designed and constructed according to standards specified in 41 Ill. Adm. Code 160.15, 160.70-160, 160.80-240;

10. Tanks shall be kept outside and at least 30 feet from any building or combustible or flammable stored liquid or liquid petroleum and shall be so located, or such additional distance to buildings shall be provided, to insure that no vehicle, equipment or vessel being filled directly from any such tank shall be closer than 30 feet to any building, combustible or flammable stored liquid, liquid petroleum (LP) gas tank or property lines, except that a tank protected within a two-hour fire resistant enclosure (the time, in minutes or hours, that materials or assemblies have withstood a fire exposure as established in accordance with the test procedures of NFPA 251, Standard Methods of Fire Tests of Building Construction and Materials, 1985 (no subsequent dates or editions)) may be located adjacent to a structure after a request in writing to construct such an enclosure has been submitted to the Office of the State Fire Marshal and the Office has issued an approval in writing; and

11. Aboveground tanks used exclusively to fuel off-road diesel equipment at mining facilities or coal fired electric generating facilities shall be allowed a maximum capacity of 12,000 gallons per tank. Aboveground tanks of greater than 2,500 gallons capacity shall be separated from property lines, buildings, LP storage tanks, and other aboveground flammable or combustible liquid storage tanks by a minimum distance of 50 feet. The facility shall receive written approval from the local fire authority having response jurisdiction over the facility for the installation of tanks greater than 2,500 gallons capacity.

c) Dispensing at facilities specified in subsections (a)(1) and (a)(3) of this Section shall only be in accordance with the following:

1. A top-fill opening shall be provided and shall be equipped with a closure designed so that it may be locked;

2. A vent shall be provided to relieve such vacuum or pressure as will develop in normal operation or fire exposure; such vent shall have a minimum unobstructed opening of one and one-half inches in diameter;

3. Tanks equipped with a permanently connected pumping device shall be equipped with a padlock to prevent tampering; an effective antisiphoning device shall be included in the pump discharge; and siphons or internal pressure discharge devices are prohibited;

4. Tanks elevated for gravity discharge may be designed with anopening in the bottom or end of the tank for gravity dispensing of flammable or combustible liquids and shall be mounted and equipped as follows:

A) Supports to elevate the tank shall be of steel and designed to provide stability;

B) Openings for gravity discharge shall be equipped with an internal safety valve, which will close automatically in the event of fire through the operation of a heat actuated releasing device. The valve shall also be capable of being manually operated. If this valve cannot be operated manually, it shall be supplemented by a second manually operated valve. The gravity discharge outlet shall be provided with an approved hose equipped with a self-closing nozzle at the discharge end and be of a type that can be padlocked to its hanger to prevent tampering;

C) When not being used to dispense fuel, nozzles shall be hung off of the ground on a hanger and shall be padlocked in place to avoid tampering;

5. Tanks for the storage of flammable or combustible liquids shall be marked with the name of the product they contain and "FLAMMABLE – KEEP FIRE AND FLAME AWAY", both in letters at least four inches high and in contrasting color from the tank on which they are marked;

6. Facilities described in subsection (a)(1) of this Section shall be allowed a maximum of four aboveground tanks per facility of up to 2,500 gallons each for storage of flammable or combustible liquids, provided the total amount of any single type of fuel does not exceed 5,000 gallons, and any such liquid is stored outside buildings in a tank constructed throughout of steel and made vapor tight;

7. Facilities described in subsection (a)(3) of this Section shall be allowed a maximum of two aboveground fuel dispensing tanks per facility of up to 2,500 gallons each for storage of flammable or combustible liquids, provided any such liquid is stored in a tank constructed throughout of steel and made vapor tight;

8. Tanks installed or replaced after January 1, 1998 shall be located as required by subsection (b)(10) of this Section.

d) Storage of Kerosene Inside Buildings.

1. At a facility, for personal or private use, a maximum of 12 gallons of kerosene inside buildings may be stored aboveground in containers that meet the requirements of NFPA 30 (Flammable and Combustible Liquids Code) (1987).

2. Sixty gallons or less may be stored in an aboveground tank at a facility for retail trade within a building, providing storage is in compliance with the following:

A) Storage is in a tank of at least 14 gauge steel or aluminum;

B) The tank shall sit in a metal pan extending at least eight inches beyond the sides and rear of the tank and 18 inches beyond the front;

C) The tank shall be located on the first floor in an area supplied with natural light and ventilation;

D) The room or area where the tank is located shall be separated from any heat producing appliance, such as a hot water heater, furnace or space heater (radiators and hot air ducts are not considered heating appliances for this purpose), by one hour fire resistance as defined in ASTM E-119 (Fire Endurance Test) (1989);

E) The dispensing nozzle or spigot of the tank shall be spring loaded so as to return to the off position when pressure is stopped and so that pressure is constantly required to cause release of the kerosene;

F) The tank shall be blue in color and marked with the word "Kerosene" in letters at least two and one-half inches high in contrasting color.

3. Sixty gallons or less may be stored in a metal drum at a facility for retail trade within a building, provided storage is in compliance with the following:

A) The metal drum shall be stored in a storage cabinet that meets the requirements of 49 CFR Chapter I (1987);

B) The storage cabinet shall sit in a metal pan extending at least eight inches beyond the sides and rear of the storage cabinet;

C) The room or area where the storage cabinet is located shall be separated from any heat producing appliance, such as a hot water heater, furnace or space heater (radiators and hot air ducts are not considered heating appliances for this purpose), by one hour fire resistance as defined in ASTM E-119 (Fire Endurance Test) (1989); and

D) The design and construction of storage cabinets, except as otherwise provided in this subsection (d)(3), shall be in compliance with 4-3 of NFPA 30 (Flammable and Combustible Liquids Code) (1987).

4. Factory-sealed containers of 1-K grade kerosene may be stored at a facility for retail trade within a building in compliance with ASTM F 976-86 (Portable Kerosene Containers for Consumer Use) (1986) and 4-5.5 of NFPA 30 (Flammable and Combustible Liquids Code) (1987).

e) Storage of kerosene outside buildings shall be in accordance with 41 Ill. Adm. Code 160 and 170, except a maximum of 550 gallons of kerosene may be kept aboveground at a facility (including at service stations) in a tank or tanks of 550 gallons or less capacity under the following conditions:

1. When located at a service station, the dispensing tank shall be in a location at least eight feet away from driveways and other areas used by vehicles for customers or to deliver products;

2. The dispensing nozzle or spigot of the tank shall be spring loaded so as to return to the off position when pressure is stopped and so that pressure is constantly required to cause release of the product;

3. The tank shall be a skid tank or on a noncombustible base and the area under the tank and for 24 inches in all directions shall be either paved or covered with gravel and kept free of vegetation and combustible material;

4. The tank shall be blue in color and marked with the word "Kerosene" in letters at least two and one-half inches high in a contrasting color;

5. The dispensing nozzle or spigot of the tank shall be locked when the kerosene is not being dispensed; and

6. The kerosene may only be dispensed by the owner, lessor or lessee of the facility, or their employees; no self-service of kerosene from an aboveground tank shall be allowed.

f) Kerosene Labeling.

1. A sign with the following caution shall be posted at the point of sale and the dispensing point: "Caution Portable Unvented Kerosene Heaters Must Only Be Fueled With Grade 1-K Kerosene". This sign shall be of all-weather material and not less than 12" x 18" in size with letters at least one inch high on a contrasting background; and

2. Where other grades of kerosene than 1-K are offered for sale, the grade of kerosene shall be identified at the point of sale or dispensing.

g) Any spill of Class I, II or III liquids in excess of 25 gallons at any facility at which they may be dispensed pursuant to this Section shall be reported to the Illinois Emergency Management Agency within 24 hours after such spill.

History

• Source: Amended at 27 Ill. Reg. 7230, effective April 15, 2003

41 Ill. Adm. Code 180.21 Dispensing Tank Connected by Associated Piping to a Bulk Tank

A tank which would otherwise be classified as a dispensing tank but is connected by associated piping to a bulk tank, is considered a bulk tank.

History

• Source: Added at 13 Ill. Reg. 14978, effective September 7, 1989

41 Ill. Adm. Code 180.22 Retail Dispensing from Aboveground Tanks at Airports

a) Only those airports regulated by the Illinois Department of Transportation, Division of Aeronautics that have received special permit approval from the Division and the State Fire Marshal and that are open to the public shall be allowed to dispense fuel for retail purposes from aboveground storage tanks into aircraft. Subject to the following, only one aboveground retail dispensing installation shall be allowed per airport:

1. All tanks and dispensers shall be inspected and evaluated by the Division and the Office of the State Fire Marshal. All applications for tank permits shall first be evaluated by the Division for location and shall include the OSFM permit application and all installation drawings. Upon preliminary approval from the Division, the OSFM will review the proposed installation application and plan drawings for completeness and for compliance with this Part. An annual inspection by the Division will be required for continued approval;

2. Where applicable, all installations shall receive documented approval from the local jurisdictional authority (i.e., Zoning Board, Board of Supervisors) prior to installation;

3. All retail fueling shall be accomplished by individuals certified by the Division as being currently trained in the proper fueling of aircraft. The certificate shall be for a limited period of time and may be revoked for good cause (which may include, but not be limited to, any compromise of safety or environmental rules, regulations, or requirements) by either the Office of the State Fire Marshal or the Division. All passengers and crew are required to deplane prior to refueling;

4. Aboveground tanks must be located behind the setback lines established by the IDOT Aviation Safety Rules (92 Ill. Adm. Code 14.660, 14.665, and 14.680; Appendices B and C; and Table B). In addition, all airports that have received federal funds must comply with all applicable grant obligations and assurances. The Division may deny a permit if the proposed facility would cause noncompliance with federal grant requirements. The Division may allow dispensing facilities to be located within the applicable setback lines if it finds such location will not pose a threat to safety or operations at the airport;

5. Tank installation sites, including tanks and dispensing devices, must meet the setback distances listed below. The aircraft being fueled must also comply with these setback distances:

A) 300' from a mine or air escapement;

B) 85' from any place of public assembly;

C) 30' from any building;

D) 30' from any sewer or septic field;

E) 30' from any property line; and

F) 30' from any combustible or flammable stored liquids (other than the other aboveground aviation fuel storage tank allowed at the facility) or liquefied petroleum gas storage;

6. The Division may, by its own rules, establish other criteria for its approval, alteration, denial, or revocation of permits required by this Section;

7. No installation shall include more than two tanks with a total capacity of 10,000 gallons each or more than two compartments per tank. Such tanks shall have double walls and be listed in accordance with U.L. Standard 2085, Standard for Insulated Aboveground Tanks for Flammable and Combustible Liquids (1st edition – 1994), for aboveground use. The tanks shall have a minimum two hour fire rating and be placed on a noncombustible base. Used tanks must be U.L. 2085 listed and re-certified prior to installation. Allowable methods of re-certification shall include: successful completion of a hydrostatic test; documentation of re-certification by the original manufacturer; or documentation from a registered professional engineer verifying the tank's safe condition. Sites shall be free of vegetation and combustible materials for a radius of 30' surrounding the tanks. If the site is subject to flooding, the tanks shall be protected against floatation. Wiring shall be in accordance with the National Electrical Code (NFPA 70 – 1990) for hazardous locations and enclosed in rigid metal conduit within a radius of 30' of the tanks and dispensers shall have seal-offs at all connections;

8. Spill containment shall be provided for dispensers. Dispensers shall be equipped with breakaway and shear valves. Barriers shall be provided to protect the tanks, pumps, dispensers and vents from collision damage from aircraft, motor vehicles or aircraft wings by such means as raised curbs or guard rails;

9. Aircraft fueling hose shall comply with the requirements of A.P.I. Bulletin 1529 (Fourth Edition - 1993). Hose lengths greater than 18' shall be contained on mechanically retractable reels and in no case exceed 50' unless approved by the Division and the Office of the State Fire Marshal. All dispensing nozzles must be equipped with automatic closure devices that meet the requirements of U.L. Standard 842, Valves for Flammable Liquids (7th edition - 1993), and those approved by the Federal Aviation Administration;

10. Storage tanks must be top filled, equipped with overfill protection and closures designed to be locked at all times during non-use. Remote tank filling shall be allowed in accordance with subsection (a)(11) of this Section;

11. A vent shall be provided to relieve such vacuum or pressure as will develop in normal operations. Such vent will have a minimum unobstructed opening of one and one-half inches in diameter, but shall in no case be smaller than the fill pipe diameter. The vent shall be elevated to a height of at least four feet above the fill portion of the tank. Vent openings shall be provided with an updraft device with 40 gauge screening. Manifolding of tank vents shall not be allowed. Emergency venting shall also be provided to safeguard tanks during exposure to fire. The size of emergency venting shall be in accordance with NFPA Standard 30, Flammable and Combustible Liquids Code (1993);

12. Tanks shall be equipped with a permanently connected pumping device listed by Underwriter's Laboratory or Factory Mutual Engineering. The pump shall be located no further than 5 feet from the tanks and equipped with a padlock or electrical disconnect to prevent tampering, except that remote dispensing devices shall be allowable for purposes of safeguarding airport runways and areas intended for aircraft use only from the presence of tank trucks used to refuel the aboveground storage tanks at the site. In such cases, remote dispensing devices and tank fill piping shall be allowed if all other safety requirements of this Section are met. An emergency shut-off device shall be located at the dispenser. An anti-siphon device shall be installed at the pump discharge or at the tank exit. Siphons, internal pressure discharge devices, and gravity methods of dispensing are prohibited. No underground piping, manifolding of supply lines, or connections to bulk tanks shall be allowed;

13. Grounding of dispenser to the aircraft and aircraft to ground must be providing during all fueling operations. Grounding cables must be contained on retractable reels and connected to ½" diameter copper clad grounding rods driven at least 8' into the ground;

14. Tanks for the storage of flammable or combustible liquids shall be marked with the name of the product they contain and "Flammable (or Combustible) – Keep Fire and Flame Away", both in letters at least four inches high and in contrasting colors from the tank. The tank shall also have signs at least 10-3/4" by 10-3/4" showing the international symbol for flammable or combustible liquids;

15. All fueling locations shall have "No Smoking, Stop Engines" and "Prior to Fueling Turn Off All Electrical or Heating Devices" (e.g., radar, deicing equipment) and "All Passengers and Crew Must Deplane" signs with letters at least 4" high;

16. At least two Class B type fire extinguishers, providing a rating of 40-B each, shall be accessible at the site within a maximum travel distance of 30' from the dispensing location. The extinguishers shall be maintained in accordance with NFPA 10, Portable Fire Extinguishers (1994). Portable extinguishers are allowed to be stored in glass covered cabinets as a deterrent to theft;

17. No defueling of aircraft into tanks shall be allowed;

18. No rooftop installations shall be allowed;

19. Dispenser control devices may use keys or cards to activate dispenser pumps. Coin and currency activation is prohibited;

20. No fueling shall be done when there are lightening flashes in the immediate vicinity of the airport;

21. Pumping and dispensing devices shall meet all calibration and metering requirements of the Illinois Department of Agriculture and the Illinois Department of Revenue;

22. All retail airport aboveground dispensing tank installations shall be owned and controlled by the airport certificate holder and may be operated by its designee.

b) Failure to comply with the provisions of subsection (a) of this Section shall be grounds for revocation of the permit for the airport fueling facility.

History

• Source: Added at 20 Ill. Reg. 4711, effective March 11, 1996

41 Ill. Adm. Code 180.23 Fueling of Aircraft from Tank Trucks

Fueling of aircraft from tank trucks shall be allowed at airport facilities as defined in Section 180.10 of this Part if the tank truck and fueling operations are in compliance with NFPA 407, Standard for Aircraft Fuel Servicing (1990).

History

• Source: Added at 20 Ill. Reg. 4711, effective March 11, 1996

41 Ill. Adm. Code 180.25 Home Rule Modification of Aboveground Storage – Dispensing (emergency Expired)

History

• Source: Emergency rules added at 13 Ill. Reg. 1875, effective January 27, 1989, for a maximum of 150 days; emergency expired June 26, 1989

41 Ill. Adm. Code 180.30 Gasoline Containers Must Be Red

All receptacles used for the keeping or storing of gasoline, naphtha, benzine or benzol as provided in Section 180.20(a)(1), 180.20(a)(2), and 180.20(a)(3) shall be colored red and no liquids other than gasoline, naphtha, benzine or benzol shall be placed in such red containers. This is in accordance with the Illinois Red Can Gasoline Law (Ill. Rev. Stat. 1979, ch. 127½, pars. 151-152) and a full compliance with the law will be enforced. Containers shall be metal, or of a type approved by the State Fire Marshal.

41 Ill. Adm. Code 180.40 Industrial and Commercial Use

a) Flammable liquids used in mixers for mixing or cleaning shall be piped to mixers wherever feasible to avoid spillage and dispersion of flammable vapors. Automatic shut-off valves shall be provided to prevent overfilling.

b) Class I or II flammable liquids shall not be drawn from containers within a building except by means of a device drawing from top of tank or container. Gravity discharge within a building of Class I or II liquids from tanks, drums or containers other than safety cans is forbidden. Drums or barrels in which flammable liquids have been stored shall have taps, plugs or bungs replaced immediately after package has been emptied and shall be removed to the outside.

c) Hand tools, scrapers and similar implements used in the mixing area shall be of a type of material or metal that will not produce sparks.

d) Mixing rooms shall be provided with adequate mechanical ventilation to prevent accumulation of flammable vapors. Fans shall operate whenever pumps or mixers are in operation.

e) Mixing rooms shall be provided with flammable vapor detector alarms to warn when flammable vapors are approaching an explosive range.

f) Approved dry powder or foam type automatic extinguishing devices shall be installed above mixers in which flammable fluids are used for mixing or cleaning.

g) Design and installation of electrical equipment in mixing rooms where flammable liquids are used must comply with standards established in the National Electrical Code, NFPA, No. 70 (1965) for hazardous locations.

41 Ill. Adm. Code 180.50 Use Within Buildings Restricted

a) The mixing, storing or handling of Class I and Class II liquids in open containers is prohibited in any building, except in the compounding of medicines and prescriptions in drug stores.

b) Dry cleaning or removal of spots from clothing or other material with Class I and Class II liquids shall always be done out of doors, unless in an approved dry cleaning plant.

c) Use of Class I and Class II liquids for cleaning floors, woodwork, etc., shall be avoided.

41 Ill. Adm. Code 180.60 No Pouring Into Sewers

No liquids of Classes I, II and III, or solutions containing such liquids, shall be poured into any sewer or into any drain which connects with a sewer system.

41 Ill. Adm. Code 180.70 Storage in Public Buildings Restricted

No liquids of Class I or Class II shall be kept or stored in any schoolhouse, public hall or place of assembly, or in any public building, except for demonstration purposes or for industrial or mechanical uses, and then only under competent supervision.

41 Ill. Adm. Code 180.80 Use in Starting Fires

Flammable liquids shall never be used to start or kindle fires in stoves, furnaces or otherwise.

41 Ill. Adm. Code 180.90 Keep Fire Away

Flammable liquids shall always be kept away from fire or open flame; fire or open flame shall always be kept away from flammable liquids.

41 Ill. Adm. Code 180.100 Heating and Lighting Appliances

The use of any type, kind or make of heating or lighting appliance using flammable liquids which, after a test by a competent authority, is considered as introducing a distinct hazard to life or property, shall be prohibited.

41 Ill. Adm. Code 180.150 Dry Cleaning Plants

The rules and regulations governing dry cleaning plants shall conform to, and be in accordance with the Standards for Dry Cleaning and Dry Dyeing Plants published in NFPA Standard No. 32 in June, 1956 by the National Fire Protection Association.

41 Ill. Adm. Code 180.200 Oil Burning Equipment

The rules and regulations governing Oil Burning Equipment shall conform to, and be in accordance with, the Standards for the Installation of Oil Burning Equipment, published in NFPA Standard No. 31, May 1957, by the National Fire Protection Association.

Part 200 Storage, Transportation, Sale, and Use of Liquefied Petroleum Gas

41 Ill. Adm. Code 200.5 Introduction

Pursuant to the authority conferred upon the Office of the State Fire Marshal (OSFM) by Section 3 of the Liquid Petroleum Gas Regulation Act [430 ILCS 5/3], OSFM is adopting this Part in relation to the storage, transportation, sale and use of liquefied petroleum gases.

History

• Source: Amended at 32 Ill. Reg. 16850, effective October 1, 2008

41 Ill. Adm. Code 200.7 Incorporations by Reference

a) The following materials are incorporated by reference in this Part:

1. The American Petroleum Institute (API), 1220 L Street, NW, Washington, DC 20005-4070.

API 2510

Design and Construction of LPG

Installations (2001)

2. The National Fire Protection Association (NFPA); 1 Batterymarch Park, Quincy MA 02169-7471.

A)

NFPA 54

National Fuel Gas Code (2009)

B)

NFPA 58

Liquefied Petroleum Gas Code (2011)

C)

NFPA 59

Utility LP-Gas Plant Code (2008)

D)

NFPA 1192

Standard on Recreational Vehicles (2011)

b) No incorporation by reference in this Part includes any later amendment or edition beyond the date stated in the text of this Part.

History

• Source: Amended at 36 Ill. Reg. 8735, effective August 1, 2012

41 Ill. Adm. Code 200.10 Storage and Handling of Liquefied Petroleum Gases

Requirements for the storage and handling of liquefied petroleum gases as contained in the 2011 Edition of NFPA 58 (Liquefied Petroleum Gas Code) are mandatory with the following additional requirements: The pressure relief valve discharge on each aboveground container of more than 2000 gal. water capacity shall be piped vertically upward to a point at least 7 ft. above the top of the container, and the discharge opening shall be unobstructed to the open air.

History

• Source: Amended at 36 Ill. Reg. 8735, effective August 1, 2012

41 Ill. Adm. Code 200.20 Storage and Handling of Liquefied Petroleum Gases at Utility Gas Plants

Requirements for the storage and handling of liquefied petroleum gases at utility gas plants as published in the 2008 Edition of NFPA 59 (Utility LP-Gas Plant Code) are mandatory.

History

• Source: Amended at 32 Ill. Reg. 16850, effective October 1, 2008

41 Ill. Adm. Code 200.30 Rules for Installation of Gas Appliances and Gas Piping

Requirements for the installation of gas appliances and gas piping as published in the 2009 Edition of NFPA 54 (National Fuel Gas Code) are mandatory. Standards for fuel systems and equipment in recreational vehicles as published in the 2011 Edition of NFPA 1192 (Standard on Recreational Vehicles) are mandatory.

History

• Source: Amended at 36 Ill. Reg. 8735, effective August 1, 2012

41 Ill. Adm. Code 200.40 Storage and Handling of Liquefied Petroleum Gas at Gas Processing Plants

Storage and handling of liquefied petroleum gas at natural gas processing plants, refineries and petrochemical plants shall comply with the 8th Edition (2001) of Standard API 2510 (Design and Construction of Liquified Petroleum Gas Installations (LPG)).

History

• Source: Amended at 32 Ill. Reg. 16850, effective October 1, 2008

41 Ill. Adm. Code 200.50 Installations Must Be in Compliance

The installations of containers by every person, firm or corporation making the installation, and the design, construction and location of the containers and pertinent equipment, shall be in compliance with this Part.

History

• Source: Amended at 32 Ill. Reg. 16850, effective October 1, 2008

41 Ill. Adm. Code 200.55 Conversion of Anhydrous Ammonia Storage Tanks to Lpg Storage (repealed)

History

• Source: Repealed at 36 Ill. Reg. 8735, effective August 1, 2012

41 Ill. Adm. Code 200.60 Submittal of Plans

Plans and applications for fixed installations shall be submitted to OSFM before construction when utilizing storage containers of over 2,000 gallons individual water capacity or when the aggregate water capacity exceeds 4,000 gallons, and for container filling locations regardless of tank capacity. Temporary (not to exceed 6 months) installations, although required to comply with all applicable installation and operating requirements prescribed by adopted codes, are not required to submit plans and applications or undergo an on-site inspection by OSFM.

History

• Source: Amended at 32 Ill. Reg. 16850, effective October 1, 2008

41 Ill. Adm. Code 200.70 Applications, Plans and Blueprints; Fencing Standards

Applications for approval of installations shall be made out in triplicate on blanks furnished by OSFM and shall be accompanied by drawings or blueprints in triplicate made to scale, with all dimensions indicated on the plans. These applications, drawings or blueprints must be approved by OSFM before any new construction or addition is undertaken. Approval will be granted if all requirements of this Part are met. Drawings or blueprints shall bear the name of the person, firm or corporation proposing the installation. In addition, drawings or blueprints shall show the following:

a) The plot of ground to be utilized and its immediate surroundings on all sides, the complete layout of the tanks, the capacity of each tank, the type of tank supports, type of construction of each building and all clearances as required by NFPA 58 (see Section 200.10).

b) The location with respect to city, village or incorporated town, naming adjacent railroads and side tracks and showing the clearance between tanks and closest passenger train tracks, between tracks at the point where the tank car will be placed for unloading and the nearest passenger train tracks, and between unloading docks and closest passenger train tracks.

c) Whether the surrounding area is congested or heavily populated.

d) Fencing and enclosures.

1. The method and location of fencing or other devices used to protect the LP-Gas container against collision and tampering, as specified in NFPA 58. Facilities existing on January 1, 1984 shall comply with this Part or the rules in existence at the time of construction. Where LP-Gas containers are located at an establishment completely enclosed by fencing equivalent to that required by NFPA 58, an additional enclosure for containers installed within the fencing shall not be required, except that, if containers are accessible to vehicular traffic, the containers shall be enclosed or encircled by a guard rail, or by posts 6 inches or more in diameter set in firm ground to a depth of at least 24 inches and rising aboveground to a height of 30 inches or more set at intervals of not more than 6 feet.

2. Walls of buildings that are part of the establishment and have adjacent fencing to enclose the facilities shall be acceptable as a portion of any necessary fencing. There shall be no gap or opening between the building wall and the adjacent fencing. Walls of buildings shall not form more than two sides of enclosures for LP-Gas containers. Required means of egress from buildings shall not pass through enclosures for LP-Gas. When building walls are used as part of enclosures, the separation distance from the LP-Gas container to the building shall comply with NFPA 58.

e) The location and type of lights conforming to NFPA 58 to illuminate storage containers, control valves and other equipment, if loading or unloading is normally done during other than daylight hours.

f) The location of any container filling or LP-Gas dispensing devices.

History

• Source: Amended at 32 Ill. Reg. 16850, effective October 1, 2008

41 Ill. Adm. Code 200.80 Operation of Installation Prohibited Until Final Inspection and Approval

Any liquefied petroleum gases installation requiring approval by the OSFM shall not be placed in operation until final inspection and approval is given by the OSFM.

41 Ill. Adm. Code 200.90 No Supplier Shall Service Any Installation Not in Compliance with Law

No supplier of liquefied petroleum gases shall service any installation not in compliance with the Liquefied Petroleum Gases Law, Rules and Regulations.

41 Ill. Adm. Code 200.100 Personnel Must Be Properly Trained

Personnel performing installation, service, operation and maintenance work must be properly trained in such work in accordance with the applicable NFPA Standard cited in this Part. Documentation of training must be made available to the OSFM upon request.

History

• Source: Amended at 30 Ill. Reg. 9325, effective May 2, 2006

41 Ill. Adm. Code 200.110 No Self Service Permitted

No person other than the bulk storage, container charging plant, or service station owner or a fully trained authorized employee shall use or dispense any liquefied petroleum gases at these locations.

41 Ill. Adm. Code 200.120 Interstate Commerce Commission or Department of Transportation Containers (repealed)

History

• Source: Repealed at 19 Ill. Reg. 11455, effective August 1, 1995

41 Ill. Adm. Code 200.160 Cylinder System Installations (bottled Gas) (repealed)

History

• Source: Repealed at 19 Ill. Reg. 11455, effective August 1, 1995

41 Ill. Adm. Code 200.170 Minimum Safety Requirements for Manifolding American Society of Mechanical Engineers Containers (repealed)

History

• Source: Repealed at 19 Ill. Reg. 11455, effective August 1, 1995

41 Ill. Adm. Code 200.180 Location of Containers (repealed)

History

• Source: Repealed at 19 Ill. Reg. 11455, effective August 1, 1995

41 Ill. Adm. Code 200.190 Abandoned Tanks (repealed)

History

• Source: Repealed at 32 Ill. Reg. 16850, effective October 1, 2008

41 Ill. Adm. Code 200.200 Marking of Tank Trucks and Trailers (repealed)

History

• Source: Repealed at 19 Ill. Reg. 11455, effective August 1, 1995

41 Ill. Adm. Code 200.210 Lighting Requirements on Trucks and Trailers (repealed)

History

• Source: Section repealed at 8 Ill. Reg. 2467, effective June 1, 1984

41 Ill. Adm. Code 200.230 Drivers of Trucks and Trailers Must Be Properly Trained (repealed)

History

• Source: Repealed at 19 Ill. Reg. 11455, effective August 1, 1995

41 Ill. Adm. Code 200.240 When Tank Truck May Not Be Left Unattended (repealed)

History

• Source: Repealed at 19 Ill. Reg. 11455, effective August 1, 1995

41 Ill. Adm. Code 200.250 Tank Trucks and Tractors Must Be in Good Repair (repealed)

History

• Source: Repealed at 19 Ill. Reg. 11455, effective August 1, 1995

41 Ill. Adm. Code 200.260 Parking in Congested Areas Prohibited (repealed)

History

• Source: Repealed at 19 Ill. Reg. 11455, effective August 1, 1995

41 Ill. Adm. Code 200.270 Travel in Heavy Traffic Districts to Be Avoided (repealed)

History

• Source: Repealed at 19 Ill. Reg. 11455, effective August 1, 1995

41 Ill. Adm. Code 200.280 Gear Shift Requirements for Loaded Tank Trucks (repealed)

History

• Source: Repealed at 19 Ill. Reg. 11455, effective August 1, 1995

41 Ill. Adm. Code 200.290 Semi-Trailers Loading and Unloading (repealed)

History

• Source: Repealed at 19 Ill. Reg. 11455, effective August 1, 1995

41 Ill. Adm. Code 200.300 Fire Extinguisher Requirements (repealed)

History

• Source: Repealed at 19 Ill. Reg. 11455, effective August 1, 1995

41 Ill. Adm. Code 200.310 Excess Flow Valves Not to Be Tampered with (repealed)

History

• Source: Repealed at 19 Ill. Reg. 11455, effective August 1, 1995

41 Ill. Adm. Code 200.320 When Transportation and Sale Prohibited (repealed)

History

• Source: Repealed at 19 Ill. Reg. 11455, effective August 1, 1995

41 Ill. Adm. Code 200.330 Containers to Be Transported in Upright Position (repealed)

History

• Source: Repealed at 19 Ill. Reg. 11455, effective August 1, 1995

41 Ill. Adm. Code 200.340 Fireworks Prohibited

The sale, use, explosion or handling of fireworks is prohibited on any liquefied petroleum gases bulk storage, service station, or container filling plant premises.

History

• Source: Amended at 19 Ill. Reg. 11455, effective August 1, 1995

41 Ill. Adm. Code 200.350 Additional Safety Measures Authorized

The OSFM reserves the right to require additional safety measures over and above the regulations contained herein if conditions and circumstances indicate that additional safety measures are necessary.

Part 210 Appeals and Enforcement Proceedings

41 Ill. Adm. Code 210.10 Applicability

a) This Part shall apply to all hearings conducted by the Office of the State Fire Marshal, and

1. To review decisions, orders, rulings, recommendations or actions of the State Fire Marshal or his inspectors; and

2. To all enforcement proceedings, investigations and inquiries into matters within the jurisdiction of the State Fire Marshal including, but not limited to, proceedings instituted by orders to show cause.

b) As used in this Part, the word "person" means the same as in "AN ACT to revise the law in relation to common law" (Ill. Rev. Stat. 1985, ch. 1, par. 1006) which includes bodies corporate and politic, corporations, partnerships and other legal entities, any owner, occupant or lessee of any building or other structure, public or private.

c) Office means Office of the State Fire Marshal.

41 Ill. Adm. Code 210.20 Appeals

a) Any person aggrieved by a decision, order or ruling of the Office may as a matter of right request a hearing before a Hearing Officer. Such a hearing shall be a proceeding de novo.

b) All requests for hearings

1. must be in writing;

2. must contain an address and telephone number where the appellant may be notified of the time and place of the hearing; and

3. must set forth the reasons why the order of the State Fire Marshal should be reversed or modified.

c) Appeals from orders of the State Fire Marshal or from orders of deputies of the Office of the State Fire Marshal issued pursuant to Section 9 of "AN ACT relating to the investigation and prevention of fire" (Ill. Rev. Stat. 1985, ch. 127½, par. 9) shall be instituted by filing a written request for a hearing no later than ten (10) days following receipt of notice to remove or remedy a dangerous condition or fire hazard; all other appeals shall be made within 30 days.

d) Requests for hearing must be filed in writing to the Office of the State Fire Marshal at 3150 Executive Park Drive, Springfield, Illinois 62703. Requests submitted by certified mail will be deemed to be timely if they are postmarked no later than the time period allowed.

41 Ill. Adm. Code 210.30 Definitions

"Contested Case" means an adjudicatory proceeding, not including rule-makings, quasi-legislative, informational or similar proceedings, in which the individual legal rights, duties or privileges of a party are required by law to be determined by the Office only after an opportunity for hearing.

"Hearing Officer" means the presiding officer or officers at the initial hearing before the Office and each continuation thereof. A Hearing Officer must be an attorney-at-law licensed to practice in Illinois.

41 Ill. Adm. Code 210.40 Service of Papers

a) Persons filing papers with the Office shall simultaneously serve copies on all parties to the proceeding in any manner authorized by the Code of Civil Procedure (Ill. Rev. Stat. 1985, ch. 110, par. 1-101 et seq.).

b) Papers required to be filed with the Office shall be accompanied by proof of service upon all those required to be served.

c) All papers required to be filed with the Office must be filed at its principal office at 3150 Executive Park Drive, Springfield, Illinois 62703, during business hours.

41 Ill. Adm. Code 210.50 Appearances

a) A person who files an appeal need not be represented by an attorney.

b) No one may appear before the Office in a representative capacity except:

1. Those licensed to practice law.

2. A partnership may be represented by a partner.

3. A corporation may be represented by an officer.

4. The Office may be represented by any employee authorized by the Fire Marshal.

41 Ill. Adm. Code 210.60 Conduct of Hearings

a) The Hearing Officer shall designate the time and place of the hearing and shall preside at the hearing.

b) The Hearing Officer shall designate a reasonable time following final agreements in which the parties may submit proposed findings of fact and conclusions of law orally and on the record prior to the adjournment of the hearing.

c) After closing arguments, the Hearing Officer shall within 10 days after the close of the hearing make findings of fact and conclusions of law and may make a recommendation to the State Fire Marshal.

41 Ill. Adm. Code 210.70 Authority of Hearing Officer

A Hearing Officer shall:

a) require prior submission of testimony and exhibits in writing;

b) require all parties to state their position with respect to a proposal;

c) administer oaths and affirmations;

d) examine witnesses and direct witnesses to testify;

e) regulate the course of the hearing, maintain order and develop a clear and complete record;

f) limit the number of times a witness may testify, and limit repetitious or cumulative testimony;

g) issue discovery orders;

h) rule upon objections to subpoenas and discovery orders, and all motions presented during the course of the hearing.

41 Ill. Adm. Code 210.80 Continuances

The Hearing Officer may grant for good cause, e.g. unavailability of a witness or party or illness, a subsequent continuance at the request of a party or a continuance on his own motion. A hearing may be adjourned by the Hearing Officer to permit further testimony or argument whenever this action is beneficial for the development of a clear and complete record. One continuance shall be granted to any party as a matter of right if the request is received by the Office at least one week prior to the scheduled hearing. In determining whether to grant a subsequent continuance, the Hearing Officer will consider factors such as the number of continuances already granted to a party.

41 Ill. Adm. Code 210.90 Subpoenas

a) Subpoenas for the attendance of witnesses from any place in Illinois or for the production of books, papers, accounts, records, or documents during or prior to a hearing held pursuant to these rules will be issued by the Hearing Officer upon his own motion, or upon application of a party showing that a subpoena is reasonably required.

b) Applications for subpoenas to compel the production of books, papers, accounts, records or documents shall identify the material sought.

c) Witness fees shall be the same as allowed in the Circuit Court of the State of Illinois pursuant to Section 47 of "AN ACT concerning fees and salaries, and to classify the several counties of this state with reference thereto" (Ill. Rev. Stat. 1985, ch. 53, par. 65).

41 Ill. Adm. Code 210.100 Depositions and Interrogatories

a) Upon application of a party showing that a deposition is required or would be expeditious and setting forth the facts to be proved or information sought, the Hearing Officer will allow the taking of depositions. This rule may be waived by agreement of the parties provided that the taking of depositions shall not be cause for postponements of hearings or delay of the Office's disposition of the proceeding.

b) Parties may serve interrogatories, requests to produce documents for inspection and copying, and requests for the admission or denial of material facts. The Hearing Officer shall set a reasonable time based on factors such as volume of material sought, difficulty of obtaining such materials or answers, or number of interrogatories, for compliance with his order to answer or produce the requested material.

41 Ill. Adm. Code 210.110 Pre-Hearing Conferences

a) Upon written notice by the Hearing Officer in any proceeding, parties or their attorneys may be requested to appear at a specified time and place for a conference, prior to or during the course of hearings for the purpose of formulating issues and considering:

1. simplification of issues;

2. the necessity or desirability of amending the pleadings for the purpose of clarification, amplification or limitation;

3. the possibility of making admissions of certain averments of facts for stipulations concerning the use by any party of matters of public record to avoid unnecessary introduction of proof;

4. the limitation of witnesses;

5. such other matters as may aid in a simplification of the evidence and disposition of the proceedings.

b) The action taken at the conference shall be recorded in an appropriate ruling, unless the parties enter upon written stipulation as to such matters, or agree to a statement thereof made on the record by the Hearing Officer.

41 Ill. Adm. Code 210.120 Order of Hearings

The following shall be the order of all hearings, subject to modification by agreement of the parties:

a) presentation, argument and disposition of motions preliminary to a hearing on the merits of the matters raised in the complaint;

b) presentation of opening statements;

c) appellant's case in chief;

d) respondent's case in chief;

e) appellant's case in rebuttal;

f) statements from interested citizens;

g) appellant's closing argument;

h) respondent's closing argument;

i) appellant's rebuttal argument;

j) presentation and argument of all motions, proposed findings and conclusions prior to final order.

41 Ill. Adm. Code 210.130 Stipulations

a) It is the policy of the Office that the parties to a proceeding should, to the fullest extent possible, stipulate all matters which are not or fairly should not be in dispute.

b) At the hearing the parties may file a stipulation setting forth

1. All pertinent matters which are not in dispute;

2. A list of all exhibits to which there are no objections;

3. Matters that are in dispute;

41 Ill. Adm. Code 210.140 Evidence

a) All witnesses testifying at hearings shall testify upon oath or affirmation.

b) Admissibility of evidence shall be governed by Section 12 of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1985, ch. 127, par. 1012).

c) When objection is made to the admissibility of evidence, the Hearing Officer shall either receive the disputed evidence subject to ruling at a later time, or may exclude the evidence at that time.

d) Upon his own motion or upon objection of any party, the hearing officer shall exclude inadmissible evidence.

e) A party offering evidence that is ruled inadmissible shall be permitted to make a brief offer of proof.

f) Writings shall be legible and exhibits shall be plainly marked and identified. The hearing record shall reflect the identity of the party offering an exhibit and shall indicate whether it was admitted into evidence.

g) The Hearing Officer and the State Fire Marshal may take official notice of:

1. the customs, usages and traditions of fire safety;

2. Fire Prevention and Safety (41 Ill. Adm. Code 100);

3. matters within its specialized knowledge and expertise;

4. all matters of which the Circuit Courts of this state may take judicial notice.

41 Ill. Adm. Code 210.150 Default

Failure of a party to appear on the date set for hearing, or failure to proceed as ordered by the State Fire Marshal, shall constitute a default. The State Fire Marshal shall enter such final order as shall be received from applicable motion.

41 Ill. Adm. Code 210.160 Closing Arguments

a) When a hearing is held, the Hearing Officer shall allot a reasonable amount of time for closing arguments.

b) The parties may with notice to the Hearing Officer file briefs in addition to or in lieu of closing arguments. The Hearing Officer shall set a briefing schedule.

41 Ill. Adm. Code 210.170 Findings of Fact and Conclusions of Law

Orders disposing of contested matters upon the merits shall set forth the State Fire Marshal's findings of fact and conclusions of law and shall be served by certified mail.

41 Ill. Adm. Code 210.180 Transcripts

a) Hearings shall be recorded either by mechanical or stenographic means as determined by the Hearing Officer. The Office shall bear the cost of recording. Parties to hearings conducted pursuant to these rules may provide their own recording or stenographer at such proceedings at their own cost in addition to that provided by the Office.

b) Where no verbatim transcript is available, either through failure of mechanical recording devices or inadequate or incomplete stenographic recording, the appellant shall utilize the procedures for preparing a report of proceedings contained in Illinois Supreme Court Rule 323 (Ill. Rev. Stat. 1985, ch. 110A, par. 322).

Part 230 Pyrotechnic Distributor and Operator Licensing Rules

41 Ill. Adm. Code 230.10 Scope

This Part implements the Pyrotechnic Distributor and Operator Licensing Act [225 ILCS 227] and applies to all individuals who distribute display fireworks or conduct pyrotechnic displays, or are responsible for the safety, setup, discharge and supervision of a pyrotechnic display in this State. This Part is intended to supplement the requirements of any federal, State or local laws and regulations governing the distribution or sale of fireworks, including the safety, setup, discharge and supervision of pyrotechnic displays, but shall be construed, wherever possible, to avoid conflicting or duplicative requirements. In the event of a conflict between this Part and the laws and rules enforced by agencies of the federal government, including the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Occupational Safety and Health Administration, the laws and rules enforced by agencies of the federal government shall control. However, provisions of this Part shall not be deemed to be in conflict with federal requirements on the basis that they are more specific than, more stringent than, or impose requirements for which no like requirements are contained in, laws and rules enforced by agencies of the federal government. Further, should there be a conflict between this Part and the laws and rules enforced by the local governmental agency, this Part shall control to the extent that provisions of this Part are more specific than, more stringent than, or impose requirements for which no like requirements are contained in, laws and rules enforced by the local governmental agency.

41 Ill. Adm. Code 230.20 Definitions

For purposes of this Part, the term:

"1.3G fireworks" means fireworks that are used for professional outdoor displays and classified as fireworks UN0333, UN0334 or UN0335 by the United States Department of Transportation (USDOT) under 49 CFR 172.101. [225 ILCS 227/5] USDOT assigns the following division numbers to the above-referenced fireworks identification numbers: UN0333 (1.1G), UN0334 (1.2G), and UN0335 (1.3G). (See 49 CFR 172.101.)

"Act" means the Pyrotechnic Distributor and Operator Licensing Act.

"Applicant" means an individual applying for a license under this Part.

"Assistant" means an on-site individual who is at least 18 years of age and who, under the supervision of the lead operator, assists with the safety, setup and discharge of a pyrotechnic display.

"ATF" means the federal Bureau of Alcohol, Tobacco, Firearms and Explosives. [225 ILCS 227/5]

"Consumer fireworks" means fireworks that must comply with the construction, chemical composition, and labeling regulations of the U.S. Consumer Products Safety Commission, as set forth in 16 CFR 1500 and 1507, and classified as fireworks UN0336 or UN0337 by USDOT under 49 CFR 172.101. "Consumer fireworks" does not include a substance or article exempted under the Pyrotechnic Use Act. [225 ILCS 227/5] USDOT assigns the following division numbers to the above-referenced fireworks identification numbers: UN0336 (1.4G) and UN0337 (1.4S). (See 49 CFR 172.101.)

"Display fireworks" means any substance or article defined as a Division 1.3G explosive or special effects fireworks. [225 ILCS 227/5]

"DNR" means the Illinois Department of Natural Resources.

"Facility" means an area being used for the conducting of a pyrotechnic display business, but does not include residential premises except for the portion of any residential premises that is actually used in the conduct of a pyrotechnic display business. [225 ILCS 227/5]

"FBI" means the Federal Bureau of Investigation.

"Flame effect" means the detonation, ignition, or deflagration of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether admission is charged in accordance with NFPA 160. [225 ILCS 227/5]

"Flame effect license" means a license issued to a qualified lead pyrotechnic operator for flame effect displays. A license may be limited to a certain type of display, effect or location.

"Illinois Display Report" means the report filed by the lead operator with OSFM providing certain information with respect to the pyrotechnic display.

"ISP" means the Illinois Department of State Police.

"Lead pyrotechnic operator" or "lead operator" means the on-site individual, who is at least 21 years of age, with overall responsibility for safety, setup, discharge, and supervision of a pyrotechnic display or pyrotechnic service. [225 ILCS 227/5]

"License" means the license issued by OSFM pursuant to the Act and this Part.

"Licensee" means the individual licensed in accordance with the Act and this Part.

"NFPA" means the National Fire Protection Association, a nationally recognized standards-making organization.

"Officer" means:

if the applicant is a political subdivision of the State, an appointed or elected official; or

if the business is a sole proprietorship, the owner of the business or any person exercising managerial control; or

if the business is a partnership, any partner who has at least 10% ownership interest or any person exercising managerial control; or

if the business is a corporation, any officer or director of the corporation, any person who has at least 10% ownership interest in the corporation, or any person exercising managerial control.

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

"Outdoor professional display" means an outdoor pyrotechnic display that uses 1.3G fireworks and is at least 75' from the audience in accordance with NFPA 1123.

"Outdoor professional license" means the license issued to a qualified lead pyrotechnic operator for 1.3G fireworks.

"Person" means an individual, firm, corporation, association, partnership, company, consortium, joint venture, commercial entity, state, municipality, or political subdivision of a state or any agency, department, or instrumentality of the United States and any officer, agent, or employee of these entities. [225 ILCS 227/5]

"Production company" means any person in the film, digital and video media, television, commercial, and theatrical stage industry who provides pyrotechnic services or pyrotechnic display services as part of a film, digital and video media, television, commercial, or theatrical production in the State of Illinois. [225 ILCS 227/5]

"Proscenium curtain" means the curtain covering the opening of the stage that is constructed and mounted in a manner that intercepts hot gases, flames and smoke and that prevents flame from a fire on the stage from becoming visible from the auditorium side.

"Proximate audience display" means a display of special effects fireworks that occurs within a building or structure or that occurs outside before an audience closer than 75' to the pyrotechnic or flame devices.

"Proximate audience license" means a license issued to a qualified lead pyrotechnic operator for proximate audience displays. The license may be limited to a certain type of display, effect or location.

"Pyrotechnic display" or "display" means the detonation, ignition, or deflagration of display fireworks or flame effects to produce a visual or audible effect of an exhibitional nature before the public, invitees, or licensees, regardless of whether admission is charged. [225 ILCS 227/5]

"Pyrotechnic distributor" or "distributor" means any person who distributes display fireworks for sale in the State of Illinois or provides them as part of a pyrotechnic display service in the State of Illinois or provides only pyrotechnic services. [225 ILCS 227/5]

"Pyrotechnic service" means the detonation, ignition or deflagration of display fireworks, special effects or flame effects to produce a visual or audible effect. [225 ILCS 227/5]

"Special effects fireworks" means pyrotechnic devices used for special effects by professionals in the performing arts in conjunction with theatrical, musical, or other productions that are similar to consumer fireworks in chemical compositions and construction, but are not intended for consumer use and are not labeled as such and must be identified as "intended for indoor use". Special effects fireworks are classified as fireworks UN0431 or UN0432 by USDOT under 49 CFR 172.101. [225 ILCS 227/5] USDOT assigns the following division numbers to the above-referenced pyrotechnic article identification numbers: UN0431 (1.4G) and UN0432 (1.4S). (See 49 CFR 172.101.)

"Supervision" means direction and management of the activities of personnel in the safety, setup and display of a pyrotechnic display.

"USDOT" means the United States Department of Transportation.

History

• Source: Amended at 34 Ill. Reg. 16524, effective October 6, 2010

41 Ill. Adm. Code 230.25 Incorporated and Referenced Materials

a) The following national regulations and standards are incorporated in this Part:

1. National Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts 02169-7471:

A) NFPA 101, Life Safety Code (2000)

B) NFPA 140, Standard on Motion Picture and Television Production Studio Soundstages, Approved Production Facilities, and Production Locations (2008)

C) NFPA 160, Standard for the Use of Flame Effects Before an Audience (2006)

D) NFPA 1123, Code for Fireworks Display (2006)

E) NFPA 1126, Standard for the Use of Pyrotechnics Before a Proximate Audience (2006)

2. Federal Statutes

Federal Explosives Law, 40 USC 841

3. Federal Regulations

A) ATF

27 CFR 555, Commerce in Explosives (2006)

B) Consumer Product Safety Commission

i) 16 CFR 1500, Hazardous Substance and Articles; Administration and Enforcement Regulations

ii) 16 CRF 1507, Fireworks Devices

C) USDOT

49 CFR 172.101, Purpose and Use of Hazardous Materials Table (2005)

b) All incorporations by reference of NFPA standards and federal regulations refer to the standards and regulations on the date specified and do not include any amendments or editions subsequent to the date specified.

c) The following Illinois statutes and regulations are referenced in this Part:

1. Statutes

A) Pyrotechnic Use Act [425 ILCS 35]

B) Pyrotechnic Distributor and Operator Licensing Act [225 ILCS 227]

C) Illinois Explosive Act [225 ILCS 210]

2. State Regulations

Travel (80 Ill. Adm. Code 2800)

Department of Natural Resources (62 Ill. Adm. Code)

The Illinois Explosive Act (62 Ill. Adm. Code 200)

Department of State Police (20 Ill. Adm. 1215.50)

Illinois Uniform Conviction Information Act (20 Ill. Adm. Code 1215)

History

• Source: Amended at 34 Ill. Reg. 16524, effective October 6, 2010

41 Ill. Adm. Code 230.30 General Requirements for Pyrotechnic Displays

a) All pyrotechnic displays or pyrotechnic services require a permit issued by the appropriate local governmental authority in accordance with the Pyrotechnic Use Act [425 ILCS 35].

b) All pyrotechnic displays or pyrotechnic services require the services of a licensed pyrotechnic distributor or a licensed production company and a licensed lead pyrotechnic operator in accordance with this Part.

c) A licensed lead pyrotechnic operator shall be present during any pyrotechnic display or pyrotechnic services and shall personally supervise all assistants, including all phases of the pyrotechnic display.

d) The fire chief of the local jurisdiction or his/her designee must inspect and approve the display site for all pyrotechnic displays or pyrotechnic services to ensure that the site is safe to conduct a display.

History

• Source: Amended at 34 Ill. Reg. 16524, effective October 6, 2010

41 Ill. Adm. Code 230.40 Compliance Standards

a) All pyrotechnic displays shall be conducted in accordance with the edition of the following copyrighted standards and recommended practices:

1. NFPA 1123;

2. NFPA 1126, as modified by Section 230.260;

3. NFPA 160, as modified by Section 230.270; or

4. NFPA 140.

b) Storage of display fireworks (1.3G and above) shall comply with the storage requirements set forth by ATF at 27 CFR 555 or by DNR pursuant to Article 3 of the Illinois Explosive Act. Should there be a conflict between the requirements established by ATF and DNR, those requirements that are more specific, more stringent, or impose requirements for which no like requirements are contained in the other agency's requirements shall control.

c) In addition to the preceding standards, all indoor pyrotechnic displays must meet the requirements of the Pyrotechnic Use Act and shall only be held in one of the following types of buildings:

1. Buildings having an automatic sprinkler system protecting the seating area and stage [425 ILCS 35/2.1];

2. Buildings having an automatic sprinkler system protecting the stage that is equipped with a proscenium curtain, as required by NFPA 101, that will automatically deploy in the event of a fire. In no event may an effect be downstage of the proscenium curtain, i.e., on the audience side of the curtain; or

3. Stadia and arenas without automatic sprinkler system protection over the floor area used for contest, performance, or entertainment; over the seating areas; or over open-air concourses where, as required by NFPA 101, Section 12.3.5, Exception 4, an approved engineering analysis substantiated the ineffectiveness of the sprinkler protection due to building height and combustible loading.

History

• Source: Amended at 34 Ill. Reg. 16524, effective October 6, 2010

41 Ill. Adm. Code 230.50 Qualifications for Distributor License

a) Except as provided in this Section, no license shall be granted to an applicant who has not reached the age of 21 and met the requirements of the Act (in particular Section 35) and paid the required application fee.

b) The applicant must have a current license from ATF for the type of pyrotechnic service or pyrotechnic display service provided. In the event the applicant's license has expired, the applicant must submit proof from ATF that the license is in the process of being renewed. OSFM may issue the applicant temporary authorization to act until ATF renews the applicant's license. In the event the applicant distributes only flame effect pyrotechnic displays, the applicant must submit an affidavit, signed under penalties of perjury, identifying the full extent of pyrotechnic services the applicant provides, and all materials used. With respect to these pyrotechnic services, the applicant shall acknowledge that he or she does not transport, receive, distribute, possess, store or acquire for use any material that requires an ATF license.

c) The applicant must have a current Identification Number and Hazardous Materials Registration Number issued by USDOT. In the event the applicant distributes only flame effect pyrotechnic displays and/or the applicant never transports materials in quantities that require registration with USDOT, the applicant must submit an affidavit, signed under penalty of perjury. In this affidavit, the applicant shall identify all materials he/she uses in the display services provided, the quantity of each material transported for these displays, and an acknowledgement that the applicant never transports materials in quantities that require registration with USDOT. If the applicant never transports materials in quantities that require registration with USDOT, but takes possession of such materials at the display site, the applicant must maintain a file of all documentation concerning the transportation of those materials and provide copies of the documents to OSFM upon request.

d) At least one officer of a pyrotechnic distributor must be a licensed lead pyrotechnic operator for the type of display services provided.

e) An out-of-state person hired for or engaged in pyrotechnic services or a pyrotechnic display must have a pyrotechnic distributor license issued by OSFM, or be employed by a licensed pyrotechnic distributor and hold a lead pyrotechnic operator license issued by OSFM. [225 ILCS 227/10]

History

• Source: Amended at 34 Ill. Reg. 16524, effective October 6, 2010

41 Ill. Adm. Code 230.55 Qualifications for Production Company License

a) Except as provided in this Section, no license shall be granted to an applicant who is not a production company that provides pyrotechnic display services or pyrotechnic services as part of any production, has not reached the age of 21, has not met the requirements of the Act (in particular Section 35) and paid the required application fee.

b) The applicant must have a current Identification Number and Hazardous Materials Registration Number issued by USDOT. In the event the applicant distributes only flame effect pyrotechnic displays, and/or the applicant never transports materials in quantities that require registration with USDOT, the applicant must submit an affidavit, signed under penalty of perjury. In this affidavit the applicant shall identify all materials he/she uses in the display services provided, the quantity of each material transported for these displays, and an acknowledgement that the applicant never transports materials in quantities that require registration with USDOT. If the applicant never transports materials in quantities that require registration with USDOT, but takes possession of those materials at the display site, the applicant must maintain a file of all documentation concerning the transportation of those materials and provide copies of the documents to OSFM upon request. Alternatively, this information may be provided by the licensed lead pyrotechnic operator for the production company.

History

• Source: Added at 34 Ill. Reg. 16524, effective October 6, 2010

41 Ill. Adm. Code 230.60 Qualifications for Limited Distributor License

a) Except as provided in this Section, no limited distributor's license shall be granted to an applicant that is not a political subdivision of the State, met the requirements of the Act (in particular Section 35) and paid the required application fee.

b) Pursuant to Section 845(a)(3) of the Federal Explosives Law, the transportation, shipment, receipt, or importation of explosive materials for delivery to a political subdivision of the State does not require the political subdivision of the State to hold a license issued by ATF.

c) The applicant must have a current Identification Number and Hazardous Materials Registration Number issued by USDOT. In the event the applicant distributes only flame effect pyrotechnic displays, and/or the applicant never transports materials in quantities that require registration with USDOT, the applicant must submit an affidavit, signed under penalty of perjury. In this affidavit, the applicant shall identify all materials he/she uses in the display services provided, the quantity of each material transported for these displays, and an acknowledgement that the applicant never transports materials in quantities that require registration with USDOT. If the applicant never transports materials in quantities that require registration with USDOT, but takes possession of such materials at the display site, the applicant must maintain a file of all documentation concerning the transportation of those materials and provide copies of the documents to OSFM upon request.

d) The applicant must provide, for approval by OSFM, proof of having the requisite knowledge, through training, examination, or continuing education, of the pyrotechnic materials and pyrotechnic displays it provides. [225 ILCS 227/35(c)(8)]

History

• Source: Amended at 34 Ill. Reg. 16524, effective October 6, 2010

41 Ill. Adm. Code 230.65 Qualifications for Production Company Lead Operator Licensing Approval

a) Outdoor Professional Licensing Approval

1. No licensing approval shall be granted to an applicant who has not reached the age of 21 and met the requirements of the Act.

2. The applicant must have a current license or Letter of Clearance from ATF for the type of pyrotechnic service or pyrotechnic display provided. In the event the applicant's license has expired, the applicant must submit proof from ATF that the license is in the process of being renewed. If an applicant has applied for, but not received, an ATF explosives license or a Letter of Clearance, or if the license is being renewed, OSFM may issue the applicant temporary authorization to act until ATF issues the applicant an explosives license or Letter of Clearance, or renews the license.

3. The applicant must provide proof of successful completion of the DNR training program for pyrotechnic displays, including a current DNR individual explosives license number, or another program that OSFM determines to be substantially equivalent.

b) Proximate Audience Licensing Approval

1. No licensing approval shall be granted to an applicant who has not reached the age of 21 and met the requirements of the Act.

2. The applicant must have a current license or a Letter of Clearance from ATF for the type of pyrotechnic service or pyrotechnic display provided. In the event the applicant's license has expired, the applicant must submit proof from ATF that the license is in the process of being renewed. If an applicant has applied for, but not received, an ATF explosives license or a Letter of Clearance, or if the license is being renewed, OSFM may issue the applicant temporary authorization to act until ATF issues the applicant an explosives license or Letter of Clearance, or renews the license.

3. The applicant must provide proof of successful completion of the DNR training program for pyrotechnic displays, including a current DNR individual explosives license number, or another program that OSFM determines to be substantially equivalent.

4. An applicant for a proximate audience licensing approval must achieve a passing score of 80% on a written examination administered by OSFM in accordance with Section 230.120.

5. The applicant must submit evidence of experience that includes active participation in the safe performance of at least 10 proximate audience displays. The applicant must have performed the duties of a lead operator in at least 2 of these displays (either pursuant to a license from another state or under the supervision of a lead operator).

6. Acceptable documentation of experience includes:

A) A copy of a display permit from an issuing authority that lists the applicant as an operator or assistant, including a letter from the issuing authority documenting that there were no injuries or property damage sustained from the display; or

B) A copy of the Illinois Display Report (see Section 230.200).

c) Flame Effect Licensing Approval

1. No licensing approval shall be granted to an applicant who has not reached the age of 21 and met the requirements of the Act.

2. An applicant for a flame effect licensing approval must achieve a passing score of 80% on a written examination administered by OSFM in accordance with Section 230.120.

3. The applicant must submit evidence of experience, which must include active participation as a lead operator or assistant in the safe performance of at least 10 flame effect displays. The applicant must have performed the duties of a lead operator in at least 2 of these flame effect displays (either pursuant to a license from another state or under the supervision of a lead operator).

4. Acceptable documentation of experience includes:

A) A copy of a display permit from an issuing authority that lists the applicant as an operator or assistant, including a letter from the issuing authority documenting that there were no injuries or property damage sustained from the flame effect display; or

B) A copy of the Illinois Display Report (see Section 230.200).

d) Additional Requirements for Licensed Lead Pyrotechnic Operator Employed by Production Company

The lead pyrotechnic operator employed by a licensed production company may be required by the production company to have and provide an Identification Number and Hazardous Materials Registration Number issued by USDOT or provide OSFM the appropriate information and affidavit as is required in Section 230.55(b).

History

• Source: Added at 34 Ill. Reg. 16524, effective October 6, 2010

41 Ill. Adm. Code 230.70 Qualifications for Outdoor Professional License

a) No license shall be granted to an applicant who has not reached the age of 21 and met the requirements of the Act and paid the required application fee.

b) The applicant must have a current license or a Letter of Clearance from ATF. In the event the applicant's license has expired, the applicant must submit proof from ATF that the license is in the process of being renewed. If an applicant has applied for, but not received, an ATF explosives license or a Letter of Clearance, or if the license is being renewed, OSFM may issue the applicant temporary authorization to act until ATF issues the applicant an explosives license or Letter of Clearance, or renews the license.

c) The applicant must provide proof of successful completion of the DNR training program for pyrotechnic displays, including a current DNR individual explosives license number, or another program that OSFM determines to be substantially equivalent.

History

• Source: Amended at 34 Ill. Reg. 16524, effective October 6, 2010

41 Ill. Adm. Code 230.80 Qualifications for Proximate Audience License

a) No license shall be granted to an applicant who has not reached the age of 21 and met the requirements of the Act and paid the required application fee.

b) The applicant must have a current license or a Letter of Clearance from ATF. In the event the applicant's license has expired, the applicant must submit proof from ATF that the license is in the process of being renewed. If an applicant has applied for, but not received, an ATF explosives license or a Letter of Clearance, or if the license is being renewed, OSFM may issue the applicant temporary authorization to act until ATF issues the applicant an explosives license or Letter of Clearance, or renews the license.

c) The applicant must provide proof of successful completion of the DNR training program for pyrotechnic displays, including a current DNR individual explosives license number, or another program that OSFM determines to be substantially equivalent.

d) An applicant for a proximate audience license must achieve a passing score of 80% on a written examination administered by OSFM in accordance with Section 230.120.

e) The applicant must submit evidence of experience that includes active participation in the safe performance of at least 10 proximate audience displays. The applicant must have performed the duties of a lead operator in at least 2 of these displays (either pursuant to a license from another state or under the supervision of a lead operator).

f) Acceptable documentation of experience includes:

1. A copy of a display permit from an issuing authority that lists the applicant as an operator or assistant, including a letter from the issuing authority documenting that there were no injuries or property damage sustained from the display; or

2. A copy of the Illinois Display Report (see Section 230.200).

g) Due to the special nature of proximate audience displays, OSFM may issue either a proximate audience license or a limited proximate audience license that will license the individual to conduct only certain types of displays or effects or limit the show to a certain venue.

History

• Source: Amended at 34 Ill. Reg. 16524, effective October 6, 2010

41 Ill. Adm. Code 230.90 Qualifications for Flame Effect License

a) No license shall be granted to an applicant who has not reached the age of 21 and met the requirements of the Act and paid the required application fee.

b) An applicant for a flame effect license must achieve a passing score of 80% on a written examination administered by OSFM in accordance with Section 230.120.

c) The applicant must submit evidence of experience, which must include active participation as a lead operator or assistant in the safe performance of at least 10 flame effect displays. The applicant must have performed the duties of a lead operator in at least 2 of these flame effect displays (either pursuant to a license from another state or under the supervision of a lead operator).

d) Acceptable documentation of experience includes:

1. A copy of a display permit from an issuing authority that lists the applicant as an operator or assistant, including a letter from the issuing authority documenting that there were no injuries or property damage sustained from the flame effect display; or

2. A copy of the Illinois Display Report (see Section 230.200).

e) Due to the special nature of a flame effect display, OSFM may issue a flame effect license or a limited flame effect license that will license the individual to conduct only certain types of effects or conduct shows limited to a certain venue.

History

• Source: Amended at 34 Ill. Reg. 16524, effective October 6, 2010

41 Ill. Adm. Code 230.100 Application for License

a) All applications for a pyrotechnic distributor license shall be signed and submitted on forms provided by OSFM and shall include the following information:

1. The name and address of the business. 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.

2. The names and personal addresses of all officers of the business, including a copy of each officer's driver's license or other government issued ID showing date of birth and photograph. This information shall be required from only one officer of a political subdivision of the State.

3. In accordance with Section 230.150, no license shall be issued until the applicable fee has been paid. After reviewing the application, OSFM will invoice the licensee for the fee.

4. A Certificate of Insurance showing proof of not less than $1,000,000 in product liability insurance, $1,000,000 in general liability insurance that covers the pyrotechnic display service or pyrotechnic service provided and proof of Illinois Workers' Compensation insurance. [225 ILCS 227/35(c)] The insurance coverage shall provide for 30 days minimum coverage prior to written notice of cancellation to OSFM. Insurance coverage shall be an occurrence based policy, or its equivalent, and it shall cover all periods of time when pyrotechnic materials, including flame effect materials, are in the insured's actual or constructive possession, including those times when the materials are being stored, transported, handled, used, discharged and displayed. If a political subdivision of the State is self-insured, the applicant shall submit an affidavit acknowledging its self-insurance.

5. A copy of the current license issued by ATF for the type of pyrotechnic service or pyrotechnic display service provided or proof from ATF that a license is in the process of being renewed. In the event the applicant distributes only flame effect pyrotechnic displays, the applicant shall submit a sworn affidavit as set forth in Section 230.50(b). In the event the applicant is a political subdivision of the State, the applicant shall submit an affidavit acknowledging its status.

6. The Identification Number and Hazardous Materials Registration Number issued by USDOT. In the event the applicant distributes only flame effect pyrotechnic displays and the applicant never transports materials in quantities that require registration with USDOT, the applicant shall submit a sworn affidavit as set forth in Section 230.50(c).

7. Proof that the applicant met the requirements of Section 230.50.

8. If providing display services, the name of the officer who is licensed for those types of services.

9. In accordance with Section 230.280, a fingerprint card in the form and manner required by ISP and the fee specified by ISP for processing fingerprint cards through the ISP criminal history record files (see 20 Ill. Adm. Code 1215.50) and through the FBI criminal history record files.

b) The pyrotechnic distributor shall submit to OSFM the applications of its employees applying for a lead pyrotechnic operator license. All applications for the license shall be signed by the applicant and submitted on forms provided by OSFM and must be accompanied by the following additional information:

1. A copy of the applicant's driver's license or other government issued identification that includes the date of birth and photograph.

2. A photograph, approximately 1¼" x 1½", taken within the preceding 2 years. The photograph must show the applicant from a front view with his or her full-face and head and shoulders visible. OSFM will reject photographs showing the applicant wearing sunglasses, hats, scarves, or any object that obscures the applicant's identity.

3. A copy of a current license or a Letter of Clearance from ATF for the type of pyrotechnic service or pyrotechnic display provided. In the event the applicant's license has expired, the applicant must submit proof from ATF that the license is in the process of being renewed. A current license or Letter of Clearance from ATF is required for both the outdoor display and proximate audience licenses. In the event the applicant has only applied for an ATF explosives license or Letter of Clearance, the applicant shall submit an affidavit, signed under penalty of perjury, with a copy of the completed ATF application attached, acknowledging when he/she submitted an application to ATF for processing.

4. In the event the applicant participates in only flame effect pyrotechnic displays, the applicant shall submit an affidavit, signed under penalty of perjury, acknowledging that he/she only participates in the safety, setup, discharge, and supervision of flame effect pyrotechnic displays. The affidavit shall acknowledge that, with regard to the services provided, the applicant does not transport, receive, distribute, possess, store, or acquire for use any material that requires an ATF license.

5. In accordance with Section 230.150, no license shall be issued until the applicable fee has been paid. After reviewing the application, OSFM will invoice the licensee for the fee.

6. Proof that the applicant met the requirements of Section 230.70(c), 230.80(c) or 230.90(b), whichever is applicable to the respective license.

7. References from at least 3 individuals, who are not affiliated with the pyrotechnic distributor who employs the applicant, who can verify the experience reported or any training received by the applicant. All references must include the name, address, phone number, and agency or organization represented by the person submitting the reference. These references can be from permitting officials, law enforcement officials who had oversight at a display, fire department personnel who approved and reviewed pyrotechnic displays performed by the applicant in the past, and other individuals who can attest to the applicant's training, experience, and manner in performing displays. In addition, these letters should identify the basis for the opinion expressed in the letter, i.e., how does that person know the applicant and what facts support the opinion expressed in the letter. A copy of a fully signed Illinois Display Report may serve as a letter of reference.

8. In accordance with Section 230.280, a fingerprint card in the form and manner required by ISP and the fee specified by ISP for processing fingerprint cards through the ISP criminal history record files (see 20 Ill. Adm. Code 1215.50) and through the FBI criminal history record files.

c) All applications for a production company license shall be signed and submitted on forms provided by OSFM and shall include the following information:

1. The name and address of the business. 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.

2. The names and personal addresses of all officers of the business, including a copy of each officer's driver's license or other government issued ID showing date of birth and photograph.

3. In accordance with Section 230.150, no license shall be issued until the applicable fee has been paid. After reviewing the application, OSFM shall invoice the licensee for the fee.

4. A Certificate of Insurance and a copy of the insurance policy showing proof of not less than $2,000,000 in commercial general liability insurance that covers any damage or injury resulting from the pyrotechnic display services or pyrotechnic services provided. [225 ILCS 227/35] The insurance coverage shall provide for a minimum of 30 days coverage after written notice to OSFM of cancellation. Insurance coverage shall be an occurrence based policy, or its equivalent, and it shall cover all periods of time when pyrotechnic materials, including flame effect materials, are in the insured's actual or constructive possession, including those times when the materials are being stored, transported, handled, used, discharged and displayed. The insurer shall not cancel the insured's coverage or remove an additional insured from the policy coverage without notifying OSFM in writing at least 15 days before cancellation. [225 ILCS 227/35]

5. Proof of Illinois Workers' Compensation insurance. [225 ILCS 227/35(c-3)]

6. The Identification Number and Hazardous Materials Registration Number issued by USDOT. In the event the applicant distributes only flame effect pyrotechnic displays and the applicant never transports materials in quantities that require registration with USDOT, the applicant shall submit a sworn affidavit as set forth in Section 230.50(c). Alternatively, the production company's lead pyrotechnic operator may provide such proof. [225 ILCS 227/35(c-3)]

7. Identify the OSFM approved lead pyrotechnic operator being employed by the company. [225 ILCS 227/35(c-3)]

8. In accordance with Section 230.280, a fingerprint card in the form and manner required by ISP and the fee specified by ISP for processing fingerprint cards through the ISP criminal history record files (see 20 Ill. Adm. Code 1215.50) and through the FBI criminal history record files.

d) All applications for approval of lead operators that may be employed by a production company shall be signed by the applicant and submitted on forms provided by OSFM and must be accompanied by the following additional information:

1. A copy of the applicant's driver's license or other government issued identification that includes the date of birth and photograph.

2. A photograph, approximately 1¼" x 1½", taken within the preceding 2 years. The photograph must show the applicant from a front view with his or her full face and head and shoulders visible. OSFM will reject photographs showing the applicant wearing sunglasses, hats, scarves, or any object that obscures the applicant's identity.

3. A copy of a current license or a Letter of Clearance from ATF issued to the applicant for the type of pyrotechnic service or pyrotechnic display service provided. In the event the applicant's license has expired, the applicant must submit proof from ATF that the license is in the process of being renewed. A current license or Letter of Clearance from ATF is required for both outdoor and proximate audience licensing approvals. In the event the applicant has only applied for an ATF explosives license or Letter of Clearance, the applicant shall submit an affidavit, signed under penalty of perjury, with a copy of the completed ATF application attached, acknowledging when he/she submitted an application to ATF for processing.

4. In the event the applicant participates in only flame effect displays, the applicant shall submit an affidavit, signed under penalty of perjury, acknowledging that he/she only participates in the safety, setup, discharge and supervision of flame effect pyrotechnic displays. The affidavit shall acknowledge that, with regard to the services provided, the applicant does not transport, receive, distribute, possess, store or acquire for use any material that requires an ATF license.

5. List previous production company licenses held by the operator.

6. List pyrotechnic licenses issued to the operator by other states.

7. Proof that the applicant met the requirements of Section 230.65(a), (b) or (c), whichever is applicable to the respective license.

8. References from at least 3 individuals, who are not affiliated with the pyrotechnic distributor who employs the applicant, who can verify the experience reported or any training received by the applicant. All references must include the name, address, phone number, and agency or organization represented by the person submitting the reference. These references can be from permitting officials, law enforcement officials who had oversight at a display, fire department personnel who approved and reviewed pyrotechnic displays performed by the applicant in the past, and other individuals who can attest to the applicant's training, experience, and manner in performing displays. In addition, these letters should identify the basis for the opinion expressed in the letter, i.e., how does that person know the applicant and what facts support the opinion expressed in the letter. A copy of a fully signed Illinois Display Report may serve as a letter of reference.

9. In accordance with Section 230.280, a fingerprint card in the form and manner required by ISP and the fee specified by ISP for processing fingerprint cards through the ISP criminal history record files (see 20 Ill. Adm. Code 1215.50) and through the FBI criminal history record files.

e) Upon receipt and review of the application, OSFM shall issue the appropriate license or shall approve issuance of a license when employed by a production company or shall notify the applicant of the reason for the denial of the license.

f) Depending on an applicant's professional qualifications, as evidenced by information and documents submitted with his/her application, and on the nature and extent of an applicant's planned participation in permitted pyrotechnic displays, the Office may, within its sole discretion, issue a temporary license to an individual during the application process. The temporary license shall expire upon receipt of the appropriate license or notification of denial of the license.

g) Upon issuance of a license to a production company, OSFM shall also issue a license to the lead pyrotechnic operator that has been approved in accordance with Section 230.100(d) and identified by the production company in its license application as required in Section 230.100(c)(7).

History

• Source: Amended at 34 Ill. Reg. 16524, effective October 6, 2010

41 Ill. Adm. Code 230.105 Applications Received Between June 16 Through July 5

With the exception of an application for a production company license or the issuance of a lead operator license to an individual that was approved for a production company lead operator's license, OSFM will not process any application for a new license or to renew a license during the period of June 16 through July 5.

History

• Source: Added at 34 Ill. Reg. 16524, effective October 6, 2010

41 Ill. Adm. Code 230.110 Proximate Audience and Flame Effect Licensing Review Committee

The State Fire Marshal shall appoint a review committee to review the experience and qualifications of an applicant for a proximate audience or flame effect license, and recommend the type of license to be issued.

a) The committee shall consist of the following 3 members:

1. The State Fire Marshal or his/her designee, as chair;

2. One representative from a fire department that has experience in permitting proximate audience and flame effect displays within its jurisdiction; and

3. One representative from a company that has experience in setting up and firing proximate audience and flame effect displays.

b) Members shall serve without salary, but may receive reimbursement for reasonable expenses from OSFM from appropriations for such purposes, in accordance with 80 Ill. Adm. Code 2800.

c) All members shall have one vote.

d) Members shall serve a term of 2 years.

e) Upon the expiration of a member's term of office, the State Fire Marshal shall reappoint that member or appoint a successor who is a representative of the same interests, as identified in subsection (a).

f) The State Fire Marshal may, at any time, remove any of the respective appointees for inefficiency or neglect of duty in office. In such instances, the State Fire Marshal shall fill the vacancy for the remainder of the unexpired term by appointing a member who is a representative of the same interests. Upon the death or incapacity of a member, the State Fire Marshal shall fill the vacancy for the remainder of the unexpired term by appointing a member who is a representative of the same interests.

g) The committee shall meet each calendar quarter to review applications and at additional times as the committee deems necessary. The committee does not need to meet if there are no applications to review.

History

• Source: Amended at 34 Ill. Reg. 16524, effective October 6, 2010

41 Ill. Adm. Code 230.120 Written Examination for Proximate Audience License and/or Flame Effect License

a) An applicant for a proximate audience or flame effect license must have completed a written examination administered by OSFM and achieved a passing score of at least 80%.

b) The written examination is designed to demonstrate the applicant's knowledge of the Act, this Part, and NFPA 1126 and/or NFPA 160 standards relating to safe practices for the storage, use, handling, discharge and display of fireworks and flame effects.

c) The examinations are administered by OSFM at times scheduled during each calendar year. Contact OSFM to obtain the examination schedule. There is a $25 fee for taking the examination.

d) Persons failing to achieve a passing score of at least 80% are eligible to retake the examination after 30 days.

History

• Source: Amended at 34 Ill. Reg. 16524, effective October 6, 2010

41 Ill. Adm. Code 230.130 Use of Assistants

No person may act as an assistant at any pyrotechnic display or flame effect display who has not reached the age of 18 and met the requirements of Section 35 of the Act. The pyrotechnic assistant must be registered with OSFM by the licensed distributor or the licensed production company on a form provided by OSFM prior to the time when the assistant begins work as an employee on the pyrotechnic display or pyrotechnic service. [225 ILCS 227/35(e)]

History

• Source: Amended at 34 Ill. Reg. 16524, effective October 6, 2010

41 Ill. Adm. Code 230.140 License Renewal

a) A license issued pursuant to this Part for distributors and their respective lead pyrotechnic operators is valid for 3 years from the date of issuance.

b) An approval for a lead pyrotechnic operator for a production company is valid for a period of 3 years from the date of issuance.

c) A license issued to a production company and its lead pyrotechnic operator is valid for the term of the production company's insurance policy or for the time specified by the production company, if shorter than the term of the insurance, and shall in no event exceed one year from the date of issuance. The license must be returned to OSFM upon expiration. If the license is not returned within 15 days after expiration, the production company or lead pyrotechnic operator shall not be issued a new license until the previous license is returned.

d) Outdoor professional, proximate audience and flame effect licensees, and holders of production company lead operator approvals may renew their license during the 60-day period preceding and 60-day period following the expiration date by submitting a renewal application on forms provided by OSFM, together with the required fee. Renewal applications shall be submitted by the distributor by whom the licensee is employed.

e) Any license that is not renewed within 60 days following its expiration will be cancelled. Except as set forth in subsection (i), any requests after that date to renew or restore will be treated as a new application.

f) The extended renewal periods under subsections (d) and (i) do not allow a licensee to engage in any conduct or activities for which a license is required during the 60-day period after the license's expiration date.

g) In addition, a licensee seeking to renew his/her outdoor professional, proximate audience or flame effect license or production company lead pyrotechnic operator licensing approval must include with the renewal application evidence that the licensee participated in at least:

1. 2 pyrotechnic displays as a lead operator for an outdoor professional display license;

2. 6 proximate audience displays for a proximate audience license; or

3. 6 flame effect displays for a flame effect license.

h) Licensees or production company lead pyrotechnic operator licensing approvals must provide evidence of satisfactory completion of at least 6 hours of continuing education in their respective area of licensure to ensure continued qualification of the licensee. Continuing education may be conducted by a federal or state agency, by an independent organization that has experience in the subject matter, or by the distributor.

i) Renewal and reinstatement fees shall be waived for persons who did not renew while on active duty in the military and who file for renewal or restoration within one year after discharge from the service. [225 ILCS 227/50(b)] These licensees must satisfy all other requirements of this Section in order to renew a license. Proof of service discharge date will be required to receive a waiver of fees.

j) In addition to meeting all the requirements of this Section, a licensee failing to renew with 60 days after the end of the license period shall be assessed a reinstatement fee of $100, in addition to the renewal fees.

History

• Source: Amended at 35 Ill. Reg. 15064, effective September 1, 2011

41 Ill. Adm. Code 230.150 Fees

The following license fees will be invoiced to the applicant upon review and approval of the application, shall be paid to OSFM for administration of the Act and are non-refundable:

Production Company License

$200

Production Company Lead Pyrotechnic Operator License

$100

Pyrotechnic Distributor License and each renewal

$500

Limited Pyrotechnic Distributor License and each renewal (only available for political subdivisions of the State)

$50

Production Company Lead Operator Approval

$0

Outdoor Professional License and each renewal

$100

Proximate Audience License, Limited Proximate Audience License and each renewal

$300

Flame Effect License, Limited Flame Effect License and each renewal

$300

Replacement license (lost, stolen, or destroyed) or duplicate license (worn, damaged, or address change)

$25

License Reinstatement Fee

$100

History

• Source: Amended at 35 Ill. Reg. 15064, effective September 1, 2011

41 Ill. Adm. Code 230.160 Possession of License

The lead operator must be in possession of, and be able to produce, his/her license upon request at all times during delivery, setup, and performance of the display or pyrotechnic service.

History

• Source: Amended at 34 Ill. Reg. 16524, effective October 6, 2010

41 Ill. Adm. Code 230.170 Notification to Office

a) Written communication with OSFM, as identified in this Part, shall be mailed to:

Office of the State Fire Marshal

Pyrotechnic Licensing

1035 Stevenson Drive

Springfield, Illinois 62703-4259

b) The licensee shall notify OSFM in writing within 5 business days after the following events:

1. Discovery that his/her license has been lost, stolen or destroyed.

2. ATF license has expired or ATF has terminated, suspended or revoked a license or Letter of Clearance. A copy of any written notice of termination, suspension or revocation shall be sent to OSFM.

3. DNR explosives license has expired or DNR has terminated, suspended or revoked the license. A copy of any written notice of termination, suspension or revocation shall be sent to OSFM.

4. USDOT has changed the licensee's Identification Number. Proof of the licensee's new Identification Number shall be sent to OSFM.

5. USDOT has changed the licensee's Hazardous Materials Registration Number. Proof of the licensee's new registration number shall be sent to OSFM.

6. The licensee's insurance company or the licensee has changed any of its insurance coverage. A new Certificate of Insurance showing proof of not less than $1,000,000 in product liability insurance, $1,000,000 in general liability insurance and proof of Illinois Workers' Compensation insurance shall be sent to OSFM. [225 ILCS 227/35] The insurance coverage shall provide for 30 days minimum coverage prior to written notice of cancellation to OSFM and shall comply with Section 230.100(a)(4). A production company distributor licensee shall send a new Certificate of Insurance and copy of the policy showing proof of not less than $2,000,000 in general liability insurance and proof of Illinois Workers' Compensation insurance. The insurance coverage shall provide for a minimum of 30 days coverage after written notice to OSFM of cancellation and shall comply with Section 230.100. The insurer shall not cancel the insured's coverage or remove an additional insured from the policy coverage without notifying OSFM in writing at least 15 days before cancellation. [225 ILCS 227/35]

7. A distributor licensee or production company licensee has changed its officers. A sworn statement listing all of the distributor's current officers' names and personal addresses, and copies of each officer's driver's license, shall be sent to OSFM.

8. A distributor licensee or production company licensee no longer employs a lead operator. The distributor licensee or production company licensee shall provide OSFM with the full name and last known address of the lead operator.

c) The licensee shall notify OSFM in writing within 10 days after a change in his/her address or name. Proof that the change in address or name had been done in accordance with the law shall be sent to OSFM.

History

• Source: Amended at 34 Ill. Reg. 16524, effective October 6, 2010

41 Ill. Adm. Code 230.180 Replacement and Duplicate License

a) At any time a license has been lost, stolen or destroyed, the licensee shall notify OSFM as required in Section 230.170. Upon receipt of the written notification and the replacement license fee, OSFM will issue a replacement license.

b) At any time a license becomes worn or damaged to the extent that it is illegible in any respect, or the licensee changes his/her address or name, the license must be returned to OSFM. Upon receipt of the original license, proof of any changes necessary to maintain correct information as required in Section 230.170, and the duplicate license fee, OSFM will issue a duplicate license.

History

• Source: Amended at 34 Ill. Reg. 16524, effective October 6, 2010

41 Ill. Adm. Code 230.190 Report of Theft or Loss of Fireworks

a) A licensee shall report the theft or loss of fireworks to local law enforcement, DNR, and ATF and to OSFM, by telephone, immediately after discovery. OSFM may be reached at 217-785-0969 during normal working hours and at the Illinois Emergency Management Agency dispatch number, 800-782-7860, outside normal working hours.

b) Within 24 hours after discovery of the loss or theft, OSFM must be provided written notice that includes a complete description of the fireworks, including the manufacturer, brand name, any manufacturer marking and quantity, and a description of the circumstances surrounding the theft or loss. The written notice shall also identify local law enforcement agencies contacted by the licensee and shall be executed under penalty of perjury.

History

• Source: Amended at 34 Ill. Reg. 16524, effective October 6, 2010

41 Ill. Adm. Code 230.200 Reporting of Professional, Proximate Audience and Flame Effect Displays

a) Each licensee shall file an Illinois Display Report with OSFM within 30 days following any pyrotechnic display in which he/she acted as the lead operator. The report shall be filed on forms provided by OSFM and shall include the names and signatures of all lead operators and assistants.

b) The lead operator shall fill out the Pyrotechnic Duties Report of assistants. The Illinois Display Report shall be signed by the chief of the fire department providing fire protection to the area of display or pyrotechnic service, or his or her designee.

c) The licensee shall maintain a copy of the Illinois Display Report and also record and maintain with the report the manufacturer or type, quantity and description of the fireworks.

d) Licensee shall keep the record for a minimum of 4 years from the date of the display.

e) OSFM may require other information from the licensee relating to displays (for example, how safe was the device, how was the device used, why was this device chosen over another, what type of powder was used, etc.).

History

• Source: Amended at 34 Ill. Reg. 16524, effective October 6, 2010

41 Ill. Adm. Code 230.210 Report of Injury or Property Damage

a) The licensee shall notify OSFM immediately after the following incident:

1. A fire;

2. An injury to any person resulting from the display; or

3. Damage to property in excess of $500, in the aggregate, resulting from the display.

b) OSFM may be reached at 217-785-0969 during normal working hours and at the Illinois Emergency Management Agency dispatch number, 800-782-7860, outside normal working hours.

c) The licensee shall submit a written report to OSFM within 3 days following a fireworks display conducted by the licensee if any of the following occurred:

1. Any of the incidents identified in subsection (a); or

2. Whenever an unsafe or defective pyrotechnic product or equipment was used or observed.

d) OSFM may require other information from the licensee relating to fireworks displays.

e) All pyrotechnic materials must be stored in accordance with regulations following personal injury, property damage in excess of $500 or a fire until an investigation has been completed by OSFM.

History

• Source: Amended at 34 Ill. Reg. 16524, effective October 6, 2010

41 Ill. Adm. Code 230.220 Inspections

a) A licensee shall make all records required pursuant to Sections 230.190, 230.200 and 230.210 available to authorized representatives of OSFM or the local governmental agency having jurisdiction.

b) A licensee shall permit the display site and licensee's facility to be inspected at all reasonable times by representatives of OSFM or the local governmental agency.

History

• Source: Amended at 34 Ill. Reg. 16524, effective October 6, 2010

41 Ill. Adm. Code 230.230 Immediate Suspension

a) OSFM shall issue an order immediately suspending the license whenever OSFM finds, based upon reasonable belief from on-site observation, record inspection by OSFM personnel, information received from law enforcement personnel or information received from the public, that a licensee:

1. Permitted a person to act as an assistant who did not meet the requirements of Section 230.130;

2. Permitted a lead operator to work for a production company under a license previously issued to a separate production company;

3. Violated the Act, this Part or compliance standard that may cause death or serious injury; or

4. Participated in an unsafe or illegal act or acts pertaining to pyrotechnics in such a manner that the licensee's continued operations constitute a danger to the public.

b) OSFM shall serve its order of immediate suspension of a license under this Section by personal service. The order shall also be sent by certified mail to the licensee's last known address.

c) OSFM shall serve with the order of immediate suspension a notice containing the information set forth in subsection (a).

History

• Source: Amended at 35 Ill. Reg. 15064, effective September 1, 2011

41 Ill. Adm. Code 230.240 Administrative Actions

Failure to comply with the Act and this Part may subject a licensee to administrative action, including, but not limited to, revocation, suspension, probation, or refusal to issue or renew a license.

41 Ill. Adm. Code 230.250 Appeal of an Administrative Action

a) Any person aggrieved by a decision, order or ruling of OSFM may, as a matter of right, appeal that action.

b) All appeal requests shall:

1. Be in writing;

2. Contain an address and telephone number where the appellant may be notified of the time and place of the hearing; and

3. Set forth the reasons why the action of OSFM should be reversed or modified.

c) Appeals from a decision, order or ruling of the State Fire Marshal or his/her designees shall be instituted by filing a written request for a hearing no later than 10 days following receipt of the notice of the action. Requests will be deemed to be timely if they are postmarked no later than the time period allowed.

d) The appeal request shall be mailed to:

Office of the State Fire Marshal

1035 Stevenson Drive

Springfield, Illinois 62703-4259

History

• Source: Amended at 34 Ill. Reg. 16524, effective October 6, 2010

41 Ill. Adm. Code 230.260 Modifications to Nfpa 1126

NFPA 1126, Use of Pyrotechnics Before a Proximate Audience, is modified to include the following additional requirements:

a) Definitions for use in this Section:

"Loading" refers to preparing or mixing for use pyrotechnic material.

"Mixing room" means the room within the facility used for mixing or loading of pyrotechnic materials. The room shall be secure and shall be proximate to the display area.

b) The following are additions to the requirements of Chapter 5 (Storage of Pyrotechnic Materials and Devices):

1. At any time pyrotechnic materials are stored within the facility, they must be stored in the on-site storage magazine that must be, at minimum, a Type 3 Storage "Day Box" that complies with the requirements set forth by ATF and/or DNR (62 Ill. Adm. Code 200.700) for Type 3 magazines. The magazine shall be located in the mixing room.

2. All pyrotechnic material in the lead operator's possession, when not in use or being loaded, must be stored in the magazine.

3. The mixing room shall be placarded with a "1.4G" USDOT standard placard and a "No Smoking" placard that is 8½" x 11" with 1" lettering.

4. At least one approved 2½ gallon pressurized water fire extinguisher shall be located within 10' of the mixing room and the door shall be locked when not attended. The lead operator shall have a key to the room.

5. The mixing room shall not have carpeting on the floor.

c) In addition to the requirements of Chapter 8.1 (General Fire Protection), at least 4 pressurized water or pump extinguishers shall be readily available for use (with the manufacturer's instructions).

d) The following are additions to the requirements of Chapter 8.2 (Firing Prerequisites):

1. At no time shall the path of a rocket or grid rocket pass directly over an audience in its travel.

2. All temporary suspended truss components, whether supported from the ground or from a building's ceiling, shall have either a steel aircraft cable 3/8" galvanized wire rope safety backup protecting standard polyester spansets (polyester roundslings) or use GACflexä wire rope soft sling to attach truss to the chain motor.

e) Section 8.3.6 of Chapter 8.3 (Firing Safeguards) is deleted in its entirety and replaced with the following:

1. Warning signal lights must be used to indicate the impending firing of a concussion special effect. The warning signal lights shall be located at least 25' from the concussion effect but within a distance to warn working personnel and other individuals of the impending concussion effect firing.

2. Warning signs shall be posted backstage and onstage by the warning light to indicate the purpose of the warning signal lights.

f) In addition to the requirements of Chapter 8.3 (Firing Safeguards), prior to commencement of the live entertainment, an announcement to the patrons of the licensed premises must be made to inform the patrons of the locations of exits and fire escapes at the licensed premises.

g) Section 8.5.7 of Chapter 8.5 (Safety Precautions) is deleted in its entirety and replaced with the following:

The lead operator and assistants shall wear safety glasses and clothing made of cotton during the preparation and loading of the pyrotechnic devices.

41 Ill. Adm. Code 230.270 Modifications to Nfpa 160

NFPA 160, Flame Effects Before an Audience, is modified to include the following additional requirements:

a) Definitions for use in this Section:

"Armed" means confirmation of ignition source.

"Arming" means the key is in the on position, sending a signal to the FSU to light pilot for flame verification.

"Enable" means the system has power, safety valve open, accumulator charging/propane lines charging.

"ESSV" means Electronic Solenoid Safety Valve.

"FSU" means the Flame Safety Unit, a UL-Approved device to confirm an ignition source.

"Fuel tank" means the tank containing propane.

"Torch" means a gas flame effect no higher than 8" continuously burning, Group I effect.

b) The following are additions to the requirements of Chapter 7 (Use of Flame Effects):

1. There shall be a horizontal clearance of at least 10' between the effect and any overhead obstructions.

2. There shall be a horizontal clearance of at least 10' from any spotlight operator.

3. All temporary suspended truss components, whether supported from the ground or from a building's ceiling, shall have either a steel aircraft cable 3/8" galvanized wire rope safety backup protecting standard polyester spansets (polyester roundslings) or use GACflexä wire rope soft sling to attach truss to the chain motor.

c) The following Sections of Chapter 9 (System Components, Flame Effects Control Systems, and Design) are deleted in their entirety and replaced as follows:

9.1.1. All flame effect control systems shall be designed and installed to prevent accidental firing and unintentional release of fuel. All firing systems must have at least one key safety interlock and that key should be with the Flame Operator when the unit is not in use.

9.3.2.2. The amount of fuels that are supplied to the flame effects shall be limited to that amount necessary for operation.

9.3.3. All flame effect control systems shall be manually and automatically enabled according to a prescribed sequence of operations outlined in the plan, which prepares the flame effect for subsequent arming and firing.

9.3.4. The arming of the effect shall be manually and automatically monitored and confirmed until the effect is fired.

d) The following are additions to the requirements of Chapter 9 (System Components, Flame Effects Control Systems, and Design):

1. The maximum fuel tank size allowed inside a building or facility is 20 lbs.

2. Hoses shall be located and protected to minimize exposure to physical damage or exposure to abnormally high temperatures, such as temperatures that might result from exposure to convection or radiation from heating equipment. Hoses shall be free from cuts or defects. Identified cuts or defects shall not be repaired. Defective or cut hoses shall be replaced. Hose that is exposed to moisture shall be constructed of noncorrosive materials or shall be protected against external corrosion.

3. The hose, at no time, shall extend through the audience or seating area.

4. The hose shall not extend from one room to another or pass through any partitions, walls, ceilings, or floors.

5. If more than one such cylinder is located in a room, the cylinders shall be separated by at least 20'.

6. All system components, including but not limited to hoses and connectors, shall be listed for their intended use and compatible with the products they contain.

7. Any accumulators or hose shall be purged of all fuel prior to removal from its location.

8. Appendices A and B of this Part are added to provide for the minimum layout of propane flame effect devices.

9. All flame effect displays allowed before an audience are limited to Group V or Group VI control systems.

e) The following are additions to the requirements of Chapter 11 (Fire Protection Provisions):

1. At least 4 pressurized water or pump extinguishers shall be readily available for use (with the manufacturer's instructions).

2. Prior to commencement of the live entertainment, an announcement to the patrons of the licensed premises must be made to inform the patrons of the locations of exits and fire escapes at the licensed premises.

41 Ill. Adm. Code 230.280 Criminal History Investigation

a) The applicant shall submit with his or her application a fingerprint card, using one of the methods identified in subsection (b) or (c) to enable ISP to conduct a criminal history check on the applicant. [225 ILCS 227/40]

b) An applicant may submit his/her fingerprints electronically to ISP through a certified Livescan vendor. The applicant must notify the Livescan vendor that the Purpose Code for the criminal history check is PDA, and the ORI number for OSFM is IL920690Z. When the Livescan vendor transmits the applicant's fingerprints to ISP, the Livescan vendor will collect the fee specified by ISP for processing fingerprint cards through the ISP and FBI criminal history record files and any additional processing fee charged by the Livescan vendor.

c) In the event the applicant cannot submit his/her fingerprints through electronic means, he/she must obtain a Fee Applicant Card from ISP. An applicant may telephone the ISP Supply Room, 815-740-5160, listen to the automated attendant and select Customer Support. Because the Fee Applicant Card has a unique Transaction Control Number assigned to it, which ISP uses to process the criminal history check, fingerprint cards from other jurisdictions will not be accepted. Once completed, the applicant should mail the Fee Applicant Card directly to ISP at the address shown on the card, with the required processing fee described in subsection (d).

d) An applicant who submits his/her fingerprints directly to ISP on a Fee Applicant Card shall pay the fee specified by ISP for processing fingerprint cards through the ISP criminal history record files (see 20 Ill. Adm. Code 1215.50) and through the FBI criminal history record files. The ISP required processing fee may be made payable to the State Police Services Fund and shall be remitted to ISP for deposit into that Fund (see 225 ILCS 227/40).

e) If an applicant is a business entity, all officers of the applicant shall submit a fingerprint card for a criminal history investigation in the form and manner identified in this Section.

History

• Source: Amended at 34 Ill. Reg. 16524, effective October 6, 2010

41 Ill. Adm. Code 230.290 Music Entertainment Pyrotechnics Task Force

The Music Entertainment Task Force is established to study pyrotechnic displays and pyrotechnic services in the indoor and outdoor music industry in the State.

a) The Task Force shall consist of five members.

1. The Speaker of the House of Representatives shall appoint two members.

2. The Minority Leader of the House of Representatives shall appoint two members.

3. OSFM shall appoint one member.

b) The Task Force members shall serve without salary.

c) The Task Force will meet as necessary.

d) OSFM will provide all staffing and administrative support for the Task Force.

e) The findings of the Task Force shall be reported to the House of Representatives by filing copies of the report with the Clerk of the House of Representatives no later than January 1, 2011.

History

• Source: Added at 34 Ill. Reg. 16524, effective October 6, 2010

41 Ill. Adm. Code 230.APPENDIX A Propane Flow Diagram: Standard with No Accumulator

Pilot Pressure Regulator

Safety Pilot Valve

Supply Fuel Inlet

N/C

Supply Gas Inlet

Manual Shutoff Valve

Safety

Shutoff

Valve

Safety Effects Valve

Igniter

N/C

N/C

Effect

Burner

Propane nuts to be of the self sealing type or a manual shutoff valve to prevent fuel backflow

Pilot Flame Sensing Element

41 Ill. Adm. Code 230.APPENDIX B Propane Flow Diagram: Standard with Accumulator

Pilot Pressure Regulator

Safety Pilot Valve

Supply Gas Inlet

N/C

Supply Gas Inlet

Manual Shutoff Valve

Gas

Pressure Regulator

Safety Shutoff Valve

Accumulator Charge

Valve

Pressure Relief

Valve

Safety Effects Valve

Igniter

N/C

N/C

N/C

Effect

Burner

Propane nuts to be of the self sealing type or a manual shutoff valve to prevent fuel backflow

Pilot Flame Sensing Element

Part 235 Pyrotechnic and Consumer Display Permitting Rules

41 Ill. Adm. Code 235.10 Scope

This Part implements the pyrotechnic display and consumer fireworks display permitting requirements and applies to all pyrotechnic displays and consumer fireworks displays in this State, including displays using display fireworks, 1.3G fireworks, special effects fireworks, flame effects, and consumer fireworks. This Part is intended to supplement the requirements of any federal, State or local laws and regulations governing the safety, setup, discharge and supervision of pyrotechnic displays and consumer fireworks displays, but shall be construed, wherever possible, to avoid conflicting or duplicative requirements. In the event of a conflict between this Part and the laws and rules enforced by agencies of the federal government, including the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Occupational Safety and Health Administration, the laws and rules enforced by agencies of the federal government shall control. However, provisions of this Part shall not be deemed to be in conflict with federal requirements on the basis that they are more specific than, more stringent than or impose requirements for which no like requirements are contained in, laws and rules enforced by the federal government. Further, should there be a conflict between this Part and the laws and rules enforced by the local governmental agency, this Part shall control to the extent that provisions of this Part are more specific than, or more stringent than, or impose requirements for which no like requirements are contained in, laws and rules enforced by local governments.

41 Ill. Adm. Code 235.20 Definitions

For purposes of this Part, the term:

"1.3G fireworks" means those fireworks that are used for professional outdoor displays and classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation (USDOT) under 49 CFR 172.101. [425 ILCS 35/1] USDOT assigns the following division numbers to the above-referenced fireworks identification numbers: UN0333 (1.1G), UN0334 (1.2G), and UN0335 (1.3G). (See 49 CFR 172.101.)

"Act" means the Pyrotechnic Use Act [425 ILCS 35].

"Applicant" means the individual who is applying for a pyrotechnic or consumer display permit.

"Assistant" means an on-site individual who is at least 18 years of age and who, under the supervision of the lead operator, assists with the safety, setup and discharge of a pyrotechnic display.

"ATF" means the federal Bureau of Alcohol, Tobacco, Firearms and Explosives.

"Certificate of training" means the consumer operator has successfully completed training on the safe handling of consumer fireworks from a training program approved by the Office of the State Fire Marshal.

"Consumer distributor" means any person who distributes, offers for sale, sells, or exchanges for consideration consumer fireworks in Illinois to another distributor or directly to any retailer or person for resale. [425 ILCS 35/1]

"Consumer fireworks" means those fireworks that must comply with the construction, chemical composition, and labeling regulations of the U.S. Consumer Products Safety Commission, as set forth in 16 CFR 1500 and 1507, and classified as fireworks UN0336 or UN0337 by USDOT under 49 CFR 172.101. "Consumer fireworks" shall not include snake or glow worm pellets; smoke devices; trick noisemakers known as "party poppers", "booby traps", "snappers", "trick matches", "cigarette loads", and "auto burglar alarms"; hand-held wire sparklers; toy pistols, toy canes, toy guns, or other devices in which paper or plastic caps containing .25 grains or less of explosive compound are used, provided they are so constructed that the hand cannot come in contact with the cap when in place for the explosion; and toy pistol paper or plastic caps that contain less than .20 grains of explosive mixture; the sale and use of which shall be permitted at all times. [425 ILCS 35/1] USDOT assigns the following division numbers to the above-referenced fireworks identification numbers: UN0336 (1.4G) and UN0337 (1.4S). (See 49 CFR 172.101.)

"Consumer fireworks display" or "consumer display" means the detonation, ignition, or deflagration of consumer fireworks to produce a visual or audible effect. [425 ILCS 35/1]

"Consumer operator" means an adult individual who is responsible for the safety, setup, and discharge of the consumer fireworks display and who has completed the training required in Section 2.2 of the Act. [425 ILCS 35/1]

"Consumer retailer" means any person who offers for sale, sells, or exchanges for consideration consumer fireworks in Illinois directly to any person with a consumer display permit. [425 ILCS 35/1]

"Display fireworks" means any substance or article defined as a Division 1.3G explosive or special effects fireworks or as further defined in the Pyrotechnic Distributor and Operator Licensing Act. [425 ILCS 35/1]

"DNR" means the Illinois Department of Natural Resources.

"Fire chief of the local jurisdiction" means the chief of the fire department providing fire protection coverage to the area of display, or his/her designee when expressly provided in the Act.

"Flame effect" means the detonation, ignition, or deflagration of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether admission is charged, in accordance with NFPA 160 guidelines, and as may be further defined in the Pyrotechnic Distributor and Operator Licensing Act. [425 ILCS 35/1]

"Lead pyrotechnic operator" means an individual who is responsible for the safety, setup, and discharge of the pyrotechnic display, who is responsible for the supervision of personnel at the pyrotechnic display, and who is licensed pursuant to the Pyrotechnic Distributor and Operator Licensing Act. [425 ILCS 35/1]

"License" means the license issued by OSFM pursuant to the Pyrotechnic Distributor and Operating Licensing Rules.

"Local governmental authority" means the appropriate city councils in cities, the president and board of trustees in villages and incorporated towns, and outside the corporate limits of cities, villages and incorporated towns, the county board.

"NFPA" means the National Fire Protection Association, a nationally recognized standards-making organization.

"Officer" means:

if the applicant is a political subdivision of the State, an appointed or elected official; or

if the business is a sole proprietorship, the owner of the business or any person exercising managerial control; or

if the business is a partnership, any partner who has at least 10% ownership interest or any person exercising managerial control; or

if the business is a corporation, any officer or director of the corporation, any person who has at least 10% ownership interest in the corporation, or any person exercising managerial control.

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

"Person" means an individual, firm, corporation, association, partnership, company, consortium, joint venture, commercial entity, state, municipality, or political subdivision of a state, or any agency, department, or instrumentality of the United States and any officer, agent, or employee of these entities. [225 ILCS 227/5]

"Production company" means any person in the film, digital and video media, television, commercial, and theatrical stage industry who provides pyrotechnic services or pyrotechnic display services as part of a film, digital and video media, television, commercial, or theatrical production in the State of Illinois and is licensed by OSFM pursuant to the Pyrotechnic Distributor and Operator Licensing Act. [425 ILCS 35/1]

"Proscenium curtain" means the curtain covering the opening of the stage that is constructed and mounted in a manner that intercepts hot gases, flames and smoke and that prevents flame from a fire on the stage from becoming visible from the auditorium side.

"Pyrotechnic display" means the detonation, ignition, or deflagration of display fireworks or flame effects to produce visual or audible effects of an exhibitional nature before the public, invitees, or licensees, regardless of whether admission is charged. [425 ILCS 35/1]

"Pyrotechnic distributor" means any person, who distributes display fireworks for sale in the State of Illinois or provides them as part of a pyrotechnic display service in the State of Illinois or provides only pyrotechnic services and is licensed by OSFM pursuant to the Pyrotechnic Distributor and Operator Licensing Act. [425 ILCS 35/1]

"Pyrotechnic service" means the detonation, ignition or deflagration of display fireworks, special effects or flame effects to produce a visual or audible effect. [425 ILCS 35/1]

"Special effects fireworks" means pyrotechnic devices used for special effects by professionals in the performing arts in conjunction with theatrical, musical, or other productions that are similar to consumer fireworks in chemical compositions and construction, but are not intended for consumer use and are not labeled as such and must be identified as "intended for indoor use". Special effects fireworks are classified as fireworks UN0431 or UN0432 by the USDOT under 49 CFR 172.101. [425 ILCS 35/1] USDOT assigns the following division numbers to the above-referenced pyrotechnic article identification numbers: UN0431 (1.4G) and UN0432 (1.4S). (See 49 CFR 172.101.)

"USDOT" means the United States Department of Transportation.

History

• Source: Amended at 34 Ill. Reg. 16562, effective October 6, 2010

41 Ill. Adm. Code 235.25 Incorporated and Referenced Materials

a) The following national regulations and standards are incorporated in this Part:

1. National Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts 02169-7471:

A) NFPA 101, Section 12.3.5, Exception 4, Life Safety Code (2000)

B) NFPA 140, Standard on Motion Picture and Television Production Studio Soundstages, Approved Production Facilities, and Production Locations (2008)

B) NFPA 160, Standard for the Use of Flame Effects Before an Audience (2006)

C) NFPA 1123, Code for Fireworks Display (2006)

D) NFPA 1126, Standard for the Use of Pyrotechnics Before a Proximate Audience (2006)

2. Federal Regulations

A) ATF

27 CFR 555, Commerce in Explosives (2006)

B) Consumer Product Safety Commission

i) 16 CFR 1500, Hazardous Substance and Articles; Administration and Enforcement Regulations

ii) 16 CRF 1507, Fireworks Devices

C) USDOT

49 CFR 172.101, Purpose and Use of Hazardous Materials Table (2005)

b) All incorporations by reference of NFPA standards and federal regulations refer to the standards and regulations on the date specified and do not include any amendments or editions subsequent to the date specified.

c) The following Illinois statutes and regulations are referenced in this Part:

1. Statutes

A) Pyrotechnic Use Act [425 ILCS 35]

B) Pyrotechnic Distributor and Operator Licensing Act [225 ILCS 227]

C) Illinois Explosive Act [225 ILCS 210]

State Regulations

A) Office of the State Fire Marshal

Pyrotechnic Distributor and Operating Licensing Rules (41 Ill. Adm. Code 230)

B) Department of Natural Resources

The Illinois Explosives Act (62 Ill. Adm. Code 200)

C) Department of Central Management Services

Travel (80 Ill. Adm. Code 2800)

History

• Source: Amended at 34 Ill. Reg. 16562, effective October 6, 2010

41 Ill. Adm. Code 235.30 General Requirements for All Pyrotechnic Displays and Consumer Fireworks Displays

a) All pyrotechnic displays, pyrotechnic services or consumer fireworks displays require a permit issued by the appropriate local governmental authority in accordance with the Act and this Part.

b) All pyrotechnic displays or pyrotechnic services require the services of a licensed pyrotechnic distributor or licensed production company and a licensed lead pyrotechnic operator employed by a licensed pyrotechnic distributor or a licensed production company in accordance with this Part.

c) A licensed lead pyrotechnic operator shall be present during any pyrotechnic display or pyrotechnic services and shall personally supervise all assistants, including all phases of the pyrotechnic display.

d) All consumer fireworks displays must be personally supervised by a consumer operator.

e) The fire chief of the local jurisdiction must inspect and approve the display site for all pyrotechnic displays, pyrotechnic services or consumer fireworks displays to ensure that the site is safe to conduct a display or perform the services.

History

• Source: Amended at 34 Ill. Reg. 16562, effective October 6, 2010

41 Ill. Adm. Code 235.40 Pyrotechnic Display Permit Requirements

a) The local governmental authority may issue a pyrotechnic display permit to any adult applicant who meets the following minimum requirements:

1. Proof of License. The issuing local governmental authority must verify that the pyrotechnic display services or pyrotechnic services are provided by a licensed pyrotechnic distributor or licensed production company and that the individual responsible for the setup and firing of the display is a licensed lead pyrotechnic operator for the licensed distributor or licensed production company to whom the permit is issued.

2. Proof of Insurance. The local governmental authority issuing the permit shall require proof of liability insurance in a sum not less than $1,000,000 [425 ILCS 35/2.1]. The insurance shall be carried with an insurer authorized to do business in Illinois and shall insure the applicant against liabilities, judgments, costs, damages, and expenses that may accrue against, be charged to, or be recovered from the applicant on the reason of damage to property or injury to or death of any person arising from the pyrotechnic display, pyrotechnic service or flame effect display. The insurance coverage shall be an occurrence based policy and it shall cover all periods of time when pyrotechnic materials, including flame effect materials, are in the insured's actual or constructive possession, including those times when the materials are being stored, transported, handled, used, discharged and displayed.

3. Fire Chief Approval. The fire chief of the local jurisdiction must have inspected the site and determined that the display or pyrotechnic service can be performed in full compliance with Sections 235.50 and 235.60 and that the display or pyrotechnic service shall not be hazardous to property or endanger any person or persons. [425 ILCS 35/2.1]

b) Time Frame to Apply. The applicant must submit a written application for a permit at least 15 days in advance of the date of the pyrotechnic display or pyrotechnic service, unless agreed to otherwise by the local jurisdiction issuing the permit and the fire chief of the jurisdiction in which the display or pyrotechnic service will occur. [425 ILCS 35/2.1]

c) No Permit Required. No permit shall be required for supervised public displays by State or County Fair Associations. [425 ILCS 35/2.1]

d) Age of Assistants. The issuing local governmental authority must verify that all assistants will be at least 18 years of age. In accordance with Section 2001 of the Illinois Explosives Act, no person shall possess, use, purchase or transfer explosive materials unless at least 21 years of age and licensed by DNR, except as otherwise provided by the Illinois Explosives Act and the Pyrotechnic Distributor and Operator Licensing Act.

e) Identification and Signatures Required on the Permit. Each pyrotechnic display or pyrotechnic service permit must identify the lead pyrotechnic operator and must contain the signature of the issuing officer for the local governmental authority and the fire chief.

f) After a permit has been granted, sales, possession, use, and distribution of display fireworks for the display or pyrotechnic service shall be lawful for that purpose only. No permit shall be transferable. [425 ILCS 35/2.1]

History

• Source: Amended at 34 Ill. Reg. 16562, effective October 6, 2010

41 Ill. Adm. Code 235.50 1.3g Fireworks Display Compliance Standards

All 1.3G fireworks displays and storage shall be conducted in accordance with NFPA 1123. Storage of display fireworks (1.3G and above) shall comply with the storage requirements set forth by ATF at 27 CFR 555 or by DNR pursuant to Article 3 of the Illinois Explosive Act. Should there be a conflict between the requirements established by ATF and DNR, those requirements that are more specific, more stringent, or impose requirements for which no like requirements are contained in the other agency's requirements shall control.

History

• Source: Amended at 34 Ill. Reg. 16562, effective October 6, 2010

41 Ill. Adm. Code 235.60 Indoor Special Effects Fireworks and Flame Effect Display Compliance Standards

a) All indoor special effects, flame effect displays and pyrotechnic services and storage shall be conducted in accordance with:

1. NFPA 1126, as modified by 41 Ill. Adm. Code 230.260;

2. NFPA 160, as modified by 41 Ill. Adm. Code 230.270; and/or

3. NFPA 140.

b) The building in which the display or pyrotechnic service will occur must meet one of the following requirements:

1. The building must be protected throughout, including both the seating area and stage, by an automatic sprinkler system; or

2. The stage must be protected by an automatic sprinkler system and have a proscenium curtain, as required by NFPA 101, that will automatically deploy in the event of a fire. No special effects fireworks device and/or flame effect device may be set up on the stage forward of the curtain, i.e., on the audience side of the curtain; or

3. In stadia and arenas without automatic sprinkler system protection over the floor area used for contest, performance, or entertainment; over the seating areas; or over open-air concourses where, as required by NFPA 101, Section 12.3.5, Exception 4, an approved engineering analysis substantiated the ineffectiveness of the sprinkler protection due to building height and combustible loading. In the event a display will occur in a stadium or arena that does not have an automatic sprinkler system protecting the floor area used for contest, performance or entertainment, the seating areas or the open-air concourses, the applicant shall submit, to the local governmental authority and to the fire chief of the local jurisdiction or his/her designee, a written engineering analysis prepared by a licensed professional engineer and the written permission of the building owner.

c) At any time pyrotechnic materials are on-site, they must be stored in the on-site storage magazine that must be, at minimum, a Type 3 Storage "Day Box" that complies with ATF and DNR (62 Ill. Adm. Code 200.700) requirements for Type 3 magazines.

d) Each local governmental authority that intends to approve permits for indoor special effects displays, indoor flame effect displays or pyrotechnic services must have at least one inspector who is knowledgeable about NFPA 140, 160 and 1126 and who has received training from OSFM in the safe setup of special fireworks and/or flame effect devices and the inspection of those displays.

e) At least one inspector from the local jurisdiction must be present during the actual display or pyrotechnic service in a building that meets the requirements of subsection (b)(1). A minimum of one inspector and one member of the local fire service must be present during the actual display or pyrotechnic service in a building that meets the requirements of subsections (b)(2) and (b)(3). During the event, the inspector shall be in the immediate area of the lead pyrotechnic operator and the member of the local fire service shall be on the audience side of the proscenium curtain. In the event the show is of a repetitive nature and will be performed more than 3 times, continued stand-by of the inspector and the member of the local fire service after the third performance is at the fire chief's discretion. In the event the performance of the display is modified in a manner that affects the location or timing of the effects or the materials and/or products being used, then the inspector must be present during the initial 3 performances of the modified display.

f) Each inspector or member of the local fire service assigned in subsection (e) must have working knowledge of the supplemental fixed or portable fire fighting equipment located at the display area and have a radio for direct communication in an emergency. They shall also be knowledgeable about crowd management and how to evacuate the building.

g) At the time an individual applies for an indoor pyrotechnic permit from the local jurisdiction, written notice of the permit application and the indoor display or pyrotechnic service information shall be made in writing at least 15 days in advance of the date of the pyrotechnic display or pyrotechnic service to OSFM unless agreed to otherwise by OSFM. [425 ILCS 35/2.1]

h) Permits shall be signed by the chief of the fire department providing fire protection to the area of display or pyrotechnic service, or his or her designee, and must identify the licensed pyrotechnic distributor or licensed production company and the lead pyrotechnic operator. [425 ILCS 35/2.1]

History

• Source: Amended at 34 Ill. Reg. 16562, effective October 6, 2010

41 Ill. Adm. Code 235.70 Possession of License by Lead Pyrotechnic Operator

The lead pyrotechnic operator must be in possession of, and be able to produce, his/her license (see 41 Ill. Adm. Code 230) upon request at all times during the delivery, setup, and performance of the display or pyrotechnic service.

History

• Source: Amended at 34 Ill. Reg. 16562, effective October 6, 2010

41 Ill. Adm. Code 235.80 Consumer Operator Training

a) OSFM shall develop consumer fireworks training materials and related documents designed to instruct a person about the standards relating to safe practices for the storage, use, handling, discharge and display of consumer fireworks.

b) OSFM shall offer training classes periodically during the year, depending on demand, to individuals who a local governmental authority designates its Consumer Fireworks Trainer. OSFM has the authority to charge a reasonable fee for this training and the related materials and documents. Upon completion of the class, the Consumer Fireworks Trainer will receive a certificate, valid for two years, that permits him/her to conduct consumer fireworks training classes in his/her jurisdiction. The Consumer Fireworks Trainer will also receive training materials and related documents from OSFM to use when training consumer operators.

c) Local governmental authorities may only offer consumer fireworks training classes if their Consumer Fireworks Trainers have valid training certificates from OSFM.

d) All consumer operators must successfully complete a consumer fireworks training class approved by OSFM. The local governmental authority from which a consumer operator seeks a Consumer Operator Display Permit shall offer this class. The local governmental authority may charge a fee for such a class, not to exceed the reasonable costs of providing the class. Upon completion of the class, the consumer operator will receive a certificate of completion that is valid for one year.

History

• Source: Amended at 34 Ill. Reg. 16562, effective October 6, 2010

41 Ill. Adm. Code 235.90 Consumer Fireworks Display Permit Requirements

a) The local governmental authority may issue a consumer fireworks display permit to any competent adult applicant who meets the following minimum requirements:

1. Certificate of Training. The applicant must provide the issuing local governmental authority his/her certificate of training as evidence of successful completion of a consumer fireworks training class approved by OSFM. If an applicant holds a valid Lead Pyrotechnic Operator License for Outdoor Pyrotechnic Displays, he/she may provide a copy of his/her license to the local governmental authority as an alternative certificate of training.

2. Fire Chief Approval. The fire chief of the local jurisdiction must have inspected the site and determined that the display can be performed in full compliance with Section 235.100.

b) Time Frame to Apply. The applicant must submit a written application for a permit at least 15 days in advance of the date of the display, unless agreed to otherwise by the local jurisdiction issuing the permit and the fire chief of the jurisdiction in which the display will occur. [425 ILCS 35/3.1]

c) After a permit has been granted, sales, possession, use, and distribution of consumer fireworks for display shall be lawful for that purpose only. No permit shall be transferable to another individual. [425 ILCS 35/2.2]

d) Signatures Required on the Permit. Each consumer display permit must contain the signature of the issuing officer for the local governmental authority and the fire chief.

e) Assistants. If a consumer operator uses assistants at the display site, each assistant shall have successfully completed a consumer fireworks training class approved by OSFM and must provide proof of his/her valid certificate of training to the local governmental authority prior to issuance of the permit.

History

• Source: Amended at 34 Ill. Reg. 16562, effective October 6, 2010

41 Ill. Adm. Code 235.100 Consumer Fireworks Display Compliance Standards

All outdoor consumer displays shall be conducted in accordance with the following minimum requirements:

a) The location at which the consumer fireworks display will be detonated must be at least 200 feet, in all directions, away from any spectators, buildings, structures, or property lines, and must be free of any overhead obstructions.

b) A fire extinguisher or water hose or buckets of water, sand and a shovel must be present while consumer fireworks are being prepared for firing, fired, and at all times after the display until all duds, misfires, and unused product have been properly disposed of and until the consumer operator has determined that fallout from the display does not pose a risk of fire.

c) Consumer operators shall only possess, use or explode approved consumer fireworks. Consumer fireworks must be stored in a ready box, made of wood or metal, at all times. The ready box must be covered at all times, including during the discharge of a firework at the discharge site to prevent the accidental discharge of stored fireworks from fallout.

d) The consumer operator must be in possession of and be able to produce his/her consumer fireworks display permit and certificate of training at all times he/she is present at the display site. If the consumer operator uses assistants, those assistants must be in possession of, and be able to produce, their certificates of training at all times they are present at the display site.

History

• Source: Amended at 34 Ill. Reg. 16562, effective October 6, 2010

41 Ill. Adm. Code 235.110 Consumer Distributors and Retailers

a) Prior to distributing, selling, transferring or providing free of charge any consumer fireworks, consumer distributors and consumer retailers shall require an individual to provide proof that he/she has been issued a permit in accordance with Section 235.90, or that he/she has registered with OSFM as a consumer distributor or consumer retailer in accordance with this Section.

b) All consumer distributors and consumer retailers must register with OSFM before distributing, selling, offering for sale, exchanging for consideration, transferring or providing free of charge consumer fireworks in the State of Illinois and before advertising or using any title implying that the person is a consumer distributor or retailer. The applicant shall register on forms provided by OSFM that shall include:

1. The name and address of the business. 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.

2. The names, telephone numbers, and personal addresses of all owners or officers of the registering business, including a copy of each person's driver's license or other governmental identification that includes the date of birth and photograph.

3. If the business operates under an assumed name, a copy of the assumed name certificate.

4. The address of each location from which consumer fireworks will be distributed or retailed.

5. The applicant's taxpayer identification number and proof of payment of taxes to the Illinois Department of Revenue (DOR). If the applicant does not pay taxes to DOR, the applicant shall submit a statement, sworn to under penalty of perjury, from the applicant or its tax preparer identifying why taxes are not paid.

6. The fee of $50 shall be payable by check to the Office of the State Fire Marshal for each location.

7. A copy of the letter or permit issued by the local governmental authority authorizing the applicant to distribute, sell, offer for sale, exchange for consideration, transfer or provide free of charge consumer fireworks at the locations identified in subsection (b)(4).

c) OSFM shall issue a registration to transfer, provide, distribute and/or sell consumer fireworks or shall notify the applicant of the reason for the denial of registration.

d) Registration shall permit the consumer distributor or consumer retailer to transfer, provide, distribute and/or sell consumer fireworks in Illinois for the calendar year in which registered.

e) The consumer distributor or consumer retailer shall register each location from which it distributes or retails consumer fireworks separately.

f) The registrant shall notify OSFM in writing within 10 business days after the change in any of the information it provided to OSFM to obtain registration. Proof that a change in name or address has been done in accordance with the law shall be sent to OSFM, including copies of new assumed name certificates. In the event a business has changed its officers, a sworn statement listing all of the current officers' names and personal addresses, including copies of each officer's driver's license, shall be sent to OSFM.

g) No person may sell to a single individual a quantity of consumer fireworks exceeding 499 pounds without prior approval by OSFM. [425 ILCS 35/2.3] Requests for such approval shall be submitted in writing to OSFM.

h) OSFM will not accept any applications to register a consumer distributor or retailer or for a new location after June 15 for the current July 4th season.

History

• Source: Amended at 34 Ill. Reg. 16562, effective October 6, 2010

41 Ill. Adm. Code 235.120 Forms

All applications, permits, and site inspection records shall be on forms approved by OSFM.

History

• Source: Amended at 34 Ill. Reg. 16562, effective October 6, 2010

41 Ill. Adm. Code 235.130 List of Approved Consumer Fireworks

a) OSFM will maintain a list of approved consumer fireworks. The list will be updated annually or as new consumer fireworks items are submitted to OSFM for approval by consumer distributors.

b) The items placed on the list for distribution will be those that the Consumer Fireworks Review Committee has approved for consumer use.

c) The criteria for allowing any particular type of pyrotechnic device (not by name) to be included on the list is based upon the following:

1. The experience or data relating to non-professional use of the type of pyrotechnic in Illinois.

2. The experience or data relating to non-professional use of the type of pyrotechnic in other states.

d) Individuals wishing to request that a particular type of firework be included or excluded from the list may submit a written request to OSFM outlining the reasoning and/or experiences behind their request.

History

• Source: Amended at 34 Ill. Reg. 16562, effective October 6, 2010

41 Ill. Adm. Code 235.140 Consumer Fireworks Review Committee

The State Fire Marshal shall appoint a review committee to review and approve the consumer fireworks that are permitted to be distributed and sold in the State.

a) The committee shall consist of the following 5 members:

1. The State Fire Marshal or his/her designee, as chair;

2. One representative from the Illinois Fire Chief's Association;

3. One representative from a fire department that has experience in pyrotechnic displays;

4. One representative from a company that distributes consumer fireworks in the State; and

5. One representative from a company that distributes display fireworks in the State.

b) Members shall serve without salary, but may receive reimbursement for reasonable expenses from OSFM from appropriations for such purposes, in accordance with 80 Ill. Adm. Code 2800.

c) All members shall have one vote and serve a term of 2 years.

d) The review committee shall approve or disapprove consumer fireworks based on a majority vote of the appointed members.

e) The time frame for review shall be dependent on the type of firework and the amount of information the committee needs to compile to order to generate a decision.

History

• Source: Amended at 34 Ill. Reg. 16562, effective October 6, 2010

41 Ill. Adm. Code 235.150 Record of Permits Issued

The local governmental authority shall maintain a copy of each display permit issued for a minimum of 4 years from the date of the display. Any reports of fire, injury, property damage, theft or loss of fireworks that are submitted to the local governmental authority shall be maintained with the copy of the display permit.

41 Ill. Adm. Code 235.160 Report of Fire, Injury, or Property Damage

a) Permit holders shall notify the local governmental authority issuing the permit within 24 hours after the following incident:

1. A fire;

2. An injury to any person resulting from the display; or

3. Damage to property in excess of $500, in the aggregate, resulting from the display.

b) The local governmental authority issuing the permit shall notify OSFM of any fire, injury to any person, or damage to property in excess of $500 that resulted from the pyrotechnic or consumer display. This notification shall be made by telephone to 217-785-0969 during normal working hours and at the Illinois Emergency Management Agency dispatch number, 800-782-7860, outside normal working hours, and in writing within 3 days after learning of the incident. Written reports shall be mailed to the Office of the State Fire Marshal, Pyrotechnic Division, 1035 Stevenson Drive, Springfield IL 62703-4259.

c) While all pyrotechnic materials must be stored in accordance with regulations adopted by ATF and DNR, all equipment must remain in place and on site following personal injury, property damage in excess of $500 or a fire until an investigation has been completed by OSFM.

History

• Source: Amended at 34 Ill. Reg. 16562, effective October 6, 2010

41 Ill. Adm. Code 235.170 Report of Theft or Loss of Fireworks

a) Licensed pyrotechnic distributors and licensed lead pyrotechnic operators shall report the theft or loss of fireworks to local law enforcement in accordance with 41 Ill. Adm. Code 230.190, DNR and ATF.

b) Consumer distributors and consumer retailers shall report the theft or loss of fireworks in excess of $150 to local law enforcement immediately. Immediately after discovery of the theft or loss, consumer distributors and consumer retailers shall provide OSFM with written notice that includes a complete description of the fireworks, including manufacturer, brand name, any manufacturer marking and quantity, and a description of the circumstances surrounding the theft or loss. The written notice shall also identify the local law enforcement agencies contacted and shall be executed under penalty of perjury.

c) Consumer operators shall immediately report the theft or loss of fireworks in excess of $150 to local law enforcement and to the local governmental authority that issued the operator a consumer display permit. Within three days after notification, the local governmental authority that issued the consumer display permit shall notify OSFM in writing of the theft or loss.

d) Written notice shall be mailed to the Office of the State Fire Marshal, Pyrotechnic Division, 1035 Stevenson Drive, Springfield IL 62703-4259.

History

• Source: Amended at 34 Ill. Reg. 16562, effective October 6, 2010

41 Ill. Adm. Code 235.180 Local Authority

Nothing in this Part shall prohibit the local governmental authority:

a) from adopting rules or standards that are more stringent than this Part; or

b) from refusing to issue a permit for any reason.

Part 251 Fire Equipment Distributor and Employee Standards

41 Ill. Adm. Code 251.10 Scope

This Part provides minimum requirements for licensed fire equipment distributors (Class A, B and C), and licensed employees (Class 1, 2 and 3), for servicing, recharging, hydro-testing, installing, repairing, replacing, maintaining or inspecting of all types of fire extinguishers and fire suppression devices or systems.

41 Ill. Adm. Code 251.20 Definitions

"Act": The Fire Equipment Distributor and Employee Regulation Act of 2000 [225 ILCS 216].

"Approved": Meeting the requirements of the Illinois State Fire Marshal's Office contained in this Part.

"Fire Equipment Distributor": Any person, company or corporation that services, recharges, hydro-tests, inspects, installs, maintains, alters, repairs, or replaces fire extinguishers and/or fire suppression devices or systems other than water sprinklers. The term does not include a person, company or corporation that only hydro-test cylinders that store extinguishment materials.

"Employee": A licensee or person who is currently employed by a distributor licensed under the Act, whose full- or part-time duties may include servicing, recharging, hydro-testing, installing, maintaining or inspecting fire extinguishers and/or fire suppression devices or systems other than water sprinkler systems.

"Engineered Fire Suppression Systems": Any detection and special agent fire suppression system requiring individual calculation and design, the components of which have been tested and listed or approved by a nationally recognized testing laboratory. The design of the system must be within the manufacturer's parameters for the fire suppression system and components to protect a specific hazard. The design shall meet the applicable fire protection codes and standards. Engineered fire suppression systems shall not include water sprinkler systems.

"License" or "Licensed": The license issued by the Office pursuant to the Fire Equipment Administrative Procedures (41 Ill. Adm. Code 280).

"Maintenance": The thorough examination of all components of a fire extinguisher or fire suppression device or system by a properly licensed employee to ensure the fire extinguisher and/or fire suppression device or system will operate effectively and safely in accordance with the NFPA standard adopted in this Part.

"NFPA": The National Fire Protection Association.

"Office" or "OSFM": The Office of the Illinois State Fire Marshal.

"Portable Fire Extinguisher": A portable device, carried or on wheels and operated by hand, containing an extinguishing agent that can be expelled under pressure for the purpose of suppressing or extinguishing fire.

"Pre-Engineered Fire Suppression System": A fire suppression system having predetermined flow rates, nozzle pressures, and quantities of extinguishing agents. These systems may have specific pipe size, maximum and minimum pipe lengths, flexible hose specifications, number of fittings and number and types of nozzles prescribed by a testing lab. The hazards protected by these systems are specifically limited as to type and size by a testing lab based upon actual fire tests. Limitations on hazards that can be addressed by a system are contained in the manufacturer's installation manual, which is referenced as part of the listing.

"Trainee": An individual who is employed by a distributor and is training under the direct supervision of an employee who is licensed in the same class for which the trainee has applied or will apply in accordance with this Part and the Fire Equipment Administrative Rules.

"UL": Underwriters Laboratory.

41 Ill. Adm. Code 251.25 Incorporations by Reference

a) The following NFPA standards are hereby incorporated by reference:

National Fire Protection Association, 1 Batterymarch Park, Quincy MA 029169-7471 (617)770-3000.

NFPA 10: Standard for Portable Fire Extinguishers (2007).

NFPA 11: Low-, Medium-, and High-Expansion Foam (2005).

NFPA 12: Carbon Dioxide Extinguishing Systems (2008).

NFPA 12A: Halon 1301 Fire Extinguishing Systems (2004).

NFPA 17: Dry Chemical Extinguishing Systems (2002).

NFPA 17A: Wet Chemical Extinguishing Systems (2002).

NFPA 72: National Fire Alarm Code (2007).

NFPA 96: Ventilation Control and Fire Protection of Commercial Cooking Operations (2008).

NFPA 750: Water Mist Fire Protection Systems (2006).

NFPA 2001: Clean Agent Fire Extinguishing Systems (2008).

b) All materials incorporated by reference in this Section are incorporated as of the date specified and include no later editions or amendments.

41 Ill. Adm. Code 251.30 Trainee

All work performed by a trainee shall be supervised by an employee who is licensed in the same class for which the trainee is applying. The distributor's and employee's license numbers shall appear on all tags and labels as required by Section 251.40.

a) The distributor shall, within 90 days after employment, submit an application to OSFM for an employee to obtain a license for the class in which the employee will be training.

b) If an individual neglects, fails or refuses to take the requisite examination within one year after the distributor files the application, the fee paid pursuant to 41 Ill. Adm. Code 280.30 shall be forfeited. However, the trainee may make a new application for examination, accompanied by the required fee.

c) Within 30 days after the termination of a trainee, the distributor shall notify OSFM in writing.

41 Ill. Adm. Code 251.40 Tagging

a) A certification tag shall be affixed to the side of the portable fire extinguisher or fire suppression system when the extinguisher or system is installed or modified, or when maintenance is performed.

b) All tags that are exposed to the outdoor elements shall be enclosed in a plastic tag protector, unless the tag is made of a weather resistant material.

c) On pre-engineered or engineered fire suppression systems, the certification tag shall be attached and visible at the suppression unit.

41 Ill. Adm. Code 251.50 Certification Tags

a) An affixed certification tag indicates that the fire extinguisher or fire suppression system was thoroughly checked and found to meet all requirements of this Part at the time the tag was affixed.

b) Certification tags shall meet the following specifications:

1. Minimum Size: 2⅝" x 5¼".

2. The year shall be printed in a minimum of ½" in height.

c) The certification tag shall have only one year printed on it.

d) Certification service tags shall bear the following information on the front of the tag:

1. "Do Not Remove by Order of the State Fire Marshal".

2. Signature of the person who performed the maintenance on the extinguisher or system. The use of a signature stamp is allowed.

3. State license number of the person who performed the maintenance.

4. Name of the distributor, State license number, street address, city, state and phone number.

5. Type of maintenance performed (shall be punched).

6. Month and year serviced (shall be punched).

7. Department of Transportation approval number (if applicable).

8. Type of extinguisher/item serviced (shall be punched) (fire extinguisher only).

9. Type of system (shall be punched) (engineered or pre-engineered systems only).

e) The certification tags shall be the following color for the respective calendar year in which the tag is affixed:

1. 2008 − White

2. 2009 − Yellow

3. 2010 − Green

4. 2011 − Blue

5. 2012 − White

6. 2013 − Yellow

41 Ill. Adm. Code 251.60 Tamper Seals

The tamper seal must correspond with the color of the certification tag. The tamper seal shall be removed during maintenance and a new tamper seal installed upon completion of maintenance.

41 Ill. Adm. Code 251.70 Labeling

a) All labels shall be placed on the side of the fire extinguisher or suppression system cylinder, creating an unobstructed view for inspection.

b) All labels shall contain the following minimum information:

1. Name and license number of distributor.

2. Name and license number of employee performing the service.

3. Type of service performed (shall be punched, if applicable).

4. The date the service was performed (shall be punched, if applicable).

41 Ill. Adm. Code 251.80 Subcontracting

When a distributor subcontracts any work that is covered by the Act, with the exception of hydro-testing only, the subcontractor must be licensed and meet the requirements of the Act, and shall so state on an affidavit maintained in the distributor's office files.

41 Ill. Adm. Code 251.90 Portable Fire Extinguishers

a) Portable fire extinguishers shall be installed, maintained, repaired, recharged, hydro-tested, serviced, inspected and replaced in accordance with NFPA 10, incorporated by reference in Section 251.25. OSFM recommends that the building owner perform a monthly visual inspection of the portable fire extinquisher.

b) Portable fire extinguishers may only be installed, maintained, repaired, recharged, hydro-tested, serviced, inspected and replaced by a licensed Class A distributor/Class 1 licensed employee.

c) Automatic fire extinguisher units having self-contained automatic detection and actuation, providing the unit's limited discharge piping network cannot be modified in the field, may only be maintained, repaired, recharged, hydro-tested, serviced, inspected and replaced by a licensed Class A distributor/Class 1 licensed employee.

d) Wheeled, stationary and skid mounted fire extinguisher units, with or without quick opening valves and provided they are manually operated, shall be classified as fire extinguishers and may only be maintained, repaired, recharged, hydro-tested, serviced, inspected and replaced by a licensed Class A distributor/Class 1 licensed employee.

e) Carbon dioxide, dry chemical, and Halon 1211 and 1301 cylinders that are part of a fire suppression system may be recharged and hydro-tested by a licensed Class A distributor/Class 1 licensed employee. The fire suppression system, however, shall be serviced by a licensed Class B or licensed Class C distributor/Class 2 or Class 3 licensed employee, whichever is applicable.

f) All fire extinguishers shall have a pictorial classification decal affixed to the front of the extinguisher, if such pictorial markings are not already provided on the manufacturer's label. Markings shall be applied by decals that are durable and color-fade-resistant on a single label. Such markings shall comply with NFPA 10, Appendix B.

41 Ill. Adm. Code 251.100 Pre-Engineered Fire Suppression Systems

a) Pre-engineered fire suppression systems may only be installed, maintained, repaired, recharged, hydro-tested, serviced, inspected and replaced by a licensed Class B distributor/Class 2 licensed employee, except as otherwise specified in this Section.

b) Licensed Class A distributors/Class 1 licensed employees may perform recharging and hydro-testing functions enumerated in Section 251.90(e) on pre-engineered fire suppression systems.

c) Pre-engineered fire suppression systems that are pre-piped in a hood and duct or other modular assembly and shipped to a location in Illinois shall be completed and certified by a licensed Class B distributor/Class 2 licensed employee.

d) Pre-engineered fire suppression systems must be installed, maintained, repaired, recharged, hydro-tested, serviced, inspected and replaced in accordance with NFPA 96, 17 and 17A, incorporated by reference in Section 251.25.

41 Ill. Adm. Code 251.110 Engineered Fire Suppression Systems

a) Engineered fire suppression systems may only be maintained, repaired, recharged, hydro-tested, serviced, inspected and replaced by a licensed Class C distributor/Class 3 licensed employee, except as otherwise specified in this Section.

b) Licensed Class A distributors/Class 1 licensed employees may perform recharging and hydro-testing functions enumerated in Section 251.90(e) on engineered fire suppression systems.

c) Engineered fire suppression systems must be maintained, repaired, recharged, hydro-tested, serviced, inspected and replaced in accordance with NFPA 11, 12, 12A, 17, 72, 2001 and 750, as incorporated by reference in Section 251.25.

d) Upgrades to existing Carbon Dioxide Extinguishing Systems as required in Section 1.3.4 of NFPA 12 are required to be completed by July 1, 2008 and not August 7, 2006 as stated in Section 1.3.5 of NFPA 12.

e) All designs of an engineered system must be performed by an individual licensed as a professional engineer, certified by NICET (National Institute for Certification in Engineering Technologies) as a Level III Special Hazards technician or by an individual who is trained and currently certified by the manufacturer of the equipment being used in the engineered system. For information about the certification process, see the National Institute of Certification in Engineering Technologies, 1420 King Street, Alexandria VA 22314-2715, Engineering Technician and Technologist Certification Program Book, 6th Edition.

41 Ill. Adm. Code 251.120 Existing Dry Chemical and Wet Chemical Fire Extinguishing Systems

a) All existing dry chemical and wet chemical fire extinguishing systems installed for the protection of commercial cooking operations that produce grease-laden vapors shall comply with the UL 300 "Standard for Fire Testing of Fire Extinguishing Systems for Protection of Commercial Cooking Equipment", identified in NFPA 17, 17A, and 96.

b) All existing extinguishing systems shall comply by January 1, 2010, except as otherwise permitted in subsection (c).

c) All existing extinguishing systems installed in occupancies that are owned or operated by a governmental entity shall comply by January 1, 2011.

History

• Source: Added at 32 Ill. Reg. 16860, effective October 1, 2008

41 Ill. Adm. Code 251.10 Scope

This Part provides minimum requirements for licensed fire equipment distributors (Class A, B and C), and licensed fire equipment employees (Class 1, 2I, 2K and 3), for servicing, recharging, hydrostatic testing, installing, repairing, replacing, maintaining or inspecting of all types of fire equipment.

History

• Source: Amended at 47 Ill. Reg. 16058, effective October 26, 2023

41 Ill. Adm. Code 251.20 Definitions

"Act" means the Fire Equipment Distributor and Employee Regulation Act of 2011 [225 ILCS 217].

"Applicant" means the entity that submits an application for a license. The applicant for any fire equipment employee license shall be the fire equipment distributor that intends to employ the candidate for fire equipment employee license.

"Approved" means meeting the requirements of the Office contained in this Part.

"Authority Having Jurisdiction" or "AHJ" means the Office and governmental authorities.

"Candidate" means a certified individual for whom a fire equipment distributor has applied to license as a fire equipment employee.

"Citation" means a notice of fine or penalty related to a violation of the Act or this Part.

"Engineered Fire Suppression System" or "Engineered System" means any detection and special agent fire suppression system requiring individual calculation and design, the components of which have been tested and listed or approved by a nationally recognized testing laboratory. The design of the system must be within the manufacturer's parameters for the fire suppression system and components to protect a specific hazard. The design shall meet the applicable fire protection codes and standards. Engineered fire suppression systems shall not include a fire sprinkler system under the Fire Sprinkler Contractor Licensing Act [225 ILCS 317].

"Fire Equipment Distributor" or "Distributor" means any person, company or corporation that services, recharges, hydrostatic tests, inspects, installs, maintains, alters, repairs, or replaces fire equipment. The term does not include a person, company or corporation that only performs hydrostatic testing of cylinders. The term does not include a fire equipment manufacturer.

"Fire Equipment Distributor License" means a license issued to a fire equipment distributor in accordance with the conditions established by the Act and this Part.

"Fire equipment" means any portable or fixed fire extinguishing device or system other than a fire sprinkler system under the Fire Sprinkler Contractor Licensing Act [225 ILCS 317]. [225 ILCS 217/5]

"Fire Equipment Employee" means an individual who is currently employed by a fire equipment distributor licensed under the Act, whose duties include servicing, recharging, hydrostatic testing, installing, maintaining or inspecting fire equipment.

"Fire Equipment Employee License" means a license issued to an individual employed by a fire equipment distributor and certified to service, recharge, install, maintain or inspect all types of fire suppression devices or systems in accordance with the conditions established by the Act and this Part.

"Governmental Authorities" means those entities that are a unit of government that enforce laws, regulations or ordinances within its specific geographical area. This includes, but is not limited to, fire departments, fire protection districts, and building departments.

"ICC" means the International Code Council.

"License" means a license issued by the Office pursuant to this Part.

"Maintenance" means the thorough examination of all components of fire equipment by a fire equipment employee to ensure the fire equipment will operate effectively and safely in accordance with the relevant NFPA standard or standards adopted in this Part.

"NAFED" means the National Association of Fire Equipment Distributors. [225 ILCS 217/5]

"NICET" means the National Institute for Certification in Engineering Technologies. [225 ILCS 217/5]

"NFPA" means the National Fire Protection Association.

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

"Officer" means an individual within a business who, if the business is a:

sole proprietorship, then the owner of the business or any individual exercising managerial control; or

partnership, then any partner who has at least 10% ownership interest or any partner who exercises managerial control; or

corporation or any other business entity, then any corporate officer or director of the corporation or any individual who has at least 10% ownership interest in such corporation or who exercises managerial control.

"Person" means an individual, group of individuals, association, trust, partnership, corporation, limited liability company, firm, business, person doing business under an assumed name, unit of local government or any other entity.

"Portable Fire Extinguisher" means a portable device, carried or on wheels and operated by hand, containing an extinguishing agent that can be expelled under pressure for the purpose of suppressing or extinguishing fire.

"Pre-Engineered Fire Suppression System" or "pre-engineered system" means a fire suppression system having predetermined flow rates, nozzle pressures, and quantities of extinguishing agents. These systems may have specific pipe size, maximum and minimum pipe lengths, flexible hose specifications, number of fittings and number and types of nozzles prescribed by a testing lab. The hazards protected by these systems are specifically limited as to type and size by a testing lab based upon actual fire tests. Limitations on hazards that can be addressed by a system are contained in the manufacturer's installation manual, which is referenced as part of the listing.

"Requalifier Identification Number" or "RIN" means a code assigned by USDOT PHMSA to uniquely identify a cylinder requalification, repair, or rebuilding facility.

"Service" means work, including, but not limited to, recharging, repairing, installing, maintaining, inspecting, altering, and replacing fire equipment within the scope of the Act and this Part.

"Trainee" means an individual who is employed by a licensed fire equipment distributor and is training under the direct supervision of a licensed fire equipment employee who is licensed in the same class for which the trainee is training.

"USDOT PHMSA" means the United States Department of Transportation's Pipeline and Hazardous Materials Safety Administration.

History

• Source: Amended at 47 Ill. Reg. 16058, effective October 26, 2023

41 Ill. Adm. Code 251.25 Incorporations by Reference

a) The following NFPA standards are hereby incorporated by reference:

National Fire Protection Association, 1 Batterymarch Park, Quincy MA 02169-7471 (617)770-3000.

NFPA 10: Standard for Portable Fire Extinguishers (2022).

NFPA 11: Standard for Low-, Medium-, and High-Expansion Foam (2021).

NFPA 12: Standard on Carbon Dioxide Extinguishing Systems (2022).

NFPA 12A: Standard on Halon 1301 Fire Extinguishing Systems (2022).

NFPA 17: Standard for Dry Chemical Extinguishing Systems (2021).

NFPA 17A: Standard for Wet Chemical Extinguishing Systems (2021).

NFPA 72: National Fire Alarm and Signaling Code (2022).

NFPA 75: Standard for the Protection of Information and Technology Equipment (2020).

NFPA 96: Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations (2021).

NFPA 750: Standard on Water Mist Fire Protection Systems (2019).

NFPA 770: Standard on Hybrid (Water and Inert Gas) Fire-Extinguishing Systems (2021).

NFPA 2001: Standard on Clean Agent Fire Extinguishing Systems (2022).

NFPA 2010: Standard on Fixed Aerosol Fire-Extinguishing Systems (2020).

b) All materials incorporated by reference in this Section are incorporated as of the date specified and include no later editions or amendments.

c) A home rule unit may not regulate the service of fire equipment in a manner less restrictive than the regulation by the State on the service of fire equipment under the Act. [225 ILCS 217/14]

History

• Source: Amended at 47 Ill. Reg. 16058, effective October 26, 2023

41 Ill. Adm. Code 251.30 Trainee

a) Fire equipment distributors may employ trainees for purposes of training in a classification for which the fire equipment distributor is licensed for a period not to exceed one year. The one-year period begins on the date the application for trainee registration is first received by the Office.

b) All work performed by a trainee shall be supervised by a fire equipment employee who is licensed in the same class for which the trainee is training and who is employed by the same fire equipment distributor that employs the trainee.

c) Trainees shall not tag fire equipment.

d) No individual who is less than 18 years of age may be a trainee.

e) Any fire equipment distributor that employs a trainee shall register the trainee. A fire equipment distributor shall submit a completed application for trainee registration to the Office in a manner prescribed by the Office, within 30 calendar days of beginning the training.

1. The application for trainee registration shall include, for each class of fire equipment employee licensure for which the trainee will be training:

A) The name and license number of the fire equipment distributor;

B) The name and contact information for the trainee;

C) The class of fire equipment employee licensure; and

D) The name and license number of a fire equipment employee with whom the trainee will be training.

2. The application for trainee registration shall be signed by an officer of the fire equipment distributor and the trainee.

3. The fire equipment distributor shall also include with the application for trainee registration a copy of the trainee's valid driver's license, valid state identification with date of birth and address, or valid passport.

f) Upon submission of the completed application for trainee registration, including all requisite information and documentation, the Office will review the application.

g) Failure to submit a completed application for trainee registration within 30 calendar days of initial receipt of the application by the Office will cause the application to expire and a revised, completed form must be submitted for review. This shall not extend the date of the beginning of the one-year trainee training period, which shall remain the date that the original application for trainee registration was first received by the Office.

h) After reviewing the completed application for trainee registration, the Office will invoice the fire equipment distributor for the trainee who meets all conditions for registration for the fee amount in accordance with Section 251.250. No trainee shall be registered until the applicable fees have been paid.

i) Fire equipment distributors may add to or change the classes of registration of their trainees by submitting an additional application to the Office within 30 calendar days after the addition or change taking effect.

j) The fire equipment distributor shall submit a completed change of status notification form to the Office in a manner prescribed by the Office within 30 calendar days after any of the following:

1. Removing a class from a trainee's registration;

2. The termination of employment of a trainee; or

3. The trainee has passed an examination for any certification that may qualify an individual for a fire equipment employee license.

History

• Source: Amended at 47 Ill. Reg. 16058, effective October 26, 2023

41 Ill. Adm. Code 251.40 Tagging

a) A certification tag shall be affixed to the portable fire extinguisher or fire suppression system when the extinguisher or system is installed or modified, or when maintenance is performed.

b) All certification tags that are exposed to the outdoor elements shall be enclosed in a tag protector, unless the certification tag is made of a weather resistant material.

c) On pre-engineered or engineered fire suppression systems, the certification tag shall be attached and visible at the suppression unit and at the point of manual activation or inspection.

d) Tagging of fire equipment shall be performed only by a licensed fire equipment employee.

e) Certification tags shall conform to all specifications and requirements listed in Section 251.50.

History

• Source: Amended at 47 Ill. Reg. 16058, effective October 26, 2023

41 Ill. Adm. Code 251.50 Certification Tags

a) An affixed certification tag indicates that the fire equipment was thoroughly checked and found to meet all requirements of this Part at the time the tag was affixed.

b) Certification tags shall meet the following specifications:

1. Minimum Size: 2⅝" x 5¼".

2. The year of certification shall be printed in a minimum of ½" in height.

c) The certification tag shall have only one year printed on it.

d) Certification tags shall bear the following information on the front of the tag:

1. "Do Not Remove by Order of the State Fire Marshal".

2. A legible, printed name of the fire equipment employee who performed the maintenance on the fire equipment. The use of a stamp is allowed.

3. License number of the fire equipment employee who performed the maintenance.

4. Name, license number, street address, city, state and phone number of the fire equipment distributor.

5. Type of maintenance performed (shall be punched).

6. Month and year the fire equipment is serviced (shall be punched).

7. The USDOT PHMSA cylinder Requalifier Identification Number shall be included on all hydrostatic testing labels.

8. Type of fire extinguisher serviced (shall be punched) (fire extinguisher only).

9. Type of system (shall be punched) (engineered or pre-engineered systems only).

e) The certification tags shall be the following color for the respective calendar year in which the tag is affixed:

1. Blue - 2023, 2027, 2031

2. White - 2024, 2028, 2032

3. Yellow - 2025, 2029, 2033

4. Green - 2026, 2030, 2034

History

• Source: Amended at 47 Ill. Reg. 16058, effective October 26, 2023

41 Ill. Adm. Code 251.60 Tamper Seals

The tamper seal must correspond with the color of the certification tag. The tamper seal shall be removed during maintenance and a new tamper seal installed upon completion of maintenance.

41 Ill. Adm. Code 251.70 Labeling

a) All labels shall be placed on the side of the fire extinguisher or suppression system cylinder, creating an unobstructed view for inspection.

b) All labels shall contain the following minimum information:

1. Name and license number of the fire equipment distributor.

2. Name and license number of the fire equipment employee performing the service.

3. Type of service performed (shall be punched, if applicable).

4. The date the service was performed (shall be punched, if applicable).

5. Each stored pressure extinguisher that has undergone maintenance that includes internal examination shall have a verification-of-service collar located around the neck of the cylinder.

6. Name and USDOT PHMSA cylinder Requalifier Identification Number of the hydrostatic testing provider shall be listed on the label.

History

• Source: Amended at 47 Ill. Reg. 16058, effective October 26, 2023

41 Ill. Adm. Code 251.75 Service Documents

All service documents provided to the customer or AHJ shall include the name and license number of the fire equipment distributor and fire equipment employee performing the service.

History

• Source: Added at 47 Ill. Reg. 16058, effective October 26, 2023

41 Ill. Adm. Code 251.80 Subcontracting

a) When a fire equipment distributor subcontracts any work that is covered by the Act, with the exception of hydrostatic testing only, the subcontractor must be licensed and meet the requirements of the Act and this Part.

b) Where this Part requires the name and/or license number of the fire equipment distributor be included, such as on tags or labels, a subcontractor shall use the subcontractor's own fire equipment distributor and fire equipment employee license numbers.

History

• Source: Amended at 47 Ill. Reg. 16058, effective October 26, 2023

41 Ill. Adm. Code 251.90 Portable Fire Extinguishers

a) Portable fire extinguishers shall be installed, maintained, repaired, recharged, hydrostatic tested, serviced, inspected and replaced in accordance with NFPA 10 and any other applicable standards incorporated by reference in Section 251.25. The Office recommends that the building owner perform a monthly visual inspection of the portable fire extinguisher.

b) Portable fire extinguishers shall be installed, maintained, repaired, recharged, serviced, inspected and replaced by a Class 1 licensed fire equipment employee of a Class A licensed fire equipment distributor.

c) Automatic fire extinguisher units having self-contained automatic detection and actuation, with a limited discharge piping network that cannot be modified in the field, shall be maintained, repaired, recharged, serviced, inspected and replaced by a Class 1 licensed fire equipment employee of a Class A licensed fire equipment distributor or a Class 2 licensed fire equipment employee of a Class B licensed fire equipment distributor.

d) Wheeled, stationary and skid mounted fire extinguisher units, with or without quick opening valves and provided they are manually operated, shall be classified as portable fire extinguishers and shall be maintained, repaired, recharged, serviced, inspected and replaced by a Class 1 licensed fire equipment employee of a Class A licensed fire equipment distributor.

e) Carbon dioxide, dry chemical, wet chemical, and Halon 1211 and 1301 cylinders that are part of a fire suppression system may be recharged by a Class 1 licensed fire equipment employee of a Class A licensed fire equipment distributor. The fire suppression system, however, shall be serviced by a Class 2 licensed fire equipment employee of a Class B licensed fire equipment distributor or a Class 3 licensed fire equipment employee of a Class C licensed fire equipment distributor, whichever is applicable.

f) All portable fire extinguishers shall have a pictorial classification decal affixed to the front of the extinguisher, if such pictorial markings are not already provided on the manufacturer's label. Markings shall be applied by decals that are durable and color-fade-resistant on a single label. Such markings shall comply with NFPA 10, Appendix B.

History

• Source: Amended at 47 Ill. Reg. 16058, effective October 26, 2023

41 Ill. Adm. Code 251.100 Pre-Engineered Fire Suppression Systems

a) Pre-engineered kitchen fire suppression systems shall be installed, maintained, repaired, recharged, serviced, inspected and replaced by a Class 2K licensed fire equipment employee of a Class B licensed fire equipment distributor, except as otherwise specified in this Section.

b) Pre-engineered industrial fire suppression systems shall be installed, maintained, repaired, recharged, serviced, inspected and replaced by a Class 2I licensed fire equipment employee of a Class B licensed fire equipment distributor, except as otherwise specified in this Section.

c) Class 1 licensed fire equipment employees of a Class A licensed fire equipment distributor may perform recharging functions enumerated in Section 251.90(e) on pre-engineered fire suppression systems.

d) Pre-engineered fire suppression systems that are pre-piped in a hood and duct or other modular assembly and shipped to a location in Illinois shall be completed and certified by a Class 2K licensed fire equipment employee of a Class B licensed fire equipment distributor for kitchen systems or a Class 2I licensed fire equipment employee of a Class B licensed fire equipment distributor for industrial systems.

e) Pre-engineered fire suppression systems shall be installed, maintained, repaired, recharged, hydrostatic tested, serviced, inspected and replaced in accordance with NFPA 96, 17 and 17A and any other applicable standards incorporated by reference in Section 251.25.

History

• Source: Amended at 47 Ill. Reg. 16058, effective October 26, 2023

41 Ill. Adm. Code 251.110 Engineered Fire Suppression Systems

a) Engineered fire suppression systems shall be installed, maintained, repaired, recharged, serviced, inspected and replaced by a Class 3 licensed fire equipment employee of a Class C licensed fire equipment distributor, except as otherwise specified in this Section.

b) Class 1 licensed fire equipment employees of a Class A licensed fire equipment distributor may perform recharging functions enumerated in Section 251.90(e) on engineered fire suppression systems.

c) Engineered fire suppression systems shall be maintained, repaired, recharged, hydrostatic tested, serviced, inspected and replaced in accordance with NFPA 11, 12, 12A, 17, 17A, 72, 2001, 750, and 770 and any other applicable standards as incorporated by reference in Section 251.25.

d) All designs of an engineered system must be performed by an individual:

1. licensed as a professional engineer;

2. certified by NICET (National Institute for Certification in Engineering Technologies) as a Level III Special Hazards Systems technician; or

3. trained and currently certified by the manufacturer of the equipment being used in the engineered system.

History

• Source: Amended at 47 Ill. Reg. 16058, effective October 26, 2023

41 Ill. Adm. Code 251.120 Existing Dry Chemical and Wet Chemical Fire Extinguishing Systems (repealed)

History

• Source: Repealed at 47 Ill. Reg. 16058, effective October 26, 2023

41 Ill. Adm. Code 251.210 Classes of Licenses

a) Classifications of Fire Equipment Distributors and Fire Equipment Employees

1. Class A fire equipment distributors service all types of portable fire extinguishers and employ Class 1 fire equipment employees.

2. Class B fire equipment distributors service all types of pre-engineered fire suppression systems and employ Class 2I and 2K fire equipment employees.

3. Class C fire equipment distributors service all types of engineered fire suppression systems and employ Class 3 fire equipment employees.

b) Table 1. Classifications of Fire Equipment Distributors and Fire Equipment Employees by Type of Fire Equipment

Type of Fire Equipment

Fire Equipment Distributor License Class

Fire Equipment Employee License Class

Portable Fire Extinguishers

A

1

Pre-engineered industrial fire suppression systems

B

2I

Pre-engineered kitchen fire suppression systems

B

2K

Engineered fire suppression systems

C

3

History

• Source: Added at 47 Ill. Reg. 16058, effective October 26, 2023

41 Ill. Adm. Code 251.220 Fire Equipment Distributor License

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.

History

• Source: Added at 47 Ill. Reg. 16058, effective October 26, 2023

41 Ill. Adm. Code 251.230 Fire Equipment Employee License

a) No person shall act as a fire equipment employee, 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 per the terms of this Part. [225 ILCS 217/10(a)]

b) Any individual that services, recharges, installs, inspects, maintains, alters, repairs or replaces fire equipment, whether part-time or full-time, must be licensed as a fire equipment employee.

c) No individual who is less than 18 years of age may be licensed as a fire equipment employee.

d) An individual 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 employee. The individual must have a current RIN issued by USDOT PHMSA, or be employed by an entity that has a current RIN issued by USDOT PHMSA, and shall provide proof of such qualifications upon request of the AHJ.

e) License Relationship

1. A fire equipment employee shall be employed by a fire equipment distributor licensed in the distributor classification corresponding to the fire equipment employee classification for which the fire equipment employee holds a license.

2. A fire equipment employee shall follow the process in Section 251.240 regarding notice to the Office of the termination of a fire equipment employee's employment.

3. If a fire equipment employee is employed by a fire equipment distributor for a distributor classification in which the distributor is no longer licensed, the corresponding employee classification of the fire equipment employee license shall be suspended. The license may be reinstated upon the licensing of the fire equipment distributor in the distributor classification corresponding to the fire equipment employee classification for which the fire equipment employee held the license; submission of a reinstatement application form; and payment of reinstatement fee and any other applicable fees. If a previously suspended license has since expired, an application must be submitted for a new license.

f) Application for Licensure as a Fire Equipment Employee

1. The application for a fire equipment employee license shall be submitted by the fire equipment distributor that employs the candidate for fire equipment employee licensure.

A) The application shall include the name and address of the candidate.

B) 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.

2. A fire equipment distributor may submit an application for a fire equipment employee license only in the fire equipment employee classifications that correspond to those classifications for which the fire equipment distributor is licensed or applying to be licensed.

3. An applicant for a fire equipment employee license shall:

A) Submit a completed application form to the Office in a manner prescribed by the Office, including a signature by both the candidate and the applicant.

B) Submit a copy of the candidate's valid driver's license, valid state identification with date of birth and address, or valid passport.

C) Submit a digital color photograph of the candidate that meets the following criteria:

i) The photograph must show the candidate from a front view with full-face and head and shoulders visible. The Office will reject photographs showing the candidate wearing sunglasses, hats, scarves, or any object that obscures the candidate's identity. Photographs must show the candidate wearing plain or company shirts, on a white background. Photographs shall be of sufficient quality to clearly identify the candidate.

ii) A candidate seeking a religious exemption to this photograph requirement shall submit the candidate's fingerprints through a fingerprint vendor licensed by the Illinois Department of Financial and Professional Regulation with the application in lieu of a photograph. [225 ILCS 217/40]

iii) A candidate who is 21 years of age or older seeking a religious exemption to this photograph requirement shall furnish with the application an approved copy of United States Department of the Treasury Internal Revenue Service Form 4029. [225 ILCS 217/40]

D) Provide proof of the candidate's current certification appropriate to the fire equipment employee classification for which the applicant is applying. A copy of the certificate must be submitted to the Office. Acceptable certifications shall be:

i) Class 1: ICC or NAFED certification in Portable Fire Extinguishers;

ii) Class 2I: ICC or NAFED certification in Pre-Engineered Industrial Fire Suppression Systems;

iii) Class 2K: ICC or NAFED certification in Pre-Engineered Kitchen Fire Extinguishing Systems; or

iv) Class 3: NAFED certification in Engineered Fire Suppression Systems or NICET certification in Special Hazards Systems (Level III).

E) Provide a copy of the fire equipment distributor license, or application for a distributor license, that corresponds to the desired class of fire equipment employee license.

F) Provide a list of each license issued to the candidate by any state, local or federal governmental entity in the previous 3 years to engage in the work of a fire equipment employee.

G) Provide a statement of whether the individual is currently subject to disciplinary action or has been adjudicated to have violated conditions of a license in any jurisdiction.

4. An application for fire equipment employee license and application for fire equipment distributor license may be submitted simultaneously.

5. Upon submission of the completed application, including all requisite information and documentation, the Office will review the application for licensure. During review of the application for licensure, the Office shall consider past history of the candidate. Past history of the candidate includes, but is not limited to, any citations or other discipline imposed by any jurisdiction or any occurrences of unlicensed work. In addition to any other reason for refusal, the Office may refuse to issue a fire equipment employee license on the basis of the past history of the candidate.

6. 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.

7. After reviewing the applicant's completed application, the Office will invoice the applicant for a candidate 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.

8. Upon submission of the requisite fee amount, the candidate will be assigned a fire equipment employee license number and issued an identification card. This identification card shall be carried at all times the individual is engaged in a licensed activity and shall be made available to the AHJ upon request. The identification card will bear the following information:

A) Name of the fire equipment employee;

B) Fire equipment employee license number;

C) One or more classifications as outlined in Section 251.210; and

D) Date of issue and date of expiration.

g) Renewal of Fire Equipment Employee License

1. The expiration and renewal dates for each fire equipment employee 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 fire equipment employee 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 (f) to apply for renewal of the fire equipment employee 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. A license may be renewed within 60 calendar days after the expiration date without a reinstatement fee. However, an individual working on an inactive license shall be considered to be operating without a current license and that individual, and the employing person or business, 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 fire equipment distributor may apply for a new license for an individual whose previous license has terminated.

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)]

h) Maintaining Conditions of Licensure

1. A fire equipment employee is required to maintain in effect the conditions under which the fire equipment employee was licensed or the license shall automatically be suspended. [225 ILCS 217/62(b)]

2. A fire equipment distributor that employs a fire equipment employee whose required items or documentation under subsection (f) expire or lose 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 or documentation are:

A) A copy of the candidate's current valid driver's license, valid state identification with date of birth and address, or valid passport; and

B) Current certification appropriate to the classification.

3. An individual working on a suspended or inactive license shall be considered to be operating without a current license. The individual, and the employing person or business, shall be subject to the applicable discipline and penalties.

i) Amending Current Fire Equipment Employee Licenses

1. A fire equipment distributor that employs any fire equipment employee who changes their 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 for a fire equipment employee prior to the expiration date of the current fire equipment employee license, shall apply in accordance with subsection (f) for the classifications to be added.

B) The expiration date of the license for an added classification of fire equipment employee license shall be the same as for the existing classifications of the fire equipment employee license. For example, for a fire equipment employee 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 classification for a fire equipment employee at the time of renewal shall apply in accordance with subsection (f). The expiration date of added classifications shall be the same as for the renewed license.

j) Changes Requiring Application for a New License

A fire equipment distributor must apply for a new license for each fire equipment employee any time a fire equipment distributor is required to apply for a new fire equipment distributor license. This requirement does not apply to a license renewal application for the fire equipment distributor.

History

• Source: Added at 47 Ill. Reg. 16058, effective October 26, 2023

41 Ill. Adm. Code 251.240 Termination of Employment

a) Upon the termination of employment of a fire equipment employee, the fire equipment distributor and individual whose employment was terminated shall take steps to provide notice to the Office and return the fire equipment employee identification card.

1. Within 5 business days after the termination of employment, the fire equipment distributor shall notify the Office, in writing, of the termination of employment, including the date of termination. The terminated individual may also notify the Office, but that does not relieve the distributor of the responsibility to notify the Office.

2. The individual whose employment was terminated shall return to the fire equipment distributor, within 10 business days after termination of employment, their fire equipment employee identification card issued by the Office.

3. Within 30 calendar days after the termination of employment, the fire equipment distributor shall destroy the fire equipment employee identification card and provide notice to the Office of the destruction of the fire equipment employee identification card.

b) The fire equipment employee license is inactive on the day of termination of employment.

c) An individual whose employment with a fire equipment distributor was terminated may be eligible for a new fire equipment employee license. A fire equipment distributor shall apply for a fire equipment employee license for such individual in accordance with Section 251.230(f).

History

• Source: Added at 47 Ill. Reg. 16058, effective October 26, 2023

41 Ill. Adm. Code 251.250 Fees

License fees shall be as follows:

a) Fire Equipment Distributor License Fees (three-year license cycle)

1. Initial License:

A) Class A $900

B) Class B $1500

C) Class C $2100

2. Renewal of License (before expiration date or within 60 calendar days after expiration date): cost of initial license for that class

3. License Reinstatement:

A) Class A $50

B) Class B $100

C) Class C $150

4. Renewal of License with Reinstatement (between 61 calendar days after expiration date and 1 year after expiration date): cost of initial license for that class plus cost of reinstatement for that class

5. Additional Class: cost of initial license for that class

b) Fire Equipment Employee License Fees (three-year license cycle), per class:

1. Initial License: $300

2. Renewal of License (before expiration date or within 60 calendar days after expiration date): $300

3. License Reinstatement: $50

4. Renewal of License with Reinstatement (between 61 calendar days after expiration date and 1 year after expiration date): $350

5. Additional Class: $300

c) Other Fees

1. Trainee Registration Fee: $25

2. A fee of $50 is required if a check or other order is returned by a financial institution twice because of insufficient funds.

d) All fees paid under the Act are non-refundable except that the Office shall refund accidental overpayment of fees. [225 ILCS 217/60(d)]

History

• Source: Added at 47 Ill. Reg. 16058, effective October 26, 2023

41 Ill. Adm. Code 251.260 Exemptions to Licensing

a) This Part shall not apply to an officer or employee of this State or the fire department or fire protection district of any political subdivision of this State while such officer or employee is engaged in the performance of his or her official duties within the course and scope of his or her employment with this State, or any political subdivision. However, any such person who offers his or her services as a private fire equipment distributor or employee, or any title where similar services are performed for compensation, fee, or other valuable consideration, whether received directly or indirectly, shall be subject to the Act and its licensing requirements. [225 ILCS 217/15(a)]

b) Any person who engages in hydrostatic testing of fire equipment but does not service, recharge, install, maintain, or inspect such equipment shall not be required to be licensed as a fire equipment distributor nor fire equipment employee. The person must have a current RIN issued by USDOT PHMSA and shall provide proof of such qualifications upon request of the AHJ. [225 ILCS 217/15(b)]

History

• Source: Added at 47 Ill. Reg. 16058, effective October 26, 2023

41 Ill. Adm. Code 251.300 Citations

Citations result from violations in the following three categories:

a) Technical violations. These violations include, but are not limited to, a failure to abide by the requirements of the Act and this Part regarding tagging and labeling. Examples include:

1. A multi-year or wrong color tag;

2. Punching wrong product, agent, system, or date; or

3. Information missing on a tag.

b) Administrative violations. These violations include, but are not limited to, a failure to abide by the requirements of the Act and this Part regarding the obligations of a licensee or procedures of licensure, including training. Examples include:

1. Working with an expired NAFED, ICC, or NICET certification;

2. Working with expired insurance;

3. Failure to provide notification to the Office as required by the Act or this Part; or

4. Working out of license classification.

c) Safety violations. Actions or business practices that pose a potential danger to the safety of the citizens of Illinois. Safety violations include, but are not limited to, a failure to abide by the requirements of the Act and this Part regarding the standards of practice or the conditions of licensure. Examples include:

1. Practice or attempted practice as a fire equipment distributor or fire equipment employee without a license;

2. Obtaining or attempting to obtain a license, practice, or business or any other thing of value by fraudulent representation;

3. Working out of license classification without qualification; or

4. Deviation from accepted industry practices.

History

• Source: Added at 47 Ill. Reg. 16058, effective October 26, 2023

41 Ill. Adm. Code 251.310 Citation Penalty Process

Pursuant to Section 251.300, violations may be categorized as technical, administrative, or safety. Penalties will be applied to citations based on the following criteria:

a) All citations shall remain in the person's file.

b) Penalty assessment for citations shall be calculated as follows:

1. For a technical violation, the Office will impose a civil fine up to $100 per violation.

2. For an administrative violation, the Office will impose a civil fine up to $500 per violation.

3. For a safety violation, the Office will impose a civil fine up to $1000 per violation.

History

• Source: Added at 47 Ill. Reg. 16058, effective October 26, 2023

41 Ill. Adm. Code 251.320 Procedures for Citations

This Section provides the procedures for citations and citation appeals under Section 83 of the Act [225 ILCS 217/83].

a) Issuance of a citation

1. Citations may be issued independently, or in addition to any other criminal or civil action or penalties provided for in the Act or this Part.

2. A citation may be issued for a single violation or multiple violations.

3. The Office may issue a citation pursuant to Section 83 of the Act [225 ILCS 217/83] and serve the citation by personal service or certified mail to the licensee at the licensee's last known address as listed with the Office or to the unlicensed person at the person's last known address. The citation shall be issued to the licensee or other person doing business without the required license and shall contain the person's name and address, the licensee's license number, if applicable, a brief factual statement, the Sections of the law or rules allegedly violated, and the penalty imposed in accordance with Section 251.310. The citation must clearly state that the person may choose, in lieu of accepting the citation, to request a hearing to appeal the citation. If the person does not file a written appeal of the citation with the Office of the State Fire Marshal within 20 calendar days after the citation is served, then the citation shall become a final order and shall constitute discipline. A written appeal will be deemed timely if it is postmarked no later than 20 calendar days after the date the citation was served. Failure to timely satisfy the penalty assessed may result in a censure, suspension, or other disciplinary action on the license for the violations noted.

4. Payment of the citation penalty does not absolve the licensee and its licensed employees from the responsibility to correct any outstanding violations related to its licensing or other regulatory obligations. Citations and penalties issued under this Section shall not limit the authority of the Office under other sections of law to take any other appropriate enforcement action.

b) In the event of a timely written appeal, the Office shall conduct an administrative hearing governed by this Section. Notice of the time and place for any hearing shall be given to any party concerned at least 30 calendar days prior to the hearing date. If an attorney, through written communication, is known to represent any party to a hearing, then notice is to be given to that attorney. A corporation, limited liability company, professional limited liability company, or partnership must appear by legal counsel, licensed to practice in the State of Illinois or appearing pro hac vice, who must file an appearance with the Office. Notice sent to the last known address by U.S. mail, registered or certified, addressed to all parties or their agents appointed to receive service of process, or their attorneys when applicable, is sufficient.

1. The notice of hearing shall include the following:

A) The date, time, place, and nature of the hearing.

B) A statement of the legal authority and jurisdiction under which the hearing is to be held.

C) A reference to the particular Sections of the substantive and procedural statutes and rules involved.

D) A short and plain statement of the matters asserted, the consequences of a failure to respond, and the case number or file number.

E) To the extent such information is available, the names, phone numbers, email addresses, and mailing addresses of the parties and designated agency contact, and if known, of any assigned hearing officer.

2. Document Exchange. At any pre-hearing conference, or if none, prior to the start of the hearing, the parties shall exchange a list of those witnesses who may testify at hearing and any exhibits or documents that may be identified at hearing.

3. Continuances. A hearing officer may, for good cause, grant a continuance at the request of a party or a continuance on the hearing officer's own motion.

4. Default. Failure of a party to appear on the date set for hearing or failure to proceed as ordered by the Office shall constitute a default and the citation appealed from shall become final. Appeals, petitions, motions or other requests for relief that are not prosecuted diligently may be dismissed for want of prosecution.

5. At the close of the evidence, or upon receiving the recommended decision of the hearing officer with findings of fact and conclusions of law, the Office shall enter an order to sustain, modify, or revoke the citation. Any appeal by the petitioner from the final order of the Office shall be subject to judicial review under the provisions of the Administrative Review Law [735 ILCS 5/Art. III] and this Part. [225 ILCS 217/100] Proceedings for judicial review shall be commenced in the circuit court of the county in which the party applying for review resides or, if the party applying for review is not a resident of Illinois, shall be commenced in the circuit court in Sangamon County. [225 ILCS 217/100]

6. Nothing in this Section shall prohibit the informal disposition of a citation by stipulation, agreed settlement, or consent order. Informal disposition may proceed with clear and simple documentation without complete adherence to this Section; however, notice of such an informal disposition must be presented to the Office within 20 calendar days of the citation being served.

History

• Source: Added at 47 Ill. Reg. 16058, effective October 26, 2023

41 Ill. Adm. Code 251.330 Status of Licensed Distributor and Unlicensed Distributor During Appeal of Citation

During the time a citation is under appeal, the licensee may continue to work in Illinois unless, in the opinion of the Office, continued work by the licensee poses a significant threat to the safety of citizens of Illinois. An unlicensed person may not continue to work in Illinois while a citation appeal is pending.

History

• Source: Added at 47 Ill. Reg. 16058, effective October 26, 2023

41 Ill. Adm. Code 251.340 Complaints and Investigations

a) Complaints

1. All complaints concerning violations regarding licensees or unlicensed activity shall be submitted to the Office, Division of Fire Prevention, in writing.

2. The Office shall log all complaints received under this Section.

b) Investigation

1. Allegations of wrongdoing on the part of a fire equipment distributor or a fire equipment employee may be investigated by the Office.

2. The Office may summarily suspend a license under the Act, without a hearing, simultaneously with the filing of a formal complaint and notice for a hearing provided under Section 90 of the Act if the State Fire Marshal finds that the continued operations of the individual would constitute an immediate danger to the public. In the event the Office suspends a license under Section 251.340(b)(2), a hearing by the hearing officer designated by the Office shall begin within 20 days after such suspension begins, unless continued at the request of the licensee. [225 ILCS 217/90(b)]

3. The Office, in the name of the People and through the Attorney General, the State's Attorney of any county, any interested resident of the State, or any interested legal entity within the State, may petition the court with appropriate jurisdiction for an order seeking injunctive relief to enjoin from practicing a licensed activity:

A) any person, firm, association, or corporation who has not been issued a license, or whose license has been suspended, revoked, or not renewed; [225 ILCS 217/10(b)] or

B) any person found to be guilty by the hearing officer of the offenses outlined in Section 251.360.

History

• Source: Added at 47 Ill. Reg. 16058, effective October 26, 2023

41 Ill. Adm. Code 251.350 Hearing Procedures for Formal Charges

a) The procedures of this Section shall govern any appeal of formal charges seeking to impose disciplinary action under subsection (a) of Section 90 of the Act [225 ILCS 217/90(a)].

b) Each licensee whose conduct is the subject of a formal charge that seeks to impose disciplinary action against the licensee shall be served notice of the formal charge at least 30 calendar days before the date of the hearing. The hearing shall be presided over by a hearing officer authorized by the Office in compliance with the Illinois Administrative Procedure Act. Service shall be considered to have been given if the notice was personally received by the licensee or if the notice was mailed certified, return receipt requested, to the licensee at the licensee’s last known address as listed with the Office.

c) The notice of a formal charge shall consist at a minimum of the following information:

1. The time, place, date and nature of the hearing;

2. A statement of legal authority and jurisdiction under which the hearing is to be held;

3. A reference to the particular Sections of the substantive and procedural statutes and rules involved;

4. A short and plain statement of the matters asserted, the consequences of a failure to respond, and the case number or file number;

5. A statement that the licensee shall appear personally at the hearing and may be represented by counsel;

6. A statement that the licensee has the right to produce witnesses and evidence on the licensee's behalf and the right to cross-examine witnesses and object to evidence produced against the licensee;

7. A statement that the hearing can result in disciplinary action being taken against the license;

8. To the extent such information is available, the names, phone numbers, email addresses, and mailing addresses of the parties and designated agency contact, and if known, of any assigned hearing officer;

9. A statement that rules for the conduct of these hearings exist and it may be in the licensee's best interest to obtain a copy, and where the licensee can procure the rules of conduct of these hearings;

10. A statement that the hearing officer authorized by the Office will preside at the hearing and, following the conclusion of the hearing, shall make findings of fact, conclusions of law and recommendations, separately stated, to the State Fire Marshal as to what disciplinary action, if any, should be imposed on the licensee;

11. A statement that the Office may continue the hearing;

12. That the licensee shall submit a written response to the charges with the State Fire Marshal under oath within 20 calendar days after service of the notice; [225 ILCS 217/85(c)]

13. A statement that failure to respond will result in a judgment against the person and can also result in disciplinary action being taken against the licensee;

14. A statement that the Office may set a pre-hearing conference; and

15. At any pre-hearing conference, or if none, prior to the start of the hearing, the parties shall exchange a list of those witnesses who may testify at hearing and any exhibits or documents that may be identified at hearing.

d) The hearing officer shall conduct the hearing. After the conclusion of a hearing, the hearing officer shall make findings of fact, conclusions of law and recommendations, separately stated, and submit them to the State Fire Marshal and to all parties to the proceeding. Submission to the licensee shall be considered as having been made, if accomplished in a similar fashion as service of the notice of formal charges (see subsection (b)). Within 20 calendar days after such service, any party to the proceeding may present to the State Fire Marshal a motion, in writing, for a rehearing that specifies the grounds for rehearing. [225 ILCS 217/85(d)]

e) Following the time allowed for filing a motion for rehearing, the State Fire Marshal shall review the hearing officer's findings of fact, conclusions of law, recommendations and any motion for rehearing. After reviewing this information, the State Fire Marshal may hear oral arguments, prior to issuing an order. The report of findings of fact, conclusions of law and recommendations of the hearing officer shall be the basis for the State Fire Marshal's order, in which the State Fire Marshal may accept or reject the recommendations of the hearing officer.

f) If the State Fire Marshal finds that substantial justice was not done, he or she may issue an order in contravention to the findings of fact, conclusions of law, and recommendations of the hearing officer. The finding is not admissible in evidence against the person in a criminal prosecution brought for violation of the Act or this Part. [225 ILCS 217/85(e)]

History

• Source: Added at 47 Ill. Reg. 16058, effective October 26, 2023

41 Ill. Adm. Code 251.360 Grounds for Revocation, Suspension or Refusal to Issue a License

a) Licensees subject to the Act shall conduct their practice in accordance with the Act and this Part. Licensees shall be subject to the exercise of the disciplinary sanctions enumerated in Section 251.370 if the Office finds that a licensee is guilty of any of the following items or for other grounds enumerated in Section 75 of the Act:

1. fraud or material deception in obtaining or renewing of a license;

2. professional incompetence as manifested by poor standards of service;

3. engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public in the course of professional services or activities;

4. conviction of any crime by a licensee that has a substantial relationship to his or her practice or an essential element of which is misstatement, fraud, or dishonesty, or conviction in this or another state of any crime that is a felony under the laws of Illinois or conviction of a felony in a federal court, unless the person demonstrates that he or she has been sufficiently rehabilitated to warrant the public trust;

5. performing any services in a grossly negligent manner or permitting any of his or her licensed employees to perform services in a grossly negligent manner, regardless of whether actual damage or damages to the public is established;

6. directly or indirectly willfully receiving compensation for any professional services not actually rendered;

7. having disciplinary action taken against his or her license in another state;

8. making differential treatment against any person to his or her detriment because of race, color, creed, sex, religion, or national origin;

9. engaging in unprofessional conduct;

10. engaging in false or misleading advertising;

11. contracting or assisting unlicensed persons to perform services for which a license is required under the Act;

12. permitting the use of his or her license to enable any unlicensed person or agency to operate as a licensee;

13. performing and charging for services without having authorization to do so from the member of the public being served;

14. failure to comply with any provision of the Act or the rules adopted under the Act;

15. conducting business regulated by the Act without a currently valid license;

16. engaging in any unethical or criminal activity incidental to activities within the scope of licensure [225 ILCS 217/75]; and

17. failure to perform service in accordance with industry standards incorporated in this Part or adopted by authorities having jurisdiction.

b) The Office may refuse to issue or renew a license to any applicant for failure to meet licensing standards or for any reason listed in this Section.

History

• Source: Added at 47 Ill. Reg. 16058, effective October 26, 2023

41 Ill. Adm. Code 251.370 Sanctions to Be Imposed for Violators

a) The Office shall impose any of the following sanctions, singly or in combination, when the Office finds that a licensee is guilty of any offense described in Section 75 of the Act or Section 251.360:

1. revocation of a license;

2. suspension of a license for any period of time;

3. reprimand or censure of a licensee; or

4. refusal to issue, renew or reinstate the license. [225 ILCS 217/90(a)]

b) Disposition may be made of any formal complaint by consent order between the Office and the licensee. [225 ILCS 217/90(c)]

c) The Office shall reinstate any license to good standing under the Act, upon recommendation to the Office, by a hearing officer after a hearing before the hearing officer authorized by the Office. The Office shall be satisfied that the applicant's renewed practice is not contrary to the public interest before reinstating a license to good standing. [225 ILCS 217/90(d)]

d) The Office may issue a cease and desist order to any licensee or other person doing business without the required license, when, in the opinion of the Office, the licensee or other person is violating or is about to violate any provision of the Act or this Part. Any person in violation of a cease and desist order entered by the State Fire Marshal shall be subject to all of the remedies provided by law and, in addition, shall be subject to a civil penalty payable to the party injured by the violation. [225 ILCS 217/10(c)]

e) An order of revocation, suspension, placing the license on probationary status or other formal disciplinary action as the Office may deem proper, or a certified copy thereof, over the seal of the Office, and purporting to be signed by the Office, is prima facie proof that:

1. the signature is that of the Office;

2. the Office is qualified to act; and

3. the hearing officer is qualified to act on behalf of the Office. [225 ILCS 217/105]

f) Upon the suspension or revocation of a license issued under the Act, a licensee shall surrender the license to the Office. Upon failure to surrender a license, the Office shall seize the license. [225 ILCS 217/110]

History

• Source: Added at 47 Ill. Reg. 16058, effective October 26, 2023

Part 255 Sprayed Fire-Resistant Material Applicator Registration Rules

41 Ill. Adm. Code 255.10 Introduction

The Sprayed Fire-Resistant Material Applicator Act [425 ILCS 75] requires the Office of the State Fire Marshal to:

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

b) establish requirements for the registration of sprayed fire-resistant material applicators that includes a requirement for proof of training or certification. [425 ILCS 75/10]

41 Ill. Adm. Code 255.20 Definitions

Unless the context requires otherwise, the following terms have the meanings ascribed in this Section:

"Act" means the Sprayed Fire-Resistant Material Applicator Act [425 ILCS 75].

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

"Sprayed fire-resistant material" or "SFRM" 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. [425 ILCS 75/5]

41 Ill. Adm. Code 255.30 Sprayed Fire-Resistant Material Applicator Registration

a) The individual seeking registration as a sprayed fire-resistant material applicator shall:

1. Submit a completed application form provided by the Office that includes the name and address of the individual. The address shall be an actual street address and shall include the city, state, and zip code.

2. Submit a copy of the individual's valid driver's license, valid state identification, or valid passport.

3. Be 18 years of age or older.

4. Provide one of the following:

A) A certificate of completion for a plasterer apprenticeship from the U.S. Department of Labor or a recognized State Apprenticeship Agency;

B) An affirmative statement that the individual has at least eight hours of training in the application of SFRM, including on the job training, classroom training, or a combination thereof. The statement shall be signed by the individual and the individual's employer or instructor; or

C) Documentation of any other training or certification, approved by the Office, that is determined by the Office to be equivalent to (a)(4)(A) or (a)(4)(B).

5. Pay the requisite fee amount in accordance with Section 255.50.

b) Individuals that satisfy the requirements of subsection (a) will be considered registered as a sprayed fire-resistant material applicator. Individuals that do not satisfy the requirements of subsection (a) will not be considered registered as a sprayed fire-resistant material applicator and will be issued a notice of registration denial.

History

• Source: Adopted at 49 Ill. Reg. 5823, effective April 8, 2025; expedited correction at 49 Ill. Reg. 12803, effective April 8, 2025

Chapter I Office of the State Fire Marshal

Part 255 Sprayed Fire-Resistant Material Applicator Registration Rules

41 Ill. Adm. Code 255.40 Renewal of Sprayed Fire-Resistant Material Applicator Registration

a) The Office will notify the registrant 90 days prior to the expiration of the registration.

b) An individual seeking to renew their registration every 3 years shall follow the same process as in Section 255.30.

41 Ill. Adm. Code 255.50 Fees

a) Registration fee (three-year registration cycle): $75

b) Renewal of registration (before or on expiration date): $75

c) Registration reinstatement (late filing fee): $50

d) Renewal of registration (after expiration date): $125

e) All fees paid pursuant to the Act are nonrefundable except that the Office shall refund accidental overpayment of fees. [425 ILCS 75/15]

41 Ill. Adm. Code 255.60 Complaints

All complaints concerning unregistered activity shall be submitted to the Office, Division of Fire Prevention, in writing.

41 Ill. Adm. Code 255.70 Administrative Actions

The failure to comply with the Act and this Part by any individual will subject the individual to administrative action, including: suspension, revocation, refusal to issue or renew a registration, and the assessment of any civil penalty.

41 Ill. Adm. Code 255.80 Notice of Violation

a) The Office will issue a notice of violation if the Office determines that there has been a violation of the Act or this Part. The notice of violation shall be deemed to have been properly served upon the individual when a copy of the notice of violation has been sent by registered or certified mail to the individual's last known address as furnished to the Office, or by any other method authorized by law.

b) The notice of violation shall be in writing and shall:

1. include a description of the violation and its location;

2. provide a reference to the statute or rules alleged to have been violated;

3. if appropriate, identify remedial action;

4. if appropriate, the time within which remedial action is required to be completed;

5. the amount of the administrative civil penalty; and

6. the process for appeal.

c) In assessing an administrative civil penalty, the Office shall consider the seriousness of the violation, whether the violation was corrected after notification, and whether the individual has been assessed an administrative civil penalty for the same or similar violations in the past. The administrative civil penalties levied under this Section shall not exceed $250 for each violation. [425 ILCS 75/10(a)]

41 Ill. Adm. Code 255.90 Appeal of an Administrative Action

a) Any person aggrieved by a registration decision, issuance of a notice of violation or an administrative civil penalty of the Office may, as a matter of right, appeal such action.

b) All appeal requests shall:

1. Be in writing;

2. Contain an address, telephone number, and email address where the appellant may be notified of the time and place of the hearing; and

3. Set forth the reasons why the action of the Office should be reversed or modified.

c) Appeals from a registration decision, issuance of a notice of violation or an administrative civil penalty of the Office shall be instituted by filing a written request for a hearing no later than 10 calendar days following receipt of the notice of the action. Requests will be deemed to be timely if they are postmarked no later than the time period allowed.

d) The appeal request shall be mailed to:

Office of the State Fire Marshal

Attn: Legal Division

1035 Stevenson Drive

Springfield, Illinois 62703-4259

e) In the event of a timely written appeal, the Office shall conduct an administrative hearing governed by this Section. Notice of the time and place for any hearing shall be given to any party concerned at least 30 calendar days prior to the hearing date. If an attorney, through written communication, is known to represent any party to a hearing, then notice is to be given to that attorney. A corporation, limited liability company, professional limited liability company, or partnership must appear by legal counsel, licensed to practice in the State of Illinois or appearing pro hac vice, who must file an appearance with the Office. Service of the notice of violations may be in person, by electronic transmission, or by registered or certified mail. Notice sent to the last known address by U.S. mail, registered or certified, addressed to all parties or their agents appointed to receive service of process, or their attorneys when applicable, is sufficient.

1. The notice of hearing shall include the following:

A) The date, time, place, and nature of the hearing.

B) A statement of the legal authority and jurisdiction under which the hearing is to be held.

C) A reference to the section or sections of the substantive and procedural statutes and rules involved.

D) A short and plain statement of the matters asserted, the consequences of a failure to respond, and the case number or file number.

E) To the extent such information is available, the names, phone numbers, email addresses, and mailing addresses of the parties and designated agency contact, and if known, of any assigned hearing officer. [5 ILCS 100/10-25]

2. Document Exchange. Either party may request a pre-hearing conference. At any pre-hearing conference, or if none, at least seven days prior to the start of the hearing, the parties shall exchange a list of those witnesses who may testify at hearing and any exhibits or documents that may be identified at hearing.

3. Continuances. A hearing officer may, for good cause, grant a continuance at the request of a party or a continuance on the hearing officer's own motion.

4. Default. Failure of a party to appear on the date set for hearing or failure to proceed as ordered by the Office shall constitute a default and the registration decision, notice of violation or administrative civil penalty appealed from shall become final. Appeals, petitions, motions or other requests for relief that are not prosecuted diligently will be dismissed for want of prosecution.

5. At the close of the evidence, or upon receiving the recommended decision of the hearing officer with findings of fact and conclusions of law, the Office shall enter an order to sustain, modify, or revoke the administrative action. Any appeal by the petitioner of findings of fact, conclusions of law, or the final order of the Office shall be subject to judicial review under the provisions of the Administrative Review Law. [735 ILCS 5/Art. III]

f) Nothing in this Section shall prohibit the informal disposition of an administrative action by stipulation, agreed settlement, or consent order. Informal disposition may proceed with clear and simple documentation without complete adherence to this Section.

41 Ill. Adm. Code 255.100 Severability

If any provision or Section of this Part shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions and Sections shall not in any way be affected or impaired.

Part 270 Hazardous Materials Emergency Response Reimbursement Standards

41 Ill. Adm. Code 270.10 Definitions

"Act" means the Hazardous Materials Emergency Response Reimbursement Act [430 ILCS 55].

"Annual Budget" means the cost to operate an Emergency Response Agency, excluding personnel costs (which include salary, benefits and training expenses) and costs to acquire capital equipment (including, but not limited to, buildings, vehicles and other such major capital cost items).

"Chairman" means the Chair of the Illinois Fire Advisory Commission created by Section 3 of the State Fire Marshal Act [20 ILCS 2905/3].

"Emergency Action" means any action taken at or near the scene of a hazardous materials emergency incident to prevent or minimize harm to human health, to property, or to the environment from the unintentional release of a hazardous material.

"Emergency Response Agency" means a unit of local government, volunteer fire protection organization, or the American Red Cross that provides firefighting services, emergency rescue services, emergency medical services, hazardous materials response teams, technical rescue teams, mass care or assistance to displaced persons or civil defense.

"Expended Materials" includes those replacement items, materials, or supplies that have been utilized, damaged or destroyed (such as foam, absorbents, protective clothing, hoses or other goods) in the mitigation of a hazardous materials incident.

"Fund" means the Fire Prevention Fund created by Section 13.1 of the Fire Investigation Act [425 ILCS 25].

"Hazardous Material" means a substance or material in a quantity and form determined by the United States Department of Transportation to be capable of posing an unreasonable risk to health and safety or property when transported in commerce. These materials are listed in 49 CFR 172 (2015); no later additions or amendments are included.

"Person" means an individual, a corporation, a partnership, an unincorporated association, or any unit of federal, State, or local government.

"Responsible Party" means a person who:

owns or has custody of hazardous materials involved in an incident requiring emergency action by an emergency response agency; or

owns or has custody of bulk or non-bulk packaging or a transport vehicle that contains hazardous materials involved in an incident requiring emergency action by an emergency response agency; and

who causes or substantially contributes to the cause of the incident requiring emergency action. (Section 3 of the Act) This term includes the plural.

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

History

• Source: Amended at 40 Ill. Reg. 12790, effective August 18, 2016

41 Ill. Adm. Code 270.20 Application for Reimbursement

An emergency response agency requesting reimbursement shall meet the following criteria:

a) The emergency response agency must attempt to contact the responsible party in writing for reimbursement prior to applying for reimbursement from the Fund.

b) If, 14 days after the date the notification was mailed to the responsible party, the emergency response agency has not been reimbursed by the responsible party, or the responsible party is not expeditiously cooperating or providing a reasonable effort to reimburse an emergency response agency, or if no responsible party can be identified, the emergency response agency with jurisdiction over the location of the incident requiring emergency action may apply for reimbursement by submitting the following information to OSFM:

1. The Application for Reimbursement form prescribed by OSFM in Appendix A.

A) Only one Application for Reimbursement may be filed per incident by the emergency response agency with jurisdiction over the location of the incident requiring emergency action and reimbursement is limited to the amount specified in Section 270.30(e). The application may be amended by the applicant, if necessary, to add additional eligible costs incurred or discovered after submission of the application to OSFM.

B) Reimbursement costs for separate incidents may not be filed on the same form.

C) An emergency response agency with jurisdiction over the location of the incident requiring emergency action may apply for reimbursement of eligible costs incurred by other emergency response agencies in responding to the same incident if the emergency response agencies have entered into a written mutual aid agreement.

2. No later than 90 days after the date of the incident, the Application for Reimbursement form and documentation required by Appendix A and these regulations shall be submitted to OSFM at 1035 Stevenson Drive, Springfield, Illinois 62703-4259.

c) Applications for reimbursement will not be processed if received more than 90 days after the incident.

History

• Source: Amended at 40 Ill. Reg. 12790, effective August 18, 2016

41 Ill. Adm. Code 270.30 Eligible Costs for Reimbursement

Eligible costs for reimbursement are subject to the following limitations:

a) Replacement of expended materials, including, but not limited to:

1. Specialized firefighting foam or absorbents.

2. Damaged hoses, protective clothing or other damaged equipment.

3. Other reasonable and necessary equipment and/or supplies that have been used, expended, contracted for, damaged or chemically contaminated, and includes disposal or costs for equipment, supplies or materials.

b) Repair or decontamination of equipment.

c) The cost of the incident to the emergency response agency must exceed 2 percent of the emergency response agency's annual budget.

d) A minimum of $500 must have been expended.

e) A maximum of $10,000 may be reimbursed per incident.

f) The response was made to an incident involving hazardous materials facilities such as rolling stock that are not in a terminal and that are not included on the property tax rolls for the jurisdiction where the incident occurred. (Section 5 of the Act)

g) A copy of the approved budget or appropriation ordinance must be submitted with the application and the head the emergency response agency must attest to the accuracy of the information provided.

h) If the application for reimbursement includes costs incurred by an emergency response agency other than the applicant, a copy of the mutual aid agreement between the two emergency response agencies must be submitted.

History

• Source: Amended at 40 Ill. Reg. 12790, effective August 18, 2016

41 Ill. Adm. Code 270.40 Local Budgets (repealed)

History

• Source: Repealed at 40 Ill. Reg. 12790, effective August 18, 2016

41 Ill. Adm. Code 270.50 Review Process

The procedure to reimburse emergency action costs:

a) The emergency response agency with jurisdiction over the location of the incident requiring emergency action must submit a completed Application for Reimbursement form promulgated by OSFM in Appendix A.

b) Upon receipt of an Application for Reimbursement, OSFM will begin a preliminary review of the application and documentation within five working days. If deficiencies are found, OSFM will contact the applicant to resolve the problem.

c) If no deficiencies exist or the emergency response agency does not submit additional information, OSFM will forward the Application for Reimbursement to the Chairman for review.

d) The Chairman, or his or her designee, shall send a copy of the Application for Reimbursement to the Illinois Fire Advisory Commission (see 20 ILCS 2905/3) members for review. At the next scheduled meeting, the Fire Advisory Commission shall vote to approve or disapprove the request. A quorum of members must exist. If necessary, the Chairman has discretion to call an emergency meeting of the Fire Advisory Commission to consider the application. The Fire Advisory Commission will be responsible for:

1. Reviewing claims made against the Fund and determining reasonable and necessary expenses to be reimbursed to an emergency response agency.

2. Affirming that the emergency response agency has made a reasonable effort to recover expended costs from responsible parties.

3. Advising the State Fire Marshal as to those claims against the Fund that merit reimbursement.

e) The State Fire Marshal shall either accept or reject the Fire Advisory Commission's recommendations as to a claim's eligibility. The eligibility decision of the State Fire Marshal shall be a final administrative decision reviewable under the Administrative Review Law [735 ILCS 5/Art. III].

f) If the reimbursement is approved, OSFM will process the reimbursement to the emergency response agency from the Fund. If a partial reimbursement is approved, OSFM will process the reimbursement of the amount approved to the emergency response agency from the Fund.

History

• Source: Amended at 40 Ill. Reg. 12790, effective August 18, 2016

41 Ill. Adm. Code 270.60 Reimbursement to the Emergency Response Agency by Other Sources

In the event the emergency response agency receives payment from any responsible party or the federal government for all or part of any reimbursement, the emergency response agency shall repay the Fund for the amount of that payment or the amount paid by the Fund.

a) The repayment shall be made by check or money order, made payable to the "Office of the State Fire Marshal".

b) Repayment shall be made within 30 days after the date the payment from the other source was received.

c) If the local emergency response agency receives payment from the responsible party while the Application for Reimbursement is being processed by OSFM, the emergency response agency shall immediately notify OSFM.

d) If the emergency response agency is reimbursed by the responsible party for a part of the mitigation costs during the time in which OSFM is processing an application, the emergency response agency shall immediately notify OSFM.

History

• Source: Amended at 40 Ill. Reg. 12790, effective August 18, 2016

41 Ill. Adm. Code 270.70 Reimbursement to the Fund by Other Sources

a) In the event reimbursement is to be made to OSFM, that payment shall be made by check or money order payable to the "Office of the State Fire Marshal".

b) A voluntary contribution to the Fund, or directly to an emergency response agency or a private contractor, does not constitute an admission of responsibility relative to the Act or to any other State or federal laws or regulations. (Section 6 of the Act)

c) If no party to the incident provides reimbursement to the emergency response agency or to the Fund, the State Fire Marshal may request the Attorney General to initiate a civil action to recover costs.

History

• Source: Amended at 40 Ill. Reg. 12790, effective August 18, 2016

41 Ill. Adm. Code 270.80 Panel (repealed)

History

• Source: Repealed at 40 Ill. Reg. 12790, effective August 18, 2016

41 Ill. Adm. Code 270.APPENDIX A Application for Reimbursement Form

Hazardous Materials Emergency Response Reimbursement Application

SECTION 1 – APPLICANT INFORMATION

Organization Name _________________________________________________________________

Address ________________________________________

Phone Number ____________________

Tax Identification Number _________________________

Fax Number ______________________

SECTION 2 – CONTACT INFORMATION

Name ____________________________________________________________________________

Title __________________________________________

Work Phone ______________________

E-Mail ________________________________________

Cell Phone ­______________________

SECTION 3 – RESPONSIBLE PARTY

If the responsible party is unknown, please check this box

Name ____________________________________________________________________________

Address ________________________________________

Phone Number ____________________

---

Fax Number ______________________

Date Notification for Reimbursement Provided to Responsible Party __________________________

SECTION 4 – INCIDENT NARRATIVE

Incident Date ___________________________

(Application must be submitted within 90 days after the incident date)

SECTION 5 – INCIDENT EXPENSES

You may claim expenses for a mutual aid responder if you have a mutual aid agreement. Indicate expenses of mutual aid responders in the column provided below and attach a copy of the mutual aid agreement to this application.

Itemized List of Expenses

Mutual Aid Expense (Y or N)

Qty

Amount

TOTAL (Must equal or exceed $500. If not you are not eligible to apply)

SECTION 6 – REIMBURSEMENT CALCULATION

Line 1: Total Annual Budget*

Line 2: Multiply Line 1 by 2% (Line 1 x 2% = Line 2)

Line 3: Cost of Incident Response (from Section 5)

If Line 3 is less than Line 2, STOP. You are not eligible to apply.

Line 4: Enter the amount from Line 3. If Line 3 is greater than $10,000,

then enter $10,000. This is your reimbursement claim.

• Exclude personnel costs (i.e., salary, benefits, training expenses and any other personnel costs) and costs to acquire capital equipment (i.e., buildings, vehicles and other major capital cost items). A copy of your approved budget or appropriation ordinance must be attached to this application.

SECTION 7 – ATTESTATION AND SIGNATURES

I attest that the information contained in this application is true and accurate to the best of my knowledge. (Signature should be from the head of the organization.)

---

Signature Title Date

---

Print Name

You MUST attach the following documentation to your application:

Copy of an approved budget or appropriation ordinance for your agency

Copy of mutual aid agreements (if applicable)

History

• Source: Added at 40 Ill. Reg. 12790, effective August 18, 2016

Part 280 Fire Equipment Administrative Procedures

41 Ill. Adm. Code 280.10 Definitions

"Act". The Fire Equipment Distributor and Employee Regulation Act of 2000 [225 ILCS 216].

"Board". The Fire Equipment Distributor and Employee Advisory Board created by Section 25 of the Act.

"Distributor License". An annual license issued to a distributor upon submittal of requisite forms designated by the Office and the payment of fees outlined in the Act.

"Employee". A licensee or person who is currently employed by a distributor licensed under the Act, whose full or part-time duties include servicing, recharging, hydro-testing, installing, maintaining or inspecting all types of fire suppression devices or systems other than water sprinkler systems.

"Employee License". A license issued to an employee after submitting an application to the Office, paying the fees outlined in the Act, and successfully passing the requisite examinations. This license is to be renewed annually upon payment of requisite fees.

"Fire Equipment Distributor". Any person, company or corporation that services, recharges, hydro-tests, inspects, installs, maintains, alters, repairs or replaces fire suppression devices or systems, other than water sprinklers. The term does not include a person, company or corporation that only hydro-tests cylinders that store extinguishment materials.

"NAFED". The National Association of Fire Equipment Distributors, 104 South Michigan Avenue, Suite 300, Chicago, Illinois 60603.

"NFPA". The National Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts 02169-7471. The number following the NFPA is the standard number and is followed by the year designating the year of publication (or edition). Where the Office has adopted a standard, no later editions or amendments are included.

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

History

• Source: Amended at 32 Ill. Reg. 4191, effective March 5, 2008

41 Ill. Adm. Code 280.15 Incorporations by Reference

a) All incorporations by reference in this Section are incorporated as of the date specified and contain no later editions or amendments.

b) The following national standards and regulations are incorporated by reference in this Part:

National Fire Protection Association

1 Batterymarch Park

Quincy MA 02169-7471

www:nfpa.org

NFPA 10: Portable Fire Extinguishers (2007)

NFPA 11: Low-, Medium-, and High-Expansion Foam (2005)

NFPA 12: Carbon Dioxide Extinguishing Systems (2008), except Sections 4.7.1 through 4.7.2.4 shall apply only to new or replacement piping and fittings

NFPA 12A: Halon 1301 Fire Extinguishing Systems (2004), except Sections 4.2.1 through 4.2.3.4 shall apply only to new or replacement piping and fittings

NFPA 17: Dry Chemical Extinguishing Systems (2002)

NFPA 17A: Wet Chemical Extinguishing Systems (2002)

NFPA 96: Ventilation Control and Fire Protection of Commercial Cooking Operations (2008)

NFPA 750: Water Mist Fire Protection Systems (2006)

NFPA 2001: Clean Agent Fire Extinguishing Systems (2008)

History

• Source: Added at 32 Ill. Reg. 4191, effective March 5, 2008

41 Ill. Adm. Code 280.20 Fire Equipment Distributor License

No person, fire association or corporation 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.

a) Criteria for Licensure as a Fire Equipment Distributor

1. Any person, company, or corporation that services, recharges, installs, hydro-tests, inspects, maintains, alters, repairs or replaces fire suppression devices or systems, other than water sprinkler systems, shall accomplish the following to become licensed as a Fire Equipment Distributor:

A) Submit a completed application to the Office (this form will be provided by the Office).

B) Submit the annual license fee as follows:

i) Class A Fire Equipment Distributor License to service, recharge, hydro-test, install, maintain or inspect all types of fire extinguishers shall be $100.

ii) Class B Fire Equipment Distributor License to service, recharge, hydro-test, install, maintain or inspect all types of pre-engineered fire suppression systems shall be $200.

iii) Class C Fire Equipment Distributor license to service, repair, hydro-test, inspect or engineer all types of engineered fire suppression systems shall be $300.

C) Provide evidence of registration as an Illinois corporation or evidence of compliance with the Assumed Business Name Act [805 ILCS 405].

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 a copy of the identification number issued to the applicant by the United States Department of Transportation (USDOT) if engaged in hydro-testing and/or visually inspecting fire suppression devices or systems utilizing USDOT specification cylinders.

2. Upon submission of the requisite information and fees, the applicant will be assigned a license number and issued a certificate of licensure. The certificate shall be prominently displayed in the office of the distributor, or in a location where the inspection may readily verify the distributor's compliance with licensing requirements. The certificate will bear the following information:

A) Name and location of distributor

B) License number

C) Classifications as outlined in subsection (a)(1)(B)

D) Expiration date

E) Signature of the State Fire Marshal

b) Renewal of Fire Equipment Distributor License

1. The expiration and renewal dates for each distributor licensed under this Part shall be at one year intervals. The Office will notify the distributor, by issuance of an annual invoice, 30 days prior to the expiration of the license. Failure of licensee to receive the invoice is not a valid reason for operating on an expired license.

2. Failure to renew by the end of the 60 day period following the expiration date shall lapse the license. The lapsed license may not be reinstated until a written application is filed and the renewal and reinstatement fees are paid (see Section 280.50).

3. Renewal and reinstatement fees shall be waived for persons who did not renew while on active duty with the military and who file for renewal or restoration within 1 year after discharge from service.

4. The distributor shall ensure that the information provided under subsection (a) for initial licensure is still correct or shall update any incorrect information and provide any additional information requested.

c) Amending Current Distributor Licenses

1. Any licensed Fire Equipment Distributor that changes its name, address, or business organization (partnership, corporation, sole proprietorship, etc.) shall inform the Office within 10 days, in writing, of such changes and pay any requisite processing fees (see Section 280.50).

2. Adding Classifications

A) Any licensed Fire Equipment Distributor that applies for additional classifications, prior to the expiration date of the currently held license, shall:

i) Submit a completed application that specifies the classifications to be added; and

ii) Submit payment of the fees for the additional classifications, in accordance with subsection (a)(1)(B).

The expiration date of the license the distributor currently holds will remain the same for all classifications of the license, new and existing.

B) Distributors applying to add classifications to their license for the next renewal period shall:

i) Submit a completed application that specifies the classifications to be added; and

ii) Submit payment of the fees for the additional classifications and for the currently licensed classifications, in accordance with subsection (a)(1)(B) and any applicable fees due under Section 280.50.

The expiration date of the added classifications shall be the same as the re-newed license.

History

• Source: Amended at 32 Ill. Reg. 4191, effective March 5, 2008

41 Ill. Adm. Code 280.30 Fire Equipment Distributor Employee License

An individual who is currently employed by a distributor licensed under the Act, whose full or part-time duties include servicing, recharging, hydro-testing, installing, repairing, maintaining or inspecting all types of fire suppression devices and/or systems, other than water sprinkler systems, shall apply for a Fire Equipment Distributor Employee License. No person shall act as a Fire Equipment Distributor employee, 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.

a) License Criteria for Fire Equipment Distributor Employee

1. An individual applying for a Class 1, 2 and/or 3 license as described in Section 40 of the Act shall only be allowed to apply, and be examined, for those classifications that correspond to those of the distributor (see Section 280.20(a)(1)(B)). The individual shall:

A) Submit a completed application on forms provided by the Office;

B) Pay the requisite fees of $20 per classification;

C) Submit 2 1" X 1" photographs; and

D) Register for and pass the certification examinations conducted by the Office through December 31, 2007 and by NAFED thereafter. A copy of the appropriate certificate issued by NAFED must be submitted (see Section 280.40).

2. Upon successful completion of the examination and, after December 31, 2007, the receipt of a copy of the certificate issued by NAFED, the employee shall be licensed by the Office and issued an identification card. This identification card shall be carried at all times the employee is engaged in a licensed activity and shall be made available for inspection by Office personnel upon request.

3. Employees of a distributorship newly created after December 31, 1991 in which no employee holds a license issued by the Office will be subject to the following:

A) Employee shall complete application forms provided by the Office;

B) Employee shall pay the requisite fees of $20 per classification;

C) Employee shall submit 2 1" X 1" photographs;

D) The individual must register and be examined during the Office's next quarterly examination and, after December 31, 2007, must register and be certified by NAFED within 90 days after submitting his/her application form to the Office. Until the individual takes the examination, the Office will issue a letter that shall be carried by the individual. This letter will serve as an interim license and shall expire 30 days after the scheduled quarterly examination date.

E) An individual who fails to successfully complete the examination must then work as a trainee and follow the provisions outlined in 41 Ill. Adm. Code 251.

b) Renewal of Fire Equipment Distributor Employee License

1. The Office will notify the distributor, by issuance of an annual invoice, 30 days prior to the expiration date of the employee license. However, failure to receive the invoice from the Office is not a valid reason for operating on an expired license. The distributor shall return the appropriate copies of the annual invoice, along with the following:

A) Requisite classification fees for the employee, in accordance with subsection (a)(1)(B);

B) 2 1" X 1" photographs of the employee;

C) A signed identification card for the employee (provided by the Office);

D) For an employee licensed by the Office after December 31, 2007, a copy of the employee's current certification or recertification issued by NAFED; and

E) Beginning January 1, 2008, for all licensees not certified by NAFED, evidence of satisfactory completion of continuing education as required by Section 280.55.

F) Effective January 1, 2011, all employees must obtain and maintain a NAFED certification and submit a copy of such certification to renew their license.

2. Failure to renew an employee license by the end of the 90 day period following the expiration date shall lapse the license. The lapsed license may not be reinstated until a written application is filed and the renewal and the reinstatement fees are paid (see Section 280.50).

3. Renewal and reinstatement fees shall be waived for persons who did not renew while on active duty with the military and who file for renewal or restoration within 1 year after discharge from service. (Section 60(c) of the Act)

4. A lapsed license may not be reinstated after 5 years have elapsed, except upon passing an examination (under Section 280.40) and paying the required fees. (Section 60(c) of the Act)

c) Amending Current Employee Licenses

1. Any licensed Fire Equipment Distributor employee who changes a name, address or distributorship shall inform the Office within 10 days, in writing, after the change and pay any requisite processing fees (see Section 280.50).

2. Additional Classifications

A) Any licensed Fire Equipment Distributor employee who applies for additional classifications, prior to the expiration date of the currently held license, shall:

i) Submit a completed application that specifies the classifications to be added;

ii) Submit payment of the fees for the additional classifications, in accordance with subsection (a)(1)(B); and

iii) Register for and successfully complete the requisite examination for the classification to be added.

B) The expiration date of the license the employee currently holds will remain the same for all classifications of the license, new and existing.

d) Termination of Employment

Any licensed employee who terminates employment with the licensed Fire Equipment Distributor under whom the employee holds licensure is subject to the following procedures:

1. The terminated employee shall return to the distributor, within 10 days after termination of employment, the identification card that was issued by the Office;

2. Within 30 days after the termination, the distributor shall notify the Office, in writing, of the termination and return the employee identification card;

3. The identification card and notification letter will be held in file until an application is made on behalf of the employee by another licensed distributor. The expiration date of the employee license shall remain effective and shall be transferred to a new employee license issued under a new distributor. (See Section 280.50 for requisite processing fees.)

e) Failure to Maintain NAFED Certification

The distributor shall notify the Office in writing and return the employee's identification card within 10 days after expiration of the employee's certification issued by NAFED.

History

• Source: Amended at 32 Ill. Reg. 4191, effective March 5, 2008

41 Ill. Adm. Code 280.40 Examinations

a) Examinations will be developed, provided and administered by Office personnel. The Office will schedule examinations at sites throughout the State.

b) The Office will follow the guidelines for testing outlined in 41 Ill. Adm. Code 140.200 when applicable.

c) Examinations will be developed and derived from 41 Ill. Adm. Code 251, the Act and NFPA 10, 11, 12, 12A, 17, 17A, 96, 750 and 2001, as incorporated by Section 280.15.

d) After December 31, 2007, examinations will be developed, provided and administered by NAFED. NAFED will identify the examination dates, time, location and fees.

1. An individual applying for a Class 1 license must be certified by NAFED as a Portable Fire Extinguisher Technician.

2. An individual applying for a Class 2 license must be certified by NAFED as a Pre-Engineered Kitchen Fire Suppression System Technician.

3. An individual applying for a Class 3 license must be certified by NAFED as an Engineered Fire Suppression System Technician.

History

• Source: Amended at 32 Ill. Reg. 4191, effective March 5, 2008

41 Ill. Adm. Code 280.50 Miscellaneous Fees

a) Branch Office Fee. If a Fire Equipment Distributor has more than one office in this State, a branch office license is required. A fee of $50 will be assessed for each branch office license.

b) Office Processing Fees

1. A fee of $50 is required if a check or other order is returned by a financial institution twice because of insufficient funds. An additional fee of $100 shall be imposed for practicing without a current license, if the failure of the check to clear results in lapse of the license.

2. A fee of $20 shall be assessed for replacing a lost license, change of name or address, or the addition of classifications or employees to a distributorship.

3. A reinstatement fee of $50 shall be assessed for any license which has lapsed.

History

• Source: Amended at 38 Ill. Reg. 7942, effective April 15, 2014

41 Ill. Adm. Code 280.55 Continuing Education

a) Beginning January 1, 2008, each employee is required to receive at least 8 hours of continuing education in his or her respective area of licensure to ensure continued qualifications.

b) Continuing education may be conducted by an independent organization that has experience in the subject matter or by the distributor. Continuing education and training may include, but is not limited to, classroom, seminars, or hands-on training that is conducted by the distributor, manufacturer, or third party like NAFED or the NFPA, on subjects that relate to the area of license.

c) The distributor shall document the time, date and subject matter of, and instructor or third party that provided, the training. In addition, the distributor shall maintain information regarding any training provided as continuing education, including the syllabus, outline, lecturer's notes, handouts or any other information that identifies the training provided. This information must be kept on file a period of 3 years.

d) Effective January 1, 2011, the requirements of this subsection shall be met by the requirement that all employees obtain and maintain a NAFED certification.

History

• Source: Added at 32 Ill. Reg. 4191, effective March 5, 2008

41 Ill. Adm. Code 280.60 Complaints, Investigation and Formal Charges

a) Complaints. All complaints concerning violations regarding licensees or unlicensed activity shall be submitted to the Office of the State Fire Marshal, Division of Fire Prevention, in writing, and signed by the complainant.

b) Investigation

1. Allegations of wrong doing on the part of the distributor or its employee shall be investigated by the Office.

2. The Office may summarily suspend a license under the Act, without a hearing, simultaneously with the filing of a formal complaint and notice of hearing if the State Fire Marshal finds that the continued operations of the individual would constitute an immediate danger to the public. In the event the Office suspends a license under this subsection (b)(2), a hearing by the hearing officer designated by the Office shall begin within 20 days after the suspension begins, unless continued at the request of the licensee. (Section 90(b) of the Act)

3. The Office, through the Attorney General, the State's Attorney of any county, any resident of the State, or any legal entity within the State, may apply for injunctive relief in any court to enjoin from practicing a licensed activity:

A) any person who has not been issued a license or whose license has been suspended, revoked or not renewed; or (Section 10 of the Act)

B) any person found to be guilty of the offenses outlined in Section 280.70.

c) Formal Charges

1. Following the investigative process, the Office may file formal charges against the licensee. The formal charges shall, at a minimum, inform the licensee of the facts that make up the basis of the charge and that are specific enough to enable the licensee to defend himself or herself. (Section 85(a) of the Act)

2. Each licensee whose conduct is the subject of a formal charge, if the Office seeks to impose disciplinary action against the licensee, shall be served notice of the formal charge and hearing date at least 30 days before the date of the hearing. (Section 85(b) of the Act)

3. The notice of formal charges shall consist at a minimum of the following information:

A) The time, place and date of the hearing;

B) That the licensee shall appear personally at the hearing and may be represented by counsel;

C) That the licensee shall have the right to produce witnesses and evidence in his or her behalf and shall have the right to cross-examine witnesses and refute evidence produced against him or her;

D) That the hearing could result in disciplinary action being taken against his or her license;

E) That rules for the conduct of these hearings exist and it may be in the licensee's best interest to obtain a copy;

F) That a hearing officer authorized by the State Fire Marshal shall preside at the hearing and, following the conclusion of the hearing, shall make findings of fact, conclusions of law, and recommendations, separately stated, to the State Fire Marshal as to what disciplinary action, if any, should be imposed on the licensee; and

G) That the State Fire Marshal may continue the hearing based on grounds outlined in 41 Ill. Adm. Code 210.80. (Section 85(c) of the Act)

4. Service shall be considered to have been given if the notice was personally received by the licensee or if the notice was mailed certified, return receipt requested, to the licensee at the licensee's last known address as listed with the Office. (Section 85(b) of the Act)

History

• Source: Amended at 32 Ill. Reg. 4191, effective March 5, 2008

41 Ill. Adm. Code 280.65 Administrative Hearing

The hearing, as outlined in 41 Ill. Adm. Code 210.10, for addressing the formal charges shall:

a) Be conducted in conformance with 41 Ill. Adm. Code 210.60.

b) Have a hearing officer present, authorized by the State Fire Marshal (41 Ill. Adm. Code 210.70), who shall preside over the administrative hearing.

c) Any party to the formal charge may, in accordance with 41 Ill. Adm. Code 210.110, request a pre-hearing conference.

d) Appearance at the administrative hearing shall be in conformance with 41 Ill. Adm. Code 210.50.

e) Continuance may be granted by the hearing officer for the grounds outlined in 41 Ill. Adm. Code 210.80.

f) All final administrative decisions of the Office are subject to judicial review pursuant to the provisions of the Administrative Review Law and the rules adopted pursuant to that Law. Such proceedings for judicial review shall be commenced in the circuit court of the county in which the party applying for review resides; but if such party is not a resident of Illinois, the venue shall be in Sangamon County. (Section 100 of the Act)

History

• Source: Amended at 32 Ill. Reg. 4191, effective March 5, 2008

41 Ill. Adm. Code 280.70 Grounds for Revocation, Suspension or Refusal to Issue a License

Licensees subject to the Act shall conduct their practice in accordance with the Act and with 41 Ill. Adm. Code 251 and this Part. Licensees shall be subject to the exercise of the disciplinary sanctions enumerated in Section 280.75 if the State Fire Marshal finds that a licensee is guilty of any of the following or other grounds enumerated in Section 75 of the Act:

a) fraud or material deception in obtaining or renewing a license;

b) professional incompetence as manifested by poor standards of service;

c) engaging in dishonorable, unethical or unprofessional conduct of a character likely to deceive, defraud, or harm the public in the course of professional services or activities;

d) conviction of any crime by a licensee that has a substantial relationship to his or her practice or an essential element of which is misstatement, fraud or dishonesty, or conviction in this or another state of any crime that is a felony under the laws of Illinois or conviction of a felony in a federal court, unless the person demonstrates that he or she has been sufficiently rehabilitated to warrant the public trust;

e) performing any services in a grossly negligent manner or permitting any of his or her licensed employees to perform services in a grossly negligent manner, regardless of whether actual damage or damages to the public are established;

f) habitual drunkenness or habitual addiction to the use of morphine, cocaine, controlled substances, or other habit forming drugs;

g) willfully receiving compensation for any professional services not actually rendered;

h) having disciplinary action taken against his or her license in any other state;

i) making differential treatment against any person to his or her detriment because of race, color, creed, sex, religion, or national origin;

j) engaging in unprofessional conduct;

k) engaging in false or misleading advertising;

l) contracting or assisting unlicensed persons to perform services for which a license is required under the Act;

m) permitting the use of his or her license to enable any unlicensed person or agency to operate as a licensee;

n) performing and charging for services without having authorization to do so from the member of the public being serviced;

o) failure to comply with any provision of the Act or this Part;

p) conducting business regulated by the Act without a currently valid license.

History

• Source: Amended at 32 Ill. Reg. 4191, effective March 5, 2008

41 Ill. Adm. Code 280.75 Sanctions to Be Imposed for Violators

a) The Office shall impose any of the following sanctions, singly or in combination, when it finds that a licensee is guilty of any offense described in Section 90(a) of the Act or Section 280.70 of this Part:

1. Revocation of license;

2. Suspension of license for any period of time;

3. Reprimand or censure;

4. Placement on probationary status and the requirement of submission to any of the following:

A) Report regularly to the Office upon matters that are the basis of the probation;

B) Continuation or renewal of professional education until a satisfactory degree of skill has been attained in those areas that are the basis of the probation; or

C) Such other reasonable requirements or restrictions as are proper;

5. Refusal to issue, renew or restore the license;

6. Revocation of probation that has been granted and imposition of any other discipline in this subsection (a) when the requirements of probation have not been fulfilled or have been violated.

b) Disposition may be made of any formal complaint by consent order between the State Fire Marshal and the licensee, but the Board must be apprised of the full consent order in a timely way. (Section 90(c) of the Act)

c) The Office shall reinstate any license to good standing under this Act, upon recommendation to the Office, after a hearing before the hearing officer authorized by the Office. The Office shall be satisfied that the applicant's renewed practice is not contrary to public interest. (Section 90(d) of the Act)

d) The State Fire Marshal may order a licensee to submit to a reasonable physical examination if his or her physical capacity to practice safely is at issue in a disciplinary proceeding. Failure to comply with a State Fire Marshal order to submit to a physical examination shall render a licensee liable to the summary suspension procedures described in Section 280.60(b)(2). (Section 90(e) of the Act)

e) The Office may conduct hearings and issue cease and desist orders to persons who engage in activities prohibited by the Act without having a valid license, certificate or registration. Any person in violation of a cease and desist order entered by the Office shall be subject to all of the remedies provided by law and, in addition, shall be subject to a civil penalty payable to the parties injured by the violation. (Section 90(f) of the Act)

f) An order of revocation, suspension, placing the license on probationary status or other formal disciplinary action as the Office may deem proper, or a certified copy thereof, over the seal of the Office, and purporting to be signed by the Office, is prima facie proof, but may be rebutted, that:

1. The signature is that of the Office;

2. The Office is qualified to act; and

3. The hearing officer is qualified to act on behalf of the Office. (Section 105 of the Act)

g) Upon the suspension or revocation of a license issued under the Act, a licensee shall surrender the license to the Office. Upon failure to do so, the Office shall seize the license. (Section 110 of the Act)

History

• Source: Amended at 32 Ill. Reg. 4191, effective March 5, 2008

41 Ill. Adm. Code 280.80 Exemptions to Licensing

This Part shall not apply to:

a) An officer or employee of this State, the fire department or fire protection district of any political subdivision of this State while such officer or employee is engaged in the performance of his or her official duties within the course and scope of his or her employment with the State or any political subdivision. However, any such person who offers his or her services as a private fire equipment distributor or employee, or any title where similar services are performed for compensation, fee or other valuable consideration, whether received directly or indirectly, shall be subject to the Act and its licensing requirements. (Section 15(a) of the Act)

b) Any person who engages in hydrostatic testing of fire equipment but does not service, recharge, install, maintain, or inspect that equipment shall not be required to be licensed under the Act. (Section 15(b) of the Act)

c) Any entity regulated by the federal government in which employees of the company engage in such activities incidental to its own business, as long as properly trained.

d) Any person, company or corporation employing 2,000 or more employees within the State of Illinois that engages in these activities incidental to its own business. (Section 5(d) of the Act)

History

• Source: Amended at 32 Ill. Reg. 4191, effective March 5, 2008

Part 290 Fire Truck Revolving Loan Program

41 Ill. Adm. Code 290.10 Definitions

The following definitions are used in this Part:

"Applicant" means a unit of local government, including any municipality, township, township fire department, or special district such as a fire protection district that operates a fire department or provides fire suppression services itself without contracting those services from another entity.

"Authority" means the Illinois Finance Authority created by the Illinois Finance Authority Act [20 ILCS 3501] or its successor agency.

"Board" means the governing body of the entity receiving the loan.

"Brush truck" means a pickup chassis with or equipped with a flatbed or a pickup box. The truck must be rated by the manufacturer as between three-fourths of a ton and one ton and outfitted with a fire or rescue apparatus.

"Committee" means the Loan Application Review Committee established in Section 290.40.

"Fire department" means a fire department, fire protection district or township fire department that is a unit of local government in Illinois that provides fire suppression within a geographical area. For purposes of this Part, "fire department" is defined to include volunteer fire departments and volunteer fire protection districts.

"Fire truck" means an emergency vehicle identified as, but not limited to, a pumper, ladder truck, elevating platform, rescue truck, tanker or squad truck.

"Funding date" means the date on which a zero-interest or low-interest loan is closed and funded.

"Low-interest loan" means a loan with a rate of interest lower than commercially available.

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

"Program" means the Illinois Fire Truck Revolving Loan Program.

"Recipient" means an applicant that has successfully applied for and received all required approvals from the Office and the Authority, agreed to and executed loan documentation prepared by the Authority, and closed and funded its fire truck or brush truck loan.

History

• Source: Amended at 39 Ill. Reg. 5783, effective April 7, 2015

41 Ill. Adm. Code 290.15 Severability

If any Section, subsection, sentence or clause of this Part shall be held by a court of competent jurisdiction to be invalid, that holding shall not affect the remaining portions of this Part.

History

• Source: Added at 39 Ill. Reg. 5783, effective April 7, 2015

41 Ill. Adm. Code 290.20 Purpose and Eligibility

a) The Office and the Authority will jointly administer this Program to provide zero-interest loans or low-interest loans to finance or reimburse all or a portion of the cost of purchasing fire trucks or brush trucks by a fire department. The Office will recommend loan awards to the Authority based on equipment needs, financial need, how recently the applicant has received a previous loan under this Program, and the applicant's participation in the National Fire Incident Reporting System (NFIRS). Loan awards will be made by the Authority under its guidelines of creditworthiness (see 74 Ill. Adm. Code 1100.817).

b) Applicants that are required by Section 6 of the Fire Investigation Act [425 ILCS 25/6] to report fires to the Office must also have participated in NFIRS for a minimum of two years immediately prior to the date of the loan application in order to be eligible for a loan under the Program. Fire departments that are for-profit entities, non-profit entities, associations or not-for-profit corporations (i.e., that are not governmental bodies) are not eligible to apply for a loan under this Program. Units of local government that do not operate fire departments are similarly not eligible (e.g., a municipality that contracts for fire suppression from another municipality or fire district).

History

• Source: Amended at 39 Ill. Reg. 5783, effective April 7, 2015

41 Ill. Adm. Code 290.30 Eligible Expenditures

The Program provides zero-interest loans or low-interest loans to fire departments to finance or reimburse the purchase of fire trucks or brush trucks up to a maximum of $350,000 per department per fiscal year. Loans to fire departments for brush trucks shall not exceed $100,000 per truck per fiscal year [20 ILCS 3501/825-80]. Loan proceeds may be used to pay off a loan that was obtained no more than one year prior to the receipt of a loan under this Program if the loan being paid off was obtained to purchase the fire truck or brush truck that is the subject of the application that was approved under this Program.

History

• Source: Amended at 39 Ill. Reg. 5783, effective April 7, 2015

41 Ill. Adm. Code 290.40 Loan Application Review Committee

The State Fire Marshal shall appoint a Loan Application Review Committee to determine, as described in Section 290.55, which eligible applicants will be recommended to the Authority to receive a loan under this Program to finance or reimburse the purchase of a fire truck or brush truck.

a) The Committee shall consist of the following nine members, who shall also serve as the Loan Application Review Committee for the Fire Station Revolving Loan Program and the Ambulance Revolving Loan Program:

1. The State Fire Marshal, or his or her designee, as Chair;

2. Three Fire Chiefs (one each from a volunteer department, a combination department and a career/municipal fire department);

3. One representative from the Associated Fire Fighters of Illinois;

4. Two representatives from the Illinois banking community (one from the Community Bankers Association of Illinois and one from the Illinois Bankers Association);

5. One member who is a volunteer firefighter; and

6. One member from the Illinois Association of Fire Protection Districts.

b) The Authority's Chief Financial Officer, or his or her designee, will serve as an ex officio member of the Committee for the purpose of reviewing loan documentation to ensure that all documents necessary for the Authority to conduct its loan review are present.

c) Members shall serve without salary, but may receive reimbursement for reasonable expenses from the Office from appropriations for those purposes.

d) All members shall have one vote except for the Chair and the Authority's Chief Financial Officer or his or her designee. The Chair shall only vote to break a tie.

e) Members shall serve a term of four years, with two members' terms expiring each year. Members shall be appointed for initial terms as follows: two members shall serve terms of one year; two members shall serve terms of two years; two members shall serve terms of three years; and two members shall serve terms of four years. The allocation of initial terms shall be determined by a random drawing.

f) At the expiration of their initial terms of office, the members (or their successors) shall be appointed for terms of four years each. Upon the expiration of a member's term of office, the State Fire Marshal shall reappoint that member, or appoint a successor who is a representative of the same interests with which his or her predecessor was identified.

g) The State Fire Marshal may, at any time, remove any of the respective appointees for inefficiency or neglect of duty in office. In these instances, the State Fire Marshal shall fill the vacancy for the remainder of the unexpired term by appointing a member who is a representative of the same interests with which his or her predecessor was identified. Upon the death or incapacity of a member, the State Fire Marshal shall fill the vacancy for the remainder of the unexpired term by appointing a member who is a representative of the same interests with which his or her predecessor was identified.

h) Regular meetings of the Committee shall occur as often as deemed necessary by the Chair, at a date, time and place to be fixed by the Committee (or by the Chair, should he or she call for the meeting) and at such additional times as the Committee deems necessary, for the consideration of loan applications, reviews, and Requests for Reconsideration, and the transaction of any other business as properly may come before it.

i) A quorum shall be a majority of the appointed positions that have been filled by appointment. Unfilled positions shall not be counted.

j) No Committee member affiliated with a fire department that has a pending application for a loan under this Program shall participate in the review of that fire department's application.

k) Members of the Committee are required to participate in annual ethics training. Upon completion of the ethics training program, members of the Committee must certify that they have completed the training program.

l) Members of the Committee are required to execute a confidentiality statement agreeing not to disclose any information gained during the course of their service on the Committee.

History

• Source: Amended at 39 Ill. Reg. 5783, effective April 7, 2015

41 Ill. Adm. Code 290.50 Application Procedure and Content

a) Subject to the availability of funds, the Office will send a notification to all fire departments of fund availability and post application forms for zero-interest loans and low-interest loans under this Program on the Office's website at www.sfm.illinois.gov. The application form shall identify the information applicants must include in their loan requests and shall require that the loan application be returned to the Office no later than the date specified in the application form. Applications shall be returned to the Office of the State Fire Marshal, Attention: Fire Truck Revolving Loan Program, 1035 Stevenson Drive, Springfield, Illinois 62703-4259.

b) Each loan application shall include the following components:

1. A completed application form supplied by the Office and signed by the duly authorized officers of the Board.

2. A description of the applicant's need for the proposed fire truck or brush truck in light of the resources available to the fire department.

3. Identification of the personnel to serve as contacts for information.

4. Budget information, including detailed information on income, expenditures and the source of loan repayment funds. If repayment plans are based on charitable contributions (local fundraisers, for example), the applicant must provide a history of amounts raised in prior years. (See 74 Ill. Adm. Code 1100.825.)

5. Certifications and assurances as the Office and/or Authority may require.

6. Any other information requested by the Office or the Authority to aid that agency in making its determination under this Program.

c) Applications received at the Office shall be logged in as received and assigned an application identification number.

d) Applications shall be assessed by blind review, meaning the Committee shall not see the name, address or any specific information that identifies the applicant.

e) The Office will forward those loan applications recommended for approval to the Authority for review under its guidelines of creditworthiness (see 74 Ill. Adm. Code 1100.817). The Authority, after completion of its review, will notify the Office of the loan applications it will approve. The Office will then notify the applicants.

f) Applicants that are delinquent on a previous loan funded through this Program will be automatically disqualified from funding under this Program, and other loan programs administered by the Office, until any loan repayment delinquency has been cured.

History

• Source: Amended at 39 Ill. Reg. 5783, effective April 7, 2015

41 Ill. Adm. Code 290.55 Criteria for Review of Loan Applications

a) Applicants receiving a loan in previous loan application cycles will not be considered until one of the following conditions has been met:

1. all applicants that have never received a loan have been considered; or

2. the previous loan received by the applicant has been repaid.

b) Applicants that have not achieved compliance with Section 290.20(b) or that have submitted incomplete loan applications will not be considered.

c) Applicants will be ranked by the Loan Application Review Committee based on the application, any supporting documentation and a narrative that describes the applicant's:

1. financial need (0-35 points based on factors that include, but are not limited to, the amount and type of financial resources available to the applicant; the size of the applicant's operating budget; the demographics of the applicant's response area; and the ability of the applicant to access other sources of revenue); and

2. equipment need (0-65 points based on factors that include, but are not limited to, whether the current equipment is in need of major repair or replacement; whether the current equipment is out-of-date or unsafe; whether the new equipment would be necessary to restore, maintain or add to response capabilities; and the appropriateness of the new equipment based on demographics of the applicant's response area).

d) If the applicant does not demonstrate sufficient annual revenue to allow the applicant to repay the loan under the terms required, the Office will not recommend, nor will the Authority approve, the application based on the lack of ability to repay.

History

• Source: Added at 39 Ill. Reg. 5783, effective April 7, 2015

41 Ill. Adm. Code 290.60 Request for Reconsideration

a) The Office will notify by First Class U.S. Mail those applicants whose loans were denied by the Authority.

b) The applicant has 30 calendar days from the date of the postmark on the notice to forward to the Committee a Request for Reconsideration.

c) The Request for Reconsideration shall be sent to the Office of the State Fire Marshal, Attention: Fire Truck Revolving Loan Program, 1035 Stevenson Drive, Springfield, Illinois 62703-4259.

d) The Request for Reconsideration may be accompanied by supporting documents and information not previously considered by the Committee or Authority. The Committee or, if appropriate, the Authority shall review the Request for Reconsideration. A denial of the Request for Reconsideration shall be final. While a Request for Reconsideration is pending, the application that is the subject of the Request for Reconsideration shall be deemed denied.

History

• Source: Amended at 39 Ill. Reg. 5783, effective April 7, 2015

41 Ill. Adm. Code 290.70 Repayment Procedures

Loan repayment shall be made in accordance with 74 Ill. Adm. Code 1100.825.

History

• Source: Amended at 39 Ill. Reg. 5783, effective April 7, 2015

41 Ill. Adm. Code 290.80 Recordkeeping and Recovery of Funds

a) The loan recipient shall provide to the Authority and the Office proof of use of loan proceeds.

b) In the event of default that is not cured within 90 calendar days, the Office will notify the Office of the Comptroller to deduct the amount owed from any payments from other State agencies in accordance with the State Comptroller Act [15 ILCS 405/10.05]. In addition, the Office and/or the Authority may avail itself of all remedies, rights and provisions of law applicable in the circumstances, and the failure to exercise or exert any rights or remedies provided by law may not be raised as a defense by the recipient in default.

History

• Source: Amended at 39 Ill. Reg. 5783, effective April 7, 2015

41 Ill. Adm. Code 291.10 Definitions

The following definitions apply to terms used in this Part:

"Ambulance Service" means a not-for-profit emergency medical service provider or a unit of local government that provides emergency medical service within a geographical area. An ambulance service shall be a volunteer, non-profit, stand alone emergency medical service provider not tied in any financial or legal manner to a fire department.

"Committee" means the Grant Applications Review Committee established in Section 291.50.

"Fire Department" means a fire department, fire protection district or township fire department that is a unit of local government in Illinois that provides fire suppression within a geographical area. For purposes of this Part, fire department is defined to include volunteer fire departments and volunteer fire protection districts.

"Fire Department Identification Number" or "FDID" means the unique identification number issued by the Office to fire departments that register for participation in the U.S. Fire Administration's incident reporting system.

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

"Program" means the Small Equipment Grant Program.

"Small Equipment" means small tools and equipment that are stored or carried on fire protection vehicles or ambulances that respond to emergency incidents, such as extrication tools, hose and/or appliances, overhaul tools, forcible entry tools, communications equipment, self-contained breathing apparatus, portable generators, defibrillators and portable foam equipment. Small equipment shall also mean equipment used by firefighters, such as personal protective equipment, communications equipment, PASS devices, or equipment used in the station for emergency purposes, such as foam storage devices or portable foam equipment stored in the station for use in a large scale emergency.

"Units of Local Government" means counties, municipalities, townships, special districts, and units, designated as units of local government by law, which exercise limited governmental powers or powers in respect to limited governmental subjects, but does not include school districts. Ill. Const. 1970, Art. VII, Sect. 1

History

• Source: Amended at 50 Ill. Reg. 10931, effective August 1, 2026

41 Ill. Adm. Code 291.20 Purpose

The Office shall administer a program to provide grant funds for the purchase of small equipment by a fire department or ambulance service. The Office shall determine grant awards based on equipment needs, financial need, and how recently the applicant has received a grant under this program. Grants for the purchase of small equipment shall not exceed $50,000 in any single fiscal year to any fire department or ambulance service.

History

• Source: Amended at 50 Ill. Reg. 10931, effective August 1, 2026

41 Ill. Adm. Code 291.30 Eligibility

a) Fire department applicants must have participated in the incident reporting system for fire incidents established by the U.S. Fire Administration (National Fire Incident Reporting System (NFIRS) or the National Emergency Response Information System (NERIS)) for a minimum of two years prior to the application for the small equipment grant, except that fire departments that were issued a Fire Department Identification Number by the Office less than two years prior to the application are eligible to apply for a small equipment grant if they participated in such incident reporting system since the date their FDID was issued by the Office.

b) The applicant must have an active registration under the Grant Accountability and Transparency Act (GATA) [30 ILCS 708] and a status of "qualified" on the GATA Grantee Portal (https://grants.illinois.gov/portal) at the time the application is submitted. The applicant must also have its own FEIN issued by the Internal Revenue Service for federal income tax purposes.

c) Fire protection entities that are not a unit of local government are not eligible to apply for a grant under this program.

d) Units of local government that do not operate fire departments or ambulance services are eligible for grants under this program (e.g., a municipality that contracts for fire suppression or emergency medical service from another municipality, fire protection district, or for-profit or not-for-profit business); however, if a unit of local government contracts for fire protection service or emergency medical service from another unit of local government that has applied for a grant under this program, the unit of local government contracting to receive the services is prohibited from receiving a grant under this program.

e) For-profit ambulance or emergency medical services are not eligible to apply.

History

• Source: Amended at 50 Ill. Reg. 10931, effective August 1, 2026

41 Ill. Adm. Code 291.35 Use of Grant Monies

A recipient of a small equipment grant under this Part may use the grant monies for the purchase or reimbursement of purchase of small equipment as approved in the award letter.

History

• Source: Added at 50 Ill. Reg. 10931, effective August 1, 2026

41 Ill. Adm. Code 291.40 Grant Application Procedure and Content

a) Application Procedure

1. Subject to the availability of appropriated funds, the Office will make a link to an application for small equipment grants under this program available on its website.

2. A completed application shall be electronically signed by the duly authorized officers of the applicant.

3. Applications shall be submitted electronically utilizing the State grant application system by the deadline specified for the grant cycle.

4. Applications received by the Office shall be logged in as received and assigned an application number.

b) Application Content

Each grant application shall include the following information:

1. Identifying information for the applicant, including the applicant's fire department or ambulance service and unit of local government, if applicable.

2. A detailed description of the applicant's need for the proposed small equipment.

3. Name and contact information for the fire department, ambulance service or local government personnel to serve as contacts for the application.

4. Information regarding the applicant's two most recent budgets.

5. Any other information or documentation the Office may require to demonstrate or support the information submitted by the applicant or to otherwise determine the applicant's eligibility under this Part.

c) Review of Applications

Applications shall be assessed by blind review, meaning the Committee shall not see the name, address or any specific information that identifies the applicant. The Committee shall review and score the applications based on assessment of need and information provided in the grant application.

d) Grant Award

After the Committee reviews and scores the applications, the Office will, subject to appropriation, award a grant to the highest scoring applicants. If, for any reason, a successful applicant is unable to fulfill the terms of the grant or withdraws the request after it has been approved, then the next highest scoring applicant without a grant will be offered a grant.

History

• Source: Amended at 50 Ill. Reg. 10931, effective August 1, 2026

41 Ill. Adm. Code 291.50 Grant Applications Review Committee

a) The State Fire Marshal shall appoint a Grant Applications Review Committee to determine which applicants will receive grants and the amount of the grant.

b) The Committee shall consist of the following seven members:

1. The State Fire Marshal, or the State Fire Marshal's designee, as Chair;

2. Three current or former Fire Chiefs or other officers of a fire department (one from a volunteer fire department, one from a combination fire department and one from a career/municipal fire department). For purposes of this subsection, "officer" refers to a fire department member who holds or has held a position at the managerial or administrative level and has at least 10 years of fire service experience;

3. One representative from the Associated Fire Fighters of Illinois;

4. One member who is a current or former volunteer firefighter; and

5. One member representing the Illinois Association of Fire Protection Districts.

c) Members shall serve without salary, but may be reimbursed for reasonable expenses by the Office from appropriations for that purpose.

d) Members shall serve a term of four years.

e) Upon the expiration of a member's term, the State Fire Marshal may reappoint that member or appoint a successor who is a representative of the same interests with which the member's predecessor was identified.

f) Replacement of a Member

1. The State Fire Marshal may, at any time, remove any of the respective appointees for inefficiency or neglect of duty in office. The reasons for removal must be stated in writing.

2. A member shall continue to serve only as long as the member holds the position that made that individual eligible to serve under the criteria prescribed by subsection (b).

3. In the instances described in subsections (f)(1) and (2), or upon the death or incapacity of a member, the State Fire Marshal shall fill the vacancy for the remainder of the unexpired term by appointing a member who is a representative of the same interests with which the member's predecessor was identified.

g) Meetings of the Committee shall occur as often as deemed necessary by the Chair, at a date, time and place to be fixed by the Committee (or by the Chair, should the Chair call for the meeting) and at such additional times as the Committee deems necessary to consider any business as may properly come before it.

h) A quorum shall be a majority of the appointed positions that have been filled by appointment. Unfilled positions shall not be counted.

i) Committee members must comply with the applicable conflict of interest provisions contained in the GATA administrative rules (44 Ill. Adm. Code 7000).

j) Members of the Committee are required to participate in all mandatory annual trainings, including, but not limited to, ethics and harassment and discrimination prevention training. Upon completion of the required training programs, members of the Committee must certify that they have completed the training programs.

k) Committee members must comply with the applicable confidentiality provisions contained in the GATA administrative rules (44 Ill. Adm. Code 7000). Members of the Committee are also required to execute a confidentiality statement agreeing not to disclose any information gained during the course of their service on the Committee.

History

• Source: Amended at 50 Ill. Reg. 10931, effective August 1, 2026

41 Ill. Adm. Code 291.55 Prescreening of Grant Applications by the Office

The Office will conduct a prescreening of all grant applications received by the deadline to identify applicants with the greatest need as determined under this Section. The steps of this prescreening are provided in this Section.

a) The Office will evaluate whether each application was received by the deadline, whether the applicant has met the eligibility requirements of Section 291.30 as of the application deadline date, and whether the applicant has fully completed all sections of the application. Only those applicants that meet the conditions of this subsection (a) will receive further consideration.

b) To assist the Committee in making final determinations of grant awards, the Office will then rank complete applications of eligible applicants using the following criteria:

1. The Office will use information provided by the applicant on its operating budget, square miles served and population served in developing a ranking of financial need.

2. The Office will divide each applicant's budget by the square miles served to determine the applicant's budget per square mile and will rank the applicants lowest to highest.

3. The Office will divide each applicant's budget by the population served to determine the applicant's budget per person and will rank the applicants lowest to highest.

4. The Office will then average the two rankings of each applicant to reach an overall ranking.

c) Applicants that have received a grant from the Office during the previous five grant cycles under this program will be ranked against each other according to the criteria in subsection (b), but this group of applicants will be ranked below all applicants that have not received a grant during the previous five grant cycles under this program.

d) Using the ranking criteria identified in subsections (b) and (c), the Office will rank the applications. Based upon the grant amount requested by each applicant, the Office will provide the Committee with complete application information for the top ranked applications totaling at least 1½ times the amount of available appropriations for the Committee's determination for that grant cycle.

History

• Source: Amended at 50 Ill. Reg. 10931, effective August 1, 2026

41 Ill. Adm. Code 291.60 Criteria for Review of Grant Applications

The Committee will consider the following criteria and assign point totals when determining grant recipients. The Committee will only consider applications provided by the Office in accordance with Section 291.55.

a) Equipment Need − 0-50 points

1. Whether the requested item is eligible for grant funding.

2. Whether the applicant currently owns the requested item.

3. Whether the requested item can be borrowed, rented, or shared on a consistent and financially sustainable basis or the requested item addresses a unique need for the applicant's service area.

4. Whether the requested item would affect response time, public safety, or operations of the applicant.

5. Whether the requested item responds to or accounts for community growth or service expansion.

b) Financial Need − 0-50 points

1. Evaluation of the applicant's available annual operating budget.

2. Whether the cost of the requested item is prohibitively expensive relative to the applicant's budget.

3. Whether other funding sources are available to acquire the requested item.

History

• Source: Amended at 50 Ill. Reg. 10931, effective August 1, 2026

41 Ill. Adm. Code 291.70 Terms and Conditions of Grant Agreement

An applicant that has been approved to receive a grant under this program must enter into a grant agreement with the Office. The grant agreement shall contain, at a minimum, the following terms:

a) Grant recipients may receive advance payment for part or all of the purchase of equipment as approved as part of the grant application.

b) Grant funds shall be used exclusively for the purposes listed in Section 291.20 and shall be expended in accordance with the applicable provisions of this Part, the Grant Accountability and Transparency Act [30 ILCS 708], the GATA administrative rules (44 Ill. Adm. Code 7000), and the grant agreement. The grant recipient must immediately disclose in writing any potential or actual conflicts of interest to the Office relating to the use or expenditure of grant funds.

c) In the event that all or a portion of the grant funds are not expended in the manner approved, the grant recipient, upon written notification from the Office, shall refund the amount of the grant award or applicable portions as listed in the written notification. Recovery of grant funds shall be accomplished in accordance with the Illinois Grant Funds Recovery Act [30 ILCS 705].

d) Use of grant funds shall be accounted for in accordance with standard accounting practices and the applicable provisions of the Grant Accountability and Transparency Act [30 ILCS 708] and the GATA administrative rules (44 Ill. Adm. Code 7000). The grant recipient shall provide documentation concerning the purchase of the equipment as specified in the grant application, the cost of the equipment and the delivery of the equipment to the grant recipient by the vendor.

e) The grant recipient shall keep adequate records relating to its administration of the grant, particularly relating to all incurred costs. These records shall be available for audit by appropriate personnel within or on behalf of the Office and the State Auditor General. All records shall be retained in accordance with the applicable provisions of the Grant Accountability and Transparency Act [30 ILCS 708], the GATA administrative rules (44 Ill. Adm. Code 7000), and the State Records Act [5 ILCS 160]. Grant recipients shall submit to the Office a final expenditure report detailing how the grant proceeds were used. This final expenditure report shall be submitted in accordance with Section 291.90(a).

f) The grant recipient is responsible for monitoring possession, use, condition and final disposition of the items purchased with grant funds.

g) Grant funds shall be included in the grant recipient's budget.

h) The availability of grant funds is subject to availability of appropriated State funds.

i) All financial records relating to purchased equipment must be maintained and retained, in accordance with the Grant Funds Recovery Act [30 ILCS 705] and the State Records Act [5 ILCS 160], by the grant recipient for possible State audit after final reimbursement payment is made by the Office.

j) Any other terms or requirements specified in the Notice of Funding Opportunity issued by the Office.

History

• Source: Amended at 50 Ill. Reg. 10931, effective August 1, 2026

41 Ill. Adm. Code 291.75 Disbursement of Grant Funds

Grant funds are distributed upon execution of the grant agreement.

History

• Source: Added at 50 Ill. Reg. 10931, effective August 1, 2026

41 Ill. Adm. Code 291.80 Appeals Process

a) Those applicants whose grant applications are denied shall be notified by electronic mail.

b) The applicant has 14 calendar days from the date of publication of the grant award to submit an appeal on an electronic form prescribed by the Office. The appeal must include, at a minimum:

1. The name and address of the appealing party;

2. The name of the grant; and

3. A statement of reasons for the appeal.

c) Appeals by applicants are limited to the evaluation process. Evaluation scores may not be protested.

d) Appeals Review Officer (ARO). The State Fire Marshal or a designee may appoint one or more AROs to consider the grant-related appeals and make a recommendation to the State Fire Marshal or designee.

e) The appeal of a denial of a requested grant may be accompanied by supporting documents and information not previously considered by the Committee. The Office shall acknowledge receipt of the appeal within 14 calendar days after receiving the appeal.

f) The Office shall respond to the appeal within 60 calendar days after receipt of the appeal. If additional time is required for review of the appeal, the applicant shall be notified in writing, which shall include an explanation of why additional time is required.

g) Stay of Grant Agreement/Contract Execution

When an appeal is received, the execution of the grant in contention shall be stayed until either:

1. The appeal is resolved; or

2. The State Fire Marshal or designee determines that the needs of the State require that the grant program move forward despite the appeal. This determination, and its rationale, must be documented in writing.

h) The ARO shall make a recommendation to the State Fire Marshal or designee as quickly as possible after receiving all relevant and requested information.

i) In determining this recommendation, the ARO shall consider the integrity of the discretionary grant process and the impact of the recommendation on the Office.

j) The Office shall resolve the appeal through a written determination. This determination shall include, but not be limited to, the following:

1. Review of the appeal;

2. Appeal determination; and

3. Rationale for the determination.

k) Effect of Judicial Proceedings

If an action concerning the appeal has commenced in a court or administrative body, the State Fire Marshal or designee may defer resolution of the appeal pending the judicial or administrative determination.

l) The Office shall maintain a file of the grantmaking process that includes the written determination of grant issuance, grant application and requirements. The grantmaking file shall be available for audit-related purposes.

History

• Source: Amended at 50 Ill. Reg. 10931, effective August 1, 2026

41 Ill. Adm. Code 291.90 Grant Close Out

a) Grant recipients shall submit to the Office a final expenditure report detailing how the grant proceeds were used. This final expenditure report, to be submitted utilizing the state grant application system, shall be due not later than nine months after the conclusion of the grant period. Documentation in the final expenditure report must include, at a minimum, copies of paid invoices or cancelled checks, or any other documentation that may be requested by the Office.

b) The Office will notify the grant recipient that a final expenditure report is due 60 calendar days prior to the report due date.

c) The Office may extend the final expenditure report due date due to extenuating circumstances. If the Office extends the report due date, the Office shall justify the extension in writing. A final expenditure report due date may only be extended one time.

d) If a final expenditure report is not submitted within 15 business days after the original or extended due date, the Office shall withhold payments of any remaining grant funds from the grant award to the grant recipient until the reporting requirements are fulfilled. The Office shall also notify the grant recipient that required reporting is past due and that failure to promptly complete required reporting will result in the grant recipient being placed on the Illinois Stop Payment List. The notification shall include contact information for the Office's contact person for Stop Payment Status inquiries.

e) If the report is not submitted within 30 business days after the original or extended due date, the Office shall place the grant recipient in temporary Stop Payment Status on the Illinois Stop Payment List.

f) Grant recipients shall return any unused grant funds per the requirements outlined in the Illinois Grant Funds Recovery Act [30 ILCS 705].

History

• Source: Added at 50 Ill. Reg. 10931, effective August 1, 2026

41 Ill. Adm. Code 291.100 Compliance Requirements

Grant recipients shall comply with all Grant Accountability and Transparency Act [30 ILCS 705] and GATA administrative rules (44 Ill. Adm. Code 7000) requirements as outlined in the grant agreement.

History

• Source: Added at 50 Ill. Reg. 10931, effective August 1, 2026

Chapter I Office of the State Fire Marshal

Part 292 Ambulance Revolving Loan Program

41 Ill. Adm. Code 292.10 Definitions

The following definitions are used in this Part:

"Ambulance" means an on-road vehicle that is specifically designed, constructed or modified and equipped, and is intended to be used for, and is maintained and operated for, the emergency transportation of persons who are sick, injured, wounded or otherwise incapacitated or helpless.

"Applicant" means a not-for-profit emergency medical service provider or a unit of local government (township fire department, fire protection district or municipal fire department) that provides emergency medical service within a geographical area. Applicants may be either paid or volunteer not-for-profit or governmental emergency medical service providers.

"Authority" means the Illinois Finance Authority created by the Illinois Finance Authority Act [20 ILCS 3501] or its successor agency.

"Board" means the governing body of the entity receiving the loan.

"Committee" means the Loan Application Review Committee established in Section 292.40.

"Funding date" means the date on which a zero-interest or low-interest loan is closed and funded.

"Low-interest loan" means a loan with a rate of interest lower than commercially available.

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

"Program" means the Illinois Ambulance Revolving Loan Program.

"Recipient" means an applicant that has successfully applied for and received all required approvals from the Office and the Authority, agreed to and executed loan documentation prepared by the Authority, and closed and funded its ambulance loan.

History

• Source: Amended at 39 Ill. Reg. 5797, effective April 7, 2015

41 Ill. Adm. Code 292.15 Severability

If any Section, subsection, sentence or clause of this Part shall be held by a court of competent jurisdiction to be invalid, that holding shall not affect the remaining portions of this Part.

History

• Source: Added at 39 Ill. Reg. 5797, effective April 7, 2015

41 Ill. Adm. Code 292.20 Purpose and Qualifications

a) The Office and the Authority will jointly administer this Program to provide zero-interest loans or low-interest loans to finance or reimburse all or a portion of the cost of purchasing an ambulance or ambulances by a not-for-profit emergency medical service or a unit of local government (township fire department, fire protection district or municipal fire department) that provides emergency medical service to a geographic area.

b) The Office will recommend loan awards to the Authority based on equipment needs, financial need, how recently the applicant has received a previous loan under this Program, and the applicant's participation in the National Fire Incident Reporting System (NFIRS). Loan awards will be made by the Authority under its guidelines of creditworthiness (see 74 Ill. Adm. Code 1100.917).

c) Applicants that are required by Section 6 of the Fire Investigation Act [425 ILCS 25/6] to report fires to the Office must also have participated in NFIRS for a minimum of two years immediately prior to the date of the loan application in order to be eligible for a loan under the Program.

d) Fire departments or emergency medical service providers that are for-profit entities are not eligible to apply for a loan under this Program. Units of local government that do not provide emergency medical services are similarly not eligible (e.g., a municipality that contracts for emergency medical services from another municipality or fire district).

History

• Source: Amended at 39 Ill. Reg. 5797, effective April 7, 2015

41 Ill. Adm. Code 292.30 Eligible Expenditures

The Program provides zero-interest loans or low-interest loans to applicants to finance or reimburse the purchase of ambulances up to a maximum of $200,000 per recipient per fiscal year [20 ILCS 3501/825-85]. Loan proceeds may be used to pay off a loan that was obtained no more than one year prior to the receipt of a loan under this Program if the loan being paid off was obtained to purchase the ambulance that is the subject of the application that was approved under this Program.

History

• Source: Amended at 42 Ill. Reg. 13621, effective July 1, 2018

41 Ill. Adm. Code 292.40 Loan Application Review Committee

The State Fire Marshal shall appoint a Loan Application Review Committee to determine, as described in Section 292.60, which eligible applicants will be recommended to the Authority to receive a loan under this Program to finance or reimburse the purchase of an ambulance.

a) The Committee shall consist of the following nine members, who shall also serve as the Loan Application Review Committee for the Fire Truck Revolving Loan Program and the Fire Station Revolving Loan Program:

1. The State Fire Marshal, or his or her designee, as Chair;

2. Three Fire Chiefs (one each from a volunteer department, a combination department and a career/municipal fire department);

3. One representative from the Associated Fire Fighters of Illinois;

4. Two representatives from the Illinois banking community (one from the Community Bankers Association of Illinois and one from the Illinois Bankers Association);

5. One member who is a volunteer firefighter; and

6. One member from the Illinois Association of Fire Protection Districts.

b) The Authority's Chief Financial Officer, or his or her designee, will serve as an ex officio member of the Committee for the purpose of reviewing loan documentation to ensure that all documents necessary for the Authority to conduct its loan review are present.

c) Members shall serve without salary, but may receive reimbursement for reasonable expenses from the Office from appropriations for those purposes.

d) All members shall have one vote, except for the Chair and the Authority's Chief Financial Officer or his or her designee. The Chair shall only vote to break a tie.

e) Members shall serve a term of four years, with two members' terms expiring each year. Members shall be appointed for initial terms as follows: two members shall serve terms of one year; two members shall serve terms of two years; two members shall serve terms of three years; and two members shall serve terms of four years. The allocation of initial terms shall be determined by a random drawing.

f) At the expiration of their initial terms of office, the members or their successors shall be appointed for terms of four years each. Upon the expiration of a member's term of office, the State Fire Marshal shall reappoint that member, or appoint a successor who is a representative of the same interests with which his or her predecessor was identified.

g) The State Fire Marshal may, at any time, remove any of the respective appointees for inefficiency or neglect of duty in office. In these instances, the State Fire Marshal shall fill the vacancy for the remainder of the unexpired term by appointing a member who is a representative of the same interests with which his or her predecessor was identified. Upon the death or incapacity of a member, the State Fire Marshal shall fill the vacancy for the remainder of the unexpired term by appointing a member who is a representative of the same interests with which his or her predecessor was identified.

h) Regular meetings of the Committee shall occur as often as deemed necessary by the Chair, at a date, time and place to be fixed by the Committee (or by the Chair, should he or she call for the meeting) and at such additional times as the Committee deems necessary, for the consideration of loan applications, reviews, and Requests for Reconsideration, and the transaction of any other business as properly may come before it.

i) A quorum shall be a majority of the appointed positions that have been filled by appointment. Unfilled positions shall not be counted.

j) No Committee member affiliated with an applicant that has a pending application for a loan under this Program shall participate in the review of that application.

k) Members of the Committee are required to participate in annual ethics training. Upon completion of the ethics training program, members of the Committee must certify that they have completed the training program.

l) Members of the Committee are required to execute a confidentiality statement agreeing not to disclose any information gained during the course of their service on the Committee.

History

• Source: Amended at 39 Ill. Reg. 5797, effective April 7, 2015

41 Ill. Adm. Code 292.50 Application Procedure and Content

a) Subject to the availability of funds, the Office will post application forms for zero-interest loans and low-interest loans under this Program on the Office's web site at www.sfm.illinois.gov. The application form shall identify the information applicants must include in their loan requests and shall require that the loan application be returned to the Office no later than the date specified in the application form. Applications shall be returned to the Office of the State Fire Marshal, Attention: Ambulance Revolving Loan Program, 1035 Stevenson Drive, Springfield, Illinois 62703-4259.

b) Each loan application shall include the following components:

1. A completed application form supplied by the Office and signed by the duly authorized officers of the applicant.

2. A description of the applicant's need for the proposed ambulance, in light of the resources available to the applicant.

3. Name, address, phone, facsimile and email contact information of the persons authorized to serve as contact for information regarding the application.

4. Budget information, including detailed information on income, expenditures and the source of loan repayment funds. If repayment plans are based on charitable contributions (local fundraisers, for example), the applicant must provide a history of amounts raised in prior years. (See 74 Ill. Adm. Code 1100.925.)

5. Certifications and assurances as the Office and/or Authority may require.

6. Any other information requested by the Office or the Authority to aid that agency in making its determination under this Program.

c) Applications received at the Office shall be logged in as received and assigned an application identification number.

d) Applications shall be assessed by blind review, meaning the Committee shall not see the name, address or any specific information that identifies the applicant.

e) The Office will forward those loan applications recommended for approval to the Authority for review under its guidelines of creditworthiness (see 74 Ill. Adm. Code 1100.917). The Authority, after completion of its review, will notify the Office of the loan applications it will approve. The Office will then notify the applicants.

f) Applicants that are delinquent on a previous loan funded through this Program will be automatically disqualified from funding under this Program, and other loan programs administered by the Office, until any loan repayment delinquency has been cured.

History

• Source: Amended at 39 Ill. Reg. 5797, effective April 7, 2015

41 Ill. Adm. Code 292.60 Criteria for Review of Loan Applications

a) Those applicants receiving a loan in previous loan application cycles will not be considered until one of the following conditions has been met:

1. all applicants that have never received a loan have been considered; or

2. the previous loan received by the applicant has been repaid.

b) Applicants that have not achieved compliance with Section 292.20(c) or that have submitted incomplete loan applications will not be considered.

c) Applicants will be ranked by the Loan Application Review Committee based on the application, any supporting documentation and a narrative that describes the applicant's:

1. financial need (0-35 points based on factors that include, but are not limited to, the amount and type of financial resources available to the applicant; the size of the applicant's operating budget; the demographics of the applicant's response area; and the ability of the applicant to access other sources of revenue); and

2. equipment need (0-65 points based on factors that include, but are not limited to, whether the current equipment is in need of major repair or replacement; whether the current equipment is out-of-date or unsafe; whether the new equipment would be necessary to restore, maintain or add to response capabilities; and the appropriateness of the new equipment based on demographics of the applicant's response area).

d) If the applicant does not demonstrate sufficient annual revenue to allow the applicant to repay the loan under the terms required, the Office will not recommend, nor will the Authority approve, the application for lack of ability to repay.

History

• Source: Amended at 39 Ill. Reg. 5797, effective April 7, 2015

41 Ill. Adm. Code 292.70 Request for Reconsideration

a) The Office will notify by First Class U.S. Mail those applicants whose loans were denied by the Authority.

b) The applicant has 30 calendar days from the date of the postmark on the notice to forward to the Committee a Request for Reconsideration.

c) The Request for Reconsideration shall be sent to the Office of the State Fire Marshal, Attention: Ambulance Revolving Loan Program, 1035 Stevenson Drive, Springfield , Illinois 62703-4259.

d) The Request for Reconsideration may be accompanied by supporting documents and information not previously considered by the Committee or Authority. The Committee or, if appropriate, the Authority shall review the Request for Reconsideration. A denial of the Request for Reconsideration shall be final. While a Request for Reconsideration is pending, the application that is the subject of the Request for Reconsideration shall be deemed denied.

History

• Source: Amended at 39 Ill. Reg. 5797, effective April 7, 2015

41 Ill. Adm. Code 292.80 Repayment Procedures

Loan repayment shall be made in accordance with 74 Ill. Adm. Code 1100.925.

History

• Source: Amended at 39 Ill. Reg. 5797, effective April 7, 2015

41 Ill. Adm. Code 292.90 Recordkeeping and Recovery of Funds

a) The loan recipient shall provide to the Authority and the Office proof of use of loan proceeds.

b) In the event of default that is not cured within 90 calendar days, the Office will notify the Office of the Comptroller to deduct the amount owed from any payments from other State agencies in accordance with the State Comptroller Act [15 ILCS 405/10.05]. In addition, the Office and/or the Authority may avail itself of all remedies, rights and provisions of law applicable in the circumstances, and the failure to exercise or exert any rights or remedies provided by law may not be raised as a defense by the recipient in default.

History

• Source: Amended at 39 Ill. Reg. 5797, effective April 7, 2015

Part 293 Fire Sprinkler Dormitory Revolving Loan Program

41 Ill. Adm. Code 293.10 Definitions

The following definitions are used in this Part:

"Act" means the Fire Sprinkler Dormitory Act [110 ILCS 47].

"Applicant" means a post-secondary educational institution applying to OSFM and the Authority for a low-interest loan under the program.

"Authority" means the Illinois Finance Authority created by the Illinois Finance Authority Act [20 ILCS 3501] or its successor agency.

"Authority's Administrative Rules" means the Authority's administrative rules for the Fire Sprinkler Dormitory Revolving Loan Fund (74 Ill. Adm. Code 1100).

"Committee" means the Loan Application Review Committee established in Section 293.40 of this Part.

"Fire Sprinkler System" means a fire sprinkler system located in an existing or newly constructed dormitory or residence hall of a post-secondary educational institution that has received the permits, certifications and inspections required by federal, State and local law, rule, guideline or ordinance.

"Fund" means the Fire Sprinkler Dormitory Revolving Loan Fund.

"Low-Interest Loan" means a loan with a rate of interest to be charged under the program as determined by the Board of the Authority at the time of the loan approval, at a rate lower than current market rates.

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

"Post-Secondary Educational Institution" or "Institution" means an Illinois public or private college or university offering degrees and instruction above the high school level. This term does not include:

any public or private college or university that does not provide on-campus housing for its students in dormitories or equivalent facilities that are owned, operated or maintained by the public or private college or university;

any public or private junior college or community college; or

any institution offering degrees and instruction that uses correspondence as its primary mode of student instruction.

"Program" means the Illinois Fire Sprinkler Dormitory Revolving Loan Program.

41 Ill. Adm. Code 293.20 Purpose and Qualifications

a) OSFM and the Authority will jointly administer a program to provide low-interest loans to post-secondary educational institutions for the planning, purchasing, installing, upgrading, altering, modifying, fixing or repairing of a fire sprinkler system or fire sprinkler systems.

b) OSFM will determine loan awards based on system needs, financial need and how recently the applicant has received a previous loan under this program, supplemented by recommendations from the Authority based on creditworthiness. A loan for the purchase of fire sprinkler systems shall not exceed $1,000,000 in any single fiscal year to any post-secondary educational institution.

41 Ill. Adm. Code 293.30 Eligible Expenditures

Subject to the availability of funds, low-interest loans to post-secondary educational institutions will be available for the purpose of paying all or a portion of the costs associated with planning, purchasing, installing, upgrading, altering, modifying, fixing or repairing a fire sprinkler system.

41 Ill. Adm. Code 293.40 Loan Application Review Committee Criteria

The State Fire Marshal shall appoint a Loan Application Review Committee to determine, based on system needs, financial need, and how recently the applicant has received a previous loan under this program, which eligible post-secondary educational institution will be recommended to the Authority to receive a low-interest loan under this program.

a) The Committee shall consist of the following seven members:

1. The State Fire Marshal, as chair;

2. One Fire Chief (from a community having a post-secondary educational institution within its protection area);

3. One representative from the Associated Fire Fighters of Illinois;

4. One representative from the Illinois Finance Authority, as vice chair;

5. One member from the Illinois Fire Inspectors Association;

6. One member from the Illinois Association of Fire Protection Districts; and

7. One member representing the post-secondary educational institutions.

b) No Committee member who has a pending application for a loan under this program shall participate in the review process in which that application is pending. Any Committee member who has such a conflict shall notify the Fire Marshal of the conflict, so that the Fire Marshal can replace that Committee member for the relevant program application cycle as soon as possible.

c) Members shall serve without salary, but may receive reimbursement for reasonable expenses from OSFM from appropriations for those purposes.

d) All members shall have one vote, except for the State Fire Marshal, who shall only vote to break a tie.

e) Members shall serve a term of four years.

f) Upon the expiration of a member's term of office, the State Fire Marshal shall reappoint that member, or appoint a successor who is a representative of the same interests with which his or her predecessor was identified.

g) The State Fire Marshal may, at any time, remove any of the respective appointees for inefficiency or neglect of duty in office. In such instances, the State Fire Marshal shall fill the vacancy for the remainder of the unexpired term by appointing a member who is a representative of the same interests with which his or her predecessor was identified. Upon the death or incapacity of a member, the State Fire Marshal shall fill the vacancy for the remainder of the unexpired term by appointing a member who is a representative of the same interests with which his or her predecessor was identified.

h) Appointments shall be made to geographically represent the State.

i) As determined by the State Fire Marshal, the Committee shall meet and organize within ten days after the appointment of its members and, at that meeting, shall select a recording secretary.

j) Meetings of the Committee shall occur as deemed necessary by the State Fire Marshal, at a date, time and place to be fixed by the Committee (or by the State Fire Marshal, should he or she call for the meeting) and at such additional times as the Committee deems necessary for the consideration of loan applications, reviews or appeals and the transaction of any other business as properly may come before it.

k) A quorum shall be five members in attendance. Electronic attendance, as permitted by the Open Meetings Act [5 ILCS 120], may be permitted once a quorum is physically present either at the location set for the meeting or via video conference.

41 Ill. Adm. Code 293.50 Application Procedure and Content

a) Subject to the availability of funds, OSFM will post application forms for low-interest loans under this program on the OSFM website. Each application form provided shall identify the information applicants must include in their loan requests and shall require that the loan application be returned to OSFM no later than the late date specified in the application form. Applications shall be returned to the Office of the Illinois State Fire Marshal, Attention: Fire Sprinkler Dormitory Revolving Loan Program, 1035 Stevenson Drive, Springfield , Illinois 62703-4259. Applications will be reviewed as provided in this Part and subject to the funding criteria and credit review process outlined in 74 Ill. Adm. Code 1100.1017.

b) Each loan application shall include the following components:

1. A completed application form supplied by OSFM and signed by the duly authorized administrators of the post-secondary educational institution.

2. Information on the dormitory or dormitories or residence hall or halls for which the loan is being sought and whether the funding is for a new fire sprinkler system or for repairs, alterations, modification or upgrades to an existing fire sprinkler system. The estimated costs associated with planning, purchasing, installing, upgrading, altering, modifying, fixing or repairing a fire sprinkler system must also be included.

3. Contact information for personnel able to provide additional information if necessary.

4. Policies and procedures related to the expenditures (if any), as established by the institution.

5. Budget information, including copies of the three most recent audits (and/or income and expense reports) for the institution, as well as information on the source of loan repayment funds. If repayment plans are based on charitable contributions (i.e., alumni fundraisers), the applicant must provide a history of amounts raised in prior years.

6. Other certifications and assurances OSFM and/or the Authority may require. Such requirements will be explicitly requested in the loan application.

7. All other information as requested on the loan application form and in the program guidance section of the application.

c) Applications received by OSFM shall be logged in as received and assigned an application number.

d) Applications shall be assessed by blind review, meaning the Committee shall not see the name, address or any specific information that identifies the institution. The Committee shall review and rank the applications based on information provided in the loan application and based upon system needs, financial need and how recently the applicant has received a previous loan under this program.

e) After the Committee's review and ranking of applications subject to the criteria in Section 293.60, loan dollar amounts will be assigned to the loan applications up to the maximum amount of funding available either for loans under this program or to the individual applicant in the then-current fiscal year. Approval of an application by the Committee shall not constitute any form of commitment or guarantee that the proposed loan will be made.

f) Those loan applications recommended for approval shall be forwarded to the Authority for review under its guidelines of funding criteria and creditworthiness. The Authority, after completion of its review, will promptly notify the Committee as to which loan applications it will approve.

41 Ill. Adm. Code 293.60 Loan Application Review Committee Criteria

a) Institutions receiving a loan in previous loan application cycles will not be considered until all applicants who have never received a loan but are requesting a loan have been considered.

b) The institutions will be order-ranked based on:

1. system needs;

2. financial need; and

3. how recently the applicant has received a previous loan under this program.

c) The Committee will review the ranked applications and assign a point value (0-5, with 5 being the greatest) based on need. Criteria for evaluating need include:

1. Information on the dormitory or residence hall for which the loan is being sought.

2. Whether the funding is for a new fire sprinkler system or for repairs, alterations, modification or upgrades to an existing fire sprinkler system.

d) If the institution does not demonstrate that there is sufficient annual revenue to permit the applicant to repay the loan under the terms required, either the Committee or Authority may deny the application for lack of ability to pay.

41 Ill. Adm. Code 293.70 Appeal Process

a) Institutions whose loans were denied by the Committee or the Authority shall be notified via First Class Mail by OSFM.

b) Notice of denial shall be deemed received on the date of mailing. The institution has 30 calendar days from that date to forward to the Committee a Request for Reconsideration.

c) The Request for Reconsideration shall be sent to the Office of the Illinois State Fire Marshal, Attention: Fire Sprinkler Dormitory Revolving Loan Program, 1035 Stevenson Drive, Springfield, Illinois 62703-4259.

d) The Request for Reconsideration may be accompanied by supporting documents and information not previously considered by the Committee or Authority. The Committee or, if appropriate, the Authority shall review the Request for Reconsideration. A denial of the Request for Reconsideration shall be final. While a Request for Reconsideration is pending, the application that is the subject of the Request for Reconsideration shall be deemed complete for the purposes of this Part.

41 Ill. Adm. Code 293.80 Repayment Procedures

a) The maturity date of the loans shall be determined by OSFM and the Authority, but shall not exceed 20 years.

b) The rate of interest to be charged under the program will be determined by the Authority at the time of the loan approval, at a rate lower than current market rates.

c) Payments of principal and interest on the loan shall be made according to the schedule determined by OSFM and the Authority.

1. The Authority will provide invoices to loan recipients for these payments. Checks shall be made payable to the "Illinois Finance Authority – Fire Sprinkler Dormitory Revolving Loan Fund" and mailed to the Illinois Finance Authority, Fire Sprinkler Dormitory Loan Program, Two Prudential Plaza, 180 North Stetson, Suite 2555, Chicago IL 60601.

2. Payments not received within 15 calendar days after the due date shall be assessed a penalty of five percent of the payment due; however, the late payment penalty will be waived when the postmark date on the envelope used to submit the payment is five days or more before the end of the 15-day grace period.

d) A post-secondary educational institution may prepay the balance due on the loan in its entirety, or a portion of the balance, on any scheduled payment date, provided that the post-secondary educational institution first contacts the Authority to determine the total amount of the principal and interest due at that time.

41 Ill. Adm. Code 293.90 Terms and Conditions of Loan Agreement

An approved loan application with OSFM and the Authority is subject to the following terms:

a) Loan proceeds under this program shall be used exclusively for the purposes listed in Section 293.30 and shall be expended in accordance with the approved application and the applicant's policies and procedures related to the expenditures.

b) Orders for payment will be submitted to the Office of the Comptroller by the Authority.

c) Loan proceeds shall be spent no later than six months following the receipt of the loan.

d) Use of loan proceeds shall be accounted for in accordance with standard accounting practices. Loan recipients shall submit to OSFM a report detailing and accounting for how the loan proceeds were spent. This expenditure report, to be submitted on a form supplied by OSFM, shall attach invoices and other documentation necessary to prove payment and shall be due no later than nine months following receipt of the loan.

e) In the event that the loan proceeds are not expended in the manner approved, the recipient, upon written notification from the Authority, shall be required to submit, by the next payment due date, payment of the outstanding principal and interest of the loan.

f) Loan proceeds shall be included in the institution's budget.

g) In the event of default that is not cured within 90 calendar days, the Authority shall notify the Office of the Comptroller to deduct the amount owed from any payments from other State agencies, and the institution shall be ineligible for additional loans until good standing has been restored. In addition, OSFM and/or the Authority may avail itself of all remedies, rights and provisions of law applicable in the circumstances, and the failure to exercise or exert any rights or remedies provided by law may not be raised as defense by the institution in default.

h) The institution agrees to pay the Authority a processing fee of up to $5,000, upon approval of the loan, separate from the loan proceeds, to defray the costs of the loan to the Authority.

Part 294 Fire Station Revolving Loan Program

41 Ill. Adm. Code 294.100 Definitions

The following definitions are used in this Part:

"Applicant" means a unit of local government, including any municipality, township, township fire department, or special district such as a fire protection district that operates a fire department or provides fire suppression services itself without contracting those services from another entity.

"Authority" means the Illinois Finance Authority created by the Illinois Finance Authority Act [20 ILCS 3501] or its successor agency.

"Board" means the governing body of the entity receiving the loan.

"Committee" means the Loan Application Review Committee established in Section 294.140.

"Fire department" means a fire department, fire protection district or township fire department that is a unit of local government in Illinois that provides fire suppression within a geographical area. For purposes of this Part, fire department is defined to include volunteer fire departments and volunteer fire protection districts.

"Fire station" means a building or structure set aside for storage of firefighting apparatus (including fire trucks, pumpers, ladder trucks, elevating platforms, rescue trucks, tankers, brush trucks, squad trucks, ambulances and related vehicles), personal protective equipment, fire hose and other fire extinguishing equipment. It may also include dormitory living facilities and work areas such as offices, meeting rooms, workshops or laundry facilities. The term includes additions to existing buildings as well as new construction.

"Funding date" means the date on which a zero-interest or low-interest loan is closed and funded.

"Low-interest loan" means a loan with a rate of interest lower than commercially available.

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

"Program" means the Illinois Fire Station Revolving Loan Program.

"Recipient" means an applicant that has successfully applied for and received all required approvals from the Office and the Authority, agreed to and executed loan documentation prepared by the Authority, and closed and funded its fire station loan.

41 Ill. Adm. Code 294.110 Severability

If any Section, subsection, sentence or clause of this Part shall be held by a court of competent jurisdiction to be invalid, that holding shall not affect the remaining portions of this Part.

41 Ill. Adm. Code 294.120 Purpose and Eligibility

a) The Office and the Authority will jointly administer this Program to provide zero-interest loans or low-interest loans to fire departments, the proceeds of which shall be used to finance all or any portion of the costs associated with the construction, rehabilitation, remodeling or expansion of a fire station.

b) The Office will recommend loan awards to the Authority based on building need, financial need, how recently the applicant has received a previous loan under this Program, and the applicant's participation in the National Fire Incident Reporting System (NFIRS). Loan awards will be made by the Authority under its guidelines of creditworthiness (see 74 Ill. Adm. Code 1100.1117).

c) Applicants that are required by Section 6 of the Fire Investigation Act [425 ILCS 25/6] to report fires to the Office must also have participated in NFIRS for a minimum of two years immediately prior to the date of the loan application in order to be eligible for a loan under the Program.

d) Fire departments that are not governmental bodies, including for-profit entities, non-profit entities, associations or not-for-profit corporations, are not eligible to apply for a loan under this Program. Units of local government that do not operate fire departments or contract for fire suppression from another municipality or fire protection district are similarly not eligible.

41 Ill. Adm. Code 294.130 Eligible Expenditures

Subject to the availability of monies in the Fire Station Revolving Loan Fund, zero-interest loans or low-interest loans will be available for the purpose of paying all or a portion of the costs associated with the construction, rehabilitation, remodeling or expansion of a fire station or acquisition of land for the construction or expansion of a fire station up to a maximum loan amount of $2,000,000 per fire department per fiscal year [20 ILCS 3501/825-81].

41 Ill. Adm. Code 294.140 Loan Application Review Committee

The State Fire Marshal shall appoint a Loan Application Review Committee to determine, as described in Section 294.160, which eligible applicants will be recommended to the Authority to receive a loan under this Program.

a) The Committee shall consist of the following nine members, who shall also serve as the Loan Application Review Committee for the Fire Truck Revolving Loan Program and the Ambulance Revolving Loan Program:

1. The State Fire Marshal, or his or her designee, as Chair;

2. Three Fire Chiefs (one each from a volunteer department, a combination department and a career/municipal fire department);

3. One representative from the Associated Fire Fighters of Illinois;

4. Two representatives from the Illinois banking community (one from the Community Bankers Association of Illinois and one from the Illinois Bankers Association);

5. One member who is a volunteer firefighter; and

6. One member from the Illinois Association of Fire Protection Districts.

b) The Authority's Chief Financial Officer, or his or her designee, will serve as an ex officio member of the Committee for the purpose of reviewing loan documentation to ensure that all documents necessary for the Authority to conduct its loan review are present.

c) Members shall serve without salary, but may receive reimbursement for reasonable expenses from the Office from appropriations for those purposes.

d) All members shall have one vote except for the Chair and the Authority's Chief Financial Officer or his or her designee. The Chair shall only vote to break a tie.

e) Members shall serve a term of four years, with two members' terms expiring each year. Members shall be appointed for initial terms as follows: two members shall serve terms of one year; two members shall serve terms of two years; two members shall serve terms of three years; and two members shall serve terms of four years. The allocation of initial terms shall be determined by a random drawing.

f) At the expiration of their initial terms of office, the members (or their successors) shall be appointed for terms of four years each. Upon the expiration of a member's term of office, the State Fire Marshal shall reappoint that member, or appoint a successor who is a representative of the same interests with which his or her predecessor was identified.

g) The State Fire Marshal may, at any time, remove any of the respective appointees for inefficiency or neglect of duty in office. In these instances, the State Fire Marshal shall fill the vacancy for the remainder of the unexpired term by appointing a member who is a representative of the same interests with which his or her predecessor was identified. Upon the death or incapacity of a member, the State Fire Marshal shall fill the vacancy for the remainder of the unexpired term by appointing a member who is a representative of the same interests with which his or her predecessor was identified.

h) Regular meetings of the Committee shall occur as often as deemed necessary by the Chair, at a date, time and place to be fixed by the Committee (or by the Chair, should he or she call for the meeting) and at such additional times as the Committee deems necessary, for the consideration of loan applications, reviews, and Requests for Reconsideration, and the transaction of any other business as properly may come before it.

i) A quorum shall be a majority of the appointed positions that have been filled by appointment. Unfilled positions shall not be counted.

j) No Committee member affiliated with a fire department that has a pending application for a loan under this Program shall participate in the review of that fire department's application.

k) Members of the Committee are required to participate in annual ethics training. Upon completion of the ethics training program, members of the Committee must certify that they have completed the training program.

l) Members of the Committee are required to execute a confidentiality statement agreeing not to disclose any information gained during the course of their service on the Committee.

41 Ill. Adm. Code 294.150 Loan Application Procedure and Content

a) Subject to the availability of funds, the Office will send a notification to all fire departments of fund availability and post application forms for zero-interest loans and low-interest loans under this Program on the Office's website at www.sfm.illinois.gov. The application form shall identify the information applicants must include in their loan requests and shall require that the loan application be returned to the Office no later than the date specified in the application form. Applications shall be returned to the Office of the State Fire Marshal, Attention: Fire Station Revolving Loan Program, 1035 Stevenson Drive, Springfield, Illinois 62703-4259.

b) Each loan application shall include the following components:

1. A completed application form supplied by the Office and signed by the duly authorized officers of the Board.

2. A description of the applicant's need for the proposed fire station construction, rehabilitation, remodeling or expansion as identified in the application in light of the resources available to the fire department.

3. Identification of the personnel to serve as contacts for information.

4. Budget information, including detailed information on income, expenditures and the source of loan repayment funds. If repayment plans are based on charitable contributions or fundraisers, the applicant must provide a history of amounts raised in prior years. (See 74 Ill. Adm. Code 1100.1125.)

5. Certifications and assurances as the Office or Authority may require.

6. Any other information requested by the Office or the Authority to aid that agency in making its determination under this Part.

c) Applications received at the Office shall be logged in as received and assigned an application identification number.

d) Applications shall be assessed by blind review, meaning the Committee shall not see the name, address or any specific information that identifies the applicant.

e) The Office will forward those loan applications recommended for approval to the Authority for review under its guidelines of creditworthiness (see 74 Ill. Adm. Code 1100.1117). The Authority, after completion of its review, will notify the Office of the loan applications it will approve. The Office will then notify the applicants.

f) Applicants that are delinquent on a previous loan funded through this Program will be automatically disqualified from further funding under this Program, or other loan programs administered by the Office, until any loan repayment delinquency has been cured.

41 Ill. Adm. Code 294.160 Criteria for Review of Loan Applications

a) Applicants receiving a loan in previous loan application cycles will not be considered until one of the following conditions has been met:

1. all applicants that have never received a loan have been considered; or

2. the previous loan received by the applicant has been repaid.

b) Applicants that have not achieved compliance with Section 294.120(c) or that have submitted incomplete loan applications will not be considered.

c) If the applicant does not demonstrate sufficient annual revenue to allow the applicant to repay the loan under the terms required, the Office will not recommend, nor will the Authority approve, the application based on the lack of ability to repay.

41 Ill. Adm. Code 294.170 Request for Reconsideration

a) The Office will notify by First Class U.S. Mail those applicants whose loans are denied by the Authority.

b) The applicant has 30 calendar days from the date of the postmark on the notice to forward to the Committee a request for reconsideration.

c) The request for reconsideration shall be sent to the Office of the State Fire Marshal, Attention: Fire Station Revolving Loan Program, 1035 Stevenson Drive, Springfield, Illinois 62703-4259.

d) The request for reconsideration may be accompanied by supporting documents and information not previously considered by the Committee or Authority. The Committee or, if appropriate, the Authority shall review the request for reconsideration. A denial of the request for reconsideration shall be final. While a request for reconsideration is pending, the application that is the subject of the request for reconsideration shall be deemed denied.

41 Ill. Adm. Code 294.180 Repayment Procedures

Loan repayment shall be made in accordance with 74 Ill. Adm. Code 1100.1125.

41 Ill. Adm. Code 294.190 Recordkeeping and Recovery of Funds

A loan approved by the Office and the Authority is subject to the following terms:

a) The loan recipient shall provide to the Authority and the Office proof of use of loan proceeds.

b) In the event of default that is not cured within 90 calendar days, the Office will notify the Office of the Comptroller to deduct the amount owed from any payments from other State agencies in accordance with the State Comptroller Act [15 ILCS 405/10.05]. In addition, the Office and/or the Authority may avail itself of all remedies, rights and provisions of law applicable in the circumstances, and the failure to exercise or exert any rights or remedies provided by law may not be raised as a defense by the recipient in default.

Part 295 Fire Protection District Grant

41 Ill. Adm. Code 295.10 Purpose

The Office of the State Fire Marshal (OSFM) shall administer a program to provide grant funds to groups of registered voters to defray the expenses of organizing a new fire protection district. The grant shall not exceed $500 and that group of registered voters shall not be eligible for another such grant for 2 years.

41 Ill. Adm. Code 295.20 Grant Application Procedure and Required Supporting Documentation

a) Application Procedure

1. The attorney or individual of record for the group of registered voters shall submit a letter to OSFM requesting the grant.

2. The letter shall be sent to: Office of the State Fire Marshal, Attention: Fire Protection District Grant, 1035 Stevenson Drive, Springfield, Illinois 62703-4259.

b) Content of Letter and Supporting Documentation

Each letter shall include the following information:

1. Information identifying the proposed fire protection district (e.g., legal description of the territory, any corporate documents, etc.).

2. Contact information of an individual representing the group of registered voters.

3. The grant sum requested, not to exceed $500.

4. Copies of invoices for services associated with the formation of the new fire protection district.

5. Party to whom the check should be addressed.

41 Ill. Adm. Code 295.30 Terms and Conditions of Grant

a) Grants under this program will be paid to recipients when the request is approved.

b) Grant proceeds shall be used exclusively for the expenses of organizing a new fire protection district.

c) In the event that the grant is not expended in the manner approved, the recipient, upon written notification from OSFM, shall refund the full amount of the grant award. Recovery of grant funds shall be accomplished in accordance with the Illinois Grant Funds Recovery Act [30 ILCS 705].

41 Ill. Adm. Code 296.10 Definitions

The following definitions apply to terms used in this Part:

"Combination Fire Department" means a fire department that has volunteer firefighting personnel and paid firefighting personnel, including, but not limited to, paid-on-call personnel.

"Committee" means the Grant Applications Review Committee established in Section 296.50.

"Fire Department" means a fire department, fire protection district or township fire department that is a unit of local government in Illinois that provides fire suppression within a geographical area. For purposes of this Part, fire department is defined to include volunteer fire departments and volunteer fire protection districts.

"Fire Department Identification Number" or "FDID" means the unique identification number issued by the Office to fire departments that register for participation in the U.S. Fire Administration's incident reporting system.

"Fire Station" means a building or a structure set aside for storage of firefighting apparatus (i.e., fire trucks, pumpers, ladder trucks, elevating platforms, rescue trucks, tankers, brush trucks, squad trucks, and related emergency response and other vehicles), personal protective equipment, fire hose and other fire extinguishing equipment. It may also have dormitory living facilities and work areas such as offices, meeting rooms, a workshop, or laundry. The term also includes additions for existing buildings as well as fully new construction.

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

"Program" means the Fire Station Rehabilitation and Construction Grant Program.

"Rehabilitation" means to restore, improve or modify a fire station or portion thereof.

"Units of Local Government" means counties, municipalities, townships, special districts, and units, designated as units of local government by law, which exercise limited governmental powers or powers in respect to limited governmental subjects, but does not include school districts. Ill. Const. 1970, Art. VII, Sect. 1

"Volunteer Fire Department" means a fire department that has only volunteer firefighting personnel.

History

• Source: Amended at 50 Ill. Reg. 10950, effective August 1, 2026

Chapter I Office of the State Fire Marshal

Part 296 Fire Station Rehabilitation and Construction Grant Program

41 Ill. Adm. Code 296.20 Purpose

The Office shall administer a program to provide grant funds for the rehabilitation and construction of fire stations operated by units of local government. The Office shall determine grant awards based on space needs, financial need, and how recently the applicant received a grant under this program. Grants for the rehabilitation and construction of fire stations shall not exceed $350,000 in any single fiscal year to any unit of local government under this program.

41 Ill. Adm. Code 296.30 Eligibility

a) Applicants must have participated in the incident reporting system for fire incidents established by the U.S. Fire Administration (National Fire Incident Reporting System (NFIRS) or National Emergency Response Information System (NERIS)) for a minimum of two years prior to the application for the fire station rehabilitation and construction grant, except that fire departments that were issued a Fire Department Identification Number by the Office less than two years prior to the application are eligible to apply for a fire station rehabilitation and construction grant if they participated in such incident reporting system since the date their FDID was issued by the Office.

b) The applicant must have an active registration under the Grant Accountability and Transparency Act (GATA) [30 ILCS 708] and a status of "qualified" on the GATA Grantee Portal (https://grants.illinois.gov/portal) at the time the application is submitted. The applicant must also have its own FEIN issued by the Internal Revenue Service for federal income tax purposes.

c) Fire protection entities that are not a unit of local government are not eligible to apply for a grant under this program.

d) Units of local government that do not operate a fire department are not eligible for grants under this program.

e) Applicants must demonstrate that the fire station for which the grant is sought will continue to be operated by the applicant as a fire station for at least 10 years, or a longer period as may be identified in the Notice of Funding Opportunity (NOFO) issued by the Office. If, within 10 years after the completion of the project for which a grant was made under this Part, or within a longer period as may be identified in the NOFO issued by the Office, the grant recipient ceases to use the fire station as a fire station, the grant recipient shall refund to the Office a prorated amount of the grant based on the number of months the grant recipient was not in compliance (for example, out of a total of 120 months if the compliance period is 10 years). Any partial month of noncompliance shall be included in the repayment amount.

f) A minimum of 60% of grant funds per funding opportunity shall be set aside for volunteer or combination fire departments. If this percentage cannot be met due to the lack of approved applications from these types of fire departments, the remaining funds may be allocated to non-volunteer or non-combination fire departments.

History

• Source: Amended at 50 Ill. Reg. 10950, effective August 1, 2026

Chapter I Office of the State Fire Marshal

Part 296 Fire Station Rehabilitation and Construction Grant Program

41 Ill. Adm. Code 296.35 Use of Grant Monies

a) A recipient of a fire station rehabilitation and construction grant under this Part may use the grant monies for one or more of the following purposes:

1. Construction of an addition to or otherwise expanding or the rehabilitation of an existing fire station;

2. Construction of a new fire station or renovations to an existing fire station in order to create a new fire station;

3. Acquisition of a fire station;

4. Purchase or replacement of real property fixtures; and

5. Maintenance or structural improvements.

b) Applicants that seek to purchase a site with a portion of grant monies will be required to obtain an appraisal and submit it to the Office to establish the site's fair market value. Applicants that seek to rehabilitate or expand a currently owned fire station must demonstrate an ownership interest in the property to be improved, either fee simple title or other means of legal control and tenure (easement, long-term lease, etc.).

41 Ill. Adm. Code 296.40 Grant Application Procedure and Content

a) Application Procedure.

1. Subject to the availability of appropriated funds, the Office will make application forms for fire station rehabilitation and construction grants under this program available on its website.

2. A completed original application form shall be signed by the duly authorized officers of the applicant.

3. Applications shall be returned, by the date specified on the form, to the Office of the State Fire Marshal, Attention: Fire Station Rehabilitation and Construction Grant Program, 1035 Stevenson Drive, Springfield, Illinois 62703-4259.

4. Applications received by the Office shall be logged in as received and assigned an application number.

b) Application Content. Each grant application shall include the following information:

1. Identifying information for the applicant, including the applicant's fire department and unit of local government.

2. A detailed description of the applicant's need for the proposed rehabilitation or construction work.

3. Name and contact information for the fire department or local government personnel to serve as contacts for the application.

4. Information regarding the applicant's two most recent budgets.

5. Any other information or documentation the Office may require to demonstrate or support the information submitted by the applicant or to otherwise determine the applicant's eligibility under this Part.

c) Review of Applications. Applications shall be assessed by blind review, meaning the Committee shall not see the name, address or any specific information that identifies the applicant. The Committee shall review and score the applications based on assessment of need and information provided in the grant application.

d) Grant Award. After the Committee reviews and scores the applications, the Office will, subject to appropriation, award a grant to the highest scoring applicants. If, for any reason, a successful applicant is unable to fulfill the terms of the grant or withdraws the request after it has been approved, then the next highest scoring applicant without a grant will be offered a grant.

History

• Source: Amended at 50 Ill. Reg. 10950, effective August 1, 2026

41 Ill. Adm. Code 296.50 Grant Applications Review Committee

a) The State Fire Marshal shall appoint a Grant Applications Review Committee to determine which applicants will receive grants and the amount of the grant.

b) The Committee shall consist of the following seven members:

1. The State Fire Marshal, or the State Fire Marshal's designee, as Chair;

2. Three current or former Fire Chiefs or other officers of a fire department (one from a volunteer fire department, one from a combination fire department and one from a career/municipal fire department). For purposes of this subsection, "officer" refers to a fire department member who holds or has held a position at the managerial or administrative level and has at least 10 years of fire service experience;

3. One representative from the Associated Fire Fighters of Illinois;

4. One member who is a current or former volunteer firefighter; and

5. One member representing the Illinois Association of Fire Protection Districts.

c) Members shall serve without salary, but may be reimbursed for reasonable expenses by the Office from appropriations for that purpose.

d) Members shall serve a term of four years.

e) Upon the expiration of a member's term, the State Fire Marshal may reappoint that member or appoint a successor who is a representative of the same interests with which the member's predecessor was identified.

f) Replacement of a Member

1. The State Fire Marshal may, at any time, remove any of the respective appointees for inefficiency or neglect of duty in office. The reasons for removal must be stated in writing.

2. A member shall continue to serve only as long as the member holds the position that made that individual eligible to serve under the criteria prescribed by subsection (b).

3. In the instances described in subsections (f)(1) and (2), or upon the death or incapacity of a member, the State Fire Marshal shall fill the vacancy for the remainder of the unexpired term by appointing a member who is a representative of the same interests with which the member's predecessor was identified.

g) Meetings of the Committee shall occur as often as deemed necessary by the Chair, at a date, time and place to be fixed by the Committee (or by the Chair, should the Chair call for the meeting) and at such additional times as the Committee deems necessary to consider any business as may properly come before it.

h) A quorum shall be a majority of the appointed positions that have been filled by appointment. Unfilled positions shall not be counted.

i) Committee members must comply with the applicable conflict of interest provisions contained in the GATA administrative rules (44 Ill. Adm. Code 7000).

j) Members of the Committee are required to participate in all mandatory annual trainings, including, but not limited to, ethics and harassment and discrimination prevention training. Upon completion of the required training programs, members of the Committee must certify that they have completed the training programs.

k) Committee members must comply with the applicable confidentiality provisions contained in the GATA administrative rules (44 Ill. Adm. Code 7000). Members of the Committee are also required to execute a confidentiality statement agreeing not to disclose any information gained during the course of their service on the Committee.

History

• Source: Amended at 50 Ill. Reg. 10950, effective August 1, 2026

41 Ill. Adm. Code 296.55 Prescreening of Grant Applications by the Office

The Office will conduct a prescreening of all grant applications received by the deadline to identify applicants with the greatest need as determined under this Section. The steps of this prescreening are provided in this Section.

a) The Office will evaluate whether each application was received by the deadline, whether the applicant has met the eligibility requirements of Section 296.30 as of the application deadline date, and whether the applicant has fully completed all sections of the application. Only those applicants that meet the conditions of this subsection (a) will receive further consideration.

b) To assist the Committee in making final determinations of grant awards, the Office will then rank complete applications of eligible applicants using the following criteria:

1. The Office will use information provided by the applicant on its operating budget, square miles served and population served in developing a ranking of financial need.

2. The Office will divide each applicant's budget by the square miles served to determine the applicant's budget per square mile and will rank the applicants lowest to highest.

3. The Office will divide each applicant's budget by the population served to determine the applicant's budget per person and will rank the applicants lowest to highest.

4. The Office will then average the two rankings of each applicant to reach an overall ranking.

c) Applicants that have previously received a grant from the Office under this program will be ranked against each other according to the criteria in subsection (b), but this group of applicants will be ranked below all applicants that have not previously received a grant under this program, except that applicants that have previously received a grant from the Office under this program that was only partially funded due to limits of the Office's appropriated funds will be ranked against applicants that have not previously received a grant under this program. Applicants that have previously received a grant from the Office under this program that was only partially funded due to limits of the Office's appropriated funds shall not receive a grant award greater than the difference between the maximum grant award amount specified under Section 296.20 and the amount of any previously funded partial awards to the applicant under this program.

d) Using the ranking criteria identified in subsections (b) and (c), the Office will rank the applications. Based upon the grant amount requested by each applicant, the Office will provide the Committee with complete application information for the top ranked applications totaling at least 1½ times the amount of available appropriations for the Committee's determination for that grant cycle.

History

• Source: Amended at 50 Ill. Reg. 10950, effective August 1, 2026

41 Ill. Adm. Code 296.60 Criteria for Review of Grant Applications

The Committee will consider the following criteria and assign point totals when determining grant recipients. The Committee will only consider applications provided by the Office in accordance with Section 296.55.

a) Space Need − 0-50 points

1. Current fire station status. Whether the applicant currently owns an existing fire station and, if so, the condition of the existing fire station.

2. Operational impact. Whether space limitations of the existing fire station or other space used by the fire department affect response time, public safety or operations of the fire department.

3. Capacity and sustainability. Whether the current fire station or other space used by the fire department is sufficient for housing apparatus, equipment, decontamination areas and other fire department functions.

4. Alternatives and constraints. Whether space can be rented or shared on a consistent and financially sustainable basis.

5. Readiness and growth. Whether the proposed project responds to or accounts for community growth or service expansion.

b) Financial Need − 0-50 points

1. Budget. Evaluation of the fire department's available annual operating budget and whether the project is prohibitively expensive relative to the fire department's budget.

2. Other financial support. Whether other funding sources are available for the proposed project.

3. Project costs. Whether there is a clear and responsible financial justification, including detailed cost breakdowns, for the proposed project.

History

• Source: Amended at 50 Ill. Reg. 10950, effective August 1, 2026

41 Ill. Adm. Code 296.70 Terms and Conditions of Grant Agreement

An applicant that has been approved to receive a grant under this program must enter into a grant agreement with the Office. The grant agreement shall contain, at a minimum, the following terms:

a) Grant recipients may receive advance payment for part or all of the cost of rehabilitation or construction of a fire station as approved as part of the grant application.

b) Grant funds shall be used exclusively for the purposes listed in Section 296.20 and shall be expended in accordance with the applicable provisions of this Part, the Grant Accountability and Transparency Act [30 ILCS 708], the GATA administrative rules (44 Ill. Adm. Code 7000), and the grant agreement. The grant recipient must immediately disclose in writing any potential or actual conflicts of interest to the Office relating to the use or expenditure of grant funds.

c) In the event that all or a portion of the grant funds are not expended in the manner approved, the grant recipient, upon written notification from the Office, shall refund the amount of the grant award or applicable portions as listed in the written notification. Recovery of grant funds shall be accomplished in accordance with the Illinois Grant Funds Recovery Act [30 ILCS 705].

d) Use of grant funds shall be accounted for in accordance with standard accounting practices and the applicable provisions of the Grant Accountability and Transparency Act [30 ILCS 708] and the GATA administrative rules (44 Ill. Adm. Code 7000). The grant recipient shall provide documentation concerning the rehabilitation or construction of a fire station as specified in the grant application, the cost of the rehabilitation or construction of a fire station, and the completion of the rehabilitation or construction project by the grant recipient's contractor or contractors.

e) The grant recipient shall keep adequate records relating to its administration of the grant project, particularly relating to all incurred costs. These records shall be available for audit by appropriate personnel within or on behalf of the Office and the State Auditor General. All records shall be retained in accordance with the applicable provisions of the Grant Accountability and Transparency Act [30 ILCS 708], the GATA administrative rules (44 Ill. Adm. Code 7000), and the State Records Act [5 ILCS 160]. Grant recipients shall submit to the Office a final expenditure report detailing how the grant proceeds were used. This final expenditure report shall be submitted in accordance with Section 296.90(a).

f) The grant recipient is responsible for monitoring possession, use, condition and final disposition of the fire station constructed or rehabilitated with grant funds.

g) Grant funds shall be included in the grant recipient's budget.

h) The availability of grant funds is subject to availability of appropriated State funds.

i) The grant recipient shall comply with any provisions that the grant recipient is required to include in any publicly bid contract for project work (e.g., scale of wages, liability insurance requirements, adherence to the Employment of Illinois Workers on Public Works Act [30 ILCS 570], etc.).

j) In connection with and prior to the rehabilitation or construction and the subsequent operation and maintenance of fire station rehabilitation and construction grant program assisted fire stations, it shall be understood that the grant recipient is responsible for obtaining any and all necessary construction permits, licenses or forms of consent, as required by law. Failure to obtain any required permits may jeopardize approved grant funding.

k) The grant recipient and its selected contractors must observe and comply with the provisions of the Prevailing Wage Act [820 ILCS 130/4], which apply to the wages of laborers, mechanics and other workers employed in any public works, and with the prevailing wage requirements of the Illinois Procurement Code [30 ILCS 500/25-60].

l) Pursuant to Section 2-105(A)(4) of the Human Rights Act [775 ILCS 5], the grant recipient and any contractors engaged for the project shall maintain a written sexual harassment policy that includes, at a minimum, the following information:

1. the illegality of sexual harassment;

2. the definition of sexual harassment under State law;

3. a description of sexual harassment utilizing examples;

4. the contractor's internal complaint process including penalties;

5. the legal recourse, investigative, and complaint process available through the Illinois Department of Human Rights and the Human Rights Commission and directions on how to contact both; and

6. protection against retaliation as provided by Sections 6-101 and 6-101.5 of the Illinois Human Rights Act [775 ILCS 5]. A copy of the policy shall be provided to the Department of Human Rights upon request.

m) It shall be understood by the grant recipient that a representative or agent of the Office may make periodic inspections of the project as rehabilitation or construction progresses and that a final inspection may be required and if required will be made by a representative or agent of the Office prior to final payment of grant reimbursement to the grant recipient.

n) Projects assisted with fire station rehabilitation and construction grant program funds shall be implemented in accordance with all applicable federal, State and local laws, ordinances and regulations relating to public agency expenditure of funds for public works projects and all other applicable laws.

o) All financial records on approved projects must be maintained and retained, in accordance with the Grant Funds Recovery Act [30 ILCS 705] and the State Records Act [5 ILCS 160], by the grant recipient for possible State audit after final reimbursement payment is made by the Office.

p) The grant recipient shall indemnify, protect, defend and hold harmless the Office from any and all liability, costs, damages, expenses, or claims thereof arising under, through or by virtue of the rehabilitation or construction of grant-assisted fire stations.

q) The grant recipient shall certify that it will comply with the Illinois Works Jobs Program Act Apprenticeship Initiative [30 ILCS 559/20-20] and the Illinois Accessibility Code (71 Ill. Adm. Code 400) as part of the application.

r) Any other terms or requirements specified in the Notice of Funding Opportunity issued by the Office.

History

• Source: Amended at 50 Ill. Reg. 10950, effective August 1, 2026

41 Ill. Adm. Code 296.75 Disbursement of Grant Funds

a) A minimum of 50% of a grant awarded by the Office will be paid in advance to the grant recipient after the grant agreement is fully executed in accordance with the policies and procedures of the Office of the State Fire Marshal and the Illinois Comptroller's Office.

b) The remainder of the grant award will be made subject to the grant recipient's submission and certification of eligible costs incurred, along with any documentation required by the Office. Expenditure of grant funds advanced pursuant to this Part to the grant recipient cannot be claimed for reimbursement payments. However, the grant project may be funded by other grants so long as the same expenses sought for payment are not being reimbursed or covered a second time.

c) Grant funds paid in advance must be kept in a separate interest-bearing account with a federally or Illinois regulated financial institution that is insured with the Federal Deposit Insurance Corporation (FDIC), and maintained therein until used in the execution of the approved project. All interest earned on grant funds held by a grant recipient shall become part of the grant principal when earned, and be used for and in the same manner as the principal to fulfill the purposes and objectives of the grant.

d) Pursuant to Section 45 of the State Finance Act [30 ILCS 105/45], for grants of $250,000 or more awarded to a grant recipient for capital construction costs or professional services, the grant recipient must provide written certification that the grant recipient is in compliance with the business enterprise program (BEP) practices for minority-owned businesses, woman-owned businesses, and businesses owned by persons with disabilities of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act [30 ILCS 575] and the equal employment practices of Section 2-105 of the Illinois Human Rights Act [775 ILCS 5/2-105].

History

• Source: Amended at 50 Ill. Reg. 10950, effective August 1, 2026

41 Ill. Adm. Code 296.80 Appeals Process

a) Those applicants whose grant applications are denied shall be notified by electronic mail.

b) The applicant has 14 calendar days from the date of publication of the grant award to submit an appeal on an electronic form prescribed by the Office. The appeal must include, at a minimum:

1. The name and address of the appealing party;

2. The name of the grant; and

3. A statement of reasons for the appeal.

c) Appeals by applicants are limited to the evaluation process. Evaluation scores may not be protested.

d) Appeals Review Officer (ARO). The State Fire Marshal or a designee may appoint one or more AROs to consider the grant-related appeals and make a recommendation to the State Fire Marshal or designee.

e) The appeal of a denial of a requested grant may be accompanied by supporting documents and information not previously considered by the Committee. The Office shall acknowledge receipt of the appeal within 14 calendar days after receiving the appeal.

f) The Office shall respond to the appeal within 60 calendar days after receipt of the appeal. If additional time is required for review of the appeal, the applicant shall be notified in writing, which shall include an explanation of why additional time is required.

g) Stay of Grant Agreement/Contract Execution

When an appeal is received, the execution of the grant in contention shall be stayed until either:

1. The appeal is resolved; or

2. The State Fire Marshal or designee determines that the needs of the State require that the grant program move forward despite the appeal. This determination, and its rationale, must be documented in writing.

h) The ARO shall make a recommendation to the State Fire Marshal or designee as quickly as possible after receiving all relevant and requested information.

i) In determining this recommendation, the ARO shall consider the integrity of the discretionary grant process and the impact of the recommendation on the Office.

j) The Office shall resolve the appeal through a written determination. This determination shall include, but not be limited to, the following:

1. Review of the appeal;

2. Appeal determination; and

3. Rationale for the determination.

k) Effect of Judicial Proceedings

If an action concerning the appeal has commenced in a court or administrative body, the State Fire Marshal or designee may defer resolution of the appeal pending the judicial or administrative determination.

l) The Office shall maintain a file of the grantmaking process that includes the written determination of grant issuance, grant application and requirements. The grantmaking file shall be available for audit-related purposes.

History

• Source: Amended at 50 Ill. Reg. 10950, effective August 1, 2026

41 Ill. Adm. Code 296.90 Grant Close Out

a) Grant recipients shall submit to the Office a final expenditure report detailing how the grant proceeds were used. This final expenditure report, to be submitted on a form supplied by the Office, shall be due not later than 60 calendar days after the conclusion of the grant period. Documentation in the final expenditure report must include, at a minimum, copies of paid invoices or cancelled checks, or any other documentation that may be requested by the Office.

b) The Office will notify the grant recipient that a final expenditure report is due 60 calendar days prior to the report due date.

c) The Office may extend the final expenditure report due date due to extenuating circumstances. If the Office extends the report due date, the Office shall justify the extension in writing. A final expenditure report due date may only be extended one time.

d) If a final expenditure report is not submitted within 15 business days after the original or extended due date, the Office shall withhold payments of any remaining grant funds from the grant award to the grant recipient until the reporting requirements are fulfilled. The Office shall also notify the grant recipient that required reporting is past due and that failure to promptly complete required reporting will result in the grant recipient being placed on the Illinois Stop Payment List. The notification shall include contact information for the Office's contact person for Stop Payment Status inquiries.

e) If the report is not submitted within 30 business days after the original or extended due date, the Office shall place the grant recipient in temporary Stop Payment Status on the Illinois Stop Payment List.

f) Grant recipients shall return any unused grant funds per the requirements outlined in the Illinois Grant Funds Recovery Act [30 ILCS 705].

History

• Source: Added at 50 Ill. Reg. 10950, effective August 1, 2026

41 Ill. Adm. Code 296.100 Compliance Requirements

Grant recipients shall comply with all Grant Accountability and Transparency Act [30 ILCS 705] and GATA administrative rules (44 Ill. Adm. Code 7000) requirements as outlined in the grant agreement.

History

• Source: Added at 50 Ill. Reg. 10950, effective August 1, 2026

Chapter I Office of the State Fire Marshal

Part 300 Furniture Fire Safety Regulations

41 Ill. Adm. Code 300.10 Scope

The standards and requirements of this Part are intended to be consistent with the Furniture Fire Safety Act (Act), Ill. Rev. Stat. 1991, ch. 127½, par. 951-1 through 951-8, and apply to seating furniture manufactured on or after March 1, 1991, that is used or intended for use in public occupancies.

41 Ill. Adm. Code 300.15 Definitions

"Child Day Care Center". Child Day Care Center means an occupancy, serving 12 or more children, 6 years of age or under, that provides care, maintenance, and supervision by other than their relative(s) or legal guardian(s), for less than 24 hours per day.

"Filling Materials". Filling materials means cotton, wool, kapok, feathers, down, hair, liquid, and any other material or substance, natural or man-made and any other prefabricated form, concealed or not concealed, to be used or that could be used in articles of seating furniture (Section 951-2 (c) of the Act).

"Health Care Facility". Health Care Facility are those occupancies used for purposes such as medical or other treatment, or care of persons suffering from physical or mental illness, disease or infirmity; and for the care of infants, convalescents, or infirm aged persons. Health care facilities provide sleeping facilities for the occupants or are occupied by persons who are mostly incapable of self-preservation because of age, physical or mental disability, or because of security measures not under the occupant's control. Health care occupancies include hospitals, nursing homes, custodial care facilities (nurseries, homes for the infirm aged, and mentally retarded care institutions), supervisory care facilities and ambulatory care facilities (NFPA 101 (1985) Section 4-1.4).

"Manufacturer". Manufacturer means a person who, either by himself or through employees or agents, makes any article of seating furniture in whole or in part (Section 951-2 (d) of the Act).

"NFPA". The term NFPA (N.F.P.A.) means the National Fire Protection Association, Batterymarch Park, Quincy MA, 02269. The number following NFPA is the standard number and is followed by the year designating the year of publication (or edition). Where the Office has adopted a standard, no later editions or amendments are included.

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

"Penal Institutions". Penal institutions as defined in Ill. Rev. Stat. 1991, ch. 38, par. 31-6.

"Public Assembly Areas of Hotels and Motels". Areas containing 10 or more pieces of seating furniture, available to the public on an invitee, contractual, rental or license basis. These areas include restaurants, lobbies, meeting rooms, conference rooms, auditoriums, ballrooms, lounges, and other occupancies as defined and described in NFPA 101 (1985) Section 4-1.2, and found to be in public areas of hotels and motels.

"Public Auditoriums and Stadiums". Areas containing individual fixed seating for 50 or more persons and used for entertainment, deliberation, amusement, sporting, musical and other events, such as in a theater, motion picture theater, lecture hall, as well as spectator seating areas of an arena, coliseum, or amphitheater, whether indoor or outdoor.

"Reupholstered". To replace filling materials or materials encasing or covering filling materials on an article of seating furniture.

"Seating Furniture". Any furniture, including children's furniture, movable or stationary, that is made of or with cushions or pillows, loose or attached, is itself stuffed or filled in whole or part with any filling material, or is or can be stuffed or filled in whole or part with any substance or material and its container and covering which can be used as a support for the body of a human being, or the limbs and feet when sitting or resting in an upright or reclining position (Section 951-2 (b) of the Act).

"Sell". To sell, offer or expose for sale, barter, trade, deliver, give away, rent, consign, lease or possess with an intent to sell or dispose of in any other commercial manner (Section 951-2 (a) of the Act).

"Technical Bulletin 116". State of California, Department of Consumer Affairs, Bureau of Home Furnishings and Thermal Insulation, 3485 Orange Grove Avenue, North Highlands, California, 95660-5595, Technical Bulletin 116, "Requirements, Test Procedures and Apparatus for Testing the Flame Retardance of Upholstered Furniture", (1980).

"Technical Bulletin 117". State of California, Department of Consumer Affairs, Bureau of Home Furnishings and Thermal Insulation, 3485 Orange Grove Avenue. North Highlands, California, 95660-5595, Technical Bulletin 117, "Requirements, Test Procedures and Apparatus for Testing the Flame Retardance of Resilient Filling Materials Used in Upholstered Furniture", (1980).

"Technical Bulletin 133". State of California, Department of Consumer Affairs, Bureau of Home Furnishings and Thermal Insulation, 3485 Orange Grove Avenue. North Highlands, California, 95660-5595, Technical Bulletin 133, "Flammability Test Procedures for Seating Furniture for Use in Public Occupancies", (1991).

"Uniform Building Code". Uniform Building Code, International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California, 90601, (1991).

41 Ill. Adm. Code 300.20 Performance Standards & Testing Procedures

a) Articles of seating furniture manufactured after March 1, 1991 that are used or intended for use in public occupancies or public assembly areas, as defined in this Part, that are not protected throughout by an approved automatic sprinkler system in accordance with NFPA 13 (1991), or the Uniform Building Code Standard 38-1 (1991), must meet the test requirements set forth in California Technical Bulletin 133 (1991), which is hereby incorporated by reference with no later editions or amendments.

b) All applicable flammability requirements of this Part are to be considered performance standards. Testing under these standards shall be at the discretion of the manufacturer; however, products and materials offered for sale in this State shall meet applicable flammability requirements established by this Part. The manufacturer is not required to test every article of seating furniture manufactured. A manufacturer may establish classification systems appropriate to its specific products and may use representative tests of samples of furniture within those classifications to establish compliance with the fire safety requirements of this Part.

c) Articles of seating furniture manufactured after March 1, 1991 that are used or intended for use in public occupancies or public assembly areas as defined in this Part, and are placed in occupancies that are protected throughout by an approved automatic sprinkler system in accordance with either NFPA 13, (1991), or the Uniform Building Code, Standard 38-1, (1991), must meet the test requirements as set forth in Technical Bulletin 116, (1980), and Technical Bulletin 117, (1980), and which are hereby incorporated by reference with no later editions or amendments.

41 Ill. Adm. Code 300.25 Exemptions

a) Articles of seating furniture, other than juvenile furniture and furniture used for and in facilities designed for the care or treatment of humans, which meet any of the following criteria are exempt from compliance with the provisions of the Part:

1. Cushions and pads intended solely for outdoor use.

2. Any article which is smooth surfaced and contains no more than one-half inch of filling material, if such article does not have a horizontal surface meeting a vertical surface.

3. Articles manufactured solely for recreational use or physical fitness purposes, such as weightlifting benches, gymnasium mats or pads, sidehorses, and similar articles.

b) Public occupancies and public assembly areas that are protected throughout by an approved automatic sprinkler system in accordance with either National Fire Protection Association (NFPA) Standard 13 (1991), or Uniform Building Code Standard 38-1, (1991), are exempt from the provisions of this Code, but must comply with test requirements as set forth in Technical Bulletin 117, (1980), and Technical Bulletin 116 (1980).

c) Re-upholstered Furniture. An article of seating furniture in use in a public occupancy may be reupholstered without having to meet the performance standard of Section 300.20, provided that replacement filling material is fire retardant and that all filling material is completely encased in material designed to slow the spread of fire, increase escape time, prevent rapid combustion, insulate internal materials, and restrict generated gases. Reupholstered furniture shall meet the labeling requirements set forth in Section 300.30.

41 Ill. Adm. Code 300.30 Labeling Requirements

a) An article of seating furniture conforming to the requirements of Section 300.20(a) shall have a label permanently attached by the manufacturer to a surface of the article, stating the following:

"NOTICE

THIS ARTICLE IS MANUFACTURED FOR USE IN PUBLIC OCCUPANCIES AND MEETS THE FLAMMABILITY REQUIREMENTS OF CALIFORNIA BUREAU OF HOME FURNISHINGS TECHNICAL BULLETIN 133. HOWEVER, CARE SHOULD BE EXERCISED NEAR OPEN FLAME OR WITH BURNING CIGARETTES."

b) An article of seating furniture conforming to the requirements of Section 300.20(c) shall have a label permanently attached by the manufacturer to a surface of the article, stating the following:

"NOTICE

THIS ARTICLE IS MANUFACTURED FOR USE IN PUBLIC OCCUPANCIES AND MEETS THE FLAMMABILITY REQUIREMENTS OF CALIFORNIA TECHNICAL BULLETIN 116 AND TECHNICAL BULLETIN 117. HOWEVER, CARE SHOULD BE EXERCISED NEAR OPEN FLAME OR WITH BURNING CIGARETTES."

c) Re-Upholstered Furniture. A re-upholstered article of seating furniture that meets the requirements of Section 300.25(c), and that is exempt from the requirements of Section 300.20, shall have a label permanently attached by the manufacturer to a surface of the article, stating the following:

"NOTICE

THIS ARTICLE HAS BEEN RE-UPHOLSTERED FOR USE IN PUBLIC OCCUPANCIES AND MEETS THE FLAMMABILITY REQUIREMENTS OF 41 IL. ADM. CODE 300.25. THIS ARTICLE IS EXEMPT FROM THE FLAMMABILITY REQUIREMENTS OF CALIFORNIA BUREAU OF HOME FURNISHINGS TECHNICAL BULLETIN 133. HOWEVER, CARE SHOULD BE EXERCISED NEAR OPEN FLAME AND WITH BURNING CIGARETTES."

d) Furniture Granted Special Exemption. Any article of seating furniture meeting the requirements set forth in Section 300.40, shall have a label permanently attached by the manufacturer to a surface of the article of furniture. The label shall indicate the exemption number and date, manufacturer's name and address, and must state the following:

"NOTICE

THIS ARTICLE HAS BEEN GIVEN A SPECIAL EXEMPTION BY THE OFFICE OF THE ILLINOIS STATE FIRE MARSHAL AND HAS NOT BEEN TESTED TO MEET THE REQUIREMENTS OF CALIFORNIA BUREAU OF HOME FURNISHINGS FLAMMABILITY REQUIREMENTS TECHNICAL BULLETINS 116, 117 or 133. CARE SHOULD BE EXERCISED NEAR OPEN FLAME OR WITH BURNING CIGARETTES."

e) Size of Labels. Required labels shall be a minimum of two inches by three inches in size. All wording shall be in plainly legible capital letters not less than one-eighth inch in height. The label shall be attached in an area accessible by the inspector, but as to not hinder or interfere with the aesthetics of the article.

41 Ill. Adm. Code 300.35 Documentation

When a manufacturer labels an article of seating furniture under the requirements of Section 300.30, the manufacturer shall maintain a written record documenting the basis upon which it determined that the article met the requirements of Section 300.20. The documentation must include test data showing that at least one article of seating furniture was tested in conformance with and met the requirements of the applicable Technical Bulletin. The documentation must also clearly demonstrate that the labeled article would meet Technical Bulletins outlined in this Part based on comparisons to the test data. Copies of this documentation shall be transferred to the buyers or their agent upon sale of said furniture.

41 Ill. Adm. Code 300.40 Furniture Granted Special Exemption

A public occupancy may request a special exemption from the provisions of these rules when testing of the seating furniture is prohibitive due to the uniqueness of the seating furniture and its particular function. The procedure for requesting a special exemption shall be:

a) The public occupancy must submit documentation from the Manufacturer to the Office proving all of the following:

1. That the particular seating furniture is of a unique construction and design that is required for a particular function, and

2. That no other article of seating furniture will provide the same function, and

3. That the manufacturer of the furniture refuses to submit the item to testing, and

4. That no other manufacturer produces the item, or that all manufacturers have similarly refused, and

5. That the item is not customarily manufactured for and used in public occupancies or is a specialized design manufactured in only limited quantities.

b) The material covering the padding and filling material must be resistant to the spread of flame.

c) The Office shall grant a special exemption within 30 days when the requirements above have been met. The Office will issue an exemption number and date, which shall be included on the label required in Section 300.30(d).

d) A label as outlined in Section 300.30(d) shall be permanently attached by the Manufacturer giving the exemption number and date, as well as the Manufacturer's name and address. The public occupancy must also maintain records of the article and the exemption.

41 Ill. Adm. Code 300.50 Enforcement

a) Inspect, audit or review.

1. The Office shall inspect or audit the testing of seating furniture and shall review seating furniture records as necessary to verify compliance with the requirements of this Part. When requested by the Office, a manufacturer of seating furniture shall permit the Office to inspect or audit the testing of manufacturer's seating furniture and to review the manufacturer's documentation that an article complies with the applicable Technical Bulletins.

2. The Office shall inspect the labels to verify compliance with these requirements of this Part. The Office shall inspect and audit the documentation required for seating furniture as necessary to verify compliance.

b) Removal or correction. When the Office has sufficient cause to believe that an article of seating furniture does not comply with this Part, and that the article is used or intended for use in a public occupancy, the Office shall order the removal or correction of the article as may be necessary for the enforcement of this Part and for the safeguarding of lives and property from fire.

c) Administrative Hearing. The Office, upon request, shall conduct a hearing pursuant to the Ill. Rev. Stat. 1991, ch. 127½, par. 10 to review the order to remove or correct.

Part 400 Fire Safety Standards for Cigarettes

41 Ill. Adm. Code 400.10 Scope

a) On and after January 1, 2008, no cigarettes subject to the provisions of the Cigarette Fire Safety Standard Act or this Part shall be sold or offered for sale in this State unless:

1. the cigarettes have been tested in accordance with the test method prescribed in Section 400.30;

2. the cigarettes meet the performance standard specified in Section 400.40; and

3. a written certification has been filed by the manufacturer with the Office of the State Fire Marshal, Division of Safety Compliance, 1035 Stevenson Drive, Springfield IL 62703 and the Office of the Attorney General, Tobacco Enforcement Bureau, 500 S. Second Street, Springfield IL 62706, in accordance with Section 400.60.

b) Nothing in this Part shall prohibit wholesale dealers or retail dealers from selling their inventory of cigarettes existing on January 1, 2008, provided that the wholesale dealer or retail dealer can establish that Illinois State tax stamps were affixed to these cigarettes prior to January 1, 2008, and provided further that the wholesale dealer or retail dealer can establish that the inventory was purchased prior to January 1, 2008 in comparable quantity to the inventory purchased during the same period in the prior year.

c) Nothing in this Part shall be construed to prohibit cigarettes that have not been certified by the manufacturer in accordance with Section 30 of the Act if the cigarettes are or will be stamped for sale in another state or are packaged for sale outside the United States.

41 Ill. Adm. Code 400.20 Definitions

For the purposes of this Part:

"Act" means the Cigarette Fire Safety Standard Act [425 ILCS 8].

"Agent" means any person licensed by the Department of Revenue to purchase and affix adhesive or meter stamps on packages of cigarettes.

"Cigarette" means any roll for smoking, whether made wholly or in part of tobacco or any other substance, irrespective of size or shape, and whether or not such tobacco or substance is flavored, adulterated, or mixed with any other ingredient, the wrapper or cover of which is made of paper or any other substance or material except tobacco.

"Manufacturer" means:

any entity that manufactures or otherwise produces cigarettes or causes cigarettes to be manufactured or produced anywhere that the manufacturer intends to be sold in this State, including cigarettes intended to be sold in the United States through an importer;

The first purchaser anywhere that intends to resell in the United States cigarettes manufactured anywhere that the original manufacturer or maker does not intend to be sold in the United States; or

any entity that becomes a successor of an entity described above.

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

"Quality Control and Quality Assurance Program" means the laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect the results of the testing. This program ensures that the testing repeatability remains within the required repeatability values stated in Section 400.30(e) of this Part for all test trials used to certify cigarettes in accordance with the Act.

"Repeatability" means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall 95% of the time.

"Retail Dealer" means any person, other than a manufacturer or wholesale dealer, engaged in selling cigarettes or tobacco products.

"Sale" means any transfer of title or possession or both, exchange or barter, conditional or otherwise, in any manner or by any means whatever or any agreement therefore. In addition to cash and credit sales, the giving of cigarettes as samples, prizes, or gifts and the exchanging of cigarettes for any consideration other than money are considered sales.

"Sell" means to sell or to offer or agree to sell.

"Wholesale Dealer" means any person who sells cigarettes or tobacco products to retail dealers or other persons for purposes of resale, and any person who owns, operates or maintains one or more cigarette or tobacco product vending machines in, at or upon premises owned or occupied by any other person. [425 ILCS 8/5]

41 Ill. Adm. Code 400.30 Test Method

a) Testing of cigarettes shall be conducted in accordance with the American Society of Testing and Materials (ASTM) Standard E2187-04 (2004) "Standard Test Method for Measuring the Ignition Strength of Cigarettes". [425 ILCS 8/15(a)] This standard may be obtained from the publisher at ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken PA 19428-2959. This material is available for public inspection and distribution at the Office of the State Fire Marshal, 1035 Stevenson Drive, Springfield IL 62703.

b) Testing shall be conducted on 10 layers of filter paper. [425 ILCS 8/15(b)]

c) Forty replicate tests shall comprise a complete test trial for each cigarette tested. [425 ILCS 8/15(c)]

d) The performance standard required by Section 400.40 shall only be applied to a complete test trial. [425 ILCS 8/15(d)

e) Laboratories conducting testing in accordance with this Section shall implement a quality control and quality assurance program that includes a procedure that will determine the repeatability of the testing results. The repeatability value shall be no greater than 0.19 pursuant to Section 400.40. [425 ILCS 8/15(e)]

f) This Part does not require additional testing, in accordance with this Section, if cigarettes are tested consistently with the Act for any other purpose. [425 ILCS 8/15(f)] OSFM may, at its sole discretion, conduct random independent tests of certified brands to verify the accuracy of the information submitted to OSFM by the manufacturer. This testing shall be conducted in accordance with this Section.

41 Ill. Adm. Code 400.40 Performance Standard

a) When tested in accordance with Section 400.30, no more than 25 percent of the cigarettes tested in a test trial shall exhibit full length burns. [425 ILCS 8/20(a)]

b) Each cigarette listed in a certification submitted pursuant to Section 400.60 that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standard set forth in subsection (a) shall have at least 2 nominally identical bands on the paper surrounding the tobacco column. At least one complete band shall be located at least 15 millimeters from the lighting end of the cigarette. For cigarettes on which the bands are positioned by design, there shall be at least 2 bands fully located at least 15 millimeters from the lighting end and 10 millimeters from the filter end of the tobacco column or 10 millimeters from the labeled end of the tobacco column for a non-filtered cigarette. [425 ILCS 8/20(b)]

c) The manufacturer of a cigarette that OSFM determines cannot be tested in accordance with the test method prescribed in Section 400.30 shall propose a test method and performance standard for that cigarette to OSFM. Upon approval of the proposed test method and a determination by OSFM that the performance standard proposed by the manufacturer is equivalent to the performance standard prescribed in Section 400.40, the manufacturer may employ that test method and performance standard to certify the cigarette pursuant to Section 400.60. [425 ILCS 8/20(c)] All other applicable requirements of this Part shall apply to the manufacturer.

d) If OSFM determines that another state, with reduced cigarette ignition propensity standards that are the same as those contained in the Act, has adopted an alternative test method and performance standard for a particular cigarette proposed by a manufacturer as meeting the fire safety standards of that state's law or regulation, then the State Fire Marshal shall authorize that manufacturer to employ the alternative test method and performance standard to certify that cigarette for sale in this State unless the State Fire Marshal demonstrates reasonable basis for not accepting the alternative test method and performance standard. [425 ILCS 8/20(c)]

41 Ill. Adm. Code 400.50 Test Data

In order to ensure compliance with the performance standard specified in Section 400.40, data from testing conducted by manufacturers to comply with this performance standard shall be kept on file by the manufacturers for a period of 3 years and shall be sent to OSFM upon its request, and to the Office of the Attorney General upon its request, at the addresses specified in Section 400.10(a)(3). [425 ILCS 8/25]

41 Ill. Adm. Code 400.60 Certification

a) Each manufacturer shall submit a written certification attesting that:

1. each cigarette listed in the certification has been tested in accordance with Section 400.30 prior to January 1, 2008 for the initial certification; and

2. each cigarette listed in the certification meets the performance standard set forth in Section 400.40 or meets the performance standard of any other state having equal or stricter performance standards. [425 ILCS 8/30(a)]

b) Each cigarette listed in the certification shall be described with the following information:

1. brand (i.e., the trade name on the package);

2. style (e.g., light, ultra light);

3. length in millimeters;

4. circumference in millimeters;

5. flavor (e.g., menthol, chocolate), if applicable;

6. filter or non-filter;

7. package description (e.g., soft pack, box); and

8. marking approved in accordance with Section 400.80. [425 ILCS 8/30(b)]

c) Each cigarette certified under this Section shall be re-certified every 3 years. [425 ILCS 8/30(c)] Recertification may be coordinated with recertification required by other states with the same standard.

d) In addition to the certification, each manufacturer shall provide identification of the wholesale dealers and agents that are provided markings by the manufacturer and the number of copies of the markings provided by the manufacturer to each wholesale dealer and agent. Notice of electronic transmission of the marking to a wholesale dealer or agent shall satisfy the requirement to identify the number of copies of the markings. Each manufacturer shall also provide such additional information as may be required by OSFM, upon request of OSFM.

41 Ill. Adm. Code 400.70 Notification of Certification

a) After the acceptance of the manufacturer's certification by OSFM, manufacturers certifying cigarettes in accordance with Section 400.60 shall provide a copy of the certifications to all wholesale dealers and agents to which they sell cigarettes. Manufacturers shall also provide sufficient copies of an illustration of the cigarette packaging marking utilized by the manufacturer pursuant to Section 400.80 for each retailer to which the wholesale dealers and agents sell cigarettes. Wholesale dealers and agents shall provide a copy of these cigarette packaging markings received from manufacturers to all retail dealers to which they sell cigarettes. Wholesale dealers, agents and retail dealers shall permit OSFM, Department of Revenue, and the Office of the Attorney General to inspect cigarette packaging to ensure it is marked in accordance with Section 400.80. [425 ILCS 8/35]

b) OSFM and the Office of the Attorney General will cooperate to produce a list of cigarette brands and styles that are legal for sale under any and all of the laws of the State of Illinois.

c) If OSFM intends to remove a brand from the certified list, it will send a notice of intent to remove to the manufacturer. The notice of intent to remove shall include:

1. the factual and legal deficiencies upon which OSFM's intended action rests;

2. the actions that the manufacturer must undertake to cure the factual or legal deficiencies upon which the intended action is based; and

3. a notification that the manufacturer shall have 30 calendar days to cure deficiencies and submit documentation or other information of its attempt to cure to OSFM. OSFM may extend the time period for a manufacturer to cure its deficiencies.

41 Ill. Adm. Code 400.80 Marking of Cigarette Packaging

a) Cigarettes that have been certified by a manufacturer in accordance with Section 400.60 shall be marked to indicate compliance with the requirements of this Part. Marking shall be in 8 point type or larger and consist of:

1. Modification of the product UPC Code to include a visible mark printed at or around the area of the UPC Code. The mark may consist of alphanumeric or symbolic characters, or a combination of alphanumeric and symbolic characters, permanently stamped, engraved, embossed or printed in conjunction with the UPC [425 ILCS 8/40(a)]; or

2. A manufacturer's marking that is approved for use in the State of New York. [425 ILCS 8/40(d)]

b) A manufacturer must use only one marking, and must apply this marking uniformly for all packages (including but not limited to packs, cartons and cases) and brands marketed by that manufacturer. [425 ILCS 8/40(b)]

c) The OSFM must be notified at the address specified in Section 400.10(a)(3) as to the marking that is selected [425 ILCS 8/40(c)].

d) Prior to the certification of any cigarette, a manufacturer shall present its proposed marking to OSFM for approval. Upon receipt of the request, OSFM will approve or disapprove the marking offered. Proposed markings shall be deemed approved if OSFM fails to act within 10 business days after receiving a request for approval. [425 ILCS 8/40(d)]

e) No manufacturer shall modify its approved marking unless the modification has been approved by OSFM in accordance with this Section. [425 ILCS 8/40(e)]

41 Ill. Adm. Code 400.90 Penalties

a) Any manufacturer, wholesale dealer, agent, or other person or entity who knowingly sells cigarettes wholesale in violation of Section 400.10(a)(3) shall be subject to a civil penalty not to exceed $10,000 for each sale of the cigarettes.

b) Any retail dealer who knowingly sells cigarettes in violation of Section 10 of the Act shall be subject to the following:

1. a civil penalty not to exceed $500 for each sale or offer for sale of cigarettes, provided that the total number of cigarettes sold or offered for sale in that sale does not exceed 1,000 cigarettes;

2. a civil penalty not to exceed $1,000 for each sale or offer for sale of the cigarettes, provided that the total number of cigarettes sold or offered for sale in that sale exceeds 1,000 cigarettes.

c) In addition to any penalty prescribed by law, any corporation, partnership, sole proprietorship, limited partnership, or association engaged in the manufacture of cigarettes that knowingly makes a false certification pursuant to Section 30 of this Act shall be subject to a civil penalty not to exceed $10,000 for each false certification.

d) Upon discovery by OSFM, the Department of Revenue, the Office of the Attorney General, or a law enforcement agency that any person offers, possesses for sale, or has made a sale of cigarettes in violation of Section 10 of the Act, OSFM, the Department of Revenue, the Office of the Attorney General, or the law enforcement agency may seize those cigarettes possessed in violation of the Act. [425 ILCS 8/45]

e) To enforce the provisions of the Act, the Attorney General may bring an action on behalf of the people of this State to enjoin acts in violation of the Act and to recover civil penalties authorized under Section 45 of the Act and this Part. [425 ILCS 8/50]

41 Ill. Adm. Code 400.100 Federal Fire Safety Standards

If federal fire safety standards for cigarettes preempt the Act or this Part, the OSFM will repeal this Part.

41 Ill. Adm. Code 400.110 Notification to the Osfm

All required notices, test results and documents shall be sent to:

Office of the State Fire Marshal

Division of Safety Compliance

1035 Stevenson Drive

Springfield IL 62703

Chapter II Elevator Safety Review Board

Part 1000 Illinois Elevator Safety Rules

41 Ill. Adm. Code 1000.10 Purpose of This Part

The purpose of this Part is to assure that conveyances are correctly and safely installed and operated within the State by regulating the installation, construction, operation, inspection, testing, maintenance, alteration, and repair of elevators, dumbwaiters, escalators, moving sidewalks, platform lifts, stairway chairlifts, and automated people movers, and by licensing personnel and businesses that work on these conveyances.

History

• Source: Amended at 32 Ill. Reg. 8377, effective May 27, 2008

41 Ill. Adm. Code 1000.20 Applicability

a) This Part applies to the construction, operation, inspection, testing, maintenance, alteration and repair of the following equipment, its associated parts, and its hoistways (except as modified by subsection (c)):

1. Hoisting and lowering mechanisms equipped with a car or platform that move between 2 or more landings, including, but not limited to, elevators, platform lifts and stairway chairlifts;

2. Power driven stairways and walkways for carrying persons between landings. This equipment includes, but is not limited to, escalators and moving walkways;

3. Hoisting and lowering mechanisms equipped with a car which serves 2 or more landings and is restricted to the carrying of material by its limited size or limited access to the car, including, but not limited to, dumbwaiters, material lifts and dumbwaiters with automatic transfer devices;

4. Automatic guided transit vehicles on guide ways with an exclusive right-of-way. This equipment includes, but is not limited to, automated people movers. [225 ILCS 312/10(a) and (b)]

b) This Part does not apply to a municipality with a population over 500,000, with the exception of any state-owned building within that municipality. [225 ILCS 312/10(d)].

c) This Part does not apply to the following equipment:

1. Material hoists within the scope of ANSI A10.5.

2. Manlifts within the scope of ASME A90.1.

3. Mobile scaffolds, towers, and platforms within the scope of ANSI A92.

4. Powered platforms and equipment for exterior and interior maintenance within the scope of ANSI A120.1.

5. Conveyors and related equipment within the scope of ASME B20.1.

6. Cranes, derricks, hoists, hooks, jacks, and slings within the scope of ASME B30.

7. Industrial trucks within the scope of ASME B56.

8. Portable equipment, except for portable escalators that are covered by ANSI A17.1.

9. Tiering or piling machines used to move materials to and from storage located and operating entirely within one story.

10. Equipment for feeding or positioning materials at machine tools, printing presses, etc.

11. Skip or furnace hoists.

12. Wharf ramps.

13. Railroad car lifts or dumpers.

14. Line jacks, false cars, shafters, moving platforms, and similar equipment used for installing an elevator by a contractor licensed in this State.

15. Conveyances located in a private residence not accessible to the public.

16. Special purpose personnel elevators within the scope of ASME A17.1 and used only by authorized personnel.

17. Personnel hoists and employee elevators for construction and demolition operations within the scope of ANSI A10.4.

18. Wind turbine tower elevators within the scope of ASME A17.8. [225 ILCS 312/10(c)]

History

• Source: Amended at 48 Ill. Reg. 825, effective December 28, 2023

41 Ill. Adm. Code 1000.30 Definitions

For the purposes of this Part, the definitions of terms in Section 15 of the Act and in this Section shall apply.

"Acceptance Inspection" means an inspection performed at the completion of the initial installation or alteration of equipment in accordance with applicable standards.

"Act" means the Elevator Safety and Regulation Act [225 ILCS 312].

"Alteration" means any change to equipment, including its parts, components or subsystems, other than maintenance, repair or replacement of the equipment or its parts, components or subsystems. [225 ILCS 312/15] For the purpose of this Part and the Act, this definition will take precedence over similar definitions used in safety codes incorporated by reference in Section 1000.60.

"Authority Having Jurisdiction", as used in ASME A17.1-2010/CSA B44-10, and Performance-Based Safety Code for Elevators and Escalators (ASME A17.7-2007/CSA B44.7-07), means the Board.

"Board" means the Elevator Safety Review Board created by Section 25 of the Act [225 ILCS 312/15].

"Certificate of Conformance" means a certificate issued by a nationally accredited independent conveyance certification organization designated by ANSI, ASME or SCC (Standards Council of Canada) to operate a certification program that conforms to the Performance-Based Safety Code for Elevators and Escalators (ASME A17.7/CSA B44.7) and that evaluates new technology applicable to a conveyance for conformance with ASME A17.7/CSA B44.7. The Certificate of Conformance provides proof that the conveyance complies with ASME A17.7/CSA B44.7 and any other applicable codes required under the Act. The Certificate shall be part of the basis for approval by the Board.

"Certificate of Operation" means a certificate issued by OSFM or the Local Administrator that indicates that the conveyance:

has passed the required safety inspection and tests;

has been registered; and

fees have been paid. [225 ILCS 312/15]

"Code" or "State Code" means the standards and recommendations incorporated by reference in Section 1000.60.

"Contractor License Designee" means an individual designated by a licensed elevator contractor or licensed limited elevator contractor who holds a current elevator mechanic's license or limited elevator mechanic's license and has the responsibility to ensure that work performed by the contractor is done so in conformance with the Act.

"Elevator Contractor" means any person, firm, or corporation who possesses an elevator contractor license in accordance with the provisions of Sections 40 and 55 of the Act and who is engaged in the business of erecting, constructing, installing, altering, servicing, repairing, or maintaining and is entitled to perform electrical work on elevators or related conveyances covered by the Act within any building or structure, except exempt private residences. [225 ILCS 312/15]

"Elevator Industry Apprentice" means an individual who is enrolled in an apprenticeship program approved by the Bureau of Apprenticeship and Training of the U.S. Department of Labor and who is registered by OSFM and works under the general direction of a licensed elevator mechanic or licensed limited elevator mechanic. Licensure is not required for an elevator industry apprentice. [225 ILCS 312/15]

"Elevator Inspector" means any inspector, as that term is defined in ASME QEI, who possesses an elevator inspector license in accordance with the provisions of the Act. [225 ILCS 312/15]

"Elevator Mechanic" means any person who possesses an elevator mechanic license in accordance with the provisions of Section 45 of the Act and who is engaged in erecting, constructing, installing, altering, servicing, repairing, or maintaining elevators or related conveyances covered by the Act. [225 ILCS 312/15]

"Emergency Elevator Mechanic License" means a license issued by OSFM, under Section 45(d) of the Act and Section 1000.80(d) of this Part and based upon the certification of a licensed elevator contractor or licensed limited elevator contractor, whenever OSFM determines that an emergency exists in the State due to disaster or work stoppage and the number of persons in the State holding mechanic licenses is insufficient to cope with the emergency. [225 ILCS 312/45(d)]

"Hearing Officer" means the presiding officer or officers at the initial hearing before the Board and each continuation of that hearing. A hearing officer must be an attorney-at-law licensed to practice in Illinois.

"Inspector's License" or " Inspection Company License" means a license issued to an ASME QEI certified elevator inspector or inspection company that has proven the inspector's or the company's qualifications and ability, and has been authorized by the OSFM to possess this type of license under the provisions of this Part. [225 ILCS 312/15]

"Inspection Company License Designee" means an individual designated by a licensed elevator inspection company who holds an elevator inspector license.

"Limited Elevator Contractor License" means a license issued by OSFM, under Section 1000.80(g), that limits the licensee's business to a specific type of conveyance described in ASME A18.1.

"Limited Elevator Mechanic License" means a license issued by OSFM, under Section 1000.80(a), that authorizes the licensee to carry on a business of erecting, constructing, installing, altering, servicing, repairing or maintaining a specific type of conveyance described in ASME A18.1 within any building or structure. [225 ILCS 312/15]

"Local Administrator" means the municipality or county that entered into a local elevator agreement with OSFM to operate its own elevator safety program in accordance with the Act and this Part.

"Material Alteration" means an "alteration", defined in ASME A17.1 as, any change to equipment, including its parts, components, and/or subsystems, other than maintenance, repair, or replacement.

"New Technology" means an elevator system, component or subsystem that has not been addressed in the Safety Code for Elevators and Escalators (ASME A17.1-2010/CSA B44-10), but meets the requirements of a certificate of conformance under the Performance-Based Safety Code for Elevators and Escalators (ASME A17.7-2007/CSA B44.7-07).

"OSFM" means the Office of the State Fire Marshal, which is designated by the Act to be the administrator of the Illinois Elevator Safety and Regulation Program.

"Owner" means the owner of the conveyance, which could be an individual, a group of individuals or an association, trust, partnership, corporation or person doing business under an assumed name. The owner may delegate his, her or its authority to manage the day-to-day operations of the conveyance to another party, but may not delegate his, her or its responsibilities and duties under the Act and this Part. [225 ILCS 312/15]

"Private Residence" means a separate dwelling or a separate apartment or condominium unit in a multiple-family dwelling that is occupied by members of a single-family unit. [225 ILCS 312/15] Private residence excludes a unit used on a time-share basis by more than one family over a period of time.

"Repair", as defined in ASME A17.1, means reconditioning or renewal of parts, components, and/or subsystems necessary to keep equipment in compliance with applicable code requirements. Repair includes only such work as is necessary to maintain present equipment in a safe and serviceable condition and to adjust or replace defective, broken, or worn parts with parts made of equivalent material, strength, and design, if the replacing part performs the same function as the replaced part.

"Temporary Elevator Mechanic License" means a temporary license issued by OSFM, under Section 45(e) of the Act and Section 1000.80(c) of this Part, when OSFM agrees that there are no licensed personnel available to perform elevator work, and upon the request and certification of a licensed elevator contractor or licensed limited elevator contractor. The individual receiving the temporary elevator mechanic license shall have an acceptable combination of documented experience and education to perform elevator work without direct and immediate supervision. [225 ILCS 312/45(e)]

"Temporary Limited Authority" means a temporary license to perform work on a specific type of conveyance described in ASME A18.1 issued, under Section 45(g) of the Act and Section 1000.80(a)(3) of this Part. A temporary license will be issued when OSFM agrees that there are no licensed personnel available to perform elevator work. The license will be issued by OSFM to an individual that OSFM agrees is qualified to perform the work.

History

• Source: Amended at 48 Ill. Reg. 825, effective December 28, 2023

41 Ill. Adm. Code 1000.40 Local Regulation

a) Authorization of Local Programs

Provided that the local program safety standards, codes and regulations are at least as stringent as those adopted in this Part, a municipality or county may enter into an agreement with OSFM under which the municipality or county will operate a local program. The agreement will include the terms described in this Section.

1. Under the local program, the municipality or county shall:

A) Issue construction and alteration permits and certificates of operation;

B) Provide for inspection of elevators, including temporary operation inspections which assess a conveyance’s readiness for use in performing tasks for construction or demolition purposes only, such as providing transportation for construction personnel, tools and material, in accordance with ASME A17.1, Section 5.10;

C) Grant exceptions and variances from the literal requirements of applicable State codes, standards and regulations in cases in which such variances would not jeopardize the public safety and welfare;

D) Enforce the applicable provisions of the Act, and levy fines in

accordance with the Municipal Code [65 ILCS 5] or Counties Code [55 ILCS 5]. [225 ILCS 312/140(a)];

E) Maintain for inspection by OSFM copies of all applications for permits and permits issued, grants or denials of exceptions or variances, copies of each inspection report issued, and proper records showing the number of certificates of operation issued by that jurisdiction. [225 ILCS 312/140(a)] These materials shall be maintained for a 2-year period from the date of permit issuance for permit records and from the date of inspection for inspection records;

F) Ensure that each required inspection will be conducted by a licensed elevator inspector [225 ILCS 312/140(a)];

G) Notify OSFM immediately by mail of any exception or variance granted. OSFM may object to the exception or variance within 7 business days after receipt of the notice. Should OSFM and the Local Administrator not reach agreement on the exception or variance, the matter shall be directed to the Board to hear and decide. [225 ILCS 312/140(d)];

H) Notify OSFM at least 90 days prior to termination of the local program (see subsection (e)(1)) in the event the Local Administrator elects to discontinue regulating conveyances; and

I) Comply with any other provisions deemed necessary by the Administrator. (See 225 ILCS 312/140(a).)

2. The Local Administrator may assess a reasonable fee for permits, exceptions, variances, certificates of operation, or inspections performed by its inspectors. [225 ILCS 312/140(a)]

3. The Local Administrator may choose to require that inspections be performed by its own Illinois licensed inspectors or by private Illinois licensed elevator inspectors. [225 ILCS 312/140(a)]

4. Any safety standards or regulations adopted by a municipality or county pursuant to 225 ILCS 312/140(a) must be at least as stringent as those provided for in the Act and Section 1000.60 of this Part.

b) Approval of the Local Program

1. Application

Any municipality or county that chooses to inspect or otherwise regulate conveyances must apply to OSFM for approval of the local program. The application shall include the name of the local program administrator, the standards and regulations adopted, the number and types of conveyances covered by the program, the name and license number of inspectors, and other reasonable information OSFM may request. The form shall be provided by OSFM.

2. Approval and Program Agreement

If OSFM determines that the local program will be at least as stringent as the requirements of the Act and this Part, OSFM will so notify the local program. Each municipality or county approved by OSFM to implement a local program shall enter into a written agreement with OSFM under which the local program will apply within the described territory.

3. Existing Local Programs

No municipality or county may operate a local program unless it has entered into an agreement with OSFM.

4. Review by OSFM

OSFM may review and audit the program of any Local Administrator and inspect the permits issued, grants and denials of exceptions or variances, inspection reports, and records related to the conveyances under the local program. OSFM will provide the Local Administrator reasonable advance notice of the review, audit and/or inspection.

c) Local Enforcement

Within the jurisdiction of an approved local program, except as otherwise provided in this subsection (c), the procedural requirements of the local program shall be followed, rather than the procedural requirements of this Part, including the specified fees. However, all conveyances located within the jurisdiction of a local program shall be registered with OSFM in accordance with Section 80 of the Act and Section 1000.120 of this Part.

d) Reporting and Recordkeeping

1. Reporting

OSFM may request certain reports and information to be provided on a periodic basis to assure that local programs are operating in conformance with the Act.

2. Recordkeeping

A municipality or county that operates a local program shall maintain for inspection for a 2-year period the records required in subsection (a)(1)(E).

e) Discontinuance of a Local Program

1. Discontinuance by the Local Jurisdiction

Should a local program determine to discontinue inspecting or otherwise regulating conveyances, the local program administrator shall notify OSFM 90 days prior to termination of the program. The municipality or county shall make available to OSFM program records and documents necessary for OSFM to maintain regulatory continuity.

2. Discontinuance by OSFM

OSFM may monitor the local programs and, if a program is found to not meet the requirements of the Act and this Part, notify the Local Administrator of corrective actions needed to be taken to bring its program into compliance. OSFM may, after allowing time for corrective action and after a hearing under 41 Ill. Adm. Code 210 and Section 1000.160 of this Part, withdraw approval of a non-compliant local program.

History

• Source: Amended at 48 Ill. Reg. 825, effective December 28, 2023

41 Ill. Adm. Code 1000.50 Elevator Safety Review Board

a) Appointment

The Elevator Safety Review Board consists of 17 members, 14 of whom are appointed by the Governor and 3 of whom are appointed by the State Fire Marshal under Section 25 of the Act. See Section 25 of the Act for specific representation and terms of office. [225 ILCS 312/25]

b) Quorum

Nine Board members shall constitute a quorum. A quorum is required for all Board decisions.

c) Powers and Duties of the Board

Section 35 of the Act authorizes the Board to adopt rules for administration and enforcement of the Act. The rules shall establish standards and criteria consistent with the Act for licensing of elevator mechanics, limited elevator mechanics, inspectors and contractors. The Board may grant variances from the applicable standards (see Section 1000.70), establish fees and recommend changes to the Act.

1. The Board shall adopt, or amend and adopt, the latest editions of the standards referenced in Section 35 of the Act within 12 months after the effective date of the standards.

2. The Board shall make determinations authorized by the Act regarding implementation and regulation of new technology. Board determinations shall have a binding precedential effect throughout the State regarding equipment, structure or the enforcement of codes unless limited by the Board to the fact-specific issues.

3. The Board shall have the authority to hear appeals of any denial by the Local Administrator or of any denial or objection by OSFM.

4. The Board shall hold hearings and decide appeals within 30 days from the date of the hearing.

5. The Board shall establish fee schedules for licenses and registrations issued by OFSM. The Board shall also establish fee schedules for permits and certificates for conveyances not under a Local Administrator. The fees shall be set at an amount necessary to cover the actual costs and expenses to operate the Board and to conduct its duties as described in the Act. [225 ILCS 312/35]

d) Contact

The Board's office is located at the Office of the Illinois State Fire Marshal, Elevator Safety Division, 555 West Monroe Street, Suite 1300-N, Chicago, Illinois 60661.

History

• Source: Amended at 48 Ill. Reg. 825, effective December 28, 2023

41 Ill. Adm. Code 1000.60 Adoption of Nationally Recognized Safety Codes

a) All conveyances shall be designed, constructed, installed, operated, inspected, tested, maintained, altered and repaired in accordance with the following standards and safety codes:

1. American Society of Mechanical Engineers (ASME)

Three Park Avenue

New York NY 10016-5990

A) Safety Code for Elevators and Escalators (ASME A17.1‑2019/CSA B44-2019) and Performance-Based Safety Code for Elevators and Escalators (ASME A17.7-2007 reaffirmed 2017/CSA B44.7-07 reaffirmed 2017).

Modification and Exclusion to the Safety Code for Elevators and Escalators (ASME A17.1‑2019/CSA B44-2019) adopted by the Illinois Elevator Safety Review Board:

i) Modification: Witnessing of Initiating Devices for Fireman's Emergency Operation.

All initiating devices for all elevators shall be tested every 5 years. The test shall be witnessed by an elevator inspector. Documentation of the results of the testing of initiating devices must be kept on site in the maintenance records. All hydraulic elevators shall have this documentation completed no later than December 31, 2024. All traction elevators shall have this documentation completed at the time of their first Category 5 test after January 1, 2024. After the initial test, subsequent tests of the elevator's initiating devices shall be conducted no later than 5 years after the date of the last test.

ii) Exclusion: Specifically Excluded from Adoption is Section 8.6.4.20.1(b) Alternative Test Method for Car Safeties;

B) Safety Code for Existing Elevators and Escalators (ASME A17.3‑2005), but only as required under Section 35(h) and (i) of the Act and subsection (d);

C) Safety Standard for Platform Lifts and Stairway Chairlifts (ASME A18.1-2017);

D) Standard for the Qualification of Elevator Inspectors (ASME QEI‑1-2018).

2. American Society of Civil Engineers (ASCE)

1801 Alexander Bell Drive

Reston VA 20191-4400

Automated People Mover Standards (ANSI/ASCE/T&DI 21-13).

b) All the materials incorporated by reference in this Section are incorporated as of the date specified and include no later editions or amendments.

c) The Board shall adopt, or amend and adopt, the latest editions of the standards referenced in this Section within 12 months after the effective date of the standards. [225 ILCS 312/35(a)]

d) Upgrade Requirements for Existing Conveyances

1. Notwithstanding anything else in this Part, the following upgrade requirements of the 2007 edition of the Safety Code for Elevators and Escalators (ASME A17.1) and the 2005 edition of the Safety Code for Existing Elevators (ASME A17.3) must be completed by January 1, 2015, but OSFM or the Local Administrator may not require their completion prior to January 1, 2013:

A) Restricted opening of hoistway doors or car doors on passenger elevators in accordance with ASME A17.3-2005;

B) Car illumination in accordance with ASME A17.3-2005;

C) Emergency operation and signaling devices in accordance with ASME A17.3-2005;

D) Phase reversal and failure protection in accordance with ASME A17.3-2005;

E) Reopening device for power operated doors or gates in accordance with ASME A17.3-2005;

F) Stop switch in pits in accordance with ASME A17.3-2005; and

G) Pit ladder installation in accordance with Section 2.2.4.2 of ASME A17.1-2007. [225 ILCS 312/35(h)]

2. In the event that a conveyance regulated by this Part is altered, the alteration shall comply with ASME A17.1-2019/CSA B44-2019.

3. Notwithstanding anything else in this Section, the firefighter's emergency operation and the hydraulic elevator cylinder or cylinders, including the associated safety devices outlined in Section 4.3.3(b) of ASME A17.3-2005, are not required to be upgraded unless:

A) There is an alteration of the controller affecting operation control, motion control, or combination of the 2 types of control, (1.1) the operation control, motion control, or combination of the 2 types of control are replaced, (1.2) there is an alteration to the hydraulic cylinder;

B) The equipment fails; or

C) Failing to replace the equipment jeopardizes the public safety and welfare as determined by the Local Administrator or the Board. [225 ILCS 312/35(i)]

e) Non-Mandatory Guidelines. It is recommended that all conveyances be inspected and tested in accordance with the following recommended practices. The following list should not be interpreted as excluding other practices recommended by equipment manufacturers.

American Society of Mechanical Engineers (ASME)

Three Park Avenue

New York NY 10016-5990

Guide for Inspection of Elevators, Escalators, and Moving Walks (ASME A17.2-2017)

History

• Source: Amended at 48 Ill. Reg. 825, effective December 28, 2023

41 Ill. Adm. Code 1000.70 Variance and Appeal

a) OSFM or the Local Administrator shall have the authority to grant exceptions and variances from the literal requirements of applicable State codes, standards and regulations in cases in which variances would not jeopardize the public safety and welfare. OSFM has the right to review and object to any exceptions or variances granted by the Local Administrator. The Board has the authority to hear appeals of any denial by the Local Administrator or of any denial or objection by OSFM. The Board will hold hearings and will decide the appeal within 30 days after the appeal. [225 ILCS 312/35(b)]

b) In order for a variance request submitted to OSFM to be reviewed, the request shall be submitted in writing by the owner or his/her designated representative and shall include:

1. Evidence that the proposed or existing conveyance is not in compliance with the code or regulation.

2. Evidence that strict compliance with the code or regulation would entail practical difficulty or unnecessary hardship or is otherwise unwarranted.

3. Evidence that any requested variance would not jeopardize the safety and health of those who would use the conveyance or work on the conveyance and that the methods, means, or practices proposed provide equal protection of the public's safety and health.

4. A processing fee of $300 is to be submitted to OSFM with the variance/exception request.

5. All variances shall indicate the specific code standard from which relief is granted.

c) The determination on the variance request shall be made in writing to the party making the request and shall advise the party of the appeal process contained in subsection (d). This determination shall be made no later than 30 days after the variance request is submitted.

d) To request an appeal, the owner or his/her designee shall submit a written appeal to the Board including:

1. Information in addition to that provided under subsection (b) that may assist the Board in its deliberation.

2. Evidence that this Part or a code or regulation has been incorrectly interpreted, the provisions of the code or regulation do not fully apply, or the decision is unreasonable or arbitrary as it applies to alternatives or new materials.

e) The request for appeal shall be submitted no later than 30 days after receiving the variance determination from OSFM or the Local Administrator. The filing of an appeal shall not relieve a person from complying with the Act or this Part during the pending review.

History

• Source: Amended at 36 Ill. Reg. 13131, effective October 1, 2012

41 Ill. Adm. Code 1000.75 New Technology

a) Any new technology that is issued a Certificate of Conformance under the Performance-Based Safety Code for Elevators and Escalators (ASME A17.7-2007/CSA (Canadian Standards Association) B44.7-07) must be presented to the Board.

b) The manufacturer of any new technology requiring approval must submit to the Board as least 90 days in advance of a scheduled Board meeting the Certificate of Conformance and any required accompanying report issued by the Accredited Elevator/Escalator Certifying Organization (AECO), any installation, testing and operational instructions, maintenance and inspection instructions and any special equipment that is necessary to inspect or maintain the new technology.

c) The Board shall notify the manufacturer submitting the application and all Local Administrators on record of the new technology hearing at least 30 days in advance of the date scheduled for the Board to review the submitted documents and hear testimony. The Local Administrator may submit documentation supporting or opposing the new technology and may testify at the hearing.

d) The Board will approve the use of the new technology if it meets the requirements of this Part.

History

• Source: Added at 36 Ill. Reg. 13131, effective October 1, 2012

41 Ill. Adm. Code 1000.80 Licensure and Registration Requirements

a) Qualifications for Elevator Mechanic License, Limited Elevator Mechanic License or Temporary Limited Elevator Mechanic License

1. Elevator Mechanic License

Section 20(a) of the Act states that no person shall erect, construct, wire, alter, replace, maintain, remove, or dismantle any conveyance contained within buildings or structures in the jurisdiction of this State unless he or she possesses an elevator mechanic license.

A) No license shall be granted to any person who has not paid the application fee [225 ILCS 312/45(a)] required by Section 1000.100(a).

B) No license shall be granted to any person who has not proven his or her qualifications and abilities. [225 ILCS 312/45(b)] Applicants for an elevator mechanic license must demonstrate one of the following qualifications:

i) an acceptable combination of documented experience and education credits consisting of:

• not less than 3 years work experience in the elevator industry, in construction, maintenance, or service and repair, as verified by current and previous employers licensed to do business in this State or in another state if the Board deems that out-of-state experience equivalent; and

• satisfactory completion of a written examination administered by the Elevator Safety Review Board or its designated provider, for which all fees assessed by the designated provider for the administration of the examination will be directly paid by the applicant, and the examination shall test the understanding of this Part and the State codes incorporated in Section 1000.60; or

ii) a certificate of successful completion of the mechanic examination of a nationally recognized training program for the elevator industry, such as the National Elevator Industry Educational Program or its equivalent; or

iii) a certificate of completion of an elevator mechanic apprenticeship program, with standards substantially equal to those of the Act, and that is registered with the Bureau of Apprenticeship and Training, U.S. Department of Labor; or

iv) a valid license from a state having standards substantially equal to those of this State. [225 ILCS 312/45]

2. Limited Elevator Mechanic License

A) No license shall be granted to any person or firm that has not paid the application fee required by Section 1000.100(h).

B) Qualifications for a limited elevator mechanic license shall be the same as for an elevator mechanic license, with the exception that qualifying work experience shall consist of work performed on specific ASME A18.1 conveyances (platform lifts and stairway chairlifts). Examinations will cover ASME A18.1 standards, the Act and this Part.

3. Temporary Limited Elevator Mechanic License

OSFM may issue a temporary limited elevator mechanic license to an individual to perform work on a specific type of conveyance described in ASME A18.1 The license shall be issued for 30 days upon application attesting that there are no licensed personnel available to perform elevator work for the specific type of conveyance. The application shall also contain the certification of a licensed limited elevator contractor or licensed elevator contractor certifying that the individual is qualified to perform the work. Proof of competency cited in the certification must include at least 3 years of work experience in the elevator industry, without direct supervision, in Illinois or any other state having standards substantially equal to those of this State. The license shall be valid only while the person is employed by the licensed limited elevator contractor or licensed elevator contractor that certified the individual as qualified. The applicant shall furnish any proof of competency that OSFM may require and must obtain a permanent license within one year. [225 ILCS 312/45(g)]

b) Elevator Industry Apprentice or Helper Registration

1. A person who is not licensed as an elevator mechanic or limited elevator mechanic may work as an elevator industry apprentice or helper if he or she is registered as an apprentice or helper by OSFM and works under the general supervision of a licensed elevator mechanic or licensed limited elevator mechanic.

2. No person shall be registered as an elevator industry apprentice or helper who has not paid the registration fee required by Section 1000.100(k).

3. All elevator mechanic apprentices shall be registered with an apprenticeship or training program approved by the Bureau of Apprenticeship and Training, U.S. Department of Labor.

4. Elevator industry apprentices and helpers shall register with OSFM by submitting, on a form provided by OSFM, the following information:

A) Name, address and telephone number of the applicant.

B) Whether the applicant is registering as an apprentice or as a helper.

C) If an apprentice, the name and contact information for the apprenticeship or training program with which the apprentice is registered.

5. Upon determination that the applicant for registration meets all the requirements of the Act and this Part, OSFM will provide the applicant with an elevator industry apprentice or helper registration card.

c) Qualifications for a Temporary Elevator Mechanic License

1. No license shall be granted to any person who has not paid the application fee required by Section 1000.100(f).

2. A licensed elevator contractor shall notify OSFM when there are no licensed personnel available to perform elevator work and may request that the OSFM issue temporary elevator mechanic licenses to persons certified by the contractor to have an acceptable combination of documented experience and education to perform elevator work without direct and immediate supervision.

3. A person for whom a contractor requests a temporary elevator mechanic license shall show proof of competency by documenting 3 years of work experience in the elevator industry, without direct supervision, in Illinois or any other state having standards substantially equal to those of this State.

4. A temporary elevator mechanic license shall recite that it is valid for a period of 30 days from the date of issuance and only while the elevator mechanic is employed by the licensed elevator contractor that certified the individual as qualified. [225 ILCS 312/45(e)]

5. A temporary elevator mechanic license shall be renewable as long as the shortage of license holders continues. [225 ILCS 312/45(e)]

d) Qualifications for Emergency Elevator Mechanic License

1. No application fee is required for an individual applying for an emergency elevator mechanic license or for the renewal of that license.

2. Whenever an emergency exists in the State due to disaster, act of God, or work stoppage and the number of persons in the State holding elevator mechanic licenses is insufficient to cope with the emergency, any person certified by a licensed elevator contractor or licensed limited elevator contractor to have an acceptable combination of documented experience and education to perform elevator work without direct and immediate supervision shall seek an emergency elevator mechanic license from OSFM within 5 business days after commencing work requiring a license.

3. The applicant shall furnish proof of competency by submitting to OSFM documentation of 3 years of work experience in the elevator industry, without direct supervision, in Illinois or any other state having standards substantially equal to those of this State.

4. An emergency mechanic license is valid for 30 days from the date issued and for such particular elevators or geographical areas as OSFM may designate. The emergency license entitles the licensee to the rights and privileges of an elevator mechanic license issued under subsection (a).

5. OSFM shall renew an emergency elevator mechanic license during the existence of an emergency. [225 ILCS 312/45(d)]

e) Qualifications for Elevator Inspector License

1. No person shall inspect any conveyance within buildings or structures, including, but not limited to, private residences, unless he or she has an inspector license [225 ILCS 312/20(b)].

2. No elevator inspector license shall be granted to any person who has not paid the application fee required by Section 1000.100(b).

3. No inspector's license shall be granted to any person, unless he or she has been certified as meeting the requirements of ASME QEI-1 by a nationally or internationally recognized independent organization concerned with personnel certification. [225 ILCS 312/50]

4. To be licensed as an elevator inspector, the applicant must have attained QEI certification (see Section 1000.60(a)(1)(D)). An elevator inspector shall notify OSFM within 24 hours after suspension, termination or expiration of his/her QEI certification. No inspector shall perform any inspection covered by the Act without a current QEI certification.

5. All elevator inspector license applicants are required to submit proof of insurance as required by Section 100 of the Act and must provide notice at least 10 days in advance to OSFM of any substantial alteration or cancellation of a policy. No work covered by the Act is to be performed without insurance required by Section 100 of the Act.

f) Qualifications for Elevator Contractor License

Section 40(a) of the Act requires that any person wishing to engage in the business of installing, altering, repairing, servicing, replacing, or maintaining elevators, dumbwaiters, escalators, or moving walks within this State must be licensed.

1. No license shall be granted to any person or firm unless the application fee required by Section 1000.100(d) is paid.

2. No license shall be granted to any person or firm who has not proven the required qualifications and abilities. An applicant must be individually licensed as an elevator mechanic under the Act, perform the work set forth in Section 20(a) of the Act, and have proof of compliance with the insurance requirements set forth in Section 100 of the Act or, in the case of a firm, employ a person who is individually licensed as an elevator mechanic under the Act, perform the work set forth in Section 20(a) of the Act, and have proof of compliance with the insurance requirements set forth in Section 100 of the Act. [225 ILCS 312/55]

3. All licensed elevator contractors must provide notice to OSFM at least 10 days in advance of any substantial alteration or cancellation of an insurance policy required by Section 100 of the Act. No work covered by the Act is to be performed without insurance required by Section 100 of the Act.

4. If the State of Illinois, a unit of local government, or an institution of higher education maintains in its employ licensed or limited licensed elevator mechanics who maintain only conveyances owned or leased by that entity, the employing entity is not required to be licensed as a contractor under this Section and none of the provisions of the Act concerning licensed contractors shall apply to these entities. [225 ILCS 40(a)]

g) Qualifications for a Limited Contractor License

1. No license shall be granted to any person or firm unless the application fee required by Section 1000.100(e) is paid.

2. Qualifications for a limited contractor license shall be the same as for an elevator contractor license with the exception that work experience shall consist of work performed on ASME A18.1 conveyances (platform lifts and stairway chairlifts). Examinations will cover ASME A18.1 standards, the Act, and this Part.

h) Qualifications for Elevator Inspection Company License

1. No company, limited liability company, corporation, not for profit corporation, partnership, limited partnership, sole proprietorship, or any other business organization authorized by law shall inspect or cause an employee to inspect any conveyance within buildings or structures, including, but not limited to, private residences, unless the company has an inspection company license.

2. No elevator inspection company license shall be granted to any person who has not paid the application fee required by Section 1000.100(c). [225 ILCS 312/50]

3. No inspection company license shall be granted to any company unless the company proves to the satisfaction of OSFM that one or more officers of the company meet the current ASME QEI-1, Standard for the Qualification of Elevator Inspectors. To be licensed as an elevator inspector, the applicant must have attained QEI certification (see Section 1000.60(a)(1)(D)).

4. An elevator inspection company shall notify OSFM within 24 hours after suspension, termination or expiration of the officer's QEI certification. No inspection company shall perform any inspection covered by the Act without at least one officer possessing a current QEI certification and an Illinois inspector license and the company possessing a valid elevator inspection company license.

5. All elevator inspection company license applicants are required to submit proof of insurance as required by Section 100 of the Act and must provide notice at least 10 days in advance to OSFM of any substantial alteration or cancellation of a policy. No work covered by the Act is to be performed without insurance required by Section 100 of the Act.

i) Miscellaneous Requirements

1. No licensee shall work on non-registered or non-permitted conveyances covered by the Act, except for those conveyances exempted from registration by the Act or Section 1000.120(g).

2. All license holders are required to report violations of the Act, this Part and the standards listed in Section 1000.60 to OSFM.

3. Each licensee shall have his/her valid license, and each elevator industry apprentice or helper shall have his/her valid registration card, in his/her possession when working on conveyances covered by the Act.

History

• Source: Amended at 45 Ill. Reg. 7120, effective May 25, 2021

41 Ill. Adm. Code 1000.90 Application for License or Registration

a) Application Forms

All applications for an elevator mechanic, limited elevator mechanic, temporary elevator mechanic, emergency elevator mechanic, elevator inspector, elevator contractor, limited elevator contractor, or elevator inspection company license, or for registration as an elevator industry apprentice or helper, shall be submitted to OSFM on forms provided by OSFM and shall include a photo of the applicant. All individual license applicants must submit a colored passport photo with their application.

b) OSFM Approval or Denial

Upon receipt, review and approval of the application, OSFM shall issue the appropriate license or registration. If OSFM determines the applicant does not qualify for licensure or registration based on the criteria established in Section 1000.80, OSFM shall deny the application and notify the applicant of the reason for denial.

c) Application for an Elevator Contractor or Limited Elevator Contractor License

1. All applications for an elevator contractor or limited elevator contractor license shall include:

A) if the applicant is a person, the name, residence address, and business address of the applicant;

B) if the applicant is a partnership, the name, residence address, and business address of each partner;

C) if the applicant is a domestic corporation, the name and business address of the corporation and the name and residence address of the principal officer of the corporation;

D) if the applicant is a corporation other than a domestic corporation, the name and address of an agent locally located who shall be authorized to accept service of process and official notices;

E) the number of years the applicant has engaged in the business of installing, inspecting, maintaining, or servicing elevators or platform lifts or both;

F) the approximate number of persons, if any, to be employed by the applicant and, if applicable, satisfactory evidence that the employees are or will be covered by workers' compensation insurance;

G) satisfactory evidence that the applicant is or will be covered by general liability, personal injury, and property damage insurance; and

H) any criminal record of convictions. [225 ILCS 312/40]

2. Contractor License Designee

Each applicant for an elevator contractor license or a limited elevator contractor license must designate one or more individuals as the Contractor License Designee. Contractors shall work for no more than 30 days without notifying OSFM of the new Designee in writing.

A) Each Designee shall hold an elevator mechanic license or a limited elevator mechanic license.

B) When an exam is required for licensure, the exam will be administered to a Designee.

C) If a Designee separates employment or his/her designation is terminated, the contractor must notify OSFM within 5 days. If the separating Designee was the sole Designee for the contractor, the contractor must designate a new Designee and inform OSFM in writing within 30 days after the new designation or the contractor's license will be automatically suspended.

3. Inspection Company License Designee

Each applicant for an elevator inspection company license must designate one or more individuals as the Inspection Company License Designee. No inspections of conveyances covered by the Act may be performed by an inspection company unless the Inspection Company License Designee has been appointed and OSFM has been notified of the appointment.

A) Each Designee shall hold an Illinois elevator inspector license.

B) Both the Designee and all other elevator inspectors must possess and maintain current QEI certifications.

C) If a Designee separates employment or his/her designation is terminated, the inspection company must notify OSFM within 5 days. If the separating Designee was the sole Designee for the inspection company, the inspection company must designate a new Designee and inform OSFM in writing within 30 days after the new designation or the inspection company's license will be automatically suspended. Work may not be performed longer than 30 days without notifying OSFM of the new Designee in writing.

History

• Source: Amended at 36 Ill. Reg. 13131, effective October 1, 2012

41 Ill. Adm. Code 1000.100 License and Registration Fees

License fees shall be as follows:

a)

Elevator Mechanic License (initial and renewal)

$250

b)

Elevator Inspector License (initial and renewal)

$450

c)

Elevator Inspection Company License (initial and renewal)

$500

d)

Elevator Contractor License (initial and renewal)

$1,000

e)

Limited Elevator Contractor License (initial and renewal)

$500

f)

Temporary Elevator Mechanic License (initial and renewal)

$100

g)

Emergency Elevator Mechanic License (initial and renewal)

$0

h)

Limited Elevator Mechanic License (initial and renewal)

$150

i)

License Restoration

Renewal Fee+$50

j)

Replacement License

$50

k)

Elevator Industry Apprentice or Helper Registration

$75

History

• Source: Amended at 36 Ill. Reg. 13131, effective October 1, 2012

41 Ill. Adm. Code 1000.110 Renewal of License

a) All licenses shall be renewed every 2 years. An individual licensee may renew a license by submitting a written application for renewal and a colored passport photograph 45 days prior to expiration of the license. The licensee will be invoiced for the appropriate license fee.

b) The individual applicant or the elevator contractor or limited elevator contractor shall provide evidence satisfactory to OSFM of completion by the individual applicant or the Contractor License Designee of at least 8 hours of continuing education that shall include a minimum of 2 hours on code updates and that shall be attended and completed within one year immediately preceding any license renewal. Continuing education curriculum shall be approved by the Board and designed to ensure the continued qualifications of the applicant.

1. Any training provided by an elevator manufacturer on the equipment sold by that manufacturer may be counted toward the 8 hours of continuing education required for licensed contractors, mechanics, limited contractors and limited mechanics.

2. Training received through a union, college, contractor or third-party program, other than manufacturer provided training, must be approved by the Board in advance of the training. The individual requesting the approval must submit to the Board information on the training that includes, but is not limited to, the course outline, course objectives, hours granted, and instructor's name and qualifications. The Board will not credit training that has not received prior approval.

c) A licensee who is unable to complete the continuing education required by subsection (b) prior to the expiration of his/her license due to a temporary disability may apply for a waiver from the Board as provided for in Section 60(f) of the Act. [225 ILCS 312/60(f)]

d) If a license is allowed to lapse, it may be restored within one year after its expiration date by meeting the requirements of subsections (a) and (b) and the payment of $50 in addition to the renewal fee. If a license is not restored within one year after its expiration date, the license holder must apply for a new license and shall follow the appropriate licensing procedure.

History

• Source: Amended at 36 Ill. Reg. 13131, effective October 1, 2012

41 Ill. Adm. Code 1000.120 Registration of Conveyances

a) Registration of Newly Installed Conveyances

It shall be the responsibility of the owner to complete and submit first time registration for new installations and to pay the fee for registration, prior to the issuance of the initial certificate of operation. [225 ILCS 312/95(a)] The owner shall pay a registration fee of $30.

b) Registration of Existing Conveyances

Owners must register their existing conveyances with OSFM and pay a registration fee of $30.

c) The registration shall be on a form provided by OSFM that shall require identification of the conveyance type, rated load and speed, manufacturer, location, purpose and date of installation, along with any other information deemed necessary by OSFM.

d) OSFM shall issue for each conveyance a registration identification plate with the registration number inscribed that shall be used to identify the conveyance. The registration plate shall be permanently affixed/attached to the elevator conveyance control panel.

e) Replacement registration identification plates shall require a fee of $10 for each additional plate.

f) Registrations are not required for private residence conveyances. No fee will be charged for voluntarily registering existing private residence conveyances and no penalties will be incurred by the owner of a private residence. These conveyances are not covered by the Act.

History

• Source: Amended at 48 Ill. Reg. 825, effective December 28, 2023

41 Ill. Adm. Code 1000.130 Permits

a) A licensed elevator contractor or limited licensed elevator contractor shall obtain a permit from OSFM or the Local Administrator prior to erecting, constructing, installing, or materially altering any conveyances covered by the Act.

b) All conveyance construction or alteration documents shall be submitted to OSFM or the Local Administrator for a permit. The document for a new or altered building must first have been reviewed and approved by the local governmental authority as meeting the local building and fire code. In those jurisdictions where the municipality or county has not signed a local elevator agreement with OSFM and the municipality or county does not have a means by which it approves building documents or issues building permits, the conveyance construction or alteration documents shall be submitted to OSFM along with the owner-supplied, sealed technical submissions from a licensed architect or engineer. [225 ILCS 312/90(f)]

c) The Local Administrator shall be required to maintain the application and permit on file for a period of not less than 2 years from the date of issuance.

d) Each application for a permit from OSFM shall be on a form provided by OSFM and shall be accompanied by the permit fee established in subsection (i) and accurately scaled and fully dimensioned plans and shall show the location of the machinery room and the equipment to be installed, relocated, or altered, and all structural supporting members thereof, including foundations. The specifications shall include all materials to be employed and all loads to be supported or conveyed. These plans and specifications shall be sufficiently complete to illustrate all details of construction and design. [225 ILCS 312/90(c)] The application shall specify whether the permit is for a conveyance used for mobility-impaired or non-mobility-impaired purposes. All permit applications shall be signed by the Contractor License Designee.

e) At the conclusion of the permitted activity, the licensed elevator contractor or limited elevator contractor shall arrange for a licensed elevator inspector to perform an acceptance inspection.

f) The licensed elevator contractor or limited elevator contractor shall notify OSFM no less than 7 days prior to the acceptance inspection being performed.

g) A permit to alter a conveyance may be issued to an entity exempted from licensure under Section 40(a) of the Act. [225 ILCS 312/90(a)]

h) Revocation and Extension of Permit

1. Permits expire 12 months from the date they are issued.

2. The licensed contractor may request that OSFM or the Local Administrator grant an extension of time for the permit. OSFM or the Local Administrator shall grant the extension for an additional 12 months if the request is received by OSFM or the Local Administrator prior to the expiration of the existing permit. Extension requests received by OSFM or the Local Administrator after the expiration of the existing permit shall be denied, requiring a new application that must be accompanied by payment of the current fee.

i) OSFM permit fees shall be as follows:

New installation

$400

Material alteration

$200

Permit extension

$100

History

• Source: Amended at 36 Ill. Reg. 13131, effective October 1, 2012

41 Ill. Adm. Code 1000.140 Conveyance Inspection

a) Acceptance Inspections

All new conveyance installations shall be inspected and, based upon a passed acceptance inspection, the owner of the conveyance shall then register the conveyance with OSFM. Only a registered conveyance will thereafter receive a Certificate of Operation from OSFM or the Local Administrator. All new conveyance installations shall be performed by a licensed elevator contractor. A licensed elevator inspector must, subsequent to installation, certify compliance with the applicable Sections of the Act and this Part. [225 ILCS 312/95(a)]

b) Periodic Inspections and Tests

1. It shall be the responsibility of the owner of all new and existing conveyances located in any building or structure to have the conveyance inspected annually. [225 ILCS 312/120(a)] It shall be the responsibility of the owner to ensure that the inspections and tests are performed at the prescribed intervals.

2. All inspections and tests shall be conducted in accordance with the State code listed in Section 1000.60 that applies to the conveyance being inspected.

3. Upon completion of the inspection, the licensed elevator inspector must supply the property owner with a copy of the written inspection report describing any and all violations and the licensed elevator inspector and property owner shall keep records for review by OSFM or the Local Administrator. [225 ILCS 312/120(a)]

4. All property owners and licensed elevator inspection companies shall maintain elevator inspection reports and elevator testing results for 10 years.

5. Property owners shall have 30 days from the date of the published inspection report to be in full compliance by correcting any violations. [225 ILCS 312/120(a)] Upgrades to existing conveyances shall comply with the time limits provided in Section 1000.60(d). The licensed inspector will review the actions taken by the property owner and, if the corrections are adequate, will issue a follow-up inspection report indicating adequate remediation of the violations.

6. OSFM or the Local Administrator may extend the compliance dates for good cause, provided that the violations are minor and pose no threat to public safety. [225 ILCS 312/120(a)]

7. All tests and inspections shall be performed by individuals licensed to perform that work or inspections on that particular type of conveyance.

c) Inspections by OSFM

OSFM may conduct random on-site inspections and tests on existing installations using its own personnel or third party licensed inspectors under contract with OSFM.

d) Temporary Operation Inspections

A licensed elevator inspector may inspect an elevator for the purpose of assessing the readiness of the conveyance for the purpose of temporary operation, but only for construction or demolition purposes such as providing transportation for construction personnel, tools and material, in accordance with ASME A17.1, Section 5.10.

e) Conflict of Interest

1. No individual licensed as both an elevator mechanic (regular or limited) and elevator inspector may inspect his/her own work, the work of his/her company, or the work of a company affiliated with his/her company.

2. The Board may grant exceptions for governmental, academic, and other institutions that maintain their own personnel licensed as elevator inspectors and as elevator mechanics to allow those personnel to inspect conveyances owned or leased by the institutions as long as the personnel are not inspecting their own work.

3. In the event that there are insufficient independent licensed inspectors available, the Board may grant exceptions and allow Category 1 Hydraulic Pressure Tests (see ASME A17.1) of elevators to be witnessed by a licensed inspector employed by a licensed contractor, provided that a separate licensed mechanic performs the tests.

History

• Source: Amended at 48 Ill. Reg. 825, effective December 28, 2023

41 Ill. Adm. Code 1000.145 Request for Investigation

a) Any person may make a request for an investigation into an alleged violation of the Act by giving notice to OSFM or the Local Administrator of the violation or danger. The notice shall be in writing, shall set forth with reasonable particularity the grounds for the notice, and shall be signed by the person making the request. Upon the request of any person signing the notice, the person's name shall not appear on any copy of the notice or any record published, released or made available.

b) If the request is to the Local Administrator and the Local Administrator determines that there are reasonable grounds to believe that the violation or danger exists, the Local Administrator shall forward the request for an investigation to OSFM.

c) OSFM, upon receipt of a notification under this Section, shall review the complaint. If OSFM determines that there are reasonable grounds to believe that the violation or danger exists, OSFM shall cause to be conducted or shall permit the Local Administrator to conduct an investigation as soon as practicable to determine if the violation or danger exists. If OSFM determines that there are no reasonable grounds to believe that a violation or danger exists, it shall notify the party in writing of that determination. [225 ILCS 312/105(b) and (c)]

History

• Source: Added at 36 Ill. Reg. 13131, effective October 1, 2012

41 Ill. Adm. Code 1000.150 Certificate of Operation

a) Prior to any conveyance being used, the property owner or lessee must obtain a certificate of operation from OSFM or the Local Administrator, except that the conveyance may be used by the public for up to 30 days after the initial passed acceptance inspection while the property owner or lessee is in the process of obtaining an initial certificate of operation. [225 ILCS 312/95]

b) An owner of a conveyance must apply annually for a Certificate of Operation. Each application for a Certificate of Operation concerning a conveyance located in a county or municipality operating under a local elevator agreement shall be submitted by the owner of a conveyance to the Local Administrator. Each application for a Certificate of Operation concerning a conveyance not subject to a Local Agreement shall be submitted by the owner of the conveyance to OSFM. All applications for a Certificate of Operation shall include the following:

1. An acceptance report or the report from the most recent annual inspection from a licensed elevator inspector indicating the date of the inspection and that the conveyance has passed inspection and is safe for normal use;

2. A certification from a licensed elevator mechanic or licensed limited elevator mechanic that the conveyance was tested in accordance with the appropriate State code;

3. Any other information OSFM or the Local Administrator may require; and

4. The fee required by subsection (c).

c) The fees for Certificate of Operation for conveyances not subject to a local elevator agreement shall be as follows:

Initial Certificate of Operation

$100

Annual Renewal of Certificate of Operation

$75

Renewal of Expired Certificate of Operation

$125

Late Fee

$50

d) Upon receipt and review of an application for a Certificate of Operation and supporting documentation, OSFM or the Local Administrator shall issue the appropriate Certificate of Operation or shall notify the applicant of the reason for the denial of the certificate.

e) The Certificate of Operation or a copy of the certificate shall be clearly displayed on or in each conveyance. (See 225 ILCS 312/95(c).)

f) Upon expiration of the Certificate of Operation, OSFM or the Local Administrator may direct the building owner to suspend operation of the conveyance.

g) OSFM or the Local Administrator may cancel the Certificate of Operation and place the conveyance out of service when any of the following conditions exist:

1. The conveyance is deemed unsafe for operation or is being operated in an unsafe manner.

2. The owner fails to pay fees or penalties.

3. The owner fails to have the conveyance inspected at required intervals.

4. The owner fails to take corrective action as directed by OSFM.

h) When a Certificate of Operation has been suspended or cancelled or the conveyance has been placed out of service by OSFM or the Local Administrator, no person shall operate the conveyance. To re-enable use of the conveyance, the owner of the conveyance shall remediate the cause of the suspension or cancellation; shall have the conveyance reinspected; and shall apply to have a suspended Certificate of Operation reinstated and, prior to operation, shall wait to have the reinstatement granted or shall apply for and wait to receive a new Certificate of Operation to replace a cancelled certificate.

History

• Source: Amended at 48 Ill. Reg. 825, effective December 28, 2023

41 Ill. Adm. Code 1000.160 Administrative Hearing

a) An Administrative Order issued by the Board or OSFM may be appealed in accordance with 41 Ill. Adm. Code 210.

b) All appeals shall be submitted in writing to the Board no later than 10 working days following the date of the Administrative Order to correct the conveyance endangering public safety and welfare; all other appeals shall be made within 30 days following the date of the Administrative Order.

c) All hearings conducted by the Board will be conducted pursuant to 41 Ill. Adm. Code 210.

d) The Board may appoint a hearing officer to assist the Board with the hearing procedures.

e) Failure of a party to appear on the date of the hearing shall constitute default. The Board will hold the hearing and enter a final order.

f) All final administrative decisions of OSFM or the Board are subject to judicial review under the Administrative Review Law [735 ILCS 5/Art. III].

History

• Source: Amended at 39 Ill. Reg. 3417, effective February 19, 2015

41 Ill. Adm. Code 1000.170 Administrative Procedures

a) OSFM may assess a penalty against any person, other than a conveyance owner, who violates the Act or this Part or any of the standards listed in Section 1000.60.

b) It shall be a violation of this Part for any licensed contractor, mechanic or inspector to:

1. fail to conduct an inspection of any conveyance that determines the condition of all portions of the conveyance required to be inspected by the standards adopted in Section 1000.60;

2. to willfully conceal a deficiency known to the mechanic or inspector;

3. conduct a fraudulent, negligent or incomplete inspection of a conveyance or to allow an employee to conduct a fraudulent, negligent or incomplete inspection of a conveyance.

c) Issuance of Administrative Citation

1. OSFM may issue a written administrative citation. The citation shall specifically describe the nature of the violation and its location and shall include a reference to the particular Section of the Act or this Part or the specific standard alleged to have been violated. The citation shall also state the amount of the fine levied in accordance with subsection (e) and the process for appeal.

2. The person alleged to have committed the violation shall have 30 days from the date of service of the notice to notify the Board in writing of any intent to appeal the citation and fine. If no notice of appeal is filed, the citation and penalty shall be deemed a final order of OSFM.

3. Administrative citations and penalties issued under this Section shall not limit the authority of OSFM to issue orders, revoke permits, stop work on construction and/or order the electrical power to be disconnected, or take any other appropriate enforcement action.

d) Appeal of a Citation

1. A person who appeals a citation issued by OSFM shall be entitled to a hearing before the Board or the Board's designee within 90 days after filing the notice of appeal. The 90 day time frame may be extended, with OSFM approval, if the appellant requests in writing additional time to prepare for the hearing.

2. The Board shall provide a hearing notice to the appellant that shall include the following information:

A) A statement of the time, place, and nature of the hearing;

B) A statement of the legal authority and jurisdiction under which the hearing is to be held;

C) A reference to the Sections of the Act and this Part involved and/or the specific State code involved;

D) A short and plain statement of the matters at issue.

3. The Board may appoint a hearing officer to hear evidence on any appeal, prepare findings and recommend a decision.

4. The appellant may appear at the hearing with counsel, and may present evidence and cross-examine witnesses.

5. An opportunity shall be given all parties to respond and present evidence and arguments on all issues involved.

6. At the close of the evidence, the Board shall issue a written decision with findings of fact and conclusions of law determining whether a violation has occurred and the amount of any penalty, if any, to be assessed.

7. Nothing in this Section shall prohibit the informal disposition of a citation by stipulation, agreed settlement, consent order, or default. Informal disposition may proceed with clear and simple documentation without complete adherence to this Section.

e) Administrative Penalty/Fine

1. Any owner or lessee who violates any of the provisions of the Act or this Part shall be subject to a fine not to exceed $1,500 per day for each violation [225 ILCS 312/110(b)]. Violation of the Act by any licensee shall be subject to the penalties under Section 65 of the Act.

2. Licensure Violation

A) The fine shall not exceed $2,000 for each instance for any person or business that performs elevator work without being properly licensed as required by this Part.

B) The fine shall not exceed $2,000 for each instance for any contractor that allows an individual who does not possess a valid license required by this Part to perform work on a conveyance covered by the Act.

C) OSFM may suspend or revoke any license when the licensee fails to pay assessed penalties or willfully or repeatedly violates the Act or this Part.

History

• Source: Amended at 36 Ill. Reg. 13131, effective October 1, 2012

41 Ill. Adm. Code 1000.180 Service or Inspection of Non-Compliant Conveyances

a) Inspectors, contractors and mechanics are not permitted to service an unregistered existing conveyance that is required by the Act to be registered without prior permission from OSFM, except as provided in this Section.

b) Licensed elevator contractors and licensed inspection companies shall request from the conveyance owner the conveyance's registration number and a copy of the current Certificate of Operation. A 60-day one-time extension may be obtained upon request from OSFM so that a conveyance owner can schedule an inspection or service to be performed in order to register a conveyance or obtain a Certificate of Operation. Forms for submitting an extension request are available on the OSFM website at www.sfm.illinois.gov under the Elevator Safety link. In municipalities that have a local elevator agreement with OSFM, the conveyance owner must apply to the Local Administrator for the 60-day extension to obtain a current Certificate of Operation.

c) Exceptions to Obtaining Advance Permission from OSFM or the Local Administrator to Work on a Non-Compliant Conveyance

1. All Elevators and Conveyances

Should a situation occur in which an elevator contractor has been contacted to remove a trapped or injured person from a conveyance or render the conveyance out of service for reasons of safety, the licensee may perform that work, but must notify OSFM via email or phone call the next business day after performing the service.

2. Registered Conveyances with an Expired Certificate of Operation

A) The inspection company may have its licensed inspector perform the requested inspection prior to receiving permission from OSFM or the Local Administrator, provided the inspection company notifies OSFM or the Local Administrator via email or phone call or other means the next business day, providing the location of the conveyance that is registered but lacks a current Certificate of Operation. The inspector may put the conveyance out of order if he/she determines the conveyance is unsafe to operate.

B) A licensed mechanic may work on a conveyance with an expired Certificate of Operation if there is a final inspection report not older than 30 days posted in the equipment room prior to the conveyance owner applying for and receiving its annual Certificate of Operation. Should the inspection report be older than 30 days, the elevator contractor/mechanic must notify OSFM or the Local Administrator via email or phone call or other means the next business day, providing the location of the conveyance.

History

• Source: Amended at 48 Ill. Reg. 825, effective December 28, 2023

41 Ill. Adm. Code 1000.190 Conveyance Maintenance, Repair, and Upgrade History

All licensed conveyance contractors shall maintain records on all work conducted for a period of at least 10 years. Records shall be organized by location and conveyance registration number for ease of review.

History

• Source: Added at 36 Ill. Reg. 13131, effective October 1, 2012

Chapter III Board of Boiler and Pressure Vessel Rules

Part 2120 Boiler and Pressure Vessel Safety

41 Ill. Adm. Code 2120.10 Definitions

Act or the Act − the Boiler and Pressure Vessel Safety Act [430 ILCS 75].

Alteration − any change in the item described on the original Manufacturers' Data Report which affects the pressure containing capability of the boiler or pressure vessel. Non-physical changes such as an increase in the maximum allowable working pressure (internal or external) or design temperature of a boiler or pressure vessel shall be considered an alteration. A reduction in minimum temperature such that additional mechanical tests are required shall also be considered an alteration.

API 510 − the code for the maintenance, inspection, repair, alteration and re-rating of pressure vessels published by the American Petroleum Institute.

Approved − approved by the Board of Boiler and Pressure Vessel Rules.

ASME Code − the Boiler and Pressure Vessel Code of the American Society of Mechanical Engineers with revisions, amendments and interpretations made, approved and adopted by the Council of the Society and approved and adopted by the Board. Copies of the Code may be obtained from the Society at Three Park Avenue, New York NY 10016-5990.

Authorized Inspection Agency − one of the following:

A department or division established by a jurisdiction that has adopted one or more Sections of the ASME Code and whose inspectors hold valid National Board Commissions;

An insurance company authorized by the jurisdiction to insure boilers and pressure vessels that employs special inspectors who have met the requirements of this Part; or

An owner-user of boilers and pressure vessels who employs owner-user inspectors and maintains a regularly established inspection department, whose organization and inspection procedures meet the requirements of this Part.

Authorized Repairer − a holder of a Certificate of Registration issued pursuant to the Boiler and Pressure Vessel Repairer Regulation Act.

Board − the Board of Boiler and Pressure Vessel Rules created by the Act and empowered to make, alter, amend and interpret rules and regulations for the safe construction, installation, inspection, alteration, and repair of boilers and pressure vessels and for establishing fees.

Boiler − a vessel intended for use in heating water or other liquids or for generating steam or other vapors under pressure or vacuum by the application of heat resulting from the combustion of fuels, electricity, or waste gases.

Certificate Inspection − an inspection, the report of which is used by the Chief Inspector as justification for issuing, withholding or revoking the inspection certificate. The Certificate Inspection shall be an internal inspection when required; otherwise, it shall be as complete an inspection as possible.

Certificate of Competency − a certificate issued to a person who has passed the examination and meets all other requirements of this Part, as prescribed by the Board.

Certificate of Registration − a certificate issued by OSFM pursuant to the Boiler and Pressure Vessel Repairer Regulation Act.

Commission − the commission issued by OSFM to the chief, deputy, special or owner-user inspector in accordance with this Part.

Condemned Boiler or Pressure Vessel − a boiler or pressure vessel that has been inspected and declared unsafe, or disqualified by legal requirements, by the Chief or Deputy Inspector.

Division − the Division of Boiler & Pressure Vessel Safety.

Electric Boiler − a boiler in which the source of heat is electricity.

Engineer − a registered professional engineer registered in accordance with the Illinois Professional Engineering Act [225 ILCS 325] or a person who graduated from an accredited college or university and either:

holds a mechanical engineering degree; or

has five years experience in a related field (e.g., civil engineering, metallurgical engineering, industrial engineering, design engineering, maintenance engineering, project engineering or construction, maintenance, repair or operation of high pressure boilers and pressure vessels).

Existing Installation − includes:

Any boiler installed and placed in operation within the State of Illinois before May 1, 1953.

Any hot water supply boiler installed and placed in operation within the State of Illinois on or before July 9, 1957.

Any pressure vessel installed and placed in operation within the State of Illinois on or before December 31, 1976.

External Inspection − an inspection made when a boiler or pressure vessel is in operation, if possible.

Heating Boiler − a steam boiler operated at pressures not exceeding 15 psig, or a hot water heating boiler operated at pressures not exceeding 160 psig and/or temperatures not exceeding 250° F. at or near the boiler outlet.

High Pressure Boiler − a boiler generating steam at a pressure in excess of 15 psig or a water boiler operated in excess of 160 psig and/or temperatures in excess of 250° F.

High-Temperature Water Boiler − a water boiler operating at pressures exceeding 160 psig and/or temperatures exceeding 250° F. at or near the boiler outlet.

Hot Water Supply Boiler − a boiler (including fired storage water heater) furnishing hot water to be used externally to itself at pressures not exceeding 160 psig and/or temperatures not exceeding 250° F. at or near the boiler outlet, except those exempted pursuant to the Boiler and Pressure Vessel Safety Act and this Part.

Inspection Certificate − a certification issued by the Chief Inspector for the operation of a boiler or pressure vessel, as required by the Act.

Inspector − the Chief Inspector or Deputy Inspector or Special Inspector or Owner-User Inspector.

Chief Inspector − the Chief Boiler and Pressure Vessel Inspector employed under the Act.

Deputy Inspector − any inspector employed under the provisions of the Act.

Special Inspector − an inspector holding an Illinois Certificate of Competency and who is regularly employed by an insurance company authorized to write boiler and pressure vessel insurance in this State.

Owner-User Inspector − an inspector described in Section 2120.1360 continuously employed as an inspector by an Owner-User Inspection Agency.

Internal Inspection − as complete an examination as can reasonably be made of the internal and external surfaces of a boiler or pressure vessel while it is shut down and manhole plates, handhole plates or other inspection opening closures are removed as required by the inspector.

Jurisdiction − a state, commonwealth, county or municipality of the United States or a province of Canada that has adopted one or more sections of the ASME Code and maintains a duly constituted Department, Bureau, or Division for the purpose of enforcement of the Code. In Illinois, the Division of Boiler and Pressure Vessel Safety is the jurisdiction, except for the City of Chicago.

Lined Potable Water Heater − a water heater, with a corrosion resistant lining, used to supply potable hot water.

Low Pressure Boiler − a steam boiler operated at pressures not exceeding 15 psig or a hot water boiler operated at pressures not exceeding 160 psig and/or temperatures not exceeding 250° F.

Miniature Boiler − any boiler that does not exceed any of the following limits:

16 inches inside diameter of shell;

20 square feet heating surface;

5 cubic feet gross volume, exclusive of casing and insulation;

100 psig maximum allowable working pressure.

National Board Inspection Code or NBIC − the Manual for Boiler and Pressure Vessel Inspectors published by the National Board. The NBIC is developed under the ANSI consensus process. Copies of the NBIC may be obtained from the National Board.

National Board − the National Board of Boiler and Pressure Vessel Inspectors, 1055 Crupper Avenue, Columbus, Ohio 43229, whose membership is composed of the Chief Inspectors of jurisdictions who are charged with the enforcement of the boiler and pressure vessel laws within their respective jurisdictions.

National Board Commission − the commission issued by the National Board to a holder of a Certificate of Competency who desires to make shop inspections or field inspections in accordance with the National Board bylaws and whose employer submits the inspector's application to the National Board for the commission.

Nationally Recognized Testing Agency − an organization concerned with product evaluation that provides uniform testing, examination, listing and labeling under established, nationally recognized standards.

New Boiler Installations − all boilers constructed, installed and placed in operation within the State of Illinois after May 1, 1953, and all hot water supply boilers installed and placed in operation after July 9, 1957.

New Pressure Vessel Installations − pressure vessels installed and placed in operation within the State of Illinois after December 31, 1976.

Non-Standard Boiler or Pressure Vessel − a boiler or pressure vessel that does not bear the ASME Code Symbol Stamp.

Operator − any individual who has charge of a boiler or pressure vessel as defined by the Act, and whose duties include operation and maintenance of those devices.

OSFM − the Office of the State Fire Marshal.

Owner or User − any person, firm or corporation legally responsible for the safe operation of any boiler or pressure vessel within the State.

Owner-User − an owner and user qualified under Section 15 of the Act.

Place of Public Assembly − a building or specific area, including outdoor areas, in which persons assemble for civic, educational, religious, social or recreational purposes or that is provided by a common carrier for passengers awaiting transportation or in which persons are housed to receive medical, charitable or other care or treatment, or are held or detained for public, civic or correctional purposes.

Portable Boiler − an internally fired boiler primarily intended for temporary location and the construction and usage of which permits it to be readily moved from one location to another.

Power Boiler − a boiler in which steam or other vapor is generated at a pressure of more than 15 psig and includes a high-pressure, high-temperature water boiler.

Pressure Vessel − a vessel in which pressure is obtained from an external source, or by the application of heat from an indirect source or from a direct source other than those boilers defined in this Section.

PSIG − pounds per square inch gauge.

Reinstalled Boiler or Pressure Vessel − a boiler or pressure vessel removed from its original setting and reinstalled at the same location within the State of Illinois or at a new location without change of ownership.

Relief Valve − an automatic pressure relieving device actuated by the static pressure upstream of the valve that opens further with the increase in pressure over the opening pressure. It is used primarily for liquid service.

Repair − work necessary to return a boiler or pressure vessel to a safe operating condition.

Re-rating − a change in the maximum allowable working pressure or temperature of a boiler or pressure vessel, regardless of whether physical work is performed on the boiler or pressure vessel. Re-rating shall be considered an alteration.

Safety Relief Valve − an automatic pressure actuated relieving device suitable for use as a safety or relief valve, depending on application.

Safety Valve − an automatic pressure relieving device actuated by the static pressure upstream of the valve and characterized by full opening pop action. It is used for gas or vapor service.

Secondhand Boiler or Pressure Vessel − a boiler or pressure vessel that has changed both location and ownership since primary use.

Standard Boiler or Pressure Vessel − a boiler or pressure vessel that bears the ASME Code Symbol Stamp.

State Special − a boiler or pressure vessel of special construction that may not be constructed in accordance with the ASME Code. See Section 2120.1100 of this Part for the procedures for granting a State Special.

Welding or Arc Welding − a group of welding processes in which coalescence is produced by heating with an arc or arcs, with or without the application of pressure, and with or without the use of filler metal.

History

• Source: Amended at 35 Ill. Reg. 9028, effective July 1, 2011

41 Ill. Adm. Code 2120.20 Incorporation of National Standards

a) Where standards are incorporated by reference in this Part, the incorporated material does not include any later editions or amendments.

b) The Board hereby adopts the following nationally recognized standards and addenda:

1. American Petroleum Institute (API)

1220 L Street, Northwest

Washington DC 20005

API-510, Eleventh Edition, October 2022, Pressure Vessel Inspection Code: In-service Inspection, Rating, Repair, and Alteration; with Errata 2 (June 2025)

2. American Society of Mechanical Engineers (ASME)

United Engineering Center

Three Park Avenue

New York NY 10017

www.asme.org

A) ASME Boiler and Pressure Vessel Code, 2025 Edition

Section I Rules for Construction of Power Boilers

Section II Material Specifications – Part A – Ferrous

Section II Material Specifications – Part B – Nonferrous

Section II Material Specifications – Part C – Welding Rods, Electrodes and Filler Metals

Section II Material Specifications – Part D – Properties (Customary)

Section IV Rules for Construction of Heating Boilers

Section V Nondestructive Examination

Section VI Recommended Rules for the Care and Operation of Heating Boilers

Section VII Recommended Guidelines for the Care of Power Boilers

Section VIII Pressure Vessels – Division 1, Rules for Construction of Pressure Vessels (Including Appendix M)

Section VIII Pressure Vessels – Division 2 – Alternative Rules

Section VIII Pressure Vessels – Division 3 – Alternative Rules for Construction of High Pressure Vessels

Section IX Welding, Brazing and Fusing Qualifications

Section X Fiberglass-Reinforced Plastic Pressure Vessels

Section XIII Rules for Overpressure Protection

B) ASME CSD-1 2024 − Controls and Safety Devices for Automatically Fired Boilers

3. National Board of Boiler and Pressure Vessel Inspectors (NB)

1055 Crupper Avenue

Columbus OH 43229

www.nationalboard.org

National Board Inspection Code (NBIC), 2025 Edition

4. National Fire Protection Association (NFPA)

1 Batterymarch Park

Quincy MA 02269-9101

www.nfpa.org

NFPA 85 Boiler and Combustion Systems Hazards Code, 2023 Edition

History

• Source: Amended at 50 Ill. Reg. 5659, effective April 13, 2026

Chapter III Board of Boiler and Pressure Vessel Rules

Part 2120 Boiler and Pressure Vessel Safety

41 Ill. Adm. Code 2120.30 Fees

As authorized by the Boiler and Pressure Vessel Safety Act, the Board establishes the following fees to be collected for services rendered:

Examinations......................................................................................

$30

Commissions

New Issuance.................................................................................

$40

Renewal.........................................................................................

$25

Chief and Deputy…………………………………………………

$0

All Certificates of Inspection..............................................................

$70

Inspections Conducted by the Division

High Pressure and High Temperature Water Boilers

Boilers without a manhole........................................................

$30

Boilers with a manhole.............................................................

$60

Low Pressure Steam and Water Boilers

Boilers without a manhole........................................................

$30

Boilers with a manhole.............................................................

$60

Hot water supply boilers...........................................................

$30

No more than $130 shall be charged for one boiler in any one year.

Pressure Vessels

Fees are based on the product of the overall length times the width or diameter of the vessel expressed in square feet.

50 sq. ft. or less...................................................................

$25

51 sq. ft. to 150 sq. ft..........................................................

$50

over 150 sq. ft.....................................................................

$75

No more than $160 shall be charged for any one pressure vessel in any one year.

Annual Statements (Owner-Users)....................................................

$35 per vessel

Miscellaneous

Witness a hydrostatic test..........................................................

$100

Joint reviews, audits, shop inspections, other services

½ day..................................................................................

$300

Full day..............................................................................

$500

Plus expenses, including travel and lodging.

State Special Permits..........................................................................

$1,000

History

• Source: Amended at 37 Ill. Reg. 13424, effective August 1, 2013

41 Ill. Adm. Code 2120.40 Administration

a) Applying State Serial Number. The State serial number on boilers shall be not less than 5/16" in height and shall be preceded by the letter "B". The State serial number on pressure vessels shall be not less than 5/16" in height and shall be preceded by the letter "U". The inspector shall make certain that the correct Illinois State serial number is affixed to the boiler or pressure vessel at the time of inspection.

b) First Time Inspection. Effective January 1, 1999, all first time inspections of boilers and pressure vessels shall be performed by the Chief or a Deputy Inspector employed by the Division.

c) Basis for Extending Certificate of Internal Inspection for Power Boilers. The Chief Inspector is authorized to extend, for a period not exceeding one year, or 2 years for power boilers having an output rated at or above 450,000 lbs/hr, the time within which power boilers are required to be internally inspected, subject to the following conditions and qualifications:

1. The analysis and treatment of feedwater for power boilers shall be under the supervision of a person qualified in the field of water chemistry.

2. The analysis and treatment of the boiler feedwater shall be for the purpose of controlling and limiting serious deteriorating, encrusting and sludging factors affecting the safety of the boiler.

3. The owner or user of power boilers must maintain, for examination by the inspector, accurate records of chemical and physical laboratory analyses of samples of the boiler water taken at regular intervals of not more than 24 hours operation and of the treatment applied. These records must specify dates and times of analyses, by whom analyzed, and the treatment applied at that time, and should be certified by the responsible authority. These records will adequately show the conditions of the water and any constituents or characteristics that are capable of producing corrosion or other deterioration of the boiler or its parts.

4. The Chief Inspector is authorized to review the qualifications of the supervisor and the acceptability of supervision in accordance with the requirements of subsections (c)(1) through (c)(3).

5. An internal inspection must have been performed during a pre-planned outage allowing appropriate time for a complete and comprehensive evaluation, including inspections of watersides, furnace area and all gas passages, with no deficiencies found that would preclude extending the internal inspection for one year, or 2 years for power boilers having an output rated at or above 450,000 lbs/hr.

6. At no time shall the period between internal inspections for boilers having an output rated at or above 450,000 lbs/hr exceed a 36-month time interval.

7. Application for extension shall be by letter setting forth facts establishing compliance with the requirements of subsections (c)(1) through (c)(7) and shall be accompanied by the report of external inspection.

d) Unsafe Boilers or Pressure Vessels. Any boiler or pressure vessel having been inspected and declared unsafe by an inspector shall have the Inspection Certificate suspended.

e) Factors of Safety for Existing Installations. An inspector shall increase the factors of safety if the condition of a boiler or pressure vessel warrants it. If the owner or user does not concur with the inspector's decision, the owner or user may appeal to the Board.

f) Frequency of Inspection of Boilers and Pressure Vessels

1. Power boilers and high temperature water boilers shall receive a certificate inspection annually, which shall be an internal inspection where conditions permit unless authorization is granted by the chief inspector to extend the internal inspection as permitted in subsection (c). The boilers shall also be inspected externally annually while under representative operating conditions, if possible, except that a power boiler having an output rated at or above 450,000 lbs/hr may forgo the external inspection for the year the internal inspection is conducted.

2. Low pressure steam and hot water heating boilers and hot water supply boilers shall receive a certificate inspection every 2 years. Groups of heating and hot water supply boilers connected together shall be registered as one unit and receive one Inspection Certificate when the following conditions are met:

A) No unit exceeds 400,000 BTU input;

B) All units being considered in the assembled modular unit are connected to a common header or manifold; and

C) No more than 8 units can be grouped together and registered as one unit.

3. Inspection of the flame safeguard equipment shall be in conjunction with the regular inspections of boilers.

4. Pressure vessels subject to internal corrosion shall receive a certificate inspection every 3 years. This inspection shall be external and internal where conditions permit. However, owner-users qualified in accordance with Section 15 of the Act shall have the option of using API-510 or the NBIC for inspection intervals.

5. Pressure vessels not subject to internal corrosion shall receive a certificate inspection every 3 years. However, owner-users qualified in accordance with Section 15 of the Act shall have the option of using API-510 or the NBIC for inspection intervals.

g) Inspection and Inspection Certificate Fees

1. If a boiler or pressure vessel shall, upon inspection, be found to be suitable and to conform to this Part, the owner or user will be invoiced the fees established by the Board for each boiler and pressure vessel inspected. The fee must be paid before an Inspection Certificate will be issued.

2. If the owner or user of each boiler or pressure vessel required to be inspected refuses or fails to allow an inspection to be made or refuses or fails to pay the appropriate fees, the Inspection Certificate, if it has not expired, shall be suspended by the Chief Inspector until the owner or user complies with the requirements.

3. The owner or user who causes a boiler or pressure vessel to be operated without a valid Inspection Certificate shall be guilty of a Class B misdemeanor and each day shall be deemed a separate offense in accordance with Section 12 of the Act.

h) Inspectors to Have No Other Interests. It is prohibited for any employee of the Division of Boiler and Pressure Vessel Safety to accept any compensation or remuneration from any source for acting as a consultant, engineer, safety engineer, safety specialist, etc., or under any other title. Employees of this Division shall not be engaged in the sale of any article or device that is related to boilers or pressure vessels and shall devote their full time to inspection work.

i) Installing Used or Second-hand Boilers or Pressure Vessels. A certificate inspection shall be made of all used or second-hand boilers or pressure vessels prior to operation in this State. When a boiler or pressure vessel is moved and reinstalled, the fittings and appurtenances shall be upgraded to comply with the rules for new installations.

j) Inspectors to Notify Chief Inspector of Defective Boilers and Pressure Vessels. If an inspector finds that a boiler or pressure vessel or any of the appurtenances are in an unsafe condition, the inspector shall immediately notify the Chief Inspector and submit a report of the defects.

k) Insurance Agencies to Notify the Chief Inspector of New, Cancelled or Suspended Risks. All insurance agencies shall notify the Chief Inspector within 30 days of all boiler or pressure vessel risks written, cancelled, not renewed or suspended in Illinois.

l) Manufacturers Data Reports to be Filed. Effective January 1, 1974, Manufacturers Data Reports on boilers and, as amended December 31, 1976, for pressure vessels, that are to be installed in the State of Illinois (unless otherwise exempted by this Part) shall be filed with the Chief Inspector through the National Board. Each boiler and pressure vessel for which a report is filed should be assigned a National Board number.

m) Boilers and Pressure Vessels without ASME Stamping. If the boiler or pressure vessel does not bear the ASME stamp, then the drawings, data and material showing all details of construction shall be submitted to the Chief Inspector and the Chief Inspector's approval shall be obtained before installation in this State. The Chief Inspector shall grant approval if the construction, materials and inspection requirements meet the rules, except for ASME stamp.

n) Notification of Inspection. The owner or user shall prepare each boiler or pressure vessel for internal inspection and shall prepare for and apply a hydrostatic test whenever necessary, on the date specified by an inspector, which shall be not less than 7 days after the date of notification.

o) Owner to Notify Chief Inspector in Case of Accident. Any owner or user, which includes any person, firm, partnership, corporation, or governmental entity, that knowingly fails to notify the Chief Inspector within 24 hours, or on the next business day, of an accident, explosion, event, or incident that serves to render a boiler or pressure vessel inoperative because of damage or failure or that involves any bodily injury or death to any person is guilty of a Class B misdemeanor, if a natural person, or a business offense punishable by a fine of not less than $501 and not more than $10,000, if a corporation or governmental entity.

p) Penalties. Any person, firm, partnership or corporation violating any of the provisions of this Part shall be subject to the penalties provided in the Boiler and Pressure Vessel Safety Act.

q) Registration of Boilers and Pressure Vessels. All owners or users of boilers and pressure vessels subject to the Act now in use or installed ready for use in the State of Illinois shall notify the Chief Inspector in writing giving the location, type, capacity, age and date of installation.

r) Removal of Safety Appliances

1. No person, except under the direction of an inspector, shall attempt to remove or shall do any work upon safety appliances required by this Part while a boiler or pressure vessel is in operation. Should any of these appliances be repaired during an outage of a boiler or pressure vessel, they must be reinstalled and in proper working order before the object is again placed in service.

2. No person shall in any manner load the safety valve or valves to maintain a working pressure in excess of that stated on the Inspection Certificate.

s) Stamping of Boilers and Pressure Vessels. Each boiler or pressure vessel subject to the Act shall be identified by a serial number of the State of Illinois. The number will be assigned by the Chief Inspector and applied to the boiler or pressure vessel by the inspector at the time of inspection. Also, the Code required stamping shall be kept free of paint and lagging so that it will be plainly visible and easily read by the inspector.

t) Inspections and Inspection Reports

1. Inspection Reports shall be submitted within 10 days from the date of inspection.

2. All Inspection Reports shall be completed with all pertinent information as required, including location and actual conditions observed.

3. The Chief or a Deputy Inspector employed by the Division, and Special Inspectors, shall have up to 90 days after the expiration of the Inspection Certificate to conduct his or her inspection. An Inspection Certificate shall remain valid beyond the expiration date noted on the certificate until the boiler or pressure vessel is reinspected by the authorized inspecting authorities or until the certificate is suspended by the Chief Inspector, provided that the owner or user of the boiler or pressure vessel makes it available for inspection at reasonable times. [430 ILCS 75/11(b)]

4. Validity of Inspection Certificate. The Chief Inspector may at any time suspend an Inspection Certificate when the boiler or pressure vessel for which it was issued may not continue to be operated without menace to public safety, or when the boiler or pressure vessel is found not to comply with this Part. A Special Inspector shall have authority to request suspension of an Inspection Certificate for boilers or pressure vessels insured by the employing company. Suspension of an Inspection Certificate shall continue in effect until the boiler or pressure vessel has been made to conform to this Part.

u) For all boiler systems installed after December 1, 2014, the intake and exhaust points for all boiler ventilation piping shall be located outside of the building served and at least 36 inches above grade.

v) Any entity or person licensed to perform work on boilers or pressure vessels shall, upon completion of the work, submit the following completed National Board forms, as applicable, to the jurisdiction and the National Board of Boiler and Pressure Vessel Inspectors for inclusion in the National Board registration data.

1. Confirmed submission of these completed forms utilizing the National Board Electronic Data Transfer System (EDT) shall also meet the requirement to submit these forms to the jurisdiction.

A) NB-66 Form R-1 Report of Repair;

B) NB-229 Form R-2 Report of Alteration;

C) NB-136 Replacement of Stamped Data Form; and

D) NB-480 Scrapping of Pressure Retaining Items.

2. An entity or person shall be exempt from the requirement to submit these completed forms to the jurisdiction if such entity is:

A) An owner/user or utility that is a holder of a current National Board R-Certificate of Authorization or a holder of a current Illinois BPV Repair Firm Certificate of Authorization; and

B) Doing work on equipment the entity or person currently owns.

3. Those exempted from submission of the completed forms to the jurisdiction shall maintain the completed forms in accordance with this Part.

History

• Source: Amended at 50 Ill. Reg. 5659, effective April 13, 2026

Chapter III Board of Boiler and Pressure Vessel Rules

Part 2120 Boiler and Pressure Vessel Safety

41 Ill. Adm. Code 2120.50 Inspectors, Examinations, Certificate of Competency and Commission.

a) Examinations

1. Examinations for Certificate of Competency and Commission as an Inspector of Boilers and Pressure Vessels shall be held the first Wednesday of the months of March, June, September and December. Special examinations will be held when considered necessary by the Board. A passing score on the examination for a National Board Commission issued through the National Board shall satisfy the examination requirement for an Inspector Commission issued by OSFM under this Part and Section 9 of the Boiler and Pressure Vessel Safety Act [430 ILCS 75/9].

2. Applicants for examination for a Special Inspector shall have 3 years experience in the construction, maintenance, repair or operation of high pressure boilers and pressure vessels. A credit of 2 years of the required experience will be given to applicants holding a Mechanical Engineering degree from a college of engineering and one year's credit will be given for all other types of engineering degrees.

3. Application for examination for Certificate of Competency and Commission shall be written upon a form to be furnished by OSFM stating the educational background of the applicant, a list of employers, period of employment and position held with each employer. Applications containing willful falsification or untruthful statements shall be rejected. If the applicant's education and experience meet the requirements of the Board, the applicant shall be given the written examination dealing with the construction, installation, operation, maintenance and repair of boilers, pressure vessels and their appurtenances. If the applicant is successful in meeting the requirements of the Board, a Certificate of Competency and Commission will be issued by OSFM. An applicant who fails to pass the examination will be notified and permitted to take another written examination.

b) Commissions

1. A Commission as an Inspector and an identifying commission card shall be issued by the State Fire Marshal as provided in the Act.

2. Commissions issued to inspectors in the employ of insurance companies or of owner-users shall be held at the office of the employing company. The Commission and the identifying commission card shall be returned to the Chief Inspector when suspended or revoked or the inspector to whom the Commission was issued is no longer employed by the insurance company or self-insurer.

3. A Commission issued to an Inspector may be suspended or revoked by the State Fire Marshal as provided in the Act.

4. Reciprocal Commissions. A Reciprocal Commission as an Inspector may be issued by the State Fire Marshal as provided in the Act.

History

• Source: Amended at 46 Ill. Reg. 6907, effective May 1, 2022

41 Ill. Adm. Code 2120.100 New Installations of Boilers, Miniature Boilers, Heating Boilers and Hot Water Supply Boilers

No boiler, except those exempted by the Act, or by this Part, shall be installed in this State unless it has been constructed and inspected in conformity with the applicable section of the ASME Code and is inspected and registered in accordance with the requirements of these Rules. Existing non-standard boilers may not be installed or reinstalled in a different location.

History

• Source: Amended at 17 Ill. Reg. 14917, effective September 1, 1993

41 Ill. Adm. Code 2120.200 New Installations of Pressure Vessels

No Pressure Vessel, except those exempted by the Act or this Part shall be installed in this State unless it has been constructed and inspected in conformity with the applicable section of the ASME Boiler and Pressure Vessel Code, and inspected and registered in accordance with the requirements of this Part. Existing non-standard pressure vessels may not be installed or reinstalled in a different location.

41 Ill. Adm. Code 2120.300 Existing Installations of Power Boilers

Maximum Allowable Working Pressure for Standard Boilers. The maximum allowable working pressure for standard boilers shall be determined in accordance with the applicable provisions of the edition of the ASME Code under which they were constructed and stamped. Existing installations of non-standard power boilers and miniature boilers shall comply with this Section.

a) Maximum Allowable Working Pressure for Nonstandard Boilers.

1. The maximum allowable working pressure on the shell of a nonstandard boiler shall be determined by the strength of the weakest section of the structure, computed from the thickness of the plate, the tensile strength of the plate, the efficiency of the longitudinal joint or tube ligaments, the inside diameter of the weakest course and the factor of safety permitted below.

Where:

TS = ultimate tensile strength of shell plates, psi.

t = minimum thickness of shell plate, in weakest course, inches.

E = efficiency of longitudinal joint:

For Fusion-Welded and Brazed Joints:

Single lap welded ............................................................... 40

Double lap welded............................................................... 60

Single butt welded............................................................... 60

Double butt welded............................................................. 75

Forge welded....................................................................... 70

Brazed steel......................................................................... 80

For riveted construction, E shall be determined by the rules given in Section I, Part PR, of the 1971 Edition ASME Code.

For seamless construction, E shall be considered 100 percent.

R = inside radius of the weakest course of the shell, in inches.

FS = factor of safety permitted.

2. Tensile Strength. When the tensile strength of steel or wrought iron shell plates is not known, it shall be taken as 55,000 psi for steel and 45,000 psi for wrought iron.

3. Bearing Strength of Mild Steel. The resistance to crushing of mild steel shall be taken at 95,000 psi of cross-sectional area.

4. Factors of Safety. The following factors of safety shall be increased by the Inspector if the condition and safety of the boiler demand it: The lowest factor of safety permissible on existing installations shall be 5, except for horizontal return tubular boilers having continuous longitudinal lap seams more than 12 ft. in length, when the factor of safety shall be 8; when this latter type of boiler is removed from its existing setting, it shall not be reinstalled for pressures in excess of 15 psig. Reinstalled or second-hand boilers shall have a minimum factor of safety of 6 when the longitudinal seams are of lap riveted construction, and a minimum factor of safety of 5 when the longitudinal seams are of butt and double-strap construction.

b) Repairs and Renewals of Boiler Fittings and Appurtenances. Whenever repairs are made to fittings or appurtenances or it becomes necessary to replace them, including burners and all associated controls, the work shall comply with current ASME/National Board Code requirements or the requirement of the ASME Codes in effect at the time of construction.

c) Recommendations for Operation. It is recommended that the applicable Section of the ASME Code, Section VI, Recommended Rules for the Care of Heating Boilers or Section VII, Recommendations and Rules for the Care of Power Boilers be used as a guide for proper and safe operating practices.

d) Conditions not Covered by this Part. All cases not specifically covered by this Part shall be treated as new installations. Existing standard and non-standard boilers shall be governed by current ASME/National Board Code requirements or the requirement of the ASME Codes in effect at the time of construction. Questions concerning existing nonstandard boilers may be referred to the Chief Inspector. Appeal of a decision of the Chief Inspector may be made to the Board.

History

• Source: Amended at 17 Ill. Reg. 14917, effective September 1, 1993

41 Ill. Adm. Code 2120.400 Operation of Boilers and Pressure Vessels

a) Designation of Operators. Owners of boilers and pressure vessels as defined in the Act shall designate an operator to discharge the duties of operation and maintenance of such devices.

b) Maintenance Requirements. Owners of boilers and pressure vessels shall maintain such devices in accordance with manufacturers specifications and this Part pertinent to such devices.

c) Operational Requirements. Owners of boilers and pressure vessels shall perform periodic checks and operational maintenance of such devices to ensure the structural and technical integrity of the device. Frequency of checks and operational maintenance shall be determined by the manufacturer of the device and this Part. Depending on the size and use of a boiler or pressure vessel, checks and maintenance must be made at designated intervals by the operator. The designated interval and checks shall be as prescribed by, but need not be limited to, the manufacturers specification(s) and ASME CSD 1 (Controls and Safety Devices for Automatically Fired Boilers). Operators responsible for the maintenance and operation of boilers and pressure vessels shall have the skills necessary to perform those tasks at the level to ensure the safe operation of regulated devices. It is recommended that all operators of boilers and pressure vessels obtain training in the proper operation and maintenance of such devices; training may be obtained through local community colleges, mechanical insurers, trade associations, trade unions, and manufacturers and distributors of such devices.

d) Recordkeeping. Owners of boilers and pressure vessels shall maintain records of operation and maintenance of devices and make such records available upon request of the inspector. Such records shall include, but not be limited to, the following information:

1. Maintenance history of the device.

2. Operational check and maintenance logs.

3. Permits, licenses and other regulatory compliance information.

4. Problems and operational disruptions due to failure of the device or a device accessory.

Appendix A contains examples of operational and maintenance logs. Records shall be maintained for a period of no less than 3 years from the date of recording.

History

• Source: Added at 23 Ill. Reg. 162, effective January 1, 1999

41 Ill. Adm. Code 2120.500 Existing Installation of Pressure Vessels

Maximum Allowable Working Pressure for Standard Pressure Vessels. The maximum allowable working pressure for standard pressure vessels shall be determined in accordance with the applicable provisions of the ASME Code under which they were constructed and stamped.

a) Maximum Allowable Working Pressure for Nonstandard Pressure Vessels.

1. For Internal Pressure. The maximum allowable working pressure on the shell of a nonstandard pressure vessel shall be determined by the strength of the weakest course computed from the thickness of the plate, the tensile strength of the plate, the efficiency of the longitudinal joint, the inside diameter of the course and the factor of safety set by this Part.

Where:

TS = ultimate tensile strength of shell plates, psi. When the tensile strength of steel plate is not known, it shall be taken as 55,000 psi for temperature not exceeding 650F.

t = minimum thickness of shell plate of weakest course, inches.

E = efficiency of longitudinal joint, depending upon construction. Use the following values:

For Fusion-Welded and Brazed Joints:

Single lap welded ................................................ 40

Double lap welded................................................ 60

Single butt welded................................................ 60

Double butt welded.............................................. 75

Forge welded........................................................ 70

Brazed steel.......................................................... 80

For riveted joints − calculate riveted joint efficiency in accordance with rules given in Section I, Part PR, of the 1971 Edition ASME Code.

R = inside radius for weakest course of shell, inches, provided the thickness does not exceed 10 percent of the radius. If the thickness if over 10 percent of the radius, the outer radius shall be used.

FS = factor of safety permitted shall be a minimum of 5.0.

2. For External Pressure. The maximum allowable working pressure for cylindrical nonstandard pressure vessels subjected to external or collapsing pressure shall be determined by the Rules in Par. UG-27 and UG-28 of Section VIII of the ASME Code.

3. Factors of Safety. The minimum factor of safety may be increased when deemed necessary by the Inspector to assure the operation of the vessel within safe limits. The condition of the vessel and the particular service to which it is subject will be determining factors.

4. End Closures. The maximum allowable working pressure permitted for formed heads under pressure shall be determined by using the appropriate formulas from Par. UG-32, UG-33, or UG-35 of Section VIII, ASME Code and the tensile strength and factors of safety given above.

b) Repairs and Renewals of Fittings and Appurtenances. Whenever repairs are made to fittings and appurtenances or it becomes necessary to replace them, the work must comply with the requirements for new installations.

c) Conditions Not Covered by This Part. All cases not specifically covered by this Part shall be treated as new installations. Existing standard and non-standard pressure vessels shall be governed by current ASME/National Board Inspection Code requirements or the requirement of the ASME Codes in effect at the time of construction. Questions concerning existing non-standard pressure vessels may be referred to the Chief Inspector. Appeal of a decision of the Chief Inspector may be made to the Board.

History

• Source: Amended at 19 Ill. Reg. 11904, effective August 15, 1995

41 Ill. Adm. Code 2120.1000 Repairs and Alterations to Boilers and Pressure Vessels by Welding

a) Introduction. This Subpart covers rules for repairs and alterations to boilers and pressure vessels by welding. Where applicable rules for a repair or alteration are not given, it is intended that, subject to approval of the Inspector, details of design and construction, insofar as practicable, will be consistent with the rules of the ASME Code or the rules for repairs contained in the National Board Inspection Code or the Code to which the item was originally constructed.

b) General Requirements for Repairs and Alterations. The requirements of this Subpart apply to all repairs and alterations to boiler and pressure vessel pressure retaining parts, except that an owner-user of pressure vessels qualified in accordance with Section 15 of the Act shall have the option of using the provisions of API-510 for the inspection, repair, alteration, or rerating of pressure vessels. Organizations authorized in accordance with the Boiler and Pressure Vessel Repairer Regulation Act need not meet the requirements of Section 2120.1010, 2120.1020, 2120.1030 or 2120.1040.

c) All boilers and pressure vessels covered by the Act and repaired after July 31, 1997, must be repaired by one of the following:

1. By an organization holding a valid Certificate of Registration issued by the State Fire Marshal.

2. An organization authorized by the Division of Boiler and Pressure Vessel Safety pursuant to this Subpart to repair boilers or pressure vessels for their own use.

d) All boilers and pressure vessels covered by the Act altered after July 31, 1997, shall be altered in accordance with Section 2120.1041(b).

History

• Source: Amended at 21 Ill. Reg. 997, effective January 1, 1997

41 Ill. Adm. Code 2120.1010 Authorization to Repair Boilers and Pressure Vessels

Realizing the importance of the proper repair of boilers and pressure vessels, the Board of Boiler and Pressure Vessel Rules authorized the development of procedures and rules for the issuance and use of the Certificate of Authorization for repair for those organizations requesting authorization for their own use to repair boilers and pressure vessels under Section 2120.1000(c)(2). The Division shall review the repair organization's Quality Control Manual and shall require a demonstration of the repair organization's Quality Control System as described in this Subpart.

History

• Source: Amended at 21 Ill. Reg. 997, effective January 1, 1997

41 Ill. Adm. Code 2120.1020 Issuance and Renewal of the Certificate

Authorization to repair boilers and pressure vessels will be granted by the Division of Boiler and Pressure Vessel Safety, Office of the State Fire Marshal, pursuant to the provisions of the following administrative procedures and rules:

a) A Certificate of Authorization will be issued for a period of three years. The certificate shall indicate authorization to repair either boilers or pressure vessels or both, as covered by the repair organization's Quality Control Manual. The Certificate will be signed by the Chief Inspector.

b) The applicant shall apply to the Division for renewal of authorization and reissuance of the Certificate at least six (6) months prior to the date of expiration.

c) Before issuance or renewal of the Certificate of Authorization, the repair organization shall demonstrate its Quality Control System to a representative of the Division.

d) It is the responsibility of the repair organization to make arrangements for this review. Certificates cannot be issued nor renewed until the Division has completed this review.

History

• Source: Amended at 17 Ill. Reg. 14917, effective September 1, 1993

41 Ill. Adm. Code 2120.1030 Changes to Certificates of Authorization

When an organization authorized by the Division to repair boilers and pressure vessels for their own use changes location and/or ownership or name, the Office of the State Fire Marshal, Division of Boiler and Pressure Vessel Safety shall be notified. When a repair organization changes location, name or ownership, a review of its Quality Control System is required.

History

• Source: Amended at 21 Ill. Reg. 997, effective January 1, 1997

41 Ill. Adm. Code 2120.1040 Quality Control Requirements

a) General

1. Before issuance or renewal of a Certificate of Authorization, the repair organization must meet all requirements including an acceptable Quality Control System, outlined in a written Quality Control System Manual, which shall include material control, fabrication, welding, nondestructive examination, testing and inspection.

2. The Quality Control System Manual shall also include provisions for making revisions, posting and dating changes in the program enabling the System to be kept current as required.

3. The description and information relating to the System may be brief or voluminous, depending upon the circumstances.

4. In general, the Quality Control System Manual shall describe and explain what documents and procedures the repair firm will use to validate a repair.

5. A review of the repair organization's Quality Control System and Manual will be performed by a representative of the Division. The review will include a demonstration of the implementation of the provisions of the repair organization's Quality Control System.

6. Each repair organization to which a Certificate of Authorization is issued shall maintain thereafter an up-to-date copy of its accepted Quality Control System Manual and keep a current copy on file with the Division. Revisions to the Manual shall not be implemented until such revisions are accepted by the Division.

b) The following sets the minimum requirements for a Quality Control System for repairs of boilers and pressure vessels. Each repair organization shall develop its own Quality Control System which is designed to meet the requirements of the organization. Requirements for the individual Quality Control System Manuals include:

1. Title Page – The title page shall include the name and address of the repair organization to which the Certificate of Authorization is to be issued. It shall also list the Sections of the ASME Code to which the repairs apply.

2. Revision Log – A revision log is required to assure control over revisions in the Quality Control System Manual. The log shall contain sufficient space for date, description and section of revision, repair organization approval and Division acceptance.

3. Contents Page – The contents page shall list and reference, by paragraph and page number, the subjects and exhibits contained within the System.

4. Statement of Authority and Responsibility – A statement of authority and responsibility shall appear on organization letterhead, dated and signed by an officer of the organization:

A) Directing that disagreements in the implementation of the written Quality Control System shall be referred to a higher authority in the organization for resolution; and

B) Listing the title of the individual authorized to approve revisions to the written Quality Control System Manual and the method by which such revisions are to be submitted to the Division for acceptance before implementation.

5. Organizational Chart – The organizational chart shall include all departments or divisions within the repair organization that perform functions affecting the quality of the repair and show the relationship.

6. Scope of Work – The scope of work section shall clearly indicate the scope and type of repairs the organization is capable of and intends to perform. The scope can be limited by engineering, machine tools, welding processes, heat treatment facilities, testing facilities, nondestructive examination (NDE) techniques or qualified personnel.

7. Drawings and Specification Control – The drawings and specification control system shall provide procedures assuring that the latest applicable drawings, specifications and instructions required are used for repair, inspection and testing.

8. Material Control – The material control section shall describe procurement of material with request for mill test certification as required. It shall describe receiving, storage and issuance, as well as the following:

A) The title of the individual responsible for the procurement of all material.

B) The title of the individual responsible for certification and other records as required.

C) Procedures for checking all incoming material and parts for conformance with the purchase order and, where applicable, the material specifications or drawings. The material section shall indicate how the material or part is identified and how identity is maintained by the Quality Control System.

9. Repair and Inspection Program – The repair and inspection program section shall include reference to a document (such as a report, traveler or checklist) which outlines the specific repair and inspection procedures used in the repair. The document shall be retained for a period of at least five years. The document shall include the material check and a description of items such as the welding procedure specifications (WPS), fit-ups, NDE technique, heat treatment, and hydrostatic/pneumatic pressure test methods used. There shall be a space for "sign-offs" at each operation to verify that each step has been properly performed.

10. Welding, NDE and Heat Treatment – The Quality Control System Manual shall indicate the title of the person(s) responsible for the development and approval of the welding procedure, specifications, and their qualifications as well as the qualifications of welders and welding operators. Welding procedure, specifications, welders and welding operators shall be qualified under the requirements specified in the ASME Boiler and Pressure Vessel Code, Section IX. Similarly, NDE and heat treatment techniques must be described in the Quality Control System Manual. When outside services are used, the contracted service provider shall perform in accordance with the Quality Control System Manual and shall meet the requirements of the applicable section of the ASME Code.

11. Calibration of Measurement and Test Gauges – The calibration of measurement and test gauges system shall include the periodic (indicate time schedule) calibration of measuring instruments and pressure gauges.

A) Pressure gauges are to be checked periodically by the person authorized (indicate title). The method of gauge testing is to be indicated and results recorded.

B) Periodically, all master instruments shall be calibrated, preferably but not necessarily, to measuring equipment that is traceable to the National Bureau of Standards.

12. Nonconformities – The system shall establish measures for the identification, documentation, evaluation, segregation and disposition of nonconformities. A nonconformity is a condition of any material, item, product or process in which one or more characteristics do not conform to the established requirements. These may include, but are not limited to, data discrepancies, procedural and/or documentation deficiencies or material defects. Also, the title(s) of the individual(s) involved in this process shall be included.

13. Controlled Copy – An up-to-date copy of the written Quality Control Systems Manual shall be submitted to the Division for review and acceptance. Revisions shall also be submitted for acceptance prior to being implemented.

14. Sample Forms – Forms used in the Quality Control System shall be included in the Manual with a written description. Forms exhibited shall be marked "SAMPLE" and completed in a manner typical of actual repair procedures.

15. Individuality Important – It is extremely important that the Quality Control System and Manual be tailored to the operations of the individual repair organization while meeting the requirements of this Subpart.

History

• Source: Amended at 23 Ill. Reg. 162, effective January 1, 1999

41 Ill. Adm. Code 2120.1041 Repair and Alteration Requirements

a) Repairs. Except as permitted for low pressure boilers, no repair to a pressure vessel or high pressure boiler shall be initiated without the authorization of the Inspector who shall be satisfied that the welding procedures and welders are qualified and that the repair methods are acceptable. The Inspector may give prior approval for repairs of a routine nature. In every case, however, the Inspector shall be advised of each repair under such prior agreement.

b) Alterations. Except as permitted for owner-users in Section 2120.1000(b), alterations to boilers and pressure vessels shall be performed by an authorized repairer. No alteration to a boiler or pressure vessel shall be initiated without the authorization of the Inspector who shall be satisfied that the alteration methods and calculations are acceptable. If the Inspector considers it necessary, the Inspector shall make an inspection of the object before granting such authorization.

c) Welded Repairs to Low Pressure Boilers. All welded repairs to low pressure boilers shall be performed by an authorized repairer and shall comply with all the rules as required by the Board, except no third party inspection is required. Prior to the start of any low pressure boiler repair, the authorized repairer shall contact the Division and request a low pressure boiler repair permit authorization number and inform the Division of the physical location of the boiler to be repaired. Upon completion of the repair, the authorized repairer will submit a completed "Low Pressure Boiler Repair Form" (LP-1) to the Division.

d) Acceptance of Repairs and Alterations. Provided that repairs or alterations are acceptable to the Authorized Inspection Agency responsible for the boiler or pressure vessel, acceptance of repairs and alterations may be made by an Inspector employed by any of the following:

1. The Division.

2. The Inspection Agency of record of the organization making the repair or alteration.

3. The Authorized Inspection Agency, provided the work was not performed by the Agency employing the Inspector, except as provided in subsection (f) of this Section.

e) Acceptance Inspection. It shall be the responsibility of the organization making the repair or alteration to coordinate the acceptance inspection of the repair or alteration. Except for repairs of a routine nature, a completed record of welding repairs shall be submitted to the Division by those organizations authorized under Section 2120.1000(c)(2). Authorized repairers shall submit the appropriate National Board Form to the Division upon completion of repairs or alterations.

f) Owner-User Acceptance Inspection of Repairs. An Owner-User Inspector may perform acceptance inspections of repairs and alterations to boilers and pressure vessels when such repairs and alterations have been performed by the Inspector's employer, provided the repair organization and inspection procedures have the Division's specific approval. Such acceptance inspection procedures shall be subject to the concurrence of the Authorized Inspection Agency responsible for the boiler or pressure vessel.

g) Replacement Pressure Parts. In general, replacement pressure parts may be classified as follows:

1. Replacement parts subject to internal or external pressure that consist of materials which may be formed or assembled to the required shape by bending, forging or other forming methods, but on which no shop fabrication welding is performed may be supplied as material. Material and part identification shall be supplied in the form of bills of material and drawings with ASME Code compliance.

2. Replacement parts subject to internal or external pressure that are fabricated preassembled by welding, but on which shop inspection is not required by the ASME Code, shall have the welding performed in accordance with Section IX and other applicable Sections of the ASME Code. The replacement part assembly identification shall be supplied in the form of bills of material and drawings. The supplier or manufacturer shall certify that the material, design and fabrication are in accordance with the applicable Section of the ASME Code.

3. Replacement parts subject to internal or external pressure fabricated by welding which require shop inspection by an Authorized Inspector shall be fabricated by a manufacturer having an ASME Certificate of Authorization and the appropriate Code Symbol Stamp. A Manufacturer's Partial Data Report shall be supplied by the manufacturer.

h) Pressure Tests

1. Repairs. The Inspector may require a pressure test after the completion of a repair to a boiler or pressure vessel when in the Inspector's judgment one should be conducted.

2. Alterations. A pressure test in accordance with the National Board Inspection Code shall be applied to the boiler or pressure vessel on the completion of an alteration.

i) Repair Methods. Repair methods in this Section shall be used in conjunction with the general requirements in Section 2120.1000(b) of this Part.

j) Defect Repairs

1. General. A repair of a defect, such as a crack in a welded joint or base material, shall not be made until the defect has been removed. A suitable nondestructive method shall be used to assure its complete removal. If the defect penetrates the full thickness of the material, the repair shall be made with a complete penetration weld such as double butt weld or a single butt weld with or without backing. Before repairing a cracked area, care shall be taken to investigate its cause and to determine its extent.

2. Unstayed Boiler Furnace Cracks. Cracks at the knuckle or at the turn of the flange of the furnace opening require immediate replacement of the affected area or specific approval of repairs by the Authorized Inspection Agency.

3. Rivet or Staybolt Hole Cracks. Cracks radiating from rivet or staybolt holes may be repaired if the plate is not seriously damaged. If the plate is seriously damaged, it shall be replaced.

4. Minor Defects. Minor cracks, isolated pits, and small plate imperfections shall be examined to determine the extent of the defect and whether welding is required. When welding is required, these defects shall be prepared for welding by removing to solid metal. Liquid penetrant or magnetic particle examination may be used before and/or after welding.

5. Defective Bolting. Defective bolting material shall not be repaired but shall be replaced with suitable material which meets the specifications of the applicable Section of the ASME Code.

k) Wasted Areas

1. Shells, Drums, Headers. Wasted areas in stayed and unstayed shells, drums and headers may be built up by welding provided that in the judgment of the Inspector the strength of the structure will not be impaired. Where extensive weld build-up is employed, the Inspector may require an appropriate method of NDE (nondestructive examination) for the complete surface of the repair. For repairs of minor defects see Section 2120.1041(j)(4) of this Part.

2. Access Openings. Wasted areas around access openings may be built up by welding or they may be repaired. In boilers, the area to be so repaired shall not be closer than 2 inches (50.8mm) from any knuckle.

3. Flanges. Wasted flange faces may be cleaned thoroughly and built up with weld metal. They should be machined in place if possible to a thickness not less than that of the original flange or that required by calculations in accordance with the provisions of the applicable Section of the ASME Code. Wasted flanges may also be remachined in place without building up with weld metal provided the metal removed in the process does not reduce the thickness of the flange to a measurement below that calculated above. Flanges which leak because of warpage or distortion and which cannot be remachined shall be replaced with new flanges which have at least the dimensions conforming to the applicable Section of the ASME Code.

4. Tubes. Wasted ares on tubes may be repaired by welding provided that in the judgment of the Inspector the strength of the tube will not be impaired.

5. Corrosion, Grooving.

A) Localized corrosion that produced a groove, especially along or immediately adjacent to a joint, could be more serious than a similar amount of corrosion on solid plate away from the joint. Grooving and cracks along longitudinal joints are especially significant as they are likely to occur where the material is more highly stressed. Severe corrosion is likely to occur at points where the circulation of the corrosive fluid is poor; such places shall be examined most carefully.

B) For the purposes of estimating the effect of corrosion or other defects upon the strength of a shell, comparison shall be made with the efficiency of the longitudinal joint of the boiler or pressure vessel, the strength of which is always less than that of a solid sheet.

C) All flanging shall be inspected thoroughly, particularly the flanges of heads that are not stayed. Internal grooving in the fillets of such heads and external grooving in the outer surfaces of heads concave to pressure are very common since there is a slight movement in heads of this character which produces this kind of defect. Some types of boilers or pressure vessels have the ogee or reversed-flange construction in a few of their parts that may be inaccessible to the eye, but the conditions shall be determined by the insertion of a borescope, fiber optics or a mirror which, at a proper angle, will reflect back to the eye the condition of such a part.

D) On new vessels and on vessels for which service conditions are being changed, one of the following methods shall be employed to determine the probable rate of corrosion from which the remaining wall thickness at the time of the next inspection can be estimated:

i) The corrosion rate as established by accurate data collected by the owner or user on vessels in the same or similar service.

ii) If accurate data for the same or similar service are not available, the probable corrosion rate as estimated from the Inspector's knowledge and experience on vessels in similar service.

iii) If the probable corrosion rate cannot be determined by either of the above mentioned methods, thickness determinations shall be made after approximately 1000 hours of service, or one normal run if longer than this; subsequent sets of thickness measurements shall be taken after additional similar intervals until the corrosion rate is determined by this method; the corrosion data indicated by the first inspection may be used as a first approximation of the corrosion rate but shall be excluded from all subsequent computations of the corrosion rate, since attack on the initial surfaces may not be indicative of subsequent attack on corroded surfaces.

l) Seal Welding

1. Seal Welding of Tubes. Tubes may be seal welded provided the ends of the tubes have sufficient wall thickness to prevent burn through and the requirements of the appropriate Sections of the ASME Code are satisfied.

2. Seal Welding of Riveted Joints. Edges of butt straps, plate laps and nozzles, or of connections attached by riveting may be restored to original dimensions by welding. Seal welding of riveted joints, butt straps or rivets shall require the approval of the Authorized Inspection Agency.

m) Re-Ending or Piecing Pipes and Tubes. Re-ending or piecing pipes and tubes is permitted provided the thickness of the remaining tube or pipe is not less than 90 percent of that required by the applicable Section of the ASME Code.

n) Patches

1. Flush Patches. The weld around a flush patch shall be a full penetration weld and the accessible surfaces shall be ground flush where required by the applicable Section of the ASME Code. Flush welded patches shall be subjected to an appropriate nondestructive examination which shall be consistent with the original construction requirements.

2. Tube Patches. In some situations it is necessary to weld a flush patch on a tube, such as when replacing tube sections and accessibility around the complete circumference of the tube is restricted or when it is necessary to repair a small bulge. This is referred to as a window patch.

3. Stays. Threaded stays may be replaced by welded-in stays provided that, in the judgment of the Inspector, the plate adjacent to the staybolt has not been materially weakened by deterioration or wasting away. All requirements of the applicable Section of the ASME Code governing welded-in stays shall be met.

o) Alteration Methods. Alteration methods shall comply with the general requirements of Section 2120.1000(b) of this Part.

p) Replacement Drums and Shells. Major replacement of pressure parts, including drums and shells, which are fabricated by welding and for which a Manufacturer's Data Report is required by the applicable Code Section shall be fabricated by a manufacturer having an ASME Certificate of Authorization and the appropriate Code Symbol Stamp. The item shall be inspected, stamped with the applicable Code Symbol and the word "PART", and reported on the appropriate Manufacturer's Partial Data Report.

q) Replaced Stamping. When a repair or alteration requires removal of that part of a boiler or pressure vessel containing the Code Stamping, the Inspector shall, subject to the approval of the jurisdiction, witness the making of a facsimile of stamping, the obliteration of the old stamping and the transfer of the stamping to the new part. When the stamping is on a nameplate, the Inspector is to witness the transfer of the nameplate to the new part. The Code Symbol is not to be restamped.

r) Rerating of a Boiler or Pressure Vessel. Rerating of a boiler or pressure vessel by increasing the maximum allowable working pressure (internal or external) or temperature, or decreasing the minimum temperature such that additional mechanical tests are required, shall be considered an alteration and shall be done only after the following requirements have all been met to the satisfaction of the Authorized Inspection Agency:

1. Revised calculations verifying the new service conditions shall be required from the original manufacturer for review and acceptance by the Authorized Inspection Agency. When such calculations cannot be obtained from this source, they may be prepared by an Engineer and forwarded for review and acceptance by the Authorized Inspection Agency.

2. All reratings shall be established in accordance with the requirements of the Code to which the boiler or pressure vessel was built or by computation using the appropriate formulas in the latest edition of the ASME Code if all essential details are definitely known to comply with the edition of the Code to which the object was built.

3. Current inspection records verify that the boiler or pressure vessel is satisfactory for the proposed service conditions.

4. The boiler or pressure vessel has been pressure tested for the rerated condition as required by subsection (h)(2) of this Section.

s) Suggestions

1. The Inspector should be well informed of the natural and neglectful causes of defects and deterioration of boilers and pressure vessels. The Inspector should be conscientious and extremely careful in observing, taking sufficient time to make the examinations thorough in every way, taking no one's statement as final as to conditions not personally observed, and, in the event of inability to make thorough inspections, the Inspector should note it in the report and not accept the statements of others.

2. The Inspector shall make a general observation of the conditions of the boiler room and apparatus, as well as of the attendants, as a guide in forming an opinion of the general care of the equipment.

3. The Inspector shall weigh very carefully the condition of any defects in order to determine their relation to, or influence upon, the safety of the inspected boiler or pressure vessel. The Inspector shall question responsible employees as to the history of old boilers or pressure vessels, their peculiarities and behavior; ascertain what, if any, repairs have been made; ascertain the character of repairs; and investigate and determine whether repairs were made properly and safely.

History

• Source: Amended at 21 Ill. Reg. 997, effective January 1, 1997

41 Ill. Adm. Code 2120.1100 Procedure for the Issuance of a State Special Permit

a) The Board of Boiler and Pressure Vessel Safety may issue special permits for boilers and pressure vessels which for some reason were not or cannot be constructed in accordance with an applicable ASME Code.

b) Individuals, corporations, partnerships, joint ventures, and other entities may petition the Board at least 30 days prior to the next meeting of the Board for a permit for the installation of an object not constructed in accordance with the applicable ASME Code.

c) The Board may grant a special installation permit upon consideration of the following information that must be submitted by the petitioner:

1. A statement of relief sought with all specific information as to why a State Special is requested. This statement must be signed by:

A) An attorney licensed to practice law in the State of Illinois, including the attorney's license number;

B) An officer of the corporation, indicating the office, if the entity seeking the State Special is a corporation; or

C) The owner or partner, if the entity seeking the State Special is a sole proprietorship or a partnership, respectively.

2. Full details of design and construction showing equivalency to the ASME Code.

3. All data pertaining to the physical and chemical properties of all material used in construction.

4. All calculations showing in detail how the maximum allowable working pressure was derived.

5. A report showing in detail the purposes for which the object is to be used.

6. Any other information the Board may deem necessary to make a decision.

d) The Board may, by regulation, issue special installation permits to a class of objects meeting the above criteria when it deems that the public interest would be best served by application of the class of objects rather than individual case-by-case determination.

e) The Board may, as a condition to issuance of a special permit, require the installation of additional safety features or prescribe certain operating procedures to be followed or require that additional maintenance and/or inspections be performed in addition to the requirements contained in this Part. The Board will use relevant safety data in determining the need for additional safety features or special operating procedures or additional maintenance and/or inspections. The owner shall provide the Division copies of special maintenance reports and/or inspections at time intervals identified with the issuance of the special permit.

f) All information requested by the Board shall be sent to the Division of Boiler and Pressure Vessel Safety with 10 copies provided.

g) In addition to the other requirements of this Section, the petitioner will be required to provide a certified stenographic reporter at the hearing at the petitioner's expense and one copy of the original transcript of the proceedings shall be sent to the Board. If a special meeting is necessary, the petitioner must agree to pay all travel and costs associated with the special meeting.

History

• Source: Amended at 35 Ill. Reg. 9028, effective July 1, 2011

41 Ill. Adm. Code 2120.1200 Authorization for Repair of Safety & Safety Relief Valves

All National Board capacity certified ASME Code Section I, "V" stamped and Section VIII, "UV" stamped safety and safety relief valves that are repaired after January 1, 1987, must be repaired by one of the following:

a) The manufacturer of the valve who is in possession of a valid ASME "V" or "UV" Certificate of Authorization.

b) By an organization in possession of a valid "VR" Certificate of Authorization issued by the National Board of Boiler and Pressure Vessel Inspectors.

c) An organization authorized by the Division of Boiler and Pressure Vessel Safety to repair safety and safety relief valves pursuant to this Subpart.

History

• Source: Amended at 17 Ill. Reg. 14917, effective September 1, 1993

41 Ill. Adm. Code 2120.1210 Authorization to Repair Asme and National Board Stamped Safety and Safety Relief Valves

Realizing the importance of the proper repair of safety and safety relief valves, the Board of Boiler and Pressure Vessel Rules authorized the development of procedures and rules for the issuance and use of the Certificate of Authorization for Valve Repair for those organizations requesting authorization to repair safety and safety relief valves under Section 2120.1200(c). The Division shall review the repair organization's Quality Control System Manual and shall require a demonstration of the repair organization's Quality Control System as described in this Subpart.

History

• Source: Amended at 17 Ill. Reg. 14917, effective September 1, 1993

41 Ill. Adm. Code 2120.1220 Issuance and Renewal of the Certificate

Authorization to repair all ASME Section I and Section VIII safety and safety relief valves will be granted by the Division of Boiler and Pressure Vessel Safety, Office of the State Fire Marshal, pursuant to the provisions of the following administrative procedures and rules:

a) A Certificate of Authorization will be issued expiring on the triennial anniversary date. The certificate shall indicate authorization to repair either Section I or Section VIII valves or both, as verified by testing and as covered by the repair organization's Quality Control System Manual. The Certificate will be signed by the Chief Inspector;

b) The applicant should apply to the Division for renewal of authorization and reissuance of the Certificate at least six (6) months prior to the date of expiration;

c) Before issuance or renewal of the Certificate of Authorization for Valve Repair, the repair organization and its facilities demonstrate its Quality Control System to a representative of the Division;

d) It is the responsibility of the valve repair organization to make arrangements for this review. Certificates cannot be issued nor renewed until the Division has completed this review;

e) Before the Certificate of Authorization for Valve Repair will be issued or renewed, two valves which have been repaired by the applicant at his repair facility, and selected at random by a representative of the Division, must successfully complete operational verification tests prior to issuance or renewal. The valve selection (one steam and one air or gas where steam and gas valves are repaired) shall be such as to cause a minimum disruption to the repair organization. However, the valves shall be typical of those repaired by the organization. Tests conducted must be witnessed by a representative of the Division. The purpose of the tests is to ensure that the repairs have been satisfactorily carried out and the function and operation of the valves meet the requirements of the Section of the ASME Code to which they were manufactured.

History

• Source: Amended at 17 Ill. Reg. 14917, effective September 1, 1993

41 Ill. Adm. Code 2120.1240 Changes to Certificates of Authorization

When a valve repair organization changes, location and/or ownership or name, the Office of the State Fire Marshal, Division of Boiler & Pressure Vessel Safety shall be notified. When a valve repair organization changes location, name or ownership, a review of its facilities and Quality Control System Manual shall be required.

History

• Source: Amended at 17 Ill. Reg. 14917, effective September 1, 1993

41 Ill. Adm. Code 2120.1250 Repairs to Safety and Safety Relief Valves

a) Repair of a safetyor safety relief valve is considered to be the replacement, remachining or cleaning of any critical part as described in 2120.1260(b)(8)(D), lapping of seat and disc or any other operation which may affect the flow passage, capacity, function or pressure retaining integrity. Disassembly, reassembly and/or adjustments which affect the safety or safety relief valve function are also considered a repair. The initial installation, testing and adjustments of a new safety valve or a safety relief valve on a boiler or pressure vessel are not considered a repair.

b) The Division shall authorize properly trained and qualified employees of boiler or pressure vessel users or their designees (see Section 2120.1285) to make adjustments to set pressure provided the adjusted settings and the date of the adjustment are recorded on a metal tag secured to the seal wire. All external adjustments shall be resealed showing the identification of the organization making the adjustments.

History

• Source: Amended at 17 Ill. Reg. 14917, effective September 1, 1993

41 Ill. Adm. Code 2120.1260 Quality Control System

a) General

1. Before issuance or renewal of the Certificate of Authorization, the applicant must meet all requirements, including an acceptable written Quality Control System that shall include, but not be limited to, material control, fabrication, welding, nondestructive examination, testing and inspection.

2. The written Quality Control System shall also include provisions for making revisions, posting and dating changes in the program, enabling the system to be kept current as required.

3. The description and information of the system may be brief or voluminous, depending upon:

A) whether the organization's quality control manual accurately describes who is responsible for maintaining quality control; and

B) the size of the company holding the authorization and the number of employees assigned specific quality control duties.

4. In general, the Quality Control System shall describe and explain what documents and procedures the repair firm will use to validate a valve repair.

5. A review of the applicant's Quality Control System will be performed by a representative of the Division. The review will include a demonstration of the implementation of the provisions of the applicant's Quality Control System.

6. Each applicant to whom a Certificate of Authorization is issued shall maintain thereafter an up to date copy of its accepted Quality Control System Manual with the Division. Revisions to the Quality Control System Manual shall not be implemented until the revisions are accepted by the Division.

b) The following are the minimum requirements of the Division for a written Quality Control System for repairs of ASME safety and safety relief valves. It is essential that each valve repair organization develop its own Quality Control System that meets the requirements of its organization. For this reason, it is not possible to develop one Quality Control System that could apply to more than one organization. Some of these requirements are:

1. Title Page – The title page shall include the name and address of the company to which the Certificate of Authorization is to be issued. It shall also list the Sections of the ASME Code to which the repairs will apply.

2. Revision Log – A revision log is required to assure revision control of the Quality Control System Manual. The log shall contain sufficient space for date, description and section of revision, company approval and Division acceptance.

3. Contents Page – The contents page shall list and reference, by paragraph and page number, the subjects and exhibits contained in the manual.

4. Statement of Authority and Responsibility – A statement of authority and responsibility shall appear on company letterhead, dated and signed by an officer of the company verifying the following:

A) If there is a disagreement in the implementation of the written Quality Control System, the matter is referred to a higher authority in the company for resolution; and

B) The title of the individual authorized to approve revisions to the written Quality Control System and the method by which revisions are to be submitted to the Division for acceptance before implementation.

5. Organizational Chart – The organizational chart shall include all departments or divisions within the company that perform functions affecting the quality of the valve repair and show the relationship among the various departments or divisions.

6. Scope of Work – The scope of work section shall clearly indicate the scope and type of valve repairs the organization is capable of and intends to carry out, and shall include the type and sizes of valves that can be repaired. In addition, the testing media (steam, air, water, etc.) and pressure ranges should be included. The scope can be limited by engineering, machine tools, welding processes, heat treatment facilities, testing facilities, non-destructive examination (NDE) techniques or qualified personnel.

7. Drawings and Specification Control – The drawings and specification control system shall provide procedures assuring that the latest applicable drawings, specifications and manufacturer's available instructions required are used for valve repair, inspection and testing.

A) Specific reference shall be made to the materials used for the repair of the various valve parts (PG-73.2.3, Section I and UG-136(b)(3), Section VIII, Division 1 of the ASME Code).

B) Mechanical requirements shall comply with the ASME Code. See applicable Code Section.

8. Material and Part Control – The material and part control section shall describe procurement of parts from the original valve manufacturer or their designated representative, if applicable, and of material with request for mill test certification as required. It shall also describe receiving, storage and issuance, as well as the following:

A) State the title of the individual responsible for the procurement of all material and parts.

B) State the title of the individual responsible for certification and other records as required.

C) All incoming material and parts shall be checked for conformance with the purchase order and, when applicable, the material specifications or drawings. Indicate how the material or part is identified and how identity is maintained by the Quality Control System.

D) All critical parts shall be fabricated by the valve manufacturer. Critical parts are defined as any part that may affect the flow passage, capacity, pressure rating or valve function.

9. Repair and Inspection Program – The repair and inspection program section shall include reference to a document (such as a report, traveler or checklist) that outlines the specific repair and inspection procedures to be used in the repair of safety and safety relief valves. Provisions shall be made to retain this document for a period of at least five years as a part of quality control traceability documents.

A) Each valve or group of valves shall be accompanied by the document referred to in subsection (b)(9) for processing through the plant.

B) The document referred to in subsection (b)(9) shall include material check, reference to items such as the welding procedure specifications (WPS), fit-ups, NDE technique, heat treatment, and pressure test methods to be used. There shall be a space for "sign-offs" at each operation to verify that each step has been properly performed for each valve.

C) The system shall include a method of controlling the repair or replacement of critical valve parts. The method of identifying each spring shall be indicated.

10. Welding, NDE and Heat Treatment (when applicable) – When welded repairs are made by the Certificate holder, the Quality Control System Manual shall indicate the titles of the persons responsible for the development and approval of the welding procedure specifications and their qualifications, and the qualifications of welders and welding operators. Welding procedures specifications and welders and welding operators shall be qualified under the requirements of the ASME Boiler and Pressure Vessel Code, Section IX. Similarly, NDE and heat treatment techniques must be covered in the Quality Control System Manual. When outside services are used, the Quality Control System Manual shall describe the system by which the use of those services meets the requirements of the applicable Section of the ASME Code.

11. Valve Testing and Setting – The Quality Control System Manual shall include provisions that each valve shall be tested and set and all external adjustments sealed according to the requirements of the valve manufacturer and as required by this Section. The seal shall identify the repair organization. Abbreviations or initials are permitted.

12. Valve Repair Nameplates – An effective valve stamping system shall be established to ensure proper stamping of each valve as required by Section 2120.1270. The Quality Control System Manual shall include a description or a drawing of the nameplate.

13. Calibration of Measurement and Test Gauges – The calibration of the measurement and test gauges system shall include the periodic calibration of measuring instruments and pressure gauges.

A) Pressure gauges used for setting valves are to be checked periodically (indicate time schedule) by the person authorized (indicate title). The method of gauge testing is to be indicated and results recorded.

B) Periodically, all master instruments shall be calibrated preferably, but not necessarily, to measuring equipment traceable to the National Bureau of Standards.

14. Controlled Copy – An up to date copy of the written Quality Control System Manual shall be submitted to the Division for review and acceptance. Revisions shall also be submitted for acceptance prior to being implemented.

15. Nonconformities – The system shall establish measures for the identification, documentation, evaluation, segregation and disposition of nonconformities. A nonconformity is a condition of any material, item, product or process in which one or more characteristics do not conform to the established requirements. These may include, but are not limited to, data discrepancies, procedural and/or documentation deficiencies, or material defects. Also, the titles of the individuals involved in this process shall be included.

16. Sample Forms – Forms used in the Quality Control System shall be included in the manual with a written description. Forms exhibited shall be marked "SAMPLE" and completed in a manner typical of actual valve repair procedures.

17. Individuality Important – It is extremely important that the manual describe and the operation implement the system of each repair organization firm while meeting the requirements of this Subpart.

History

• Source: Amended at 32 Ill. Reg. 17198, effective October 16, 2008

41 Ill. Adm. Code 2120.1270 Nameplates

a) When a safety or safety relief valve is repaired, a metal repair nameplate stamped with the information required by subsection (b) shall be attached and sealed by wire and lead or metal seal stamped to the valve either above, adjacent to or below the original stamping. See Section 2120.1250(b) for exception.

b) As a minimum, the information on the valve repair nameplate shall include the name of the repair organization and the date of repair. If set pressure has been changed, then the new pressure setting, as well as the blowdown (for "V" stamped valves), and new capacity shall be indicated. The original nameplate or stamping shall be marked out but left legible. The new capacity shall be based on that for which the valve was originally certified.

c) Illegible or Missing Nameplates

1. When the information on the original manufacturer's or assembler's nameplate or stamping is illegible, the nameplate or stamping shall be augmented or replaced by a nameplate stamped "duplicate" that contains all information that originally appeared on the nameplate or valve, as required by the applicable Section of the ASME Code, except the "V" or "UV" symbol and the National Board mark. The repair organization's nameplate and other required data specified in subsection (b) will make the repair organization responsible to the owner and the Division for the information on the duplicate nameplate being correct.

2. When the original valve nameplate is missing, the repair organization is not authorized to perform repairs to the valve under the program unless positive identification can be made to that specific valve and verification that the valve was originally stamped with a "V" or "UV" stamp. Valves that can be positively identified shall be equipped with a duplicate nameplate as described in subsection (c)(1), in addition to the repair organization stamped nameplate. The repair organization responsibilities for accurate data as defined in subsection (c)(1) shall apply.

3. When a duplicate nameplate is affixed to a valve as required by subsection (c)(1) or (c)(2), it shall be marked "Sec I" or "Sec VIII", as applicable, to indicate the original ASME Code stamping.

History

• Source: Amended at 32 Ill. Reg. 17198, effective October 16, 2008

41 Ill. Adm. Code 2120.1275 Field Repair

a) Field repairs are defined as any repair conducted outside a fixed repair shop location. Field repairs may be conducted with the aid of mobile facilities with repair capabilities with or without testing capabilities. Field repairs may be conducted in user facilities without use of mobile facilities as described above.

b) Organizations that obtain certification for in-shop/plant repairs may also perform field repairs to safety and safety relief valves provided that:

1. Technicians trained as required by Section 2120.1285 in the employ of the certificate holder perform such repairs;

2. Quality Control System meeting Section 2120.1260 with procedures for field repairs is maintained;

3. All functions affecting the quality of the repaired valves are supervised from the location where the certification is issued;

A) Periodic audits of the work carried out in the field are made by quality control personnel of the Certificate holder to ensure that the requirements of the quality control system are met; this audit shall include but not be limited to testing by the Certificate holder of sample valves which were repaired in the field. Sample valves shall be tested using the Certificate holder's in-shop/plant testing facilities.

B) Provided the above provisions are met, verification testing of field repaired valves shall not be required.

C) Organizations that only perform field repairs must demonstrate field repair capabilities to representatives of the Division. Two valves, one steam and one air as applicable, must be repaired in the field and tested for verification. A Quality Control System Manual must be prepared describing all field repair activities that affect the performance of the repaired valves as specified in Section 2120.1260(b).

History

• Source: Amended at 17 Ill. Reg. 14917, effective September 1, 1993

41 Ill. Adm. Code 2120.1280 Performance Testing of Repaired Valves

Repaired valves shall meet the performance criteria equivalent to the standard for new valves.

a) Valves marked for steam service or having special internal parts for steam service shall be tested on steam. Valves marked for general service may be tested with air or gas. Each valve shall be tested to demonstrate set pressure, response to blowdown, if required, and seat tightness in accordance with the requirements of the applicable Sections of the ASME Code.

b) When valves are repaired by the owner for the owner's own use and not for resale, valves for steam service may be tested on air or nitrogen for set pressure and, if possible, blowdown adjustment, provided manufacturer's corrections for differential in set pressure between steam and testing medium are applied to the set pressure.

c) A hydraulic or pneumatic device may be used to apply an auxiliary lifting load on the spring of a repaired valve which has been installed on a boiler or pressure vessel to establish the set pressure of the valve in lieu of the tests required in subsection (a) and (b) above, provided calibrated testing equipment and testing procedures are followed. In such cases, the manufacturer's recommendations shall be used to establish blowdown.

History

• Source: Amended at 17 Ill. Reg. 14917, effective September 1, 1993

41 Ill. Adm. Code 2120.1285 Training of Valve Repair Personnel

It is essential that valve repair organizations insure that their personnel making repairs to safety and safety relief valves are knowledgeable and qualified. The repair organization shall provide for documented in-house training for these persons.

History

• Source: Amended at 17 Ill. Reg. 14917, effective September 1, 1993

41 Ill. Adm. Code 2120.1290 Asme "v", "uv" or National Board "vr" Certificate Holders

a) A manufacturer, assembler or other organization in possession of a valid ASME "V" or "UV" Code Symbol Stamp or an organization in possession of a National Board Certificate of Authorization for use of a National Board "VR" Stamp for the repair of ASME-National Board stamped safety and safety relief valves are authorized by these rules to repair such valves in accordance with these rules and such repairs must be within the scope of the organization's Certificate of Authorization whether issued by the ASME or the National Board.

b) A manufacturer or repair firm may perform field repairs of safety and safety relief valves covered by his Certificate of Authorization provided that:

1. Technicians are trained as required by Section 2120.1285 in the employ of the manufacturer or repair firm perform such repairs;

2. Quality Control System meeting Section 2120.1260 with procedures for field repairs is maintained;

3. All functions affecting the quality of the repaired valves are controlled from the location for which the certificate was issued;

4. Periodic audits of work carried out in the field are made by quality control personnel of the manufacturer or repair firm to ensure that the requirements of the Quality Control System are met; this audit may include, but not be limited to, witnessing the test of field repaired valves.

History

• Source: Amended at 17 Ill. Reg. 14917, effective September 1, 1993

41 Ill. Adm. Code 2120.1300 Introduction

The Illinois State Fire Marshal shall authorize as Owners-Users only those firms which meet all the requirements of Section 15 of the Act, and who have a written Quality Control System acceptable to the Chief Inspector. The applicant shall apply to the Division of Boiler and Pressure Vessel Safety for Owner-User status. After the Chief Inspector has reviewed the applicant's Quality Control System, he will submit a recommendation to the Board of Boiler and Pressure Vessel Rules for their consideration. Upon review of the Chief Inspector's recommendation, the Board will make a determination for acceptance or rejection of the applicant's status as an Owner-User. After acceptance as an Owner-User, the Division of Boiler and Pressure Vessel Safety shall provide for an annual audit of the program. This Subpart is a guide to the features which must be covered in the written description of the Quality Control System Manual.

History

• Source: Amended at 17 Ill. Reg. 14917, effective September 1, 1993

41 Ill. Adm. Code 2120.1301 Authority and Responsibility

The authority and responsibility of those in charge of the inspection department shall be established. Persons performing inspection functions shall have sufficient and well defined responsibility, authority, and the organizational freedom to identify problems and to initiate, recommend and provide solutions.

History

• Source: Added at 11 Ill. Reg. 16587, effective January 1, 1988

41 Ill. Adm. Code 2120.1305 Organization

a) An organization chart showing the relationship between management, engineering, purchasing, manufacturing, and inspection, is required to reflect the actual organization. The purpose of this chart is to identify and associate the various organizational groups with the particular function for which they are responsible. This requirement does not intend to encroach on the Owner-User's right to establish, and from time to time, alter whatever form of organization the Owner-User considers appropriate for its work.

b) The inspector(s) shall be under the supervision of one or more regularly employed engineer(s).

History

• Source: Amended at 17 Ill. Reg. 14917, effective September 1, 1993

41 Ill. Adm. Code 2120.1310 Inservice Inspection Program

The Owner-User Quality Control System shall include provisions to ensure that inspections are carried out in accordance with written procedures. These procedures must delineate all sources and references of pertinent information to be furnished by the Inspector. Included should be a statement that other sources of qualified help will be made available to the Inspector. These procedures shall highlight the degree of inspection required for the types of vessels involved. As a minimum these procedures shall include provisions for reporting the following:

a) Internal or external inspection.

b) Location and thickness of sample areas.

c) Location and extent of corrosion, bulging, blistering or cracks in shells, head, welding seams, and/or weld heat affected zones.

d) Type and extent of non-destructive examination employed.

e) Setting and condition of safety valve, safety relief valve, or rupture disks.

f) Provisions for complying with the report requirements of the Boiler and Pressure Vessel Safety Act.

History

• Source: Amended at 17 Ill. Reg. 14917, effective September 1, 1993

41 Ill. Adm. Code 2120.1320 Drawings, Design Calculations and Specification Control

The Owner-User Quality Control System shall provide procedures which will ensure that the latest applicable drawings, design calculations, specifications, and instructions required, as well as authorized changes, are used for inspection and repair.

History

• Source: Amended at 17 Ill. Reg. 14917, effective September 1, 1993

41 Ill. Adm. Code 2120.1325 Material Control

The Owner-User shall include a system of material receiving control that requires verification that the material received conforms to order requirements and that the identification of the materials corresponds to the material certifications or material test reports. The system shall ensure that only the intended material is used in repairs.

History

• Source: Amended at 17 Ill. Reg. 14917, effective September 1, 1993

41 Ill. Adm. Code 2120.1330 Examination and Inspection Program

The Owner-User Quality Control System shall describe the repair operations, including examinations, sufficiently to permit the inspector to determine at what stages specific inspections are to be performed. The system shall include a checklist, traveler or process sheet which lists important stages in the repair procedure which will allow the inspector to designate his desired inspections. As a minimum the stages shall permit the inspector to indicate his verification of the following:

a) Calculations are available.

b) Materials used comply with the ASME Code.

c) Welding procedures have been qualified in accordance with Section IX, ASME Code.

d) Welders and welding operators have been qualified in accordance with Section IX, ASME Code.

e) Heat treatment, including post weld heat treatment, as applicable, has been performed.

f) Material imperfections have been acceptably repaired.

g) Weld defects have been acceptably repaired.

h) Nondestructive examinations have been performed and results are acceptable.

i) Material identification markings have been properly transferred.

j) There are no material or dimensional imperfections.

k) Performance of internal and/or external inspections and witnessing hydrostatic or pneumatic test.

History

• Source: Amended at 17 Ill. Reg. 14917, effective September 1, 1993

41 Ill. Adm. Code 2120.1335 Correction of Nonconformities

There shall be a system agreed upon with the inspector for correction of nonconformities. A nonconformity is any condition which does not comply with the applicable provisions of this Part. Nonconformities must be corrected or eliminated in some way before the completed component can be considered to comply.

History

• Source: Amended at 17 Ill. Reg. 14917, effective September 1, 1993

41 Ill. Adm. Code 2120.1340 Welding

The Quality Control System shall include provisions for indicating that welding conforms to requirements of Section IX, of the ASME Code.

History

• Source: Amended at 17 Ill. Reg. 14917, effective September 1, 1993

41 Ill. Adm. Code 2120.1345 Nondestructive Examination

The Quality Control System shall include provisions for identifying nondestructive examination procedures which will apply. Procedures utilized and personnel performing nondestructive examinations shall meet the requirements of Section V, ASME Code.

History

• Source: Added at 11 Ill. Reg. 16587, effective January 1, 1988

41 Ill. Adm. Code 2120.1350 Calibration of Measurement and Test Equipment

The Owner-User Quality Control System shall include provisions for the calibration of examination, measuring, and test equipment used in fulfillment of requirements.

History

• Source: Amended at 17 Ill. Reg. 14917, effective September 1, 1993

41 Ill. Adm. Code 2120.1355 Records

The Owner-User Quality Control System shall describe the procedures to be followed to ensure the following records are maintained for the life of the pressure vessel or boiler.

a) Inservice Inspection Records:

1. ASME data reports if applicable

2. Date object was placed in service

3. Record of inservice inspections including inspector's signature

b) Repair Record:

1. Calculations

2. Material test reports

3. Traveler

4. Welding procedure specifications

5. Welding procedure qualification records

6. Welder qualification records

7. Heat treat procedure

8. Time-temperature charts

9. NDE procedures

10. NDE examination reports including NDE technician signature

History

• Source: Amended at 17 Ill. Reg. 14917, effective September 1, 1993

41 Ill. Adm. Code 2120.1360 Inspectors

The Quality Control System shall include a definition of inspector. The inspector as referenced in this Subpart D, Owner-User Quality Control Requirements shall meet the requirements of Section 8 and pass an examination in accordance with Section 9 of the Boiler and Pressure Vessel Safety Act. The inspector must carry out his duties in complete compliance with this Division. The inspector must have the authority to take necessary action if an unsafe condition is found.

a) The Owner-User inspector must:

1. Be a full-time employee of the Owner-User.

2. Be provided with the necessary tools and equipment to properly conduct his inspection duties.

3. Be provided with adequate space and necessary office equipment.

4. Be provided with proper and adequate training in order that he may effectively perform his duties. Provisions shall be made for additional training if needed in order to assure effective performance of his duties.

b) The Owner-User inspector shall not perform inspections on equipment for which he has operation or maintenance responsibilities.

History

• Source: Amended at 17 Ill. Reg. 14917, effective September 1, 1993

41 Ill. Adm. Code 2120.1400 Scope

This Subpart covers historical boilers, including steam tractors, traction engines, hobby steam boilers, portable steam boilers, and other boilers that require inspection under the definition of historical boilers. This Subpart is to be enforced in accordance with the requirements of the National Board Inspection Code (NBIC), Part 2, Section 6, Supplement 2 – Historical Boilers, unless excepted.

History

• Source: Amended at 42 Ill. Reg. 13457, effective July 1, 2018

Chapter III Board of Boiler and Pressure Vessel Rules

Part 2120 Boiler and Pressure Vessel Safety

41 Ill. Adm. Code 2120.1410 Historical Boiler Definition

a) An "historical boiler" means a boiler capable of generating steam for motive power when operated for public display, exhibition and/or educational purposes, without regard for its actual physical age or its method of construction. Historical boilers are owned and operated by steam hobbyists and are not used in commercial or any other applications that require an annual inspection by the State of Illinois. Historical boilers include steam-powered conveyances such as: traction engines, portable and stationary engines, road rollers, automobiles, watercraft, and railroad locomotives not regulated by the Federal Railroad Administration.

b) Model steam engines whose boiler barrels are 12 inches or greater in inside diameter and/or whose firebox grate area is 1½ square feet or greater shall be subject to inspection.

c) Exempted from inspections are any historical boilers that are used only for static presentations, i.e., unfired, and not subject to internal vessel pressure greater than atmospheric.

History

• Source: Added at 37 Ill. Reg. 13424, effective August 1, 2013

41 Ill. Adm. Code 2120.1420 Historical Boiler Inspections

a) Frequency of Inspection. Historical boilers shall be inspected every two years.

b) Preparation for Inspection

1. It is the responsibility of the owner to assure the historical boiler is properly prepared for inspection.

2. As much preparation as possible shall be completed prior to the arrival of the inspector.

3. Standards of inspection shall be the requirements of the National Board Inspection Code (NBIC) and this Subpart.

4. Preparation for internal inspection shall be as required by the NBIC, including:

A) The boiler must be at ambient temperature and dry.

B) Fireside open and grates must be removed.

C) Fireside tubesheets and tubes must be thoroughly cleaned of soot and ash.

D) Waterside drained and hand holes, plugs and inspection openings must be removed.

E) Sediment, scale and mud must be flushed.

F) Insulation or jackets must be removed, as appropriate.

5. When there is limited or no access for visual inspection, remote camera or fiber optic devices may be used.

c) Inspection Sequence

1. Initial Inspection. In addition to initial internal and external visual inspection, a baseline full grid ultrasonic testing (UT) inspection, as required by NBIC, shall be performed. The boiler shall be equipped with a fusible plug.

2. Subsequent Inspections

A) A certificate inspection two years following the initial inspection shall be performed. The certificate inspection will consist of a hydro test of between 100% and 125% of the calculated maximum allowable working pressure, along with an external visual inspection both at rest and under pressure.

i) The owner shall provide the pump, water, water temperature and expertise to safely complete the test, including proper protection from the elements as needed.

ii) A powered mechanical pump must have a safety relief device between the pump discharge and the boiler inlet.

iii) The State of Illinois will not be responsible for damage occurring as a result of the hydro test.

B) A certificate inspection shall be performed two years following the hydro test and shall consist of a detailed internal and external visual inspection with a spot check of approximately 10% UT coverage on all stayed and un-stayed surfaces.

C) Subsequent certificate inspections shall be performed every 2 years and shall follow a cycle of first performing a hydro test and then performing a detailed internal and external visual inspection with a spot check of approximately 10% UT coverage on all stayed and unstayed surfaces.

D) At no time shall the interval for internal inspection exceed 4 years.

E) If 4 consecutive years of inspections (2 certificate inspections) are not conducted, the next inspection shall be an initial inspection (see subsection (c)(1)), with full grid UT inspection performed by a certified American Society for Nondestructive Testing (ASNT) Level II UT Inspector. The owner will be responsible for this second full grid UT inspection.

d) In-service Inspection Option at the Discretion of the Inspector. In lieu of the hydro test, an Inspector may choose to witness the object in operation. The following examinations and tests shall be performed while the boiler is in operation:

1. Two independent means of boiler feed water delivery systems shall be demonstrated to the Inspector. Observance is to be performed at an operating pressure no less than 90% of the safety valve set point of the boiler. If the boiler is equipped with more than one feed water tank, each feed water device must be able to take water out of either feed water tank. Pumped feed water shall be preheated prior to entering the boiler.

2. Demonstration of operable try-cocks that show a level of water that correlates with that shown in the gauge glass.

3. Demonstration of operating gauge glass upper and lower shutoff valves.

4. Demonstration of an operating gauge glass blow down valve.

5. Verification that the gauge glass is visually clear and fully operational.

6. Visual inspection for leaks.

7. Safety Valve Test. Safety valves shall be tested by having the operator raise boiler pressure to the safety valve popping point. Popping point pressure and blow down will be observed to ensure they are within tolerances (see NBIC Part 2, S2.8). A certification acceptable under Section 2120.1210 may also be used for verification of set pressures.

e) Additional Inspection as May Be Required. The boiler may be subjected to other methods of inspection, at the owner's expense, as deemed necessary by the boiler inspector to determine soundness and to assure the safety of the operators and citizens of the State of Illinois.

f) Display of Inspection Certificate. The current Inspection Certificate shall be posted in a visible area near the point of operation.

History

• Source: Amended at 41 Ill. Reg. 846, effective January 17, 2017

41 Ill. Adm. Code 2120.1430 Fees

Fees shall be those established in Section 2120.30.

History

• Source: Added at 37 Ill. Reg. 13424, effective August 1, 2013

41 Ill. Adm. Code 2120.1440 Repairs and Alterations

Repairs and alterations shall be performed in accordance with Subpart C of this Part.

History

• Source: Added at 37 Ill. Reg. 13424, effective August 1, 2013

41 Ill. Adm. Code 2120.APPENDIX A Operational and Maintenance Log

Section 2120.EXHIBIT A Hot Water Heating Boilers

OFFICE OF THE STATE FIRE MARSHAL

DIVISION OF BOILER & PRESSURE VESSEL SAFETY

1035 STEVENSON DRIVE

SPRINGFIELD, IL 62703-4259

(217)782-2696

FAX: (217)782-1062

Operational and Maintenance Log

Building:

Month:

Year:

Hot Water Heating Boilers

Address:

Fuel Type:

Person(s) to be Notified in Emergency (Name and Telephone No.)

Illinois No.:

CHECKS (Enter Date)

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

(1) Record Pressure

(2) Record Boiler Water Temp.

(3) Record Flue Gas Temp.

CHECKS (Enter Date)

(1) Observe Flame Condition

WEEK 1

WEEK 2

WEEK 3

WEEK 4

(2) Observe Circulating Pumps

CHECKS (Enter Date)

(1) Manual Lift Safety Valve

(A) Flame Detection Devices

(F) Refractory

(B) Limit Controls

(G) Stop Valves

(2) Review Condition of

(C) Operating Controls

(H) Check Valves

or Test Each Item

(D) Floor Drains

(I) Drain Valves

(E) Fuel Piping

(J) Linkages

(3) Observe Gage Glass on Expansion Tank

(4) Combustion Air Adequate/Unobstructed

General Comments:

History

• Source: Added at 23 Ill. Reg. 162, effective January 1, 1999

41 Ill. Adm. Code 2120.APPENDIX A Operational and Maintenance Log

Section 2120.EXHIBIT B Steam Heating Boilers

OFFICE OF THE STATE FIRE MARSHAL

DIVISION OF BOILER & PRESSURE VESSEL SAFETY

1035 STEVENSON DRIVE

SPRINGFIELD, IL 62703-4259

(217)782-2696

FAX: (217)782-1062

Operational and Maintenance Log

Building:

Month:

Year:

Steam Heating Boilers

Address:

Fuel Type:

Person(s) to be Notified in Emergency (Name and Telephone No.)

Illinois No.:

CHECKS (Enter Date)

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

(1) Observe Water Level

(2) Record Pressure.

(3) Record Flue Gas Temp.

CHECKS (Enter Date)

(1) Test Low Water Cutoff

WEEK 1

WEEK 2

WEEK 3

WEEK 4

(2) Test Gage Glass

(3) Observe Flame Condition

CHECKS (Enter Date)

(1) Manual Lift Safety Valve

(A) Linkages

(F) Floor Drains

(B) Damper Controls

(G) Flame Detection Device

(2) Review Condition of

(C) Stop Valves

(H) Limit Controls

or Test Each Item

(D) Refractory

(I) Operating Controls

(E) Flue-Chimney Breeching

(3) Inspect Fuel Piping

(4) Combustion Air Adequate/Unobstructed

General Comments:

History

• Source: Added at 23 Ill. Reg. 162, effective January 1, 1999

Part 2121 Boiler and Pressure Vessel Repairer Regulations

41 Ill. Adm. Code 2121.10 Definitions

The following definitions shall apply to this Part:

"Act" means the Boiler and Pressure Vessel Repairer Regulation Act [225 ILCS 203].

"Board" means the Board of Boiler and Pressure Vessel Rules.

"Boiler and Pressure Vessel Repairer" means an organization performing any welding on boilers and pressure vessels that affects pressure retaining boundaries and includes, but is not limited to, repairs and alterations as defined in 41 Ill. Adm. Code 2120. However, an organization that performs welding to its own equipment and is authorized pursuant to 41 Ill. Adm. Code 2120.1010 is not required to have a license.

"Certificate of Registration" means a license issued under this Part prior to July 1, 2011.

"License" means the license issued to a qualified organization by OSFM pursuant to the Act.

"Managerial Control" means having authority to conduct the affairs of the organization and direct others in the conduct of the affairs or business of the organization.

"Organization" means a business or other entity, including, but not limited to, a sole proprietorship, partnership, corporation or association and includes units of local government and the State of Illinois.

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

History

• Source: Amended at 35 Ill. Reg. 9050, effective July 1, 2011

41 Ill. Adm. Code 2121.20 Officer

a) If the organization is a sole proprietorship, the owner of the organization or any person exercising managerial control shall be considered an officer.

b) If the organization is a partnership, any partner who has at least 10% ownership interest or any partner who exercises managerial control shall be considered an officer.

c) If the organization is a corporation, any officer or director of the corporation or any person who has at least 10% ownership interest in the corporation or who exercises managerial control shall be considered an officer.

History

• Source: Amended at 35 Ill. Reg. 9050, effective July 1, 2011

41 Ill. Adm. Code 2121.30 Application for License

a) All applications for a license as a boiler or pressure vessel repairer, whether located in Illinois or out-of-state, shall be submitted to OSFM, on forms provided by OSFM, and shall include all the information required by this Section.

1. Organizations that desire to practice boiler or pressure vessel repairs in this State, in accordance with Section 40 of the Act, shall file an application with OSFM, on forms provided by OSFM, together with the following:

A) A valid Certificate of Authorization to use the "R" Repair Symbol Stamp issued by the National Board of Boiler and Pressure Vessel Inspectors;

B) The name and address of all officers (as defined in Section 2121.20) of the boiler or pressure vessel repairer. 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;

C) If an assumed name is to be used, a copy of the assumed name certificate; and

D) A Certificate of Insurance in the amount of $300,000 to cover losses, naming OSFM as a person to be notified in the event of cancellation or nonrenewal.

2. Corporations, in addition to the requirements of subsection (a), shall submit the following:

A) The name and registered address of the corporation, and the name and address of the Registered Agent;

B) A copy of the Articles of Incorporation bearing the seal of the officer, in the jurisdiction in which the corporation is organized, whose duty it is to register corporations under the laws of that jurisdiction. If it is a foreign corporation, a copy of the Certificate of Authority to transact business in this State is also required; and

C) If an assumed name is to be used, a copy of the assumed name certificate.

3. Partnerships, in addition to the requirements of subsection (a)(1), shall submit the following:

A) An application containing the name and business address of the partnership and the names and addresses of all general partners; and

B) An affidavit stating that the partnership has been legally formed.

4. Limited partnerships, in addition to the requirements of subsections (a)(1) and (a)(3), shall submit the following:

A) A letter of authority from the Secretary of State's Business Services Department; and

B) A listing of all limited partners.

b) After reviewing the application, OSFM shall notify the applicant of the reason for the denial of the license or, if being granted, invoice the applicant for the appropriate fee as follows:

1. Initial License − $300; or

2. Renewal License − $150 (except as otherwise provided in Section 2121.100(e)(2). A certificate of registration previously issued under this Part shall be deemed a license and the renewal fee shall remain $150, except as provided in Section 2121.100(f).

c) Upon receipt of the appropriate fee, OSFM shall issue a license authorizing the organization to engage in boiler and pressure vessel repairs.

History

• Source: Amended at 35 Ill. Reg. 9050, effective July 1, 2011

41 Ill. Adm. Code 2121.40 Communication by Organization

A boiler or pressure vessel repairer shall use in all communications only the organization name or tradestyle exactly as it appears on the organization's license issued by OSFM (e.g., ABC Boiler Repairer cannot use a name such as ABC Heating and Cooling Company).

History

• Source: Amended at 35 Ill. Reg. 9050, effective July 1, 2011

41 Ill. Adm. Code 2121.50 Changes of Location of Offices

If an organization changes the location of an existing office other than at the time of renewal, the organization shall notify OSFM in writing of the new address at least 30 days prior to the change of location and file the required application and fee of $50.

History

• Source: Amended at 35 Ill. Reg. 9050, effective July 1, 2011

41 Ill. Adm. Code 2121.60 Change of Ownership

When 51% of the assets, stock or equity of a boiler or pressure vessel repairer organization are sold, a new boiler or pressure vessel repairer application shall be filed with OSFM in accordance with Section 2121.30.

History

• Source: Amended at 35 Ill. Reg. 9050, effective July 1, 2011

41 Ill. Adm. Code 2121.70 Termination or Change in License

a) The license shall terminate when the:

1. Organization ceases operation;

2. Organization ceases to operate under the name on the license;

3. Certificate of Insurance has expired or is nonrenewed or cancelled;

4. License is revoked;

5. Period for which the license has expired and no renewal has been issued by OSFM; or

6. The "R" Stamp expired or the organization ceases to possess an "R" Stamp as required by Section 2121.30(a)(1)(A).

b) The organization shall notify OSFM in writing by certified mail within 10 days after the organization ceases to operate or ceases to operate under the name on the license.

c) In the event of a change of the organization name, the registrant must apply for a new license.

d) All notices required by this Section shall be sent to OSFM at its headquarters in Springfield, addressed to the Chief Inspector of Boiler and Pressure Vessel Safety. The address is 1035 Stevenson Drive, Springfield IL 62703-4259.

History

• Source: Amended at 35 Ill. Reg. 9050, effective July 1, 2011

41 Ill. Adm. Code 2121.80 Records and Documents to Be Kept by Boiler or Pressure Vessel Repairer

a) The current license shall be prominently displayed at the location where the organization conducts business.

b) Records shall be maintained as required by 41 Ill. Adm. Code 2120.

History

• Source: Amended at 35 Ill. Reg. 9050, effective July 1, 2011

41 Ill. Adm. Code 2121.90 Availability of Books, Records, Forms and Stationery

All books, records, forms and stationery associated with boiler or pressure vessel repair shall be made available to OSFM agents upon request. Failure or refusal by the organization to make these records available shall be grounds for denial, suspension or revocation of the organization's license under Section 65 of the Act.

History

• Source: Amended at 35 Ill. Reg. 9050, effective July 1, 2011

41 Ill. Adm. Code 2121.100 Renewals

a) Subject to the terms of subsection (e), each license issued under the Act shall be issued for a period of three years. A renewal notice, along with the renewal forms, will be sent to the organization 90 days prior to the expiration date. Upon receipt of the completed renewal forms and the appropriate fee, OSFM will renew the license.

b) It is the responsibility of each licensee to notify OSFM of any change of address, contact information, or information provided in the original application or renewal form.

c) Failure to receive a renewal form from OSFM shall not constitute an excuse for failure to pay the renewal fee or to renew one's license.

d) In addition to the renewal fee, a reinstatement fee of $100 shall be assessed for each organization failing to renew within 60 days after the end of the licensure period. A sole proprietorship may have the renewal and reinstatement fees waived if the person was on active duty in the military, pursuant to Section 50 of the Act.

e) On or after July 1, 2011, any new or renewed license will be issued for a period that coincides with the 3 year authorization period of the "R" Stamp.

f) In the transition from OSFM registration to OSFM licensure, there will be no charge for a renewed license issued for 3 months or less; a $75 fee for a renewed license issued for a period longer than 3 months but less than 18 months; and the normal renewal fee for a renewed license issued for more than 18 months. The Office will invoice this fee.

History

• Source: Amended at 35 Ill. Reg. 9050, effective July 1, 2011

Part 2123 Boiler and Pressure Vessel Rules for Hearings

41 Ill. Adm. Code 2123.5 Applicability

These rules shall apply to all hearings conducted under the jurisdiction of the Board pursuant to the Boiler and Pressure Vessel Safety Act and the Boiler and Pressure Vessel Repairer Regulation Act.

41 Ill. Adm. Code 2123.10 Definitions

"Civil Administrative Code of Illinois" means 20 ILCS 2905.

"Board" means the Board of Boiler and Pressure Vessel Rules.

"Discipline" means suspension, revocation, probation, refusal to issue or renew a Certificate of Registration.

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

"State Fire Marshal" means the Executive Director of the Office or duly appointed Acting Director, or, in his absence from the State or in any event of his incapacity to act, his next immediate subordinate statutory officer within the Office.

"Hearing" means any hearing authorized to be held by the Board pursuant to statute.

"Petitioner" is a party who by written petition or application seeks relief licensure under any provision of the statutes of the State of Illinois governing the Board or any rule, regulation, order or determination of the Office or the Board.

"Registrant" means any holder of a Certificate of Registration issued by the Office, or any applicant therefor.

"Respondent" is a person, firm, association or corporation against whom complaint or petition is filed or to whom an order or complaint is directed by the Office.

41 Ill. Adm. Code 2123.20 Initiation of a Contested Case by the Office

a) A contested case is initiated by the Office when a Complaint and Notice are mailed to the licensee's last known address, postage prepaid.

b) A Complaint shall be in writing, signed by the Chief Inspector, and shall include a clear statement of the acts or omissions alleged to violate a statute or rule, and citation of the statute or rule, and any discipline to be imposed.

c) A Notice shall be in writing, and shall contain the date, time, place and nature of the hearing to be held, shall refer to these rules, and shall comply with the Notice requirements of Section 2123.70 of this Part.

41 Ill. Adm. Code 2123.30 Initiation of a Contested Case by Petitioner

a) A contested case is initiated by a petitioner when a Petition for Hearing is mailed to the Office, Attention: Chief Inspector, Boiler and Pressure Vessel Safety, 1035 Stevenson Drive, Springfield, IL 62703-4259, postage prepaid.

b) In a case where petitioner seeks to contest a decision by the Office to deny his application for licensure, the Petition for Hearing will be in writing, signed by the petitioner, and state with specificity the particular reasons why the applicant believes that the action by the Office to deny licensure was incorrect.

c) In a case where a petitioner is seeking restoration of a Certificate of Registration which was revoked or suspended, the Petition for Hearing shall be in writing, signed by the petitioner, and shall set forth:

1. The identification number of the certificate which was suspended or revoked;

2. The docket number of the case which resulted in discipline;

3. The date on which the suspension or revocation was ordered;

4. Whether the order which suspended or revoked the license was appealed, and if so, whether a stay of the imposition of discipline was granted by any reviewing court; and

5. Date and disposition of any other petitions for restoration filed since the discipline was ordered.

d) Upon receipt by the Chief Inspector of a properly completed Petition for Hearing, a case will be docketed, and Notice sent to the petitioner setting forth the date, time, and place of hearing.

41 Ill. Adm. Code 2123.40 Joinder

In the interest of the efficient disposition of related cases, the Office may join cases relating to multiple respondents or petitioners without regard to whether the cases relate to the same license as long as the cases involve issues of law or fact which are common to the parties. The respondent may contest the decision to join cases by filing a motion pursuant to Section 2123.210(a)(14) of this Part.

41 Ill. Adm. Code 2123.50 Form of Papers

All papers filed or submitted to the Office or Board in a contested case shall be typewritten, on 8½ by 11 inch white paper. The first page of each document shall set forth the names of the parties and the docket number assigned to the case by the Office. Petitions for Hearing which are filed before a docket number is assigned shall contain a space for entry of the assigned number. (See Appendix A.)

41 Ill. Adm. Code 2123.60 Service

a) Service of any document may be by mail or by personal delivery. Proof of service will be attached to the original of any document served. In the absence of evidence to the contrary, the date shown on the proof of service shall be deemed the date of service.

b) Service on the State Fire Marshal or on the Office, or on an Office Attorney or other Office employee, is made by service on the Chief Inspector, or on the State Fire Marshal, at the Springfield headquarters.

c) Service of any document as provided in this Section shall include at least three copies of the documents served.

41 Ill. Adm. Code 2123.70 Notice

a) Notice shall include:

1. A statement of the date, time, place and nature of the hearing;

2. A statement of the legal authority and jurisdiction under which the hearing is to be held; and

3. Except where a more detailed statement is otherwise provided for by law, a short and plain statement of the matters asserted. [5 ILCS 100/10-25]

b) Except as otherwise provided by statute, the registrant will be given at least ten days notice prior to the first date set for the preliminary hearing or hearings, as the case may be. Once such notice is given, it will thereafter be the responsibility of the registrant to become acquainted with subsequent hearing dates.

c) Nothing in this Section will prevent the Office from scheduling a hearing within ten days after the date on which the Office summarily suspends a Certificate of Registration pending proceedings.

d) Any contention that improper notice was given will be deemed waived unless it is raised by the registrant prior to argument on any other motion, or, if no other motions are presented, prior to the commencement of opening statements.

e) Proper notice is given by depositing a Notice with the U.S. Postal Service either by certified or registered mail, or by personal service, to the last known address of the registrant.

41 Ill. Adm. Code 2123.80 Prehearing Negotiations

a) The Board may form Committees of its members to participate in hearings, and along with the hearing officer, submit reports to the full Board.

b) The Office and the respondent may stipulate to facts and may agree to discipline conditioned upon Board acceptance. If the agreement is acceptable to the Committee, it shall signify its consent with signatures of a majority of its members on the written agreement. Such signed agreement shall be considered the Conclusions of Law, Findings of Fact, and Recommendation to the Board. If the Board rejects the agreement, the respondent shall then be entitled to a hearing on the merits. It shall not be a bar to participation in the hearing by a member that has previously considered a proposed agreement under this Section.

c) A respondent may waive his right to have discipline imposed only upon the action and report in writing of the Board.

41 Ill. Adm. Code 2123.90 Representation

a) A party may be represented by an attorney who is licensed in Illinois. Attorneys who appear in a representative capacity must file written notice of appearance setting forth:

1. The name, address and telephone number of the attorney;

2. The name and address of the party represented; and

3. An affirmative statement indicating that the attorney is licensed in Illinois.

b) An attorney may withdraw from employment as a representative only upon written notice, to the Office, stating the specific reasons therefor.

c) Any individual may appear on his or her own behalf.

d) A corporation may be represented by an officer, upon presentation to the Office of a duly executed resolution of the Board of Directors authorizing the action in a representative capacity and setting forth the power which the officer is authorized to exercise.

e) A partnership may be represented by any partner, upon presentation to the Office of written authorization from all the partners authorizing action in a representative capacity.

f) Any failure to behave in a manner which permits the efficient functioning of the Office will authorize the Board or hearing officer to take any of the following actions:

1. Limitation of evidence;

2. Substitution of written argument in place of oral argument;

3. Exclusion of an attorney from the proceeding;

4. Suspension or revocation of the person, including an attorney's right to appear before the Board or hearing officer.

g) If any of the above actions are taken by the Board or hearing officer, it shall be done as a matter of record, and the Board or hearing officer shall state for the record the specific reasons therefor.

41 Ill. Adm. Code 2123.100 Failure to Appear

Failure to appear at the time and place set for hearing shall be deemed a waiver of the right to present evidence. After presentation by the Office of an offer of proof that the registrant was given proper notice, the Board shall make its recommendation. Where a petitioner fails to appear, the Petition for Hearing shall be dismissed.

41 Ill. Adm. Code 2123.110 Amendment, Withdrawal of Complaints and Petitions for Hearing

a) The Complaint may be amended at any time. An Amended Complaint may be filed in the same manner as a Complaint, or it may be presented to the Committee or hearing officer during the course of the hearing. A continuance shall be granted whenever the amendment materially alters the Complaint and where the registrant demonstrates that he would otherwise be unable to properly prepare an Answer to the Amended Complaint or prepare his case.

b) A Complaint or Petition for Hearing may be withdrawn at any time prior to the hearing by the party who initiated it. After a hearing has begun, a Complaint may be withdrawn only upon written notice to the Board.

41 Ill. Adm. Code 2123.120 Requirement of an Answer

a) In all contested cases initiated by the Office, the registrant shall file an Answer within ten days after the date on which the Complaint was served. The Answer shall be in writing, signed by the registrant or his representative, and shall contain a specific response to each allegation in the Complaint. The response shall either admit or deny the allegation, or shall state that the registrant has insufficient information to admit or deny the allegation.

b) Any Answer which states that the registrant has insufficient information to admit or deny the allegation shall be accompanied by an affidavit attesting to the truth of this assertion.

c) On motion by the Office, the hearing officer will cause to be issued a Notice to Plead. The Respondent will be held in default, if within 15 days after issuance of such Notice, the Respondent does not answer or otherwise file a responsive Pleading.

41 Ill. Adm. Code 2123.130 Discovery

a) Discovery shall not be the subject of motions presented to the Board or hearing officer, except when a motion is made alleging failure to comply with this Section, and requesting relief in the form of dismissal of the case or recommendation to the Board based on the pleadings without a hearing.

b) Upon written request served on the opposing party, any party shall be entitled to:

1. The name and address of any witness who may be called to testify;

2. Copies of any document which may be offered as evidence; and

3. A description of any other evidence which may be offered.

c) The above information will be provided within ten days after service of a request.

d) Whether or not a request is made, during discovery a registrant shall be entitled to:

1. Any exculpatory evidence in the Office's possession. Exculpatory evidence is any evidence which tends to support the registrant's position or to call into question the credibility of an Office witness; and

2. Copies of any investigative report which purports to be a memorandum of interview of the registrant.

e) The registrant shall be entitled to the above whether or not the investigator is called to testify and whether or not the investigator uses reports to refresh recollection prior to or during testimony.

f) Upon a written request served on the registrant, at any time after a Complaint is filed, or at any stage of the hearing, the registrant will be required to produce documents, books, records or other evidence which relates directly to conduct alleged in the Complaint.

g) The investigative file of the Office is not subject to discovery except as stated in subsection (d) above relating to exculpatory evidence and memoranda of interviews of a registrant. However, after the direct examination of an Office witness, but prior to the cross-examination of that witness, the registrant shall be entitled to all investigative reports relating to that witness. Investigative reports relating to the witness shall be those which purport to be memoranda of interviews of the witness or which contain information about the witness.

h) Nothing in this Section shall prevent the parties in a contested case from agreeing to a mutual exchange of information which is more extensive than what is provided for herein. Where the parties agree to the use of an evidence deposition, such agreement will be in writing, and will operate as a waiver of any objection not made during the deposition, except for an objection that the testimony of the witness is not relevant to the case.

i) This provision will be construed to impose a continuing obligation upon the parties to exchange new information as it becomes available.

41 Ill. Adm. Code 2123.140 Subpoenas

a) The State Fire Marshal or his delegate will issue subpoenas for the attendance of witnesses or production of books, records, documents or other evidence.

b) Any registrant or petitioner seeking issuance of a subpoena will apply in writing to the Office, Attention: Chief Inspector, setting forth facts which purport to demonstrate that the subpoena is required. Upon refusal by the State Fire Marshal to issue any subpoena, the registrant will be entitled to a hearing before the State Fire Marshal, to be conducted as a matter of record.

c) Service of subpoenas and payment of witness fees and expenses shall be as provided in the Civil Administrative Code of Illinois.

41 Ill. Adm. Code 2123.150 Prehearing Conference

a) After a case is initiated, upon the written motion of either party, or on its own motion, the Board or the hearing officer may direct the parties to attend a prehearing conference.

b) Unless waived by the parties, the conference will be conducted as a matter of record. Participation by any Board member, committee, or a hearing officer will not affect the right to participate in a subsequent hearing on the matter.

c) The purposes of the conference include:

1. Simplification of issues;

2. Limitation of issues;

3. Negotiating admissions or stipulations;

4. Limitation of witnesses or evidence;

5. Exchange of exhibits; or

6. Discussion of any other matter which may aid in efficient disposition of the case.

41 Ill. Adm. Code 2123.160 Hearings

The sequence to be followed for all contested cases is as follows:

a) Preliminary Hearing. The purpose is to set a date on which all parties expect to be prepared and to rule on any preliminary motions which are presented. This may be eliminated by agreement of the parties, by the Board, or by the hearing officer.

b) Prehearing Conference – Optional. The purposes are set out in Section 2123.150.

c) Hearings

1. Preliminary Matters – Motion, attempts to narrow issues or limit evidence.

2. Opening Statements – The party bearing the burden of proof proceeds first.

3. Case in Chief − Evidence and witnesses are presented by the party bearing the burden of proof. As witnesses' testimony is completed, they are subject to cross-examination.

4. Defense – Evidence and witnesses may be presented by the opposing parties.

5. Closing Statements – The party bearing the burden of proof proceeds first, then the opposing party, then a final word by the party bearing the burden of proof.

6. Board Report − Described in Section 2123.240.

41 Ill. Adm. Code 2123.170 Hearing Officers

a) The Board shall conduct the hearing or may appoint any attorney licensed to practice law in Illinois to serve as a hearing officer.

b) The hearing officer may be empowered to conduct the hearing, question witnesses, make rulings on motions and objections, and/or submit suggested Findings of Fact and Conclusions of Law to the Board at the conclusion of the case. The hearing officer may also afford the Board such legal counsel as it may require during the course of the hearing and until a final order is signed. It shall not be a bar to employment as hearing officer that the attorney is also an employee of the Office.

41 Ill. Adm. Code 2123.180 Examination by the Board

a) Any member of any Board Committee, or any hearing officer, may examine any witness.

b) Either party may object to specific questions asked by the Board Committee or hearing officer, but it shall not be objectionable that a question violates a technical rule of evidence. For purposes of these rules, the rule against hearsay is a substantive, rather than technical, rule of evidence.

41 Ill. Adm. Code 2123.190 Burden of Proof

a) The burden of proof rests with the Office in all cases initiated by the Office by the filing of a Complaint. A recommendation for discipline may be made by the Board or hearing officer only where the Office establishes by clear and convincing evidence that the allegations of the Complaint are true.

b) The burden of proof in all cases initiated by the filing of a Petition for Hearing rests with the petitioner. The petitioner must prove by a preponderance of the evidence that the license should be granted or restored, as the case may be.

41 Ill. Adm. Code 2123.200 Documents

a) Business records shall be admissible. A business record is:

1. Relevant;

2. A memorandum, report, record or data compilation;

3. Made by a person with first-hand knowledge of the facts;

4. Made at or near the time of the facts;

5. Made as part of the regular practice of the activity; and

6. Kept in the course of regularly conducted activity.

b) Any party may prove elements (a)(3) through (a)(6) above by presentation of a sworn statement by an individual responsible for making or keeping such records. Business records include, but are not limited to, medical reports and police reports.

c) Any party seeking introduction of a document will be allowed to offer a copy of the original without any showing that the original is unavailable, upon representation of the party or attorney that the copy is a fair and accurate copy of the original.

41 Ill. Adm. Code 2123.210 Motions

a) Motions will be made in writing, unless otherwise allowed by the Board, hearing officer or Office, during the course of a hearing. Written motions are limited to the following:

1. To request dismissal of a Complaint, for failure to state facts which, if true, would form a sufficient basis for discipline.

2. To request sanctions in accordance with Section 2123.90 of this Part dealing with Representation.

3. To request sanctions in accordance with Section 2123.130 of this Part dealing with Discovery.

4. To request dismissal of a Petition for Hearing for failure to comply with the Section 2123.30 of this Part dealing with Initiation of a Contested Case by a Petitioner.

5. To request dismissal of a Complaint where the Office's case has been concluded without sufficient evidence having been presented to form a basis for discipline.

6. To request a continuance, or extension of time, to comply with any provision of this Part.

7. To request an order granting a rehearing or additional hearings.

8. To request an order that a Board or hearing officer reconsider its Findings of Fact, Conclusions of Law or Recommendation or to request a new hearing or additional hearings.

9. To request that a Board or hearing officer deem a failure to file an Answer to be an admission of the truth of the allegations contained in the Complaint.

10. To request employment of a hearing officer.

11. To request that a member of the Board be excluded from the hearing or deliberations for prejudice.

12. To request that an Order be vacated or modified.

13. To request a prehearing conference.

14. To request separation of cases joined by the Office.

b) When any motion is filed, the Board or hearing officer may allow oral argument if this is deemed necessary to a fuller understanding of the issues presented. Where facts are alleged as a basis for the request, which are not a part of the record in the case, an affidavit will be attached to the motion setting forth such facts.

41 Ill. Adm. Code 2123.220 Evidence

a) Except as otherwise provided herein, the rules of evidence applicable to all contested cases will be the rules of evidence which are applicable in civil cases in the State of Illinois.

b) Hearsay is not admissible. In addition to any other exceptions to the hearsay rule which exists in Illinois, a statement may be admitted if it has circumstantial guarantees of trustworthiness, and if the probative value of the statement outweighs any prejudice resulting from an inability to cross-examine the declarant.

c) Statements which are not hearsay:

1. Prior statement by witness. The declarant testifies at the hearing and is subject to cross-examination concerning the statement, and the statement is:

A) inconsistent with the declarant's testimony, and was given under oath subject to the penalty of perjury at a hearing or other proceeding, or in a deposition; or

B) consistent with the declarant's testimony and is offered to rebut an express or implied charge against the declarant of recent fabrication or improper influence or motive; or

C) one of identification of a person made after perceiving the declarant; or

2. Admission by party-opponent. The statement is offered against a party and is:

A) declarant's own statement in either the declarant's individual or a representative capacity; or

B) a statement of which the declarant has manifested the declarant's adoption or belief in its truth; or

C) a statement by a person authorized by the declarant to make a statement concerning the subject; or

D) a statement by the declarant's agent or servant concerning a matter within the scope of the declarant's agency or employment, made during the existence of the relationship; or

E) a statement by a coconspirator of a party during the course and in furtherance of the conspiracy.

41 Ill. Adm. Code 2123.230 Adverse Witness

a) Any party or witness may be called as an adverse witness. In such a case, examination of the witness will be allowed as if under cross-examination.

b) Upon a showing that a witness was called in good faith, and that the party calling the adverse witness is surprised by the testimony, examination of the witness may proceed as if under cross-examination, and the testimony of the witness may be impeached by prior statements or otherwise.

41 Ill. Adm. Code 2123.240 Board Reports

a) In every contested case, the Board will file a written report which contains its Findings of Fact and Conclusions of Law with respect to the allegations contained in the Complaint or Petition and its decision.

b) In a case initiated by the Office, the decision may be:

1. That a certificate not be issued;

2. That a certificate not be renewed;

3. That a certificate be issued;

4. That a certificate be renewed;

5. That a certificate be issued or renewed subject to discipline or special conditions;

6. That a certificate be suspended or revoked; or

7. That a certificate remain in good standing.

c) Where the recommendation is for discipline, the Board will include its specific action as to type and duration.

d) The Board may request that any hearing officer, any attorney for the Office or Board, or any attorney representing the Petitioner or Respondent assist in preparing a draft Board Report for its consideration.

e) Any member of the Board may join the Board in its decision, abstain, or may file a separate dissenting or concurring report.

f) Where a rehearing, or additional hearings are requested, the request shall be in the form of a motion and shall state with specificity the reasons for the request. If it is alleged that new evidence is available which was not available at the time of the hearing, the affidavit shall describe the new evidence and reasons why it was not available for use at the hearing.

g) Where a Board or hearing officer grants any motion which would dispose of the case, it shall first afford the parties an opportunity to cure the defects in pleading or proof.

41 Ill. Adm. Code 2123.250 Severability

If any Section, subsection, sentence or clause of this Part shall be held by a court of competent jurisdiction to be invalid, such holding shall not affect the remaining portions thereof.

41 Ill. Adm. Code 2123.APPENDIX A Caption for a Case Filed by the Office

STATE OF ILLINOIS

OFFICE OF THE STATE FIRE MARSHAL

OFFICE OF THE STATE FIRE MARSHAL )

of the State of Illinois, Complainant )

v. ) No.

(Name of Respondent)

(License Number) Respondent )

C O M P L A I N T

41 Ill. Adm. Code 2123.APPENDIX B Caption for a Petition for Restoration

STATE OF ILLINOIS

OFFICE OF THE STATE FIRE MARSHAL

In RE the Petition for Restoration of )

) No.

(Name of Petitioner)

(License Number) Petitioner )

PETITION FOR

HEARING

41 Ill. Adm. Code 2123.APPENDIX C Caption for an Application for Licensure

STATE OF ILLINOIS

OFFICE OF THE STATE FIRE MARSHAL

IN RE THE APPLICATION FOR LICENSURE OF

) No.

(Name of Applicant) Applicant )

PETITION FOR

HEARING

41 Ill. Adm. Code 2123.APPENDIX D Caption for Other Relief (e.g., State Special, Denial of Certificate of Inspection

STATE OF ILLINOIS

OFFICE OF THE STATE FIRE MARSHAL

Name of Petitioner )

vs. ) No. _______

OSFM, Respondent )

Petition for _____________________