PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 08-19-107.
Title of Rule and Other Identifying Information: Chapter 212-80 WAC, Fire sprinkler system contractors.
Hearing Location(s): John L. O'Brien Building, Hearing Room A, 504 15th Avenue, Olympia, WA 98504, on December 10, 2008, at 9:00 a.m.
Date of Intended Adoption: December 11, 2008.
Submit Written Comments to: Mr. Chuck Duffy, Office of the State Fire Marshal, P.O. Box 42600, Olympia, WA 98504-2600, e-mail chuck.duffy@wsp.wa.gov, fax (360) 596-3934, by December 10, 2008.
Assistance for Persons with Disabilities: Contact Mr. Chuck Duffy by December 10, 2008, (360) 596-3934.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed changes modify the existing rules to include sprinkler fitters in the process for obtaining either a certificate of competency or a trainee certificate. In addition, the changes also include the sprinkler fitters into the procedures for investigation of alleged violations as well as the appeals process and the suspension of certifications. Finally, these changes specify the required fees for the certification process.
Statutory Authority for Adoption: RCW 18.270.900.
Statute Being Implemented: Chapter 18.270 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington state patrol, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Mr. Chuck Duffy, General Administration Building, 210 11th Avenue S.W., Olympia, WA 98504, (360) 596-3913.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Economic impact statement was included in the fiscal notes attached to chapter 18.270 RCW.
A cost-benefit analysis is not required under RCW 34.05.328.
November 3, 2008
John R. Batiste
Chief
OTS-2034.1
AMENDATORY SECTION(Amending WSR 05-05-006, filed 2/4/05,
effective 3/7/05)
WAC 212-80-001
Purpose.
The purpose of this regulation
is to adopt rules for the licensing of fire protection
sprinkler system contractors, the issuance of certificates of
competency, trainee certificates, and for the issuance of
civil fines and citations as defined in chapters 18.160 and
18.270 RCW.
[Statutory Authority: Chapters 43.43 and 18.160 RCW. 05-05-006, § 212-80-001, filed 2/4/05, effective 3/7/05. Statutory Authority: Chapters 43.63A and 18.160 RCW. 91-14-086 (Order 91-06), § 212-80-001, filed 7/1/91, effective 8/1/91.]
[Statutory Authority: Chapters 43.43 and 18.160 RCW. 05-05-006, § 212-80-005, filed 2/4/05, effective 3/7/05. Statutory Authority: Chapters 43.63A and 18.160 RCW. 91-14-086 (Order 91-06), § 212-80-005, filed 7/1/91, effective 8/1/91.]
"Certificate" means a certificate of competency granted by the director of fire protection under chapter 18.270 RCW, 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 subdivision.
"Citation" means written notification issued by the chief
of the Washington state patrol, through the director of fire
protection, pursuant to RCW 18.160.040 ((to issue)) or
18.270.020 of a civil penalty for a violation of any provision
of chapters 18.160 or 18.270 RCW. A citation may include, but
is not limited to, a description of the violation(s) and a
notice of civil penalty assessment.
"Contractor" means any person, corporation, or other entity, licensed under chapter 18.160 RCW, which performs any work covered by the provisions of this chapter.
"Director" means the director of fire protection.
"Director of fire protection" means the state fire marshal and/or his or her authorized representative.
"Dry pipe sprinkler system" means a system employing automatic sprinklers attached to a piping system containing air or nitrogen under pressure, the release of which (as from the opening of a sprinkler) allows the water pressure to open a valve known as a dry pipe valve. The water then flows into the piping system and out to the open sprinkler(s).
"Fire protection sprinkler fitting" means installing, altering, and repairing sprinkler, standpipe, hose, or other hazard systems for fire protection purposes that are an assembly of piping or conduit beginning at the connection to the primary water supply within a building, sprinkler tank heaters, air lines and all tanks and pumps attached thereto.
"Fire protection sprinkler system" means an assembly of underground and/or overhead piping beginning at the connection to the primary water supply, whether public or private, that conveys water with or without other agents to dispersal openings or devices to extinguish, control, or contain fire or other products of combustion. The fire protection sprinkler system (with the exception of residential combination systems) starts at the point where the last nonfire water use is taken from the supply mains. This is the point just down stream of the last tap for domestic or process water, the last water control valve that is required by a city or other authority, or the point where the water can be considered nonflowing.
"Fire pump" means a listed pump supplying water at the flow and pressure required by water based fire protection systems.
"FOR DESIGN ONLY" means a certificate of competency holder only allowed to perform the design of a fire protection sprinkler system consistent with the level of certification he or she holds. In the case of a "State Level U certification," "FOR DESIGN ONLY" merely allows the individual to maintain their certification.
"Formal hearing" means a hearing before a hearings officer where laws, rules, and evidence are presented, considered, and a decision is rendered.
"Hazard" means a condition which could result in injury or death to a person and/or damage to property.
"Hearings request" means the written request for a formal hearing to contest a civil penalty.
"Hose connection" means a combination of equipment provided for connection of a hose to the standpipe system that includes a hose valve with a threaded outlet.
"Inspection" means a visual examination of a fire protection sprinkler system, or portion of the system, to verify that the system appears to be in operating condition, is free from physical damage, and complies with the applicable statutes and regulations adopted by the state.
"Instance" means the number of times a person has been cited for a violation of chapters 18.160, 18.270 RCW, or this chapter. These will be identified as 1st, 2nd, and 3rd instances.
"Journey-level sprinkler fitter" means any person who has been issued a certificate by the director of fire protection as provided by chapter 18.270 RCW.
"Maintenance" means work performed on a fire suppression sprinkler system to keep the equipment operable, or to make repairs.
"Network fire protection sprinkler system" means a type of multipurpose system utilizing a common piping system supplying domestic plumbing fixtures and fire sprinklers as defined by NFPA 13D.
"NFPA" means the National Fire Protection Association.
"NFPA 13D" means, in addition to the definition contained in chapter 18.160 RCW, the inclusion of minor accessory uses such as garages normally found in residential occupancies.
"NFPA 13R" means ((whatever)) the standard ((that is))
used by the National Fire Protection Association for the
installation and design of fire suppression sprinkler systems
in residential occupancies up to and including four stories in
height.
"NFPA 13" means ((whatever))the standard ((that is)) used
by the National Fire Protection Association for the
installation and design of fire suppression sprinkler systems
in commercial or high occupancy facilities.
"NFPA 14" means the standard used by the National Fire Protection Association for the installation of standpipe and hose systems.
"NFPA 20" means ((whatever)) the standard ((that is))
used by the National Fire Protection Association for the
selection and installation of pumps, both centrifugal and
positive displacement, that supply liquid for a private fire
protection system.
"NFPA 24" means ((whatever)) the standard ((that is))
used by the National Fire Protection Association for the
installation of the dedicated underground fire service main of
a water based fire protection system.
"NFPA 25" means ((whatever)) the standard ((that is))
used by the National Fire Protection Association for the
inspection, testing, and maintenance of water based fire
protection systems.
"NICET" means the National Institute for Certification in Engineering Technologies.
"NITC" means the National Inspection Testing Certification.
"Person" means one or more individuals, legal representatives, partnerships, joint ventures, associations, corporations (whether or not organized for profit), business trusts, or any organized group of individuals and includes the state, state agencies, counties, municipal corporations, school districts, and other public corporations.
"Preaction system" means a sprinkler system employing automatic sprinklers attached to a piping system containing air, which may or may not be under pressure, with a supplemental detection system installed in the same areas as the sprinklers.
"Qualified" shall mean an individual who has demonstrated through education, training, examination, and/or national certifications the competency, skill, and ability necessary to perform any work covered and/or defined by this chapter and chapters 18.160 and 18.270 RCW to the satisfaction of a relevant jurisdiction. In matters of compliance with the licensing and certification requirements of this chapter and chapters 18.160 and 18.270 RCW, the relevant jurisdiction shall be the chief of the Washington state patrol, through the director of fire protection.
"Residential-level sprinkler fitter" means anyone who has been issued a certificate by the director of fire protection limited to installation, maintenance, and repair of the fire protection sprinkler system of residential occupancies as defined by NFPA 13, NFPA 13D and NFPA 13R.
"Revoke" means the chief of the Washington state patrol,
through the director of fire protection, shall rescind a
company's license or an individual's certification ((from
them)). Such action causes said company or individual to
cease any and all work in the sprinkler field in Washington
state until such time as the chief of the Washington state
patrol, through the director of fire protection, is satisfied
with the resolution of the issue which caused the license or
certificate to be revoked.
"Standpipe" means the vertical portion of the system piping that delivers the water supply for hose connections, and fire sprinklers on combined systems, vertically from floor to floor. The term standpipe also refers to the horizontal portion of the system piping that delivers the water supply for two or more hose connections, and fire sprinklers on combined systems, on a single level as defined by NFPA 14.
"Standpipe system" means an arrangement of piping, valves, hose connections, and allied equipment installed in a building or structure, with the hose connections located in such a manner that water can be discharged in streams or spray patterns through attached hose and nozzles, for the purpose of extinguishing a fire, thereby protecting a building or structure and its contents in addition to protecting the occupants as defined by NFPA 14.
"State certified fire sprinkler system inspection and testing technician" (ITT) means a state certificate of competency holder who is qualified to inspect and/or test NFPA 13D, 13R, or 13, wet and dry pipe fire protection systems per the definition of fire protection sprinkler system in this chapter. However, testing of other fire protection systems such as preaction, deluge, foam, or fire pump and maintenance of any type of system defined under this chapter or chapter 18.160 RCW shall be performed only by contractors who are also qualified and licensed to design and install that type of system or fire pump being tested or maintained.
"State fire marshal" means the director of fire protection or his/her authorized representative.
"State Level ((I)) 1 certification" means a certificate
of competency holder who is qualified to prepare layout
drawings, install, inspect, test, maintain, or service an NFPA
13D fire protection sprinkler system or any part of such a
system.
"State Level ((I)) 1 licensing" means a sprinkler
contracting company licensed by the chief of the Washington
state patrol, through the director of fire protection, to
contract and/or offer to bid on the design, installation,
service, maintenance, and/or inspection of a NFPA 13D fire
protection sprinkler system or any part of such a system.
"State Level ((II)) 2 certification" means a certificate
of competency holder who is qualified to prepare layout
drawings, install, inspect, test, maintain, or service an NFPA
13D and/or an NFPA 13R fire protection sprinkler system or any
part of such a system.
"State Level ((II)) 2 licensing" means a sprinkler
contracting company licensed by the chief of the Washington
state patrol, through the director of fire protection, to
contract and/or offer to bid on the design, installation,
service, maintenance, and/or inspection of a NFPA 13D and/or a
NFPA 13R fire protection sprinkler system or any part of such
a system.
"State Level ((III)) 3 certification" means a certificate
of competency holder who is qualified to prepare layout
drawings, install, inspect, maintain, or service an NFPA 13D,
NFPA 13R, NFPA 13, or all other systems per the definition of
fire protection sprinkler system in chapter 18.160 RCW.
"State Level ((III)) 3 licensing" means a sprinkler
contracting company licensed by the chief of the Washington
state patrol, through the director of fire protection, to
contract and/or offer to bid on the design, installation,
service, maintenance, and/or inspection of a NFPA 13D, NFPA
13R, NFPA 13, or all other systems per the definition of a
fire protection sprinkler system in chapter 18.160 RCW.
(("State certified fire sprinkler system inspection and
testing technician" ("ITT") means a state certificateholder
who is qualified to inspect and/or test NFPA 13D, 13R, or 13,
wet and dry pipe fire protection systems per the definition of
fire protection sprinkler system in this chapter. However,
testing of other fire protection systems such as preaction,
deluge, foam, or fire pump and maintenance of any type of
system defined under this chapter or chapter 18.160 RCW shall
be performed only by contractors who are also qualified and
licensed to design and install that type of system or fire
pump.))
"State level inspection and testing contractor licensing"
means a sprinkler contracting company licensed by the chief of
the Washington state patrol, through the director of fire
protection, to contract and/or offer to bid on the inspection
or testing of a wet or dry pipe NFPA 13(( - ))D, NFPA 13(( - ))R, NFPA 13, or other systems per the definition of a fire
protection sprinkler system in chapter 18.160 RCW. However,
the testing and maintenance of fire protection systems such as
preaction, deluge, foam, or fire pumps, shall be performed
only by contractors who are also qualified and licensed to
design and install that type of system or fire pump being
tested or maintained.
"State Level U certification" means a certificate of competency holder who is qualified to certify the installation of the underground portions of fire protection sprinkler systems in conformance with recognized standards adopted by the director of fire protection.
"State Level U licensing" means a sprinkler contracting company licensed by the chief of the Washington state patrol, through the director of fire protection, to contract and/or offer to bid on the installation of the underground portions of fire protection sprinkler systems in conformance with the recognized standards adopted by the chief of the Washington state patrol, through the director of fire protection.
"Suspend" means the chief of the Washington state patrol, through the director of fire protection, holds a license or certificate inactive until such time as the chief of the Washington state patrol, through the director of fire protection, feels confident that the company or individual is in compliance with the requirements of this chapter and chapters 18.160 and 18.270 RCW.
"Testing" means a procedure used to determine the status
of a system as intended by conducting periodic physical checks
on water-based fire protection systems such as ((waterflow))
water flow tests, fire pump tests, alarm tests, and trip tests
of dry pipe, deluge, or preaction valves. These tests follow
up on the original acceptance test at intervals specified in
the appropriate chapter of NFPA 25.
"Trainee" means a person who has been issued a training certificate by the chief of the Washington state patrol, through the director of fire protection, who is learning the fire protection sprinkler fitting trade under the supervision of a journey-level sprinkler fitter or residential sprinkler fitter working in his or her specialty.
"Type" means the classification of violation as minimal, moderate, and severe. These are identified as Types I, II, and III respectively.
"Violation" means any action, general or specific,
inconsistent with the intent and letter of chapters 18.160 and
18.270 RCW and ((this chapter and)) shall be further defined
as:
(a) "Minimal violation" means a Type I violation which poses a minor hazard or threat to life and property in the event of a fire.
(b) "Moderate violation" means a Type II violation which poses a significant hazard or threat to life or property in the event of a fire.
(c) "Severe violation" means a Type III violation which poses a substantial hazard or threat to life or property in the event of a fire.
"Wet pipe sprinkler system" means a sprinkler system employing automatic sprinklers attached to a piping system containing water and connected to a water supply so that water discharges immediately when any sprinkler is opened by heat from a fire.
[Statutory Authority: Chapters 43.43 and 18.160 RCW. 05-17-099, § 212-80-010, filed 8/16/05, effective 9/16/05; 05-05-006, § 212-80-010, filed 2/4/05, effective 3/7/05. Statutory Authority: Chapters 43.63A and 18.160 RCW. 92-20-070 (Order 92-08), § 212-80-010, filed 10/5/92, effective 11/5/92; 91-14-086 (Order 91-06), § 212-80-010, filed 7/1/91, effective 8/1/91.]
EXCEPTIONS:
(1) Federal, state, and local government employees, or insurance inspectors when acting in their official capacities.
(2) A person or organization acting under court order.
(3) A person or organization that sells or supplies products or materials to a licensed fire protection sprinkler system contractor.
(4) A registered professional engineer acting solely in a professional capacity.
(5) ((A properly qualified and/or trained employee of a
licensed fire protection sprinkler system contractor
performing duties for the contractor. Said qualifications
and/or training to be consistent with the level of work
performed by the licensed fire protection sprinkler system
contractor.)) A person issued a certificate of competency by
the Washington state department of labor and industries, under
chapter 18.106 RCW, as a journeyman plumber installing a
residential network fire protection sprinkler system connected
to potable water who works for a contractor as defined herein.
(6) An owner/occupier of a single-family residence performing his or her own installation in that residence. It is the intent of this subsection that builders or contractors will not install their own sprinkler systems in single-family residences under their ownership which they plan to sell, lease, or rent.
(7) ((An)) A full-time employee, or owner of a facility
((or owner)) who is qualified to the satisfaction of the local
authority having jurisdiction to perform inspection and
testing of fire protection sprinkler systems in said facility.
(8) An employee of a licensed electrical contractor installing or testing only the electronic signaling devices of a fire sprinkler system.
(9) A person, licensed by the Washington state department of health, under chapter 246-292 WAC, as a certified backflow assembly tester, performing testing and maintenance of backflow assemblies.
(10) A person licensed by the Washington state department of health, under chapter 246-292 WAC, as a certified backflow assembly tester, and also licensed by the Washington state department of labor and industries, under chapter 18.106 RCW, as a backflow specialty plumber performing repairs of backflow assemblies in accordance with chapter 246-290 WAC.
[Statutory Authority: Chapters 43.43 and 18.160 RCW. 05-17-099, § 212-80-015, filed 8/16/05, effective 9/16/05; 05-05-006, § 212-80-015, filed 2/4/05, effective 3/7/05. Statutory Authority: Chapters 43.63A and 18.160 RCW. 94-24-032, § 212-80-015, filed 12/1/94, effective 1/1/95; 92-20-070 (Order 92-08), § 212-80-015, filed 10/5/92, effective 11/5/92; 91-14-086 (Order 91-06), § 212-80-015, filed 7/1/91, effective 8/1/91.]
| EXCEPTIONS: | A company or individual licensed as an inspection and testing contractor, whose staff performing the work of inspection and/or testing of a fire protection sprinkler system have all been certified by the chief of the Washington state patrol, through the director of fire protection, as described in this chapter, can bid, offer to bid, contract, or perform only the testing and inspection of a fire protection sprinkler system - excluding preaction, deluge, or foam systems or systems with fire pumps. |
[Statutory Authority: Chapters 43.43 and 18.160 RCW. 05-17-099, § 212-80-018, filed 8/16/05, effective 9/16/05; 05-05-006, § 212-80-018, filed 2/4/05, effective 3/7/05.]
[Statutory Authority: Chapters 43.43 and 18.160 RCW. 05-17-099, § 212-80-020, filed 8/16/05, effective 9/16/05. Chapters 43.63A and 18.160 RCW. 91-14-086 (Order 91-06), § 212-80-020, filed 7/1/91, effective 8/1/91.]
(2) In certain types of occupancies the authority having jurisdiction may be the chief of the Washington state patrol, through the director of fire protection, and the building and/or fire official of the city or county in which the installation is located. Generally these dual responsibilities occur in health care facilities, transient accommodations, and day care facilities.
(3) It is the responsibility of the certificate of competency holder to ascertain which agency or agencies have jurisdiction. If there is a question, the certificate of competency holder should contact the chief of the Washington state patrol, through the director of fire protection.
[Statutory Authority: Chapters 43.43 and 18.160 RCW. 05-05-006, amended and recodified as § 212-80-023, filed 2/4/05, effective 3/7/05. Statutory Authority: Chapters 43.63A and 18.160 RCW. 91-14-086 (Order 91-06), § 212-80-025, filed 7/1/91, effective 8/1/91.]
[Statutory Authority: Chapters 43.43 and 18.160 RCW. 05-17-099, § 212-80-028, filed 8/16/05, effective 9/16/05; 05-05-006, amended and recodified as § 212-80-028, filed 2/4/05, effective 3/7/05. Statutory Authority: Chapters 43.63A and 18.160 RCW. 91-14-086 (Order 91-06), § 212-80-095, filed 7/1/91, effective 8/1/91.]
((Exception:)) EXCEPTIONS:
(1) A company or individual licensed as an inspection and testing contractor, whose staff performing the work of inspection and testing of a fire protection sprinkler system have all been certified by the chief of the Washington state patrol, through the director of fire protection, as described in this chapter, can bid, offer to bid, contract, or perform only the testing and inspection of a fire protection sprinkler system - excluding preaction, deluge, or foam systems or systems with fire pumps.
(2) Only licensed contractors who have achieved at least
State Level U licensure shall execute contracts for the
installation, inspection, or maintenance ((and/or servicing))
of the underground portions of fire protection sprinkler
systems in the state of Washington.
(3) Only licensed fire protection sprinkler contractors
who have achieved at least State Level ((I)) 1 licensure shall
execute contracts for the installation, inspection, testing,
or maintenance ((and/or servicing)) of NFPA 13D fire
protection sprinkler systems or any part of such a system in
the state of Washington.
(4) Only licensed fire protection sprinkler contractors
who have achieved at least State Level ((II)) 2 licensure
shall execute contracts for the installation, inspection,
testing, or maintenance ((and/or servicing)) of NFPA 13D or
NFPA 13R fire protection sprinkler systems or any part of such
a system in the state of Washington.
(5) Only licensed fire protection sprinkler contractors
who have achieved at least State Level ((III)) 3 licensure
shall execute contracts for the installation, inspection,
testing, maintenance and/or servicing of NFPA 13D, NFPA 13R,
NFPA 13, and all other systems per the definition of fire
protection sprinkler system in chapter 18.160 RCW or any part
of such a system in the state of Washington.
(6) Only those certificate of competency holders who have achieved State Level U certification shall supervise and/or certify the installation of underground supplies to fire protection sprinkler systems. To achieve State Level U certification, persons shall satisfactorily complete an examination administered by the chief of the Washington state patrol, through the director of fire protection.
(7) Only those certificate of competency holders who have
achieved at least State Level ((I)) 1 certification shall
supervise and/or certify the preparation of layout drawings,
installation, inspection, testing, maintenance, ((servicing,))
or the installation of NFPA 13D fire protection sprinkler
systems or any part thereof. To achieve State Level ((I)) 1
certification, persons shall hold a current NICET Level 2
classification or satisfactorily complete an examination
administered by the chief of the Washington state patrol,
through the director of fire protection.
(8) Only those certificate of competency holders who have
achieved at least State Level ((II)) 2 certification shall
supervise and/or certify the preparation of layout drawings,
installation, inspection, testing, maintenance, ((servicing,))
or the installation of NFPA 13D and NFPA 13R fire protection
sprinkler systems or any part thereof. To achieve State Level
((II)) 2 certification, persons shall hold a current NICET
Level 2 classification.
(9) Only those certificate of competency holders who have
achieved at least State Level ((III)) 3 certification shall
supervise and/or certify the preparation of layout drawings,
installation, inspection, testing, maintenance, ((servicing,))
or the installation of NFPA 13D, NFPA 13R, NFPA 13, and all
other systems per the definition of fire protection sprinkler
system in chapter 18.160 RCW or any part thereof. To achieve
State Level ((III)) 3 certification, persons shall hold a
current NICET Level 3 or 4.
[Statutory Authority: Chapters 43.43 and 18.160 RCW. 05-17-099, § 212-80-043, filed 8/16/05, effective 9/16/05; 05-05-006, amended and recodified as § 212-80-043, filed 2/4/05, effective 3/7/05. Statutory Authority: Chapters 43.63A and 18.160 RCW. 94-24-032, § 212-80-030, filed 12/1/94, effective 1/1/95; 92-20-070 (Order 92-08), § 212-80-030, filed 10/5/92, effective 11/5/92; 91-14-086 (Order 91-06), § 212-80-030, filed 7/1/91, effective 8/1/91.]
EXCEPTIONS:
Should a currently licensed fire protection sprinkler contractor merge or form another company, that license can be reissued to the newly formed/incorporated company provided:
(1) The principal officers of the licensed company remain the same;
(2) Continues, takes over, or otherwise reestablishes the bond required by chapter 18.160 RCW for licensing;
(3) Continues to perform fire protection sprinkler contractor work as defined by chapter 18.160 RCW;
(4) Employs ((a)) certificate of competency holders of
the appropriate levels; and
(5) Meets the criteria necessary for licensing as a fire protection sprinkler contracting company as defined by chapter 18.160 RCW.
[Statutory Authority: Chapters 43.43 and 18.160 RCW. 05-05-006, amended and recodified as § 212-80-058, filed 2/4/05, effective 3/7/05. Statutory Authority: Chapters 43.63A and 18.160 RCW. 91-14-086 (Order 91-06), § 212-80-105, filed 7/1/91, effective 8/1/91.]
(2) If a design certificate of competency holder should leave the employment of the fire protection sprinkler system contractor, and the contractor has no other design certificate of competency holder on staff, the contractor shall have six months or until the expiration of the current license, whichever occurs last, to submit a new application. In order to be issued a new license, the contractor shall identify a new design certificate of competency holder who, at the time of application, shall be either an owner or full-time employee of that fire protection sprinkler business.
(3) If such application is not received by the chief of the Washington state patrol, through the director of fire protection and a new license issued within the allotted time, the chief of the Washington state patrol, through the director of fire protection, shall revoke the license of the fire protection sprinkler system contractor.
(4) The fire protection sprinkler system contractor may only complete the active phase of existing work in progress which has been approved by the authority having jurisdiction, and may not receive new approvals from the authority having jurisdiction without a design certificate holder's number on the documents. Installation can continue on approved design plans, however, the contractor's material and test certificate for the system must be stamped by a certificate of competency holder in the full-time employ of the installing contractor.
[Statutory Authority: Chapters 43.43 and 18.160 RCW. 05-05-006, amended and recodified as § 212-80-063, filed 2/4/05, effective 3/7/05. Statutory Authority: Chapters 43.63A and 18.160 RCW. 94-24-032, § 212-80-110, filed 12/1/94, effective 1/1/95; 91-14-086 (Order 91-06), § 212-80-110, filed 7/1/91, effective 8/1/91.]
(2) Application for renewal shall be upon a form prescribed by the chief of the Washington state patrol, through the director of fire protection, and the license holder shall furnish the information required by the chief of the Washington state patrol, through the director of fire protection.
(3) Failure of any license holder to secure his or her renewal license within sixty days after the expiration date shall constitute sufficient cause for the chief of the Washington state patrol, through the director of fire protection, to suspend the license.
(4) The chief of the Washington state patrol, through the director of fire protection, may restore a license that has been suspended. In addition to other provisions of this regulation, any of the following will constitute cause for the chief of the Washington state patrol, through the director of fire protection, not to restore a license that has been suspended:
(a) Nonreceipt of payment of all delinquent fees;
(b) Nonreceipt of a late charge and/or application fee;
(c) Failure to comply with the bonding requirements of chapter 18.160 RCW; and
(d) Failure to obtain or show evidence of having a full time employee certified as a design certificate of competency holder of the appropriate level as defined by chapter 18.160 RCW.
[Statutory Authority: Chapters 43.43 and 18.160 RCW. 05-05-006, amended and recodified as § 212-80-068, filed 2/4/05, effective 3/7/05. Statutory Authority: Chapters 43.63A and 18.160 RCW. 94-24-032, § 212-80-115, filed 12/1/94, effective 1/1/95; 92-20-070 (Order 92-08), § 212-80-115, filed 10/5/92, effective 11/5/92; 91-14-086 (Order 91-06), § 212-80-115, filed 7/1/91, effective 8/1/91.]
| EXCEPTIONS: | Any contracting company who attempts to license as a fire sprinkler contracting company after performing work covered by this chapter and chapter 18.160 RCW shall be required to pay the full annual licensing fees, in addition to any penalties assessed by the chief of the Washington state patrol, through the director of fire protection, for unlicensed operation(s). |
[Statutory Authority: Chapters 43.43 and 18.160 RCW. 05-05-006, amended and recodified as § 212-80-073, filed 2/4/05, effective 3/7/05. Statutory Authority: Chapters 43.63A and 18.160 RCW. 91-14-086 (Order 91-06), § 212-80-120, filed 7/1/91, effective 8/1/91.]
(a) The fire protection sprinkler system contractor, to
be licensed as a Level ((III)) 3 or Level "U" fire protection
sprinkler system contractor, files with the chief of the
Washington state patrol, through the director of fire
protection, a surety bond executed by a surety company
authorized to do business in the state of Washington, in the
sum of ten thousand dollars, conditioned to compensate
third-party losses caused by the acts of the principal or the
principal's servant, officer, agent, or employee in conducting
the business registered or licensed under this regulation; or
(b) The fire protection sprinkler system contractor, to
be licensed for Level ((I)) 1 and/or Level ((II)) 2 systems or
a contractor to be licensed as an inspection and testing
contractor, files with the chief of the Washington state
patrol, through the director of fire protection, a surety bond
executed by a surety company authorized to do business in the
state of Washington, in the sum of six thousand dollars,
conditioned to compensate third-party losses caused by the
acts of the principal or the principal's servant, officer,
agent, or employee in conducting the business registered or
licensed under this regulation.
(2) Upon approval by the chief of the Washington state patrol, through the director of fire protection, property or cash may substitute for a surety bond provided the value matches the appropriate level of bonding required for the level of work to be performed. The value of property shall be determined by an appraiser selected by the chief of the Washington state patrol, through the director of fire protection. All appraisal fees shall be paid by the fire protection sprinkler system contractor.
[Statutory Authority: Chapters 43.43 and 18.160 RCW. 05-17-099, § 212-80-078, filed 8/16/05, effective 9/16/05; 05-05-006, amended and recodified as § 212-80-078, filed 2/4/05, effective 3/7/05. Statutory Authority: Chapters 43.63A and 18.160 RCW. 92-20-070 (Order 92-08), § 212-80-125, filed 10/5/92, effective 11/5/92.]
(2) At least one set of approved plans and calculations, containing information as specified in subsection (3) of this section, shall be maintained on the job site while the work is being performed.
(3) Stamps shall be issued by the chief of the Washington state patrol, through the director of fire protection, and shall contain the name and certification number of the design certificate of competency holder, name and license number of the holder's employer, the expiration date of the current certificate, a place for the signature of the design certificate of competency holder and the date of the signature. On all plans the stamp shall be easily recognizable and visible.
(4) An original stamp and signature shall appear on each page of plans, on the cover sheet of hydraulic calculations and on all test certificates for fire protection sprinkler systems submitted to the authority having jurisdiction.
(5) Plans and calculations for "underground only" portions of fire protection sprinkler systems submitted to the authority having jurisdiction by a State Level U licensed fire protection sprinkler contractor shall be stamped by either a licensed professional engineer registered in the state of Washington or the appropriate level certificate of competency holder and the State Level U certificate of competency holder employed by the submitting contractor.
[Statutory Authority: Chapters 43.43 and 18.160 RCW. 05-17-099, § 212-80-083, filed 8/16/05, effective 9/16/05; 05-05-006, amended and recodified as § 212-80-083, filed 2/4/05, effective 3/7/05. Statutory Authority: Chapters 43.63A and 18.160 RCW. 94-24-032, § 212-80-035, filed 12/1/94, effective 1/1/95; 92-20-070 (Order 92-08), § 212-80-035, filed 10/5/92, effective 11/5/92; 91-14-086 (Order 91-06), § 212-80-035, filed 7/1/91, effective 8/1/91.]
(2) Contractor's material and test certificate forms shall be of such form as accepted or approved by the chief of the Washington state patrol, through the director of fire protection.
(3) The authority having jurisdiction shall require an approved flow test of heads as part of the approval of NFPA 13R and NFPA 13D fire protection sprinkler systems.
(4) The authority having jurisdiction and the building owner shall retain copies of the contractor's materials and test certificate for a minimum of five years.
[Statutory Authority: Chapters 43.43 and 18.160 RCW. 05-05-006, amended and recodified as § 212-80-088, filed 2/4/05, effective 3/7/05. Statutory Authority: Chapters 43.63A and 18.160 RCW. 94-24-032, § 212-80-040, filed 12/1/94, effective 1/1/95; 91-14-086 (Order 91-06), § 212-80-040, filed 7/1/91, effective 8/1/91.]
(1) For State Level 1 design certification, have satisfactorily passed with a final score of eighty percent or better an examination administered by the chief of the Washington state patrol, through the director of fire protection, or show evidence of passing the National Institute for Certification in Engineering Technologies element requirements for Level 2 certification in fire protection system layout design.
(2) For State Level U certification, have satisfactorily passed with a final score of eighty percent or better an examination administered by the chief of the Washington state patrol, through the director of fire protection.
(3) Be a registered professional engineer acting solely
in a professional capacity. Such engineer shall comply with
all other requirements of this regulation including payment of
fees, completion of the application process, and supplying the
director of fire protection with proof that the applicant
holds a current, valid state of Washington registration as a
professional engineer. Upon completion of the above
requirements, the engineer will be granted an equivalency
certificate to that of State Level ((III)) 3 design
certification; or
(4) Present a copy of a current certificate from the National Institute for Certification in Engineering Technologies showing that the applicant has achieved the classification. State Level 2 certification requires a minimum certification from the National Institute for Certification in Engineering Technologies of Level 2 in the field of fire protection automatic sprinkler system layout or better. State Level 3 certification requires either Engineering Technician, Level 3 or Senior Engineering Technician, Level 4 in the field of fire protection automatic sprinkler system layout.
(5) The chief of the Washington state patrol, through the director of fire protection, may accept equivalent proof of qualification in lieu of the examination requirements.
(6) Proof of competency to the satisfaction of the chief of the Washington state patrol, through the director of fire protection, is mandatory.
(7) Every applicant for a certificate of competency shall fulfill the requirements established by the chief of the Washington state patrol, through the director of fire protection, under chapters 18.160 and 18.270 RCW.
[Statutory Authority: Chapters 43.43 and 18.160 RCW. 05-17-099, § 212-80-093, filed 8/16/05, effective 9/16/05; 05-05-006, amended and recodified as § 212-80-093, filed 2/4/05, effective 3/7/05. Statutory Authority: Chapters 43.63A and 18.160 RCW. 94-24-032, § 212-80-045, filed 12/1/94, effective 1/1/95; 91-14-086 (Order 91-06), § 212-80-045, filed 7/1/91, effective 8/1/91.]
(2) For residential sprinkler fitter certification, the applicant must provide evidence to the chief of the Washington state patrol, through the director of fire protection, on a form provided by the director, of at least four thousand hours of trade related fire protection sprinkler fitting experience, or residential sprinkler fitting, pay an examination fee and satisfactorily pass an examination provided by the director.
(3) For a training certificate the applicant shall provide evidence to the chief of the Washington state patrol, through the director of fire protection, on forms provided by the director, of trade related employment by a fire protection sprinkler contractor.
EXCEPTIONS:
(a) Provided the application for a journey level sprinkler fitter certificate of competency is made prior to ninety days after the adoption of this chapter, the director, in lieu of the examination requirements of the applicant for a certificate of competency, may accept as satisfactory evidence of competency and qualification an affidavit attesting that the applicant has completed at least eight thousand hours employment as a journey-level sprinkler fitter.
(b) Provided the application for a residential level sprinkler fitter certificate of competency is made prior to ninety days after the adoption of this chapter, the director, in lieu of the examination requirements of the applicant for a certificate of competency, may accept as satisfactory evidence of competency and qualification an affidavit attesting that the applicant has completed at least four thousand hours employment as a residential-level sprinkler fitter.
(4) Proof of competency to the satisfaction of the chief of the Washington state patrol, through the director of fire protection, is mandatory.
(5) Every applicant for a certificate of competency shall fulfill the requirements established by the chief of the Washington state patrol, through the director of fire protection, under chapters 18.160 and 18.270 RCW.
[]
(2) The chief of the Washington state patrol, through the director of fire protection, shall deny renewal of a certificate if the certificate is in revoked or suspended status.
(3) There are two separate fees, including the application fee and the certification fee. The application fee is only charged once when an individual makes the initial application for any of the certificates specified in this section.
(4) Prorated fees shall only be allowed for the initial certificate. Renewals or reinstatements shall not be prorated. The prorated amount shall be calculated using the number of months remaining in the certification cycle.
(5) Renewal timelines:
(a) Levels 1, 2 and 3 design, Level U installer, and Level ITT certificates shall be renewed annually.
(b) Journey-level fire sprinkler fitter, residential fire sprinkler fitter, or temporary fire sprinkler fitter certificates shall be renewed biannually.
(6) Certificate of competency fees for journey-level fire sprinkler fitter, residential fire sprinkler fitter, or temporary fire sprinkler fitter certificates shall be:
(a) Initial application (one time fee) $100.00;
(b) Certification and renewal of certification $100.00;
(c) Reinstatement of certificate (no proration permitted) $100.00.
(7) Certificate fees are nonrefundable once the certificate has been issued.
[Statutory Authority: Chapters 43.43 and 18.160 RCW. 05-05-006, amended and recodified as § 212-80-098, filed 2/4/05, effective 3/7/05. Statutory Authority: Chapters 43.63A and 18.160 RCW. 91-14-086 (Order 91-06), § 212-80-050, filed 7/1/91, effective 8/1/91.]
(2) The temporary design certificate of competency shall remain in effect for a period of one year. If the temporary certificate of competency holder provides evidence to the chief of the Washington state patrol, through the director of fire protection, of testing with NICET in the previous year, the temporary certificate of competency may be renewed two times.
(3) In no case shall a person hold a temporary design certificate of competency for more than three years, either cumulative or consecutive.
(4) To convert from a temporary design certificate of competency to a regular design certificate of competency, a person shall:
(a) Within three years from the initial issuance of the temporary design certificate of competency, apply for a regular design certificate of competency; and
(b) Complete the requirements specified in this regulation and chapter 18.160 RCW.
(5) An individual having a temporary design certificate of competency shall not be exempt from taking an examination to acquire a regular design certificate of competency.
(6) Prior to the expiration of the temporary design certificate of competency at the end of the three-year period, the temporary design certificate of competency holder shall make application for a regular design certificate of competency. Upon expiration of the temporary certificate of competency at the end of the three-year period, if the holder has not met the requirements of subsection (4) of this section, the holder shall cease all activities associated with the holding of a design certificate of competency.
[Statutory Authority: Chapters 43.43 and 18.160 RCW. 05-05-006, amended and recodified as § 212-80-103, filed 2/4/05, effective 3/7/05. Statutory Authority: Chapters 43.63A and 18.160 RCW. 92-20-070 (Order 92-08), § 212-80-055, filed 10/5/92, effective 11/5/92; 91-14-086 (Order 91-06), § 212-80-055, filed 7/1/91, effective 8/1/91.]
(2) If the certificate of competency holder should leave the employment of the fire protection sprinkler system contractor, he or she shall notify the chief of the Washington state patrol, through the director of fire protection, within thirty days of his or her last day of employment.
(3) Should any individual who meets the criteria to be a design certificate of competency holder as defined by this chapter and chapter 18.160 RCW wish to be certified to perform design work only, he or she may request to work as a "FOR DESIGN ONLY" certificate of competency holder. This certification can also be utilized to maintain state certification, as in the case of the State Level U certification.
[Statutory Authority: Chapters 43.43 and 18.160 RCW. 05-17-099, § 212-80-113, filed 8/16/05, effective 9/16/05; 05-05-006, amended and recodified as § 212-80-113, filed 2/4/05, effective 3/7/05. Statutory Authority: Chapters 43.63A and 18.160 RCW. 91-14-086 (Order 91-06), § 212-80-070, filed 7/1/91, effective 8/1/91.]
(2) Journeyman fitter and residential fitter certificate of competency holders, and trainees who desire to maintain a current certificate shall, prior to January 1 of every other year, apply for renewal to the chief of the Washington state patrol, through the director of fire protection, on the appropriate form along with the required fee as prescribed by the chief of the Washington state patrol, through the director of fire protection. Applications for renewal shall not be made more than ninety days prior to the expiration date of the certificate.
(a) Trainees applying for a journeyman fitter certificate of competency shall provide an affidavit showing a minimum of eight thousand hours in fire protection sprinkler fitting experience on a form prescribed by the director of fire protection.
(b) Trainees applying for a residential fire sprinkler fitter certificate of competency shall provide an affidavit showing four thousand hours in fire protection sprinkler fitting experience in residential fitting on a form prescribed by the director of fire protection.
(3) Application for renewal forms shall be provided by the chief of the Washington state patrol, through the director of fire protection, upon request, and the certificate holder or trainee shall furnish the information required by the chief of the Washington state patrol, through the director of fire protection.
(((3))) (4) The chief of the Washington state patrol,
through the director of fire protection, may suspend the Level
1, 2, 3, or I.T. certificate of competency for failure to
apply for a renewal certificate of competency within sixty
days after the expiration date.
(((4))) (5) The chief of the Washington state patrol,
through the director of fire protection, may((,)) upon the
receipt of payment of all delinquent fees and a late charge,
restore a Level 1, 2, 3, U, or I.T. certificate of competency
that had been suspended.
(6) Journeyman sprinkler fitter and residential sprinkler fitter certificate of competency holders, and trainees who desire to maintain a current certificate shall, prior to January 1 of every other year, apply for renewal to the chief of the Washington state patrol, through the director of fire protection, on the appropriate form along with the required fee as prescribed by the chief of the Washington state patrol, through the director of fire protection.
(7) Failure of a trainee, journeyman sprinkler fitter, or residential sprinkler fitter certificate of competency holder, to renew their certificate before its expiration date of December 31 of every other year, shall result in the applicant having to:
(a) File application with the chief of the Washington state patrol, through the director of fire protection, on a form provided by the director.
(b) Pay an examination fee to the chief of the Washington state patrol, through the director of fire protection.
(c) Successfully pass the written examination required by this chapter.
[Statutory Authority: Chapters 43.43 and 18.160 RCW. 05-05-006, amended and recodified as § 212-80-118, filed 2/4/05, effective 3/7/05. Statutory Authority: Chapters 43.63A and 18.160 RCW. 91-14-086 (Order 91-06), § 212-80-075, filed 7/1/91, effective 8/1/91.]
(2) The relinquishment is effective when the certificate is received by the chief of the Washington state patrol, through the director of fire protection.
(3) After relinquishing the certificate of competency, he or she shall not be known as a certificate of competency holder or trainee and shall desist from the practice thereof.
(4) Within two years from the time of relinquishment of the certificate of competency, he or she may again qualify for a certificate of competency, with the approval of the chief of the Washington state patrol, through the director of fire protection, by the payment of the required fee.
(5) If two or more years have elapsed, he or she shall return to the status of a new applicant.
[Statutory Authority: Chapters 43.43 and 18.160 RCW. 05-05-006, amended and recodified as § 212-80-123, filed 2/4/05, effective 3/7/05. Statutory Authority: Chapters 43.63A and 18.160 RCW. 91-14-086 (Order 91-06), § 212-80-080, filed 7/1/91, effective 8/1/91.]
| EXCEPTIONS: | Any individual who attempts to certify with the
chief of the Washington state patrol, through
the director of fire protection, after
performing work covered by (( |
[Statutory Authority: Chapters 43.43 and 18.160 RCW. 05-05-006, amended and recodified as § 212-80-128, filed 2/4/05, effective 3/7/05. Statutory Authority: Chapters 43.63A and 18.160 RCW. 91-14-086 (Order 91-06), § 212-80-085, filed 7/1/91, effective 8/1/91.]
EXCEPTIONS:
Should a currently licensed inspection and testing contractor merge or form another company, that license can be reissued to the newly formed/incorporated company provided:
(1) The principal officers of the licensed company remain the same;
(2) Continues, takes over, or otherwise reestablishes the bond required by chapter 18.160 RCW for licensing;
(3) Continues to perform inspection and testing contractor work as defined by chapter 212-80 WAC;
(4) Employs at least one full-time inspection and testing technician; and
(5) Meets the criteria necessary for licensing as an inspection and testing contracting company as defined by chapter 212-80 WAC.
[Statutory Authority: Chapters 43.43 and 18.160 RCW. 05-17-099, § 212-80-140, filed 8/16/05, effective 9/16/05.]
| EXCEPTIONS: | Any sprinkler system inspection and testing contracting company who is required to be licensed as a sprinkler system inspection and testing contractor with the chief of the Washington state patrol, through the director of fire protection, after performing work covered by this chapter and chapter 18.160 RCW shall be required to pay the full annual licensing fee, in addition to any penalties assessed by the chief of the Washington state patrol, through the director of fire protection, for unlicensed operation(s). |
[Statutory Authority: Chapters 43.43 and 18.160 RCW. 05-17-099, § 212-80-155, filed 8/16/05, effective 9/16/05.]
| EXCEPTIONS: | Any individual who attempts to certify with the chief of the Washington state patrol, through the director of fire protection, as an inspection and testing technician after performing work covered by this chapter and chapter 18.160 RCW shall be required to pay the full annual certification fees, in addition to any penalties assessed by the chief of the Washington state patrol, through the director of fire protection, for uncertified operation(s). |
[Statutory Authority: Chapters 43.43 and 18.160 RCW. 05-17-099, § 212-80-195, filed 8/16/05, effective 9/16/05.]
(a) Gross ((incompetency)) incompetence or gross
negligence in the preparation of layout drawings,
installation, repair, alteration, testing, maintenance,
inspection, ((service,)) or addition to fire protection
sprinkler systems.
(b) Conviction of a felony.
(c) Fraudulent or dishonest practices while engaging in the fire protection sprinkler systems business.
(d) Use of false evidence or misrepresentation in an application for a license.
(e) Permitting his or her license to be used in connection with the installation of any system when such installation is not under his or her supervision, or in violation of this regulation.
(f) Knowingly violating any provisions of this regulation or chapter 18.160 RCW.
(2) The chief of the Washington state patrol, through the director of fire protection, shall revoke the license of a licensed fire protection sprinkler system contractor or an inspection and testing contractor who engages in the fire protection sprinkler system business while the license is suspended.
[Statutory Authority: Chapters 43.43 and 18.160 RCW. 05-17-099, § 212-80-200, filed 8/16/05, effective 9/16/05; 05-05-006, amended and recodified as § 212-80-200, filed 2/4/05, effective 3/7/05. Statutory Authority: Chapters 43.63A and 18.160 RCW. 94-24-032, § 212-80-135, filed 12/1/94, effective 1/1/95; 91-14-086 (Order 91-06), § 212-80-135, filed 7/1/91, effective 8/1/91.]
(a) Gross ((incompetency)) incompetence or gross
negligence in the preparation of layout drawings,
installation, repair, alteration, testing, maintenance,
inspection, ((service,)) or addition to fire protection
sprinkler systems.
(b) Conviction of a felony.
(c) Fraudulent or dishonest practices while engaging in the fire protection sprinkler systems business.
(d) Use of false evidence or misrepresentation in an application for a certificate of competency.
(e) Permitting his or her certificate to be used in
connection with the preparation of any layout drawings,
installation, testing, maintenance, inspection, ((service)) or
certification of any system when such activity is not under
his or her supervision, or in violation of this regulation.
(f) Knowingly violating any provisions of this regulation or chapters 18.160 or 18.270 RCW.
(2) The chief of the Washington state patrol, through the director of fire protection, shall revoke the certificate of a certificate of competency holder, trainee, or a state certified fire sprinkler inspection and testing technician who engages in the fire protection sprinkler system business while the certificate of competency or trainee certificate is suspended.
[Statutory Authority: Chapters 43.43 and 18.160 RCW. 05-17-099, § 212-80-205, filed 8/16/05, effective 9/16/05; 05-05-006, amended and recodified as § 212-80-205, filed 2/4/05, effective 3/7/05. Statutory Authority: Chapters 43.63A and 18.160 RCW. 94-24-032, § 212-80-065, filed 12/1/94, effective 1/1/95; 92-20-070 (Order 92-08), § 212-80-065, filed 10/5/92, effective 11/5/92; 91-14-086 (Order 91-06), § 212-80-065, filed 7/1/91, effective 8/1/91.]
[Statutory Authority: Chapters 43.43 and 18.160 RCW. 05-05-006, § 212-80-210, filed 2/4/05, effective 3/7/05.]
(2) Each violation is classified and penalties assessed according to the violation type and instance as defined by this chapter.
[Statutory Authority: Chapters 43.43 and 18.160 RCW. 05-05-006, § 212-80-215, filed 2/4/05, effective 3/7/05.]
(2) These rules apply to persons who violate the intent, chapter, and requirements of chapters 18.160, 18.270 RCW, and/or chapter 212-80 WAC.
(3) Each separate instance of noncompliance with chapters 18.160 and 18.270 RCW and/or chapter 212-80 WAC shall be considered a separate violation.
(4) Each day the violation continues may be considered a separate violation.
(5) In addition to the issuance of citations and/or penalties, the chief of the Washington state patrol, through the director of fire protection, may also revoke, suspend, and/or deny the renewal of any license or certificate issued under chapters 18.160 and 18.270 RCW to person(s) and/or company(ies) who fails to pay any penalties assessed under these rules. Such action does not preclude the chief of the Washington state patrol, through the director of fire protection, from assessing further violations for unlicensed and/or uncertified operations.
(6) The penalty for each violation shall range from $0.00 to $5,000.00 per day per violation per occurrence.
[Statutory Authority: Chapters 43.43 and 18.160 RCW. 05-05-006, § 212-80-220, filed 2/4/05, effective 3/7/05.]
(2) The violation types are as follows:
(a) Minimal - Type I;
(b) Moderate - Type II; and
(c) Severe - Type III.
(3) The instances are as follows:
(a) 1st - The first time the individual, person, and/or company is in violation of chapters 18.160 or 18.270 RCW and/or chapter 212-80 WAC in any one calendar year, regardless of the number of individual violations or the duration of them;
(b) 2nd - The second time the individual, person, and/or company is in violation of chapters 18.160 or 18.270 RCW and/or chapter 212-80 WAC in any one calendar year, regardless of the number of individual violations or the duration of them; and
(c) 3rd - The third time the individual, person and/or company is in violation of chapters 18.160 or 18.270 RCW and/or chapter 212-80 WAC in any one calendar year, regardless of the number of individual violations or the duration of them.
(4) In the event of a fourth instance in any one calendar year, that company and/or individual will no longer be allowed to work in the sprinkler field in the state of Washington. This decision may be appealed, pursuant to RCW 74.20A.320.
[Statutory Authority: Chapters 43.43 and 18.160 RCW. 05-05-006, § 212-80-225, filed 2/4/05, effective 3/7/05.]
(2) The assessment of penalties for not being in conformance with chapters 18.160 or 18.270 RCW and/or chapter 212-80 WAC may be made only after considering:
(a) The gravity and magnitude of the violation.
(b) The person's previous record.
(c) Such other considerations as the chief of the Washington state patrol, through the director of fire protection, may consider appropriate.
(3) During a formal hearing or informal conference, the chief of the Washington state patrol, through the director of fire protection, may modify or adjust the citation, cited violations, and/or penalties assessed in order to meet the requirements of these rules and to ensure uniformity and consistency in their application statewide.
[Statutory Authority: Chapters 43.43 and 18.160 RCW. 05-05-006, § 212-80-245, filed 2/4/05, effective 3/7/05.]
(2) The attorney general may bring an action in the name of the chief of the Washington state patrol, through the director of fire protection, in the superior court of Thurston County or of any county in which the violator may do business to collect any penalty imposed under chapter 18.160 or 18.270 RCW.
[Statutory Authority: Chapters 43.43 and 18.160 RCW. 05-05-006, § 212-80-250, filed 2/4/05, effective 3/7/05.]
(2) Examples of Type I violations include, but are not limited to:
(a) Failing to inform the chief of the Washington state
patrol, through the director of fire protection, of the loss
of their primary certificate of competency holder, as required
by RCW ((18.160.40)) 18.160.040.
(b) Failing to have the certificate of competency holder stamp plans, calculations, and/or test certificates.
(c) Allowing an employee to certify, install, inspect,
test and/or maintain, ((and/or service)) water based fire
sprinkler systems or equipment contrary to NFPA codes,
standards, or manufacturers' specifications without specific
written permission from the local authority having
jurisdiction.
(d) Working without a permit, or permission to do so, by the local authority having jurisdiction.
[Statutory Authority: Chapters 43.43 and 18.160 RCW. 05-05-006, § 212-80-255, filed 2/4/05, effective 3/7/05.]
(2) Examples of Type II violations include, but are not limited to:
(a) Performing work on a sprinkler system where the
employee's certificate of competency holder under RCW
((18.160.40)) 18.160.040 or chapter 18.270 RCW does not have a
current or valid license.
(b) Working without the appropriate level of license or certificate of competency.
(c) Permitting his or her license to be used in connection with the preparation of any technical drawings that have not been prepared by him or her personally, or under their direct supervision.
(d) Working with an expired license or permit (more than ninety days).
[Statutory Authority: Chapters 43.43 and 18.160 RCW. 05-05-006, § 212-80-260, filed 2/4/05, effective 3/7/05.]
(2) Examples of Type III violations include, but are not limited to:
(a) Demonstrating gross ((incompetency)) incompetence or
gross negligence in the preparation of technical drawings, the
installation, inspection, testing, maintenance, repair,
alteration, ((service,)) and/or addition to a fire sprinkler
system.
(b) Allowing an employee to demonstrate gross
((incompetency)) incompetence or gross negligence in the
installation, inspection, testing, maintenance, repair,
alteration, ((service)) and/or addition to a fire sprinkler
system.
(c) Charging a customer for fire sprinkler work not performed.
(d) Offering to contract for fire sprinkler work without a certificate of competency holder, as described in RCW 18.160.040.
(e) Allowing an employee to falsify any fire sprinkler tags, labels, or inspection reports.
(f) Working without a certified full-time certificate of competency holder on staff, or, in the case of an inspection and testing contractor, allowing any employee not certified by the chief of the Washington state patrol, through the director of fire protection, as an inspection and testing technician.
(g) Falsifying an application or document submitted to the chief of the Washington state patrol, through the director of fire protection, to obtain a sprinkler contractor license or certificate of competency.
(h) Committing three or more Level II offenses within a three year period either as a company, through an employee of the company, through an employee acting as a certificate of competency holder for the company, and/or any combination thereof.
(i) Permitting his or her license to be used in connection with the stamping of any test certificates for work performed by someone other than his or her full-time employees.
[Statutory Authority: Chapters 43.43 and 18.160 RCW. 05-17-099, § 212-80-265, filed 8/16/05, effective 9/16/05; 05-05-006, § 212-80-265, filed 2/4/05, effective 3/7/05.]