S‑0343.1   _____________________________________________

 

SENATE BILL 5732

 

           _____________________________________________

 

State of Washington      57th Legislature     2001 Regular Session

 

By Senators Prentice and Winsley

 

Read first time 02/01/2001.  Referred to Committee on Labor, Commerce & Financial Institutions.

_1      AN ACT Relating to fire sprinkler fitters; amending RCW

_2  18.160.010, 18.160.030, 18.160.040, 18.160.080, and 18.160.100;

_3  adding new sections to chapter 18.160 RCW; and prescribing

_4  penalties.

     

_5  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     

_6      Sec. 1.  RCW 18.160.010 and 1990 c 177 s 2 are each amended to read

_7  as follows:

_8      The ((following words or terms shall have the meanings

_9  indicated)) definitions in this section apply throughout this

10  chapter unless the context clearly ((indicates)) requires

11  otherwise.

12      (1) "Apprentice" or "trainee" means a person who is learning

13  the fire sprinkler fitting trade, under the direct supervision of

14  a state certified fire sprinkler fitter holding a level of

15  certification equal to or above the level of fire sprinkler work

16  being done by the apprentice.

17      (2) "Board" means the state fire protection policy board

18  created in RCW 43.43.932.

                               p. 1                       SB 5732

 

_1      (3) "Certificate of competency holder" means an individual who

_2  has satisfactorily met the qualifications and has received a

_3  certificate of competency from the state director of fire

_4  protection under the provisions of this chapter.

_5      (((2))) (4) "Certified fire sprinkler fitter" means a person

_6  who has been certified by the board to work under the supervision

_7  of a licensed fire protection contractor under the provisions of

_8  this chapter.

_9      (5) "Fire protection sprinkler fitting" means the installation,

10  maintenance, and repair of sprinkler, standpipe, hose, or other

11  hazard systems for fire protection purposes, that is an assembly

12  of underground and/or overhead piping or conduit beginning at the

13  connection to the primary water supply, whether public or private.

14      (6) "Fire protection sprinkler system contractor" means a

15  person or organization that offers to undertake the execution of

16  contracts for the installation, inspection, maintenance, or

17  servicing of a fire protection sprinkler system or any part of

18  such a system.

19      (((3))) (7) "Fire protection sprinkler system" means an

20  assembly of underground and/or overhead piping or conduit

21  beginning at the connection to the primary water supply, whether

22  public or private, that conveys water with or without other agents

23  to dispersal openings or devices to extinguish, control, or

24  contain fire and to provide protection from exposure to fire or

25  other products of combustion.

26      (((4))) (8) "Fire protection sprinkler system contractor's

27  license" means the license issued by the state director of fire

28  protection to a fire protection sprinkler system contractor upon

29  an application being approved, the fee being paid, and the

30  satisfactory completion of the requirements of this chapter.  The

31  license shall be issued in the name of the fire protection

32  sprinkler system contractor with the name or names of the

33  certificate of competency holder noted thereon.

34      (((5))) (9) "Fire sprinkler certificate holder" includes a

35  level I, II, and III fire sprinkler certificate holder, a level IV

36  underground installer certificate holder, a level V inspection,

37  testing, and maintenance technician, and a level VI limited fire

SB 5732                        p. 2

_1  sprinkler fitter certificate holder and training certificate

_2  holder.

_3      (10) "NFPA 13" means whatever standard that is used by the

_4  national fire protection association for the installation of fire

_5  protection sprinkler systems.

_6      (11) "NFPA 13-D" means whatever standard that is used by the

_7  national fire protection association for the installation of fire

_8  protection sprinkler systems in one or two-family residential

_9  dwellings or mobile homes.

10      (((6))) (12) "NFPA 13-R" means whatever standard that is used

11  by the national fire protection association for the installation

12  of fire protection sprinkler systems in residential dwellings up

13  to four stories in height.

14      (((7))) (13) "NFPA 25" means whatever standard that is used by

15  the national fire protection association establishing minimum

16  requirements for the periodic inspection, testing, and maintenance

17  of water-based fire protection systems.

18      (14) "Inspection" means a visual examination of a fire

19  protection sprinkler system or portion of the system to verify

20  that the system appears to be in operating condition and is free

21  from physical damage and complies with the applicable statutes and

22  ((regulations)) rules adopted by the state director of fire

23  protection.

24      (((8))) (15) "Installation" means the initial design placement

25  of fire protection sprinkler system equipment or the extension,

26  modification, or alteration of equipment after the initial

27  placement.  Installation shall include the work from a street or

28  main water access throughout the entire building.

29      (((9))) (16) "Maintenance" means to maintain in the condition

30  of repair that provides performance as originally planned.

31      (((10))) (17) "Organization" means a corporation, partnership,

32  firm, or other business association, governmental entity, or any

33  other legal or commercial entity.

34      (((11))) (18) "Person" means a natural person, including an

35  owner, manager, partner, officer, employee, or occupant.

36      (((12))) (19) "Service" means to repair or test.

37      (20) "State certified level I - journeyman fire sprinkler

                               p. 3                       SB 5732

_1  fitter" means a state certificate holder who is qualified to

_2  install, inspect, maintain, or service an NFPA 13-D fire

_3  protection sprinkler system or any part of such a system.

_4      (21) "State certified level II - journeyman fire sprinkler

_5  fitter" means a state certificate holder who is qualified to

_6  install, inspect, maintain, or service either an NFPA 13-D, or an

_7  NFPA 13-R, or both, fire protection sprinkler system or any part

_8  of such a system.

_9      (22) "State certified level III - journeyman fire sprinkler

10  fitter" means a state certificate holder who is qualified to

11  install, inspect, maintain, or service a fire protection sprinkler

12  system.

13      (23) "State certified level IV - fire sprinkler underground

14  pipe fitter" means a state certificate holder who is qualified to

15  install, inspect, maintain, or service the underground portions of

16  fire protection systems in conformance with recognized standards

17  adopted by the board.

18      (24) "State certified level V - fire sprinkler system

19  inspection, testing, and maintenance technician" means a state

20  certificate holder who is qualified to inspect, maintain, or test

21  an NFPA 13-D, NFPA 13-R, NFPA 13, or all other fire protection

22  sprinkler systems regulated in this chapter.

23      (25) "State certified level VI - limited journeyman fire

24  sprinkler fitter" means a person with limited certification

25  restricted to working on premises or that part of the premises

26  actually owned or leased, and occupied by the limited certificate

27  holder's employer.  A limited certificate holder is limited to

28  working on the properties owned or leased by the limited fire

29  sprinkler fitter's employer, to the level of competence, as

30  certified and documented to the board by the limited certificate

31  holder's employer.

32      (26) "State director" or "director" means the state director of

33  fire protection appointed under RCW 43.43.938.

     

34      Sec. 2.  RCW 18.160.030 and 2000 c 171 s 35 are each amended to

35  read as follows:

36      (1) This chapter shall be administered by the state director of

37  fire protection.

SB 5732                        p. 4

 

_1      (2) The state director of fire protection shall have the

_2  authority, and it shall be his or her duty to:

_3      (a) Issue such administrative ((regulations)) rules as

_4  necessary for the administration of this chapter;

_5      (b)(i) Set reasonable fees for licenses, certificates, testing,

_6  and other aspects of the administration of this chapter.  However,

_7  the license fee for fire protection sprinkler system contractors

_8  engaged solely in the installation, inspection, maintenance, or

_9  servicing of NFPA 13-D fire protection sprinkler systems shall not

10  exceed one hundred dollars, and the license fee for fire

11  protection sprinkler system contractors engaged solely in the

12  installation, inspection, maintenance, or servicing of NFPA 13-R

13  fire protection sprinkler systems shall not exceed three hundred

14  dollars;

15      (ii) Adopt rules establishing a special category restricted to

16  contractors registered under chapter 18.27 RCW who install

17  underground systems that service fire protection sprinkler

18  systems((.  The rules shall be adopted within ninety days of March

19  31, 1992));

20      (c) Enforce the provisions of this chapter;

21      (d) Conduct investigations of complaints to determine if any

22  infractions of this chapter or the ((regulations)) rules developed

23  under this chapter have occurred;

24      (e) Assign a certificate number to each certificate of

25  competency holder; ((and))

26      (f) Adopt rules necessary to implement and administer a program

27  which requires the affixation of a seal any time a fire protection

28  sprinkler system is installed, which seal shall include the

29  certificate number of any certificate of competency holder who

30  installs, in whole or in part, the fire protection sprinkler

31  system;

32      (g) Adopt rules necessary to assess and collect fees associated

33  with the enforcement of a correction order.  These fees shall

34  include but not be limited to personnel costs and inspection costs

35  associated with compliance of the order;

36      (h) Assess and collect fees associated with the investigation

37  of violations of this chapter and the issuance of a correction

38  order.  These fees shall include but not be limited to personnel

                               p. 5                       SB 5732

_1  costs and inspection costs associated with the investigation of

_2  the violation of this chapter and the issuance and compliance of

_3  the order;

_4      (i) Adopt rules necessary to assess monetary penalties of a

_5  civil nature for a violation of the provisions of this chapter;

_6      (j) Adopt rules, make specific decisions, orders, and rulings,

_7  including demands and findings, and take other necessary action

_8  for the implementation and investigation of alleged infractions of

_9  this chapter; and

10      (k) Adopt rules necessary to collect fees and establish

11  guidelines for conducting plan reviews and inspections when

12  requested.

     

13      Sec. 3.  RCW 18.160.040 and 2000 c 171 s 36 are each amended to

14  read as follows:

15      (1) To become a certificate of competency holder under this

16  chapter, an applicant must have satisfactorily passed an

17  examination administered by the state director of fire

18  protection.  A certificate of competency holder can satisfy this

19  examination requirement by presenting a copy of a current

20  certificate of competency from the national institute for

21  certification in engineering technologies showing that the

22  applicant has achieved the classification of engineering

23  technician level 3 or senior engineering technician level 4 in the

24  field of fire protection, automatic sprinkler system layout. ((The

25  state director of fire protection may accept equivalent proof of

26  qualification in lieu of examination.))  This examination

27  requirement is mandatory except as otherwise provided in this

28  chapter.

29      (2) Every applicant for a certificate of competency shall

30  fulfill the requirements established by the state director of fire

31  protection under chapter 34.05 RCW.

32      (3) Every applicant for a certificate of competency shall make

33  application to the state director of fire protection and pay the

34  fees required.

35      (4) ((Provided the application for the certificate of

36  competency is made prior to ninety days after May 1, 1991, the

37  state director of fire protection, in lieu of the examination

SB 5732                        p. 6

_1  requirements of the applicant for a certificate of competency, may

_2  accept as satisfactory evidence of competency and qualification,

_3  affidavits attesting that the applicant has had a minimum of three

_4  years' experience.

_5      (5) The state director of fire protection may issue a temporary

_6  certificate of competency to an applicant who, in his or her

_7  judgment, will satisfactorily perform as a certificate of

_8  competency holder under the provisions of this chapter.  The

_9  temporary certificate of competency shall remain in effect for a

10  period of up to three years.  The temporary certificate of

11  competency holder shall, within the three-year period, complete

12  the examination requirements specified in subsection (1) of this

13  section.  There shall be no examination exemption for an individual

14  issued a temporary certificate of competency.  Prior to the

15  expiration of the three-year period, the temporary certificate of

16  competency holder shall make application for a regular certificate

17  of competency.  The procedures and qualifications for issuance of a

18  regular certificate of competency shall be applicable to the

19  temporary certificate of competency holder. When a temporary

20  certificate of competency expires, the holder shall cease all

21  activities associated with the holding of a temporary certificate

22  of competency, subject to the penalties contained in this chapter.

23      (6))) To become a licensed fire protection sprinkler system

24  contractor under this chapter, a person or firm must comply with

25  the following:

26      (a) Must be or have in his or her full-time employ a holder of

27  a valid certificate of competency;

28      (b) Comply with the minimum insurance requirements of this

29  chapter; and

30      (c) Make application to the state director of fire protection

31  for a license and pay the fees required.

32      (((7))) (5) Each license and certificate of competency issued

33  under this chapter must be posted in a conspicuous place in the

34  fire protection sprinkler system contractor's place of business.

35      (((8))) (6) All bids, advertisements, proposals, offers, and

36  installation drawings for fire protection sprinkler systems must

37  prominently display the fire protection sprinkler system

38  contractor's license number.

                               p. 7                       SB 5732

 

_1      (((9))) (7) A certificate of competency or license issued under

_2  this chapter is not transferable.

_3      (((10))) (8) In no case shall a certificate of competency

_4  holder be employed full time by more than one fire protection

_5  sprinkler system contractor at the same time.  If the certificate of

_6  competency holder should leave the employment of the fire

_7  protection sprinkler system contractor, he or she must notify the

_8  state director of fire protection within thirty days.  If the

_9  certificate of competency holder should leave the employment of

10  the fire protection sprinkler system contractor, the contractor

11  shall have six months or until the expiration of the current

12  license, whichever occurs last, to submit a new application

13  identifying another certificate of competency holder who is at the

14  time of application an owner of the fire protection sprinkler

15  system business or a full-time employee of the fire protection

16  sprinkler system contractor, in order to be issued a new license.

17  If such application is not received and a new license issued

18  within the allotted time, the state director of fire protection

19  shall revoke the license of the fire protection sprinkler system

20  contractor.

     

21      Sec. 4.  RCW 18.160.080 and 1997 c 58 s 834 are each amended to

22  read as follows:

23      (1) The state director of fire protection may refuse to issue

24  or renew or may suspend or revoke the privilege of a licensed fire

25  protection sprinkler system contractor or the certificate of a

26  certificate of competency holder to engage in the fire protection

27  sprinkler system business or in lieu thereof, establish and assess

28  civil fines or penalties as prescribed by Washington state law,

29  for any of the following reasons:

30      (a) Gross incompetency or gross negligence in the preparation

31  of technical drawings, installation, repair, alteration,

32  maintenance, inspection, service, or addition to fire protection

33  sprinkler systems;

34      (b) Conviction of a felony;

35      (c) Fraudulent or dishonest practices while engaging in the

36  fire protection sprinkler systems business;

SB 5732                        p. 8

 

_1      (d) Use of false evidence or misrepresentation in an

_2  application for a license or certificate of competency;

_3      (e) Permitting his or her license to be used in connection with

_4  the preparation of any technical drawings which have not been

_5  prepared by him or her personally or under his or her immediate

_6  supervision, or in violation of this chapter; or

_7      (f) Knowingly violating any provisions of this chapter or the

_8  ((regulations)) rules issued thereunder.

_9      (2) The state director of fire protection shall revoke the

10  license of a licensed fire protection sprinkler system contractor

11  or the certificate of a certificate of competency holder who

12  engages in the fire protection sprinkler system business while the

13  license or certificate of competency is suspended.

14      (3) ((The state director of fire protection shall immediately

15  suspend any license or certificate issued under this chapter if

16  the holder has been certified pursuant to RCW 74.20A.320 by the

17  department of social and health services as a person who is not in

18  compliance with a support order or a residential or visitation

19  order.  If the person has continued to meet all other requirements

20  for issuance or reinstatement during the suspension, issuance or

21  reissuance of the license or certificate shall be automatic upon

22  the director's receipt of a release issued by the department of

23  social and health services stating that the person is in

24  compliance with the order.

25      (4))) Any licensee or certificate of competency holder who is

26  aggrieved by an order of the state director of fire protection

27  suspending or revoking a license or assessing civil fines may,

28  within thirty days after notice of such suspension ((or)),

29  revocation, or civil fine, appeal under chapter 34.05 RCW.  ((This

30  subsection does not apply to actions taken under subsection (3) of

31  this section.))

     

32      Sec. 5.  RCW 18.160.100 and 1992 c 116 s 3 are each amended to read

33  as follows:

34      Any fire protection sprinkler system contractor who constructs,

35  installs, or maintains a fire protection sprinkler system in any

36  occupancy, except an owner-occupied single-family dwelling,

37  without first obtaining a fire sprinkler contractor's license from

                               p. 9                       SB 5732

_1  the state of Washington, is guilty of either a gross misde­meanor,

_2  or subject to civil fines and penalties, or both.  This section may

_3  not be construed to create any criminal liability for a prime

_4  contractor or an owner of an occupancy unless it is proved that

_5  the prime contractor or owner had actual knowledge of ((an)) the

_6  illegal construction, installation, or maintenance of a fire

_7  protection sprinkler system by a fire protection sprinkler system

_8  contractor.

     

_9      NEW SECTION.  Sec. 6.  (1) A person wishing to engage in the

10  trade of fire sprinkler fitting must, within three years of the

11  effective date of this section, obtain and maintain a fire

12  sprinkler fitter certification equal to or greater than the level

13  of work in which the sprinkler fitter will be engaged.

14      (2) No person may engage in or offer to engage in the trade of

15  fire sprinkler fitting without having:

16      (a) A level I journeyman fire sprinkler fitter certificate;

17      (b) A level II journeyman fire sprinkler fitter certificate;

18      (c) A level III journeyman fire sprinkler fitter certificate;

19      (d) A level IV fire sprinkler underground pipe fitter

20  certificate;

21      (e) A level V fire sprinkler system inspection, testing, and

22  maintenance technician certificate;

23      (f) A level VI limited journeyman fire sprinkler fitter

24  certificate; or

25      (g) A training certificate.

26      (3) A trainee must be supervised by a person who has a fire

27  sprinkler certificate level I, II, III, IV, or V, as required by

28  section 7 of this act.

29      (4) No contractor may employ a person to engage in or offer to

30  engage in the trade of fire sprinkler fitting unless the person

31  employed has a level I, II, or III journeyman fire sprinkler

32  fitter certificate or training certificate.  For the purposes of

33  this section, "contractor" means any person or entity, corporate

34  or otherwise, engaged in any work covered by the provisions of

35  this chapter, or chapter 18.27 RCW.

36      (5) A violation of subsection (1) of this section is an

37  infraction.  Each day in which a person engages in the trade of fire

SB 5732                        p. 10

_1  sprinkler fitting in violation of subsection (1) of this section

_2  or employs a person in violation of subsection (1) of this section

_3  is a separate infraction.  Each worksite at which a person engages

_4  in the trade of fire sprinkler fitting in violation of subsection

_5  (1) of this section or at which a person is employed in violation

_6  of subsection (1) of this section is a separate infraction.

_7      (6) Notices of infractions for violations of subsection (1) of

_8  this section may be issued to one or all of the following:

_9      (a) The person engaging in or offering to engage in the trade

10  of fire sprinkler fitting in violation of subsection (1) of this

11  section;

12      (b) The contractor in violation of subsection (1) of this

13  section; and

14      (c) The contractor's employee who authorized the work

15  assignment of the person employed in violation of subsection (1)

16  of this section.

     

17      NEW SECTION.  Sec. 7.  (1) An applicant for a fire sprinkler

18  fitter certificate must submit an application to the board on a

19  form and in the manner as provided by the board by rule.  The

20  application must state the level of certificate requested, and be

21  accompanied by a fee as provided by the board by rule.

22      (2) Upon receipt of the application, the board must review the

23  application and make a determination as to whether the applicant

24  is eligible to take an examination for the level of certification

25  requested.

26      (a) To be eligible to take the examination for a level I

27  journeyman fire sprinkler fitter certificate, the applicant must

28  be at least eighteen years old, and provide a notarized affidavit

29  of at least two thousand hours proven fire sprinkler fitter

30  experience in the employment of a fire sprinkler contractor.

31      (b) To be eligible to take the examination for a level II

32  journeyman fire sprinkler fitter certificate, the applicant must

33  be at least eighteen years old, and provide a notarized affidavit

34  of at least four thousand hours proven fire sprinkler fitter

35  experience in the employment of a level II or III fire sprinkler

36  contractor.

37      (c) To be eligible to take the examination for a level III

                               p. 11                       SB 5732

_1  journeyman fire sprinkler fitter certificate, the applicant must

_2  be at least eighteen years old, and provide a notarized affidavit

_3  of at least eight thousand hours proven fire sprinkler fitter

_4  experience in the employment of a level III fire sprinkler

_5  contractor.

_6      (d) To be eligible to take the examination for a level IV fire

_7  sprinkler underground pipe fitter certificate, the applicant must

_8  be at least eighteen years old, and provide a notarized affidavit

_9  of at least two thousand hours proven experience installing public

10  or private water mains for an underground or utility contractor.

11      (e) To be eligible to take the examination for a level V fire

12  sprinkler system inspection, testing, and maintenance technician

13  certificate, the applicant must be at least eighteen years old,

14  and provide a notarized affidavit of at least two thousand hours

15  proven fire sprinkler fitter experience in the employment of a

16  level III fire sprinkler contractor.

17      (f) The board may issue a level VI limited journeyman fire

18  sprinkler fitter certificate to an applicant whose employer has

19  submitted documentation to the board certifying that the applicant

20  is qualified to work to the level of competence requested by the

21  applicant, on properties owned or leased and occupied by the

22  employer.

23      (3) The board may adopt rules, make specific decisions, orders,

24  and rulings, including demands and findings, and take other

25  necessary action for the implementation, investigation of alleged

26  infractions of, and enforcement of this chapter and rules adopted

27  under this chapter.

28      (4) Upon determination that the applicant is eligible to take

29  the examination, the board must notify the applicant, and indicate

30  the time and place for taking the exam.

31      (5) Examinations are administered by the board and held at the

32  times and places within the state as the board determines.  Each

33  applicant must take and pass an objective, written examination of

34  his or her fitness for a certificate at the level of certification

35  requested by the applicant.  The contents and procedures of the

36  examination process must be established by the board by rule.

37      (6) The board must issue certificates to all applicants who

SB 5732                        p. 12

_1  have passed the examination and paid the fee for the

_2  certificate.  The certificate must bear the date of issuance and

_3  expire on the date of renewal as set by rule.

_4      (7) A person who is indentured in an apprenticeship program

_5  approved under chapter 49.04 RCW for the fire sprinkler fitting

_6  construction trade, or an individual who is learning the fire

_7  sprinkler fitting construction trade, may work in the fire

_8  sprinkler fitting construction trade if supervised by a certified

_9  fire sprinkler fitter holding a level of certification equal to or

10  greater than the level of fire sprinkler work being done by the

11  apprentice or trainee.

12      (a) All apprentices, trainees, or other individuals learning

13  the fire sprinkler fitting construction trade must obtain a fire

14  sprinkler fitting training certificate from the board.  The

15  certificate authorizes the holder to learn the fire sprinkler

16  fitting construction trade while under the direct supervision of a

17  certified fire sprinkler fitter holding certification equal to or

18  greater than the apprentice or trainee fire sprinkler fitter=s

19  level of work.

20      (b) A person who has been issued a fire sprinkler fitting

21  training certificate under this chapter must renew the training

22  certificate annually.  At the time of renewal, the training

23  certificate holder must provide the board with an accurate list of

24  the holder=s employers in the fire sprinkler industry for the

25  previous year and the number of hours worked for each employer.

26      (c) There is an annual fee for the issuance or renewal of a

27  training certificate.  The board must set the fee by rule.  The fee

28  must cover, but not exceed, the cost of administering and

29  enforcing the training certification and supervision requirements

30  of this chapter.  Apprentices, trainees, or others learning the fire

31  sprinkler fitting trade must have their fire sprinkler training

32  certificate card in their possession at all times while they are

33  performing fire sprinkler fitting work.  They must produce the

34  certificate for an authorized representative of the board at the

35  representative's request.

36      (8) The board may issue a one-time temporary journeyman fire

37  sprinkler fitter permit whenever a fire sprinkler fitter coming

38  into the state of Washington from another state makes a request to

                               p. 13                       SB 5732

_1  the board for a temporary permit to engage in the trade of fire

_2  sprinkler fitting as a state certified level I, II, or III

_3  journeyman fire sprinkler fitter, during the period of time

_4  between the filing of an application for a certificate and taking

_5  the examination as provided for in this section.  A temporary permit

_6  may be issued for up to ninety calendar days.  A temporary permit

_7  may not be issued to:

_8      (a) A person who has failed to pass the examination for

_9  journeyman fire sprinkler fitter certificate;

10      (b) An applicant who has not furnished the board with the

11  evidence required by this section; or

12      (c) To an apprentice or trainee fire sprinkler fitter.

     

13      NEW SECTION.  Sec. 8.  (1) The board must issue certificates to

14  all applicants who pass the examination and have paid the fee for

15  the certificate.  The certificate must bear the date of issuance,

16  and expires three years from the date of issuance.

17      (2) Failure to renew a certificate on or before the renewal

18  date causes the certificate to lapse.  It is unlawful thereafter for

19  any person to engage, offer to engage, or hold himself or herself

20  out as a certified journeyman fire sprinkler fitter unless the

21  certificate is renewed.

22      (3) The certificate may not be renewed without retesting unless

23  the certificate holder provides the board, at the time of renewal,

24  with documentation of at least eight hours continuing education

25  during each of the three years, for a total of twenty-four

26  continuing education hours during the licensure period.  The

27  continuing education curriculum must include categories covering

28  work place safety, fire sprinkler trade materials and tools, new

29  technologies, and codes and standards, of which no more than eight

30  hours shall be in any one category in a three-year period.  The

31  continuing education required under this section may include

32  seminars and conferences.  Any employer‑sponsored training and its

33  components must be reviewed and approved by the board.

34      (4) Level I journeyman fire sprinkler fitter certificate

35  holders, level II journeyman fire sprinkler fitter certificate

36  holders, level III journeyman fire sprinkler fitter certificate

37  holders, level IV fire sprinkler underground pipe fitter

SB 5732                        p. 14

_1  certificate holders, level V fire sprinkler system inspection,

_2  testing, and maintenance technicians, and level VI limited

_3  journeyman fire sprinkler fitter certificate holders must at all

_4  times carry an identification card containing identifying

_5  information as prescribed by the board by rule.  The identification

_6  card must be produced on demand by a state, city, or county fire

_7  official.  The board must supply the card.  The fee for the card must

_8  be related to the cost of producing the card.

_9      (5) The holder of a fire sprinkler fitter training certificate

10  must renew the certificate annually.  At the time of renewal, the

11  holder must provide the board with an accurate list of the

12  training certificate holder's employers in the fire sprinkler

13  fitting construction industry for the previous year and the number

14  of hours worked for each employer.

15      (a) There is an annual fee for the issuance or renewal of the

16  fire sprinkler fitter training certificate.  The amount of the

17  annual fee must be set by the board by rule.  Individuals learning

18  the fire sprinkler fitting trade must have their fire sprinkler

19  fitter training certificate in their possession at all times while

20  performing fire sprinkler fitting work.  They shall produce their

21  certificate for an authorized representative of the board at the

22  representative's request.

23      (b) A person who has been issued a fire sprinkler fitter

24  training certificate under this chapter may engage in the trade of

25  a fire sprinkler fitter if that person is working under the direct

26  supervision of a certified journeyman fire sprinkler fitter.

27  Supervision consists of a person being on the same job site and

28  under the control of the certified journeyman fire sprinkler

29  fitter holding a level of certification equal to or greater than

30  the level of fire sprinkler fitter work being done by the trainee.

     

31      NEW SECTION.  Sec. 9.  An authorized representative of the board

32  may investigate alleged or apparent violations of this chapter.  An

33  authorized representative of the board, upon presentation of

34  credentials, may inspect sites at which a person is doing fire

35  sprinkler fitting work for the purpose of determining whether that

36  person has a certificate issued by the board in accordance with

37  this chapter or is supervised by a person who has such a

                               p. 15                       SB 5732

_1  certificate or permit.  Upon the request of the authorized

_2  representative of the board, a person doing fire sprinkler fitting

_3  work must produce evidence that the person has a certificate or

_4  permit issued by the board in accordance with this chapter or is

_5  supervised by a person who has such a certificate or permit.

     

_6      NEW SECTION.  Sec. 10.  (1) The board may revoke, suspend, or fine

_7  a certified journeyman fire sprinkler fitter, fire sprinkler

_8  underground pipe fitter, fire sprinkler system inspection,

_9  testing, and maintenance technician, limited journeyman fire

10  sprinkler fitter, or training certificate for any of the following

11  reasons:

12      (a) The certificate was obtained through error or fraud;

13      (b) The certificate holder is judged to be incompetent to carry

14  on the trade; or

15      (c) The certificate holder has violated a provision of this

16  chapter or a rule adopted under this chapter.

17      (2) Before a certificate is revoked or suspended, or a

18  certificate holder is fined, the board must send a written notice

19  by registered mail, with return receipt requested, to the

20  certificate holder's last known address.  The notice must list the

21  allegations against the certificate holder and give him or her the

22  opportunity to request a hearing before an administrative law

23  judge.  At the hearing, the board and the certificate holder may

24  produce witnesses and give testimony.  The hearing must be conducted

25  in accordance with chapter 34.05 RCW.  The administrative law judge

26  shall render his or her decision based upon the testimony and

27  evidence presented and must notify the parties immediately upon

28  reaching a decision.

29      (3) The board may deny renewal of a certificate issued under

30  this chapter if the applicant owes outstanding penalties for a

31  final judgment under this chapter.  The board must notify the

32  applicant of the denial by registered mail, return receipt

33  requested, to the address on the application.  The applicant may

34  appeal the denial within thirty days by filing a notice of appeal

35  with the board.  The office of administrative hearings shall conduct

36  the hearing under chapter 34.05 RCW.

     

SB 5732                        p. 16

 

_1      NEW SECTION.  Sec. 11.  (1) An authorized representative of the

_2  board may issue a notice of infraction as specified in section 10

_3  of this act, if a person who is doing fire sprinkler fitting work

_4  or who is offering to do fire sprinkler fitting work fails to

_5  produce evidence of having a certificate or permit issued by the

_6  board in accordance with this chapter or of being supervised by a

_7  person who has such a certificate or permit.  A notice of infraction

_8  issued under this section must be personally served on the person

_9  named in the notice by an authorized representative of the board

10  or sent by certified mail to the last known address provided to

11  the board of the person named in the notice.

12      (2) The form of the notice of infraction issued under this

13  chapter must include the following:

14      (a) A statement that the notice represents a determination that

15  the infraction has been committed by the person named in the

16  notice and that the determination is final unless contested as

17  provided in this chapter;

18      (b) A statement that the infraction is a noncriminal offense

19  for which imprisonment may not be imposed as a sanction;

20      (c) A statement of the specific infraction for which the notice

21  was issued;

22      (d) A statement of the monetary penalty that has been

23  established for the infraction;

24      (e) A statement of the options provided in this chapter for

25  responding to the notice and the procedures necessary to exercise

26  these options;

27      (f) A statement that at any hearing to contest the

28  determination, the state has the burden of proving, by a

29  preponderance of the evidence, that the infraction was committed;

30  and that the person may subpoena witnesses, including the

31  authorized representative of the board who issued and served the

32  notice of infraction;

33      (g) A statement, which the person shall sign, that the person

34  promises to respond to the notice of infraction in one of the ways

35  provided in this chapter;

36      (h) A statement that refusal to sign the infraction as directed

37  in (g) of this subsection is a misdemeanor; and

                               p. 17                       SB 5732

 

_1      (i) A statement that failure to respond to a notice of

_2  infraction as promised is a misdemeanor and may be punished by

_3  either a fine, or imprisonment in jail, or both.

     

_4      NEW SECTION.  Sec. 12.  (1) The board may charge fees for

_5  issuance, renewal, and reinstatement of all certificates and

_6  permits and for examinations required by this chapter.  The board

_7  must set the fees by rule.

_8      (2) All receipts from fees collected under this chapter must be

_9  deposited into the fire protection contractor license fund created

10  in RCW 18.160.050.

     

11      NEW SECTION.  Sec. 13.  (1) A person found to have committed an

12  infraction in violation of this act is responsible for all costs

13  associated with the board=s investigation of the infraction, and

14  may also be assessed a monetary penalty.  The board must set by rule

15  a schedule of penalties for infractions imposed under this

16  chapter.

17      (2) The administrative law judge may waive, reduce, or suspend

18  the monetary penalty imposed for the infraction for good cause

19  shown.

20      (3) Monetary penalties collected under this chapter must be

21  deposited in the fire protection contractor license fund created

22  in RCW 18.160.050.

     

23      NEW SECTION.  Sec. 14.  Sections 6 through 13 of this act are each

24  added to chapter 18.160 RCW.

 

‑‑‑ END ‑‑‑

SB 5732                        p. 18