BILL ANALYSIS
AB 660
Page 1
Date of Hearing: April 28, 2009
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Mary Hayashi, Chair
AB 660 (Torrico) - As Introduced: February 25, 2009
SUBJECT : Sprinkler fitters: licensing.
SUMMARY : Requires the State Fire Marshal (SFM) to certify and
regulate sprinkler fitters. Specifically, this bill :
1)Establishes the Sprinkler Fitter Certification Act (SFCA).
2)Requires that a person performing work on any fire suppression
system to hold a valid sprinkler fitter or limited scope
sprinkler fitter certificate, or sprinkler fitter apprentice
permits.
3)Prohibits an uncertified individual from soliciting or
advertising work as a sprinkler fitter.
4)Provides that the SFCA does not apply to a person performing
work on his or her private residence.
5)Allows a local jurisdiction to establish standards for the
training, testing, and certification of the sprinkler fitter
trade that exceed SFCA standards.
6)Requires that a sprinkler fitter apprentice be supervised by a
certified sprinkler fitter while performing work on a fire
suppression system. The sprinkler fitter trainee permit
expires January 2014.
7)Authorizes the SFM to issue a sprinkler fitter certificate
upon receipt of the appropriate application and fees.
8)Requires a fire sprinkler fitter apprentice to be enrolled in
an apprenticeship program. A sprinkler fitter apprentice
trainee permit shall expire January 1, 2004 without renewal.
9)States that a limited scope sprinkler fitter certificate
issued on or before June 30, 2010, will expire on December 31,
2010.
10)Requires the SFM to maintain a central registry of the names
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of all persons to whom it has issued sprinkler fitter
certificates and permits.
11)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.
12)Contains various definitions pertaining to the SFCA.
13)Makes legislative findings and declarations.
EXISTING LAW :
1)Authorizes the Contractors State License Board (CSLB) to
license and regulate contractors.
2)Authorizes the CSLB to issue licenses in the following
branches:
a) General engineering contracting;
b) General building contracting; and,
c) Specialty contracting. Specifies that the
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 to be
performed by a classified fire protection contractor.
4)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.
5)Requires the SFM to regulate and issue licensees who service,
test, and maintain all automatic fire extinguishing systems,
including, but not limited to, fire sprinkler systems.
6)Prohibits any person from engaging in the business of
servicing or testing automatic fire extinguishing systems
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without a license issued by SFM and exempts the CSLB to engage
in the business of servicing or testing fire extinguishing
systems.
7)Makes any violation of these provisions or any regulation or
building standard of the SFM a misdemeanor.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of the bill . According to the author, "There are no
requirements in California that persons who install fire
suppression life safety systems have any training or skill to do
so. (There is) no standard level of training required, nor any
training required in California."
The author states that 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 . Currently, the SFM issues licenses to engineers who
test, maintain and service fire sprinklers and other automatic
fire extinguishing systems. These engineers do not necessarily
install the sprinkler systems. CSLB licenses contractors who
install those automatic fire extinguishing systems. Only
contractors, or the employees working under the supervision of
contractors, can install fire sprinklers. The SFM is
responsible for checking and testing these sprinkler systems,
but can only capture a sample of all the sprinklers that need to
be tested with its limited resources. The International
Residential Code (IRC) mandates the installation of fire
sprinkler systems in all new residential construction beginning
in 2011, and California will need to prepare for this new
regulation. This bill aims to prevent sprinkler failure by
ensuring that all sprinkler fitters are qualified to install
sprinkler systems properly. The SFM would need funding to cover
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the start-up costs of implementing the sprinkler fitter
certification and permit fees, as well as establishing the
regulations that need to take place. An alternative way to
ensure that sprinkler fitters have the knowledge to perform
proper installations of fire extinguishing systems would be to
establish continuing education or training requirements under
CSLB.
Support . According to the Sprinkler Fitters Association of
California, "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
sprinkler fitters, and are many times installed incorrectly.
The defective installation may go unnoticed during routine
inspections, testing, maintenance and servicing of the fire
safety system. Yet, for the life of the build, that fire
sprinkler or fire extinguishing system will never operate
properly when that catastrophic moment comes for it to performs
its life saving and fire protection service."
According to the Sprinkler Advisory Board, "While several other
states of the nation have laws that require training through
apprenticeship programs, and require fire sprinkler fitters to
be licensed or registered to install fire sprinklers and other
fire extinguishing systems, California does not. AB 660 will
protect California's citizens and firefighters from those not
having the skills or training to install fire sprinklers, but
who are currently doing so."
Opposition . According to California Association of Life Safety
and Fire Equipment, "The monopoly created by the bill for fire
sprinkler fitters will eliminate the competition vital for
quality service and fair prices for consumers and will drive up
costs for end users of these fire suppression systems. The
proponents of this legislation have not produced any documented
evidence of improper installations. In fact, there are numerous
review and inspection points built into the current installation
process, no less than five, that should ensure the final product
meets the design and functionality criteria intended."
According to the Fire Suppression Systems Association, "While a
sprinkler fitter, plumber or pipe fitter may be qualified to
work on a water sprinkler system connected to the building's
primary water source, these skills are totally unrelated to a
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person's qualification to design, install, test, service, and
maintain Clean Agent Fire Suppression Systems? "Clean Agent Fire
Suppression Systems" include engineered and pre-engineered fixed
fire suppression systems which use non-water extinguishing
agents, such as dry chemical, wet chemical, carbon dioxide,
foam, halogenated agents and other inert gas and halocarbon
clean agent extinguishing systems. AB 660 is completely
unnecessary. The SFM already has a licensing program in place
for all persons working on automatic fire extinguishing
systems."
According to the Plumbing-Heating-Cooling Contractors of
California, "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 the one
held financially responsible should the work be inadequate, not
the individual(s) who worked on a system. We 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. This program proposed
under AB 660 will require annual renewal, and fees, to keep a
certificate valid.
"Additionally, the contractors, and their employees, will incur
costs for the continuing education and loss of income by missing
work to attend the training. These same contractors who install
automatic fire extinguishing systems must already hold a license
from the CSLB, and must maintain a qualified and trained
workforce. CSLB already has the ability to investigate and
discipline contractors."
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 :
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Support
California Labor Federation, AFL-CIO
California Professional Firefighters
California State Pipe Trade Council
Fire Sprinkler Advisory Board
Sprinkler Fitters Association of California
Opposition
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 : Joanna Gin / B. & P. / (916) 319-3301