WSR 14-03-019
PERMANENT RULES
WASHINGTON STATE PATROL
[Filed January 7, 2014, 4:02 p.m., effective February 7, 2014]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The WAC as currently written is confusing, hard to understand, and lacks defined violations of the rule.
The proposed changes will allow the WAC to be reorganized, cleaning up unnecessary definitions, identify rule violations and penalties, and most importantly putting it into the plain language format. The additions will keep this rule current with industry practices.
Citation of Existing Rules Affected by this Order: Repealing WAC 212-80-020, 212-80-028, 212-80-043, 212-80-096, 212-80-103, 212-80-128, 212-80-133, 212-80-138, 212-80-140, 212-80-145, 212-80-150, 212-80-155, 212-80-160, 212-80-170, 212-80-175, 212-80-180, 212-80-185, 212-80-188, 212-80-190, 212-80-195, 212-80-200, 212-80-220, 212-80-225, 212-80-230, 212-80-255, 212-80-260 and 212-80-265; and amending WAC 212-80-001, 212-80-005, 212-80-010, 212-80-015, 212-80-018, 212-80-023, 212-80-033, 212-80-038, 212-80-048, 212-80-053, 212-80-058, 212-80-063, 212-80-068, 212-80-073, 212-80-078, 212-80-083, 212-80-088, 212-80-093, 212-80-098, 212-80-108, 212-80-113, 212-80-118, 212-80-123, 212-80-165, 212-80-205, 212-80-210, 212-80-215, 212-80-235, 212-80-240, 212-80-245, and 212-80-250.
Statutory Authority for Adoption: RCW 18.270.900 and 18.160.030.
Adopted under notice filed as WSR 13-21-140 on October 23, 2013.
Changes Other than Editing from Proposed to Adopted Version:
• | Additional clean up to the language was performed throughout the entire chapter to include but not limited to adding the word system to "fire protection sprinkler (system) contractor." |
• | Updating some RCW references. |
• | Updating the diagrams used. |
• | Provide detailed information regarding the process for denial, suspension or revocation of a certificate. |
A final cost-benefit analysis is available by contacting Melissa Van Gorkom, phone (360) 596-4017, fax (360) 596-4015, e-mail wsprules@wsp.wa.gov.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 31, Repealed 27.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 31, Repealed 27.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 31, Repealed 27; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: December 20, 2013.
John R. Batiste
Chief
Chapter 212-80 WAC
FIRE PROTECTION SPRINKLER SYSTEM CONTRACTORS
AMENDATORY SECTION (Amending WSR 09-01-114, filed 12/19/08, effective 1/19/09)
WAC 212-80-001 Purpose.
The purpose of this ((regulation)) chapter is to adopt rules to a single statewide standard of performance and compliance 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)) for violations of any provision of chapter((s)) 18.160 ((and)) or 18.270 RCW or any provision of this chapter.
AMENDATORY SECTION (Amending WSR 09-01-114, filed 12/19/08, effective 1/19/09)
WAC 212-80-005 Applicability.
This ((regulation)) chapter applies to any ((and all persons or organizations)) person performing as a fire protection sprinkler system contractor ((and/or)) or certificate ((of competency holder, with or without the required state licensing and/or certification)) holder as defined in chapters 18.160 and 18.270 RCW.
AMENDATORY SECTION (Amending WSR 09-01-114, filed 12/19/08, effective 1/19/09)
WAC 212-80-010 Definitions.
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)) 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)) 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)) 18.160.120 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)) that offers to contract for the design, installation, inspection, testing, maintenance, or repair of a fire protection sprinkler system or any part of such system under chapter 18.160 RCW.
(5) "Digital signature" means a secure signature in electronic form attached to an electronic record. Examples of electronic signatures include a digitized image of a "wet" signature, a graphical representation of a handwritten signature (constructed using graphics software or special fonts), or other icons or representations adopted by the person with the intent to sign the document. The digital signature must:
(a) Be unique to the certificate holder;
(b) Be capable of independent verification;
(c) Be under the exclusive control of the certificate holder;
(d) Transform the electronic record such that a recipient can determine that the record was signed by the certificate holder; and
(e) Transform the electronic record such that a recipient can determine if the initial record was altered since the transformation was made.
(6) "Direct supervision" means the person providing direction, oversight, inspection, and observation of the work performed on the design, installation, inspection, testing, maintenance, or repair of a fire protection sprinkler system.
(7) "Director" means the chief of the Washington state patrol through the director of fire protection or his or her designee.
(("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.))
(8) "Electronic" means electrical, digital, magnetic, optical, electromagnetic, or any other form of technology that involves similar capabilities.
(9) "Electronic record" means a record generated, communicated, received, or stored by electronic means for use in an information system or for transmission from one information system to another.
(10) "Fire protection sprinkler system" means an assembly of underground ((and/or)) 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.))
(11) "Formal hearing" means a hearing before a hearings officer where laws, rules, and evidence are presented, considered, and a decision is rendered.
(12) "General contractor" means a contractor whose business operations require the use of more than one building trade or craft for a single job, project, or building permit. A general contractor includes a person who superintends, or consults on, in whole or in part, work that falls within the definition of a contractor.
(13) "Hazard" means a condition which could result in injury or death to a person ((and/or)) or damage to property.
(14) "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.))
(15) "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.))
(16) "Licensed contractor" means a contractor issued a license to perform fire protection sprinkler system work by the director pursuant to WAC 212-80-053 of this chapter.
(17) "Maintenance" means ((work performed on a)) an inspection conducted by either a journey level or residential level sprinkler fitter or an inspection and testing technician (ITT) of all the components of an automatic fire ((suppression)) protection sprinkler system and the work performed to keep the system's 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.))
(18) "Mitigation or hearing officer" is the assistant state fire marshal or his or her designee who will preside over an informal, mitigation conference to discuss a civil penalty that has been assessed against a person for a violation of this chapter.
(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:
(i) Multipurpose piping sprinkler system: A piping system intended to serve both domestic needs in excess of a single fixture and fire protection needs from one common piping system throughout the dwelling unit(s).
(ii) Network sprinkler system: A type of multipurpose system utilizing a common piping system supplying domestic fixtures and fire sprinklers where each sprinkler is supplied by a minimum of three separate paths.
(iii) Passive purge system: A type of sprinkler system that serves a single toilet in addition to the fire sprinklers.
(iv) Stand-alone sprinkler system: A sprinkler system where the above ground piping serves only fire sprinklers.
(v) Antifreeze sprinkler system: A wet pipe system using automatic sprinklers that contains a liquid solution to prevent freezing of the system, and is intended to discharge the solution upon sprinkler operation, followed immediately by water from a water supply.
(vi) Dry pipe sprinkler system: A sprinkler system employing automatic sprinklers that are attached to a piping system containing air or nitrogen under pressure, the release of which (as from the opening of a sprinkler) permits the water pressure to open a valve known as a dry pipe valve, and the water then flows into the piping system and out the opened sprinkler.
(vii) Preaction sprinkler system: A sprinkler system employing automatic sprinklers that are attached to a piping system that contains air with a supplemental detection system installed in the same areas as the sprinklers.
(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 in buildings not exceeding 60 ft (18 m) in height above grade plane.
(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.
(("NFPA 14" means the standard used by the National Fire Protection Association for the installation of standpipe and hose systems.))
(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.
(("NITC" means the National Inspection Testing Certification.))
(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.
(("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.))
(22) "Qualified" ((shall)) means an individual who has demonstrated through education, training, examination, ((and/or)) or national certifications the competency, skill, and ability necessary to perform any work covered ((and/or)) 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)).
(23) "Repair" means to restore by replacing a part of or putting together what is torn or broken on the fire protection sprinkler system.
(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)) This action causes ((said)) the company or individual to cease any ((and all)) work in the fire protection sprinkler system 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 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 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 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 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 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 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 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 13D, NFPA 13R, 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)).
(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.
(("Type" means the classification of violation as minimal, moderate, and severe. These are identified as Types I, II, and III respectively.))
(28) "Underground" means the portion of the fire protection sprinkler system that starts at the point where the last nonfire water use is taken from the supply mains. For the purpose of this subsection, "point where the last nonfire water use is taken from the supply mains" means the point just downstream of the last tap for domestic or processed 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 and if shut off would shut off only the sprinkler system. This subsection does not apply to residential multipurpose piping fire protection sprinkler systems.
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(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.
(("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.))
Reviser's note: The unnecessary underscoring in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION (Amending WSR 09-01-114, filed 12/19/08, effective 1/19/09)
WAC 212-80-015 Compliance.
(1) Who needs to comply with these rules? 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)) chapter.
((EXCEPTIONS:
(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)) who 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 or residential specialty plumber or supervised plumber trainee installing a residential network fire protection sprinkler system connected to potable water who works for a contractor as defined ((herein)) by WAC 212-80-010(4) of this chapter.
(((6))) (f) An owner((/)) or 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)) that they plan to sell, lease, or rent.
(((7) A)) (g) Full-time employee, or owner of a facility who is qualified to the satisfaction of the ((local)) authority having jurisdiction to perform ((inspection and testing of)) fire protection sprinkler ((systems)) work 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 inspects, field tests, maintains, or repairs backflow prevention assemblies installed on potable water supplies to fire sprinkler systems and who is certified as a:
(i) Backflow assembly tester by the Washington state department of health, under chapters 70.119 RCW and 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)); or
(ii) Backflow specialty plumber by the Washington state department of labor and industries, under chapters 18.106 RCW((, as a backflow specialty plumber performing repairs of backflow assemblies in accordance with chapter 246-290 WAC)) and 296-400A WAC, when repairing backflow prevention assemblies within a building.
AMENDATORY SECTION (Amending WSR 09-01-114, filed 12/19/08, effective 1/19/09)
WAC 212-80-018 License and certification requirements.
(1) Fire protection sprinkler contractors, only a ((company or individual licensed as a fire protection sprinkler systems)) licensed contractor, who has at least one ((designer)) certificate holder on staff certified to license level consistent with the contractor's license, 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)) or repair of a NFPA fire protection sprinkler system((.
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.)) |
or any part of such a system based on the level of the contractor license. The following levels will apply to contractor licenses issued by the director:
(a) Level 1 contractor license - NFPA 13D, and underground work (NFPA 24) or inspection, testing and maintenance (NFPA 25) for NFPA 13D.
(b) Level 2 contractor license - NFPA 13D or NFPA 13R and underground work (NFPA 24) or inspection, testing and maintenance (NFPA 25) for NFPA 13D or NFPA 13R.
(c) Level 3 contractor license - NFPA 13D, NFPA 13R, NFPA 13 systems, or underground work (NFPA 24) or inspection, testing and maintenance (NFPA 25).
(d) Level U contractor license – Specialized license for underground work (NFPA 24) only.
(e) Level I&T (inspection and testing) contractor license - Specialized license for inspection and testing work (NFPA 25). This license level allows for inspection or testing of a NFPA 13D, NFPA 13R, or NFPA 13, wet and dry pipe fire protection sprinkler system, provided that the:
(i) Inspection and testing technician must limit his or her work on the fire protection sprinkler system to the contractor's license level; and
(ii) Testing and maintenance of fire protection sprinkler systems such as preaction, deluge, foam or fire pumps, will be performed only by contractors who are also qualified and licensed to design and install that type of system or fire pump.
Chart 1: Fire Protection Sprinkler Contractors
Level of Contractor License | Standard Defining Work to be Performed | ||||
NFPA 13D | NFPA 13R | NFPA 13 | NFPA 24 | NFPA 25 | |
Level 1 Contractor One- and two-family dwellings and manufactured homes | Yes | No | No | Yes | Yes (See WAC 212-80-018 (e)(i)) |
Level 2 Contractor Residential Occupancies Up To and Including Four Stories in Height | Yes | Yes | No | Yes | Yes (See WAC 212-80-018 (e)(i)) |
Level 3 Contractor All Types of Structures | Yes | Yes | Yes | Yes | Yes (See WAC 212-80-018 (e)(i)) |
Level U Contractor Underground | No | No | No | Yes | No |
Level I&T Inspection and Testing Contractor | No | No | No | No | Inspection/Testing Only (See WAC 212-80-018 (e)(ii)) |
(2) Fire protection sprinkler system certification – Only a certificate holder may prepare layout drawings or install, inspect, test, maintain, or repair a fire protection sprinkler system or any part of such a system based on his or her design certification level.
(a) Design certification - The following levels will apply to design certifications issued by the director:
(i) Level 1 design certification - NFPA 13D, and underground work (NFPA 24) or inspection, testing, and maintenance (NFPA 25) for NFPA 13D.
(ii) Level 2 design certification - NFPA 13D or NFPA 13R, and underground work (NFPA 24) or inspection, testing, and maintenance (NFPA 25) for NFPA 13D or NFPA 13R.
(iii) Level 3 design certification - NFPA 13, NFPA 13R, or NFPA 13D, underground work (NFPA 24), and inspection, testing, and maintenance (NFPA 25) for NFPA 13D, NFPA 13R, and NFPA 13.
(b) Specialized certifications - The following level will apply to specialized certifications issued by the director:
(i) Level U certification - NFPA 24; supervise the installation, inspection, and testing of the underground fire protection sprinkler underground piping.
(ii) Level ITT - Inspection and testing technician – NFPA 25 for inspection or testing of a NFPA 13D, NFPA 13R, or NFPA 13, wet and dry pipe fire protection sprinkler. The inspection and testing technician must limit his or her work to the inspection and testing contractor's license level under subsection (1)(e) of this section.
Chart 2: Fire Protection Sprinkler Certifications
Level of Certificate Holder – See Note (1) | Standard Defining Work That May Be Performed | ||||
NFPA 13D | NFPA 13R | NFPA 13 | NFPA 24 | NFPA 25 | |
Level 1 Design Certification | Yes | No | No | Yes (NFPA 13D Systems Only) | No |
Level 2 Design Certification | Yes | Yes | No | Yes (NFPA 13D and/or NFPA 13R Systems Only) | No |
Level 3 Design Certification | Yes | Yes | Yes | Yes | No |
Level U Design Certification | No | No | No | Yes | No |
Level ITT Design Certification | No | No | No | No | Yes See subsection (1)(e) of this section for exceptions |
Chart 3: Certificate Level Required for Level of License
Contractor Level | 1 | 2 | 3 | U | I&T |
Building Type | One- and two-family dwellings and manufactured homes | Dwellings up to and including four stories in height | All dwellings and commercial or high occupancy facilities | Dedicated underground fire service main of a water based fire protection system | Inspection, testing, and maintenance of water based fire protection systems |
Certificate Holder Level Needed to Qualify for License | 1 | 2 | 3 | U | ITT |
(3) May a person who has two levels of certification as provided by subsection (2) of this section work for two different licensed contractors if the person only uses one type of certification for each licensed contractor? No. RCW 18.160.040(10) prohibits a certificate holder from working for more than one licensed contractor.
(4) May a contractor obtain a fire protection sprinkler system license if the contractor employs only sprinkler fitters? No. A sprinkler fitter may only install piping from approved plans with a design certification.
AMENDATORY SECTION (Amending WSR 09-01-114, filed 12/19/08, effective 1/19/09)
WAC 212-80-023 Authority having jurisdiction.
(1) Does a fire protection sprinkler system contractor need to obtain approval from the authority having jurisdiction? Yes. The fire protection sprinkler systems ((shall meet the)) contractor 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 is 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)) 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 chapters 18.160 and 18.270 RCW, or this chapter, the director will be considered the authority having jurisdiction.
(3) Who has the responsibility to determine which agency is the authority having jurisdiction? It is the responsibility of the licensed contractor or certificate ((of competency)) holder ((to ascertain which agency or agencies have jurisdiction)). If there is a question((,)) of which agency is the authority having jurisdiction, the licensed contractor or certificate ((of competency)) holder should contact the ((chief of the Washington state patrol, through the)) director ((of fire protection)).
AMENDATORY SECTION (Amending WSR 05-05-006, filed 2/4/05, effective 3/7/05)
WAC 212-80-033 Posting requirements—License, certificates, and license number.
(1) What are the posting requirements for the fire protection sprinkler system contractor's license and employees' certificate? All licenses and certificates must be posted as follows:
(a) Each license and certificate issued under chapter 18.160 RCW must be posted in a conspicuous place in the licensed contractor's place of business.
(b) For certificates issued under chapter 18.270 RCW, the certificate holder must be in possession of his or her wallet card and display it upon request to the authority having jurisdiction.
(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.
(d) All inspection and testing certificates, documentation, or other such records of work must have affixed to them:
(i) The inspection and testing technician certificate number;
(ii) The signature of the inspection and testing technician; and
(iii) The date of signature.
(2) Failure to comply with this section constitutes a level 1 violation for each occurrence.
AMENDATORY SECTION (Amending WSR 05-17-099, filed 8/16/05, effective 9/16/05)
WAC 212-80-038 Municipality, county, or state regulations.
(1) ((Nothing in this regulation limits the power of a)) Does chapter 18.160 RCW or this chapter limit the power of a municipality, county, or state to require persons 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 this chapter 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)) may 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 this chapter limit the power of a municipality, county, or state, to require licensing or certification apart from the requirements provided by chapter 18.160 RCW or this chapter? Yes. A municipality, county, or state may not enact a regulation or requirement to require any licensing or certification apart from the requirements provided by chapter 18.160 RCW and this chapter unless the program was in place before 1991.
(4) Are permits or permission from the authority having jurisdiction required before performing sprinkler work? Yes. Licensed contractors and certificate holders must comply with the authority having jurisdiction's requirements to obtain permits or permission before the installation, repair, alteration, or addition of a fire protection sprinkler system. Failure to comply with this section constitutes a level 2 violation.
(a) Except as provided by (b) of this subsection, when a licensed contractor or certificate holder submits a bid to work on a fire protection sprinkler system, the licensed contractor or certificate holder does not need to obtain permits or permission from the authority having jurisdiction.
(b) The licensed contractor or certificate holder must verify whether a permit or permission is required from the authority having jurisdiction before installing, repairing, altering, adding, or removing any fire protection sprinkler system.
(5) Is an authority having jurisdiction required to verify that 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.
(((4) This regulation applies to any fire protection sprinkler system contractor performing work for any municipality, county, or the state.
(5))) (6) Does this regulation apply to a 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)) chapter before awarding any contracts for the installation, inspection, testing, maintenance, repair, service, alteration, fabrication, or addition of a fire protection sprinkler system.
AMENDATORY SECTION (Amending WSR 05-05-006, filed 2/4/05, effective 3/7/05)
WAC 212-80-048 Subcontracting.
((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?
(a) Subcontracting work on a fire protection sprinkler system is not permitted:
(i) If the subcontractor does not have a current fire protection sprinkler system contractor's license consistent with the level of work preformed on the fire protection sprinkler system; or
(ii) If the inspection and testing work is contracted to a contractor licensed by the department of labor and industries, but not a licensed fire protection sprinkler system contractor.
(b) Failure to comply with this section constitutes a level 3 violation.
(2) When is subcontracting or contracting of fire sprinkler protection system work permitted? Subcontracting of any fire sprinkler protection system work is permissible:
(a) When a licensed general contractor bids on a project that involves a fire protection sprinkler system. All subcontracting by a licensed general contractor for fire sprinkler work must be performed by a licensed fire protection sprinkler system contractor; or
(b) When the subcontractor is a licensed fire protection sprinkler system contractor and licensed at a level consistent with the work performed on the fire protection sprinkler system.
FIRE PROTECTION SPRINKLER SYSTEM CONTRACTOR
AMENDATORY SECTION (Amending WSR 05-17-099, filed 8/16/05, effective 9/16/05)
WAC 212-80-053 Application for licensed fire protection sprinkler system contractor.
(1) What are the prerequisites to apply for a fire protection sprinkler system contractor license? Applicants seeking a fire protection sprinkler system contractor's license must:
(a) Register the company structure with the secretary of state (www.sos.wa.gov), RCW 23B.01.200;
(b) Submit a master business application with the department of licensing (www.dol.wa.gov) or through the department of labor and industries (www.lni.wa.gov) and receive a unified business identifier number and twelve digit contractor number;
(c) Obtain a federal tax number from the Internal Revenue Service (www.irs.gov); and
(d) Register as a general or specialty contractor with the department of labor and industries under chapter 18.27 RCW.
(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)) chapter, a person ((or firm)) must ((comply with the following)):
(((1) Must)) (a) 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 provided by WAC 212-80-018. If the certificate holder is not certified when the fire protection sprinkler system contractor submits an application for licensing, the certificate holder's application must be submitted at the same time.
(((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 applicant must complete and provide to the director:
(i) Initial application;
(ii) Contractor license background;
(iii) Affidavit of compliance for licensing; and
(iv) Bond or assignment of deposit.
(c) Pay the fees required under WAC 212-80-073 for the applicable level of license.
(((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 registered with the department of labor and industries and ((possess)) provide the twelve digit alphanumeric business license number assigned by that agency.
(3) All information submitted for a fire protection sprinkler system contractor license must be true and accurate.
(4) Failure to comply with this section constitutes a level 3 violation.
(5) If the director finds that information or documents submitted by an applicant is false, misleading or has been altered in an effort to meet the requirements, the director will revoke the license pursuant to WAC 212-80-205.
AMENDATORY SECTION (Amending WSR 09-01-114, filed 12/19/08, effective 1/19/09)
WAC 212-80-058 Fire protection sprinkler system contractor license not transferable.
(1) Is a fire protection sprinkler system contractor's license transferable between companies? No. A license issued under this ((regulation)) chapter is not transferable.
((EXCEPTIONS:
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 system 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.
AMENDATORY SECTION (Amending WSR 09-01-114, filed 12/19/08, effective 1/19/09)
WAC 212-80-063 Contractor responsibilities, ((design)) certificate ((of competency)) holder employment.
(1) What are the requirements of the fire protection sprinkler system contractor regarding the employed certificate holder(s)? A Level 1, 2, or 3 fire protection sprinkler system contractor ((shall)) must have at least one full-time ((design)) certificate ((of competency)) holder, consistent with the license level as provided by 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 the licensed contractor no longer employs a certificate holder?
(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.
(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)) level consistent with the contractor's license level as provided by WAC 212-80-018.
(b) The licensed contractor must notify the director of the loss of the primary design certificate holder within thirty calendar days. For the purposes of this subsection, thirty calendar days commence on the certificate holder's last day of employment for compensation. The licensed contractor's failure to notify the director:
(i) Within thirty calendar days is a level 1 violation.
(ii) Within sixty calendar days is a level 2 violation.
(iii) After one hundred eighty calendar days is a level 3 violation.
(c) A fire protection sprinkler system contractor may renew a license without employing a design certificate holder if the six-month period crosses into a new license year and all appropriate fees are paid at the time of renewal. During the period in which the licensed contractor does not have a certificate holder, the licensed contractor must limit work on fire protection sprinkler systems to:
(i) Completing 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) Continuing 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.
(d) If a contractor fails to employ a design certificate holder as required in this chapter, and the director has renewed the license, the director will suspend the contractor's license pursuant to WAC 212-80-205. The suspension will remain in effect until the contractor has a full-time design certificate holder or a hearings officer denies the director's petition to suspend the license.
(e) When a licensed contractor no longer employs a design certificate holder, and the contractor has not hired another design certificate holder, the contractor may not bid on the design, installation, or repair of a fire protection sprinkler system, or any part of such system, that requires work inconsistent with the previously employed design certificate holder's level.
(f) Any contractor that uses a current or former employee's certification stamp on any technical drawings not prepared by the certificate holder is in violation of this chapter.
(g) Failure to comply with (c) through (f) of this subsection constitutes a level 3 violation.
(3) What happens when a Level U or I&T licensed contractor no longer employs a Level U or ITT certificate holder?
(a) The licensed contractor is prohibited from continuing the supervision of underground fire sprinkler pipe installation and inspection, testing, and maintenance, of fire protection sprinkler systems. Failure to comply with this subsection constitutes a level 3 violation and the director may summarily revoke the contractor's license.
(b) The contractor must immediately cease bidding on or starting any sprinkler work without the appropriate specialty certificate holder.
(c) The contractor must notify the director within thirty days after the specialty certificate holder's last day of employment for compensation. Failure to comply with this subsection constitutes a level 2 violation and the director may suspend the contractor's license pursuant to WAC 212-80-205.
(4) What are the responsibilities of the fire protection sprinkler system contractor regarding the employed certificate holders? The contractor is responsible for the work and actions of its employees regardless of the contractor's knowledge of any wrongdoing. The director may refuse to issue or renew a license to engage in the fire protection sprinkler system business for any of the reasons listed in WAC 212-80-205. The director may suspend or revoke the license or the certificate holder's certificate to engage in the fire protection sprinkler system business for any of the reasons listed in WAC 212-80-205.
AMENDATORY SECTION (Amending WSR 09-01-114, filed 12/19/08, effective 1/19/09)
WAC 212-80-068 License renewals.
(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, prior to)) must renew their license before 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.
(3) Failure of any license holder)). Any contractor not wishing to renew their license at the beginning of the year should notify the director of the intention not to renew.
(2) What happens if the contractor does not renew its license by the expiration date? A licensed contractor 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:
(a) Not execute contracts for the design, installation, inspection, testing, maintenance or repair of fire protection sprinkler systems or any part of such a system in the state of Washington.
(b) Submit a new license application pursuant to WAC 212-80-053 to obtain a fire sprinkler protection system contractor license.
(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;
(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.
AMENDATORY SECTION (Amending WSR 09-01-114, filed 12/19/08, effective 1/19/09)
WAC 212-80-073 ((Prorated)) Fire protection sprinkler system contractor license fees.
(1) Initial application fee is one hundred dollars only charged once when a person makes the initial application for any fire protection sprinkler system contractor license.
(2) Annual license fee is paid by the contractor when:
(a) Submitting the application for a license; or
(b) Renewing the fire sprinkler system license. The annual license fees for each contractor license level are:
Level 1 | $100 | ||
Level 2 | $300 | ||
Level 3 | $1,500 | ||
Level U | $1,500 | ||
Level I&T | $1,000 |
(3) Except as provided by (b) of this subsection, the ((initial)) annual license fee ((shall)) as provided by 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.
((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).)) |
(b) When the director finds that a contractor performed work covered by this chapter and chapter 18.160 RCW, the contractor must pay the full annual licensing fees, in addition to any penalties assessed by the director for unlicensed operation(s).
(c) The prorated fees are as follows:
Fire Sprinkler System Contractor Initial Prorated License Fees |
|||||
Month |
1 |
2 |
3 |
U |
I&T |
January |
$100.00 |
$300.00 |
$1,500.00 |
$1,500.00 |
$1,000.00 |
February |
$92.00 |
$275.00 |
$1,375.00 |
$1,375.00 |
$920.00 |
March |
$83.00 |
$250.00 |
$1,250.00 |
$1,250.00 |
$830.00 |
April |
$75.00 |
$225.00 |
$1,125.00 |
$1,125.00 |
$750.00 |
May |
$67.00 |
$200.00 |
$1,000.00 |
$1,000.00 |
$670.00 |
June |
$58.00 |
$175.00 |
$875.00 |
$875.00 |
$580.00 |
July |
$50.00 |
$150.00 |
$750.00 |
$750.00 |
$500.00 |
August |
$42.00 |
$125.00 |
$625.00 |
$625.00 |
$420.00 |
September |
$33.00 |
$100.00 |
$500.00 |
$500.00 |
$330.00 |
October |
$25.00 |
$75.00 |
$375.00 |
$375.00 |
$250.00 |
November |
$17.00 |
$50.00 |
$250.00 |
$250.00 |
$170.00 |
December |
$8.00 |
$25.00 |
$125.00 |
$125.00 |
$80.00 |
(4) Certificate fees are nonrefundable once the director has issued the certificate.
(5) The director will invoice the annual license fees for renewal to the contractor and the certificate holders. Contractors may receive invoices for the certificate holders they employ.
AMENDATORY SECTION (Amending WSR 09-01-114, filed 12/19/08, effective 1/19/09)
WAC 212-80-078 Contractor surety bonds.
(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)) 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)).
SURETY BOND REQUIREMENT CHART
Level | 1 | 2 | 3 | U | I&T |
Building Type By NFPA Standard | NFPA 13D | NFPA 13R | NFPA 13 | NFPA 24 | NFPA 25 |
Bond Amount | $6,000 | $6,000 | $10,000 | $10,000 | $6,000 |
This is a separate bond from the one obtained to license with L&I. | |||||
(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.
(b) The cash or other security substitute will be released one year after the expiration of the fire protection system contractor license issued by the director provided that there are no claims against the bond.
(3) What notice is required for cancellation of a bond? A cancellation of a surety bond or insurance policy is effective thirty days after the director receives the cancellation notice or upon the cancellation date as specified by the surety company whichever occurs first. The cancellation notice must be sent to the director by certified or registered mail and contain the following information in this order:
(a) The name of the contractor, exactly as it appears on the contractor's license;
(b) The contractor's license number (as issued by the department of labor and industries);
(c) The contractor's business address;
(d) The number of the bond or insurance policy that is to be canceled; and
(e) The effective date of the bond that is to be canceled.
(4) What happens if the bond is canceled or expires without renewal? If the surety company cancels or revokes the bond or a withdrawal of the surety company from the bond occurs, the director will suspend both the fire protection sprinkler system contractor license issued to the contractor, and the certifications of employee(s) employed by the contractor pursuant to WAC 212-80-205. The director may rescind the suspension action when the contractor files a new bond or reinstatement notice. The director will provide written notice to both the contractor and certificate holders of the license or certificate suspension action. This subsection does not apply to the certificates of commercial or residential installers under chapter 18.270 RCW.
FIRE SPRINKLER CERTIFICATE ((OF COMPETENCY)) HOLDER
AMENDATORY SECTION (Amending WSR 09-01-114, filed 12/19/08, effective 1/19/09)
WAC 212-80-083 Stamps for NFPA 13D, 13R, and 13 systems certificate holders.
(((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 by this chapter.
(1) Will the stamp come with my certification? When the director issues a certificate, the director will provide a Level 1, Level 2, Level 3, and Level U certificate holder the information necessary to order a stamp. The cost of the stamp and obtaining a stamp will be the responsibility of the certificate holder.
(2) What is required on the stamp? The stamp will conform to the following appearance specifications:
(a) The name and certification number of the certificate holder;
(b) The name and license number of the certificate holder's employer;
(c) The expiration date of the current certificate; and
(d) A place for the signature of the design certificate holder and the date of the signature.
(3) When is the stamp required to be used? An original stamp and signature must appear in an easily recognizable manner on:
(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.
(((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))
(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.
(5) What are the documentation requirements for inspection and testing technicians? Inspection and testing technicians must affix the certificate number and signature on all bids or documents related to the inspection and testing of a fire protection sprinkler system. The inspection and testing technician may affix the certificate number by handwriting or digital signature.
(6) Can documentation be provided using an electronic record?
(a) Yes. Electronic records may be submitted provided that:
(i) The electronic record must meet the applicable requirements of chapter 18.160 RCW and this chapter; and
(ii) The signature is an original "wet" signature, written by hand and applied by the identified registrant or a digital signature.
(b) The following guidelines will be used when submitting electronic records:
(i) An electronic stamp may be embedded in an electronic document as part of a template, drawing border, or cover sheet.
(ii) The certificate holder is responsible for ensuring that the stamp is only affixed to documents personally prepared by or under his or her direct supervision.
(iii) If the stamp is combined with a digital signature into a single graphic entity, then it must:
(A) Be affixed by the certificate holder in conjunction with the certificate holder applying his or her digital signature to the document;
(B) Include a scanned image of a "wet" signature; and
(C) Be affixed only to the final documents.
(iv) A digital signature must be affixed by the certificate holder to final documents that are distributed as an electronic record to meet the requirements of this section. The certificate holder must maintain exclusive control of the passwords, private key, or security device that allows access to his or her digital signature.
(7) What are the violations of this section?
(a) A certificate holder altering, forging, or falsifying a certification stamp in order to submit bids or documents related to fire protection sprinkler system plans, calculations, permits, or any other documents that show the stamp being valid, constitutes a level 3 violation.
(b) A certificate holder using a stamp from previous employment with a licensed contractor while employed by another licensed contractor will constitute a level 2 violation.
(c) A certificate holder using an issued stamp from previous employment with a licensed contractor while not currently employed by a licensed contractor will constitute a level 3 violation.
(d) A certificate holder using an expired stamp will constitute a level 3 violation.
(e) A certificate holder stamping documents that have been forwarded to the authority having jurisdiction for approval that were not prepared by the certificate holder or an individual under his or her direct supervision constitutes a level 3 violation.
(f) A certificate holder failing to affix the certificate stamp or inspection testing technician's number and signature on inspection forms constitutes a level 1 violation.
(g) A certificate holder obtaining a certification stamp while not holding a current and valid certificate holder constitutes a level 3 violation.
(8) May a licensed contractor hired by a person who has obtained a building, structure, or property through a foreclosure process complete the installation using a previous licensed fire protection sprinkler system contractor's design, uncompleted installation, and permit? No. The licensed contractor must submit new plans with the certificate holder's stamp affixed and obtain a new permit from the authority having jurisdiction for work that will be done under the licensed contractor's supervision. The decision to remove piping must be made in consultation with the authority having jurisdiction. The licensed contractor must obtain approval from the authority having jurisdiction for any portion of the fire protection sprinkler system that was not previously inspected and approved by the authority having jurisdiction.
AMENDATORY SECTION (Amending WSR 09-01-114, filed 12/19/08, effective 1/19/09)
WAC 212-80-088 Contractor's materials and test certificates.
(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.
(4) The certificate holder will not allow his or her stamp to be used to complete the contractor's materials and test certificate(s) that were not prepared personally by the certificate holder or under his or her direct supervision. Failure to comply with this subsection constitutes a level 2 violation.
AMENDATORY SECTION (Amending WSR 09-01-114, filed 12/19/08, effective 1/19/09)
WAC 212-80-093 Certificate ((of competency)) holder certification ((for Level 1 design, Level U, Level 2, and Level 3)).
((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 contractor. All applications for a certificate must be submitted with the fire protection sprinkler system contractor's license application. A certificate application will not be processed without the fire protection sprinkler system contractor's license application. All applications must be made on the forms provided by the director and include the required fees provided by WAC 212-80-098 and documentation for the required level of certification as provided by this section.
(a) For ((State)) Level 1 design certification, the applicant must:
(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.
(b) For Level 2 design certification, the applicant must:
(i) Present a copy of a current certificate from the National Institute for Certification in Engineering Technologies showing that the applicant has achieved a Level 2 in the field of water-based fire protection systems layout; or
(ii) Be a Washington licensed professional engineer.
(c) For Level 3 design certification, the applicant must either:
(i) Present a copy of a current certificate from the National Institute for Certification in Engineering Technologies showing that the applicant has achieved a Level 3 in the field of water-based fire protection systems layout; 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 certification, the applicant must:
(i) Possess a National Institute for Certification and Engineering Technologies Inspection, Testing and Maintenance Level 2 or Level 3 certification; and
(ii) Perform work consistent with the employing contractor's licensing level.
(f) For journey-level sprinkler fitter certification, the applicant must:
(i) Provide evidence on the forms provided by the director of at least eight thousand hours of trade related fire protection sprinkler system experience in installation and repair;
(ii) Not have more than three thousand hours of experience in residential sprinkler fitting; and
(iii) Satisfactorily pass an examination provided by the director with a final score of eighty percent.
(g) For residential sprinkler fitter certification, the applicant must:
(i) Provide evidence on the forms provided by the director, of at least four thousand hours of trade related fire protection sprinkler system experience in installation, repair, and maintenance; and
(ii) Satisfactorily pass an examination provided by the director with a final score of eighty percent.
(h) For journey- or residential-level sprinkler fitter training certification, except as provided by (g)(i) of this subsection, the applicant must:
(i) Provide evidence to the director, on the forms provided by the director, of trade related employment by a licensed contractor;
(ii) Remain employed by a licensed contractor to maintain trainee status; and
(iii) Only engage in the fire protection sprinkler system trade when under the supervision of a certified journey level or residential installer.
(i) A professional engineer is exempt from certification when acting solely in a professional capacity. ((Such)) The professional engineer ((shall comply with all other requirements of this regulation including payment of fees, completion of the)) must:
(i) Be licensed by the department of licensing;
(ii) Obtain a Level 1, Level 2, or Level 3 certificate;
(iii) Properly register with the department of licensing;
(iv) Complete the application process((,)) for certification provided by WAC 212-80-093;
(v) Pay fees provided by WAC 212-80-073; and ((supplying))
(vi) Supply the director ((of fire protection)) with proof that ((the applicant)) he or she 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
(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))) (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.))
Certificate of Competency Holder Requirements | ||||
Certificate of Competency Level | Application Required | Certification or Exam Required | Stamp Issued | Type of work performed by Certificate Holder |
Level 1 | Yes | NICET Level 2 or Pass an Exam (See (a) of this subsection) | Yes | Designs fire sprinkler systems |
Level 2 | Yes | NICET Level 2 (See (b) of this subsection) | Yes | Designs fire sprinkler systems |
Level 3 | Yes | NICET Level 3 or 4 (See (b) of this subsection) | Yes | Designs fire sprinkler systems |
Level "U" | Yes | Pass an Exam (See (c) of this subsection) | Yes | Supervises or performs the underground installation of fire sprinkler system piping regardless of the level it will be at the above ground connection, (i.e., Level 1, 2, or 3) |
Inspection, Testing Technician (ITT) Employed by an Inspection & Testing Contractor | Yes | NICET Level 2 (See (d) of this subsection) | No | Performs inspection or testing on NFPA 13D, 13R, or 13, wet and dry pipe fire protection systems only |
Inspection, Testing Technician (ITT) Employed by a Level 1 or 2 Contractor | Yes | NICET Level 2 (See (d) of this subsection) | No | Performs inspection, testing and maintenance on NFPA 13D, 13R, or 13, wet and dry pipe fire protection systems only |
Inspection, Testing Technician (ITT) Employed by a Level 3 Contractor | Yes | NICET Level 2 (See (d) of this subsection) | No | Same as ITT above and includes the testing of other fire protection systems such as preaction, deluge, foam, or fire pump |
Journey Sprinkler Fitter | Yes | Pass an Exam (See (e) of this subsection) | No | Installs and repairs NFPA 13D, 13R, or 13 fire sprinkler systems |
Residential Sprinkler Fitter | Yes | Pass an Exam (See (f) of this subsection) | No | Installs, repairs, and performs maintenance on fire sprinkler systems in residential occupancies |
Professional Engineer (P.E.) Licensed in Washington State | No | Licensed with department of licensing | By DOL | Designs fire sprinkler systems |
(3) All information submitted by an applicant to the director to apply for a certificate must be true and accurate. If the director finds that information or documents submitted by an applicant is false, misleading, or has been altered in an effort to meet the requirements provided by this chapter, the finding will constitute a level 3 violation.
(4) A violation of this section that involves performing fire protection sprinkler system work:
(a) Without a license or certificate, or with a license or certificate that has been expired for one or more years is a level 3 violation.
(b) With a license or certificate that has been expired for more than ninety days and less than one year is a level 2 violation.
(c) With a license or certificate that has been expired less than ninety days is a level 1 violation.
AMENDATORY SECTION (Amending WSR 09-01-114, filed 12/19/08, effective 1/19/09)
WAC 212-80-098 ((Applications/)) Fees for certificate ((of competency)) holder.
(((1) Every applicant for a certificate of competency shall apply to the chief of the Washington state patrol, through the director of fire protection, on application forms provided and pay the fees required.
(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)) 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, 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 renewal. The annual renewal fee:
(a) Is in addition to the initial application fee paid for the initial application; and
(b) Does not apply to journey, residential, or trainee sprinkler fitter certifications.
(3) Prorated fee is the initial certification fee prorated based on the portion of the year the certification is in effect before renewal on January 1st.
(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.
(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))) The prorated fees are as follows:
Annual Certificate Prorated Fees |
||
January | $50 | |
February | $44 | |
March | $40 | |
April | $36 | |
May | $32 | |
June | $28 | |
July | $24 | |
August | $20 | |
September | $16 | |
October | $12 | |
November | $8 | |
December | $4 | |
(4) Certificate fees are nonrefundable once the certificate has been issued.
AMENDATORY SECTION (Amending WSR 05-05-006, filed 2/4/05, effective 3/7/05)
WAC 212-80-108 Certificate ((of competency)) not transferable.
(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.
AMENDATORY SECTION (Amending WSR 09-01-114, filed 12/19/08, effective 1/19/09)
WAC 212-80-113 Certificate ((of competency)) holder employment.
(1) What are the employment requirements for a certificate holder?
(a) In no case ((shall)) will a certificate ((of competency)) holder be employed full time by more than one ((fire protection sprinkler system)) licensed contractor at the same time.
(((2))) (b) If the certificate ((of competency)) holder should leave the employment of the ((fire protection sprinkler system)) licensed 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:
(a) Any current certificate holder for the license and certification year who is no longer employed by a licensed contractor will become "INACTIVE," unless he or she is a journey, residential or trainee sprinkler fitter. An "INACTIVE" certificate will:
(i) Not be issued a physical certificate;
(ii) Not allow the certificate holder to perform any work in the fire protection sprinkler system trade as a certificate holder until the certificate holder is employed by a licensed contractor licensed by the director. When an "INACTIVE" certificate holder is employed by a licensed contractor the director will reissue a certificate to the certificate holder;
(iii) Expire at the end of the current licensing and certification cycle and cannot be renewed as "INACTIVE."
(b) The "QUALIFIED EXEMPT" certification allows persons who are considered exempt from the licensing or certification requirements of chapter 18.160 RCW and this chapter and not currently working for a licensed contractor, to obtain evidence of qualification while working for an employer who requires a knowledge and skill base of fire protection sprinkler systems.
(i) A "QUALIFIED EXEMPT" certificate:
(A) Will not be used for work under contract.
(B) May be issued to:
(I) An employee of the United States, state or local government, building officials, fire marshals, fire inspectors, or insurance inspectors when acting in their official capacities.
(II) A person who performs maintenance or other duties for an employer, and performs work on only his or her employer's fire protection sprinkler system.
(III) A person who works for an industry ancillary to the fire protection sprinkler system contracting trade that is regulated by chapter 18.160 RCW.
(ii) A "QUALIFIED EXEMPT" certificate holder will:
(A) Bear "QUALIFIED EXEMPT" on the certificate and listing post on the internet and the person's level of certification.
(B) Be issued a physical certificate.
(C) Not be issued a stamp.
AMENDATORY SECTION (Amending WSR 09-01-114, filed 12/19/08, effective 1/19/09)
WAC 212-80-118 Certificate ((of competency)) renewals.
(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.
(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.
(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.
(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))). A sprinkler fitter certificate holder will be sent a renewal form by the director to renew the certificate.
(c) Certificates for sprinkler fitter trainees must be renewed by January 1st of every even-numbered year.
(i) Trainees who have a current certificate will be sent a renewal form by the director to renew their certificate.
(ii) The certificate will not be renewed if the trainee is not currently employed by a licensed contractor.
(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 having to)) him or her:
(((a) File)) (i) Filing a new 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))); and
(ii) Successfully ((pass)) passing the written examination required by this chapter.
(2) What happens if the certificate holder does not renew his or her application by the expiration date? Failure of a certificate holder to renew his or her certificate by the expiration date will constitute a break in certification. For certificates that are expired for:
(a) Less than two consecutive calendar years, the certificate holder may renew by submitting a renewal application provided by the director and applicable fees.
(b) Two or more calendar years, the certificate holder must submit a new application with evidence of qualification and applicable fees for a new certificate.
Those who were qualified under the grandfathering process will need to show evidence of qualification meeting the current requirements.
(3) Are there reasons why the director would not renew a certificate? Yes. The director will not renew a certificate if:
(a) The certificate holder is employed by a fire protection sprinkler system contractor who has not submitted for a renewal of its license; or
(b) The certificate is in a revoked or suspended status.
AMENDATORY SECTION (Amending WSR 09-01-114, filed 12/19/08, effective 1/19/09)
WAC 212-80-123 Voluntary relinquishment of certificates ((of competency)).
(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.
((FIRE PROTECTION SYSTEMS INSPECTION AND TESTING CONTRACTOR))
((INSPECTION AND TESTING TECHNICIAN))
AMENDATORY SECTION (Amending WSR 05-17-099, filed 8/16/05, effective 9/16/05)
WAC 212-80-165 ((Inspection and testing of water based fire protection systems.)) Certificate holder requirements and limitations.
(((1) All inspection and testing certificates, documentation, and/or other such records of work shall have affixed to them the inspection and testing technician number as provided by the chief of the Washington state patrol, through the director of fire protection, and shall possess the signature of the inspection and testing technician and the date of signature.
(2) Under no condition shall any employee working for a sprinkler system inspection and testing contractor perform any inspection and testing work on a water based fire protection system unless they possess certification as a competent inspection and testing technician by the chief of the Washington state patrol, through the director of fire protection.
(3) Wallet cards shall be issued by the chief of the Washington state patrol, through the director of fire protection, and shall contain the name and technician number of the inspection and testing technician, the expiration date of the current certification, a place for the signature of the inspection and testing technician, and the date of the signature.
(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.
(2) Can the authority having jurisdiction or the director inspect the wallet cards? Yes. The authority having jurisdiction or director may request a certificate holder to display his or her wallet card. Failure to display a wallet card upon request constitutes a level 1 violation.
((REVOCATION OF LICENSE/CERTIFICATE)) ENFORCEMENT AND COMPLIANCE
AMENDATORY SECTION (Amending WSR 09-01-114, filed 12/19/08, effective 1/19/09)
WAC 212-80-205 Suspension or revocation of licenses or certificates.
(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 provision of chapter 18.160 or 18.270 RCW or any provision of this chapter while he or she is engaged in the design, installation, inspection, testing, maintenance, or repair, of a fire sprinkler system or any part of such system.
(2) What actions result in suspension, revocation or civil penalties against a fire protection sprinkler system contractor licensee or certificate holder?
(a) Gross incompetence ((or)) - The licensed contractor 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 mean 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 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 chapter 18.160 or 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. Violations for gross negligence identified and enforced by the authority having jurisdiction must:
(i) Show a pattern of performance issues or repetitive violations of chapter 18.160 or 18.270 RCW, or this chapter to the director;
(ii) Demonstrate that the pattern of performance issues or repetitive violations have occurred in any jurisdiction within the state of Washington beginning no more than five years from the date the authority having jurisdiction's investigation commences; and
(iii) Provide documentation to show the licensed contractor or certificate holder's gross negligence including, but not limited to:
(A) Correspondence between the licensed contractor or certificate holder and the local authority having jurisdiction that identifies violations of work that do not comply with the applicable standards;
(B) Failed permit or work inspections;
(C) Issued stop work order;
(D) Investigations resulting from a complaint;
(E) Violation notices; or
(F) Issued citations or infractions.
(c) ((Fraudulent or)) Dishonest practices ((while engaging in the)) - The licensed contractor or the certificate holder will not engage in dishonest fire protection sprinkler systems business practices that include, but are not limited to:
(i) Charging customers for work not performed. When a licensee is suspended, revoked, or denied, as part of a complaint investigation where the licensed contractor or certificate holder received payment for supplies or work not performed and did not return the funds to the person contracting for the service, the director may upon receipt of a renewal application require that the licensed contractor or certificate holder pay restitution as a condition to renew the license.
(ii) Receiving down payments on work that the licensed contractor or the certificate holder is not licensed or certified to perform.
(iii) Implying either verbally or in writing that either the licensed contractor or the certificate holder possesses the appropriate license or certificate to bid on or complete fire sprinkler work when he or she does not have that fire protection sprinkler system contractor license or certification level.
(iv) Performing certification, installation, inspection, testing, or maintenance for a water based fire protection sprinkler system or equipment contrary to the National Fire Protection Association codes, National Fire Protection Association standards, or manufacturer's specifications.
(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 comply with the fire protection sprinkler system business practices that include, but are not limited to a licensed contractor:
(i) Offering to contract for fire protection sprinkler system work without currently employing a certificate holder.
(ii) Requiring or allowing employees to falsify any sprinkler tags, labels, or inspection reports.
(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 personally by the certificate holder 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.
(3) Will a licensed contractor or certificate holder be notified if action is taken against their license or certification? Yes. The licensed contractor or certificate holder will be notified in writing of the denial, suspension, or revocation action.
(4) What is the process for the director to deny, suspend, or revoke a license or certificate? The director may deny, suspend, or revoke a license or certificate under the following process:
(a) The director must give the licensed contractor or certificate holder notice of the action and an opportunity to be heard as prescribed in chapter 34.05 RCW before the denial, suspension, or revocation of the license or certificate.
(b) Upon receiving notice of the denial, suspension, or revocation action, the licensed contractor or certificate holder may, within thirty days from the date of the notice of action, request in writing to the director a hearing on the denial, suspension, or revocation of the license or certificate. An adjudicative proceeding will be commenced within ninety days of the receipt of a hearing request. Failure to request a hearing, or failure to appear at a requested hearing, a prehearing conference, or any other stage of an adjudicative proceeding, will constitute default and may result in the entry of a final order under RCW 34.05.440.
(c) Upon receiving a hearing request, the director may, at the request of the licensed contractor or certificate holder, or on his or her own initiative, schedule an informal settlement conference which will be without prejudice to the rights of the parties. The informal settlement conference will be held in Thurston County at a mutually agreed upon time and may result in a settlement agreement. If no agreement is reached, a hearing will be scheduled as outlined in chapter 34.05 RCW.
(d) The director may, without prior notification to the licensed contractor or certificate holder, deny, suspend, or revoke a license or certificate if the director finds that there is a danger to the public health, safety, or welfare that requires immediate action. In every summary suspension of a license or certificate, an order signed by the director or designee must be entered, in compliance with the provisions of RCW 34.05.479. Administrative proceedings consistent with chapter 34.05 RCW for revocation or other action shall be promptly instated and determined. The director must give notice as is practicable to the licensed contractor or certificate holder.
(5) What are the penalties associated with performing fire protection sprinkler system work while a license or certificate is denied, suspended, or revoked?
(a) Any person engaged in the trade of designing, installing, inspecting, testing, maintaining, or repairing a fire protection sprinkler systems or any part of such system while his or her license or certificate is denied, suspended, or revoked, will be issued a level 3 violation.
(b) Any licensed or unlicensed fire protection sprinkler system contractor that allows an employee or trainee to engage in the trade designing, installing, inspecting, testing, maintaining, or repairing a fire protection sprinkler system or any part of such a system while his or her license or certificate has been denied, suspended, or revoked, will be issued a level three violation.
((CIVIL PENALTIES AND FINES))
AMENDATORY SECTION (Amending WSR 09-01-114, filed 12/19/08, effective 1/19/09)
WAC 212-80-210 Imposing citations and civil penalties.
(1) Who may issue civil penalties or citations? The ((chief of the Washington state patrol, through the)) director ((of fire protection,)) may impose civil penalties ((and/or)) or fines to any licensed ((company or certified individual who)) contractor or certificate holder that violates any provision of chapter((s)) 18.160((,)) or 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)) or fines listed herein to any unlicensed ((company)) contractor or uncertified ((individual)) person who operates in the state of Washington as a licensed ((company and/or certified individual)) fire protection sprinkler system contractor or certificate holder. The director will record all violations.
(2) When may civil penalties or citations be issued? The director may issue a citation when an investigation verifies that the fire protection sprinkler system contractor or certificate holder was not in compliance with or otherwise in violation of chapter 18.160 or 18.270 RCW, or this chapter.
(3) What is a violation? A violation is an action by a person who engages in the design, installation, inspection, testing, maintenance, or repair of a fire protection sprinkler system or any part of such a system, and fails to comply with chapter 18.160 or 18.270 RCW, or this chapter.
(4) Is there a statute of limitations for a violation? The director must take action on a license or certificate within five years after the violation is reported to the director.
AMENDATORY SECTION (Amending WSR 09-01-114, filed 12/19/08, effective 1/19/09)
WAC 212-80-215 Citations and penalties.
(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 by the chart below:
Violation Level |
Monetary Penalty Issued |
Action Taken Against License and/or Certificate |
1 |
Warning to $200 |
License: No action |
Certificate: No action |
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2 |
$100 to $500 |
License: Suspended immediately for remainder of the license year or thirty calendar days, whichever is longer. |
Certificate: Suspended immediately for remainder of the license year or thirty calendar days, whichever is longer. |
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Certificate: If the individual is not part of the violation but will be affected by the loss of the employer's contractor license, the certificate will be changed to INACTIVE status until the contractor obtains a valid license or the certificate holder has a new employer. |
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3 |
$500 to $5,000 |
License: Suspended immediately for remainder of the license year or ninety calendar days, whichever is longer. |
Certificate: Suspended immediately for remainder of the license year or ninety calendar days, whichever is longer. |
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Certificate: If individual is not part of the violation but will be affected by the loss of the employer's contractor license, the certificate will be changed to INACTIVE status until the contractor obtains a valid license or the certificate holder has a new employer. |
(2) What action can be taken against a licensed contractor or certificate holder for repeat violations? If a licensed contractor or certificate holder has incurred multiple findings of the same violation over a period of time, the director may classify the licensed contractor or certificate holder as a habitual offender and issue either an increased monetary penalty or the action against the license or certificate depending on the severity of the violation(s) evidenced in multiple investigations as provided by the chart below:
Violation Level |
Monetary Penalty Issued |
Violation Level and Action Taken Against License and/or Certificate |
1 |
$100 to $500 |
Evidence of three or more level 1 violations without compliance over a period of two calendar years constitutes an increase to a level 2 violation. |
2 |
$500 per violation |
Evidence of three or more level 2 violations without compliance over a period of two calendar years constitutes an increase to a level 3 violation. License: Suspended immediately for remainder of the license year or sixty calendar days, whichever is longer. Certificate: Suspended immediately for remainder of the license year or sixty calendar days, whichever is longer. Certificate: If individual is not part of the violation but will be affected by the loss of the employer's contractor license, the certificate will be changed to INACTIVE status until the contractor obtains a valid license or the certificate holder has a new employer. |
3 |
$2,500 per violation |
Evidence of two to five violations without compliance over a period of three calendar years constitutes an increase to a level 3 violation. License: Suspended immediately for remainder of the license year or one hundred eighty calendar days, whichever is longer. Certificate: Suspended immediately for remainder of the license year or one hundred eighty calendar days, whichever is longer. Certificate: If individual is not part of the violation but will be affected by the loss of the employer's contractor license, the certificate will be changed to INACTIVE status until the contractor obtains a valid license or the certificate holder has a new employer. |
$5,000 per violation |
Evidence of six violations without compliance over a period of three calendar years constitutes an increase to a level 3 violation. License: Suspended immediately for the remainder of the license year and subsequent license year. Certificate: Suspended immediately for the remainder of the certificate year and subsequent certificate year. Certificate: If individual is not part of the violation but will be affected by the loss of the employer's contractor license, the certificate will be changed to INACTIVE status until the contractor obtains a valid license or the certificate holder has a new employer. |
(3) If I receive a violation notice imposing a civil penalty, how do I resolve the civil penalty?
(a) Pay the penalty by returning the notice and payment to the director at State Fire Marshal's Office, P.O. Box 42600, Olympia, WA 98504-2600 within thirty days from the date the penalty was issued. Payments must be made by check or money order payable to the Washington state patrol.
(b) Request an informal conference as outlined in WAC 212-80-235.
(c) Request a formal hearing as outlined in WAC 212-80-205 or 212-80-240.
AMENDATORY SECTION (Amending WSR 05-05-006, filed 2/4/05, effective 3/7/05)
WAC 212-80-235 Informal conference.
(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 by the director 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 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.
AMENDATORY SECTION (Amending WSR 05-05-006, filed 2/4/05, effective 3/7/05)
WAC 212-80-240 Formal hearing.
(1) ((A)) Any person may request a formal hearing to appeal 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 request 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((.
(3) The chief of the Washington state patrol, through the director of fire protection, will set a date, time, and location for 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.
AMENDATORY SECTION (Amending WSR 09-01-114, filed 12/19/08, effective 1/19/09)
WAC 212-80-245 Penalty adjustments.
(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 chapter((s)) 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.
AMENDATORY SECTION (Amending WSR 09-01-114, filed 12/19/08, effective 1/19/09)
WAC 212-80-250 Payment of civil penalty.
(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 the hearing. Failure to comply with the payment plan will void the payment plan and the remaining balance must be paid by the next business day.
(3) What happens if I fail to pay the civil penalty? If the licensed contractor or certificate holder fails to pay the full penalty or comply with the payment plan as provided by subsection (2) of this section:
(a) The license or certificate of competency will be revoked for the remainder of the current license or certificate year and will not be reinstated or renewed until the penalty is paid in full.
(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.
REPEALER
The following sections of the Washington Administrative Code are repealed:
WAC 212-80-020 |
Right of appeal. |
WAC 212-80-028 |
License and certificate posting. |
WAC 212-80-043 |
Qualifications for preparation of layout drawings, installations, inspections, testing, or maintenance. |
WAC 212-80-096 |
Certificate of competency certification for journey-level sprinkler fitter, residential sprinkler fitter, and trainees. |
WAC 212-80-103 |
Temporary design certificate of competency. |
WAC 212-80-128 |
Certificate of competency prorated fees. |
WAC 212-80-133 |
Sprinkler system inspection and testing contractor. |
WAC 212-80-138 |
Sprinkler system inspection and testing contractor—Work allowed by this license. |
WAC 212-80-140 |
Inspection and testing license not transferable. |
WAC 212-80-145 |
Sprinkler system inspection and testing contractor responsibilities. |
WAC 212-80-150 |
Inspection and testing contractor license renewals. |
WAC 212-80-155 |
Sprinkler system inspection and testing contractor—Prorated fees. |
WAC 212-80-160 |
Sprinkler system inspection and testing contractor—Surety bonds. |
WAC 212-80-170 |
Inspection and testing technicians—Work allowed by this certification. |
WAC 212-80-175 |
Inspection and testing technician—Certification. |
WAC 212-80-180 |
Application/fees for inspection and testing technician certification. |
WAC 212-80-185 |
Inspection and testing technician certification not transferable. |
WAC 212-80-188 |
Inspection and testing technician employment. |
WAC 212-80-190 |
Inspection and testing technician renewal certificates. |
WAC 212-80-195 |
Inspection and testing technician—Prorated fees. |
WAC 212-80-200 |
Suspension or revocation of licenses. |
WAC 212-80-220 |
General rules of citations and penalties. |
WAC 212-80-225 |
Violation types, instances, and penalty assessments. |
WAC 212-80-230 |
Hearings. |
WAC 212-80-255 |
Type I (minimal) violations. |
WAC 212-80-260 |
Type II (moderate) violations. |
WAC 212-80-265 |
Type III (serious) violations. |