BILL NUMBER: SB 886 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Corbett
FEBRUARY 18, 2011
An act to amend Section 7145.5 of the Business and Professions
Code, and to add Chapter 1.9 (commencing with Section 13200) to Part
2 of Division 12 of the Health and Safety Code, relating to fire
suppression.
LEGISLATIVE COUNSEL'S DIGEST
SB 886, as introduced, Corbett. Sprinkler fitters: licensing.
Existing law requires the State Fire Marshal to adopt and
administer regulations and building standards he or she deems
necessary in order to, among other things, establish and control a
program for servicing, testing, and maintaining all automatic fire
extinguishing systems, including fire sprinkler systems.
The Contractors' State License Law provides for the licensing and
regulation of contractors by the Contractors' State License Board.
Under that law, the registrar may refuse to issue, reinstate,
reactivate, or renew a license or may suspend a license for the
failure of a licensee to resolve all outstanding final liabilities,
which include taxes, additions to tax, penalties, interest, and any
fees that may be assessed by the board or other specified state
agencies.
This bill would specify that a license may be affected for failure
to resolve all outstanding financial liabilities, and would include
nonpayment of assessments of the State Fire Marshal among the
financial liabilities for which a license may be affected.
This bill would enact a comprehensive program for the
certification and regulation of sprinkler fitters, as defined, by the
State Fire Marshal. The bill would prohibit a person from performing
work on any fire suppression system, as defined, unless he or she
possesses a valid sprinkler fitter certificate issued by the State
Fire Marshal, and would prohibit a person or entity from employing a
person to perform work on a fire suppression system without that
certificate. The bill would provide for the issuance of, and would
set forth eligibility standards for, various certificates and
permits, and would require the State Fire Marshal to adopt a schedule
of fees in amounts necessary to cover the cost of administering and
enforcing these provisions.
This bill would provide for the enforcement of these provisions by
the State Fire Marshal, and would require the State Fire Marshal to
revoke or suspend a certificate or permit, or reprimand a certificate
holder or permitholder, for specified reasons. The bill would also
provide that a person licensed under the Contractors' State License
Law who violates these provisions would be subject to disciplinary
action by the Contractors' State License Board. The bill would
provide that a knowing and willful violation of these licensing and
regulatory provisions would be a misdemeanor. By creating a new
crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 7145.5 of the Business and Professions Code is
amended to read:
7145.5. (a) The registrar may refuse to issue, reinstate,
reactivate, or renew a license or may suspend a license for the
failure of a licensee to resolve all outstanding final
financial liabilities, which include taxes,
additions to tax, penalties, interest, and any fees that may be
assessed by the board, the Department of Industrial Relations, the
Employment Development Department, the State Fire Marshal,
or the Franchise Tax Board.
(1) Until the debts covered by this section are satisfied, the
qualifying person and any other personnel of record named on a
license that has been suspended under this section shall be
prohibited from serving in any capacity that is subject to licensure
under this chapter, but shall be permitted to act in the capacity of
a nonsupervising bona fide employee.
(2) The license of any other renewable licensed entity with any of
the same personnel of record that have been assessed an outstanding
liability covered by this section shall be suspended until the debt
has been satisfied or until the same personnel of record disassociate
themselves from the renewable licensed entity.
(b) The refusal to issue a license or the suspension of a license
as provided by this section shall be applicable only if the registrar
has mailed a notice preliminary to the refusal or suspension that
indicates that the license will be refused or suspended by a date
certain. This preliminary notice shall be mailed to the licensee at
least 60 days before the date certain.
(c) In the case of outstanding final
financial liabilities assessed by the Franchise Tax Board, this
section shall be operative within 60 days after the Contractors'
State License Board has provided the Franchise Tax Board with the
information required under Section 30, relating to licensing
information that includes the federal employee identification number
or social security number.
(d) All versions of the application for contractors' licenses
shall include, as part of the application, an authorization by the
applicant, in the form and manner mutually agreeable to the Franchise
Tax Board and the board, for the Franchise Tax Board to disclose the
tax information that is required for the registrar to administer
this section. The Franchise Tax Board may from time to time audit
these authorizations.
SEC. 2. Chapter 1.9 (commencing with Section 13200) is added to
Part 2 of Division 12 of the Health and Safety Code, to read:
CHAPTER 1.9. SPRINKLER FITTER CERTIFICATION ACT
13200. The Legislature finds and declares that:
(a) The types of fire suppression systems used in society and the
manner in which they are constructed and installed have a direct and
substantial impact on public health, safety, and the environment.
(b) Improper construction or installation of a fire suppression
system can be potentially lethal, cause serious damage to property,
and have other adverse effects on public health and safety.
(c) Establishing minimum standards for work performed on fire
suppression sprinkler systems, and criteria for the training,
testing, and certification of the persons performing work in the
sprinkler fitter trade, is essential to protecting public health and
safety.
13200.01. The following definitions apply for the purposes of
this chapter:
(a) "Direct and immediate supervision" means to be physically on
the project site while supervising others.
(b) "Fire suppression system" means an automatic or manual system
designed to protect occupants or structures from fire. "Fire
suppression system" includes, but is not limited to, a water
sprinkler system, water spray system, foam water system, foam-water
spray system, carbon dioxide system, foam extinguishing system, dry
chemical system, wet chemical system, halogenated system, and other
chemical systems used for fire protection. "Fire suppression system"
also includes sprinkler piping, risers, standpipes, aboveground
supply lines, tank heaters, hose connections to sprinkler systems,
air lines, thermal systems used in connection with sprinklers, and
pumps dedicated for fire suppression.
(c) "Sprinkler fitter" means a person, other than an apprentice
regulated under this chapter, who performs work on a fire suppression
system subject to the provisions of NFPA 13, Installation of
Sprinkler Systems, and NFPA 13R, Standard for the Installation of
Sprinkler Systems in Residential Occupancies Up To and Including Four
or More Stories in Height, as published by the National Fire
Protection Association.
(d) "Sprinkler fitter apprentice permit" means a permit issued
pursuant to Section 13200.04.
(e) "Sprinkler fitter apprenticeship program" means any
apprenticeship training program that is registered with and approved
by the United States Department of Labor, Bureau of Apprenticeship
and Training, in accordance with the requirements of Part 29 of Title
29 of the Code of Federal Regulations, or any state apprenticeship
agency, and consists of a minimum 8,000 hours of documented practical
experience of work on fire suppression systems, of which at least
700 of these hours are in related instruction, including classroom or
shop instruction in the sprinkler fitter trade.
(f) "Sprinkler fitter certificate" means a certificate issued to
a sprinkler fitter pursuant to Section 13200.03.
(g) "Work on a fire suppression system" means the onsite layout,
onsite fabrication, testing, inspection, certification, work, and
practice concerning the construction, installation, alteration, or
extension of fire suppression systems, and the servicing, testing, or
maintaining of automatic fire extinguishing systems under Chapter
1.8 (commencing with Section 13195), or the regulations adopted
pursuant to that chapter. "Work on a fire suppression system" shall
not include any of the following:
(1) Work performed on a fire alarm system, portable fire
extinguisher, or dry standpipe that is not connected to a fire
suppression system.
(2) Work performed on yard hydrants and underground water supply
lines up to the point the piping enters the building.
(3) Demolition work.
(4) Work performed on one- and two-family dwellings, and
manufactured homes as defined in the most recent edition of the
California Building Standards Code.
(5) An inspection or other service performed by a state or local
fire official.
13200.02. (a) A person shall not perform work on any fire
suppression system unless he or she possesses a valid sprinkler
fitter certificate issued by the State Fire Marshal, or possesses a
valid sprinkler fitter apprentice permit and is supervised by a
person holding a valid sprinkler fitter certificate issued by the
State Fire Marshal.
(b) A person shall not employ a person or cause or direct a person
to perform work on a fire suppression system unless the person
performing that work possesses either of the following:
(1) A valid sprinkler fitter certificate issued pursuant to this
Section 13200.03.
(2) A valid sprinkler fitter apprentice permit issued pursuant to
Section 13200.04, if he or she is directly or immediately supervised
by a holder of a valid sprinkler fitter certificate.
(c) A person or entity shall not contract to perform work on a
fire suppression system without holding a valid sprinkler fitter
certificate issued pursuant to this chapter or employing certified
sprinkler fitters as required by this chapter. Each employee of an
entity who physically performs work on a fire suppression system
shall hold the appropriate certificate or permit issued pursuant to
this chapter.
(d) A person shall not solicit, by sign, listing, or any other
form of advertisement, work regulated by this chapter unless he or
she has been certified in accordance with this chapter or employs
sprinkler fitters certified pursuant to this chapter.
(e) A person may work on a fire suppression system if he or she
holds a valid sprinkler fitter apprentice permit issued pursuant to
Section 13200.04, if the work performed is within the scope of the
permit and is under the direct and immediate supervision of a holder
of a valid sprinkler fitter certificate.
13200.03. (a) The State Fire Marshal shall award a sprinkler
fitter certificate to a person who files an application and pays the
application fee as established by the State Fire Marshal, and who
does any of the following:
(1) Provides evidence demonstrating that he or she has
successfully completed an approved sprinkler fitter apprenticeship
program, and takes and passes an examination as established by the
State Fire Marshal.
(2) Provides evidence demonstrating that he or she has
successfully completed a plumbing or pipefitters apprenticeship
program approved by the Department of Industrial Relations, Division
of Apprenticeship Standards, on or before January 1, 2012, and takes
and passes an examination as established by the State Fire Marshal.
(3) Establishes that he or she holds a valid C-16 license as a
fire protection contractor, as set forth in Section 832.16 of Title
16 of the California Code of Regulations, and takes and passes a
written examination given by the State Fire Marshal.
(4) Satisfies the requirements of Section 13200.05 or 13200.06.
(b) (1) Each person holding a sprinkler fitter certificate shall,
after the completion of one year following his or her initial
certification, annually complete a minimum of eight hours of skill
training related specifically to the installation of fire suppression
systems.
(2) Courses for the training required by this subdivision shall be
preapproved by the State Fire Marshal.
(c) A sprinkler fitter certificate shall be valid for a period of
one year from date of issuance.
(d) The State Fire Marshal shall renew for a period of one year a
sprinkler fitter certificate that is valid and in good standing upon
receiving a completed renewal application, proof of completion of at
least eight hours of continuing education for that period in
accordance with subdivision (c), and a renewal fee as determined by
the State Fire Marshal.
(e) The State Fire Marshal shall issue a photo identification card
to each person who receives a sprinkler fitter certificate or a
sprinkler fitter apprentice permit. Each certificate holder or permit
holder shall maintain the photo identification card in his or her
possession at all times when performing work on a fire suppression
system.
13200.04. (a) A person who does not possess a valid sprinkler
fitter certificate may obtain a sprinkler fitter apprentice permit if
the person does both of the following:
(1) Files an application and pays an application fee as
established by the State Fire Marshal.
(2) Provides evidence to the State Fire Marshal, in a form
acceptable to the State Fire Marshal, that he or she is enrolled in
and attending an approved fire sprinkler fitter apprenticeship
program of a federally approved apprenticeship agency that complies
with the requirements of Part 29 of Title 29 of the Code of Federal
Regulations, any sprinkler fitter apprenticeship program approved by
the State Fire Marshal, or a plumbing or pipefitters apprenticeship
program approved by the Department of Industrial Relations, Division
of Apprenticeship Standards.
(b) A sprinkler fitter apprentice permit shall be valid for a
period of three years from date of issuance.
(c) The State Fire Marshal shall renew for a period of up to three
years a sprinkler fitter apprentice permit if the permit is valid
and in good standing and the State Fire Marshal has received a
completed renewal application and a renewal fee as determined by the
State Fire Marshal.
(d) A sprinkler fitter apprentice permit shall remain valid only
while the holder is enrolled in an approved apprenticeship program.
13200.05. The State Fire Marshal shall issue a sprinkler fitter
certificate, without examination, to a person who satisfies the
following requirements:
(a) Files an application and pays an application fee as
established by the State Fire Marshal.
(b) Provides evidence acceptable to the State Fire Marshal that he
or she is a currently practicing, competent sprinkler fitter who
holds a similar authorization granted by a state with qualification
requirements that are substantially similar to, or greater than,
those established under this chapter, provided that the state grants
authorization to any competent person holding a certificate.
13200.06. (a) The State Fire Marshal shall issue a sprinkler
fitter certificate, without examination, to any person who, on or
before June 30, 2012, submits the necessary certification application
to the State Fire Marshal, pays all required fees, and submits
evidence acceptable to the State Fire Marshal that he or she has done
any of the following:
(1) Successfully completed any state or federally approved
sprinkler fitter apprenticeship program.
(2) Performed at least 8,000 hours of documented practical
experience of work on fire suppression systems within the past five
years.
(3) Successfully completed a plumbing or pipefitters
apprenticeship program approved by the Department of Industrial
Relations, Division of Apprenticeship Standards on or before January
1, 2012.
(b) A certificate issued pursuant to this section shall expire on
December 31, 2012, and thereafter be renewed in accordance with the
act.
13200.07. (a) The State Fire Marshal shall maintain a central
registry of the names of all persons to whom it has issued sprinkler
fitter certificates and sprinkler fitter apprentice permits.
(b) The certificate and permit registry shall be maintained on a
publicly accessible Internet Web site and shall be updated on a
monthly basis.
13200.08. (a) The State Fire Marshal shall adopt a schedule of
fees to be paid by holders of certificates and permits in amounts
that are determined by the State Fire Marshal to be necessary to
cover the cost of administering and enforcing the provisions of this
chapter. Any city or county fire department, or any district
providing fire protection services, may adopt a schedule of fees as
required to cover the cost of enforcing the provisions of this
chapter.
(b) Original and renewal certificates and permits shall be valid
for the period from January 1 to December 31. The annual renewal
period shall begin on September 1 and end on November 1 preceding the
year for which the renewal is requested. A penalty of 50 percent of
the certificate or permit fee shall be assessed in all cases in which
the renewal fees are not paid on or before the November 1 preceding
the year for which renewal is requested.
(c) All original and renewal fees collected pursuant to this
section shall be deposited in the State Fire Marshal Licensing and
Certification Fund established pursuant to Section 13137 and shall be
available, upon appropriation by the Legislature, only for the
purposes specified in this chapter.
13200.09. It shall be unlawful and a violation of this chapter
for any person to do any of the following:
(a) Perform work on a fire suppression system without possessing a
valid sprinkler fitter certificate or a sprinkler fitter apprentice
permit.
(b) Employ a person, or cause or direct a person, to perform work
on a fire suppression system unless the person performing that work
holds a sprinkler fitter certificate or sprinkler fitter apprentice
permit.
(c) Engage in other conduct prohibited by Section 13200.02.
(d) Obtain a certificate or permit pursuant to this chapter
through error, fraud, or intentional or reckless misrepresentation.
(e) Impersonate another person, use an expired or revoked
certificate or permit, or use a sprinkler fitter apprentice permit
when the holder is not enrolled in an approved apprenticeship
program.
(f) Give false or forged evidence of any kind to the State Fire
Marshal or any employee thereof in an application for the issuance or
renewal of a certificate or permit.
(g) Knowingly or recklessly make a material false statement
regarding a person's certificate or permit status with intent to
influence, persuade, or induce an individual to contract for services
regulated under this chapter.
13200.10. (a) The requirements of this chapter shall be enforced
by the State Fire Marshal pursuant to Sections 13145 and 13146.
(b) The State Fire Marshal may inspect project worksites where
work on fire suppression systems is being performed to ensure that
persons performing that work possess valid certificates or permits as
required by this chapter. The State Fire Marshal shall require
persons performing that work to provide proof of applicable
certificates or permits and shall maintain records of inspections
conducted for this purpose.
(c) In any circumstance in which the State Fire Marshal determines
that work on fire suppression systems is being performed in
violation of this chapter, he or she shall issue or cause to be
issued a stop work order requiring that work to cease. The work shall
not be resumed until a full investigation has been undertaken and
verification has been made that all work on the fire suppression
system in question has been performed by duly authorized persons.
13200.11. (a) The State Fire Marshal shall revoke or suspend a
sprinkler fitter certificate or sprinkler fitter apprentice permit,
or reprimand a certificate holder or permitholder, for incompetence
or for any violation of this chapter or of rules or regulations of
the State Fire Marshal issued pursuant to this chapter.
(b) (1) Any person who violates any provision of this chapter or
any applicable rule, regulation, permit or other order of the State
Fire Marshal shall be subject to a civil penalty of not less than
five hundred dollars ($500) and not more than one thousand dollars
($1,000) for each act or violation.
(2) Each day a person performs work on a fire suppression system
without a valid sprinkler fitter certificate or apprentice permit
shall constitute a separate violation.
(c) Any person licensed under Chapter 9 (commencing with Section
7000) of Division 3 of the Business and Professions Code who violates
any provision of this chapter shall be subject to Section 7110 of
the Business and Professions Code and, accordingly, shall be subject
to disciplinary action by the Contractors' State License Board.
(d) A person who knowingly or willfully violates this chapter or
any applicable rule or regulation adopted pursuant to this chapter
shall be guilty of a misdemeanor.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.