State of Illinois
92nd General Assembly

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 1        AN  ACT  creating the Fire Sprinkler Contractor Licensing
 2    Act.

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

 5        Section  1.  Short  title.  This  Act may be cited as the
 6    Fire Sprinkler Contractor Licensing Act.

 7        Section  5.  Legislative  intent.  It  is  declared  that
 8    within the State of Illinois there are, and may  continue  to
 9    be,  locations  where  the improper installation or repair of
10    fire sprinkler systems creates conditions that may  adversely
11    affect the public health and general welfare.  Therefore, the
12    purpose  of this Act is to protect, promote, and preserve the
13    public health  and  general  welfare  by  providing  for  the
14    establishment  of  minimum  standards  for  licensure of fire
15    sprinkler installation contractors.

16        Section 10.  Definitions. As used in this Act, unless the
17    context otherwise requires:
18        "Designated certified person" means an individual who has
19    met the qualifications set forth under  Section  20  of  this
20    Act.
21        "Fire  sprinkler  contractor"  means  a  person who holds
22    himself or herself out to be in the business of or  contracts
23    with a person to install or repair a fire sprinkler system.
24        "Fire  sprinkler  system" means any water-based automatic
25    fire  extinguishing   system   employing   fire   sprinklers,
26    including  accessory  fire  pumps and associated piping, fire
27    standpipes, or underground fire main systems starting at  the
28    point  of  service  as  defined herein and ending at the most
29    remote fire sprinkler. "Fire sprinkler system"  includes  but
30    is  not  limited to a fire sprinkler system in a residential,
                            -2-                LRB9214855ACcd
 1    commercial, institutional, educational,  public,  or  private
 2    occupancy.  "Fire  sprinkler  system" does not include single
 3    sprinkler heads that are in  a  loop  of  the  potable  water
 4    system,  as  referenced  in  77  Ill.  Adm. Code 890.1130 and
 5    890.1200.
 6        "Licensee"  means  a  person  or  business   organization
 7    licensed in accordance with this Act.
 8        "NICET" means the National Institute for Certification in
 9    Engineering Technologies.
10        "Person"  means  an  individual,  group  of  individuals,
11    association,  trust,  partnership,  corporation, person doing
12    business under an assumed name, the  State  of  Illinois,  or
13    department   thereof,  any  other  state-owned  and  operated
14    institution, or any other entity.
15        "Point of service" means the point of connection  to  the
16    water service after the approved backflow device is installed
17    under the requirements of the Illinois Plumbing Code.
18        "Supervision"  means  the  direction  and management by a
19    designated   certified   person   of   the   activities    of
20    non-certified personnel in the installation or repair of fire
21    sprinkler systems.

22        Section  12.  License;  enforcement;  failure to pay tax.
23    No person shall  act  as  a  fire  sprinkler  contractor,  or
24    advertise or assume to act as such, or use any title implying
25    that  such  person  is engaged in such practice or occupation
26    unless licensed by the State Fire Marshal.
27        No firm, association, or  corporation  shall  act  as  an
28    agency licensed under this Act, or advertise or assume to act
29    as   such,   or   use  any  title  implying  that  the  firm,
30    association, or corporation  is  engaged  in  such  practice,
31    unless licensed by the State Fire Marshal.
32        The  State  Fire  Marshal,  in the name of the People and
33    through the Attorney General, the  State's  Attorney  of  any
34    county, any resident of the State, or any legal entity within
                            -3-                LRB9214855ACcd
 1    the  State  may  apply  for injunctive relief in any court to
 2    enjoin any person who has not been issued a license or  whose
 3    license  has  been  suspended,  revoked,  or not renewed from
 4    practicing a licensed activity, and  upon  the  filing  of  a
 5    verified  petition,  the  court, if satisfied by affidavit or
 6    otherwise, that such person is  or  has  been  practicing  in
 7    violation of this Act may enter a temporary restraining order
 8    or   preliminary  injunction,  without  bond,  enjoining  the
 9    defendant from such further activity.  A copy of the verified
10    complaint  shall  be  served  upon  the  defendant  and   the
11    proceedings  shall  thereafter be conducted as in other civil
12    cases.  If it is established that the defendant has  been  or
13    is practicing in violation of this Act, the court may enter a
14    judgment   perpetually  enjoining  the  defendant  from  such
15    further activity.  In case of  violation  of  any  injunctive
16    order  or  judgment  entered  under  the  provisions  of this
17    Section, the court may summarily try and punish the  offender
18    for  contempt  of court.  Such injunctive proceeding shall be
19    in addition to all penalties and other remedies in this Act.
20        The State Fire Marshal may refuse to issue a license  to,
21    or may suspend the license of, any person who fails to file a
22    return, to pay the tax, penalty, or interest shown in a filed
23    return,  or  to  pay any final assessment of tax, penalty, or
24    interest, as required by any  tax  Act  administered  by  the
25    Illinois  Department  of  Revenue,  until  such  time  as the
26    requirements of any such tax Act are satisfied.

27        Section 15. Licensing requirements.
28        (a)  It shall be unlawful for any person or  business  to
29    engage  in,  advertise,  or  hold  itself  out  to  be in the
30    business of installing or repairing fire sprinkler systems in
31    this State after 6 months after the effective  date  of  this
32    Act,  unless such person or business is licensed by the State
33    Fire Marshal. This license must be renewed every year.
                            -4-                LRB9214855ACcd
 1        (b)  In order to obtain a license, a person  or  business
 2    must  submit  an  application to the State Fire Marshal, on a
 3    form provided  by  the  State  Fire  Marshal  containing  the
 4    information prescribed, along with the application fee.
 5        (c)  A  business  applying  for  a  license  must  have a
 6    designated certified person employed at the business location
 7    and the designated certified person shall  be  identified  on
 8    the license application.
 9        (d)  A  person  or  business  applying for a license must
10    show proof of having liability and property damage  insurance
11    in  such  amounts  and  under  such  circumstances  as may be
12    determined  by  the  State  Fire  Marshal.    The  amount  of
13    liability and property damage insurance, however,  shall  not
14    be less than the amount specified in Section 35 of this Act.
15        (e)  A  person  or  business  applying for a license must
16    show proof of having workers' compensation insurance covering
17    its employees or be approved as a  self-insurer  of  workers'
18    compensation in accordance with the laws of this State.
19        (f)  A  person  or  business  so  licensed  shall  have a
20    separate license for each business location within the  State
21    or   outside   the   State  when  the  business  location  is
22    responsible for any installation or repair of fire  sprinkler
23    systems performed within the State.
24        (g)  When an individual proposes to do business in her or
25    his  own  name, a license, when granted, shall be issued only
26    to that individual.
27        (h)  If the applicant requesting licensure to  engage  in
28    contracting   is   a   business   organization,   such  as  a
29    partnership, corporation,  business  trust,  or  other  legal
30    entity,   the   application  shall  state  the  name  of  the
31    partnership and its partners, the name of the corporation and
32    its officers and directors, the name of  the  business  trust
33    and  its trustees, or the name of such other legal entity and
34    its  members  and  shall  furnish   evidence   of   statutory
                            -5-                LRB9214855ACcd
 1    compliance  if  a  fictitious  name is used. Such application
 2    shall also show that the business entity employs a designated
 3    certified person as required under Section 20.  The  license,
 4    when  issued  upon  application  of  a business organization,
 5    shall be in the name of the  business  organization  and  the
 6    name  of  the qualifying designated certified person shall be
 7    noted thereon.
 8        (i)  A separate license shall be issued to  a  person  or
 9    business   that  is  engaged  in  the  installation  of  fire
10    sprinkler systems only in single family  or  multiple  family
11    residential dwellings up to and including 8 family units that
12    do  not  exceed 2 1/2 stories in height from the lowest grade
13    level.  Any person or  business  that  obtains  this  license
14    shall  not  be  required  to  meet  the  requirements  of the
15    designated certified person pursuant to Section  20  of  this
16    Act.

17        Section 20.  Designated certified person requirements.
18        (a)  A  designated  certified  person  must  either  be a
19    current Illinois licensed professional  engineer  or  hold  a
20    valid   NICET  level  3  or  higher  certification  in  "fire
21    protection technology, automatic sprinkler system layout".
22        (b)  At least one member of every firm,  association,  or
23    partnership  and  at  least  one  corporate  officer of every
24    corporation engaged in the installation and  repair  of  fire
25    sprinkler systems must be a designated certified person.
26        (c)  A  designated  certified  person must be employed by
27    the licensee at a business location with a valid license.
28        (d)  A designated certified person must  perform  his  or
29    her  normal  duties  at  a  business  location  with  a valid
30    license.
31        (e)  A  designated  certified  person  may  only  be  the
32    designated certified person for one business location and one
33    business entity.
                            -6-                LRB9214855ACcd
 1        (f)  A  designated  certified  person  must  be  directly
 2    involved in supervision.   The  designated  certified  person
 3    does not, however, have to be at the site of the installation
 4    or repair of the fire sprinkler system at all times.

 5        Section  25.  Change  of  a  designated certified person.
 6    When a licensee is without a designated certified person, the
 7    licensee shall notify  the  State  Fire  Marshal  in  writing
 8    within 30 days and shall employ a designated certified person
 9    no  later  than  180  days  from  the  time  the  position of
10    designated certified person becomes vacant. Failing  to  fill
11    the  vacant position shall cause the license of the person or
12    of  the  business  organization  to  expire  without  further
13    operation of law.

14        Section 30. Requirements for the installation and  repair
15    of fire protection systems.
16        (a)  Equipment shall be listed by a nationally recognized
17    testing  laboratory,  such as Underwriters Laboratories, Inc.
18    or Factory Mutual Laboratories, Inc., or  shall  comply  with
19    nationally  accepted  standards. The State Fire Marshal shall
20    adopt by rule procedures for determining whether a laboratory
21    is   nationally   recognized,   taking   into   account   the
22    laboratory's  facilities,  procedures,  use   of   nationally
23    recognized  standards,  and  any  other  criteria  reasonably
24    calculated to reach an informed determination.
25        (b)  Equipment  shall be installed in accordance with the
26    applicable  standards  of  the   National   Fire   Protection
27    Association and the manufacturer's specifications.
28        (c)  The contractor shall furnish the user with operating
29    instructions  for  all  equipment  installed, together with a
30    diagram of the final installation.
31        (d)  All fire sprinkler systems  shall  have  a  backflow
32    prevention  device installed by a licensed plumber before the
                            -7-                LRB9214855ACcd
 1    point of service.   Connection  to  the  backflow  prevention
 2    device  shall  be  done  in  a  manner  consistent  with  the
 3    Department of Public Health's Plumbing Code.
 4        (e)  This  licensing  Act  is not intended to require any
 5    additional fire inspections at State level.

 6        Section 35. Fees and required insurance.
 7        (a)  The fees for an original license  and  each  renewal
 8    and  for  duplicate copies of licenses shall be determined by
 9    the State Fire Marshal by rule.
10        (b)  Any person who fails to file a  renewal  application
11    by  the  date  of expiration of a license shall be assessed a
12    late filing charge, which shall be determined  by  the  State
13    Fire Marshal by rule.
14        (c)  All  fees shall be paid by check or money order. Any
15    fee required by this Act is not refundable in the event  that
16    the  original  application  or  application  for  renewal  is
17    denied.
18        (d)  Every  application  for an original license shall be
19    accompanied by  a  certificate  of  insurance  issued  by  an
20    insurance  company  authorized to do business in the State of
21    Illinois or by a risk retention or  purchasing  group  formed
22    pursuant to the federal Liability Risk Retention Act of 1986,
23    which   provides   primary,  first  dollar  public  liability
24    coverage of the applicant or licensee for  personal  injuries
25    for  not  less  than  $500,000  per  person or $1,000,000 per
26    occurrence, and, in addition, for not  less  than  $1,000,000
27    per  occurrence  for  property  damage.  The insurance policy
28    shall be in effect at all times during the license year and a
29    new certificate of insurance shall be filed  with  the  State
30    Fire  Marshal  within  30  days  after  the  renewal  of  the
31    insurance policy.

32        Section  40.   Deposit  of fines and fees; appropriation.
                            -8-                LRB9214855ACcd
 1    All administrative civil fines and fees collected pursuant to
 2    the Act shall be deposited into the Fire Prevention  Fund,  a
 3    special  fund  in  the  State  treasury. The General Assembly
 4    shall  appropriate   the   amount   annually   collected   as
 5    administrative civil fines and fees to the State Fire Marshal
 6    for the purposes of administering this Act.

 7        Section  45.  Home  rule.   A  home  rule  unit  may  not
 8    regulate  the  installation  and  repair  of  fire  sprinkler
 9    systems  in  a manner less restrictive than the regulation by
10    the State on the installation and repair  of  fire  sprinkler
11    systems  under  this Act.  This Section is a limitation under
12    subsection (i) of Section 6 of Article VII  of  the  Illinois
13    Constitution on the concurrent exercise by home rule units of
14    powers and functions exercised by the State.

15        Section  50. Powers and duties of the State Fire Marshal.
16    The State Fire Marshal has all of the  following  powers  and
17    duties:
18        (a)  To   prescribe   and   furnish   application  forms,
19    licenses, and any other forms necessary under this Act.
20        (b)  To suspend, revoke, or  refuse  to  issue  or  renew
21    licenses for cause.
22        (c)  To   conduct  hearings  concerning  the  suspension,
23    revocation, or refusal to issue or renew licenses.
24        (d)  To levy and collect fines pursuant to this Act.
25        (e)  To promulgate rules and  regulations  necessary  for
26    the administration of this Act.

27        Section  55.  Rules;  public  hearing.   Subject  to  the
28    requirement  for public hearings as provided in this Section,
29    the State Fire Marshal shall promulgate, publish, and  adopt,
30    and  may,  from  time  to  time,  amend  such rules as may be
31    necessary for the proper enforcement of this Act, to  protect
                            -9-                LRB9214855ACcd
 1    the  health and safety of the public.  The State Fire Marshal
 2    shall  hold  a  public  hearing  prior  to  the  adoption  or
 3    amendment of rules required under this Act.  The  State  Fire
 4    Marshal  may,  when  necessary,  utilize  the services of any
 5    other State agency to assist in carrying out the purposes  of
 6    this Act.

 7        Section   60.    Grounds  for  disciplinary  action.  The
 8    following constitute grounds for disciplinary action  by  the
 9    State Fire Marshal:
10        (1)  Violation  of  any  provision  of this Act or of any
11    rule adopted pursuant thereto.
12        (2)  Violation of the applicable building codes  or  laws
13    of this State or any municipality or county thereof.
14        (3)  Diversion   of   funds   or  property  received  for
15    prosecution or completion of a specified construction project
16    or  operation  when,  as  a  result  of  the  diversion,  the
17    contractor is, or will be, unable to fulfill the terms of her
18    or his obligation or contract.
19        (4)  Disciplinary action by any municipality  or  county,
20    which  action  shall  be  reviewed  by the State Fire Marshal
21    before taking any disciplinary action.
22        (5)  Failure to supervise the installation  of  the  fire
23    protection  system  covered by the installation permit signed
24    by the contractor.
25        (6)  Rendering  a  fire  protection   system,   standpipe
26    system,  or  underground  water supply main connecting to the
27    system inoperative except when the  fire  protection  system,
28    standpipe  system,  or underground water supply main is being
29    inspected, serviced, tested, or repaired or pursuant to court
30    order.
31        (7)  Improperly   servicing,   repairing,   testing,   or
32    inspecting a fire protection  system,  standpipe  system,  or
33    underground water supply main connecting to the system.
                            -10-               LRB9214855ACcd
 1        (8)  Failing  to  provide proof of insurance to the State
 2    Fire Marshal or failing to maintain in  force  the  insurance
 3    coverage required by this Act.
 4        (9)  Failing  to  obtain, retain, or maintain one or more
 5    of the qualifications for a designated  certified  person  as
 6    specified in this Act.
 7        (10)  Making a material misstatement or misrepresentation
 8    or  committing a fraud in obtaining or attempting to obtain a
 9    license.
10        (11)  Failing  to  notify  the  State  Fire  Marshal,  in
11    writing, within 30 days after a change of residence  address,
12    principal business address, or name.
13        (12)  Failure  to  supply  within a reasonable time, upon
14    request  from  the  State  Fire  Marshal  or  its  authorized
15    representative, true  information  regarding  material  used,
16    work   performed,  or  other  information  essential  to  the
17    administration of this Act.
18        (13)  Aiding or abetting a person to violate a  provision
19    of  this  Act,  conspiring  with  any  person  to  violate  a
20    provision  of  this  Act, or allowing a license to be used by
21    another person.

22        Section 65.  Notice; suspension, revocation,  or  refusal
23    to renew a license.
24        (a)  Whenever  the  State  Fire  Marshal  determines that
25    there are reasonable grounds to believe that a  licensee  has
26    violated  a  provision of this Act or the rules adopted under
27    this Act, the State Fire Marshal shall  give  notice  of  the
28    alleged  violation to the person whom the license was issued.
29    The  notice  shall  (i)  be  in  writing;   (ii)  include   a
30    statement   of   the  alleged  violation  which  necessitates
31    issuance of the notice; (iii)  contain an outline of remedial
32    action that,  if  taken,  will  effect  compliance  with  the
33    provisions  of this Act and the rules adopted under this Act;
                            -11-               LRB9214855ACcd
 1    (iv) prescribe a reasonable time, as determined by the  State
 2    Fire  Marshal,  for the performance of any action required by
 3    the notice; and  (iv)  be  served  upon  the  licensee.   The
 4    notice  shall be deemed to have been properly served upon the
 5    person when a copy of the notice has been sent by  registered
 6    or  certified  mail  to  his  or  her  last  known address as
 7    furnished to the State Fire Marshal or when  he  or  she  has
 8    been served the notice by any other method authorized by law.
 9        (b)  If  the person to whom the notice is served does not
10    comply  with  the  terms  of  the  notice  within  the   time
11    limitations  specified  in the notice, the State Fire Marshal
12    may proceed with action to  suspend,  revoke,  or  refuse  to
13    issue a license as provided in this Section.
14        (c)  Other requirements of this Act notwithstanding, when
15    the  State  Fire  Marshal  determines that reasonable grounds
16    exist to indicate that a  violation  of  this  Act  has  been
17    committed  and  the violation is the third separate violation
18    by that person in an 18-month period, the notice  requirement
19    of  subsection  (a)  of  this Section is waived and the State
20    Fire Marshal may proceed immediately with action to  suspend,
21    revoke, or refuse to issue a license.
22        (d)  In  any  proceeding to suspend, revoke, or refuse to
23    issue a license, the State Fire Marshal shall first serve  or
24    cause  to be served upon the licensee a written notice of the
25    State Fire Marshal's intent to take action. The notice  shall
26    specify the way in which the person has failed to comply with
27    this  Act  or  any other rules or standards of the State Fire
28    Marshal.
29        (e)  In the case of revocation or suspension, the  notice
30    shall  require the person to remove or abate the violation or
31    objectionable condition specified  in  the  notice  within  5
32    days.  The  State Fire Marshal may specify a longer period of
33    time as it deems necessary.  If the person  fails  to  comply
34    with the terms and conditions of the revocation or suspension
                            -12-               LRB9214855ACcd
 1    notice  within  the time specified by the State Fire Marshal,
 2    the State Fire Marshal may revoke or suspend the license.
 3        (f)  In the case of refusal to issue a  license,  if  the
 4    person  fails  to  comply  with the Act or rules or standards
 5    promulgated under the Act, the State Fire Marshal may  refuse
 6    to issue a license.

 7        Section   70.  Administrative  hearing.  The  State  Fire
 8    Marshal shall give written notice by certified or  registered
 9    mail  to an applicant or licensee of the State Fire Marshal's
10    intent to suspend, revoke, or refuse to issue a license or to
11    assess a fine. Such person has a right to  a  hearing  before
12    the  State  Fire Marshal. A written notice of a request for a
13    hearing shall be served on the State Fire Marshal  within  10
14    days of notice of the refusal, suspension, or revocation of a
15    license  or  imposition  of  a  fine.  The  hearing  shall be
16    conducted by the State Fire  Marshal  or  a  hearing  officer
17    designated   in   writing   by  the  State  Fire  Marshal.  A
18    stenographic record shall be made of the hearing and the cost
19    of the hearing shall be borne by the State Fire  Marshal.   A
20    transcript  of the hearing shall be made only upon request of
21    the applicant or licensee and shall  be  transcribed  at  the
22    cost of that person.

23        Section  75. Subpoena powers; administration of oath. The
24    State Fire Marshal or hearing officer may compel by  subpoena
25    or  subpoena  duces  tecum  the  attendance  and testimony of
26    witnesses and  the  production  of  books  and  papers.   All
27    subpoenas issued by the State Fire Marshal or hearing officer
28    may  be served as provided for in a civil action. The fees of
29    witnesses for attendance and travel shall be the same as  the
30    fees for witnesses before the circuit court and shall be paid
31    by the party at whose request the subpoena is issued. If such
32    subpoena  is issued at the request of the State Fire Marshal,
                            -13-               LRB9214855ACcd
 1    the witness fee shall be paid as an administrative expense.
 2        In the case of refusal of a witness to attend or  testify
 3    or  to  produce  books  or  papers concerning any matter upon
 4    which he or she might be lawfully examined, the circuit court
 5    of the county where the hearing is held, upon application  of
 6    any  party  to  the  proceeding,  may  compel  obedience by a
 7    proceeding for contempt.
 8        The  State  Fire  Marshal  or  hearing  officer  has  the
 9    authority to administer oaths to witnesses.

10        Section 80. Deposition of witnesses; testimony at hearing
11    recorded. In the event of the inability of any party  or  the
12    State  Fire Marshal to procure the attendance of witnesses to
13    give testimony or produce books and papers, the party or  the
14    State  Fire  Marshal  may take the deposition of witnesses in
15    accordance with the laws of this State. All  testimony  taken
16    at  a  hearing  shall  be  reduced  to  writing  and all such
17    testimony and other evidence introduced at the hearing  shall
18    be a part of the record of the hearing.

19        Section  85.  Certification  of  record.  The  State Fire
20    Marshal is not required to certify any  record  or  file  any
21    answer  or  otherwise  appear  in any proceeding for judicial
22    review unless the party filing the  complaint  deposits  with
23    the  clerk  of  the  court  the  sum  of  one dollar per page
24    representing the costs of the certification. Failure  on  the
25    part  of  the  plaintiff to make the deposit shall be grounds
26    for dismissal of the action.

27        Section   90.   Injunction.   Faulty    fire    sprinkler
28    installation  and  repair is declared a violation of this Act
29    and inimical to the public health, welfare, and safety and  a
30    deceptive  business  practice. The State Fire Marshal, in the
31    name of the people of the State, through the Attorney General
                            -14-               LRB9214855ACcd
 1    or the State's Attorney of the county in which the  violation
 2    occurs  may,  in  addition to other remedies herein provided,
 3    bring an action for an injunction to restrain such  violation
 4    or  enjoin the future performance of the person who committed
 5    the violation until compliance with the  provisions  of  this
 6    Act has been obtained.

 7        Section 95. Penalty.  Any person who violates this Act or
 8    any  rule  adopted by the State Fire Marshal, or who violates
 9    any determination or order of the State  Fire  Marshal  under
10    this  Act  shall be guilty of a Class A misdemeanor and shall
11    be fined a sum not less than $100.
12        Each day's violation constitutes a separate offense.  The
13    State's  Attorney  of  the  county  in  which  the  violation
14    occurred  or the Attorney General shall bring such actions in
15    the name of the people of the State of Illinois.

16        Section 100.  Administrative civil fines. The State  Fire
17    Marshal  is  empowered  to  assess administrative civil fines
18    against a licensee for violations of this Act or  its  rules.
19    These  fines  shall  not  be  greater  than  $1,000  for each
20    offense.  These fines shall be in addition to, or in lieu of,
21    license suspensions and revocations. Rules to implement  this
22    Section  shall  be adopted by the State Fire Marshal within 6
23    months after the effective date of this Act.
24        The hearing officer  shall,  upon  determination  that  a
25    violation  of  the  Act  or rules has occurred, determine the
26    amount of these fines. Any fine assessed and not paid  within
27    60  days  after  receiving  notice of the fine from the State
28    Fire Marshal may  be  submitted  to  the  Attorney  General's
29    office  for  collection.  Failure to pay a fine shall also be
30    grounds for immediate suspension or revocation of  a  license
31    issued under this Act.
                            -15-               LRB9214855ACcd
 1        Section  105.  Judicial  review  of  final administrative
 2    decision. The Administrative Review Law and the rules adopted
 3    under the Administrative Review Law apply to and  govern  all
 4    proceedings  for  judicial  review  of  final  administrative
 5    decisions  of  the  State  Fire  Marshal under this Act. Such
 6    judicial review shall be had in  the  circuit  court  of  the
 7    county  in  which  the  cause  of  the action arose. The term
 8    "administrative decision" is defined in Section 3-101 of  the
 9    Code of Civil Procedure.

10        Section  110. Illinois Administrative Procedure Act.  The
11    provisions of the Illinois Administrative Procedure  Act  are
12    hereby   expressly   adopted   and   shall   apply   to   all
13    administrative rules and procedures of the State Fire Marshal
14    under  this Act, except that, in the case of conflict between
15    the Illinois Administrative Procedure Act and this  Act,  the
16    provisions of this Act shall control, and except that Section
17    5-35 of the Illinois Administrative Procedure Act relating to
18    procedures  for rule-making does not apply to the adoption of
19    any rule required by federal law in connection with which the
20    State Fire Marshal is precluded by law  from  exercising  any
21    discretion.

22        Section  115.   Severability  clause. If any part of this
23    Act is adjudged invalid, such adjudication shall  not  affect
24    the validity of the Act as a whole or of any other part.

25        Section  120.  Grandfather clause. Any person or business
26    that, as of the effective date of this Act, is installing  or
27    repairing fire sprinkler systems in the State of Illinois and
28    has  a  minimum  of  3  years  of experience in installing or
29    repairing fire sprinkler systems  is  exempt  from  having  a
30    designated certified person as required in Section 20.
                            -16-               LRB9214855ACcd
 1        Section 999.  Effective date.  This Act takes effect upon
 2    becoming law.

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