BILL NUMBER: AB 433 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 10, 2013
INTRODUCED BY Assembly Member Gordon
FEBRUARY 15, 2013
An act to amend Sections 7026.12 and 7057 of , and to add and
repeal Section 7026.13 of, the Business and Professions Code,
and to add Section 13110 to the Health and Safety Code,
relating to contractors.
LEGISLATIVE COUNSEL'S DIGEST
AB 433, as amended, Gordon. Contractors: fire protection
systems. systems: fire safety: State Fire Marshal.
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 , until January 1,
2017, 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.
The
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.
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.
The bill would make a conforming
change. changes.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . 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. (a) Except as
provided in subdivision (b) Section 7026.13
, the installation of a fire protection system, excluding an
electrical alarm system, shall be performed only by either of the
following:
(1)
(a) A contractor holding a fire protection contractor
classification, as defined in the regulations of the board.
(2)
(b) 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.
(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.
SEC. 2. Section 7026.13 is added to the
Business and Professions Code , to read:
7026.13. (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.
SEC. 2. SEC. 3. 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 or 7026.13 , 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.
SEC. 4. Section 13110 is added to the
Health and Safety Code , to read:
13110. 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.