HOUSE BILL REPORT

HB 2342

BYRepresentatives Vekich, Zellinsky, R. King, Cole, Schmidt, Leonard, Winsley, Prentice, Ferguson, Sayan and Jones

Licensing fire protection sprinkler system contractors.

House Committe on Commerce & Labor

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (11)

      Signed by Representatives Vekich, Chair; Cole, Vice Chair; Smith, Ranking Republican Member; Forner, Jones, R. King, Leonard, O'Brien, Prentice, Walker and Wolfe.

House Staff:Jim Kelley (786-7166)

Rereferred House Committee on Appropriations

Majority Report:  The substitute bill by Committee on Commerce & Labor be substituted therefor and the substitute bill do pass.  (16)

      Signed by Representatives Locke, Chair; Grant, Vice Chair; H. Sommers, Vice Chair; Appelwick, Belcher, Brekke, Dorn, Doty, Ebersole, Hine, Inslee, Padden, Rust, Spanel, Sprenkle and Wineberry.

Minority Report:  Do not pass.  (5)

      Signed by Representatives Silver, Ranking Republican Member; Youngsman, Assistant Ranking Republican Member; Bowman, McLean and Nealey.

House Staff:      Susan Nakagawa (786-7145)

AS REPORTED BY COMMITTEE ON APPROPRIATIONS FEBRUARY 2, 1990

BACKGROUND:

The automatic fire sprinkler industry has experienced substantial growth in the last 15 years.  Many local building codes require fire sprinkler systems in new residential structures as well as other buildings that are generally open to the public. However, there is no statewide licensing scheme covering fire protection sprinkler system contractors.

SUMMARY:

SUBSTITUTE BILL:  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 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.

To become a certificate of competency holder, an applicant must have three years' experience in the field and pass an examination or have already met a certain level of national certification in engineering technologies.  Provision is made for the issuance of temporary certificates of competency, for those who have less than three years' of experience.

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 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.

This act takes effect May 1, 1991.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The substitute bill adds the definition of "NFPA 13-R" to the bill and provides a limit of $300 on the license fees and a limit of $6,000 on the bond that must be posted by fire protection sprinkler system contractors engaged solely in the installation, inspection, maintenance, or servicing of NFPA 13-R sprinkler systems.  "NFPA 13-R" is the standard that is used by the national fire protection association for the installation of fire protection sprinkler systems in residential dwellings up to four stories in height.

The substitute bill clarifies that a city or county may not issue a fire sprinkler contractor license.  The substitute changes the minimum age for an applicant for a certificate of competency from 21 to the age of majority.  Insurance requirements are deleted, but surety bond requirements remain.  Other clerical changes are made.

The substitute bill adds a provision requiring the director to implement a program that will require certificate holders to place their numbers on fire sprinkler systems that they install.

CHANGES PROPOSED BY COMMITTEE ON APPROPRIATIONS: None.

Revenue:    The bill has a revenue impact.

Fiscal Note:      Available.

Effective Date:The bill takes effect May 1, 1991.

House Committee ‑ Testified For:    (Commerce & Labor) Gordon Walgren, Bob Fox, and Donald Ellefson, Washington Fire Sprinkler Association; Otto Jensen, State Fire Chief; and Bob Dilger, Building Trades Council.

(Neutral):  Dick Small, Director of Fire Protection - Department of Community Development.

(Appropriations) Dick Small, Director of Fire Protection - Department of Community Development; Gordon Walgren, Washington Fire Sprinkler Association; and Otto Jensen, Washington Fire Chief.

House Committee - Testified Against:      (Commerce & Labor)  Bruce Becker, Fire Marshal - Port Angeles; and Gregory Dean, Seattle Fire Department.

(Appropriations) No one.

House Committee - Testimony For:    (Commerce & Labor) Fire sprinkler system technology has grown at an incredible rate.  The state fire marshal raised the issue of competency in the industry about six years ago and this bill is the result of six years of collective effort.  We need to require minimum competency statewide.  We should not wait for any product failures.  This is an issue of public safety.  Over 30 states have already enacted similar legislation.

(Appropriations) This legislation is necessary due to the rapid anticipated growth in fire sprinkler system installation.  This is an issue of public safety.

House Committee - Testimony Against:      (Commerce & Labor) Local fire codes require licensure that might conflict with this bill.  Service and maintenance should also be covered.  The law should not allow operation for any amount of time while a contractor's license is expired.  The makeup of the advisory board should include more individuals from cities and city fire departments.  Requirements need not be as stringent for those licensees who work on residential systems only.

(Appropriations)  None.