BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 660
                                                                  Page  1

          Date of Hearing:   May 13, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                AB 660 (Torrico) - As Introduced:  February 25, 2009 

          Policy Committee:                              Governmental  
          Organization Vote:                            11 - 4
                        Business and Professions                7 - 4

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  

          This bill prohibits any person from installing or modifying a  
          fire sprinkler system, a wet standpipe system, or an automatic  
          fire extinguishing system without a certificate of registration  
          issued by the State Fire Marshal (SFM). Specifically, this bill:  


          1)Prohibits anyone from installing certain fire extinguishing  
            systems without a certificate of registration.

          2)Requires the revenue from all monetary penalties, licensing  
            fees, and renewal fees be deposited in the State Fire Marshal  
            Licensing and Certification Fund.

          3)Requires the SFM to maintain a central registry of names of  
            all persons to whom it has issued a sprinkler fitter or  
            limited scope sprinkler fitter certificate and sprinkler  
            fitter apprentice or sprinkler fitter trainee permit. In  
            addition, it requires that the registry be maintained on a  
            publicly accessible website and that it be updated on a  
            monthly basis. 

          4)Requires the SFM to adopt regulations for administering the  
            certification program. Those regulations must include  
            qualifications; continuing education; bases for denial or  
            revocations; a schedule of fees for administration and  
            enforcement; and the period for, and renewal of, the  
            certificate of registration. 

          5)States that any person who violates any provision of this  








                                                                  AB 660
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            chapter shall be subject to a civil penalty of not less than  
            $500 and not more than $1000 for each violation.

          6)States that any person who knowingly or willfully violates  
            this chapter or any applicable rule or regulation shall be  
            guilty of a misdemeanor.

          7)Makes various specifications for the administration of the  
            program.

           FISCAL EFFECT  

          1)On-going annual costs of approximately $500,000 in special  
            funds to run the program.

          2)One-time, up front costs of less than $10,000 GF for the SFM  
            to write regulations, purchase equipment and set up the  
            program.

          3)Negligible, non-reimbursable costs for prosecution and/or  
            incarceration, offset by fine revenue, for misdemeanor  
            violations of provisions associated with installing or  
            modifying a sprinkler system without having the proper  
            certification.

           COMMENTS  

           1)Purpose  .  According to the author, this bill will improve the  
            safety of buildings that have fire extinguishing systems by  
            requiring that all installation and modification of the  
            systems be performed by contractors who have been certified by  
            the SFM as having the proper education and training to work on  
            the systems.

            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. 








                                                                  AB 660
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           2)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 that should ensure the final  
            product meets the design and functionality criteria intended."

           3)Related Legislation  . In 2008, AB 2288 (Torrico), a  
            substantially similar bill, was initially held under  
            submission by the Senate Appropriations Committee, then  
            withdrawn and returned to the Senate Rules Committee where it  
            died at the end of the 2007-08 session.

           Analysis Prepared by  :    Julie Salley-Gray / APPR. / (916)  
          319-2081