BILL ANALYSIS �
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|Hearing Date:July 1, 2013 |Bill No:AB |
| |433 |
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SENATE COMMITTEE ON BUSINESS, PROFESSIONS
AND ECONOMIC DEVELOPMENT
Senator Ted W. Lieu, Chair
Bill No: AB 433Author:Gordon
As Amended:June 10, 2013 Fiscal: Yes
SUBJECT: Contractors: fire protection systems: fire safety: State
Fire Marshal.
SUMMARY: Authorizes, until January 1, 2017, licensed plumbing
contractors to install residential fire protection systems for single
and two-family homes; authorizes the State Fire Marshal to propose,
adopt and administer regulations and building standards in order to
ensure fire safety in buildings and structures and makes those
building standards subject to certain requirements; makes technical
and clarifying amendments.
Existing law:
1)Licenses and regulates more than 300,000 contractors under the
Contractors State License Law (Contractors Law) by the Contractors
State License Board (CSLB) within the Department of Consumer Affairs
(DCA). (Business and Professions Code (BPC) � 7000 et seq.)
2)Authorizes the CSLB to issue licenses to contracting businesses in
three different branches, generally categorized by letter: A -
general engineering contracting, B - general building contracting
and C - specialty contracting. (BPC � 7055)
3)Provides that a specialty contractor is a contractor whose operations
involve the performance of construction work requiring special skill
and whose principal contracting business involves the use of
specialized building trades or crafts. (BPC � 7058)
4)Authorizes CSLB to adopt reasonably necessary rules and regulations
for the classification of specialty contractors in a manner
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consistent with established usage and procedure as found in the
construction business, and to limit their field and scope of
operations to those to which they are classified and qualified to
engage, as defined. (BPC � 7059)
5)CSLB regulations establish a fire protection contractor (C-16)
classification as a contractor which lays out, fabricates and
installs all types of fire protection systems including all the
equipment associated with these systems, and excluding electrical
alarm systems. (California Code of Regulations (CCR), Title 16, �
832.16)
6)Prohibits a general building contractor from contracting for any
project that includes the C-16 classification unless the general
building contractor holds that license classification or
subcontracts with the appropriately licensed contractor. (BPC �
7057 (c))
7)Provides that the installation of a fire protection system may be
performed only by a contractor holding a C-16 classification or by
an owner-builder of an owner-occupied, single-family dwelling, as
specified. (BPC � 7026.12)
8)CSLB regulations establish a plumbing contractor (C-36)
classification as a contractor which provides a means for a supply
of safe water for the purpose intended and the proper disposal of
fluid waste from the premises in all structures and fixed works.
The C-36 classification includes: (CCR � 832.36)
a) Waste removal or the construction and connection of on-site
waste disposal systems;
b) Piping, storage tanks and venting for a safe and adequate
supply of gases and liquids for any purpose, including vacuum,
compressed air and gases for medical, dental, commercial and
industrial uses;
c) Gas appliances, flues and gas connections for all systems;
d) Water and gas piping from the property owner's side of the
utility meter to the structure or fixed works;
e) Installation of any type of equipment to heat water, or
fluids, including the installation of solar equipment for this
purpose;
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f) Maintenance and replacement of all items described above and
all health and safety devices such as, but not limited to, gas
earthquake valves, gas control valves, back flow preventers,
water conditioning equipment and regulating valves.
9)Authorizes the State Fire Marshal (SFM) to develop building standards
relating to fire and panic safety and submit those standards to the
California Building Standards Commission (BSC) for approval.
(Health and Safety Code (HSC) � 13100 et seq.)
10)Establishes under the California Building Standards Code the
processes related to the adoption, approval, publication, and
implementation of proposed building standards under the California
Building Standards Law, and administered by the BSC. These building
codes serve as the basis for the design and construction of
buildings in California. (HSC � 18935 et seq.)
This bill:
1)Authorizes, 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 (C-16)
classification, an owner-builder of an owner-occupied dwelling, or
by a contractor holding a plumbing contractor (C-36) classification,
as defined in the CSLB regulations.
2)Authorizes the SFM 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 requires those
building standards to be submitted to the BSC for approval, as
specified.
3)Makes conforming changes.
FISCAL EFFECT: Unknown. This bill has been keyed "fiscal" by
Legislative Counsel.
COMMENTS:
1.Purpose. This bill is sponsored by California Building Industry
Association (CBIA, Sponsor). According to the Author, in addition
to licensed fire protection contactors (C-16 license), this bill
would authorize licensed plumbers (C-36 license) to install
residential fire sprinkler systems in one and two- family dwellings.
This change would ensure that there is adequate access to the
skilled professionals needed to meet the new 2010 California
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Residential Code requirements.
The Author states the need for the bill as follows:
In 2010, the California State Building Standards Commission
voted unanimously to approve the 2010 California Residential
Code, which specifies that all new one or two-family dwellings
built after January 1, 2011 must be equipped with fire sprinkler
systems. This requirement increased the need for residential
fire sprinkler design and installation, but did not increase
access to professionals that can legally provide the service.
The Contractors State License Board (CSLB) is the body that
provides for the certification and regulation of contractors,
within the Department of Consumer Affairs. According to the
CSLB, in February of 2013 there were only 2,148 active C-16 fire
protection contractors. Fire protection contractors are
licensed to install all types of fire protection systems in all
types of structures. Of these, approximately 25% install
sprinklers in residential homes. There were also 15,090 active
C-36 plumbing contractors in California. Plumbing contractors
have a broader license parameter, which includes supplying 'safe
water, in ample volume.' With the new requirements for fire
sprinkler installation in all homes, and the growth witnessed in
the building industry in recent years, plumbers can provide
assistance to meet the need for fire sprinklers, without
hampering development.
Fire sprinkler systems for one 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 one
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 line, as opposed to stand-alone fire sprinkler systems
that are independent from the domestic water distribution
system.
According to the Sponsor, this bill would also clarify the SFM's
authority to propose, adopt and administer fire safety regulation
in buildings and structures within the state.
2.Background. The CSLB licenses California contractors in three
separate branches: A - general engineering contracting, B - general
building contracting, and C - specialty contracting. The law
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authorizes the CSLB to adopt regulations for the classification of
specialty contractors consistent with established usage and
procedure of the construction business, and to limit specialty
contractors to the field and scope in which they are classified and
are qualified to work.
Accordingly, there are 41 separate Class C license classifications for
specialty contractors whose construction work requires special skill
and whose principal contracting business involves the use of
specialized building trades or crafts.
3.Residential fire sprinkler systems. A fire sprinkler system is an
active fire protection measure, consisting of a water supply,
providing adequate pressure and flow rate to a water distribution
piping system, onto which fire sprinklers are connected. Although
historically only used in factories and large commercial buildings,
home and small building systems are now available at a
cost-effective price.
A residential fire sprinkler system refers to a system that falls under
a residential classification separate from the commercial
classifications (NFPA 13). A commercial sprinkler system is
designed to protect the structure and the occupants from a fire.
Most residential sprinkler systems are primarily designed to
suppress a fire in such a way to allow for the safe escape of the
building occupants. While these systems will often also protect the
structure from major fire damage, this is a secondary consideration.
In residential structures, sprinklers are often omitted from
closets, bathrooms, balconies, and attics because a fire in these
areas would not usually impact the occupant's escape route.
Beginning January 1, 2011, California made automatic fire sprinkler
systems mandatory in all new one and two-family dwellings throughout
the state. In line with the 2009 International Building, Fire and
Residential Code, this change came from modifications to the
California Building Code through the BSC.
For many years, installation of fire sprinkler systems has only been
required in office buildings and multi-family dwellings (i.e.
apartments). According to the SFM, these sprinkler systems are
proven to save lives and extinguish fires.
A December 2010 CSLB Industry Bulleting advised: "A General
Engineering, B General Building, C-36 Plumbing contractors need to
be aware that only the C-16 Fire Protection classification is
legally permitted to lay out, fabricate or install fire protection
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systems. Other trades can provide work up to the fire protection
system only, regardless of whether the fire protection system is
combined or stand-alone."
The new residential requirement does not affect home remodels, only new
construction; however, according to SFM there are more than 150
local ordinances related to residential fire sprinklers, and the
CSLB advises and it would be a good idea to check with your local
jurisdiction before beginning any projects.
4.State Fire Marshal Regulations. This bill clarifies the SFM's
authority 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 requires those building
standards to be submitted to the BSC for approval, as specified.
According to the Sponsor, over the years there have been several
challenges to the SFM's authority to adopt and administer fire
safety standards for buildings and structures in California. One
such challenge had to do with the SFM establishing building
standards for laboratories located within a section or floor of a
building. A second challenge was concerning the SFM's standards for
exiting requirements for large commercial storage facilities. In
both of these cases, during the process of the SFM establishing
building fire safety standards before the BSC, the SFM's authority
to adopt the particular building standards was disputed. In both of
these cases, the BSC ultimately upheld the SFM's authority to
establish building standards in these areas. Although the BSC
ultimately confirmed the SFM's authority, still such challenges tend
to delay the regulation process and could at times actually bring
the regulatory process to a stop.
The Sponsor points out that the Health and Safety Code Section 18930
clearly establishes 9 separate criteria which must be met by a state
agency adopting or proposing any building standard before the BSC.
The second of those criteria require the proposed building standard
to be within the parameters of the enabling legislation and to not
be within the jurisdiction of another agency. The ninth, requires
that if the proposed building standard promotes fire and panic
safety, the SFM must sign off on the building standard. The Sponsor
reasons that these criteria reflect an inherent authority of the SFM
in establishing building standards, and the bill simply clarifies
that authority.
The Sponsor contends that this bill's clarification of the SFM's
authority to adopt fire safety building standards will provide two
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basic benefits: First, it will help prevent 11th-hour challenges to
the SFM's authority to establish building standards, which
ultimately delays or perhaps even tables, the regulatory process.
Second, it clarifies the SFM's authority to address emerging issues
in the construction industry such as the installation of solar photo
voltaic panels on the top, side or adjacent to structures. In such
cases, the SFM must have clear authority to establish fire-safety
standards for building entrance, exit and access.
5.Three Year Sunset. This bill would authorize, until January 1, 2017,
a plumbing contractor to install residential fire protection systems
in one- or 2-family dwellings. According to the Sponsor, this three
year window is a deliberate timeframe in which it can best be
determined whether it is appropriate to continue allowing plumbing
contractors to install residential fire sprinkler systems, or to
require plumbing contractors to obtain additional education and
experience before being allowed to continue to install residential
systems.
According to the Sponsor, it is critical to authorize plumbing
contractors to install residential sprinkler systems at this time,
because the state residential construction industry is now beginning
to rebound from the worst housing slump in 60 years, and there
simply are not enough fire sprinkler contractors to install all the
residential systems that will be needed in the next two years. The
Sponsor states that only about 20% of the state's 2,100 C-16
contractors are involved in residential construction, and without an
infusion of additional licensees authorized to install residential
fire sprinkler systems, there will be severe bottlenecks in
residential construction. Establishing a three year sunset will
relieve the bottleneck, and at the same time require that the issue
will be revisited in the near future.
6.Prior Legislation. SB 912 (Lieu, 2012) as gutted and amended on the
Assembly Floor at the end of the Session was very similar to this
measure. The bill would have authorized C-36 plumbers and general
contractors, in addition to fire protection specialty contractors,
to install fire protection systems in one- and two- family homes.
It would have also authorized the SFM to adopt and administer
regulations and building standards for all occupancy buildings, and
require the standards to be submitted to the BSC for approval.
( Status : This bill died on the Assembly Floor.)
SB 405 (Cogdill, 2009) would have required any commercial or
residential fire sprinkler installation to be performed by a fire
protection contractor under the direct supervision of a fire
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sprinkler supervisor. ( Status : This bill died without being heard
in Senate BP&ED Committee.)
7.Arguments in Support. A number of supporters of this bill, including
the
Sponsor the California Building Industry Association , as well as the
California Business Properties Association , the Rural County
Representatives of California , the California Building Officials ,
the Plumbing-Heating-Cooling Contractors Association of California ,
and the California State Pipe Trades Council write that for over 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 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 BSC
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.
Proponents further argue that fire sprinkler systems for one- and
two-family dwellings are relatively easy to design and install in
comparison to those installed in high-rise residential and
commercial buildings. A licensed plumber (C-36) has the knowledge
and experience necessary to install fire sprinkler systems in
one-and two-family dwellings, according to the proponents.
The California Fire Chiefs Association believes the addition of
licensed and skilled professionals such as plumbing contractors is
necessary to meet the provisions of the new 2010 California
Residential Code requirements, ensuring there are sufficient
professionals to install sprinkler systems in one-and-two family
homes, resulting in fire and life safety for more Californians.
8.Arguments in Opposition. The California Fire Training Alliance
(CFTA) opposes the bill, quoting the Acting State Fire Marshal who
states: "Training and education is critical to the implementation
of our building standards and the recommendations are essential to
the successful understanding of the statewide residential fire
sprinkler adoption within the California Building Standards." CFTA
further makes the following arguments:
The bill does not require plumbers to have any knowledge or
training specific to fire sprinkler systems, exposing the public
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to a significant life safety danger. In 1988, AB 3841 (Eastin,
Chapter 1035, Statutes of 1988) removed the authorization for a
plumbing contractor to install fire sprinklers and specified that
only a licensed fire sprinkler contractor could install fire
sprinklers in the state of California. This bill reverses that
provision without requiring any knowledge or training by the
plumbing contractor.
The contractor licensing law requires at least four full years
of experience "in the classification for which he or she is
applying." This bill does not require plumbers to have any
experience with fire sprinkler systems.
The bill does not address qualifications necessary to design a
fire sprinkler system. Presumably, the bill would allow plumbing
contractors to design the systems that they install, without any
requisite training, experience, and expertise.
The Sponsor is justifying the need for the bill based on an
alleged shortage of licensed fire sprinkler contractors to meet
the potential demand which may occur when housing starts
increase. That shortage simply does not exist. CFTA argues that
it would require only 100 average-sized fire sprinkler companies,
of the 2,000 licensed in the state, to meet the Sponsor's stated
demand.
The Sponsor has suggested that there are too few fire
sprinkler contractors in remote areas of the state. The fact of
the matter, according to CFTA, is that a very small percentage of
the state's residential construction takes place in remote areas.
Furthermore, the additional cost necessary for an out of town
contractor to transport and house employees for the duration of a
fire sprinkler installation project represents a very small
increase to the overall cost of the job.
Finally, CFTA, argues that there are alternatives to the
current proposal, and suggests possible amendments to the bill:
Currently, a plumbing contractor has the authority to
complete the steps necessary to obtain a C-16 fire sprinkler
license, and many have done so (approximately 40% of the C-16
licensees also hold a C-36 license);
One compromise would be to create a "C-16(Residential)"
license class that would allow a plumbing contractor to
complete the training and examinations necessary to install
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residential fire sprinkler systems;
Another compromise would allow plumbing contractors to
install residential multi-purpose systems that supply both
domestic water and fire suppression.
SUPPORT AND OPPOSITION:
Support:
California Building Industry Association (Sponsor)
California Building Officials
California Business Properties Association
California Fire Chiefs Association
California State Pipe Trades Council
Plumbing-Heating-Cooling Contractors Association of California
Rural County Representatives of California
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Opposition:
California Fire Training Alliance
California Professional Association of Specialty Contractors (CALPASC)
Fire Chief, City of Merced
SimplexGrinnel
Numerous individuals
Consultant:G. V. Ayers