AN ACT Relating to fire and life safety; adding new sections to chapter 48.48 RCW; creating a new section; making an appropriation; and providing an effective date.

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

NEW SECTION. Sec. 1. Except as provided in this section, no person or firm shall design, install, or maintain a fire protection sprinkler system without first obtaining a license as provided in this chapter. The following are exempt from the license requirements of this chapter:

(1) Employees of the federal government engaged in servicing or maintaining fire protection sprinkler systems in buildings or structures owned by the federal government;

(2) Employees of the Washington survey and rating bureau, factory mutual, and other recognized insurance organizations engaged in testing fire protection sprinkler systems;

(3) A registered professional engineer acting solely in a professional capacity;

(4) An owner or lessee of property who installs a residential fire protection sprinkler system on the owned or leased property for his or her own use or for use by family members and does not offer such property for sale or lease within one year after installation;

(5) Members of fire departments or employees of county fire marshal offices who are engaged in testing or minor maintenance of systems as part of their official duties.

This section shall not prohibit the design, installation, maintenance, and servicing of fire protection sprinkler systems by employees if the design, installation, servicing, or maintenance is conducted under the direct supervision of a "responsible managing employee" who holds a certificate of competency.

NEW SECTION. Sec. 2. Every firm licensed under this chapter must have at least one employee who is designated as a responsible managing employee. Such employees must have a valid certificate of competency issued by the director of fire protection.

NEW SECTION. Sec. 3. In addition to any other duties imposed by statute, the fire protection policy board shall have the following powers and duties:

(1) To set all license, examination, and renewal fees in accordance with RCW 43.24.086;

(2) To adopt rules necessary to implement this chapter;

(3) To investigate alleged violations of this chapter;

(4) To conduct all disciplinary proceedings, impose sanctions, and assess fines for violations of this chapter or any rules adopted under it;

(5) To administer licensing and competency examinations; and

(6) To establish license and certificate expiration dates and renewal periods.

NEW SECTION. Sec. 4. Examinations for certification shall be conducted periodically at such times and places as determined by the fire protection policy board. Examination papers completed by the applicant shall be kept on file by the fire protection policy board for at least one year and shall be available for inspection by the applicant or the applicant's agent.

NEW SECTION. Sec. 5. Upon payment of the required fee, the fire protection policy board shall issue the appropriate certificate to any person who: (1) Is at least seventeen years of age or older; and (2) has received a passing grade on a certificate examination or demonstrated a sufficient level of knowledge as determined by the fire protection policy board.

NEW SECTION. Sec. 6. Licenses and certificates shall be renewed as required by the fire protection policy board.

NEW SECTION. Sec. 7. Any person who has a valid certificate of competence or license issued by any city, county, state, territory, or possession of the United States or a foreign country may be issued a certificate under this chapter without examination if the fire protection policy board finds that the standards and examination process is at least equal to the standards and examination process adopted by the fire protection policy board.

NEW SECTION. Sec. 8. The fire protection policy board may refuse to issue or renew, or may suspend or revoke, any license or certificate of competency if they determine that an applicant for or holder of a license or certificate has:

(1) Obtained or attempted to obtain a license or certificate by fraud or misrepresentation;

(2) Installed, maintained, or serviced a fire protection sprinkler system in violation of this chapter, an administrative ruling, or adopted standard;

(3) Refused to allow inspection by the fire protection policy board or their authorized representative;

(4) Not demonstrated that he or she possess the qualifications to conduct the operation for which application is made as demonstrated by written or practical examination or both; or

(5) Not shown that he or she possesses the proper facilities, including qualified personnel, to conduct operations for which application is made.

NEW SECTION. Sec. 9. Firms or individuals whose licenses or certificates have been denied, suspended, or revoked shall be notified in writing and may request a hearing by the fire protection policy board. After the hearing, the fire protection policy board shall consider the facts and circumstances surrounding the case and shall render a decision in writing.

NEW SECTION. Sec. 10. Any person aggrieved by the refusal of the fire protection policy board to issue or renew any license or certificate provided for in this chapter, or by the revocation or suspension of any license or certificate issued under this chapter, shall have the right to appeal the decision of the fire protection policy board to the superior court of the county in which the person maintains his or her place of business. Such appeal shall be filed within thirty days of the decision of the fire protection policy board.

NEW SECTION. Sec. 11. There is established the fire protection sprinkler system technical advisory committee to be made up of nine members approved by the director of the department of community development. The fire protection system technical advisory committee shall include three members who have been actively engaged in the management of a fire protection sprinkler system business for not less than five years preceding their appointment, one registered fire protection engineer, one member of the Washington surveying and rating bureau, one member representing a city fire department, one member representing a county fire marshal, one member representing a residential fire protection sprinkler company, and one member representing the Washington state association of fire chiefs.

The committee shall advise the fire protection policy board on the adoption of rules and make recommendations regarding forms and procedures for certificates of registration and licenses.

NEW SECTION. Sec. 12. The rules adopted by the fire protection policy board are necessary to ensure state-wide standards for the enforcement of this chapter. Political subdivisions may enforce this section and the rules adopted under this chapter.

Political subdivisions may establish their own schedules and procedures for conducting tests of fire protection sprinkler systems, if the schedules and procedures are at least equivalent to those established by the fire protection policy board and public safety is assured.

NEW SECTION. Sec. 13. It is the responsibility of the owner of a building with installed fire protection sprinkler systems to maintain the systems in full and proper operating condition in accordance with the provisions of the uniform fire code.

NEW SECTION. Sec. 14. The fire protection sprinkler system fund is hereby established in the custody of the state treasurer. The department of community development shall deposit in the fund all moneys received for fees collected in accordance with sections 1 through 13 of this act. Moneys in the fund may be spent only for the operation of the fire protection sprinkler system program established by sections 1 through 13 of this act. The fund is subject to the allotment procedure provided under chapter 43.88 RCW, but no appropriation is required for disbursements.

NEW SECTION. Sec. 15. There is appropriated from the general fund to the department of community development for the biennium ending .......... , the sum of .......... dollars, or so much thereof as may be necessary, to carry out the purposes of this act.

NEW SECTION. Sec. 16. The general fund‑-state appropriation under section 15 of this act shall be paid back to the state general fund from the fire protection sprinkler system fund by .......... .

NEW SECTION. Sec. 17. This act shall become effective on .......... .

NEW SECTION. Sec. 18. Sections 1 through 14 of this act shall be added to chapter 48.48 RCW.