SENATE BILL REPORT

HB 2341

BYRepresentatives R. Meyers, Schmidt, Zellinsky, Jones, Rector, Baugher, Hargrove, Basich, Jesernig, Winsley, Schoon and Kirby

Creating a felony for tampering with fire fighting equipment with the intent to commit a felony.

House Committe on Judiciary

Senate Committee on Law & Justice

Senate Hearing Date(s):February 22, 1990; February 23, 1990

Majority Report:  Do pass as amended.

      Signed by Senators Nelson, Chairman; Hayner, Madsen, Newhouse, Niemi, Patrick, Rasmussen, Rinehart, Talmadge, Thorsness.

Senate Staff:Vicki Schur (786-7415)

                  February 23, 1990

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 23, 1990

BACKGROUND:

It is a misdemeanor to willfully and without cause tamper with or break any public or private fire alarm or fire fighting equipment.  It is also a misdemeanor to willfully sound a false alarm of fire without having reasonable grounds to believe a fire exists.

SUMMARY:

It is a felony to willfully and without cause tamper with or break any public or private fire alarm equipment, wire or signal, or any fire fighting equipment with the intent to commit arson.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

SUMMARY OF PROPOSED SENATE AMENDMENTS:

Fire protection sprinkler system contractors are subject to licensing procedures.

The state Director of Fire Protection within the Department of Community Development is given the authority to administer this chapter.  The director shall set reasonable fees for the issuance of licenses and certificates, establish such testing procedures as may be required, and investigate complaints.  The director is also authorized to refuse or revoke licenses and certificates for reasons including fraud, dishonest practices, felony convictions, and gross incompetence or negligence.  Appeals are provided for in accordance with the state Administrative Procedure Act.

The director and the Fire Protection Sprinkler System Technical Advisory Committee shall establish requirements for the certificate of competency.  To become a licensed fire protection sprinkler system contractor a person or firm must:  1) be or employ a holder of a certificate of competency; 2) comply with surety bond requirements; and 3) apply for a license and pay the fee.  The director shall implement a program that will require certificate holders to place their numbers on fire sprinkler installations and thus, make it possible to identify who installed a specific fire protection sprinkler system.

The fire protection contractor license fund is created in the custody of the State Treasurer.  All receipts from license and certificate fees shall be deposited into the fund.  No appropriation is required for expenditures.

A technical advisory committee is established and is appointed by the Director of the Department of Community Development.  The committee shall advise the Director of Fire Protection in developing rules and regulations.  The committee is made up of three members from the fire sprinkler industry, one registered fire protection engineer, one member of the Washington Surveying and Rating Bureau, one member each, representing:  a city fire department, a county fire marshal, a residential sprinkler company, and the Washington State Association of Fire Chiefs.

A municipality or county may promulgate rules or ordinances which adopt stricter guidelines than the regulations established by the director and advisory committee.  Homeowners installing devices in their own residences are exempted from the act.

Senate Committee - Testified: Gordon Walgren, Washington Fire Sprinkler Systems Contractors