BILL REQ. #:  H-4010.1 

Read first time 01/18/2006.   Referred to Committee on Commerce & Labor.

     AN ACT Relating to sprinkler fitters; adding a new chapter to Title 18 RCW; and prescribing penalties.

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

NEW SECTION.  Sec. 1   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Advisory board" means the state advisory board of sprinkler fitters.
     (2) "Certificate" means a certificate of competency granted by the director under the terms of this chapter, and is valid within the state and all political subdivisions and meets all of the requirements for license or certification that may be applied by the political subdivisions.
     (3) "Contractor" means any person, corporation, or other entity, licensed under the provisions of chapter 18.160 RCW, which performs any work covered by the provisions of this chapter.
     (4) "Director" means the state director of fire protection.
     (5) "Fire protection sprinkler fitting" means installing, testing, altering, repairing, inspecting, renovating, and maintaining sprinkler, standpipe, hose, or other hazard systems for fire protection purposes, that is an assembly of underground or overhead piping or conduit beginning at the connection to the primary water supply, whether public or private, fire hydrants, hydrant mains, sprinkler tank heaters, air lines, linear detection systems, aspirating detection systems, and all tanks and pumps attached thereto.
     (6) "Journey-level sprinkler fitter" means any person who has been issued a certificate of competency by the director as provided by this chapter.
     (7) "NFPA 13-D" means the standard in use by the national fire protection association for the installation of fire protection sprinkler systems in one and two-family dwellings and manufactured homes whenever the provisions of this chapter are applied.
     (8) "NFPA 13-R" means the standard in use by the national fire protection association for the installation of fire protection sprinkler systems in residential dwellings up to and including four stories in height whenever the provisions of this chapter are applied.
     (9) "Residential sprinkler fitter" means anyone who has been issued a residential certificate of competency limited to installation, maintenance, and repair of the fire protection sprinkler system of residential occupancies as defined by NFPA 13-D and NFPA 13-R.

NEW SECTION.  Sec. 2   (1) No person may engage in the trade of fire protection sprinkler fitting without having a valid journey-level sprinkler fitter certificate of competency, residential sprinkler fitter certificate of competency, or temporary permit.
     (2) No contractor may employ a person in violation of subsection (1) of this section to perform fire protection sprinkler fitting work.
     (3) A person found by the director to have committed an infraction under this chapter shall be assessed a monetary penalty of five hundred dollars.
     (4) Each day in which a person engages in the trade of fire protection sprinkler fitting in violation of subsection (1) of this section or employs a person in violation of subsection (2) of this section is considered a separate infraction.

NEW SECTION.  Sec. 3   (1) A person who applies for a journey-level sprinkler fitter certificate of competency as provided in this chapter shall provide evidence to the director that he or she has completed eight thousand hours of trade-related fire protection sprinkler fitting experience.
     (2) Any person who applies for a residential sprinkler fitter certificate of competency as provided in this chapter shall provide evidence to the director that he or she has completed four thousand hours of trade-related fire protection sprinkler fitting or residential fire protection sprinkler experience.
     (3) An applicant for a certificate of competency shall submit an application to the director and pay a fifty-dollar application fee.
     (4) The director may grant and issue temporary permits in lieu of certificates of competency when a journey-level sprinkler fitter or residential sprinkler fitter from another state, who meets the requirements of this section, submits an application with a fifty-dollar filing fee for a temporary permit to engage in fire protection sprinkler fitting as a journey-level sprinkler fitter or as a residential sprinkler fitter until such time as an application for a certificate of competency is submitted and approved. A temporary certificate may not be granted for a period of more than ninety days from the date of issuance.
     (5) The director may, upon receipt of an application for examination waiver, grant a certificate of competency without examination to any applicant who is a certified journey-level sprinkler fitter or residential sprinkler fitter from a state whose requirements for certification are at least substantially equivalent to the requirements of this state, and which extends the same privileges of reciprocity to journey-level sprinkler fitters or residential sprinkler fitters certified in this state.
     (6) The director shall grant a certificate of competency without an examination to all applicants who, during the ninety days following the effective date of this section, submit an application for such certification, along with a fifty-dollar filing fee and evidence of his or her employment as a journey-level sprinkler fitter or residential sprinkler fitter for a period of not less than eight thousand hours.

NEW SECTION.  Sec. 4   (1) The director, with the advice of the advisory board established in section 6 of this act, shall prepare a written examination to be administered to applicants for certificates of competency for journey-level sprinkler fitter and residential sprinkler fitter.
     (2) The director shall administer the written examination to eligible persons. Prior to taking the examination, all applicants shall pay an examination fee of fifty dollars to the director.

NEW SECTION.  Sec. 5   (1) The director shall issue a certificate of competency to all eligible applicants who pass the written examination required under section 4 of this act. The certificate must bear the date of issuance and expires three years following the date of issuance. A person may renew his or her certification by submitting to the director an application for renewal with an application fee of fifty dollars.
     (2) If a person fails to renew the certificate prior to its expiration, he or she must reapply for certification in accordance with this section, and retake the written examination required under section 4 of this act.

NEW SECTION.  Sec. 6   (1) There is created a state advisory board of sprinkler fitters, composed of five members as follows: Two journey-level sprinkler fitters, appointed by the governor; two contractors licensed under chapter 18.160 RCW, appointed by the governor; and the director or the director's designee.
     (2) The terms of one journey-level sprinkler fitter and one contractor expire two years after appointment; and the terms of the second journey-level sprinkler fitter and the second contractor expire three years after appointment. Upon the expiration of each term, a new member must be appointed by the governor to serve for a term of three years.
     (3) The advisory board shall carry out all the functions and duties set forth in this chapter, as well as generally advise the director on all matters relating to this chapter.
     (4) Each member of the advisory board must be reimbursed for travel expenses when attending scheduled meetings of the advisory board.

NEW SECTION.  Sec. 7   The fire protection sprinkler fitting certificate account is created in the custody of the state treasurer. All receipts from fees established under this chapter must be deposited into the account. Expenditures from the account may be used only for administering this chapter. Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

NEW SECTION.  Sec. 8   An authorized representative of the director may investigate alleged violations of this chapter. Upon request of an authorized representative, a person performing fire protection sprinkler fitting or residential sprinkler fitting work must produce evidence that he or she has a certificate or permit issued by the director in accordance with this chapter. Failure to produce such evidence is an infraction as provided in section 2 of this act.

NEW SECTION.  Sec. 9   A person wishing to appeal a determination of infraction under this chapter must file an appeal within twenty days of the date of the notice of infraction in accordance with chapter 34.05 RCW, the administrative procedure act.

NEW SECTION.  Sec. 10   Sections 1 through 9 of this act constitute a new chapter in Title 18 RCW.