BILL NUMBER: SB 405 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Cogdill
FEBRUARY 26, 2009
An act to add Section 7026.13 to the Business and Professions
Code, relating to contractors.
LEGISLATIVE COUNSEL'S DIGEST
SB 405, as introduced, Cogdill. Contractors: fire sprinkler
installation.
The Contractors' State License Law provides for the licensing and
regulation of contractors by the Contractors' State License Board,
and authorizes the board to institute disciplinary actions for a
violation thereof. Existing law provides for special classifications
within the contracting business, including the C-16 fire protection
classification. Existing law prohibits a general contractor from
contracting for any project that includes a C-16 fire protection
classification unless he or she holds that license classification or
subcontracts with an appropriately licensed contractor.
This bill would, on and after January 1, 2011, require every
contractor licensed by the state as a Class C-16 fire protection
contractor to employ at least one fire sprinkler supervisor for the
purpose of supervising fire sprinkler installation on any project
undertaken by the contractor that requires that installation. The
bill would set forth the qualifications for employment as a fire
sprinkler supervisor. The bill would also, on and after January 1,
2011, require those contractors to implement a fire sprinkler
installation training program for his or her employees who are
involved with the installation of fire sprinkler systems, with
specified exemptions. The bill would require a contractor, upon
request by state or local fire authorities, to show proof of employee
training, and would provide that a violation of these provisions by
a contractor is grounds for disciplinary action.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 7026.13 is added to the Business and
Professions Code, to read:
7026.13. (a) Every contractor licensed by the state as a Class
C-16 fire protection contractor shall employ at least one fire
sprinkler supervisor for the purpose of supervising fire sprinkler
installation on any project undertaken by the contractor that
requires that installation. In order to be qualified as a fire
sprinkler supervisor, the employee shall have at least one of the
following:
(1) A journeyman certification from a state or federal apprentice
training program or other state or federal training program for the
trade of fire sprinkler fitting.
(2) Verifiable work experience of at least 7,000 hours of
commercial fire sprinkler installations and passage of any
examination offered pursuant to a program described in subdivision
(b), (c), or (d).
(3) Verifiable work experience of at least 4,000 hours of
residential fire sprinkler installations and passage of any
examination offered pursuant to a program described in subdivision
(b), (c), or (d).
(4) Possession of a Class C-16 fire protection contractor license.
(b) Every contractor licensed by the state as a Class C-16 fire
protection contractor shall implement and maintain a fire sprinkler
installation training program, and shall ensure that every employee
employed by the contractor not described under subdivision (a) who
installs fire protection systems on projects undertaken by the
contractor attends and passes a training program and examination. The
structure of the training program shall consist of, at a minimum,
all of the following:
(1) Identification of the entity, organization, or person
responsible for implementing the training program.
(2) The employer's system for identifying the necessary skills for
the installation of fire protection systems in accordance with all
applicable standards for the installation in residential, commercial,
and industrial environments.
(3) An objective basis for the measurement of the knowledge and
skill level associated with the installation of fire protection
systems.
(4) The minimum hours of instruction and on the job training
needed to comply with this subdivision, as determined by the employer
in accordance with industry standards or regulations, if adopted by
the board.
(c) Notwithstanding subdivision (b), any employee who has passed
any state approved or federally approved apprenticeship training
program in fire sprinkler installation, or other similar program of a
recognized or accredited school for vocational training, is deemed
to have satisfied the training requirements of that subdivision.
(d) Notwithstanding subdivision (b), any employee who is currently
enrolled in, or who has successfully graduated from, an
apprenticeship or training program in fire sprinkler fitting approved
by any state or the United States Department of Labor is deemed to
have satisfied the training requirements of subdivision (b).
(e) Upon request by a state or local fire authority having
jurisdiction over a contractor's jobsite, the contractor shall verify
that his or her onsite employees who are involved with fire
sprinkler installations are trained pursuant to the requirements set
forth in subdivision (a) or (b).
(f) This section shall have uniform force and effect throughout
the state. A city, county, or city and county may not enact an order,
ordinance, rule, or regulation requiring a person or organization to
obtain a certificate of registration or license from the city or
county or city and county for sprinkler installation.
(g) This section does not apply to any of the following:
(1) A person or organization that only sells or supplies products
or materials to a contractor.
(2) The installation or servicing of special agent fire
suppression systems installed in compliance with the National Fire
Protection Association's standards for the installation of those fire
suppression systems.
(3) Inspection activities conducted as part of an insurance or
engineering survey.
(4) Inspection activities performed by a government official as
part of code enforcement activities.
(5) Routine observation of the condition of fire sprinkler
equipment by the maintenance staff of an owner or tenant, excluding
mandatory five-year tests and certifications.
(h) Nothing in this section shall be deemed to limit or restrict
the practice of engineering by licensed or certified professional
engineers.
(i) Violations of this section shall constitute additional grounds
for disciplinary proceedings pursuant to Article 7 (commencing with
Section 7090), including suspension or revocation of the license of a
Class C-16 fire protection contractor.
(j) This section shall become operative on January 1, 2011.