Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1208


Introduced by Assembly Member Frazier

February 27, 2015


An act to amend Section 7058 of the Business and Professions Code,begin insert and to amend Section 13196.5 of the Health and Safety Code,end insert relating to contractors.

LEGISLATIVE COUNSEL’S DIGEST

AB 1208, as amended, Frazier. Specialtybegin delete contractors.end deletebegin insert contractors: automatic fire extinguisher systems: license exemption.end insert

Existing law, 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. That law provides for the classification of a speciality contractor and defines a “specialty contractor” as 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, as provided.begin insert That definition includes a contractor whose operations include the business of servicing or testing fire extinguishing systems.end insert

begin delete

This bill would make nonsubstantive changes to that definition.

end delete
begin insert

Existing law requires the State Fire Marshal to adopt and administer the regulations and building standards he or she deems necessary 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. Existing law prohibits any person from engaging in the business of servicing or testing automatic fire extinguishing systems without a license issued by the State Fire Marshal, but exempts from this prohibition a specialty contractor whose operations include the business of servicing or testing fire extinguishing systems.

end insert
begin insert

This bill would instead exempt any speciality contractor, as that term is defined under existing law, from the prohibition on engaging in the business of servicing or testing automatic fire extinguishing systems without a licence from the State Fire Marshal.

end insert

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

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

P2    1

SECTION 1.  

Section 7058 of the Business and Professions
2Code
is amended to read:

3

7058.  

A specialty contractor is a contractor whose operations
4involve the performance of construction work requiring special
5skill and whose principal contracting business involves the use of
6specialized building trades or crafts. A speciality contractor
7includes all of the following:

8(a) A contractor whose operations include the business of
9servicing or testing fire extinguishing systems.

10(b) A contractor whose operations are concerned with the
11installation and laying of carpets, linoleum, and resilient floor
12covering.

13(c) A contractor whose operations are concerned with preparing
14or removing roadway construction zones, lane closures, flagging,
15or traffic diversions on roadways, including, but not limited to,
16public streets, highways, or any public conveyance.

17begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 13196.5 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
18amended to read:end insert

19

13196.5.  

(a) Except as provided in subdivisions (b), (c), and
20(d), no person shall engage in the business of servicing or testing
21automatic fire extinguishing systems without a license issued by
22the State Fire Marshal pursuant to this chapter.

23(b) Persons who engage in the business of servicing or testing
24fire alarm devices, water flow alarm devices, or the supervisory
25signaling components of automatic fire extinguishing systems shall
26not be subject to the licensing requirements contained in this
27chapter.

P3    1(c) Industrial systems may be serviced or tested by, or under
2the supervision of, an engineer employed by a private entity who
3shall not be subject to the licensing requirements contained in this
4chapter unless he or she performs the service or testing for a fee
5outside of the employment relationship.

6(d) Any specialty contractor, as defined inbegin delete subdivision (b) ofend delete
7 Section 7058 of the Business and Professions Code, shall not be
8subject to the licensing requirements contained in this chapter.



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