AN ACT
Relating to fire protection sprinkler systems; amending RCW 18.160.030; adding a
new section to chapter 9.45 RCW; adding new sections to chapter 18.160 RCW;
prescribing penalties; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A new
section is added to chapter 9.45 RCW to read as follows:
Any
fire protection sprinkler system contractor, defined under RCW 18.160.010, who
willfully and maliciously constructs, installs, or maintains a fire protection
sprinkler system in any structure so as to threaten the safety of any occupant
or user of the structure in the event of a fire, is guilty of a class C
felony. This section may not be construed to create any criminal liability for
a prime contractor or an owner of a structure unless it is proved that the
prime contractor or owner had actual knowledge of an illegal construction,
installation, or maintenance of a fire protection sprinkler system by a fire
protection sprinkler system contractor.
Sec.
2. RCW
18.160.030 and 1990 c 177 s 4 are each amended to read as follows:
(1)
This chapter shall be administered by the state director of fire protection.
(2)
The state director of fire protection shall have the authority, and it shall be
his or her duty to:
(a)
Issue such administrative regulations as necessary for the administration of
this chapter;
(b)(i)
Set reasonable fees for licenses, certificates, testing, and other aspects of
the administration of this chapter. However, the license fee for fire
protection sprinkler system contractors engaged solely in the installation,
inspection, maintenance, or servicing of NFPA 13-D fire protection sprinkler
systems shall not exceed one hundred dollars, and the license fee for fire
protection sprinkler system contractors engaged solely in the installation,
inspection, maintenance, or servicing of NFPA 13-R fire protection sprinkler
systems shall not exceed three hundred dollars;
(ii)
Adopt rules establishing a special category restricted to contractors registered
under chapter 18.27 RCW who install underground systems that service fire
protection sprinkler systems. The rules shall be adopted within ninety days of
the effective date of this act;
(c)
Enforce the provisions of this chapter;
(d)
Conduct investigations of complaints to determine if any infractions of this
chapter or the regulations developed under this chapter have occurred;
(e)
Work with the fire sprinkler advisory committee consisting of fire protection
sprinkler system contractors and other related officials;
(f)
Assign a certificate number to each certificate of competency holder; and
(g)
Adopt rules necessary to implement and administer a program which requires the
affixation of a seal any time a fire protection sprinkler system is installed,
which seal shall include the certificate number of any certificate of
competency holder who installs, in whole or in part, the fire protection
sprinkler system.
NEW
SECTION. Sec. 3. A new
section is added to chapter 18.160 RCW to read as follows:
Any
fire protection sprinkler system contractor who constructs, installs, or
maintains a fire protection sprinkler system in any occupancy, except an
owner-occupied single-family dwelling, without first obtaining a fire sprinkler
contractor's license from the state of Washington, is guilty of a gross
misdemeanor. This section may not be construed to create any criminal
liability for a prime contractor or an owner of an occupancy unless it is
proved that the prime contractor or owner had actual knowledge of an illegal
construction, installation, or maintenance of a fire protection sprinkler
system by a fire protection sprinkler system contractor.
NEW
SECTION. Sec. 4. A new
section is added to chapter 18.160 RCW to read as follows:
Civil
proceedings to enforce this chapter may be brought by the attorney general or
the prosecuting attorney of any county where a violation occurs on his or her
own motion or at the request of the state director of fire protection.
NEW
SECTION. Sec. 5. This
act is necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public
institutions, and shall take effect immediately.
