WSR 04-24-009

PROPOSED RULES

WASHINGTON STATE PATROL


[ Filed November 22, 2004, 10:08 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-17-131.

Title of Rule and Other Identifying Information: Chapter 212-80 WAC, Fire sprinkler system contractors.

Hearing Location(s): General Administration Building, 210 11th Avenue S.W., Olympia, WA, on January 13, 2005, at 10:00 a.m.; and at the Super Eight Motel, 449 Melva Lane, Moses Lake, WA, on January 11, 2005, at 10:00 a.m.

Date of Intended Adoption: February 1, 2005.

Assistance for Persons with Disabilities: Contact Deputy State Fire Marshal Larry Glenn, by January 10, 2005, (360) 570-3133.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To clarify and amend rules for definitions. To clarify and add rules for issuing fines and citations.

Reasons Supporting Proposal: These changes are necessary for compliance with statutory changes and revisions to the technical standards developed by the National Fire Protection Association.

Statutory Authority for Adoption: Chapters 43.43 and 18.160 RCW.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Fire Sprinkler Technical Advisory Group of the State Fire Marshal's Office, public.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Deputy State Fire Marshal Larry Glenn, P.O. Box 42600, Olympia, WA 98504-2600, (360) 570-3133.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These changes will not have a significant impact to small businesses.

A cost-benefit analysis is not required under RCW 34.05.328. Under RCW 34.05.328 (5)(a)(i), the Washington State Patrol is exempt from the cost-benefit analysis requirement.

November 22, 2004

Lowell Porter

Chief

OTS-7589.3

GENERAL PROVISIONS
AMENDATORY SECTION(Amending Order 91-06, filed 7/1/91, effective 8/1/91)

WAC 212-80-001   Purpose.   The purpose of this regulation is to adopt rules for the licensing of fire protection sprinkler system contractors ((and for)), the issuance of certificates of competency, and for the issuance of civil fines and citations as defined in chapter 18.160 RCW.

[Statutory Authority: Chapters 43.63A and 18.160 RCW. 91-14-086 (Order 91-06), 212-80-001, filed 7/1/91, effective 8/1/91.]


AMENDATORY SECTION(Amending Order 91-06, filed 7/1/91, effective 8/1/91)

WAC 212-80-005   Applicability.   This regulation applies to any and all persons or organizations performing as a fire protection sprinkler contractor((s)) and/or certificate of competency holder((s)), with or without the required state licensing and/or certification as defined in chapter 18.160 RCW.

[Statutory Authority: Chapters 43.63A and 18.160 RCW. 91-14-086 (Order 91-06), 212-80-005, filed 7/1/91, effective 8/1/91.]


AMENDATORY SECTION(Amending Order 92-08, filed 10/5/92, effective 11/5/92)

WAC 212-80-010   Definitions.   The following definitions shall apply to this regulation:

(1) "Authority having jurisdiction (AHJ)" means the organization, office, or individual responsible for approving layout drawings, equipment, an installation or a procedure. Usually the AHJ is the building and/or fire official of the city or county in which the job site is located. In certain cases, such as health care facilities, transient accommodations and day care facilities, the AHJ is the city or county building and/or fire official and the chief of the Washington state patrol, through the director of fire protection.

(2) "Citation" means written notification issued by the chief of the Washington state patrol, through the director of fire protection, pursuant to RCW 18.160.040 to issue a civil penalty for a violation of any provision of chapter 18.160 RCW. A citation may include, but is not limited to, a description of the violation(s) and a notice of civil penalty assessment.

(3) "Director of fire protection" means the state fire marshal and/or his((/)) or her authorized representative.

(((3))) (4) "Dry Pipe Sprinkler System" means a system employing automatic sprinklers attached to a piping system containing air or nitrogen under pressure, the release of which (as from the opening of a sprinkler) allows the water pressure to open a valve known as a dry pipe valve. The water then flows into the piping system and out to the open sprinkler(s).

(5) "Fire protection sprinkler system" means an assembly of underground and/or overhead piping beginning at the connection to the primary water supply, whether public or private, that conveys water with or without other agents to dispersal openings or devices to extinguish, control, or contain fire or other products of combustion. The fire protection sprinkler system ((should)) (with the exception of residential combination systems) starts at the point where the last nonfire water use is taken from the supply mains. This ((should be)) is the point just down stream of the last tap for domestic or process water, the last water control valve that is required by a city or other authority, or the point where the water can be considered nonflowing. ((The water source such as a fire pump and suction tank that is dedicated to supplying water for the fire protection sprinkler system shall be under the control of the fire protection sprinkler system contractor. This would also be the case where the water supply is entirely dedicated to the fire protection sprinkler system.

(4))) (6) "Fire pump" means a listed pump supplying water at the flow and pressure required by water based fire protection systems.

(7) "For design only" means a certificate of competency holder only allowed to perform the design of a fire protection sprinkler system consistent with the level of certification he or she holds. In the case of a "State Level U certification," "for design only" just allows the individual to maintain their certification.

(8) "Formal hearing" means a hearing before a hearings officer where laws, rules, and evidence are presented, considered, and a decision is rendered.

(9) "Hazard" means a condition which could result in injury or death to a person and/or damage to property.

(10) "Hearings request" means the written request for a formal hearing to contest a civil penalty.

(11) "Inspection" means a visual examination of a fire protection sprinkler system, or portion of the system, to verify that the system appears to be in operating condition, is free from physical damage, and complies with the applicable statutes and regulations adopted by the state.

(12) "Instance" means the number of times a person has been cited for a violation of chapter 18.160 RCW or this chapter. These will be identified as 1st, 2nd, and 3rd instances.

(13) "Maintenance" means work performed on a fire suppression sprinkler system to keep the equipment operable, or to make repairs.

(14) "NFPA" means the National Fire Protection Association.

(((5))) (15) "NFPA 13D" means, in addition to the definition contained in chapter 18.160 RCW, the inclusion of minor accessory uses such as garages normally found in residential occupancies.

(((6))) (16) "NFPA 13R" means whatever standard that is used by the National Fire Protection Association for the installation and design of fire suppression sprinkler systems in residential occupancies up to and including four stories in height.

(17) "NFPA 13" means whatever standard that is used by the National Fire Protection Association for the installation and design of fire suppression sprinkler systems in commercial or high occupancy facilities.

(18) "NFPA 20" means whatever standard that is used by the National Fire Protection Association for the selection and installation of pumps, both centrifugal and positive displacement, that supply liquid for a private fire protection system.

(19) "NFPA 24" means whatever standard that is used by the National Fire Protection Association for the installation of the dedicated underground fire service main of a water based fire protection system.

(20) "NFPA 25" means whatever standard that is used by the National Fire Protection Association for the inspection, testing, and maintenance of water based fire protection systems.

(21) "NICET" means the National Institute for Certification in Engineering Technologies.

(((7))) (22) "Person" means one or more individuals, legal representatives, partnerships, joint ventures, associations, corporations (whether or not organized for profit), business trusts, or any organized group of individuals and includes the state, state agencies, counties, municipal corporations, school districts, and other public corporations.

(23) "Preaction system" means a sprinkler system employing automatic sprinklers attached to a piping system containing air, which may or may not be under pressure, with a supplemental detection system installed in the same areas as the sprinklers.

(24) "Qualified" shall mean an individual who has demonstrated through education, training, examination, and/or national certifications the competency, skill, and ability necessary to perform any work covered and/or defined by this chapter and chapter 18.160 RCW to the satisfaction of a relevant jurisdiction. In matters of compliance with the licensing and certification requirements of this chapter and chapter 18.160 RCW, the relevant jurisdiction shall be the chief of the Washington state patrol, through the director of fire protection.

(25) "Revoke" means the chief of the Washington state patrol, through the director of fire protection, shall rescind a company's license or an individual's certification from them. Such action causes said company or individual to cease any and all work in the sprinkler field in Washington state until such time as the chief of the Washington state patrol, through the director of fire protection, is satisfied with the resolution of the issue which caused the license or certificate to be revoked.

(26) "State fire marshal" means the director of fire protection or his/her authorized representative.

(((8))) (27) "State Level I certification" means a certificate of competency holder who is qualified to prepare layout drawings, install, inspect, maintain, or service an NFPA 13D fire protection sprinkler system or any part of such a system.

(((9))) (28) "State Level I licensing" means a sprinkler contracting company licensed by the chief of the Washington state patrol, through the director of fire protection, to contract and/or offer to bid on the design, installation, service, maintenance, and/or inspection of a NFPA 13D fire protection sprinkler system or any part of such a system.

(29) "State Level II certification" means a certificate of competency holder who is qualified to prepare layout drawings, install, inspect, maintain, or service an NFPA 13D and/or NFPA 13R fire protection sprinkler system or any part of such a system.

(((10))) (30) "State Level II licensing" means a sprinkler contracting company licensed by the chief of the Washington state patrol, through the director of fire protection, to contract and/or offer to bid on the design, installation, service, maintenance, and/or inspection of a NFPA 13D and/or a NFPA 13R fire protection sprinkler system or any part of such a system.

(31) "State Level III certification" means a certificate of competency holder who is qualified to prepare layout drawings, install, inspect, maintain, or service an NFPA 13D, NFPA 13R, NFPA 13, or all other systems per the definition of fire protection sprinkler system in chapter 18.160 RCW.

(((11))) (32) "State Level III licensing" means a sprinkler contracting company licensed by the chief of the Washington state patrol, through the director of fire protection, to contract and/or offer to bid on the design, installation, service, maintenance, and/or inspection of a NFPA 13D, NFPA 13R, NFPA 13, or all other systems per the definition of a fire protection sprinkler system in chapter 18.160 RCW.

(33) "State certified fire sprinkler system inspection and testing technician (ITT)" means a state certificate holder who is qualified to inspect and/or test NFPA 13D, 13R, or 13, wet and dry pipe fire protection systems per the definition of fire protection sprinkler system in this chapter. However, testing of another fire protection system such as preaction, deluge, foam, or fire pump and maintenance of any type of system defined under this chapter or chapter 18.160 RCW shall be performed only by contractors who are also qualified and licensed to design and install that type of system or fire pump being tested or maintained.

(34) "State level inspection and testing contractor licensing" means a sprinkler contracting company licensed by the chief of the Washington state patrol, through the director of fire protection, to contract and/or offer to bid on the inspection or testing of a wet or dry pipe NFPA 13D, NFPA 13R, NFPA 13, or other systems per the definition of a fire protection sprinkler system in chapter 18.160 RCW except the maintenance and testing of another fire protection system such as preaction, deluge, foam, or fire pumps, shall be performed only by contractors who are also qualified and licensed to design and install that type of system or fire pump being tested or maintained.

(35) "State Level U certification" means a certificate of competency holder who is qualified to certify the installation of the underground portions of fire protection sprinkler systems in conformance with recognized standards adopted by the director of fire protection.

(36) "State Level U licensing" means a sprinkler contracting company licensed by the chief of the Washington state patrol, through the director of fire protection, to contract and/or offer to bid on the installation of the underground portions of fire protection sprinkler systems in conformance with the recognized standards adopted by the director of fire protection.

(37) "Suspend" means the chief of the Washington state patrol, through the director of fire protection, holds a license or certificate inactive until such time as the chief of the Washington state patrol, through the director of fire protection, feels confident that the company or individual is in compliance with the requirements of this chapter and chapter 18.160 RCW.

(38) "Testing" means a procedure used to determine the status of a system as intended by conducting periodic physical checks on water-based fire protection systems such as waterflow tests, fire pump tests, alarm tests, and trip tests of dry pipe, deluge, or preaction valves. These tests follow up on the original acceptance test at intervals specified in the appropriate chapter of NFPA 25.

(39) "Type" means the classification of violation as minimal, moderate, and severe. These are identified as Types I, II, and III respectively.

(40) "Violation" means a specific or general action inconsistent with the intent and letter of chapter 18.160 RCW and this chapter and shall be further defined as:

(a) "Minimal violation" means a Type I violation which poses a minor hazard or threat to life and property in the event of a fire.

(b) "Moderate violation" means a Type II violation which poses a significant hazard or threat to life or property in the event of a fire.

(c) "Severe violation" means a Type III violation which poses a substantial hazard or threat to life or property in the event of a fire.

(41) "Wet pipe sprinkler system" means a sprinkler system employing automatic sprinklers attached to a piping system containing water and connected to a water supply so that water discharges immediately when any sprinkler is opened by heat from a fire.

[Statutory Authority: Chapters 43.63A and 18.160 RCW. 92-20-070 (Order 92-08), 212-80-010, filed 10/5/92, effective 11/5/92; 91-14-086 (Order 91-06), 212-80-010, filed 7/1/91, effective 8/1/91.]


AMENDATORY SECTION(Amending WSR 94-24-032, filed 12/1/94, effective 1/1/95)

WAC 212-80-015   Compliance.   All fire sprinkler system contractors, certificate of competency holders, and persons installing, inspecting, maintaining, or servicing fire protection sprinkler systems or any part of such a system shall comply with the provisions of this regulation.

EXCEPTIONS:

(1) Federal, state, and local government employees, or insurance inspectors when acting in their official capacities.

(2) A person or organization acting under court order.

(3) A person or organization that sells or supplies products or materials to a licensed fire protection sprinkler system contractor.

(4) A registered professional ((fire protection)) engineer acting solely in a professional capacity.

(5) ((An)) A properly qualified and/or trained employee of a licensed fire protection sprinkler system contractor performing duties for the contractor. Said qualifications and/or training to be consistent with the level of work performed by the licensed fire protection sprinkler system contractor.

(6) An owner/occupier of a single-family residence performing his or her own installation in that residence. It is the intent of this subsection that builders or contractors will not install their own sprinkler systems in single-family residences under their ownership which they plan to sell, lease, or rent.

(7) An employee of a facility or owner who is qualified to the satisfaction of the local authority having jurisdiction to perform inspection and testing of fire protection sprinkler systems in said facility.

(8) An employee of a licensed electrical contractor installing or testing only the electronic signaling devices of a fire sprinkler system.

[Statutory Authority: Chapters 43.63A and 18.160 RCW. 94-24-032, 212-80-015, filed 12/1/94, effective 1/1/95; 92-20-070 (Order 92-08), 212-80-015, filed 10/5/92, effective 11/5/92; 91-14-086 (Order 91-06), 212-80-015, filed 7/1/91, effective 8/1/91.]


NEW SECTION
WAC 212-80-018   License and certification requirements.   Only a company or individual licensed as a fire protection sprinkler systems contractor, who has at least one designer on staff certified by the chief of the Washington state patrol, through the director of fire protection, can bid, offer to bid, contract, or perform the designing, installation, inspection, testing, maintenance, and/or servicing of a fire protection sprinkler system.

[]


AMENDATORY SECTION(Amending Order 91-06, filed 7/1/91, effective 8/1/91)

WAC 212-80-025   Authority having jurisdiction.   (1) Fire protection sprinkler systems shall meet the approval of the authority having jurisdiction. This includes plans, specifications, calculations, contractor's materials and test certificates, and final approval.

(2) In certain types of occupancies the authority having jurisdiction may be the chief of the Washington state patrol, through the director of fire protection and the building and/or fire official of the city or county in which the installation is located. Generally these dual responsibilities occur in health care facilities, transient accommodations, and day care facilities.

(3) It is the responsibility of the certificate of competency holder to ascertain which agency or agencies have jurisdiction. If there is a question, the certificate of competency holder should contact the chief of the Washington state patrol, through the director of fire protection.

[Statutory Authority: Chapters 43.63A and 18.160 RCW. 91-14-086 (Order 91-06), 212-80-025, filed 7/1/91, effective 8/1/91.]


AMENDATORY SECTION(Amending WSR 94-24-032, filed 12/1/94, effective 1/1/95)

WAC 212-80-030   Qualifications for preparation of layout drawings, installations, inspections, testing, maintenance, or servicing.   (1) Only licensed fire protection sprinkler system contractors shall execute contracts for the installation, inspection, testing, maintenance, or servicing of fire protection sprinkler systems or any part of such a system in the state of Washington.

((Subcontracting of such work to persons or firms not currently licensed as a fire protection sprinkler system contractor is prohibited.))

(2) Only licensed contractors who have achieved at least State Level U licensure shall ((install, inspect, maintain or service)) execute contracts for the installation, inspection, maintenance and/or servicing of the underground portions of fire protection sprinkler systems in the state of Washington. ((Subcontracting of such work to persons or firms not currently licensed as a fire protection sprinkler system contractor is prohibited.))

(3) Only licensed fire protection sprinkler contractors who have achieved at least State Level I licensure shall ((install, inspect, maintain, or service)) execute contracts for the installation, inspection, testing, maintenance and/or servicing of NFPA 13D fire protection sprinkler systems or any part of such a system in the state of Washington.

((Subcontracting of such work to persons or firms not currently licensed as a fire protection sprinkler system contractor is prohibited.))

(4) Only licensed fire protection sprinkler contractors who have achieved at least State Level II licensure shall ((install, inspect, maintain, or service)) execute contracts for the installation, inspection, testing, maintenance and/or servicing of NFPA 13D or NFPA 13R fire protection sprinkler systems or any part of such a system in the state of Washington.

((Subcontracting of such work to persons or firms not currently licensed as a fire protection sprinkler system contractor is prohibited.))

(5) Only licensed fire protection sprinkler contractors who have achieved at least State Level III licensure shall ((install, inspect, maintain, or service)) execute contracts for the installation, inspection, testing, maintenance and/or servicing of NFPA 13D, NFPA 13R, NFPA 13, and all other systems per the definition of fire protection sprinkler system in chapter 18.160 RCW or any part of such a system in the state of Washington.

((Subcontracting of such work to persons or firms not currently licensed as a fire protection sprinkler system contractor is prohibited.))

(6) Only those certificate of competency holders who have achieved State Level U certification shall supervise and/or certify the installation of underground supplies to fire protection sprinkler systems. To achieve State Level U certification, persons shall satisfactorily complete an examination administered by the chief of the Washington state patrol, through the director of fire protection.

(7) Only those certificate of competency holders who have achieved at least State Level I certification shall supervise and/or certify the preparation of layout drawings, installation, inspection, testing, maintenance, servicing, or the installation ((of underground supplies)) of NFPA 13D fire protection sprinkler systems or any part thereof. To achieve State Level I certification, persons shall hold a current NICET Level 2 classification or satisfactorily complete an examination administered by the chief of the Washington state patrol, through the director of fire protection.

(8) Only those certificate of competency holders who have achieved at least State Level II certification shall supervise and/or certify the preparation of layout drawings, installation, inspection, testing, maintenance, servicing, or the installation ((of underground supplies)) of NFPA 13D and NFPA 13R fire protection sprinkler systems or any part thereof. To achieve State Level II certification, persons shall hold a current NICET Level 2 classification ((or satisfactorily complete an examination administered by the director of fire protection)).

(9) Only those certificate of competency holders who have achieved at least State Level III certification shall supervise and/or certify the preparation of layout drawings, installation, inspection, testing, maintenance, servicing, or the installation of ((underground supplies)) NFPA 13D, NFPA 13R, NFPA 13, and all other systems per the definition of fire protection sprinkler system in chapter 18.160 RCW or any part thereof. To achieve State Level III certification, persons shall hold a current NICET Level 3 or 4 ((or satisfactorily complete an examination administered by the director of fire protection)).

[Statutory Authority: Chapters 43.63A and 18.160 RCW. 94-24-032, 212-80-030, filed 12/1/94, effective 1/1/95; 92-20-070 (Order 92-08), 212-80-030, filed 10/5/92, effective 11/5/92; 91-14-086 (Order 91-06), 212-80-030, filed 7/1/91, effective 8/1/91.]

FIRE SPRINKLER CERTIFICATE OF COMPETENCY HOLDER
AMENDATORY SECTION(Amending WSR 94-24-032, filed 12/1/94, effective 1/1/95)

WAC 212-80-035   ((Seals)) Stamps for NFPA 13D, 13R, and 13 systems.   (1) Sprinkler system plans, calculations, and contractors' materials and test certificates submitted to the authority having jurisdiction shall be stamped (((sealed))) pursuant to subsection (3) of this section.

(2) At least one set of approved plans, containing information as specified in subsection (3) of this section, and calculations shall be maintained on the job site while the work is being performed.

(3) ((Effective January 1, 1995, seals)) Stamps shall be issued by the chief of the Washington state patrol, through the director of fire protection and shall contain the name and ((certificate)) certification number of the certificate of competency holder, name and license number of the holder's employer, the expiration date of the current certificate, a place for the signature of the certificate of competency holder and the date of the signature. On all plans the ((seal)) stamp shall be easily recognizable and visible.

(4) An original stamp and signature shall appear on each page of plans, on the cover sheet of hydraulic calculations and on all test certificates for fire protection sprinkler systems submitted to the authority having jurisdiction.

(5) Plans and calculations for "underground only" portions of fire protection sprinkler systems submitted to the authority having jurisdiction by a State Level U licensed fire protection sprinkler contractor shall be stamped (((sealed))) by either a licensed professional engineer registered in the state of Washington or the appropriate level certificate of competency holder and the State Level U certificate of competency holder employed by the submitting contractor.

[Statutory Authority: Chapters 43.63A and 18.160 RCW. 94-24-032, 212-80-035, filed 12/1/94, effective 1/1/95; 92-20-070 (Order 92-08), 212-80-035, filed 10/5/92, effective 11/5/92; 91-14-086 (Order 91-06), 212-80-035, filed 7/1/91, effective 8/1/91.]


AMENDATORY SECTION(Amending WSR 94-24-032, filed 12/1/94, effective 1/1/95)

WAC 212-80-040   Contractor's materials and test certificates.   (1) The certificate of competency holder shall complete the contractor's material and test certificate(s), affix his/her certificate of competency ((seal)) stamp, and forward the certificate(s) to the authority having jurisdiction.

(2) Contractor's material and test certificate forms shall be of such form as accepted or approved by the chief of the Washington state patrol, through the director of fire protection.

(3) The authority having jurisdiction ((may)) shall require ((a)) an approved flow test of heads as part of the approval of NFPA 13R and NFPA 13D fire protection sprinkler systems.

(4) The authority having jurisdiction and the building owner shall retain copies of the contractor's materials and test certificate for a minimum of five years.

[Statutory Authority: Chapters 43.63A and 18.160 RCW. 94-24-032, 212-80-040, filed 12/1/94, effective 1/1/95; 91-14-086 (Order 91-06), 212-80-040, filed 7/1/91, effective 8/1/91.]


AMENDATORY SECTION(Amending WSR 94-24-032, filed 12/1/94, effective 1/1/95)

WAC 212-80-045   Certificate of competency ((testing)) certification.   To become a certificate of competency holder under this regulation, an applicant must either:

(1) For State Level 1 certification, have satisfactorily passed with a final score of eighty percent or better an examination administered by the chief of the Washington state patrol, through the director of fire protection((;)) or show evidence of passing the National Institute for Certification in Engineering Technologies element requirements for Level 2 certification in fire protection system layout design.

(2) For State Level U certification, have satisfactorily passed with a final score of eighty percent or better an examination administered by the chief of the Washington state patrol, through the director of fire protection.

(3) Be a registered professional ((fire protection)) engineer acting solely in a professional capacity. Such engineer shall comply with all other requirements of this regulation including payment of fees, completion of the application process, and supplying the director of fire protection with proof that the applicant holds a current, valid state of Washington registration as a professional ((fire protection)) engineer. Upon completion of the above requirements, the engineer will be granted an equivalency certificate to that of State Level III; or

(((3) By presenting)) (4) Present a copy of a current certificate from the National Institute for Certification in Engineering Technologies showing that the applicant has achieved the classification ((of Engineering Technician, Level 3 or Senior Engineering Technician, Level 4 in the field of fire protection automatic sprinkler system layout; or)). State Level 2 certification requires a minimum certification from the National Institute for Certification in Engineering Technologies of Level 2 in the field of fire protection automatic sprinkler system layout or better. State Level 3 certification requires either Engineering Technician, Level 3 or Senior Engineering Technician, Level 4 in the field of fire protection automatic sprinkler system layout.

(((4) Provided the application for the certificate of competency is made prior to ninety days after May 1, 1991, the director of fire protection, in lieu of the examination requirements of the applicant for a certificate of competency, may accept as satisfactory evidence of competency and qualification, affidavits attesting that the applicant has had a minimum of three years' experience. In addition to the affidavits and application form, the applicant shall provide the following information:

(a) Copies of approved plans and calculations, if applicable, for systems installed in the last three years.

(b) Evidence of installation of sprinkler systems.

(c) Evidence of acceptance of the systems by the authority having jurisdiction.

(d) References from an authority having jurisdiction.

(e) The number of fire protection sprinkler system installations completed within the last three years.

(f) Other information as directed and accepted by the director of fire protection.))

(5) The chief of the Washington state patrol, through the director of fire protection may accept equivalent proof of qualification in lieu of the examination((, as recommended by the fire sprinkler advisory committee)) requirements.

(6) ((Examination requirements)) Proof of competency to the satisfaction of the chief of the Washington state patrol, through the director of fire protection are mandatory ((except as otherwise provided in this regulation)).

(7) Every applicant for a certificate of competency shall fulfill the requirements established by the chief of the Washington state patrol, through the director of fire protection under chapter 18.160 RCW.

[Statutory Authority: Chapters 43.63A and 18.160 RCW. 94-24-032, 212-80-045, filed 12/1/94, effective 1/1/95; 91-14-086 (Order 91-06), 212-80-045, filed 7/1/91, effective 8/1/91.]


NEW SECTION
WAC 212-80-048   Subcontracting.   Subcontracting of any work under the purview of chapter 18.160 RCW involving unlicensed contractors is strictly prohibited and a violation of chapter 18.160 RCW.

[]


AMENDATORY SECTION(Amending Order 91-06, filed 7/1/91, effective 8/1/91)

WAC 212-80-050   Applications/fees for certificate of competency.   Every applicant for a certificate of competency shall apply to the chief of the Washington state patrol, through the director of fire protection on application forms provided and pay the fees required.

[Statutory Authority: Chapters 43.63A and 18.160 RCW. 91-14-086 (Order 91-06), 212-80-050, filed 7/1/91, effective 8/1/91.]


AMENDATORY SECTION(Amending Order 92-08, filed 10/5/92, effective 11/5/92)

WAC 212-80-055   Temporary certificate of competency.   (1) The chief of the Washington state patrol, through the director of fire protection may issue a temporary certificate of competency to an applicant who, in his or her judgment, will satisfactorily perform as a certificate of competency holder under the provisions of this regulation.

(2) The temporary certificate of competency shall remain in effect for a period of one year ((and)). If the temporary certificate of competency holder provides evidence to the chief of the Washington state patrol, through the director of fire protection, of testing with NICET in the previous year, the temporary certificate of competency may be renewed two times.

(3) In no case shall a person hold a temporary certificate of competency for more than three years, either cumulative or consecutive.

(4) To convert from a temporary certificate of competency to a regular certificate of competency, a person shall:

(a) Within three years from the initial issuance of the temporary certificate of competency, apply for a regular certificate of competency; and

(b) Complete the requirements specified in this regulation and chapter 18.160 RCW.

(5) An individual having a temporary certificate of competency shall not be exempt from taking an examination to acquire a regular certificate of competency.

(6) Prior to the expiration of the temporary certificate of competency at the end of the three-year period, the temporary certificate of competency holder shall make application for a regular certificate of competency. Upon expiration of the temporary certificate of competency at the end of the three-year period, if the holder has not met the requirements of subsection (4) of this section, the holder shall cease all activities associated with the holding of a certificate of competency.

[Statutory Authority: Chapters 43.63A and 18.160 RCW. 92-20-070 (Order 92-08), 212-80-055, filed 10/5/92, effective 11/5/92; 91-14-086 (Order 91-06), 212-80-055, filed 7/1/91, effective 8/1/91.]


AMENDATORY SECTION(Amending WSR 94-24-032, filed 12/1/94, effective 1/1/95)

WAC 212-80-060   Certificate of competency not transferable.   A certificate of competency issued under this regulation is not transferable((, either between individuals or between contractors)). This certification can, however, follow a person to another employer provided that employer is currently licensed at the appropriate level.

[Statutory Authority: Chapters 43.63A and 18.160 RCW. 94-24-032, 212-80-060, filed 12/1/94, effective 1/1/95; 91-14-086 (Order 91-06), 212-80-060, filed 7/1/91, effective 8/1/91.]


AMENDATORY SECTION(Amending WSR 94-24-032, filed 12/1/94, effective 1/1/95)

WAC 212-80-065   Suspension or revocation of certificates.   (1) The chief of the Washington state patrol, through the director of fire protection may refuse to issue or renew or may suspend or revoke the privilege of a certificate of competency holder ((or an applicant)) as defined in RCW 18.160.101(1) to engage in the fire protection sprinkler system business or may establish penalties as prescribed by Washington state law for any of the following reasons:

(a) Gross incompetency or gross negligence in the preparation of layout drawings, installation, repair, alteration, maintenance, inspection, service, or addition to fire protection sprinkler systems.

(b) Conviction of a felony.

(c) Fraudulent or dishonest practices while engaging in the fire protection sprinkler systems business.

(d) Use of false evidence or misrepresentation in an application for a certificate of competency.

(e) Permitting his or her certificate to be used in connection with the preparation of any layout drawings, installation, maintenance, inspection, service or certification of any system when such activity is not under his or her supervision, or in violation of this regulation.

(f) Knowingly violating any provisions of this regulation or chapter 18.160 RCW.

(2) The chief of the Washington state patrol, through the director of fire protection shall revoke the certificate of a certificate of competency holder who engages in the fire protection sprinkler system business while the certificate of competency is suspended.

(3) For purposes of suspension and/or revocation of certification, the chief of the Washington state patrol, through the director of fire protection, may refuse to issue or renew the certification of a fire protection systems inspection and testing technician with the same provisions as subsection (1) of this section.

(4) For the purposes of revoking certification, the chief of the Washington state patrol, through the director of fire protection, shall revoke the certification of a fire protection systems inspection and testing technician consistent with subsection (2) of this section.

[Statutory Authority: Chapters 43.63A and 18.160 RCW. 94-24-032, 212-80-065, filed 12/1/94, effective 1/1/95; 92-20-070 (Order 92-08), 212-80-065, filed 10/5/92, effective 11/5/92; 91-14-086 (Order 91-06), 212-80-065, filed 7/1/91, effective 8/1/91.]


AMENDATORY SECTION(Amending Order 91-06, filed 7/1/91, effective 8/1/91)

WAC 212-80-070   Certificate of competency employment.   (1) In no case shall a certificate of competency holder be employed full time by more than one fire protection sprinkler system contractor at the same time.

(2) If the certificate of competency holder should leave the employment of the fire protection sprinkler system contractor, he or she shall notify the chief of the Washington state patrol, through the director of fire protection within thirty days of the last day of employment.

(3) Should any individual who meets the criteria to be a certificate of competency holder as defined by this chapter and chapter 18.160 RCW wish to be certified to perform design work only, he or she may request to work as a "FOR DESIGN ONLY" certificate of competency holder. This certification can also be utilized to maintain state certification, as in the case of the State Level U certification.

[Statutory Authority: Chapters 43.63A and 18.160 RCW. 91-14-086 (Order 91-06), 212-80-070, filed 7/1/91, effective 8/1/91.]


AMENDATORY SECTION(Amending Order 91-06, filed 7/1/91, effective 8/1/91)

WAC 212-80-075   Certificate of competency renewals ((certificates)).   (1) All certificate of competency holders who desire to maintain a current certificate shall, prior to January 1 of each year, apply for renewal to the chief of the Washington state patrol, through the director of fire protection on the appropriate form along with the required fee as prescribed by the chief of the Washington state patrol, through the director of fire protection.

(2) Application for renewal forms shall be provided by the chief of the Washington state patrol, through the director of fire protection, upon request, and the certificate holder shall furnish the information required by the chief of the Washington state patrol, through the director of fire protection.

(3) The chief of the Washington state patrol, through the director of fire protection may suspend the certificate of competency for failure to apply for a renewal certificate of competency within sixty days after the expiration date.

(4) The chief of the Washington state patrol, through the director of fire protection may, upon the receipt of payment of all delinquent fees and a late charge, restore a certificate of competency that had been suspended.

[Statutory Authority: Chapters 43.63A and 18.160 RCW. 91-14-086 (Order 91-06), 212-80-075, filed 7/1/91, effective 8/1/91.]


AMENDATORY SECTION(Amending Order 91-06, filed 7/1/91, effective 8/1/91)

WAC 212-80-080   Voluntary relinquishment of certificates of competency.   (1) A certificate of competency holder may voluntarily relinquish his or her certificate of competency to the chief of the Washington state patrol, through the director of fire protection. This includes temporary certificate of competencies that have not been in effect for more than three consecutive and/or accumulative years.

(2) The relinquishment is effective when the certificate is received by the chief of the Washington state patrol, through the director of fire protection.

(3) After relinquishing the certificate of competency, he or she shall not be known as a certificate of competency holder and shall desist from the practice thereof.

(4) Within two years from the time of relinquishment of the certificate of competency, he or she may again qualify for a certificate of competency, with the approval of the chief of the Washington state patrol, through the director of fire protection, by the payment of the required fee.

(5) If two or more years have elapsed, he or she shall return to the status of a new applicant.

[Statutory Authority: Chapters 43.63A and 18.160 RCW. 91-14-086 (Order 91-06), 212-80-080, filed 7/1/91, effective 8/1/91.]


AMENDATORY SECTION(Amending Order 91-06, filed 7/1/91, effective 8/1/91)

WAC 212-80-085   Certificate of competency prorated fees.   The initial certificate of competency fee shall be prorated based upon the portion of the year such certificate of competency is in effect, prior to renewal on January 1.


EXCEPTION: Any individual who attempts to certify with the chief of the Washington state patrol, through the director of fire protection, after performing work covered by this chapter and chapter 18.160 RCW shall be required to pay the full annual certification fees, in addition to any penalties assessed by the chief of the Washington state patrol, through the director of fire protection, for uncertified operation(s).

[Statutory Authority: Chapters 43.63A and 18.160 RCW. 91-14-086 (Order 91-06), 212-80-085, filed 7/1/91, effective 8/1/91.]

FIRE PROTECTION SPRINKLER CONTRACTOR
AMENDATORY SECTION(Amending Order 91-06, filed 7/1/91, effective 8/1/91)

WAC 212-80-090   Licensed fire protection sprinkler system contractor.   To become a licensed fire protection sprinkler system contractor under this regulation, a person or firm must comply with the following:

(1) Must be or have in his or her full-time employ a holder of a valid certificate of competency whose level is consistent with the license level.

(2) Make application to the director of fire protection on forms provided and pay the fees required.

(3) Meet the bonding requirements of WAC 212-80-125.

(4) Be licensed as a contracting company in the state of Washington by the department of labor and industries and possess the twelve digit alphanumeric business license number assigned by that agency.

[Statutory Authority: Chapters 43.63A and 18.160 RCW. 91-14-086 (Order 91-06), 212-80-090, filed 7/1/91, effective 8/1/91.]


AMENDATORY SECTION(Amending Order 91-06, filed 7/1/91, effective 8/1/91)

WAC 212-80-095   License and certificate posting.   Each license and ((certificate of competency)) certification issued under this regulation must be posted in a conspicuous place in the fire protection sprinkler system contractor's place of business. The wallet card issued to a certificate of competency under this chapter will be maintained with the certified individual it was issued to and available for review at any time.

[Statutory Authority: Chapters 43.63A and 18.160 RCW. 91-14-086 (Order 91-06), 212-80-095, filed 7/1/91, effective 8/1/91.]


AMENDATORY SECTION(Amending Order 91-06, filed 7/1/91, effective 8/1/91)

WAC 212-80-105   Fire protection sprinkler contractor license not transferable.   A license issued under this regulation is not transferable.

EXCEPTION:

Should a currently licensed fire protection sprinkler contractor merge or form another company, that license can be reissued to the newly formed/incorporated company provided:

(1) The principal officers of the licensed company remain the same;

(2) Continues, takes over, or otherwise reestablishes the bond required by chapter 18.160 RCW for licensing;

(3) Continues to perform fire protection sprinkler contractor work as defined by chapter 18.160 RCW;

(4) Employs a certificate of competency holder of the appropriate level; and

(5) Meets the criteria necessary for licensing as a fire protection sprinkler contracting company as defined by chapter 18.160 RCW.

[Statutory Authority: Chapters 43.63A and 18.160 RCW. 91-14-086 (Order 91-06), 212-80-105, filed 7/1/91, effective 8/1/91.]


AMENDATORY SECTION(Amending WSR 94-24-032, filed 12/1/94, effective 1/1/95)

WAC 212-80-110   Contractor responsibilities, certificate of competency holder employment.   (1) A fire protection sprinkler system contractor shall have at least one full time certificate of competency holder, consistent with the license level, employed to conduct business.

(2) If a certificate of competency holder should leave the employment of the fire protection sprinkler system contractor, and the contractor has no other certificate of competency holder on staff, the contractor shall have six months or until the expiration of the current license, whichever occurs last, to submit a new application. In order to be issued a new license, the contractor shall identify a new certificate of competency holder who, at the time of application, shall be either an owner or full-time employee of ((the)) that fire protection sprinkler business.

(3) If such application is not received by the chief of the Washington state patrol, through the director of fire protection and a new license issued within the allotted time, the chief of the Washington state patrol, through the director of fire protection shall revoke the license of the fire protection sprinkler system contractor.

(4) The fire protection sprinkler system contractor may only complete the active phase of existing work in progress which has been approved by the authority having jurisdiction, ((but)) and may not receive new approvals from the authority having jurisdiction without a certificate holder's number on the documents. Installation can continue on approved design plans, however, the contractor's material and test certificate for the system must be stamped (((sealed))) by a certificate of competency holder in the full-time employ of the installing contractor.

[Statutory Authority: Chapters 43.63A and 18.160 RCW. 94-24-032, 212-80-110, filed 12/1/94, effective 1/1/95; 91-14-086 (Order 91-06), 212-80-110, filed 7/1/91, effective 8/1/91.]


AMENDATORY SECTION(Amending WSR 94-24-032, filed 12/1/94, effective 1/1/95)

WAC 212-80-115   License renewals.   (1) All licensed fire protection sprinkler system contractors desiring to continue to be licensed shall secure from the chief of the Washington state patrol, through the director of fire protection prior to January 1 of each year a renewal license upon payment of the fee as prescribed by the chief of the Washington state patrol, through the director of fire protection.

(2) Application for renewal shall be upon a form prescribed by the chief of the Washington state patrol, through the director of fire protection, and the license holder shall furnish the information required by the chief of the Washington state patrol, through the director of fire protection.

(3) Failure of any license holder to secure his or her renewal license within sixty days after the expiration date shall constitute sufficient cause for the chief of the Washington state patrol, through the director of fire protection to suspend the license.

(4) The chief of the Washington state patrol, through the director of fire protection may restore a license that has been suspended. In addition to other provisions of this regulation, any of the following will constitute cause for the chief of the Washington state patrol, through the director of fire protection not to restore a license that has been suspended:

(a) Nonreceipt of payment of all delinquent fees;

(b) Nonreceipt of a late charge and/or application fee; ((and))

(c) Failure to comply with the bonding requirements of chapter 18.160 RCW; and

(d) Failure to obtain or show evidence of having a full time employee certified as a certificate of competency holder of the appropriate level as defined by chapter 18.160 RCW.

[Statutory Authority: Chapters 43.63A and 18.160 RCW. 94-24-032, 212-80-115, filed 12/1/94, effective 1/1/95; 92-20-070 (Order 92-08), 212-80-115, filed 10/5/92, effective 11/5/92; 91-14-086 (Order 91-06), 212-80-115, filed 7/1/91, effective 8/1/91.]


AMENDATORY SECTION(Amending Order 91-06, filed 7/1/91, effective 8/1/91)

WAC 212-80-120   Prorated license fees.   The initial license fee shall be prorated based upon the portion of the year such license is in effect((, prior to renewal on January 1)). This is allowed only once in the history of the company.


EXCEPTION: Any contracting company who attempts to license as a fire sprinkler contracting company after performing work covered by this chapter and chapter 18.160 RCW shall be required to pay the full annual licensing fees, in addition to any penalties assessed by the chief of the Washington state patrol, through the director of fire protection, for unlicensed operation(s).

[Statutory Authority: Chapters 43.63A and 18.160 RCW. 91-14-086 (Order 91-06), 212-80-120, filed 7/1/91, effective 8/1/91.]


AMENDATORY SECTION(Amending Order 92-08, filed 10/5/92, effective 11/5/92)

WAC 212-80-125   Contractor surety bonds.   (1) The chief of the Washington state patrol, through the director of fire protection shall not issue a license under this regulation unless:

(a) The fire protection sprinkler system contractor, to be licensed as a Level III or Level "U" fire protection sprinkler system contractor, files with the chief of the Washington state patrol, through the director of fire protection a surety bond executed by a surety company authorized to do business in the state of Washington, in the sum of ten thousand dollars, conditioned to compensate third-party losses caused by the acts of the principal or the principal's servant, officer, agent, or employee in conducting the business registered or licensed under this regulation; or

(b) The fire protection sprinkler system contractor, to be licensed for Level I or Level II systems files with the chief of the Washington state patrol, through the director of fire protection a surety bond executed by a surety company authorized to do business in the state of Washington, in the sum of six thousand dollars, conditioned to compensate third-party losses caused by the acts of the principal or the principal's servant, officer, agent, or employee in conducting the business registered or licensed under this regulation.

(2) ((Bonds required by other state agencies are separate from the bonding requirements of chapter 18.160 RCW. Bonds filed with the department of labor and industries cannot be used to satisfy the bonding requirements for a fire protection sprinkler system contractor.

(3))) Upon approval by the chief of the Washington state patrol, through the director of fire protection, property or cash may substitute for a surety bond provided the value ((is at least ten thousand dollars and the property or cash is not otherwise encumbered for Level III systems)) matches the appropriate level of bonding required for the level of work to be performed. The value of property shall be determined by an appraiser selected by the chief of the Washington state patrol, through the director of fire protection. All appraisal fees shall be paid by the fire protection sprinkler system contractor.

[Statutory Authority: Chapters 43.63A and 18.160 RCW. 92-20-070 (Order 92-08), 212-80-125, filed 10/5/92, effective 11/5/92.]


AMENDATORY SECTION(Amending Order 91-06, filed 7/1/91, effective 8/1/91)

WAC 212-80-130   Municipality, county, or state regulations.   (1) Nothing in this regulation limits the power of a municipality, county, or state to regulate the quality and character of work performed by contractors through a system of permits, fees, and inspections which are designed to assure compliance with and aid in the implementation of state and local building laws or to enforce other local laws for the protection of the public health and safety.

(2) Nothing in this regulation limits the power of the municipality, county, or the state to adopt any system of permits requiring submission to and approval by the municipality, county, or the state of layout drawings and specifications for work to be performed by contractors before commencement of the work.

(3) The official authorized to issue building or other related permits shall ascertain that the fire protection sprinkler system contractor is duly licensed by requiring evidence of a valid fire protection sprinkler system contractor's license and a valid certificate of competency stamp consistent with the contractor's license.

(4) This regulation applies to any fire protection sprinkler system contractor performing work for any municipality, county, or the state.

(5) Officials of any municipality, county, or the state are required to determine compliance with this regulation before awarding any contracts for the installation, repair, service, alteration, fabrication, addition, or inspection of a fire protection sprinkler system.

[Statutory Authority: Chapters 43.63A and 18.160 RCW. 91-14-086 (Order 91-06), 212-80-130, filed 7/1/91, effective 8/1/91.]

REVOCATION OF LICENSE/CERTIFICATE
AMENDATORY SECTION(Amending WSR 94-24-032, filed 12/1/94, effective 1/1/95)

WAC 212-80-135   Suspension or revocation of licenses.   (1) The chief of the Washington state patrol, through the director of fire protection may refuse to issue or renew or may suspend or revoke the privilege of a licensed fire protection sprinkler system contractor to engage in the fire protection sprinkler system business or may establish penalties as prescribed by Washington state law for any of the following reasons:

(a) Gross incompetency or gross negligence in the preparation of layout drawings, installation, repair, alteration, maintenance, inspection, service, or addition to fire protection sprinkler systems.

(b) Conviction of a felony.

(c) Fraudulent or dishonest practices while engaging in the fire protection sprinkler systems business.

(d) Use of false evidence or misrepresentation in an application for a license.

(e) Permitting his or her license to be used in connection with the installation of any system when such installation is not under his or her supervision, or in violation of this regulation.

(f) Knowingly violating any provisions of this regulation or chapter 18.160 RCW.

(2) The chief of the Washington state patrol, through the director of fire protection shall revoke the license of a licensed fire protection sprinkler system contractor who engages in the fire protection sprinkler system business while the license is suspended.

[Statutory Authority: Chapters 43.63A and 18.160 RCW. 94-24-032, 212-80-135, filed 12/1/94, effective 1/1/95; 91-14-086 (Order 91-06), 212-80-135, filed 7/1/91, effective 8/1/91.]

CIVIL PENALTIES AND FINES
NEW SECTION
WAC 212-80-210   Imposing citations and civil penalties.   The chief of the Washington state patrol, through the director of fire protection, may impose civil penalties and/or fines to any licensed company or certified individual who violates any provision of chapter 18.160 RCW or this chapter. Moreover, the chief of the Washington state patrol, through the director of fire protection, may impose the civil penalties and/or fines listed herein to any unlicensed company or uncertified individual who operates in the state of Washington as a licensed company and/or certified individual.

[]


NEW SECTION
WAC 212-80-215   Citations and penalties.   (1) These rules establish the basis and process by which the citations and penalties will be determined and issued for violations of chapter 18.160 RCW and/or chapter 212-80 WAC.

(2) Each violation is classified and penalties assessed according to the violation type and instance as defined by this chapter.

[]


NEW SECTION
WAC 212-80-220   General rules of citations and penalties.   (1) These rules establish civil penalty criteria for violation Types I, II, and III and the instances for each type of violation.

(2) These rules apply to persons who violate the intent, chapter, and requirements of chapter 18.160 RCW and/or chapter 212-80 WAC.

(3) Each separate instance of noncompliance with chapter 18.160 RCW and/or chapter 212-80 WAC shall be considered a separate violation.

(4) Each day the violation continues may be considered a separate violation.

(5) In addition to the issuance of citations and/or penalties, the chief of the Washington state patrol, through the director of fire protection, may also revoke, suspend, and/or deny the renewal of any license or certificate issued under chapter 18.160 RCW to person(s) and/or company(ies) who fails to pay any penalties assessed under these rules. Such action does not preclude the chief of the Washington state patrol, through the director of fire protection, from assessing further violations for unlicensed and/or uncertified operations.

(6) The penalty for each violation shall range from $0.00 to $5,000.00 per day per violation per occurrence.

[]


NEW SECTION
WAC 212-80-225   Violation types, instances, and penalty assessments.   (1) Penalties shall be assessed according to the violation type.

(2) The violation types are as follows:

(a) Minimal - Type I;

(b) Moderate - Type II; and

(c) Severe - Type III.

(3) The instances are as follows:

(a) 1st - The first time the individual, person, and/or company is in violation of chapter 18.160 RCW and/or chapter 212-80 WAC in any one calendar year, regardless of the number of individual violations or the duration of them;

(b) 2nd - The second time the individual, person, and/or company is in violation of chapter 18.160 RCW and/or chapter 212-80 WAC in any one calendar year, regardless of the number of individual violations or the duration of them; and

(c) 3rd - The third time the individual, person and/or company is in violation of chapter 18.160 RCW and/or chapter 212-80 WAC in any one calendar year, regardless of the number of individual violations or the duration of them.

(4) In the event of a fourth instance in any one calendar year, that company and/or individual will no longer be allowed to work in the sprinkler field in the state of Washington. This decision may be appealed, pursuant to RCW 74.20A.320.

[]


NEW SECTION
WAC 212-80-230   Hearings.   (1) Any person may request a hearing regarding the assessment of a civil penalty.

(2) Hearings requests shall be filed with the chief of the Washington state patrol, through the director of fire protection, within thirty days of the date of the service of a civil penalty.

(3) Any person who requests a hearing shall be entitled to a hearing.

[]


NEW SECTION
WAC 212-80-235   Informal conference.   (1) The chief of the Washington state patrol, through the director of fire protection, will provide an opportunity for a person to informally discuss a civil penalty that has been assessed against them.

(2) An informal conference may be requested prior to a request for a formal hearing. However, it shall not exceed nor extend their thirty-day timeline allotted for the request of a formal hearing - regardless of the outcome.

(3) The request for an informal hearing may be in any form and:

(a) Shall be addressed to the chief of the Washington state patrol, through the director of fire protection; and

(b) Clearly state the subject to be discussed.

(4) As a result of an informal conference, the chief of the Washington state patrol, through the director of fire protection, may for good cause choose to amend, withdraw, or reduce the civil penalty.

[]


NEW SECTION
WAC 212-80-240   Formal hearing.   (1) A person may request a formal hearing at any time before or after the request of an informal conference, as long as the thirty day period allotted has not elapsed.

(2) The chief of the Washington state patrol, through the director of fire protection, will arrange for a hearings officer to conduct the formal hearing.

(3) The chief of the Washington state patrol, through the director of fire protection, will set a date, time, and location for the formal hearing.

(4) The chief of the Washington state patrol, through the director of fire protection, will notify by letter the person requesting the hearing (or their designated representative) of the date, time, location, and hearings officer conducting the formal hearing.

(5) The hearings officer will hear the case and, within ninety days of the hearing, render a proposed opinion and order including recommended findings of fact and conclusions of law, according to chapter 34.05 RCW.

(6) The formal hearing shall be conducted as follows:

(a) The hearings officer will act as an impartial third party.

(b) It is not necessary for the person who requested the hearing to be represented by legal council.

(c) An official record shall be made through a scribe.

(d) Testimony shall be taken under oath.

(e) All evidence of a type commonly relied upon by a reasonably prudent person in the conduct of their serious affairs is admissible.

(f) Hearsay evidence is admissible if it meets the statutory standards for being reliable and trustworthy.

(g) A proposed opinion and order will be provided.

(7) The proposed opinion and order shall be reviewed by the chief of the Washington state patrol, through the director of fire protection, and if accepted be finalized and issued as a final order.

[]


NEW SECTION
WAC 212-80-245   Penalty adjustments.   (1) The assessment of adjustment of penalties for amounts other than those set by chapter 18.160 RCW shall be done only by the chief of the Washington state patrol, through the director of fire protection, through a hearings process either formally or informally.

(2) The assessment of penalties for not being in conformance with chapter 18.160 RCW and/or chapter 212-80 WAC may be made only after considering:

(a) The gravity and magnitude of the violation.

(b) The person's previous record.

(c) Such other considerations as the chief of the Washington state patrol, through the director of fire protection, may consider appropriate.

(3) During a formal hearing or informal conference, the chief of the Washington state patrol, through the director of fire protection, may modify or adjust the citation, cited violations, and/or penalties assessed in order to meet the requirements of these rules and to ensure uniformity and consistency in their application statewide.

[]


NEW SECTION
WAC 212-80-250   Payment of civil penalty.   (1) The penalty shall be paid to the chief of the Washington state patrol, through the director of fire protection, within twenty-eight days after an order assessing a civil penalty becomes final by operation of law or on an appeal.

(2) The attorney general may bring an action in the name of the chief of the Washington state patrol, through the director of fire protection, in the superior court of Thurston County or of any county in which the violator may do business to collect any penalty imposed under chapter 18.160 RCW.

[]


NEW SECTION
WAC 212-80-255   Type I (minimal) violations.   (1) Type I violations are subject to penalties ranging from a warning to two hundred dollars a day depending upon the instance and in accordance with chapter 212-80 WAC.

(2) Examples of Type I violations include, but are not limited to:

(a) Failing to inform the chief of the Washington state patrol, through the director of fire protection, of the loss of their primary certificate of competency holder, as required by RCW 18.160.40.

(b) Failing to have the certificate of competency holder stamp plans, calculations, and/or test certificates.

(c) Allowing an employee to certify, install, inspect, maintain, and/or service water based fire sprinkler systems or equipment contrary to NFPA codes, standards, or manufacturers' specifications without specific written permission from the local authority having jurisdiction.

(d) Working without a permit, or permission to do so, by the local authority having jurisdiction.

[]


NEW SECTION
WAC 212-80-260   Type II (moderate) violations.   (1) Type II violations are subject to penalties ranging from two hundred dollars to five hundred dollars a day depending upon instance and in accordance with chapter 212-80 WAC.

(2) Examples of Type II violations include, but are not limited to:

(a) Performing work on a sprinkler system where the employee's certificate of competency holder under RCW 18.160.40 does not have a current or valid license.

(b) Working without the appropriate level of license or certificate of competency.

(c) Permitting his or her license to be used in connection with the preparation of any technical drawings that have not been prepared by him or her personally, or under their direct supervision.

(d) Working with an expired license or permit (more than ninety days).

[]


NEW SECTION
WAC 212-80-265   Type III (serious) violations.   (1) Type III violations are subject to penalties ranging from five hundred dollars to five thousand dollars a day depending on instance and in accordance with chapter 212-80 WAC.

(2) Examples of Type III violations include, but are not limited to:

(a) Demonstrating gross incompetency or gross negligence in the preparation of technical drawings, the installation, repair, alteration, maintenance, inspection, service, and/or addition to a fire sprinkler system.

(b) Allowing an employee to demonstrate gross incompetency or gross negligence in the installation, repair, alteration, maintenance, inspection, service and/or addition to a fire sprinkler system.

(c) Charging a customer for fire sprinkler work not performed.

(d) Offering to contract for fire sprinkler work without a certificate of competency holder, as described in RCW 18.160.040.

(e) Allowing an employee to falsify any fire sprinkler tags, labels, or inspection reports.

(f) Working without a certified full-time certificate of competency holder on staff.

(g) Falsifying an application or document submitted to the chief of the Washington state patrol, through the director of fire protection, to obtain a sprinkler contractor license or certificate of competency.

(h) Committing three or more Level II offenses within a three year period either as a company, through an employee of the company, through an employee acting as a certificate of competency holder for the company, and/or any combination thereof.

(i) Permitting his or her license to be used in connection with the stamping of any test certificates for work performed by someone other than his or her full-time employees.

[]


NEW SECTION


The following sections of the Washington Administrative Code are recodified as follows:


Old WAC Number New WAC Number
212-80-025 212-80-023
212-80-095 212-80-028
212-80-100 212-80-033
212-80-130 212-80-038
212-80-030 212-80-043
212-80-090 212-80-053
212-80-105 212-80-058
212-80-110 212-80-063
212-80-115 212-80-068
212-80-120 212-80-073
212-80-125 212-80-078
212-80-035 212-80-083
212-80-040 212-80-088
212-80-045 212-80-093
212-80-050 212-80-098
212-80-055 212-80-103
212-80-060 212-80-108
212-80-070 212-80-113
212-80-075 212-80-118
212-80-080 212-80-123
212-80-085 212-80-128
212-80-135 212-80-200
212-80-065 212-80-205

Legislature Code Reviser 

Register

Washington State Code Reviser's Office