BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 433|
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THIRD READING
Bill No: AB 433
Author: Gordon (D)
Amended: 8/13/13 in Senate
Vote: 21
SENATE BUSINESS, PROF. & ECON. DEVELOP. COMM. : 10-0, 7/1/13
AYES: Lieu, Emmerson, Block, Corbett, Galgiani, Hernandez,
Hill, Padilla, Wyland, Yee
SENATE APPROPRIATIONS COMMITTEE : 5-2, 8/26/13
AYES: De Le�n, Hill, Lara, Padilla, Steinberg
NOES: Walters, Gaines
ASSEMBLY FLOOR : 73-0, 4/11/13 - See last page for vote
SUBJECT : Contractors: fire protection systems: fire safety:
State Fire
Marshal
SOURCE : California Building Industry Association
DIGEST : This bill 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 (SFM) to propose, adopt and administer regulations
in order to ensure fire safety in buildings and structures and
makes those regulations subject to certain requirements;
requires the SFM to establish and collect reasonable fees to
implement this bill; and makes technical and clarifying changes.
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ANALYSIS :
Existing law:
1. Establishes, under the Contractors State License Board (CSLB)
regulations, 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.
2. 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.
3. 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.
4. Establishes, under the CSLB regulations, 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.
5. Authorizes the SFM to develop building standards relating to
the fire and panic safety and submit those standards to the
Building Standards Commission (BSC) for approval.
6. 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.
This bill:
1. Authorizes, until January 1, 2017, the installation of a
residential fire protection system for a one- or two-family
dwelling by a contractor holding a C-16 classification, an
owner-builder of an owner-occupied dwelling, or by a
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contractor holding a C-36 classification, as defined in the
CSLB regulations.
2. Authorizes the SFM to propose, adopt and administer the
regulations that he/she deems necessary in order to ensure
fire safety in buildings and structures and requires those
regulations be submitted to the BSC for approval, as
specified.
3. Makes conforming changes.
4. States legislative intent relating to the installation of
fire protection system components within a one- or two-family
dwelling.
Background
CSLB . The CSLB licenses California contractors in three
separate branches: (A) general engineering contracting, (B)
general building contracting, and (C) specialty contracting.
The law 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.
CSLB indicates that there were only 2,148 active fire protection
contractors licensed as of February of this year, and only 25%
of those install residential sprinkler systems. Comparatively,
there are 15,090 active C-36 plumbing contractors statewide.
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.
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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 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 local jurisdictions before beginning any projects.
SFM regulations . This bill clarifies the SFM's authority to
propose, adopt and administer the regulations and building
standards that he/she deems necessary in order to ensure fire
safety in buildings and structures and requires those building
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standards to be submitted to the BSC for approval, as specified.
According to the bill's 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 Health and Safety Code Section 18930
clearly establishes nine 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 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.
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Three-year sunset . This bill authorizes, 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 fire protection 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Minor and absorbable costs to the CSLB for any enforcement
actions related to plumbers installing fire sprinkler systems.
No new costs to the SFM related to the clarification of the
authority to propose, adopt, and administer fire safety
regulations and building standards. This bill provides
authority for the SFM to recover any costs associated with the
broad regulatory authority provided in the bill by charging
reasonable fees for specified activities.
SUPPORT : (Verified 8/29/13)
California Building Industry Association (source)
California Building Officials
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California Business Properties Association
California Fire Chiefs Association
California Professional Firefighters
California State Pipe Trades Council
Plumbing-Heating-Cooling Contractors Association of California
Rural County Representatives of California
OPPOSITION : (Verified 8/29/13)
California Fire Training Alliance
California Professional Association of Specialty Contractors
(CALPASC)
City of Merced Fire Chief
SimplexGrinnel
ARGUMENTS IN SUPPORT : According to the author's office, in
addition to licensed fire protection contractors (C-16 license),
this bill authorizes licensed plumbers (C-36 license) to install
residential fire sprinkler systems in one- and two- family
dwellings. This change will ensure that there is adequate
access to the skilled professionals needed to meet the new 2010
California Residential Code (CRC) requirements 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.
A number of supporters of this bill, including the bill's
sponsor, the California Building Industry Association, 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 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
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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 CRC
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.
ARGUMENTS IN OPPOSITION : The California Fire Training
Alliance (CFTA) cites 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:
1. This bill does not require plumbers to have any knowledge or
training specific to fire sprinkler systems, exposing the
public to a significant life safety danger. In 1988, AB 3841
(Eastin, Chapter 1035) 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.
2. 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.
3. This bill does not address qualifications necessary to design
a fire sprinkler system. Presumably, this bill allows
plumbing contractors to design the systems that they install,
without any requisite training, experience, and expertise.
4. The sponsor is justifying the need for this bill based on an
alleged shortage of licensed fire sprinkler contractors to
meet the potential demand which may occur when housing starts
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increase. That shortage simply does not exist. CFTA argues
that it will require only 100 average-sized fire sprinkler
companies, of the 2,000 licensed in the state, to meet the
sponsor's stated demand.
5. 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 represent a very small increase to the
overall cost of the job.
ASSEMBLY FLOOR : 73-0, 4/11/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,
Buchanan, Ian Calderon, Campos, Chau, Ch�vez, Chesbro, Conway,
Cooley, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell,
Gray, Grove, Hagman, Hall, Roger Hern�ndez, Holden, Jones,
Jones-Sawyer, Levine, Linder, Logue, Maienschein, Mansoor,
Medina, Melendez, Mitchell, Mullin, Muratsuchi, Nazarian,
Nestande, Olsen, Pan, Patterson, Perea, V. Manuel P�rez,
Quirk, Quirk-Silva, Salas, Skinner, Stone, Ting, Wagner,
Waldron, Weber, Wieckowski, Williams, Yamada, John A. P�rez
NO VOTE RECORDED: Harkey, Lowenthal, Morrell, Rendon, Torres,
Wilk, Vacancy
MW:d 8/29/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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