State of Illinois
92nd General Assembly

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SB1622 Re-enrolled                             LRB9214855ACcd

 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    connection to the water service after the  approved  backflow
29    device  is  installed  under the requirements of the Illinois
30    Plumbing Code and ending at the most remote  fire  sprinkler.
SB1622 Re-enrolled            -2-              LRB9214855ACcd
 1    "Fire sprinkler system" includes but is not limited to a fire
 2    sprinkler system in a residential, commercial, institutional,
 3    educational,  public,  or  private occupancy. "Fire sprinkler
 4    system" does not include single sprinkler heads that are in a
 5    loop of the potable water system, as referenced  in  77  Ill.
 6    Adm. Code 890.1130 and 890.1200.
 7        "Licensee"   means  a  person  or  business  organization
 8    licensed in accordance with this Act.
 9        "NICET" means the National Institute for Certification in
10    Engineering Technologies.
11        "Person"  means  an  individual,  group  of  individuals,
12    association, trust, partnership,  corporation,  person  doing
13    business  under  an  assumed  name, the State of Illinois, or
14    department  thereof,  any  other  state-owned  and   operated
15    institution, or any other entity.
16        "Supervision"  means  the  direction  and management by a
17    designated   certified   person   of   the   activities    of
18    non-certified personnel in the installation or repair of fire
19    sprinkler systems.

20        Section  12.  License;  enforcement;  failure to pay tax.
21    No person shall  act  as  a  fire  sprinkler  contractor,  or
22    advertise or assume to act as such, or use any title implying
23    that  such  person  is engaged in such practice or occupation
24    unless licensed by the State Fire Marshal.
25        No firm, association, or  corporation  shall  act  as  an
26    agency licensed under this Act, or advertise or assume to act
27    as   such,   or   use  any  title  implying  that  the  firm,
28    association, or corporation  is  engaged  in  such  practice,
29    unless licensed by the State Fire Marshal.
30        The  State  Fire  Marshal,  in the name of the People and
31    through the Attorney General, the  State's  Attorney  of  any
32    county, any resident of the State, or any legal entity within
33    the  State  may  apply  for injunctive relief in any court to
SB1622 Re-enrolled            -3-              LRB9214855ACcd
 1    enjoin any person who has not been issued a license or  whose
 2    license  has  been  suspended,  revoked,  or not renewed from
 3    practicing a licensed activity, and  upon  the  filing  of  a
 4    verified  petition,  the  court, if satisfied by affidavit or
 5    otherwise, that such person is  or  has  been  practicing  in
 6    violation of this Act may enter a temporary restraining order
 7    or   preliminary  injunction,  without  bond,  enjoining  the
 8    defendant from such further activity.  A copy of the verified
 9    complaint  shall  be  served  upon  the  defendant  and   the
10    proceedings  shall  thereafter be conducted as in other civil
11    cases.  If it is established that the defendant has  been  or
12    is practicing in violation of this Act, the court may enter a
13    judgment   perpetually  enjoining  the  defendant  from  such
14    further activity.  In case of  violation  of  any  injunctive
15    order  or  judgment  entered  under  the  provisions  of this
16    Section, the court may summarily try and punish the  offender
17    for  contempt  of court.  Such injunctive proceeding shall be
18    in addition to all penalties and other remedies in this Act.
19        The State Fire Marshal may refuse to issue a license  to,
20    or may suspend the license of, any person who fails to file a
21    return, to pay the tax, penalty, or interest shown in a filed
22    return,  or  to  pay any final assessment of tax, penalty, or
23    interest, as required by any  tax  Act  administered  by  the
24    Illinois  Department  of  Revenue,  until  such  time  as the
25    requirements of any such tax Act are satisfied.

26        Section 15. Licensing requirements.
27        (a)  It shall be unlawful for any person or  business  to
28    engage  in,  advertise,  or  hold  itself  out  to  be in the
29    business of installing or repairing fire sprinkler systems in
30    this State after 6 months after the effective  date  of  this
31    Act,  unless such person or business is licensed by the State
32    Fire Marshal. This license must be renewed every year.
33        (b)  In order to obtain a license, a person  or  business
SB1622 Re-enrolled            -4-              LRB9214855ACcd
 1    must  submit  an  application to the State Fire Marshal, on a
 2    form provided  by  the  State  Fire  Marshal  containing  the
 3    information prescribed, along with the application fee.
 4        (c)  A  business  applying  for  a  license  must  have a
 5    designated certified person employed at the business location
 6    and the designated certified person shall  be  identified  on
 7    the license application.
 8        (d)  A  person  or  business  applying for a license must
 9    show proof of having liability and property damage  insurance
10    in  such  amounts  and  under  such  circumstances  as may be
11    determined  by  the  State  Fire  Marshal.    The  amount  of
12    liability and property damage insurance, however,  shall  not
13    be less than the amount specified in Section 35 of this Act.
14        (e)  A  person  or  business  applying for a license must
15    show proof of having workers' compensation insurance covering
16    its employees or be approved as a  self-insurer  of  workers'
17    compensation in accordance with the laws of this State.
18        (f)  A  person  or  business  so  licensed  shall  have a
19    separate license for each business location within the  State
20    or   outside   the   State  when  the  business  location  is
21    responsible for any installation or repair of fire  sprinkler
22    systems performed within the State.
23        (g)  When an individual proposes to do business in her or
24    his  own  name, a license, when granted, shall be issued only
25    to that individual.
26        (h)  If the applicant requesting licensure to  engage  in
27    contracting   is   a   business   organization,   such  as  a
28    partnership, corporation,  business  trust,  or  other  legal
29    entity,   the   application  shall  state  the  name  of  the
30    partnership and its partners, the name of the corporation and
31    its officers and directors, the name of  the  business  trust
32    and  its trustees, or the name of such other legal entity and
33    its  members  and  shall  furnish   evidence   of   statutory
34    compliance  if  a  fictitious  name is used. Such application
SB1622 Re-enrolled            -5-              LRB9214855ACcd
 1    shall also show that the business entity employs a designated
 2    certified person as required under Section 20.  The  license,
 3    when  issued  upon  application  of  a business organization,
 4    shall be in the name of the  business  organization  and  the
 5    name  of  the qualifying designated certified person shall be
 6    noted thereon.
 7        (i)  No license is required for a person or business that
 8    is engaged in the installation of fire sprinkler systems only
 9    in single family or multiple family residential dwellings  up
10    to  and  including  8  family  units that do not exceed 2 1/2
11    stories in height from the lowest grade level.

12        Section 20.  Designated certified person requirements.
13        (a)  A designated  certified  person  must  either  be  a
14    current  Illinois  licensed  professional  engineer or hold a
15    valid  NICET  level  3  or  higher  certification  in   "fire
16    protection technology, automatic sprinkler system layout".
17        (b)  At  least  one member of every firm, association, or
18    partnership and at  least  one  corporate  officer  of  every
19    corporation  engaged  in  the installation and repair of fire
20    sprinkler systems must be a designated certified person.
21        (c)  A designated certified person must  be  employed  by
22    the licensee at a business location with a valid license.
23        (d)  A  designated  certified  person must perform his or
24    her normal  duties  at  a  business  location  with  a  valid
25    license.
26        (e)  A  designated  certified  person  may  only  be  the
27    designated certified person for one business location and one
28    business entity.
29        (f)  A  designated  certified  person  must  be  directly
30    involved  in  supervision.    The designated certified person
31    does not, however, have to be at the site of the installation
32    or repair of the fire sprinkler system at all times.
SB1622 Re-enrolled            -6-              LRB9214855ACcd
 1        Section 25. Change  of  a  designated  certified  person.
 2    When a licensee is without a designated certified person, the
 3    licensee  shall  notify  the  State  Fire  Marshal in writing
 4    within 30 days and shall employ a designated certified person
 5    no later  than  180  days  from  the  time  the  position  of
 6    designated  certified  person becomes vacant. Failing to fill
 7    the vacant position shall cause the license of the person  or
 8    of  the  business  organization  to  expire  without  further
 9    operation of law.

10        Section  30. Requirements for the installation and repair
11    of fire protection systems.
12        (a)  Equipment shall be listed by a nationally recognized
13    testing laboratory, such as Underwriters  Laboratories,  Inc.
14    or  Factory  Mutual  Laboratories, Inc., or shall comply with
15    nationally accepted standards. The State Fire  Marshal  shall
16    adopt by rule procedures for determining whether a laboratory
17    is   nationally   recognized,   taking   into   account   the
18    laboratory's   facilities,   procedures,  use  of  nationally
19    recognized  standards,  and  any  other  criteria  reasonably
20    calculated to reach an informed determination.
21        (b)  Equipment shall be installed in accordance with  the
22    applicable   standards   of   the  National  Fire  Protection
23    Association and the manufacturer's specifications.
24        (c)  The contractor shall furnish the user with operating
25    instructions for all equipment  installed,  together  with  a
26    diagram of the final installation.
27        (d)  All  fire  sprinkler  systems  shall have a backflow
28    prevention device or, in a  municipality  with  a  population
29    over 500,000, a double detector check assembly installed by a
30    licensed  plumber before the fire sprinkler system connection
31    to the water service.  Connection to the backflow  prevention
32    device  or, in a municipality with a population over 500,000,
33    a  double  detector  assembly  shall  be  done  in  a  manner
SB1622 Re-enrolled            -7-              LRB9214855ACcd
 1    consistent with the Department of  Public  Health's  Plumbing
 2    Code.
 3        (e)  This  licensing  Act  is not intended to require any
 4    additional fire inspections at State level.

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

31        Section  40.   Deposit  of fines and fees; appropriation.
32    All administrative civil fines and fees collected pursuant to
SB1622 Re-enrolled            -8-              LRB9214855ACcd
 1    the Act shall be deposited into the Fire Prevention  Fund,  a
 2    special  fund  in  the  State  treasury. The General Assembly
 3    shall  appropriate   the   amount   annually   collected   as
 4    administrative civil fines and fees to the State Fire Marshal
 5    for the purposes of administering this Act.

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

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

26        Section  55.  Rules;  public  hearing.   Subject  to  the
27    requirement  for public hearings as provided in this Section,
28    the State Fire Marshal shall promulgate, publish, and  adopt,
29    and  may,  from  time  to  time,  amend  such rules as may be
30    necessary for the proper enforcement of this Act, to  protect
31    the  health and safety of the public.  The State Fire Marshal
SB1622 Re-enrolled            -9-              LRB9214855ACcd
 1    shall  hold  a  public  hearing  prior  to  the  adoption  or
 2    amendment of rules required under this Act.  The  State  Fire
 3    Marshal  may,  when  necessary,  utilize  the services of any
 4    other State agency to assist in carrying out the purposes  of
 5    this Act.

 6        Section   60.    Grounds  for  disciplinary  action.  The
 7    following constitute grounds for disciplinary action  by  the
 8    State Fire Marshal:
 9        (1)  Violation  of  any  provision  of this Act or of any
10    rule adopted pursuant thereto.
11        (2)  Violation of the applicable building codes  or  laws
12    of this State or any municipality or county thereof.
13        (3)  Diversion   of   funds   or  property  received  for
14    prosecution or completion of a specified construction project
15    or  operation  when,  as  a  result  of  the  diversion,  the
16    contractor is, or will be, unable to fulfill the terms of her
17    or his obligation or contract.
18        (4)  Disciplinary action by any municipality  or  county,
19    which  action  shall  be  reviewed  by the State Fire Marshal
20    before taking any disciplinary action.
21        (5)  Failure to supervise the installation  of  the  fire
22    protection  system  covered by the installation permit signed
23    by the contractor.
24        (6)  Rendering  a  fire  protection   system,   standpipe
25    system,  or  underground  water supply main connecting to the
26    system inoperative except when the  fire  protection  system,
27    standpipe  system,  or underground water supply main is being
28    inspected, serviced, tested, or repaired or pursuant to court
29    order.
30        (7)  Improperly   servicing,   repairing,   testing,   or
31    inspecting a fire protection  system,  standpipe  system,  or
32    underground water supply main connecting to the system.
33        (8)  Failing  to  provide proof of insurance to the State
SB1622 Re-enrolled            -10-             LRB9214855ACcd
 1    Fire Marshal or failing to maintain in  force  the  insurance
 2    coverage required by this Act.
 3        (9)  Failing  to  obtain, retain, or maintain one or more
 4    of the qualifications for a designated  certified  person  as
 5    specified in this Act.
 6        (10)  Making a material misstatement or misrepresentation
 7    or  committing a fraud in obtaining or attempting to obtain a
 8    license.
 9        (11)  Failing  to  notify  the  State  Fire  Marshal,  in
10    writing, within 30 days after a change of residence  address,
11    principal business address, or name.
12        (12)  Failure  to  supply  within a reasonable time, upon
13    request  from  the  State  Fire  Marshal  or  its  authorized
14    representative, true  information  regarding  material  used,
15    work   performed,  or  other  information  essential  to  the
16    administration of this Act.
17        (13)  Aiding or abetting a person to violate a  provision
18    of  this  Act,  conspiring  with  any  person  to  violate  a
19    provision  of  this  Act, or allowing a license to be used by
20    another person.

21        Section 65.  Notice; suspension, revocation,  or  refusal
22    to renew a license.
23        (a)  Whenever  the  State  Fire  Marshal  determines that
24    there are reasonable grounds to believe that a  licensee  has
25    violated  a  provision of this Act or the rules adopted under
26    this Act, the State Fire Marshal shall  give  notice  of  the
27    alleged  violation to the person whom the license was issued.
28    The  notice  shall  (i)  be  in  writing;   (ii)  include   a
29    statement   of   the  alleged  violation  which  necessitates
30    issuance of the notice; (iii)  contain an outline of remedial
31    action that,  if  taken,  will  effect  compliance  with  the
32    provisions  of this Act and the rules adopted under this Act;
33    (iv) prescribe a reasonable time, as determined by the  State
SB1622 Re-enrolled            -11-             LRB9214855ACcd
 1    Fire  Marshal,  for the performance of any action required by
 2    the notice; and (v)  be served upon the licensee.  The notice
 3    shall be deemed to have been properly served upon the  person
 4    when  a  copy  of  the  notice has been sent by registered or
 5    certified mail to his or her last known address as  furnished
 6    to  the  State Fire Marshal or when he or she has been served
 7    the notice by any other method authorized by law.
 8        (b)  If the person to whom the notice is served does  not
 9    comply   with  the  terms  of  the  notice  within  the  time
10    limitations specified in the notice, the State  Fire  Marshal
11    may  proceed  with  action  to  suspend, revoke, or refuse to
12    issue a license as provided in this Section.
13        (c)  Other requirements of this Act notwithstanding, when
14    the State Fire Marshal  determines  that  reasonable  grounds
15    exist  to  indicate  that  a  violation  of this Act has been
16    committed and the violation is the third  separate  violation
17    by  that person in an 18-month period, the notice requirement
18    of subsection (a)  of this Section is waived  and  the  State
19    Fire  Marshal may proceed immediately with action to suspend,
20    revoke, or refuse to issue a license.
21        (d)  In any proceeding to suspend, revoke, or  refuse  to
22    issue  a license, the State Fire Marshal shall first serve or
23    cause to be served upon the licensee a written notice of  the
24    State  Fire Marshal's intent to take action. The notice shall
25    specify the way in which the person has failed to comply with
26    this Act or any other rules or standards of  the  State  Fire
27    Marshal.
28        (e)  In  the case of revocation or suspension, the notice
29    shall require the person to remove or abate the violation  or
30    objectionable  condition  specified  in  the  notice within 5
31    days. The State Fire Marshal may specify a longer  period  of
32    time  as  it  deems necessary.  If the person fails to comply
33    with the terms and conditions of the revocation or suspension
34    notice within the time specified by the State  Fire  Marshal,
SB1622 Re-enrolled            -12-             LRB9214855ACcd
 1    the State Fire Marshal may revoke or suspend the license.
 2        (f)  In  the  case  of refusal to issue a license, if the
 3    person fails to comply with the Act  or  rules  or  standards
 4    promulgated  under the Act, the State Fire Marshal may refuse
 5    to issue a license.

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

22        Section 75. Subpoena powers; administration of oath.  The
23    State  Fire Marshal or hearing officer may compel by subpoena
24    or subpoena duces  tecum  the  attendance  and  testimony  of
25    witnesses  and  the  production  of  books  and  papers.  All
26    subpoenas issued by the State Fire Marshal or hearing officer
27    may be served as provided for in a civil action. The fees  of
28    witnesses  for attendance and travel shall be the same as the
29    fees for witnesses before the circuit court and shall be paid
30    by the party at whose request the subpoena is issued. If such
31    subpoena is issued at the request of the State Fire  Marshal,
32    the witness fee shall be paid as an administrative expense.
SB1622 Re-enrolled            -13-             LRB9214855ACcd
 1        In  the case of refusal of a witness to attend or testify
 2    or to produce books or  papers  concerning  any  matter  upon
 3    which he or she might be lawfully examined, the circuit court
 4    of  the county where the hearing is held, upon application of
 5    any party to  the  proceeding,  may  compel  obedience  by  a
 6    proceeding for contempt.
 7        The  State  Fire  Marshal  or  hearing  officer  has  the
 8    authority to administer oaths to witnesses.

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

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

26        Section    90.    Injunction.   Faulty   fire   sprinkler
27    installation and repair is declared a violation of  this  Act
28    and  inimical to the public health, welfare, and safety and a
29    deceptive business practice. The State Fire Marshal,  in  the
30    name of the People of the State, through the Attorney General
31    or  the State's Attorney of the county in which the violation
SB1622 Re-enrolled            -14-             LRB9214855ACcd
 1    occurs may, in addition to other  remedies  herein  provided,
 2    bring  an action for an injunction to restrain such violation
 3    or enjoin the future performance of the person who  committed
 4    the  violation  until  compliance with the provisions of this
 5    Act has been obtained.

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

15        Section  100.  Administrative civil fines. The State Fire
16    Marshal is empowered to  assess  administrative  civil  fines
17    against  a  licensee for violations of this Act or its rules.
18    These fines  shall  not  be  greater  than  $1,000  for  each
19    offense.  These fines shall be in addition to, or in lieu of,
20    license  suspensions and revocations. Rules to implement this
21    Section shall be adopted by the State Fire Marshal  within  6
22    months after the effective date of this Act.
23        The  hearing  officer  shall,  upon  determination that a
24    violation of the Act or rules  has  occurred,  determine  the
25    amount  of these fines. Any fine assessed and not paid within
26    60 days after receiving notice of the  fine  from  the  State
27    Fire  Marshal  may  be  submitted  to  the Attorney General's
28    office for collection. Failure to pay a fine  shall  also  be
29    grounds  for  immediate suspension or revocation of a license
30    issued under this Act.

31        Section 105.  Judicial  review  of  final  administrative
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 1    decision. The Administrative Review Law and the rules adopted
 2    under  the  Administrative Review Law apply to and govern all
 3    proceedings  for  judicial  review  of  final  administrative
 4    decisions of the State Fire  Marshal  under  this  Act.  Such
 5    judicial  review  shall  be  had  in the circuit court of the
 6    county in which the cause  of  the  action  arose.  The  term
 7    "administrative  decision" is defined in Section 3-101 of the
 8    Code of Civil Procedure.

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

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

24        Section 120. Grandfather clause. Any person  or  business
25    that,  as of the effective date of this Act, is installing or
26    repairing fire sprinkler systems in the State of Illinois and
27    has a minimum of 3  years  of  experience  in  installing  or
28    repairing  fire  sprinkler  systems  is  exempt from having a
29    designated certified person as required in Section 20.

30        Section 999.  Effective date.  This Act takes effect upon
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 1    becoming law.

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