Amended in Senate August 13, 2013

Amended in Senate June 10, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 433


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: 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.begin insert The bill would also state the intent of the Legislature with respect to these matters.end 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.

This bill would authorize the State Fire Marshal to propose, adopt, and administer the regulationsbegin delete and building standardsend delete that he or she deems necessary in order to ensure fire safety in buildings and structures and wouldbegin delete specify that thoseend deletebegin insert require regulations that areend insert building standardsbegin delete are subject to certain requirementsend deletebegin insert to be submitted to the State Building Standards Commission for approval. The bill would authorize the State Fire Marshal to establish and collect reasonable fees to implement these provisionsend insert.

The bill would make conforming changes.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

P2    1

SECTION 1.  

Section 7026.12 of the Business and Professions
2Code
is amended to read:

3

7026.12.  

Except as provided in Section 7026.13, the installation
4of a fire protection system, excluding an electrical alarm system,
5shall be performed only by either of the following:

6(a) A contractor holding a fire protection contractor
7classification, as defined in the regulations of the board.

8(b) An owner-builder of an owner-occupied, single-family
9dwelling, if not more than two single-family dwellings on the same
10parcel are constructed within one year, plans are submitted to, and
11approved by, the city, county, or city and county authority, and
12the city, county, or city and county authority inspects and approves
13the installation.

14

SEC. 2.  

Section 7026.13 is added to the Business and
15Professions Code
, to read:

16

7026.13.  

(a) A residential fire protection system, excluding
17an electrical alarm system, for a one- or two-family dwelling may
18be installed by a contractor holding a fire protection contractor
19classification or a plumbing contractor classification, as defined
20in the regulations of the board. A “one- or two-family dwelling”
P3    1is a residential group R-3 occupancy, as defined in Section 310.1
2of Part 2 of Title 24 of the California Building Code.

begin insert

3(b) It is the intent of the Legislature that this section apply to
4the installation of fire protection system components within a one-
5or two-family dwelling and outside the dwelling up to the utility
6meter for the property.

end insert
begin delete

7(b)

end delete

8begin insert(c)end insert This section shall remain in effect only until January 1, 2017,
9and as of that date is repealed, unless a later enacted statute, that
10is enacted before January 1, 2017, deletes or extends that date.

11

SEC. 3.  

Section 7057 of the Business and Professions Code is
12amended to read:

13

7057.  

(a) Except as provided in this section, a general building
14contractor is a contractor whose principal contracting business is
15in connection with any structure built, being built, or to be built,
16for the support, shelter, and enclosure of persons, animals, chattels,
17or movable property of any kind, requiring in its construction the
18use of at least two unrelated building trades or crafts, or to do or
19superintend the whole or any part thereof.

20This does not include anyone who merely furnishes materials
21or supplies under Section 7045 without fabricating them into, or
22consuming them in the performance of, the work of the general
23building contractor.

24(b) A general building contractor may take a prime contract or
25a subcontract for a framing or carpentry project. However, a general
26building contractor shall not take a prime contract for any project
27involving trades other than framing or carpentry unless the prime
28contract requires at least two unrelated building trades or crafts
29other than framing or carpentry, or unless the general building
30contractor holds the appropriate license classification or
31subcontracts with an appropriately licensed contractor to perform
32the work. A general building contractor shall not take a subcontract
33involving trades other than framing or carpentry, unless the
34subcontract requires at least two unrelated trades or crafts other
35than framing or carpentry, or unless the general building contractor
36holds the appropriate license classification. The general building
37contractor shall not count framing or carpentry in calculating the
38two unrelated trades necessary in order for the general building
39contractor to be able to take a prime contract or subcontract for a
40project involving other trades.

P4    1(c) A general building contractor shall not contract for any
2project that includes a fire protection system as provided for in
3Section 7026.12 or 7026.13, or the “C-57” Well Drilling
4classification as provided for in Section 13750.5 of the Water
5Code, unless the general building contractor holds the appropriate
6license classification, or subcontracts with the appropriately
7licensed contractor.

8

SEC. 4.  

Section 13110 is added to the Health and Safety Code,
9to read:

10

13110.  

begin insert(a)end insertbegin insertend insert Notwithstanding any other provision of this part,
11the State Fire Marshal may propose, adopt, and administer the
12regulationsbegin delete and building standardsend delete that he or she deems necessary
13in order to ensure fire safety in buildings and structures within this
14state including regulations related to construction, modification,
15installation,begin insert testing, inspection, labeling, listing, certification,
16registration, licensing, reporting,end insert
operation, and maintenance.
17begin delete Buildingend deletebegin insert Regulations that are building end insert standards shall be
18submitted to the State Building Standards Commission for approval
19pursuant to Chapter 4 (commencing with Section 18935) of Part
202.5 of Division 13.

begin insert

21(b) The Office of the State Fire Marshal may establish and
22collect reasonable fees necessary to implement this section,
23consistent with Section 3 of Article XIII A of the California
24Constitution.

end insert


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