BILL ANALYSIS
AB 660
Page 1
Date of Hearing: April 22, 2009
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Curren Price, Chairman
AB 660 (Torrico) - As Introduced: February 25, 2009
SUBJECT : Sprinkler fitters: licensing.
SUMMARY : Enacts a comprehensive program for the certification
and regulation of sprinkler fitters, as defined, by the State
Fire Marshal (SFM). Specifically, this bill :
1)Establishes the Sprinkler Fitter Certification Act (SFCA).
2)Provides a person shall not perform work on any fire
suppression system unless he or she possesses a valid
sprinkler fitter or limited scope sprinkler fitter certificate
issued by the SFM, as defined.
3)Provides a person shall not employ a person or cause or direct
a person to perform work on a fire suppression system unless
the person performing that work possesses either of the
following: (1) a valid sprinkler fitter or limited scope
sprinkler fitter certificate issued, as defined. (2) a valid
sprinkler fitter apprentice permit issued, if directly or
immediately supervised by a holder of a valid sprinkler fitter
or limited scope sprinkler fitter certificate, as specified.
4)Provides a person or entity shall not contract to perform work
on a fire suppression system without holding a valid sprinkler
fitter or limited scope sprinkler fitter certificate issued
pursuant to this chapter or employing certified sprinkler
fitters, as specified. Each employee of an entity who
physically performs work on a fire suppression system shall
hold the appropriate certificate or permit.
5)Provides a person shall not solicit, by sign, listing, or any
other form of advertisement, work regulated by this chapter
unless he has been certified or employs sprinkler fitters
certified, as specified.
6)Provides the SFCA does not apply to a person performing work
on his or her private residence if that residence is not used
for commercial purposes.
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7)Allows a local jurisdiction to establish standards for the
training, testing, and certification of the sprinkler fitter
trade that exceed the standards established by the SFCA.
8)Provides a person may work on a fire suppression system if he
or she holds a valid sprinkler fitter apprentice permit
issued, as defined, if the work performed is within the scope
of the permit, and if the work is performed only under the
direct and immediate supervision of a holder of a valid
sprinkler fitter or limited scope sprinkler fitter
certificate, as defined.
9)Provides until January 1, 2014, a person may work on a fire
suppression system if he or she holds a valid sprinkler fitter
trainee permit, as defined and meets specified requirements.
10)Provides the SFM shall award a sprinkler fitter certificate
to a person who files an application and pays the application
fee as established by the SFM and meets other specified
requirements, as defined.
11)Provides that a person who does not possess a valid sprinkler
fitter or limited scope sprinkler fitter certificate may
obtain a sprinkler fitter apprentice permit if the person does
both of the following: (1) Files an application and pays an
application fee as established by the SFM. (2) Provides
evidence to the SFM, in a form acceptable to the SFM, that he
or she is enrolled in and attending an approved fire sprinkler
fitter apprenticeship program, as defined.
12)Provides only until January 1, 2014, a person who does not
possess a valid sprinkler fitter or limited scope sprinkler
fitter certificate may obtain a sprinkler fitter trainee
permit if the person files an application and pays an
application fee as established by the SFM. A sprinkler fitter
trainee permit shall be valid only until January 1, 2014, and
shall not be reissued or renewed.
13)Provides the SFM shall issue a sprinkler fitter or limited
scope sprinkler fitter certificate, without examination, to a
person who meets specified requirements.
14)Provides SFM shall issue a sprinkler fitter certificate,
without examination, to any person who, on or before June 30,
2010, submits the necessary certification application to the
SFM, pays all required fees, and submits evidence acceptable
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to the SFM that he or she meets specified requirements.
15)Provides the SFM shall issue a limited scope sprinkler fitter
certificate, without examination, to any person who, on or
before June 30, 2010, submits the necessary certification
application to the SFM, pays all required fees, and submits
evidence acceptable to the SFM that he or she has done meet
specified requirements. A certificate issued shall expire on
December 31, 2010.
16)Provides the SFM shall maintain a central registry of the
names of all persons to whom it has issued sprinkler fitter or
limited scope sprinkler fitter certificates and sprinkler
fitter apprentice or sprinkler fitter trainee permits, as
specified.
17)Provides the SFM shall adopt a schedule of fees to be paid by
holders of certificates and permits in amounts that are
determined by the SFM to be necessary to cover the cost of
administering and enforcing the SFCA. Any city or county fire
department, or any district providing fire protection
services, may adopt a schedule of fees as required to cover
the cost of enforcement, as defined
18)Provides the requirements of this chapter shall be enforced
by the SFM, as specified.
19)Includes the assessments of the SFM among the state agencies
for which a license may be affected for nonpayment, as
specified.
20)Contains various definitions pertaining to the SFCA.
21)Makes legislative findings and declarations.
EXISTING LAW :
1)Licenses and regulates some 250,000 contractors by the
Contractors State License Board (CSLB) within the Department
of Consumer Affairs (DCA).
2)Authorizes the CSLB to issue licenses to a contracting
business in the three branches: (a) general engineering
contracting, (b) general building contracting, and (c)
specialty contracting. Specifies that the
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specialty-contracting branch include a contractor whose
operations include the servicing or testing of fire
extinguishing systems.
3)Requires the installation of a fire protection system, as
specified, to be performed only by a contractor holding a fire
protection contractor classification.
4)Authorizes the CSLB to refuse to issue, reinstate, reactivate,
renew, or suspend a contractor's license due to unpaid
financial liabilities, including fees that may be assessed by
the Department of Industrial Relations, the Employment
Development Department or the Franchise Tax Board.
5)Authorizes the CSLB to take disciplinary action against a
licensed contractor for violations of the law, including
willful or deliberate disregard and violation of the building
laws of the state, and specified other provisions of law.
6)Requires the 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. The regulations must consider the
requirements applicable standards of the National Fire
Protection Association and specified voluntary standards
published by the SFM.
7)Prohibits any person from engaging in the business of
servicing or testing automatic fire extinguishing systems
without a license issued by SFM, except as specified, and
exempts from the licensing requirement specialty contractors
licensed by the CSLB to engage in the business of servicing or
testing fire extinguishing systems.
8)Requires the SFM to adopt regulations to establish and
maintain that license, including bases for denial or
revocation, a schedule of fees for administration and
enforcement, and the period for and renewal of licensure.
9)Makes any violation of these provisions or any regulation or
building standard of the SFM a misdemeanor.
10)Authorizes the SFM, until January 1, 2008, to permit a person
licensed to service or test automatic fire extinguishing
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systems, to pay a monetary penalty to the SFM in lieu of an
actual suspension of the license.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of the bill . According to the author, the types of fire
suppression systems used in society and the manner in which they
are constructed and installed have a direct and
substantial impact on public health, safety, and the
environment. The author states improper construction or
installation of fire suppression systems can be potentially
lethal, cause serious damage to property, and have other adverse
effects on public health and safety. This bill establishes
minimum standards for work performed on fire suppression
sprinkler systems, and criteria for the training, testing, and
certification of the persons performing work in the sprinkler
fitter trade, which is essential to protecting public health and
safety.
Background . The author states that in California, fire
sprinklers and other automatic fire extinguishing systems must
be designed by licensed engineers, installed by licensed
contractor companies, and thereafter be maintained, tested, and
serviced by licensed servicing companies. However, fire
sprinkler fitters who actually install fire sprinklers and other
fire extinguishing systems in high-rise buildings,
hotels, apartments, hospitals, schools, day care facilities, and
even single-family residences are not required to be
licensed, registered, nor are they required to be trained or
have experience with installing these fire safety systems. The
author points out that fire sprinkler fitters in California are
not required to complete an apprenticeship program, nor have any
training or experience for that matter
Furthermore, the author states that fire sprinklers and other
fire extinguishing systems are currently required by law to be
serviced, tested, and maintained after installation. However,
these fire safety systems, under existing law can be installed
by unqualified fire sprinkler fitters, and are in fact,
frequently installed incorrectly. The defective installation
may go unnoticed during routine testing, maintenance and
servicing of the fire safety system. The fire sprinkler or fire
extinguishing system may even pass the acceptance test conducted
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by the fire authority having jurisdiction, yet still have been
improperly installed by a person not trained nor properly
supervised. Yet, for the life of the building, that fire
sprinkler or fire extinguishing system will never operate
properly when that catastrophic moment comes for it to perform
its life saving and fire protection purpose.
Arguments in Support . Proponents note, while other states have
laws that require training through an apprenticeship program and
require fire sprinkler fitters to be licensed or registered to
install fire sprinklers and other fire extinguishing systems,
California does not. Proponents contend that this bill
will protect California's citizens and firefighters from those
individuals installing fire sprinklers who do not have the
skills or training to properly do so.
Proponents point out that fire sprinklers and other fire
extinguishing systems are currently required to be serviced,
tested and maintained after installation. However, unqualified
fire sprinkler fitters can install these fire safety systems,
under existing law. The defective installation may go unnoticed
during routine inspections, testing, maintenance, and servicing.
The California Labor Federation believes this bill will improve
the safety of California's buildings and the usefulness of the
state's fire protection mandates by assuring that only qualified
sprinkler fitters are allowed to install this lifesaving
equipment.
In Opposition . The opposition argues this will add an unneeded
burdensome and costly bureaucracy to the SFM, which will lead to
increased costs for California businesses and the State. The
opposition believes that checks and balances are already in
place to ensure that systems are installed correctly, since
there are extensive plan checks, and inspections of the design
and installation process. The opposition further states this
bill permits local agencies to enact more stringent licensure
requirements that will force a contractor to be subject to
different requirements of supervision throughout the state.
This will create a confusing, duplicative and expensive system
of maintaining multiple licenses, and differing work and
training requirements as the contractor goes from jurisdiction
to jurisdiction.
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The California's Plumbing, Heating, and Cooling Contractors
(CAPHCC) believes this bill creates a double license for the
contractors as well as an additional license for tradesman
working on these systems. The contractor is ultimately
responsible for the work being performed and will be held
financially responsible should the work be inadequate, not the
individual(s) who work on the system. CAPHCC claims they are
concerned that the cost of implementing the certificate program
and ensuring proper enforcement by the SFM will be overly
burdensome and result in higher than anticipated fees for the
certificate in order for the SFM to recoup their costs.
Also writing in opposition, the Coalition for Adequate School
Housing (CASH) states this bill will increase costs for school
districts that contract with reputable private businesses for
the installation, service, and testing of fire alarm and
extinguishing systems. Further, it is important to note that
school construction work is inspected continuously by an
inspector who has been tested and approved by the Division of
the State Architect. The inspector is required to be present
daily throughout the project while maintaining a log of
construction activity, as well as identifying non-compliant
construction and/or installation.
Related legislation . SB 405 (Cogdill) of 2009, would, on and
after January 1, 2011, require installation project performed by
a Class C-16 fire protection contractor to be under the direct
and immediate supervision of a commercial fire sprinkler
supervisor or a residential fire sprinkler supervisor. The bill
would also, on and after January 1, 2011, require fire
protection contractors to implement a fire sprinkler
installation-training program for their sprinkler fitters, as
defined, and supervisors, with specified exemptions.
REGISTERED SUPPORT / OPPOSITION :
Support
California Labor Federation, AFL-CIO
California Professional Firefighters
California State Pipe Trade Council
Fire Sprinkler Advisory Board
Sprinkler Fitters Association of California
Opposition
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Associated Builders and Contractors of California
California Association of Life Safety and Fire Equipment
California Chapters of the American Fire Sprinkler Association
California's Plumbing, Heating, Cooling Contractors
Coalition for Adequate School Housing
Fire Equipment Manufacturers' Association
Fire Suppression Systems Association
FireMaster, Master Protection Corporation
Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531