State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Engrossed ][ House Amendment 001 ]
[ House Amendment 002 ]


92_HB0273sam001

 










                                           LRB9204041ACcdam01

 1                     AMENDMENT TO HOUSE BILL 273

 2        AMENDMENT NO.     .  Amend House Bill  273  by  replacing
 3    everything after the enacting clause with the following:

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

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

15        Section 10.  Definitions. As used in this Act, unless the
16    context otherwise requires:
17        "Designated certified person" means an individual who has
18    met the qualifications set forth under  Section  20  of  this
19    Act.
20        "Fire  sprinkler  contractor"  means  a  person who holds
21    himself or herself out to be in the business of or  contracts
 
                            -2-            LRB9204041ACcdam01
 1    with a person to install or repair a fire sprinkler system.
 2        "Fire  sprinkler  system" means any water-based automatic
 3    fire  extinguishing   system   employing   fire   sprinklers,
 4    including  accessory  fire  pumps and associated piping, fire
 5    standpipes, or underground fire main systems starting at  the
 6    point  of  service  as  defined herein and ending at the most
 7    remote fire sprinkler. "Fire sprinkler system"  includes  but
 8    is  not  limited to a fire sprinkler system in a residential,
 9    commercial, institutional, educational,  public,  or  private
10    occupancy.
11        "Licensee"   means  a  person  or  business  organization
12    licensed in accordance with this Act.
13        "NICET" means the National Institute for Certification in
14    Engineering Technologies.
15        "Person"  means  an  individual,  group  of  individuals,
16    association, trust, partnership,  corporation,  person  doing
17    business  under  an  assumed  name, the State of Illinois, or
18    department  thereof,  any  other  state-owned  and   operated
19    institution, or any other entity.
20        "Point  of  service" means the point of connection to the
21    water service after the approved backflow device is installed
22    under the requirements of the Illinois Plumbing Code.
23        "Supervision" means the direction  and  management  by  a
24    designated    certified   person   of   the   activities   of
25    non-certified personnel in the installation or repair of fire
26    sprinkler systems.

27        Section 12.  License; enforcement; failure  to  pay  tax.
28    No  person  shall  act  as  a  fire  sprinkler contractor, or
29    advertise or assume to act as such, or use any title implying
30    that such person is engaged in such  practice  or  occupation
31    unless licensed by the State Fire Marshal.
32        No  firm,  association,  or  corporation  shall act as an
33    agency licensed under this Act, or advertise or assume to act
34    as  such,  or  use  any  title  implying   that   the   firm,
 
                            -3-            LRB9204041ACcdam01
 1    association,  or  corporation  is  engaged  in such practice,
 2    unless licensed by the State Fire Marshal.
 3        The State Fire Marshal, in the name  of  the  People  and
 4    through  the  Attorney  General,  the State's Attorney of any
 5    county, any resident of the State, or any legal entity within
 6    the State may apply for injunctive relief  in  any  court  to
 7    enjoin  any person who has not been issued a license or whose
 8    license has been suspended,  revoked,  or  not  renewed  from
 9    practicing  a  licensed  activity,  and  upon the filing of a
10    verified petition, the court, if satisfied  by  affidavit  or
11    otherwise,  that  such  person  is  or has been practicing in
12    violation of this Act may enter a temporary restraining order
13    or  preliminary  injunction,  without  bond,  enjoining   the
14    defendant from such further activity.  A copy of the verified
15    complaint   shall  be  served  upon  the  defendant  and  the
16    proceedings shall thereafter be conducted as in  other  civil
17    cases.   If  it is established that the defendant has been or
18    is practicing in violation of this Act, the court may enter a
19    judgment  perpetually  enjoining  the  defendant  from   such
20    further  activity.    In  case of violation of any injunctive
21    order or  judgment  entered  under  the  provisions  of  this
22    Section,  the court may summarily try and punish the offender
23    for contempt of court.  Such injunctive proceeding  shall  be
24    in addition to all penalties and other remedies in this Act.
25        The  State Fire Marshal may refuse to issue a license to,
26    or may suspend the license of, any person who fails to file a
27    return, to pay the tax, penalty, or interest shown in a filed
28    return, or to pay any final assessment of  tax,  penalty,  or
29    interest,  as  required  by  any  tax Act administered by the
30    Illinois Department  of  Revenue,  until  such  time  as  the
31    requirements of any such tax Act are satisfied.

32        Section 15. Licensing requirements.
33        (a)  It  shall  be unlawful for any person or business to
 
                            -4-            LRB9204041ACcdam01
 1    engage in, advertise,  or  hold  itself  out  to  be  in  the
 2    business of installing or repairing fire sprinkler systems in
 3    this  State  after  6 months after the effective date of this
 4    Act, unless such person or business is licensed by the  State
 5    Fire Marshal. This license must be renewed every year.
 6        (b)  In  order  to obtain a license, a person or business
 7    must submit an application to the State Fire  Marshal,  on  a
 8    form  provided  by  the  State  Fire  Marshal  containing the
 9    information prescribed, along with the application fee.
10        (c)  A business  applying  for  a  license  must  have  a
11    designated certified person employed at the business location
12    and  the  designated  certified person shall be identified on
13    the license application.
14        (d)  A person or business applying  for  a  license  must
15    show  proof of having liability and property damage insurance
16    in such amounts  and  under  such  circumstances  as  may  be
17    determined  by  the  State  Fire  Marshal.    The  amount  of
18    liability  and  property damage insurance, however, shall not
19    be less than the amount specified in Section 35 of this Act.
20        (e)  A person or business applying  for  a  license  must
21    show proof of having workers' compensation insurance covering
22    its  employees  or  be approved as a self-insurer of workers'
23    compensation in accordance with the laws of this State.
24        (f)  A person  or  business  so  licensed  shall  have  a
25    separate  license for each business location within the State
26    or  outside  the  State  when  the   business   location   is
27    responsible  for any installation or repair of fire sprinkler
28    systems performed within the State.
29        (g)  When an individual proposes to do business in her or
30    his own name, a license, when granted, shall be  issued  only
31    to that individual.
32        (h)  If  the  applicant requesting licensure to engage in
33    contracting  is  a   business   organization,   such   as   a
34    partnership,  corporation,  business  trust,  or  other legal
 
                            -5-            LRB9204041ACcdam01
 1    entity,  the  application  shall  state  the  name   of   the
 2    partnership and its partners, the name of the corporation and
 3    its  officers  and  directors, the name of the business trust
 4    and its trustees, or the name of such other legal entity  and
 5    its   members   and   shall  furnish  evidence  of  statutory
 6    compliance if a fictitious name  is  used.  Such  application
 7    shall also show that the business entity employs a designated
 8    certified  person  as required under Section 20. The license,
 9    when issued upon  application  of  a  business  organization,
10    shall  be  in  the  name of the business organization and the
11    name of the qualifying designated certified person  shall  be
12    noted thereon.
13        (i)  A  separate  license  shall be issued to a person or
14    business  that  is  engaged  in  the  installation  of   fire
15    sprinkler  systems  only  in  one  or  2  family  residential
16    dwellings.   Any person or business that obtains this license
17    shall not  be  required  to  meet  the  requirements  of  the
18    designated  certified  person  pursuant to Section 20 of this
19    Act.

20        Section 20.  Designated certified person requirements.
21        (a)  A designated  certified  person  must  either  be  a
22    current  Illinois  licensed  professional  engineer or hold a
23    valid  NICET  level  3  or  higher  certification  in   "fire
24    protection  technology,  automatic  sprinkler system layout".
25    The designated certified person  for  a  person  or  business
26    installing   fire  sprinkler  systems  in  one  or  2  family
27    dwellings  shall  hold  a  valid  NICET  level  2  or  higher
28    certification.
29        (b)  At least one member of every firm,  association,  or
30    partnership  and  at  least  one  corporate  officer of every
31    corporation engaged in the installation and  repair  of  fire
32    sprinkler systems must be a designated certified person.
33        (c)  A  designated  certified  person must be employed by
 
                            -6-            LRB9204041ACcdam01
 1    the licensee at a business location with a valid license.
 2        (d)  A designated certified person must  perform  his  or
 3    her  normal  duties  at  a  business  location  with  a valid
 4    license.
 5        (e)  A  designated  certified  person  may  only  be  the
 6    designated certified person for one business location and one
 7    business entity.
 8        (f)  A  designated  certified  person  must  be  directly
 9    involved in supervision.   The  designated  certified  person
10    does not, however, have to be at the site of the installation
11    or repair of the fire sprinkler system at all times.

12        Section  25.  Change  of  a  designated certified person.
13    When a licensee is without a designated certified person, the
14    licensee shall notify  the  State  Fire  Marshal  in  writing
15    within 30 days and shall employ a designated certified person
16    no  later  than  180  days  from  the  time  the  position of
17    designated certified person becomes vacant. Failing  to  fill
18    the  vacant position shall cause the license of the person or
19    of  the  business  organization  to  expire  without  further
20    operation of law.

21        Section 30. Requirements for the installation and  repair
22    of fire protection systems.
23        (a)  Equipment shall be listed by a nationally recognized
24    testing  laboratory,  such as Underwriters Laboratories, Inc.
25    or Factory Mutual Laboratories, Inc., or  shall  comply  with
26    nationally  accepted  standards. The State Fire Marshal shall
27    adopt by rule procedures for determining whether a laboratory
28    is   nationally   recognized,   taking   into   account   the
29    laboratory's  facilities,  procedures,  use   of   nationally
30    recognized  standards,  and  any  other  criteria  reasonably
31    calculated to reach an informed determination.
32        (b)  Equipment  shall be installed in accordance with the
 
                            -7-            LRB9204041ACcdam01
 1    applicable  standards  of  the   National   Fire   Protection
 2    Association and the manufacturer's specifications.
 3        (c)  Each piece of equipment supplied shall be guaranteed
 4    for  a  period  of  one  year  against defects in material or
 5    operations.
 6        (d)  The contractor shall furnish the user with operating
 7    instructions for all equipment  installed,  together  with  a
 8    diagram of the final installation.
 9        (e)  All  fire  sprinkler  systems  shall have a backflow
10    prevention device installed by a licensed plumber before  the
11    point of service.

12        Section 35. Fees and required insurance.
13        (a)  The  fees  for  an original license and each renewal
14    and for duplicate copies of licenses shall be  determined  by
15    the State Fire Marshal by rule.
16        (b)  Any  person  who fails to file a renewal application
17    by the date of expiration of a license shall  be  assessed  a
18    late  filing  charge,  which shall be determined by the State
19    Fire Marshal by rule.
20        (c)  All fees shall be paid by check or money order.  Any
21    fee  required by this Act is not refundable in the event that
22    the  original  application  or  application  for  renewal  is
23    denied.
24        (d)  Every application for an original license  shall  be
25    accompanied  by  a  certificate  of  insurance  issued  by an
26    insurance company authorized to do business in the  State  of
27    Illinois  or  by  a risk retention or purchasing group formed
28    pursuant to the federal Liability Risk Retention Act of 1986,
29    which  provides  primary,  first  dollar   public   liability
30    coverage  of  the applicant or licensee for personal injuries
31    for not less than  $500,000  per  person  or  $1,000,000  per
32    occurrence,  and,  in  addition, for not less than $1,000,000
33    per occurrence for  property  damage.  The  insurance  policy
 
                            -8-            LRB9204041ACcdam01
 1    shall be in effect at all times during the license year and a
 2    new  certificate  of  insurance shall be filed with the State
 3    Fire  Marshal  within  30  days  after  the  renewal  of  the
 4    insurance policy.

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

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

20        Section 50. Powers and duties of the State Fire  Marshal.
21    The  State  Fire  Marshal has all of the following powers and
22    duties:
23        (a)  To  prescribe   and   furnish   application   forms,
24    licenses, and any other forms necessary under this Act.
25        (b)  To  suspend,  revoke,  or  refuse  to issue or renew
26    licenses for cause.
27        (c)  To  conduct  hearings  concerning  the   suspension,
28    revocation, or refusal to issue or renew licenses.
29        (d)  To levy and collect fines pursuant to this Act.
30        (e)  To  promulgate  rules  and regulations necessary for
31    the administration of this Act.
 
                            -9-            LRB9204041ACcdam01
 1        Section  55.  Rules;  public  hearing.   Subject  to  the
 2    requirement for public hearings as provided in this  Section,
 3    the  State Fire Marshal shall promulgate, publish, and adopt,
 4    and may, from time to  time,  amend  such  rules  as  may  be
 5    necessary  for the proper enforcement of this Act, to protect
 6    the health and safety of the public.  The State Fire  Marshal
 7    shall  hold  a  public  hearing  prior  to  the  adoption  or
 8    amendment  of  rules required under this Act.  The State Fire
 9    Marshal may, when necessary,  utilize  the  services  of  any
10    other  State agency to assist in carrying out the purposes of
11    this Act.

12        Section  60.   Grounds  for  disciplinary   action.   The
13    following  constitute  grounds for disciplinary action by the
14    State Fire Marshal:
15        (1)  Violation of any provision of this  Act  or  of  any
16    rule adopted pursuant thereto.
17        (2)  Violation  of  the applicable building codes or laws
18    of this State or any municipality or county thereof.
19        (3)  Diversion  of  funds  or   property   received   for
20    prosecution or completion of a specified construction project
21    or  operation  when,  as  a  result  of  the  diversion,  the
22    contractor is, or will be, unable to fulfill the terms of her
23    or his obligation or contract.
24        (4)  Disciplinary  action  by any municipality or county,
25    which action shall be reviewed  by  the  State  Fire  Marshal
26    before taking any disciplinary action.
27        (5)  Failure  to  supervise  the installation of the fire
28    protection system covered by the installation  permit  signed
29    by the contractor.
30        (6)  Rendering   a   fire  protection  system,  standpipe
31    system, or underground water supply main  connecting  to  the
32    system  inoperative  except  when the fire protection system,
33    standpipe system, or underground water supply main  is  being
 
                            -10-           LRB9204041ACcdam01
 1    inspected, serviced, tested, or repaired or pursuant to court
 2    order.
 3        (7)  Improperly   servicing,   repairing,   testing,   or
 4    inspecting  a  fire  protection  system, standpipe system, or
 5    underground water supply main connecting to the system.
 6        (8)  Failing to provide proof of insurance to  the  State
 7    Fire  Marshal  or  failing to maintain in force the insurance
 8    coverage required by this Act.
 9        (9)  Failing to obtain, retain, or maintain one  or  more
10    of  the  qualifications  for a designated certified person as
11    specified in this Act.
12        (10)  Making a material misstatement or misrepresentation
13    or committing a fraud in obtaining or attempting to obtain  a
14    license.
15        (11)  Failing  to  notify  the  State  Fire  Marshal,  in
16    writing,  within 30 days after a change of residence address,
17    principal business address, or name.
18        (12)  Failure to supply within a  reasonable  time,  upon
19    request  from  the  State  Fire  Marshal  or  its  authorized
20    representative,  true  information  regarding  material used,
21    work  performed,  or  other  information  essential  to   the
22    administration of this Act.
23        (13)  Aiding  or abetting a person to violate a provision
24    of  this  Act,  conspiring  with  any  person  to  violate  a
25    provision of this Act, or allowing a license to  be  used  by
26    another person.

27        Section  65.   Notice; suspension, revocation, or refusal
28    to renew a license.
29        (a)  Whenever the  State  Fire  Marshal  determines  that
30    there  are  reasonable grounds to believe that a licensee has
31    violated a provision of this Act or the rules  adopted  under
32    this  Act,  the  State  Fire Marshal shall give notice of the
33    alleged violation to the person whom the license was  issued.
 
                            -11-           LRB9204041ACcdam01
 1    The   notice   shall  (i)  be  in  writing;  (ii)  include  a
 2    statement  of  the  alleged  violation   which   necessitates
 3    issuance of the notice; (iii)  contain an outline of remedial
 4    action  that,  if  taken,  will  effect  compliance  with the
 5    provisions of this Act and the rules adopted under this  Act;
 6    (iv)  prescribe a reasonable time, as determined by the State
 7    Fire Marshal, for the performance of any action  required  by
 8    the  notice;  and  (iv)  be  served  upon  the licensee.  The
 9    notice shall be deemed to have been properly served upon  the
10    person  when a copy of the notice has been sent by registered
11    or certified mail  to  his  or  her  last  known  address  as
12    furnished  to  the  State  Fire Marshal or when he or she has
13    been served the notice by any other method authorized by law.
14        (b)  If the person to whom the notice is served does  not
15    comply   with  the  terms  of  the  notice  within  the  time
16    limitations specified in the notice, the State  Fire  Marshal
17    may  proceed  with  action  to  suspend, revoke, or refuse to
18    issue a license as provided in this Section.
19        (c)  Other requirements of this Act notwithstanding, when
20    the State Fire Marshal  determines  that  reasonable  grounds
21    exist  to  indicate  that  a  violation  of this Act has been
22    committed and the violation is the third  separate  violation
23    by  that person in an 18-month period, the notice requirement
24    of subsection (a)  of this Section is waived  and  the  State
25    Fire  Marshal may proceed immediately with action to suspend,
26    revoke, or refuse to issue a license.
27        (d)  In any proceeding to suspend, revoke, or  refuse  to
28    issue  a license, the State Fire Marshal shall first serve or
29    cause to be served upon the licensee a written notice of  the
30    State  Fire Marshal's intent to take action. The notice shall
31    specify the way in which the person has failed to comply with
32    this Act or any other rules or standards of  the  State  Fire
33    Marshal.
34        (e)  In  the case of revocation or suspension, the notice
 
                            -12-           LRB9204041ACcdam01
 1    shall require the person to remove or abate the violation  or
 2    objectionable  condition  specified  in  the  notice within 5
 3    days. The State Fire Marshal may specify a longer  period  of
 4    time  as  it  deems necessary.  If the person fails to comply
 5    with the terms and conditions of the revocation or suspension
 6    notice within the time specified by the State  Fire  Marshal,
 7    the State Fire Marshal may revoke or suspend the license.
 8        (f)  In  the  case  of refusal to issue a license, if the
 9    person fails to comply with the Act  or  rules  or  standards
10    promulgated  under the Act, the State Fire Marshal may refuse
11    to issue a license.

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

28        Section 75. Subpoena powers; administration of oath.  The
29    State  Fire Marshal or hearing officer may compel by subpoena
30    or subpoena duces  tecum  the  attendance  and  testimony  of
31    witnesses  and  the  production  of  books  and  papers.  All
32    subpoenas issued by the State Fire Marshal or hearing officer
 
                            -13-           LRB9204041ACcdam01
 1    may be served as provided for in a civil action. The fees  of
 2    witnesses  for attendance and travel shall be the same as the
 3    fees for witnesses before the circuit court and shall be paid
 4    by the party at whose request the subpoena is issued. If such
 5    subpoena is issued at the request of the State Fire  Marshal,
 6    the witness fee shall be paid as an administrative expense.
 7        In  the case of refusal of a witness to attend or testify
 8    or to produce books or  papers  concerning  any  matter  upon
 9    which he or she might be lawfully examined, the circuit court
10    of  the county where the hearing is held, upon application of
11    any party to  the  proceeding,  may  compel  obedience  by  a
12    proceeding for contempt.
13        The  State  Fire  Marshal  or  hearing  officer  has  the
14    authority to administer oaths to witnesses.

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

24        Section 85.  Certification  of  record.  The  State  Fire
25    Marshal  is  not  required  to certify any record or file any
26    answer or otherwise appear in  any  proceeding  for  judicial
27    review  unless  the  party filing the complaint deposits with
28    the clerk of the  court  the  sum  of  one  dollar  per  page
29    representing  the  costs of the certification. Failure on the
30    part of the plaintiff to make the deposit  shall  be  grounds
31    for dismissal of the action.
 
                            -14-           LRB9204041ACcdam01
 1        Section    90.    Injunction.   Faulty   fire   sprinkler
 2    installation and repair is declared a violation of  this  Act
 3    and  inimical to the public health, welfare, and safety and a
 4    deceptive business practice. The State Fire Marshal,  in  the
 5    name of the people of the State, through the Attorney General
 6    or  the State's Attorney of the county in which the violation
 7    occurs may, in addition to other  remedies  herein  provided,
 8    bring  an action for an injunction to restrain such violation
 9    or enjoin the future performance of the person who  committed
10    the  violation  until  compliance with the provisions of this
11    Act has been obtained.

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

21        Section  100.  Administrative civil fines. The State Fire
22    Marshal is empowered to  assess  administrative  civil  fines
23    against  a  licensee for violations of this Act or its rules.
24    These fines  shall  not  be  greater  than  $1,000  for  each
25    offense.  These fines shall be in addition to, or in lieu of,
26    license  suspensions and revocations. Rules to implement this
27    Section shall be adopted by the State Fire Marshal  within  6
28    months after the effective date of this Act.
29        The  hearing  officer  shall,  upon  determination that a
30    violation of the Act or rules  has  occurred,  determine  the
31    amount  of these fines. Any fine assessed and not paid within
32    60 days after receiving notice of the  fine  from  the  State
 
                            -15-           LRB9204041ACcdam01
 1    Fire  Marshal  may  be  submitted  to  the Attorney General's
 2    office for collection. Failure to pay a fine  shall  also  be
 3    grounds  for  immediate suspension or revocation of a license
 4    issued under this Act.

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

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

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

29        Section 120. Grandfather clause. Any person  or  business
30    that,  as of the effective date of this Act, is installing or
 
                            -16-           LRB9204041ACcdam01
 1    repairing fire sprinkler systems in the State of Illinois and
 2    has a minimum of 3 years  of  experience  in  fire  sprinkler
 3    contracting  is  exempt  from  having  a designated certified
 4    person as required in Section 20.

 5        Section 999.  Effective date.  This Act takes effect upon
 6    becoming law.".

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