BILL ANALYSIS
Bill No: AB
660
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Roderick D. Wright, Chair
2009-2010 Regular Session
Staff Analysis
AB 660 Author: Torrico
As Introduced: June 17, 2009
Hearing Date: June 23, 2009
Consultant: Chris Lindstrom
SUBJECT
Fire sprinklers.
DESCRIPTION
AB 660 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, as defined, issued by the SFM.
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, or,
(b) a valid sprinkler fitter apprentice permit, if
directly or immediately supervised by a holder of a valid
sprinkler fitter or limited scope sprinkler fitter
certificate, as specified.
AB 660 (Torrico) continued
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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 or employing certified sprinkler fitters.
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 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
AB 660 (Torrico) continued
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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, 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 meets specified requirements. A certificate
issued shall expire on December 31, 2010, and thereafter,
be annually renewed in accordance with the act.
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
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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
Existing law authorizes the Contractors State License Board
(CSLB) within the Department of Consumer Affairs (DCA) 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.
Existing law requires the installation of a fire protection
system, as specified, to be performed only by a contractor
holding a fire protection contractor classification.
Existing law 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.
Existing law 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.
Existing law 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
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standards of the National Fire Protection Association and
specified voluntary standards published by the SFM.
Existing law prohibits any person from engaging in the
business of servicing or testing automatic fire
extinguishing systems without a license issued by the 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.
Existing law 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.
Existing law makes any violation of these provisions or any
regulation or building standard of the SFM a misdemeanor.
Existing law 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.
BACKGROUND
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
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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 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.
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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.
Arguments 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 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
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installation.
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PRIOR/RELATED LEGISLATION
SB 405 (Cogdill), 2009-2010 Legislative Session . Requires,
on and after January 1, 2011, the installation of a 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. Requires, on and after January 1, 2011, fire
protection contractors to implement a fire sprinkler
installation-training program for their sprinkler fitters,
as defined, and supervisors, with specified exemptions.
(In Senate Business, Professions and Economic Development
Committee)
AB 2288 (Torrico), 2007-2008 Legislative Session .
Substantially similar to AB 660 of 2009. (Withdrawn from
Senate Appropriations Committee and held in Senate Rules
Committee)
SUPPORT: As of June 19, 2009:
California Labor Federation, AFL-CIO
California Professional Firefighters
California State Pipe Trade Council
Fire Sprinkler Advisory Board
Sprinkler Fitters Association of California
OPPOSE: As of June 19, 2009:
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
Construction Industry Legislative Council
Fire Equipment Manufacturers' Association
Fire Suppression Systems Association
FireMaster, Master Protection Corporation
Paramount Fire Systems, Inc.
DUAL REFERRAL: Senate Public Safety Committee
FISCAL COMMITTEE: Senate Appropriations Committee
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