Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Fire and Smoke Damper Inspection Act.

Section 5. Definitions. In this Act:

“Fire damper” means a device installed in ducts and air transfer openings designed to close automatically upon detection of heat and resist the passage of flame and classified for use in either static systems that will automatically shut down in the event of a fire or in dynamic systems that continue to operate during a fire. A fire damper is classified for use in dynamic systems if the fire damper is tested and rated for closure under elevated temperature airflow.

“Smoke damper” means a device installed in ducts and air transfer openings designed to resist the passage of smoke and installed to operate automatically, controlled by a smoke detection system, and, where required, capable of being positioned from a fire command center.

Section 10. Inspections; requirements.

(a) Inspections and testing of HVAC fire dampers and smoke

dampers shall be conducted by individuals certified by the International Certification Board and Accredited to comply with ISO/IEC 17024 (the conformity assessment regarding general requirements for bodies operating certification of persons) by: (1) the American National Standards Institute (ANSI) in HVAC fire life safety; or (2) another nationally recognized certifying body accredited to ISO/IEC 17024 in HVAC fire life safety.

(b) Fire damper and smoke damper inspections and testing shall comply with each of the following:

(1) Inspections shall be conducted by inspectors certified by the International Certification Board and accredited by:

(A) the American National Standards Institute; or

(B) another nationally recognized certifying body to ISO/IEC 17024 in HVAC fire life safety.

(2) Inspectors under this Section shall certify that all fire and smoke dampers inspected meet the standards established in the applicable code or codes adopted by any authority having jurisdiction.

(c) The provisions of this Act do not apply to facilities licensed by the federal Nuclear Regulatory Commission under the provisions of 10 CFR 50 or 10 CFR 52 or to employees of those facilities while engaged in the performance of their official duties.