BILL NUMBER: SB 405 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 16, 2009
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 amended, 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
specialty 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 spinkler installation
on any project undertaken by the contractor that requires that
installation. The bill would set fourth the qualification for
employment as a fire sprinkler supervisor. any
commercial or residential fire sprinkler installation project
performed by a Class C-16 fire protection contractor to be under the
direct and immediate supervision, as defined, of a commercial fire
sprinkler supervisor, as defined, or a residential fire
sprinkler supervisor, as defined . The bill would
also, on and after January 1, 2011, require those
fire pr otection contractors to implement a
fire sprinkler installation training program for his or her
employees who are involved with the installation of fire sprinkler
systems their sprinkler fitters, as defined, and
supervisors , with specified exemptions. The bill would
also require a contractor to file, as specified, a description of
this training program with the State Fire Marshal. The bill
would require a contractor, upon request by state or local fire
authorities, to show proof of employee that
the contractor's sprinkler fitters and supervisors have received
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.
7026.13. (a) The following definitions shall apply
for the purposes of this section:
(1) "Direct and immediate supervision" means to be physically on
the project site while supervising others.
(2) "Sprinkler fitter" means a person, other than an apprentice as
defined in Section 3077 of the Labor Code or tradesperson, who
performs work on a fire sprinkler system.
(3) "Tradesperson" means a person employed by a fire protection
contractor to assist a sprinkler fitter or an apprentice as defined
in Section 3077 of the Labor Code with the installation of a fire
sprinkler system.
(4) "Residential system" means a fire sprinkler system subject to
the NFPA 13D Standard for the Sprinkler Systems in One- and
Two-Family Dwellings, Townhomes and Manufactured Homes as published
by the National Fire Protection Association.
(5) "Commercial fire sprinkler supervisor" means any of the
following:
(A) A person holding a journey worker certification from a state
or federal apprentice training program or other state or federal
training program of not less than 7,000 hours for the trade of fire
sprinkler fitting.
(B) A person with verifiable work experience of at least 7,000
hours of fire sprinkler installations and passage of any examination
offered pursuant to a program described in subdivision (d), (e), or
(f).
(C) A person named on a Class C-16 fire protection contractor
license.
(6) "Residential fire sprinkler supervisor" means any of the
following:
(A) A person holding a journey worker certification from a state
or federal apprentice training program or other state or federal
training program of not less than 4,000 hours for the trade of fire
sprinkler fitting.
(B) A person with verifiable work experience of at least 4,000
hours of residential system fire sprinkler installations and passage
of any examination offered pursuant to a program described in
subdivision (d), (e), or (f).
(C) A person named on a Class C-16 fire protection contractor
license.
(7) "Fire protection contractor" means a contractor licensed by
the state as a Class C-16 fire protection contractor as defined in
Section 832.16 of Title 16 of the California Code of Regulations.
(b) Any commercial fire sprinkler installation project performed
by a fire protection contractor pursuant to Section 7026.12 shall be
under the direct and immediate supervision of a commercial fire
sprinkler supervisor.
(c) Any residential system fire sprinkler installation project
performed by a fire protection contractor pursuant to Section 7026.12
shall be under the direct and immediate supervision of a commercial
fire sprinkler supervisor or a residential fire sprinkler supervisor.
(b) Every contractor licensed by the state as a Class C-16 fire
(d) Every fire protection
contractor shall implement and maintain a fire sprinkler installation
training program, and shall ensure that every employee
sprinkler fitter and supervisor described in (a) and
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.
(4) Notwithstanding paragraph (4), for a commercial fire sprinkler
fitter, training shall be at least 7,000 hours of combined classroom
and on-the-job training.
(5) Notwithstanding paragraph (d), for a residential fire
sprinkler fitter, training shall be at least 4,000 hours of combined
classroom and on-the-job training.
(c) Notwithstanding subdivision (b), any employee who has
(e) Notwithstanding subdivision (d),
any sprinkler fitter or supervisor described in subdivision (a) 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
(f) Notwithstanding subdivision (d),
any sprinkler fitter 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) that
subdivision
(g) Every fire protection contractor shall file electronically or
on paper a description of his or her training program with the State
Fire Marshal.
(e)
(h ) 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
sprinkler fitters and supervisors described in (a)
who are involved with fire sprinkler installations are trained
pursuant to the requirements set forth in subdivision (a) or
(b) (d), (e), or (f) .
(f)
(i) 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 fire sprinkler
installation.
(g)
(j ) 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)
(k ) Nothing in this section shall be deemed
to limit or restrict the practice of engineering by licensed or
certified professional engineers.
(i)
(l ) 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)
(m ) This section shall become operative on
January 1, 2011.
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