BILL REQ. #:  S-3405.4 

Read first time 01/15/10.   Referred to Committee on Government Operations & Elections.

     AN ACT Relating to fire protection firms; adding a new chapter to Title 19 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) "Certificate of competency holder" means any person who has satisfactorily met the qualifications and has received a certificate of competency for any of the three following disciplines from the director under this chapter:
     (a) "Portable fire extinguisher technician" means any person who is engaged in the business of installing, servicing, maintaining, recharging, or hydrotesting fire extinguishers as defined in NFPA 10;
     (b) "Preengineered industrial fire extinguishing system technician" means any person who is engaged in the business of installing, servicing, maintaining, recharging, or hydrotesting preengineered industrial fire extinguishing systems as defined in NFPA 17 and 2001.
     (c) "Preengineered kitchen fire extinguishing system technician" means any person who is engaged in the business of installing, servicing, maintaining, recharging, or hydrotesting preengineered kitchen fire extinguishing systems as defined in NFPA 17A;
     (2) "Director" means the state director of fire protection.
     (3) "Fire extinguisher" or "appliance" means an assembly of components consisting of cylinder, valve, nozzle, and hose or fixed nozzle, extinguishing agent, and expelling agent. The appliance may be in a fixed position or location, movable on wheels, or hand portable. The fire extinguisher may be of the stored pressure type, pressurized for expelling the extinguishing agent by means of an external pressurized cartridge, or cylinder or as described in NFPA 10.
     (4) "Fire protection firm" means a person or organization that offers to undertake the execution of contracts, verbal or written, for the installation, inspection, maintenance, or servicing of a fire extinguisher or preengineered fixed fire suppression system or any part of such an appliance or assembly.
     (5) "Fire protection firm license" means the license issued by the director to a fire protection firm.
     (6) "Firm" means a corporation, partnership, organization, or other business association, governmental entity, or any other legal or commercial entity.
     (7) "Hydrostatic testing" means pressure testing of the cylinder or applicable attachment to verify its strength against unwanted rupture as prescribed by the most current version of NFPA 10, 17, 17A, or 2001 and applicable United States department of transportation requirements.
     (8) "ICC" means the international code council, inc.
     (9) "Inspection" means a visual examination or "quick check" as defined by NFPA 10, 17, 17A, and 2001.
     (10) "Maintenance" means a thorough examination as defined by NFPA 10, 17, 17A, and 2001.
     (11) "NAFED" means the national association of fire equipment distributors.
     (12) "NFPA 10" means the standard, referenced by the international fire code, that is used by the national fire protection association for the installation, maintenance, and servicing of fire extinguishers.
     (13) "NFPA 17" means the standard, referenced by the international fire code, that is used by the national fire protection association for the installation, maintenance, and servicing of dry chemical extinguishing systems.
     (14) "NFPA 17A" means the standard, referenced by the international fire code, that is used by the national fire protection association for the installation, maintenance, and servicing of wet chemical extinguishing systems.
     (15) "NFPA 96 chapter 11" means the standard, referenced by the international fire code, that is used by the national fire protection association for ventilation control and fire protection of commercial cooking operations.
     (16) "NFPA 2001" means the standard, referenced by the international fire code, that is used by the national fire protection association for the installation, maintenance, and servicing of clean agent fire extinguishing systems.
     (17) "Person" means a natural person, including an owner, manager, partner, officer, employee, or occupant.
     (18) "Preengineered fixed fire suppression system" or "assembly" means any system as defined by NFPA standards 17, 17A, 96 chapter 11, and 2001.
     (19) "Servicing" means performing maintenance, recharging, or hydrostatic testing pursuant to NFPA 10, 17, 17A, and 2001.

NEW SECTION.  Sec. 2   This chapter incorporates by reference the following codes, standards, and regulations: International fire code; international code council; international building code; international mechanical code; NFPA 10 for portable fire extinguishers; NFPA 17 for dry chemical extinguishing systems; NFPA 17A for wet chemical extinguishing systems; NFPA 96 chapter 11; NFPA 2001 for clean agent fire extinguishing systems as they may apply; and applicable United States department of transportation regulations as the minimum standard for installation, servicing, and maintenance for the fire extinguisher and preengineered fire suppression industry in the state of Washington. If a conflict exists between any of the codes, standards, or regulations listed in this section, the more stringent standard applies.

NEW SECTION.  Sec. 3   (1) A county, city, or town may not enact an order, ordinance, rule, or regulation requiring a fire protection firm or certificate of competency holder to obtain a fire extinguisher or preengineered fire suppression system contractor license or certificate of competency from the county, city, or town. However, a county, city, or town may require a fire protection firm to obtain a business license and pay its permit fee to install fire extinguishers or preengineered fire suppression systems to conform to the building code or other construction requirements of the county, city, or town, but may not impose financial responsibility requirements other than proof of a valid license.
     (2) This chapter does not apply to:
     (a) United States, state, and local government employees, building officials, fire marshals, fire inspectors, or insurance inspectors when acting in their official capacities;
     (b) A business owner or representative performing a monthly "quick check" or inspection;
     (c) A person or organization acting under court order;
     (d) A person or organization that sells or supplies products or material to a licensed fire extinguisher service firm;
     (e) An owner and occupier of a single-family residence performing his or her own installation in that residence; or
     (f) An owner and occupier of any building where the owner and occupier must meet the certification requirements listed in this chapter when completing the work outlined in this chapter, but are not required to contract out these services to a private contractor.

NEW SECTION.  Sec. 4   (1) The director shall administer the requirements of this chapter.
     (2) The director shall:
     (a) Adopt rules necessary to administrate this chapter, including:
     (i) Setting fees for licenses, certificates, testing, and other aspects of the administration of this chapter;
     (ii) Reviewing all aspects of applications for fire protection firm licenses and certificates of competency including, but not limited to, claims against the contractor's bond;
     (iii) Adopting rules establishing a special category restricted to fire protection firms registered under this chapter that install fire extinguishers and preengineered fixed fire suppression systems; and
     (iv) Adopting rules defining infractions under this chapter and fines to be assessed for those infractions in accordance with section 13 of this act;
     (b) Enforce this chapter;
     (c) Conduct investigations of complaints to determine if any infractions of this chapter or the rules adopted under this chapter have occurred;
     (d) Structure all initial investigations of complaints with intent to bring license and certificate holders into service compliance without being excessively punitive. Gross or fraudulent violations must be dealt with as deemed appropriate by the director;
     (e) Assign a license number to each fire protection firm, referencing a number of a certificate of competency holder, and issue each license in the firm's business name;
     (f) Assign a certificate number to each certificate of competency holder referencing the licensing number of the fire protection firm;
     (g) Adopt a minimum standard for a certification tag to be used throughout the state of Washington that includes the fire protection firm's license number and the certificate of competency holder's name and number; and
     (h) Amend the licensing and certification rules as codes, standards, and certification tests evolve.

NEW SECTION.  Sec. 5   (1) To become a portable fire extinguisher technician certificate of competency holder under this chapter, an applicant must have satisfactorily passed the ICC examination for portable fire extinguishers.
     (2) To become a preengineered kitchen fire extinguishing system technician certificate of competency holder under this chapter, an applicant must have satisfactorily passed the ICC examination for preengineered kitchen fire extinguishing systems and completed a factory kitchen system school or equivalent.
     (3) To become a preengineered industrial fire extinguishing system technician certificate of competency holder under this chapter, an applicant must have satisfactorily passed the ICC examination for preengineered industrial fire extinguishing systems and successfully completed a factory industrial system school or equivalent.
     (4) Every applicant for a certificate of competency shall fulfill the requirements established by the director under section 4 of this act.
     (5) Every applicant for a certificate of competency shall apply to the director and pay the fees required.
     (6) Every certificate of competency holder must be employed by a licensed fire protection firm in order to perform service, maintenance, or installation of an appliance or assembly unless the person is an owner and occupier of a building where the owner and occupier is responsible for the business or operations of the building.
     (7) The director may issue a training certificate of competency in any particular discipline to an individual who has applied for a certificate and paid the required fees. An individual issued a training certificate must perform work under direct visual supervision of a certificate of competency holder. The training certificate of competency is valid for a period of up to one year. The training certificate holder shall, within the one-year period, complete the requirements for a certificate of competency specified in this section. There is no examination exemption for an individual issued a training certificate. Prior to the expiration of the one-year period, the training certificate holder shall apply for a regular certificate of competency. The procedures and qualifications for issuance of a regular certificate of competency are applicable to the training certificate holder. When a training certificate expires, the holder may apply for an extension, not to exceed six months. When that extension expires, the holder may not perform any activities associated with the holding of a training certificate of competency and is subject to the penalties contained in this chapter.
     (8) To become a licensed fire protection firm under this chapter, a person or firm must:
     (a) Obtain a certificate of competency or have in their full-time employ at least one holder of a valid certificate of competency before performing service, maintenance, or installation on an appliance or assembly;
     (b) Maintain a minimum two million dollars aggregate sum of insurance and current posting with the Washington state department of labor and industries;
     (c) Be a contractor registered with the department of labor and industries; and
     (d) Have or be contracted to a company with a department of transportation retesters identification number for both low and high-pressure cylinders and applicable attachments.
     (9) Each license and certificate of competency issued under this chapter must be posted in a conspicuous place in the fire protection firm's primary Washington state place of business.
     (10) All bids, advertisements, proposals, offers, and drawings for fire extinguisher and preengineered fixed fire suppression system installation, service, and maintenance must prominently display the fire protection firm's license number.
     (11) A certificate of competency or license issued under this chapter is not transferable.
     (12) In no case may a certificate of competency holder be employed full time, as defined by the department of labor and industries, by more than one licensed fire protection firm at the same time. If the certificate of competency holder should leave the employment of the fire protection firm, that firm must notify the director within fifteen days.
     (13) A certificate of competency holder who is terminated or resigns from a fire protection firm must have his or her certificate of competency placed in inactive status until again employed by a fire protection firm.
     (14) A certificate of competency holder employed full time under this chapter for reasons of long-term disability or military obligation may upon application to the director have his or her certificate of competency placed on inactive status until the holder can return to the full-time place of employment.
     (15) A fire protection firm must have at the minimum a physical address, and at least one telephone number attached to the physical address. A fire protection firm must possess the proper tools and equipment to service and maintain either fire extinguishers or preengineered fixed fire suppression systems, or both, in accordance with applicable NFPA standards and United States department of transportation regulations.

NEW SECTION.  Sec. 6   (1) Every three years all certificate of competency holders who desire to retain their certificate in a particular discipline shall secure from the director a renewal certificate of competency upon payment of the renewal fee adopted by the director. Application for renewal must be upon a notarized form prescribed by the director and the certificate holder shall furnish the information required by the director.
     (a) The director may suspend the certificate of competency of any certificate of competency holder who fails to secure his or her renewal certificate of competency within sixty days after the due date.
     (b) The director may, upon the receipt of payment of all delinquent fees including a late charge, restore a certificate of competency that has been suspended for failure to pay the renewal fee.
     (c) A certificate of competency holder may voluntarily surrender his or her certificate of competency to the director. After surrendering the certificate of competency, he or she is not subject to a renewal fee, may not use the term certificate of competency holder, and may not perform the services of a certificate holder. Within two years from the time of surrender of the certificate of competency, he or she may again qualify for a certificate of competency, without examination, by the payment of the required fee. If two or more years have elapsed, he or she must apply as a new applicant.
     (2) All licensed fire protection firms desiring to continue to be licensed shall annually secure from the director a renewal license upon payment of the fee adopted by the director. Application for renewal must be upon a form adopted by the director and the license holder shall furnish the information required by the director.
     (a) Failure of any license holder to secure his or her renewal license within sixty days after the due date constitutes sufficient cause for the director to suspend the license.
     (b) The director may, upon the receipt of payment of all delinquent fees including a late charge, restore a license that has been suspended for failure to pay the renewal fee.
     (3) The initial certificate of competency or license fee must be prorated based upon the portion of the licensing period in which the certificate of competency or license is in effect.
     (4) All fire protection firms based in other states providing fire protection services to accounts with locations in the state of Washington either by direct service or by contracting with Washington state-based fire protection firms must comply with this chapter.

NEW SECTION.  Sec. 7   (1) The fire protection firm licensing account is created in the custody of the state treasurer.
     (2) All receipts from licenses, testing, and certification fees and money generated due to enforcement of this chapter must be deposited into the account. All money from this account must be used only for the purposes of education for the public, licensed fire protection firms and their certificate of competency holders, and in administering and enforcing 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 no appropriation is required for expenditures.

NEW SECTION.  Sec. 8   (1) Nothing in this chapter limits the power of a city, town, county, or the 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. Nothing in this chapter limits the power of the city, town, county, or the state to adopt any system of permits requiring submission to and approval by the city, town, county, or the state, of technical drawings and specifications for work to be performed by contractors before commencement of the work. The official authorized to issue building or other related permits shall ascertain that the fire protection firm is duly licensed by requiring evidence of a valid fire protection firm license.
     (2) This chapter applies to any fire protection firm performing work for any city, town, county, or the state. Officials of any city, town, county, or the state are required to determine compliance with this chapter before awarding any contracts for the installation, repair, service, alteration, fabrication, addition, or maintenance of a fire protection appliance or assembly.
     (3) A city, town, county, state agency, or private entity performing fire appliance or assembly servicing for their own use or public use must comply with the level of licensing and certification intended for fire protection firms in the public sector under this chapter.

NEW SECTION.  Sec. 9   (1) The director may impose penalties under this chapter or refuse to issue or renew a license or may suspend or revoke the license of a fire protection firm or the certificate of a certificate of competency holder to engage in the fire extinguisher or preengineered fixed fire system service business for any of the following reasons:
     (a) Gross incompetence or gross negligence in the preparation of technical drawings, installation, repair, alteration, maintenance, service, addition, or removal of any fire protection appliance or assembly;
     (b) Conviction of a class A or B felony or any conviction that classifies the licensee or certificate holder as a registered sex offender. The director shall adopt rules for verifying that no class A or B felony has been committed or that the applicant is a registered sex offender;
     (c) Fraudulent or dishonest practices while working as a fire protection firm or certificate of competency holder;
     (d) Use of false evidence or misrepresentation in an application for a license or certificate of competency;
     (e) Permitting his or her license to be used in connection with the preparation of any technical drawings which have not been prepared by him or her personally or under his or her immediate supervision; or
     (f) Knowingly violating any provisions of this chapter or the rules adopted under this chapter.
     (2) The director shall revoke the license of a licensed fire protection firm or the certificate of a certificate of competency holder who engages in any of the three disciplines listed in section 1(1) of this act while the license or certificate of competency is suspended.
     (3) The director shall immediately suspend any license or certificate issued under this chapter if the holder has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order or a residential or visitation order. If the person has continued to meet all other requirements for issuance or reinstatement during the suspension, issuance, or reissuance of the license or certificate is automatic upon the director's receipt of a release issued by the department of social and health services stating that the person is in compliance with the order.
     (4) Any licensed fire protection firm or certificate of competency holder who is aggrieved by an order of the director may, within thirty days after notice of such action, file an informal appeal to the director and if still aggrieved by the outcome of the informal appeal, may appeal under chapter 34.05 RCW.

NEW SECTION.  Sec. 10   The director shall suspend the certificate of any person who has been certified by a lending agency and reported to the director for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person's certificate may not be reissued until the person provides the director a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for certification during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the director may impose.

NEW SECTION.  Sec. 11   Any fire protection firm that constructs, installs, or maintains a fire protection appliance or assembly in any occupancy, except an owner-occupied single-family dwelling, without first obtaining a fire protection firm'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 or his or her agent of occupancy unless it is proved that the prime contractor or owner or his or her agent had actual knowledge of an illegal construction, installation, or maintenance of a fire protection appliance or assembly by a fire protection firm.

NEW SECTION.  Sec. 12   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 director.

NEW SECTION.  Sec. 13   (1) A fire protection firm that performs service maintenance or installation of an appliance or assembly without obtaining a valid certificate of competency under section 5 of this act must be assessed a fine of not less than five hundred dollars and not more than one thousand dollars per infraction, to be determined by the director.
     (2) A certificate of competency holder who performs work as a valid certificate of competency holder while not employed by a licensed fire protection firm or while his or her certificate is inactive must be assessed a fine of not less than two hundred fifty dollars and not more than five hundred dollars.
     (3) All fines collected under this section must be deposited into the fire protection firm licensing account.

NEW SECTION.  Sec. 14   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION.  Sec. 15   Any fire protection firm or certificate of competency holder who willfully and maliciously constructs, installs, alters, services, or maintains a fire protection appliance or assembly so as to threaten the safety of any user of the structure, occupant, appliance, or assembly 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 or their agent unless it is proved that the prime contractor or owner or their agent had actual knowledge of an illegal construction, installation, alteration, service, or maintenance of a fire protection appliance or assembly by a fire protection firm or a certificate of competency holder.

NEW SECTION.  Sec. 16   Sections 1 through 15 of this act constitute a new chapter in Title 19 RCW.