BILL ANALYSIS
AB 660
Page 1
ASSEMBLY THIRD READING
AB 660 (Torrico)
As Introduced February 25, 2009
Majority vote
GOVERNMENTAL ORGANIZATION 11-4 BUSINESS & PROFESSIONS 7-4
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|Ayes:|Price, Chesbro, Coto, De |Ayes:|Hayashi, Eng, Hernandez, |
| |Leon, Galgiani, Hall, | |Nava, |
| |Hill, Lieu, Portantino, | |John A. Perez, Price, |
| |Torres, Torrico | |Ruskin |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Anderson, Cook, Silva, |Nays:|Emmerson, Conway, Niello, |
| |Tran | |Smyth |
| | | | |
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APPROPRIATIONS 12-5
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|Ayes:|De Leon, Ammiano, | | |
| |Charles Calderon, Davis, | | |
| |Fuentes, Hall, John A. | | |
| |Perez, Price, Skinner, | | |
| |Solorio, Torlakson, | | |
| |Krekorian | | |
| | | | |
|-----+-------------------------+-----+--------------------------|
|Nays:|Nielsen, Duvall, Harkey, | | |
| |Miller, | | |
| |Audra Strickland | | |
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SUMMARY : 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)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
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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: a)
a valid sprinkler fitter or limited scope sprinkler fitter
certificate issued, as defined; b) 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.
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
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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: a) files an application and pays an application fee as
established by the SFM; and, b) 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 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
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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 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.
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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 systems,
to pay a monetary penalty to the SFM in lieu of an actual
suspension of the license.
FISCAL EFFECT : According to the Assembly Appropriations Committee:
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 :
Purpose of the bill : According to the author, the types of fire
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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 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
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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.
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
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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.
Previous 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 Legislative
Session.
Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531
FN: 0001153