BILL ANALYSIS �
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|Hearing Date:April 25, 2011 |Bill No:SB |
| |886 |
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SENATE COMMITTEE ON BUSINESS, PROFESSIONS
AND ECONOMIC DEVELOPMENT
Senator Curren D. Price, Jr., Chair
Bill No: SB 886Author:Corbett
As Introduced: February 18, 2011 Fiscal:Yes
SUBJECT: Sprinkler fitters: licensing.
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.
Existing law, the Business and Professions Code (BPC):
1) Licenses and regulates more than 300,000 contractors under the
Contractors State License Law (Contractors Law) 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
three licensing branches: (a) general engineering contracting, (b)
general building contracting, and, (c) specialty contracting. (BPC
� 7055)
3) Specifies that the specialty-contracting branch include a
contractor whose operations include the servicing or testing of
fire extinguishing systems. (BPC � 7058)
4) Requires the installation of a fire protection system, as
specified, to be performed only by a contractor holding a fire
protection contractor classification. (BPC � 7026.12)
5) 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. (BPC � 7145.5)
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6) 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. (BPC � 7110)
Existing law, the Health and Safety Code (HSC):
1) Requires the State Fire Marshal (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.
(HSC � 13195)
2) 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. (HSC � 13196.5)
3) 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. (HSC � 13197)
4) Makes any violation of these provisions or any regulation or
building standard of the SFM a misdemeanor. (HSC � 13199)
5) Authorizes the SFM 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. (HSC �
13197.6)
Existing law, the Penal Code (PC): Makes it a felony to fraudulently
install or maintain a fire sprinkler or fire extinguishing system with
the intent to install a fire protection system which is known to be
inoperable or to impair the effective operation of a system. (PC �
386)
This bill:
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1)Additionally authorizes the CSLB to refuse to issue, reinstate,
reactivate, renew, or suspend a contractor's license due to unpaid
financial liabilities, including penalties and fees that may be
assessed by the Office of the State Fire Marshal.
2)Establishes the Sprinkler Fitter Certification Act (Act) to provide
that a person shall not perform work on any fire suppression system
unless he or she possesses a valid sprinkler fitter, or a valid
sprinkler fitter apprentice permit and is directly or immediately
supervised by a holder of a valid certificate, as defined, issued by
the SFM.
3)Defines certain terms, for purposes of the Act, including:
a) "Direct and immediate supervision" means to be physically on
the project site while supervising others.
b) "Fire suppression system" means an automatic or manual system
designed to protect occupants or structures from fire, and
includes: a water sprinkler system, water spray system, foam
water system, foam-water spray system, carbon dioxide system,
foam extinguishing system, dry chemical system, wet chemical
system, halogenated system, and other chemical systems used for
fire protection. The term also includes sprinkler piping,
risers, standpipes, above ground supply lines, tank heaters, hose
connections to sprinkler systems, air lines, thermal systems used
in connection with sprinklers, and pumps dedicated for fire
suppression.
c) "Sprinkler fitter" means a person, other than an apprentice,
who performs work on a fire suppression system subject to the
provisions of National Fire Protection Association (NFPA)
Standard for Installation of Sprinkler Systems, as specified.
d) "Sprinkler fitter apprenticeship program" means an
apprenticeship training program, registered and approved by the
US Department of Labor, Bureau of Apprenticeship and Training, as
specified, or any state apprenticeship agency, and consists of a
minimum 8,000 hours of practical work experience on fire
suppression systems, with at least 700 of the hours in related
instruction, including classroom or shop instruction.
e) "Work on a fire suppression system" means the onsite layout,
onsite fabrication, testing, inspection, certification, work, and
practice concerning the construction, installation, alteration,
or extension of fire suppression systems, and the servicing,
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testing, or maintaining of automatic fire extinguishing systems,
as specified, but does not include:
i) Work on a fire alarm system, portable fire extinguisher,
or dry standpipe not connected to a fire suppression system.
ii) Work on yard hydrants and underground water supply lines
outside of the building.
iii) Demolition work.
iv) Work on one- and two-family dwellings, and manufactured
homes, as specified.
v) An inspection or other service performed by a state or
local fire official.
4)Prohibits a person from employing 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 certificate, (b) a valid sprinkler fitter
apprentice permit, if directly or immediately supervised by a holder
of a valid sprinkler fitter certificate, as specified.
5)Prohibits a person or entity from contracting to perform work on a
fire suppression system without holding a valid sprinkler fitter or
employing certified sprinkler fitters. Each employee who performs
work on a fire suppression system must hold the appropriate
certificate or permit.
6)Prohibits a person from soliciting, by sign, listing, or any other
form of advertisement, work regulated by this chapter unless he has
been certified or employs certified sprinkler fitters.
7)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 certificate, as defined.
8)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 does any of the following:
a) Completes an approved sprinkler fitter apprenticeship program,
and takes and passes an examination established by the SFM.
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b) Completes a plumbing or pipefitters apprenticeship program
approved by the Department of Industrial Relations, Division of
Apprenticeship Standards, on or before January 1, 2012, and takes
and passes an examination established by the SFM.
c) Holds a valid C-16 contractor license as a fire protection
contractor and takes and passes a written examination given by
the SFM.
9)Provides that a person may obtain a sprinkler fitter apprentice
permit by filing the application with the application fee and,
provides acceptable evidence to the SFM, that he or she is enrolled
in and attending an approved fire sprinkler fitter apprenticeship
program, as defined.
10)Establishes reciprocity provisions, by providing the SFM shall
issue a sprinkler fitter certificate, without examination, to a
person who files the application with the application fee and,
provides acceptable evidence to the SFM, that he or she is currently
practicing and competent and holds a similar sprinkler fitter
authorization from another state with qualification requirements
substantially similar to, or greater than, California, and that
state grants authorization to competent certificate holders.
11)Provides SFM shall issue a sprinkler fitter certificate, without
examination, to any person who, on or before June 30, 2012, submits
the application and fees, and demonstrates they have done any of the
following:
a) Successfully completed a state or federally approved sprinkler
fitter apprenticeship program.
b) Performed at least 8,000 hours of documented practical
experience of work on fire suppression systems within the past
five years.
c) Successfully completed a plumbing or pipefitters
apprenticeship program approved by the Department of Industrial
Relations, Division of Apprenticeship Standards on or before
January 1, 2012.
12)Provides the SFM shall maintain on a publicly accessible Internet
Website a central registry of those issued sprinkler fitter
certificates and sprinkler fitter apprentice permits, and update the
registry on a monthly basis.
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13)Makes various provisions regarding sprinkler fitter certificates,
and permits:
a) Each certificate and permit must be annually renewed.
b) Each certificate holder must annually complete a minimum of
eight hours of skill training related specifically to the
installation of fire suppression systems, and training courses
must be preapproved by the SFM.
c) The SFM shall issue a photo identification card to each
certificate holder or permit holder. Each certificate holder or
permit holder shall maintain the photo identification card in his
or her possession at all times when performing work on a fire
suppression system.
14)Provides the certification and permit requirements shall be
enforced by the SFM, and specifically authorizes the SFM to do the
following:
a) Inspect project worksites where work on fire suppression
systems is being performed to ensure that persons performing that
work possess valid certificates or permits.
b) In any circumstance in which the SFM determines that work on
fire suppression systems is being performed in violation of the
Act, the SFM shall issue a stop work order requiring that work to
cease. Work shall not be resumed until verification has been
made that all work on the fire suppression system is performed by
duly authorized persons.
c) Revoke or suspend a certificate or permit, or reprimand a
certificate holder or permit holder, for incompetence or for any
violation of the Act or of the SFM rules or regulations under the
Act.
15) Specifies that any person who violates any provision of the Act or
any rule, regulation, or order of the SFM shall be subject to a
civil penalty of $500 to $1,000, for each act or violation. Each
day a person performs work on a fire suppression system without a
valid certificate or permit shall constitute a separate violation.
16)Provides that any licensed contractor who violates any provision of
the Act shall be subject to disciplinary action by the Contractors'
State License Board.
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17)Makes it a misdemeanor for a person to knowingly or willfully
violate the Act or any applicable rule or regulation adopted
pursuant to the Act.
18)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 Act. Further provides that a city or county fire
department, or a district providing fire protection services, may
adopt a schedule of fees as required to cover the cost of
enforcement, as defined.
19)Provides that all annual and renewal fees collected, shall be
deposited in the SFM Licensing and Certification Fund (SFM-LCF), and
shall be available upon appropriation by the Legislature only for
purposes, as specified.
20)Makes legislative findings and declarations.
FISCAL EFFECT: Unknown. This bill has been keyed "fiscal" by
Legislative Counsel.
COMMENTS:
1. Purpose. This bill is sponsored by Sprinkler Fitters Association
of California (Sponsor) to ensure that those who install, repair,
maintain, test, and/or inspect fire sprinkler or suppression
systems have the proper training and expertise to do so, and that
important skill level is monitored and ensured through
certification by the State Fire Marshal.
According to the Sponsor: "Existing law ensures nothing nor does it
reduce the risk that a fire sprinkler or fire suppression system
will be installed, repaired, maintained, tested, or inspected
properly so that in its time of need, it will work properly and
protect the lives and property it is intended to protect.
Additionally, local fire agencies neither have the personnel nor
the finances to properly inspect these systems as they are
installed."
"There is no law or regulation in California that requires anyone who
installs, repairs, maintains, tests, and/or inspects fire
sprinklers or fire suppression systems to demonstrate, show, or
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verify they have had any such training at all, or have any such
expertise, other than the company itself being licensed by the
Contractors State Licensing Board. Anybody can install, maintain,
repair, test, and/or inspect fire sprinkler or fire suppression
systems in California, unlike many other states and local
communities."
2. Background. The Sponsor indicates 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 fitter, who
actually installs, repairs, modifies, services, maintains, and
tests the 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
Sponsor 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.
The Sponsor believes that the current system in which only the company
is licensed is inadequate for purposes of consumer protection.
Certification of the individual fitter is a mechanism to
demonstrate that the actual fitter has the requisite knowledge and
experience to work on these life safety systems. It is a
requirement that the fitter be trained, a requirement that is
currently absent from California law, according to the Sponsor.
The Sponsor states that the Department of Industrial Relations has
approved four statewide sprinkler fitter apprenticeship programs in
California that would be a viable training source to meet the
requirements of the Act. SB 886 would also permit those who have
completed a federally-approved apprenticeship program, or any
approved sprinkler apprenticeship program of another state to sit
for the SFM written examination.
Certification of knowledge and experience is merely a preventative
measure that is designed to reduce the likelihood, or risk of a
fire sprinkler system is defectively installed or maintained, and
will fail to perform as required during a catastrophic fire
incident, according to the Sponsor, and is designed to prevent the
loss of life, whether it is a first responder or a member of the
public.
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3. Related Legislation. AB 660 (Torrico) of 2010, was substantially
similar to this bill. This measure was held on Suspense in the
Senate Appropriations Committee.
SB 405 (Cogdill) of 2009, 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. This measure
was referred to Senate Business, Professions and Economic
Development Committee but was not heard.
AB 2288 (Torrico) of 2008, was also substantially similar to this
bill. This measure was held on Suspense in Senate Appropriations
Committee.
4. Arguments in Support. The Sprinkler Fitters Association of
California , in sponsoring the bill, indicates, along with Sprinkler
Fitters UA Local 709 and Road Sprinkler Fitters Local Union 669,
that fire sprinklers and extinguishing systems are many times
installed, maintained and serviced by unqualified persons, who do
so incorrectly. They further state: "A defective installation may
go unnoticed during routine inspections, testing, maintenance and
servicing of the fire safety systems. Yet for the life of the
building, the 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."
Proponents further argue that although several other states require
apprenticeship training programs and licensing or registration to
install, maintain and service fire extinguishing systems,
California does not. This bill will protect California's citizens
and firefighters from those not having the skill or training to
install, maintain, and service fire sprinklers, according to the
Proponents.
The Sponsor argues that while 17 other states and several major cities
have laws that require training through apprenticeship programs,
and require fire sprinkler fitters to be licensed, registered, or
certified to work on a fire sprinkler system and other fire
extinguishing systems, California does not. The Sponsor states
that fire departments across the state have shared many stories
describing faulty and inadequate work on fire suppression systems
in their respective jurisdictions. The problem is that the
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defective work may go unnoticed during the routine inspection of
the fire safety system. Placing the burden to inspect and check
each and every component of a sprinkler system upon state and local
fire officials is irresponsible because across the state neither
have the staff nor money to do so. The answer is to establish a
minimum statewide training standard for those who install or work
on these life safety systems, according to the Sponsor.
5. Arguments in Opposition. As introduced, this bill is opposed by
California Association of Life Safety and Fire Equipment (CALSAFE),
Associated Builders and Contractors of California (ABC California),
the American Institute of Architects California Council (AIA), the
California Restaurant Association (CRA), Golden State Builders
Exchanges (GSBE) and the National Federation of Independent
Business (NFIB), arguing that the bill would create a monopoly
where only licensed fire sprinkler fitters are allowed to install
and perform service on all fire suppression equipment, regardless
of training or specialty, including not just water-based
sprinklers, but also non-water based pre-engineered and engineered
fire protection systems. The Opponents further argue that
currently there are numerous review and inspection points by local
building departments, fire departments, architects, fire protection
engineers, built into the current installation process that should
ensure the final product meets the design and functionality
criteria intended. The licensed C-16 contractor is also monitoring
work to protect their specialty license and business.
Opponents believe that in difficult fiscal times, businesses simply
cannot afford increased costs. Increased costs will not only
affect businesses, but also all commercial end-users such as
restaurants, hotels, schools, universities and all local and state
government entities, all of which purchase and maintain fire
suppression equipment covered by this bill.
Fire Equipment Manufacturers' Association (FEMA) believes the bill as
drafted is overly broad and appears to require that only sprinkler
fitters can install, service or maintain fire extinguishing
systems, including systems that are not connected to sprinklers,
are not water based, and that are currently installed, serviced and
maintained by licensed fire service companies. FEMA argues that
the bill would raise costs for businesses, schools, local and state
government, and more importantly, would decrease fire safety in
California and have a negative impact on small businesses.
According to FEMA, the bill protects and promotes the fire sprinkler
fitter industry at the expense of those fire service companies who
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currently work on pre-engineered and engineered fire suppression
systems. FEMA suggests that California state fire codes require
most public occupancies (businesses, schools etc.) to be protected
by a mixture of water based sprinklers and fixed automatic fire
extinguishing systems, such as a fire extinguishing hood system
that is required over restaurant stoves.
FEMA draws a distinction between the various types of fire suppression
systems and the types of businesses that work on those systems, and
argues that in California, a mix of fire sprinkler fitters work on
sprinkler systems and fire service companies work on fire
suppression systems. The existing system allows for competition
within the industry, but more importantly allows those who are best
trained and qualified to work on certain systems to work on those
systems (i.e. fire sprinkler fitters on water based sprinklers, and
fire service companies on engineered and pre-engineered fire
protection systems).
This measure would dissolve the current system, which FEMA believes
functions well, and would eliminate all market competition. Only
licensed fire sprinkler fitters would be allowed to work on any
fire suppression equipment, regardless of training or specialty,
including not just water based sprinklers, but pre-engineered and
engineered fire protection systems, according to FEMA.
Finally, FEMA believes that fire sprinkler fitters, as defined in this
bill, will not have the necessary experience or training
(especially manufacturer's training) to properly install, service,
maintain or test the wide range of fire protection equipment in the
bill. "While we would not argue fire sprinkler fitters are best
qualified to work on water based sprinkler systems, we cannot agree
that fire sprinkler fitters are the only people qualified to work
on any and all fire protection equipment."
6. Policy Issue : Are disciplinary actions required by CSLB
appropriate? This bill would authorize 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 Office of the State Fire Marshal. The bill
does this by adding the SFM to the list of state agencies that
enforce the state's labor and employment laws, and collect tax
revenues, specifically: the Department of Industrial Relations,
the Employment Development Department, and the Franchise Tax Board.
The Committee may wish to consider whether the proposed regulatory
operations under the State Fire Marshall are at the same level of
concern which would warrant the suspension of a contractor's
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license for unpaid financial liabilities to the agency.
This bill also specifies under the Health and Safety Code that any
person licensed by the CSLB who violates any of the building laws
or standards enacted relating to automatic fire extinguishing
systems in the Health and Safety Code shall be deemed in willful or
deliberate disregard and violation of the building laws and subject
to disciplinary action by the CSLB. The bill does this by
referencing Section 7110 of the Business and Professions Code.
Since this is establishing a cause for disciplinary action against
a licensee of the CSLB, it would seem appropriate that the
provision be mirrored in the Contractors State License Law in the
Business and Professions Code.
NOTE : Double-referral to Public Safety Committee second. (Because of
legislative deadlines, any amendments that are made to the bill in
this Committee should be processed in the next committee.)
SUPPORT AND OPPOSITION:
Support:
Sprinkler Fitters Association of California (Sponsor)
Sprinkler Fitters UA Local 709
Road Sprinkler Fitters Local Union 669
Opposition:
American Institute of Architects California Council
Associated Builders and Contractors of California
California Association of Life Safety and Fire Equipment
California Restaurant Association
Fire Equipment Manufacturers' Association
Golden State Builders Exchanges
Marin Builders Association
National Federation of Independent Business
Consultant:G. V. Ayers
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