Amended in Senate June 10, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 433

Introduced by Assembly Member Gordon

February 15, 2013

An act to amend Sections 7026.12 and 7057 of begin insert , and to add and repeal Section 7026.13 of, end insert the Business and Professions Code, begin insert and to add Section 13110 to the Health and Safety Code, end insert relating to contractors.

LEGISLATIVE COUNSEL’S DIGEST

AB 433, as amended, Gordon. Contractors: fire protection begin delete systems. end delete begin insert systems: fire safety: State Fire Marshal. end insert

The Contractors’ State License Law provides for the licensure and regulation of contractors by the Contractors’ State License Board within the Department of Consumer Affairs. Existing law provides that the installation of a fire protection system may be performed only by a contractor holding a fire protection contractor classification, or by an owner-builder of an owner-occupied, single-family dwelling, as specified.

This bill would additionally authorize begin insert , until January 1, 2017, end insert the installation of a residential fire protection system for a one- or 2-family dwelling by a contractor holding a fire protection contractor classification or a plumbing contractor classification, as defined in the regulations of the board. begin delete The end delete

begin insert

Existing law requires the Office of the State Fire Marshal to be administered by the State Fire Marshal. Existing law authorizes the State Fire Marshal to adopt regulations in specified circumstances and requires the State Fire Marshal to aid in the enforcement of building standards adopted by the State Fire Marshal and published in the State Building Standards Code relating to fires or to fire prevention and protection.

end insert begin insert

This bill would authorize the State Fire Marshal to propose, adopt, and administer the regulations and building standards that he or she deems necessary in order to ensure fire safety in buildings and structures and would specify that those building standards are subject to certain requirements.

end insert

begin insert The end insert bill would make begin delete a end delete conforming begin delete change. end delete begin insert changes. end insert

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 7026.12 of the Business and Professions
Code is amended to read:

7026.12.  

begin delete (a) end delete begin delete   end delete Except as provided in begin delete subdivision (b) end delete begin insert Section
7026.13 end insert , the installation of a fire protection system, excluding an
electrical alarm system, shall be performed only by either of the
following:

begin delete

(1)

end delete

begin insert (a) end insert  A contractor holding a fire protection contractor
classification, as defined in the regulations of the board.

begin delete

(2)

end delete

begin insert (b) end insert  An owner-builder of an owner-occupied, single-family
dwelling, if not more than two single-family dwellings on the same
parcel are constructed within one year, plans are submitted to, and
approved by, the city, county, or city and county authority, and
the city, county, or city and county authority inspects and approves
the installation.

begin delete

(b) A residential fire protection system for a one- or two-family
dwelling may be installed by a contractor holding a fire protection
contractor classification or a plumbing contractor classification,
as defined in the regulations of the board. A “one- or two-family
dwelling” is a residential group R-3 occupancy, as defined in
Section 310.1 of Part 2 of Title 24 of the California Building Code.

end delete

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 7026.13 is added to the end insert begin insert Business and
Professions Code end insert begin insert , to read: end insert

begin insert

begin insert 7026.13. end insert   

(a) A residential fire protection system, excluding
an electrical alarm system, for a one- or two-family dwelling may
be installed by a contractor holding a fire protection contractor
classification or a plumbing contractor classification, as defined
in the regulations of the board. A “one- or two-family dwelling”
is a residential group R-3 occupancy, as defined in Section 310.1
of Part 2 of Title 24 of the California Building Code.

(b) This section shall remain in effect only until January 1, 2017,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2017, deletes or extends that date.

end insert

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

Section 7057 of the Business and Professions Code is
amended to read:

7057.  

(a) Except as provided in this section, a general building
contractor is a contractor whose principal contracting business is
in connection with any structure built, being built, or to be built,
for the support, shelter, and enclosure of persons, animals, chattels,
or movable property of any kind, requiring in its construction the
use of at least two unrelated building trades or crafts, or to do or
superintend the whole or any part thereof.

This does not include anyone who merely furnishes materials
or supplies under Section 7045 without fabricating them into, or
consuming them in the performance of, the work of the general
building contractor.

(b) A general building contractor may take a prime contract or
a subcontract for a framing or carpentry project. However, a general
building contractor shall not take a prime contract for any project
involving trades other than framing or carpentry unless the prime
contract requires at least two unrelated building trades or crafts
other than framing or carpentry, or unless the general building
contractor holds the appropriate license classification or
subcontracts with an appropriately licensed contractor to perform
the work. A general building contractor shall not take a subcontract
involving trades other than framing or carpentry, unless the
subcontract requires at least two unrelated trades or crafts other
than framing or carpentry, or unless the general building contractor
holds the appropriate license classification. The general building
contractor shall not count framing or carpentry in calculating the
two unrelated trades necessary in order for the general building
contractor to be able to take a prime contract or subcontract for a
project involving other trades.

(c) A general building contractor shall not contract for any
project that includes a fire protection system as provided for in
Section 7026.12 begin insert or 7026.13 end insert , or the “C-57” Well Drilling
classification as provided for in Section 13750.5 of the Water
Code, unless the general building contractor holds the appropriate
license classification, or subcontracts with the appropriately
licensed contractor.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 13110 is added to the end insert begin insert Health and Safety Code end insert begin insert ,
to read: end insert

begin insert

begin insert 13110. end insert   

Notwithstanding any other provision of this part, the
State Fire Marshal may propose, adopt, and administer the
regulations and building standards that he or she deems necessary
in order to ensure fire safety in buildings and structures within
this state including regulations related to construction,
modification, installation, operation, and maintenance. Building
standards shall be submitted to the State Building Standards
Commission for approval pursuant to Chapter 4 (commencing
with Section 18935) of Part 2.5 of Division 13.

end insert