Section 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.

 

(Source:  Amended at 35 Ill. Reg. 9050, effective July 1, 2011)

 

Section 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.

 

(Source:  Amended at 35 Ill. Reg. 9050, effective July 1, 2011)

 

Section 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.

 

(Source:  Amended at 35 Ill. Reg. 9050, effective July 1, 2011)

 

Section 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).

 

(Source:  Amended at 35 Ill. Reg. 9050, effective July 1, 2011)

 

Section 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.

 

(Source:  Amended at 35 Ill. Reg. 9050, effective July 1, 2011)

 

Section 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.

 

(Source:  Amended at 35 Ill. Reg. 9050, effective July 1, 2011)

 

Section 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.

 

(Source:  Amended at 35 Ill. Reg. 9050, effective July 1, 2011)

 

Section 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.

 

(Source:  Amended at 35 Ill. Reg. 9050, effective July 1, 2011)

 

Section 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.

 

(Source:  Amended at 35 Ill. Reg. 9050, effective July 1, 2011)

 

Section 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.

 

(Source:  Amended at 35 Ill. Reg. 9050, effective July 1, 2011)