BILL ANALYSIS
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|Hearing Date:April 27, 2009 |Bill No:SB |
| |405 |
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SENATE COMMITTEE ON BUSINESS, PROFESSIONS
AND ECONOMIC DEVELOPMENT
Senator Gloria Negrete McLeod, Chair
Bill No: SB 405Author:Cogdill
As Amended: April 16, 2009 Fiscal:Yes
SUBJECT: Contractors: fire sprinkler installation.
SUMMARY: Requires 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 of a
commercial fire sprinkler supervisor or a residential fire sprinkler
supervisor. Also requires fire protection contractors to implement a
fire sprinkler installation training program for their sprinkler
fitters and supervisors with specified exemptions. Requires
contractors to file a description of this training program with the
State Fire Marshal and upon request by state or local fire authorities,
requires the contractor to show proof that the contractor's sprinkler
fitters and supervisors have received training. States that a
violation of these provisions could be subject to disciplinary action.
Existing law:
1)Provides for the licensing and regulation of the State's 250,000
contractors by the Contractors' State License Board (CSLB), and
authorizes the board to institute disciplinary actions for a
violation thereof.
2)Provides for specialty classifications within the contracting
business, including the C-16 fire protection classification.
3)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.
4)Requires the installation of a fire protection system to be performed
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only by a contractor holding a fire protection contractor
classification.
5)Does not mandate a system of training or supervision for individual
fire sprinkler installers who work under a licensed fire protection
contractor.
This bill:
1)Defines the following terms:
a) "Direct and immediate supervision" means to be physically on
the project site while supervising others.
b) "Sprinkler fitter" means a person, other than an apprentice
defined as specified in the Labor Code or tradesperson, who
performs work on a fire sprinkler system.
c) "Tradesperson" means a person employed by a fire protection
contractor to assist a sprinkler fitter or an apprentice defined
as specified in the Labor Code with the installation of a fire
sprinkler system.
d) "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.
e) "Commercial fire sprinkler supervisor" means any of the
following:
i) 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.
ii) 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 this
bill.
iii) A person named on a Class C-16 fire protection contractor
license.
f) "Residential fire sprinkler supervisor" means any of the
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following:
i) 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.
ii) 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 this bill.
iii) A person named on a Class C-16 fire protection contractor
license.
g) "Fire protection contractor" means a contractor licensed by the
state as a Class C-16 fire protection contractor as defined in
CSLB regulations (Section 832, 16 of Title 16 of the California
Code of Regulations).
2)Requires any commercial fire sprinkler installation project performed
by a fire protection contractor pursuant to the Business and
Professions Code (BPC) to be under the direct and immediate
supervision of a commercial fire sprinkler supervisor.
3)Requires any residential system fire sprinkler installation project
performed by a fire protection contractor pursuant to the BPC to be
under the direct and immediate supervision of a commercial fire
sprinkler supervisor or a residential fire sprinkler supervisor.
4)Requires every fire protection contractor to implement and maintain a
fire sprinkler installation training program, and ensure that every
sprinkler fitter and supervisor employed by the contractor attends
and passes a training program and examination.
5)Establishes the structure of the training program to consist of, at a
minimum, all of the following:
a) Identification of the entity, organization, or person
responsible for implementing the training program.
b) 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.
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c) An objective basis for the measurement of the knowledge and
skill level associated with the installation of fire protection
systems.
d) For a commercial fire sprinkler fitter, training shall be at
least 7,000 hours of combined classroom and on-the-job training.
e) For a residential fire sprinkler fitter, training shall be at
least 4,000 hours of combined classroom and on-the-job training.
6)Recognizes any sprinkler fitter and supervisor 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 as having
satisfied the requirements of the fire sprinkler installation
training program.
7)Recognizes 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 as having satisfied the requirements of
the fire sprinkler installation training program.
8)Requires every fire protection contractor to file electronically or
on paper a description of his or her training program with the State
Fire Marshal.
9)Requires 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.
10)Establishes uniform force and effect of this statute throughout the
state and prohibits a city, county, or city and county from enacting
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.
11)Exempts the following from the provisions put forth by this bill:
a) A person or organization that only sells or supplies products
or materials to a contractor.
b) 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
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suppression systems.
c) Inspection activities conducted as part of an insurance or
engineering survey.
d) Inspection activities performed by a government official as
part of code enforcement activities.
e) 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.
12) Establishes that no provision of this bill is deemed to limit or
restrict the practice of engineering by licensed or certified
professional engineers.
13) Makes the provisions of this bill operative on January 1, 2011.
FISCAL EFFECT: Unknown. This bill has been keyed "fiscal" by
Legislative Counsel.
COMMENTS:
1.Purpose. According to the Sponsor, California Chapters of the
American Fire Sprinkler Association , the purpose of this bill is to
set minimum standards for the training and supervision of fire
sprinkler fitters. Changes in building standards are likely to lead
to an increase in the number of people employed in the fire sprinkler
installation industry. Currently there is no law in place to ensure
that the systems are installed in a manner that will enhance the
safety of those who reside and work in buildings that are fitted with
these systems.
The Sponsor asserts that while it is unnecessary and impractical to
license very person who works in the industry, requiring fire
protection contractors to develop training and supervision programs
will help ensure that fire sprinkler systems are installed properly.
2.Background. The adoption of amendment RB64-07/08 to the
International Residential Code (IRC) by the International Code
Council in Minneapolis, MN, on September 21, 2008, mandates the
installation of fire sprinklers in all one and two family residential
dwellings and townhouses effective January 1, 2011. As a result of
this action, it is likely that local jurisdictions will adopt similar
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standards in the coming 6 years.
Although its impact will not be realized immediately, the next 2 to 5
years will see substantial growth in the sprinkler industry as
jurisdictions adopt and enforce the 2009 edition of the IRC.
Recent research suggests that (based on the 40 year average of
completed single family dwelling) the residential fire sprinkler
industry will require an additional 2,700 layout technicians, 7,100
installers, and more that 1,300 Authority Having Jurisdiction (AHJ)
plan reviewers and inspectors to do the work. Fortunately, all
11,100 positions will not be needed at the outset but the industry
must begin recruiting and training now to meet the demand as it
develops.
3.Arguments in Support. The Association of Builders and Contractors of
California believes that the approach taken in this measure would
help to ensure all fire sprinkler fitters are either qualified to be
supervisors or getting the necessary training needed to become
supervisors. The provisions of the bill are also said to establish
regulation of fire sprinkler fitters without unnecessarily
restricting entry to the trade or employment in the trade.
Citing that there are currently over 2,000 licensed fire sprinkler
contractors in California, SHASTA Fire Protection Inc. states that
"not all of these contractors participate in a recognized program of
apprenticeship or continuing education for their employees." They
argue that while individual licensing of every fitter employed in the
installation of fire systems would be impractical and of significant
cost to the state, it is important to public safety and consumers of
fire protection systems to expect that licensed fire sprinkler
contractors provide appropriate training and supervision of their
employees. SHASTA believes that this bill establishes minimum
supervision and training requirements for fire sprinkler contractors
(C-16) and that it would ensure that the fire sprinkler industry is
adequately prepared for the increase in work resulting from
residential sprinkler requirements and that the industry takes
responsibility for mandating training and supervision for fire
sprinkler fitters.
4.Arguments in Opposition. The Sprinkler Fitter Association of
California (SFAC) and the California State Pipe Trades Council argue
that fire sprinklers save lives and property only if they work
properly when they are needed. According to these parties, this bill
places the responsibility of certification on the CSLB, which is
established and designed to respond to and to investigate complaints
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brought forth to it by various methods, mainly citizen complaints.
Moreover, because regular inspection of fire sprinkler systems at
various intervals during their installation process are required to
ensure that these life safety systems operate properly during a
critical time when they are needed, the task requires a local agency
equipped to ensure compliance with applicable codes and installer
qualifications. The opposition holds that the bill fails to
recognize this fact because it neglects to provide an inspection
component. Moreover, for a number of reasons the bill is also
thought to leave too much authority with the industry instead of
government.
The SFAC and California State Pipe Trades Council identified the
following deficiencies in the bill:
Applies only to fire sprinklers, and not to specialized
fire suppression systems, such as dry chemical systems, etc.
Only requires the sprinkler fitter to pass any examination
of any training program. Does not specify the type of
examination, and does not require a state examination to
determine actual knowledge of California laws and regulations,
only that the fitter pass some examination.
Permits the fitter to attend and complete state-approved
training programs of other states, but does not require the
graduate to take and pass a State of California approved
examination to determine if the fitter has sufficient knowledge
to install sprinkler safety life systems.
Does not require standardized certification or permit to
determine who is, and who is not a "competent fire sprinkler
supervisor". The bill states that upon request by the local
fire authority, the sprinkler contractor shall verify that his
or her onsite employees are trained pursuant to the requirements
set forth in the measure. However, without the requirement of
an identification card makes it discretionary for the
contractor, in that they can use any method they choose to
fulfill this requirement, placing the burden on the local fire
authority to determine if the onsite fitters have adequate
training. The contractor can essentially "dump" a bunch of
certificates and what not on the lap of the fire authority.
This lack of uniformity places a significant burden on already
case strapped local fire agencies.
Prohibits local authorities from adopting more stringent
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standards.
Contains no provisions for continuing education to ensure
that those who install fire sprinklers have knowledge of current
standards.
Does not contain a specified number of hours for classroom
training.
Has the potential to permit over 1500 different training
programs.
Requires the C-16 contractor to file his or her training
program with the Fire Marshal; however, requires nothing
further. The State Fire Marshal must merely accept any program
submitted. Nor does SB 405 specify any funding for the State
Fire Marshal to maintain this newly added responsibility.
According to the California Labor Federation , "California, like many
states does not currently require that all fire sprinkler installers
have proper training to undertake such work. Rather than requiring a
uniform qualification standard for all fire sprinkler fitters, this
measure would allow a patchwork of programs, standards, and
certifications to proliferate across California. Without an adequate
and uniformly applied minimum qualification standard, any
"certification" is meaningless. Moreover, the legislation would
prohibit local bodies from adopting more stringent standards,
preventing them from implementing rigorous guidelines even within
their own jurisdictions."
1.Oppose Unless Amended. The Contractors State License Board (CLSB)
believes that this bill assigns a regulatory responsibility to CSLB
that is incompatible with current operations, and for which the
agency does not have adequate resources or expertise. More
specifically, existing law requires CSLB operations to regulate
contractor activities that are more directly related to consumer
protection through the contractor-consumer relationship, such as:
Determining if a contractor has violated workmanship
standards.
Determining contractor compliance with architectural
plans and specifications.
Contractor compliance with contract obligations.
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Although the Contractors' State License law authorizes CSLB to
discipline contractors who do not comply with state laws that govern
the employer-employee relationship (Labor Code violations). Such
disciplinary actions against contractors by the CSLB are based on the
findings of the appropriate labor agencies (Division of Industrial
Relations, Employment Development Department, etc.). It is on the
grounds of this apparent incompliance with existing law to that point
that the CSLB opposes this measure and seeks its amendment.
1.Related Legislation. AB 660 (Toricco) would require the State Fire
Marshall to certify anyone who installs or modifies an automatic fire
extinguishing system. That bill has been double referred to the
Assembly Committee on Governmental Organization, and the Assembly
Committee on Business and Professions, and is awaiting hearing.
AB 2288 (Torrico, 2008) would have required the State Fire Marshall to
certify anyone who installs or modifies an automatic fire
extinguishing system. The measure was vetoed by the Governor.
SUPPORT AND OPPOSITION:
Support:
California Chapters of the American Fire Sprinkler Association
(Sponsor)
Association of Builders and Contractors of California
Automatic Fire Sprinklers, Inc.
California Association of Life Safety and Fire Equipment (CALSAFE)
FireMaster: Master Protection Corporation
SHASTA Fire Protection, Inc.
Opposition:
California Labor Federation
California Professional Firefighters
California State Pipe Trades Council
Fire Sprinkler Advisory Board
Sprinkler Fitter Association of California
Opposition Unless Amended:
Contractors State License Board (Expressed willingness to work
with Author and Sponsor to draft amendments that will bring the
bill more in line with existing law.)
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Consultant:Yuliya Zeynalova