State of Illinois
92nd General Assembly
Legislation

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92_SB1622enr

 
SB1622 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 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 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 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 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 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 detection system installed by a licensed
29    plumber before the fire sprinkler system  connection  to  the
30    water  service.  Connection to the backflow prevention device
31    or detection system shall be done in a manner consistent with
32    the Department of Public Health's Plumbing Code.
33        (e)  This licensing Act is not intended  to  require  any
 
SB1622 Enrolled            -7-                 LRB9214855ACcd
 1    additional fire inspections at State level.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

28        Section  105.  Judicial  review  of  final administrative
29    decision. The Administrative Review Law and the rules adopted
30    under the Administrative Review Law apply to and  govern  all
31    proceedings  for  judicial  review  of  final  administrative
 
SB1622 Enrolled            -15-                LRB9214855ACcd
 1    decisions  of  the  State  Fire  Marshal under this Act. Such
 2    judicial review shall be had in  the  circuit  court  of  the
 3    county  in  which  the  cause  of  the action arose. The term
 4    "administrative decision" is defined in Section 3-101 of  the
 5    Code of Civil Procedure.

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

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

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

27        Section 999.  Effective date.  This Act takes effect upon
28    becoming law.

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