BILL ANALYSIS Ó
AB 433
Page 1
Date of Hearing: April 2, 2013
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Richard S. Gordon, Chair
AB 433 (Gordon) - As Introduced: February 15, 2013
SUBJECT : Contractors: fire protection systems.
SUMMARY : Authorizes licensed plumbing contractors to install
residential fire protection systems for single- and two-family
homes, and makes other technical and clarifying amendments.
EXISTING LAW :
1)Provides for the licensing and regulation of construction
contractors by the Contractors' State License Board (CSLB)
within the Department of Consumer Affairs. (Business and
Professions Code [BPC] Section 7000, et seq.)
2)Requires the installation of a fire protection system,
excluding an electrical alarm system, to be performed only by
contractor holding a fire protection contractor classification
as defined in CSLB regulations or by an owner-builder of an
owner-occupied, single-family dwelling, as specified, if the
local authority approves and inspects the installation. (BPC
7026.12)
3)Authorizes a plumbing contractor to perform work, as
specified, to provide for a supply of safe water, ample in
volume and of suitable temperature for the purpose intended
and the proper disposal of fluid waste from the premises in
all structures and fixed works. (California Code of
Regulations, Title 16, Division 8, Article 3, Section 832.36)
4)Requires the State Fire Marshal (SFM) to adopt and administer
regulations and building standards in order to establish and
control a program for servicing, testing, and maintaining all
automatic fire extinguishing systems, including, but not
limited to, fire sprinkler systems. (Health and Safety Code
Section 13195)
FISCAL EFFECT : None. This bill is keyed non-fiscal by the
Legislative Counsel.
AB 433
Page 2
COMMENTS :
1)Purpose of this bill . The California Building Standards Code
(Code) requires fire protection systems to be installed in all
new single- and two-family homes, beginning January 1, 2011.
This bill aims to expand the pool of licensed contractors who
can install residential fire sprinklers under the new Code
requirements by authorizing licensed plumbing contractors to
perform residential installations in addition to the licensed
fire protection contractors currently authorized to do the
work. This bill is sponsored by the California Building
Industry Association (CBIA).
2)Author's statement . According to the author, "The [Code]
requirement increased the need for residential fire sprinkler
design and installation, but did not increase access to
professionals that can legally provide the service. Existing
law provides that the installation of a fire protection system
may only be performed by a contractor holding a C-16 fire
protection contractor license, or by an owner-builder of an
owner-occupied single-family dwelling.
"Fire sprinkler systems for single- and two- family homes are
relatively easy to design and install in comparison to larger,
more complex structures, and commercial buildings. In
addition, many of the sprinkler systems that will be installed
in new single- and two-family dwellings are multipurpose fire
sprinkler systems that supply water to both fire sprinklers
and the residential plumbing fixtures from the same domestic
water supply, as opposed to stand-alone fire sprinkler systems
that are independent from the water distribution system.
Plumbing contractors can often easily install multipurpose
systems using the same tubing, fittings, and tools that they
already use to plumb a house."
3)Specialty contractor classifications . The CSLB issues
licenses to contractors in particular trades or fields of the
construction profession. In order to be eligible for a
contractor's license, an applicant must have four years of
experience at a journey level or as a foreman, supervising
employee, contractor, or owner-builder to qualify to take the
examination. The CSLB issues one Class "A" General
Engineering Contractor License, one Class "B" General Building
Contractor License, and 41 separate Class "C" Specialty
Contractor Licenses.
AB 433
Page 3
Class "C" specialty contractor classifications are issued to
contractors whose construction work requires special skill and
whose principal contracting business involves the use of
specialized building trades or crafts. A specialty contractor
may use subcontractors, or his or her own employees, to
complete the incidental and supplemental work. CSLB
promulgates regulations relating to the scope of practice of
specialty contractors. While there are multiple specialty
plumbing contractors who deal with the conveyance of water,
liquids, sewage, chemicals, and gas through pipes, tubes, or
evaporation, there are only two specialty plumbing contractors
whose scope of work directly relates to the installation of
residential fire sprinklers:
a) A C-16 fire protection contractor lays out, fabricates
and installs all types of fire protection systems,
including all the equipment associated with these systems,
excluding electrical alarm systems. C-16 fire protection
contractors are currently authorized to install residential
sprinkler systems.
b) A C-36 plumbing contractor provides a means for a supply
of safe water, ample in volume and of suitable temperature,
for the purpose intended and the proper disposal of fluid
waste from the premises in all structures and fixed works.
C-36 plumbing contractors would be authorized by this bill
to install residential sprinkler systems.
4)New Code requirement and demand for residential fire sprinkler
installations . In 2010, the California Building Standards
Commission adopted a new Code requirement that approved the
SFM's Building, Fire and Residential Code and mandated the
installation of residential fire sprinklers in all new one-and
two-family dwellings and townhouses statewide, beginning
January 1, 2011. Rural counties report having a difficult
time complying with the new Code requirement because of the
relatively small number of C-16 fire protection contractors
scattered throughout the state, with no known C-16 fire
protection contractors residing in some rural counties.
According to the Construction Industry Research Board, in
2004, there were approximately 212,960 new residential single-
and multi-family homes built in California. In 2009, the
number of new homes built dropped to a record low of 36,421,
AB 433
Page 4
but has since been gradually climbing. In 2013, the projected
number of new homes that will be built is 62,000 homes and is
anticipated to rise in the future, which will create increased
demand for residential fire sprinkler installation.
5)Current licensed contracting authority to install residential
fire sprinklers . Currently, there are approximately 230,000
licensed contractors in the state of California. According to
the CSLB, as of February 2013, there were 2,148 active C-16
fire protection contractors. This bill would authorize the
15,090 active C-36 plumbing contractors in California to
install residential fire sprinklers and ensure that is more
than enough licensed contractors who can legally perform the
installations to meet new Code requirements.
Under existing law, only a licensed Class C-16 fire protection
contractor or owner-builder may install a residential
sprinkler system. At the same time, only a licensed C-36
plumbing contractor can perform work on residential plumbing
systems to distribute potable and non-potable water, at
varying temperatures and volumes, to and from a residence.
One could read BPC Section 7026.12 literally as prohibiting a
plumbing contractor from installing a multipurpose fire
sprinkler system, even though such a system incorporates
plumbing fixtures. This bill would explicitly authorize a
C-36 plumbing contractor to install a multipurpose fire
sprinkler system in residential homes in addition to a C-16
contractor.
6)History of residential fire sprinklers in California .
Automatic fire sprinklers are designed to minimize the loss of
life and property arising from a fire by releasing water at a
certain temperature to contain fire growth, limit fire damage,
provide enough time for evacuation, and generally protect
residents, firefighters, and the structure.
For many years, the installation of fire sprinkler systems was
only required in office buildings and multi-family dwellings
(i.e., apartments). Efforts to legislate the installation of
residential fire sprinklers date back to 1979, when SCR 23
(Campbell) requested the SFM to develop voluntary standards
for the design, installation, and maintenance of automatic
fire sprinkler systems for single- and two-family dwellings.
In 1980, the City of San Clemente became the first
AB 433
Page 5
municipality to adopt an ordinance mandating the installation
of residential fire sprinklers in new residences. San
Clemente's Fire Chief Ronny Coleman said the ordinance's goal
was "to apply water so as to confine the blaze to the room of
origin during the first ten minutes of the fire's growth and
development, and to keep temperatures low enough to prevent
flashover." From 1980 to 2010, over 150 local residential
fire sprinkler ordinances were adopted. During that period,
the California Legislature discussed, but did not enact
legislation to mandate the installation of residential fire
sprinklers.
7)Effects of this bill . This bill adds 15,090 C-36 plumbing
contractors to the pool of 2,148 C-16 fire protection
contractors who can be hired to install residential fire
sprinklers. The CSLB will continue to be the appropriate
licensing entity that receives and investigates consumer and
professional complaints, and provides enforcement action
against unlicensed contracting activity arising from the
installation of residential fire protection systems. Because
it oversees both C-36 and C-16 contractors, the CSLB will be
able to monitor the effects of this bill on both
classifications.
8)Arguments in support . According to the sponsor, CBIA, "For
two decades, California law has required the installation of a
fire sprinkler system to be performed by a 'fire protection
contractor' holding a specialty C-16 contractor's license.
Considering the level of technical expertise needed to design
and install these systems in high-rise residential and
commercial buildings, the requirement for a specialty license
was appropriate.
"However, in 2010, the California Building Standards
Commission adopted building standards requiring fire sprinkler
systems in all new homes starting January 1, 2011. Given that
there are only 2,100 licensed C-16 fire protection contractors
throughout the state, builders will not have access to an
adequate supply of licensed individuals to perform this work
as the housing sector begins to emerge from the worst economic
downturn in over 60 years.
"Fire sprinkler systems for single- and two-family dwellings
are relatively easy to design and install in comparison to
those installed in high-rise residential and commercial
AB 433
Page 6
buildings. A C-36 licensed plumbing contractor has the
knowledge and experience necessary to install fire sprinkler
systems in single- and two- family dwellings.
"AB 433 would authorize licensed plumbers to install these
simple fire protection systems and would ensure that there is
adequate access to the skilled professionals needed to meet
the requirements of the Code, making homes safer for
California families."
9)Previous legislation . SB 912 (Lieu) of 2012 would have
authorized specified contractors to install residential fire
protection systems for new single- and two-family homes, and
would have also authorized the SFM to adopt regulations for
all occupancy buildings, as specified. SB 912 was
substantially amended at the end of the 2011-12 Session,
re-referred to the Assembly Rules Committee, and never heard
in a policy committee.
REGISTERED SUPPORT / OPPOSITION :
Support
California Building Industry Association (sponsor)
California Building Officials
California Business Properties Association
Plumbing-Heating-Cooling Contractors Association
Regional Council of Rural Counties
Opposition
None on file.
Analysis Prepared by : Joanna Gin / B.,P. & C.P. / (916)
319-3301