WASHINGTON STATE PATROL

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)), regulating the fire sprinkler industry to a single statewide standard of performance and compliance, and for the issuance of civil fines and citations ((as defined in)) for violating any provision of chapters 18.160 and 18.270 RCW or any provision of this chapter.

This ((regulation)) chapter applies to any and all persons or organizations performing as a fire protection sprinkler contractor ((and/))or certificate ((of competency holder, with or without the required state licensing and/or certification)) holders as defined in chapters 18.160 and 18.270 RCW.

The following definitions ((shall)) will apply ((to this regulation)) throughout this chapter:

(1) "Authority having jurisdiction (AHJ)" means the organization, office, or individual responsible for issuing permits, approving layout drawings, ((equipment)) enforcing the requirements of a code or standard, or approving materials, an installation or a procedure. Usually, the AHJ is the building ((and/))or fire official of the city or county in which the job site is located. In certain cases, such as health care facilities, transient accommodations, and day care facilities, the AHJ is the city or county building ((and/))or fire official and the ((chief of the Washington state patrol, through the)) director ((of fire protection)).

(2) "Certificate" means a certificate of competency granted by the director ((of fire protection)) under chapter 18.270 or 18.160 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.

(3) "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 or 18.270.020 of a civil penalty for a violation of any provision of chapter((s)) 18.160 or 18.270 RCW or this chapter. A citation may include, but is not limited to, a description of the violation(s) and a notice of civil penalty assessment.

(4) "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)) or organization that offers to undertake the execution of contracts for the design, installation, inspection, testing, maintenance, or repair of a fire protection sprinkler system or any part of such system as covered by the provisions of chapter 18.160 RCW.

(6) "Direct supervision" means providing personal direction, oversight, inspection, and observation of the work being performed on the design, installation, inspection, testing, maintenance, or repair of a fire sprinkler system.

(7) "Director" means the chief of the Washington state patrol through the director of fire protection, or his or her designee.

(10) "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.

(11) "Formal hearing" means a hearing before a hearings officer where laws, rules, and evidence are presented, considered, and a decision is rendered.

(14) "Hazard" means a condition which could result in injury or death to a person ((and/))or damage to property.

(15) "Hearings request" means the written request for a formal hearing to contest a civil penalty.

(16) "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.

(17) "Maintenance" means ((work performed on a)) an inspection conducted by either a journey level or residential level sprinkler fitter or an inspection testing technician (ITT) of all the components of an automatic fire ((suppression)) sprinkler system and the work performed to keep the system's equipment operable((, or to make repairs)).

(19) "NFPA" means the National Fire Protection Association. The following national standards adopted by the NFPA apply to fire sprinkler suppression systems:

(a) "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. The following definitions will apply to the common types of sprinkler systems that can be installed in a NFPA 13D:

(b) "NFPA 13R" ((means the standard 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.

(c) "NFPA 13" ((means the standard used by the National Fire Protection Association)) for the installation and design of fire suppression sprinkler systems in commercial or high occupancy facilities.

(d) "NFPA 20" ((means the standard 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.

(e) "NFPA 24" ((means the standard used by the National Fire Protection Association)) for the installation of the dedicated underground fire service main of a water based fire protection system.

(f) "NFPA 25" ((means the standard used by the National Fire Protection Association)) for the inspection, testing, and maintenance of water based fire protection systems.

(20) "NICET" means the National Institute for Certification in Engineering Technologies.

(21) "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.

(22) "Qualified" ((shall)) means 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)).

(24) "Revoke" means the ((chief of the Washington state patrol, through the)) director ((of fire protection, shall)) will rescind a company's license or an individual's ((certification)) certificate. 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.

"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)).

(25) "Suspend" means the ((chief of the Washington state patrol, through the)) director ((of fire protection,)) holds a company's license or individual's certificate inactive until such time as the ((chief of the Washington state patrol, through the)) director ((of fire protection, feels confident)) determines that the company or individual is in compliance with the requirements of this chapter and chapters 18.160 and 18.270 RCW.

(26) "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 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.

(27) "Trainee" means a person who:

(a) Has been issued a training certificate by the ((chief of the Washington state patrol, through the)) director ((of fire protection, who)); and

(b) 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.

(29) "Violation" means any action, general or specific, inconsistent with the intent and letter of chapters 18.160 and 18.270 RCW and shall be further defined as:

(a) "((Minimal)) Level 1 violation" means a ((Type I)) violation which poses a ((minor)) minimal hazard or threat to life and property in the event of a fire.

(b) "((Moderate)) Level 2 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)) Level 3 violation" means a ((Type III)) violation which poses a substantial hazard or threat to life or property in the event of a fire.

All fire protection sprinkler system contractors, certificate ((of competency)) holders, or trainees, ((designing, installing, inspecting, testing or maintaining)) who design, install, inspect, test or repair fire protection sprinkler systems or any part of such a system ((shall)) will comply with the provisions of this regulation.

(1))) (2) Who is exempt from complying with this chapter?

(a) Federal, state, and local government employees, or insurance inspectors when acting in their official capacities.

(((2))) (b) A person ((or organization)) acting under court order.

(((3))) (c) A person ((or organization)) that sells or supplies products or materials to a licensed fire protection sprinkler system contractor.

(((4))) (d) A registered professional engineer in the state of Washington acting solely in a professional capacity.

(((5))) (e) A person issued a certificate of competency by the Washington state department of labor and industries, under chapter 18.106 RCW, as a ((journeyman)) journey-level plumber installing a residential network fire protection sprinkler system connected to potable water who works for a contractor as defined herein.

(((6))) (f) 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))) (g) A facility owner or full-time employee((, or owner)) of ((a)) the facility owner who is qualified to the satisfaction of the local authority having jurisdiction to perform ((inspection and testing of)) work otherwise regulated by this chapter on fire protection sprinkler systems when not acting as a fire protection sprinkler contractor or considered to be contracted in any way for this labor when working in said facility.

(((8))) (h) An employee of a licensed electrical contractor installing or testing only the electronic signaling devices of a fire sprinkler system.

(((9))) (i) A person((, licensed by the)) who when working on backflow assemblies is licensed by either:

(i) 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)) (ii) 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.

(1) Fire protection sprinkler contractors, only a company or individual licensed as a fire protection sprinkler systems contractor, who has at least one ((designer)) certificate holder on staff certified to level of licensure by the ((chief of the Washington state patrol, through the director of fire protection,)) director can bid, offer to bid, contract, or perform the designing, installation, inspection, testing, maintenance, ((and/))or ((servicing)) repair of a NFPA fire protection sprinkler system((.

(1) Does a fire protection sprinkler system need to obtain approval from the authority having jurisdiction? Yes. The fire protection sprinkler systems ((shall meet the)) must obtain approval ((of)) from the authority having jurisdiction. ((This includes)) The authority having jurisdiction must approve plans, specifications, calculations, contractor's materials and test certificates, and final approval. The authority having jurisdiction may conduct an approved flow test of heads as part of the approval for 13D fire protection sprinkler systems.

(2) Are there circumstances when the authority having jurisdiction may be the director? Yes. In certain types of occupancies the authority having jurisdiction may be the ((chief of the Washington state patrol, through the director of fire protection,)) director 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. In matters concerning compliance with and adherence to chapters 18.160 and 18.270 RCW, or chapter 212-80 WAC, the director will be considered the authority having jurisdiction.

(3) Whose responsibility is it to ascertain which agency is the authority having jurisdiction? It is the responsibility of the fire protection sprinkler system contractor or certificate ((of competency)) holder ((to ascertain which agency or agencies have jurisdiction)). If there is a question, on which agency is the authority having jurisdiction, the certificate ((of competency)) holder should contact the ((chief of the Washington state patrol, through the)) director ((of fire protection)).

(c) All bids, advertisements, proposals, offers, and installation drawings for fire protection sprinkler systems must prominently display the fire protection sprinkler system contractor's license number evidenced by the certification seal.

(2) Failure to comply with this section constitutes a level 1 violation for each occurrence.

(1) ((Nothing in this regulation limits the power of a)) Does chapter 18.160 RCW or chapter 212-80 WAC limit the power of a municipality, county, or state to require those engaged in the sprinkler trade to obtain a permit? No. The municipality, county, or state ((to)) regulates 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.

(2) ((Nothing in this regulation limits the power of)) Does chapter 18.160 RCW or chapter 212-80 WAC limit the power of a municipality, county, or state, to require those engaged in the sprinkler trade to obtain a permit? No. The municipality, county, or ((the)) state ((to)) can adopt any system of permits requiring submission to and approval by the municipality, county, or the state of layout drawings and specifications for work to be performed by contractors before commencement of the work.

(3) Does chapter 18.160 RCW or chapter 212-80 WAC limit the power of a municipality, county, or state, to require any licensing or certification above those called out for by chapter 18.160 RCW or chapter 212-80 WAC? Yes. A municipality, county, or state regulation or requirement cannot be enacted to require any licensing or certification above and beyond compliance with chapter 18.160 RCW and this chapter unless any such program was in place prior to 1991.

(5) Is an authority having jurisdiction required to verify if the contractor's license and certificate of competency stamp are valid? Yes. The authority having jurisdiction's official authorized to issue building or other related permits ((shall)) must ascertain that the fire protection sprinkler system contractor is duly licensed by requiring evidence of a valid fire protection sprinkler system contractor's license and a valid certificate of competency stamp consistent with the contractor's license.

(5))) (6) Does this regulation apply to any fire protection sprinkler system contractor performing work for any municipality, county or state? Yes. Officials of any municipality, county, or the state are required to determine compliance with this regulation before awarding any contracts for the installation, inspection, testing, maintenance, repair, service, alteration, fabrication, or addition of a fire protection sprinkler system. If there are questions regarding the status of the contractor's license or a certificate of competency, the authority having jurisdiction is encouraged to contact the director for assistance.

((Subcontracting of any work under the purview of chapter 18.160 RCW involving unlicensed contractors is strictly prohibited and a violation of chapter 18.160 RCW.)) (1) When is it not permissible to subcontract fire protection sprinkler system work?

FIRE PROTECTION SPRINKLER SYSTEM CONTRACTOR

(2) Once the prerequisites are met, how do you get licensed as a fire protection sprinkler contractor? To become a licensed fire protection sprinkler system contractor under this regulation, a person ((or firm)) must comply with the following:

(((1))) (a) The person must be or have in his or her full-time employ a holder of a valid certificate ((of competency)) whose level is consistent with the license level the contractor is applying for as outlined in WAC 212-80-018. If the certificate holder is not certified when the fire sprinkler system contractor submits an application for licensing, the certificate holder's application must be submitted at the same time, or the license cannot be processed.

(((2) Make)) (b) Submit an application to the director ((of fire protection)) on forms provided ((and)) for the level of fire protection sprinkler system contractor license the person is applying for. The forms that must be returned to the director are:

(c) Pay the fees required under WAC 212-80-073 for the level of license being applied for.

(((3))) (d) Meet the bonding requirements of WAC 212-80-078.

(((4) Be licensed as a contracting company in the state of Washington by)) (e) Provide the business name used to register with the department of labor and industries and ((possess)) provide the twelve digit alphanumeric business license number assigned by that agency.

(1) Is a fire sprinkler system contractor's license transferable between companies? No. A license issued under this regulation is not transferable.

Should a)) (2) If a currently licensed fire protection sprinkler system contractor merges or forms another company, can the license be reissued to a newly formed or incorporated company? If a currently licensed fire protection sprinkler contractor merges or forms another company, that license can be reissued to the newly formed((/)) or incorporated company provided:

(((1))) (a) The principal officers of the licensed company remain the same;

(((2))) (b) The company continues, takes over, or otherwise reestablishes the bond required by chapter 18.160 RCW for licensing;

(((3))) (c) The company continues to perform fire protection sprinkler contractor work as defined by chapter 18.160 RCW;

(((4))) (d) The company employs certificate of competency holders of the appropriate levels; and

(((5))) (e) The company meets the criteria necessary for licensing as a fire protection sprinkler contracting company as defined by chapter 18.160 RCW.

(1) What are the requirements of the fire protection sprinkler system contractor regarding the certificate holder(s) they employ? A fire protection sprinkler system contractor ((shall)) must have at least one full-time ((design)) certificate ((of competency)) holder, consistent with the license level as outlined in WAC 212-80-018, employed to conduct business.

(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)) What happens if a fire protection sprinkler system contractor loses the certificate holder the contractor is required to employ as a condition of licensing?

(a) From the date of separation of the certificate holder, the contractor ((shall)) will 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)) must employ a new ((design)) person (either as owner or full-time employee) with the appropriate 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.

(4) The fire protection sprinkler system contractor may only)) level consistent with the license level as outlined in WAC 212-80-018.

(i) 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((.)); or

(ii) Continue 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.

(1) When are fire protection sprinkler system contractor licenses required to be renewed? All licensed fire protection sprinkler system contractors desiring to continue to be licensed ((shall secure from the chief of the Washington state patrol, through the director of fire protection,)) must renew their license prior to January 1 of each year ((a renewal license upon payment of the fee as prescribed by the chief of the Washington state patrol, through the director of fire protection.

(2))). The application for renewal ((shall)) must be made 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.

(2) What happens if the contractor doesn't renew their license by the expiration date? A license holder that fails to secure ((his or her)) renewal of the license ((within sixty days after)) by 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)) will:

(3) Are there reasons why the director would not renew a fire protection sprinkler system contractor license? Yes. The director ((of fire protection, may restore)) will not renew a license that has been suspended by the director, or if the general or specialty license issued by the department of labor and industries has been suspended or revoked.

(4) When will the director not restore a fire protection sprinkler system contractor's suspended license? In addition to other provisions of this ((regulation)) chapter, 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)) or

(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.

(3) The ((initial)) annual license fee ((shall)) as provided in subsection (2)(a) of this section will be prorated based upon the portion of the year such license is in effect((. This is)), provided that:

(a) The annual license fee is allowed to be prorated only once in the history of the company.

(1) ((The chief of the Washington state patrol, through the director of fire protection, shall not issue a license under this regulation unless:)) Is the surety bond required by the department of labor and industries acceptable to the director for issuing a fire protection sprinkler system contractor license? No. A fire protection sprinkler system contractor must have a separate bond conditioned to compensate third-party losses caused by the acts of the contractor's principal or the principal's servant, officer, agent, or employees, in conducting the business registered or licensed under this chapter as follows:

(a) ((The fire protection sprinkler system contractor, to be licensed as a)) Level 3 or Level "U" fire protection sprinkler system contractor, must file((s)) 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 1 and/or Level 2 systems or a contractor to be licensed as an inspection and testing contractor, must file((s)) 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) Can another type of security bond be used other than the surety bond? Yes. Upon approval by the ((chief of the Washington state patrol, through the)) director ((of fire protection, property or)), cash or other security may substitute for a surety bond provided the value matches the appropriate level of bonding required ((for the level of work to be performed.)) under subsection (1) of this section and the following conditions are met:

(a) The value of property ((shall)) must be determined by an appraiser selected by the ((chief of the Washington state patrol, through the)) director ((of fire protection.)) and all appraisal fees ((shall)) will be paid by the fire protection sprinkler system contractor.

FIRE SPRINKLER CERTIFICATE ((OF COMPETENCY)) HOLDER

(((1))) Certificate holders for Level 1, Level 2, Level 3, and Level U will obtain a stamp each certification year to affix on all sprinkler related documents as provided in this chapter.

(a) Sprinkler system plans, calculations, and contractors' materials and test certificates submitted to the authority having jurisdiction ((shall be stamped pursuant to subsection (3) of this section)).

(((2))) (b) At least one set of approved plans and calculations, containing information as specified in subsection (((3))) (1) of this section, ((shall)) must be maintained on the job site while the work is being performed.

(c) The cover sheet of hydraulic calculations ((and)).

(d) On all test certificates for fire protection sprinkler systems submitted to the authority having jurisdiction.

(((5))) (4) 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)) must be stamped by either:

(a) A licensed professional engineer registered in the state of Washington; or

(b) The appropriate level certificate ((of competency)) holder and the ((State)) Level U certificate ((of competency)) holder employed by the submitting contractor.

(1) The ((design)) certificate ((of competency)) holder ((shall)) must complete the contractor's material and test certificate(s), affix his((/)) or her certificate ((of competency)) stamp, and forward the certificate(s) to the authority having jurisdiction.

(2) Contractor's material and test certificate forms ((shall)) must be of such form as accepted or approved by the ((chief of the Washington state patrol, through the director of fire protection)) authority having jurisdiction.

(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)) must retain copies of the contractor's materials and test certificate for a minimum of five years.

((To become a certificate of competency holder under this regulation, an applicant must either:)) (1) How do I become a certificate holder? The issuance of a certificate is dependent on employment with a licensed fire sprinkler contractor. All applications for a certificate must be submitted with the fire protection sprinkler system contractor's application. A certificate application will not be processed without the fire protection sprinkler system contractor's application. All applications must be made on the forms provided by the director and include the required fees provided in WAC 212-80-098 and documentation for the required level of certification as outlined in this section.

(a) For ((State)) Level 1 design certification, the applicant must either:

(i) 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)), or present a copy of a current certificate from the National Institute for Certification in Engineering Technologies ((element requirements for)) showing that the applicant has achieved Level 2 certification in the field of water-based fire protection system layout ((design)); or

(ii) Be a Washington licensed professional engineer.

(((2))) (d) For ((State)) Level U certification, the applicant must 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)) (e) For inspection and testing technician, the applicant must:

(i) Notwithstanding subsection (1)(h) of this section a professional engineer is exempt from certification when acting solely in a professional capacity. Such engineer ((shall comply with all other requirements of this regulation including payment of fees, completion of the)):

(B) Complete the application process((,)) for certification by the director;

(C) Pay fees provided by WAC 212-80-073; and ((supplying))

(D) Supply 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 3 design certification; or

(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))) (2) 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.)) (3) What exams are offered by the director?

(3))) There are ((two)) three separate fees((, including the application fee and the certification fee. The)) that may apply:

(1) Application fee is fifty dollars only charged once when ((an individual)) a person makes the initial application for any of the certificates specified in this section. As long as the certificate holder maintains continuous certification, regardless of employer, the certificate holder is not required to pay a subsequent application fee.

(((4))) (2) Annual certification fee is fifty dollars paid each year the certificate holder applies for certification. The annual renewal fee:

(a) Prorated fees ((shall)) are allowed only ((be allowed)) for the initial certificate.

(b) Renewals or reinstatements ((shall)) will not be prorated((. The prorated amount shall be calculated using the number of months remaining in the certification cycle.

(c) Reinstatement of certificate (no proration permitted) $100.00)).

(((7))) The prorated fees are as follows:

(4) Certificate fees are nonrefundable once the certificate has been issued.

(1) Is a certificate transferable to another person? No. A certificate ((of competency)) issued under this regulation is not transferable to another person.

((This certification)) (2) Is a certificate transferable to another employer? Yes. The certificate can((, however,)) follow a ((person)) certificate holder to another employer provided that employer is currently licensed at the appropriate level.

(1) What are the employment requirements for a certificate?

(a) In no case ((shall)) will a certificate of competency holder be employed full time by more than one fire protection sprinkler system contractor at the same time.

(((2))) (b) If the certificate ((of competency)) holder should leave the employment of the fire protection sprinkler system contractor, he or she ((shall)) will 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.)) (2) Are there any exceptions to the employment requirements for a certificate holder? Yes. The following exceptions may apply:

(1) ((Level 1, 2, 3, U, or I.T.)) When are certificates required to be renewed?

(a) A certificate ((of competency holders who desire to maintain a current certificate shall, prior to)) must be renewed by January 1st of each calendar 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)).

(((2) Journeyman fitter)) (b) Certificates for journey and residential fitters ((certificate of competency holders, and trainees who desire to maintain a current certificate shall, prior to)) must be renewed by January 1st of every ((other)) even-numbered 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.

(d) Failure of a trainee, ((journeyman sprinkler fitter)) journey, or residential sprinkler fitter ((certificate of competency holder,)) to renew ((their)) his or her certificate ((before its expiration date of December 31 of every other year, shall)) will result in ((the applicant)) him or her having to:

(((a))) (i) File a new application with the ((chief of the Washington state patrol, through the)) director ((of fire protection,)) on a form provided by the director((.

(ii) Successfully pass the written examination required by this chapter.

(1) A certificate ((of competency)) holder((, or trainee,)) may voluntarily relinquish his or her certificate ((of competency)) to the ((chief of the Washington state patrol, through the)) director ((of fire protection. This includes temporary design certificate of competencies that have not been in effect for more than three consecutive and/or accumulative years)).

(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)) will not be known as a certificate ((of competency)) holder or trainee and ((shall)) will 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 submission of a renewal application and the payment of the required fee.

(5) If two or more years have elapsed, he or she ((shall)) will return to the status of a new applicant.

(4) An original signature shall appear on each page of documentation for all inspection and testing certificates for water based fire protection sprinkler systems conducted by the inspection and testing technician.)) (1) Who is issued a wallet card? The director issues a wallet card to a person issued a certificate. The card will be kept by the certificate holder. The certificate holder must make the card available for review at any time.

((REVOCATION OF LICENSE/CERTIFICATE)) ENFORCEMENT AND COMPLIANCE

(1) Who can suspend or revoke a license or certificate? The ((chief of the Washington state patrol, through the)) director ((of fire protection,)) may refuse to issue or renew or may suspend or revoke the privilege of a certificate ((of competency)) holder ((as defined in RCW 18.160.101(1) or chapter 18.270 RCW)), or a licensed or unlicensed fire protection sprinkler system contractor to engage in the fire protection sprinkler system business ((or)). The director may establish penalties ((as prescribed by Washington state law for any of the following reasons:)) against a person who violates any provisions of chapter 18.160 or 18.270 RCW or the provision of this chapter while they are engaged in the design, installation, inspection, testing, maintenance, or repair, of a fire sprinkler system or any part of such system.

(a) Gross incompetence ((or)) – The licensed fire protection sprinkler system contractor and/or certificate holder demonstrated he or she does not have the qualifications or ability to perform at the level of license or certificate required to contract or offer to bid on the design, installation, inspection, testing, maintenance, or repair, of a fire protection sprinkler system or any part of such system. For the purpose of this subsection, qualifications means that the person did not possess or has not possessed a valid certificate to the level required for the work performed.

(b) Gross negligence – The licensed fire protection sprinkler system contractor or certificate holder has demonstrated a habitual failure in the preparation of layout drawings, installation, repair, alteration, testing, maintenance, inspection, or addition to fire protection sprinkler systems((.

(b) Conviction of a felony.)) in accordance with plans, specifications, building codes or the publications of the National Fire Protection Association. For the purpose of this subsection, "habitual failure" means that the person has over a period of time committed five violations of chapters 18.160, 18.270 RCW, or this chapter in separate offenses, or has failed to design or install sprinkler systems in accordance with plans, specifications, building codes, or the publications of the National Fire Protection Association.

(c) ((Fraudulent or)) Dishonest practices ((while engaging in the)) - The licensed fire protection sprinkler system contractor or the certificate holder will not engage in dishonest fire protection sprinkler systems business practices that include, but are not limited to:

(v) Performing certification, installation, inspection, testing, or maintenance for a water based fire protection sprinkler system or equipment beyond that which the contractor is licensed or certificate holder is certified, regardless of whether or not the work done was in compliance with the National Fire Protection Association codes, National Fire Protection Association standards, or manufacturer's specifications.

(d) ((Use of false evidence or misrepresentation in an application for a certificate of competency.

(e))) Actions showing an indifference to compliance with the fire protection sprinkler system business practices that include, but are not limited to:

(iii) Permitting ((his or her)) or requiring a certificate holder to ((be used)) use his or her certificate in connection with the preparation of any ((layout)) technical drawings((, installation, testing, maintenance, inspection, or certification of any system when such activity is not)) that have not been prepared by him or her personally or under his or her direct supervision, or in violation of this ((regulation)) chapter.

(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.)) (e) Any violation of this section constitutes a level 3 violation.

(1) Who can issue civil penalties or citations? The ((chief of the Washington state patrol, through the)) director ((of fire protection,)) may impose civil penalties ((and/))or fines to any licensed company or ((certified individual)) certificate holder who violates any provision of chapters 18.160, 18.270 RCW, or this chapter. Moreover, the ((chief of the Washington state patrol, through the)) director ((of fire protection,)) may impose the civil penalties ((and/))or fines listed herein to any unlicensed company or uncertified ((individual)) person who operates in the state of Washington as a licensed fire protection sprinkler system company ((and/or certified individual)) or certificate holder. All violations will be recorded on forms provided by the director.

(4) Is there a statute of limitations on a violation? Violations may be assessed within a five-year period.

(1) ((These rules establish the basis and process by which the citations and penalties will be determined and issued for violations of chapters 18.160, 18.270 RCW, and/or chapter 212-80 WAC.

(2))) What citation or penalties may be issued by the director for violations? The director may at his or her discretion issue either a monetary penalty or take an action against a license or certificate depending on the severity of the violation(s) evidenced in the investigation. Each violation is classified and penalties assessed according to the violation type ((and instance as defined by this chapter.)) as provided in the chart below:

(1) The ((chief of the Washington state patrol, through the)) director ((of fire protection,)) will provide an opportunity for ((a)) any person to informally discuss a civil penalty that has been assessed against them.

(2) An informal conference may be requested prior to a request for a formal hearing. However, it ((shall)) will not exceed nor extend ((their)) the thirty-day timeline allotted for the request of a formal hearing - Regardless of the outcome.

(3) The request for an informal hearing may be in any form and:

(a) ((Shall)) Must be addressed to the ((chief of the Washington state patrol, through the director of fire protection)) mitigation officer;

(b) Be received no more than thirty days from the issue date of the civil penalty; and

(((b))) (c) Clearly state the subject to be discussed.

(4) ((As a result of an informal conference, the chief of the Washington state patrol, through)) Depending on the availability and time constraints of the person making the request and the hearings officer, the informal conference may be done though a personal meeting or conference call depending on the availability of the parties and the available technology.

(5) The director ((of fire protection,)) may for good cause choose to amend, withdraw, or reduce the civil penalty as a result of an informal conference.

(1) ((A)) Any person may request a formal hearing to appeal the suspension or revocation of a license or certificate, or a civil penalty issued under this chapter at any time before or after the request of an informal conference, as long as the thirty day period ((allotted)) from the date of issue listed on the citation has not elapsed. If requesting a formal hearing by mail, the request must be post marked by midnight on the day the response is due.

(2) The ((chief of the Washington state patrol, through the)) director ((of fire protection,)) will arrange for a hearings officer to conduct the formal hearing((.

(4) The chief of the Washington state patrol, through the director of fire protection,)) and will notify by letter the person requesting the hearing (or their designated representative) of the date, time, location, and hearings officer conducting the formal hearing.

(((5))) (3) The hearings officer will hear the case and, within ninety days of the hearing, render a proposed opinion and order including recommended findings of fact and conclusions of law, according to chapters 34.05 RCW and 10.08 WAC.

(((6))) (4) The formal hearing ((shall)) will be conducted as follows:

(a) The hearings officer will act as an impartial third party.

(b) It is not necessary for the person who requested the hearing to be represented by legal ((council)) counsel.

(c) An official record ((shall)) will be made through a scribe.

(d) Testimony ((shall)) will be taken under oath.

(e) All evidence of a type commonly relied upon by a reasonably prudent person in the conduct of their serious affairs is admissible.

(f) Hearsay evidence is admissible if it meets the statutory standards for being reliable and trustworthy.

(g) A proposed opinion and order will be provided.

(((7))) (5) The proposed opinion and order shall be reviewed by the ((chief of the Washington state patrol, through the)) director ((of fire protection,)) and if accepted be finalized and issued as a final order.

(1) Can a penalty be adjusted without an informal or formal hearing? The assessment of adjustment of penalties for amounts other than those set by chapter((s)) 18.160 or 18.270 RCW ((shall)) will be done only by the ((chief of the Washington state patrol, through the)) director ((of fire protection,)) through a hearings process either formally or informally.

(2) What factors are considered for assessing penalties? The assessment of penalties for not being in conformance with chapters 18.160 ((or)), 18.270 RCW ((and/or chapter 212-80 WAC)), or this chapter 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)) (d) The uniformity and consistency in ((their)) the application of violations or penalties statewide.

(1) How can payments be made? The penalty ((shall)) must be paid to the ((chief of the Washington state patrol, through the)) director ((of fire protection,)) within ((twenty-eight)) thirty days after an order assessing a civil penalty becomes final by operation of law or on an appeal.

(2) Can payments in installments be made to resolve civil penalties? A request can be made through an informal or formal conference to make installment payments on a civil penalty. If the mitigation officer authorizes installment payments during an informal or formal hearing, the payment plan will be developed and agreed upon at that time. Failure to follow through with the payment plan will void the agreement and the remaining balance must be paid by the next business day.

(b) 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.