Senate Bill Report SB 5880 (Jan. 18, 2022)

Summary

A Senate Bill Report on SB 5880, an act relating to fire protection sprinkler system contractors, as of January 18, 2022, prepared for the Senate Committee on Business, Financial Services & Trade, which heard the bill on 1/20/22. The sponsors are Senators Salomon, Conway, Keiser, Liias, Lovick, Nobles and Van De Wege. The report states that the bill raises license fee caps from $100 to $200 for NFPA 13D contractors and from $300 to $600 for NFPA 13R contractors, and requires the State Director of Fire Protection to impose disciplinary action when warranted. It raises the maximum fine for failing to obtain a certificate of competency from $5,000 to $10,000 for a first infraction and creates the Fire Protection Compliance Account for fines and fees. The report notes a fiscal note requested on January 17, 2022.

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Full text

                             SENATE BILL REPORT
                                   SB 5880

                                      As of January 18, 2022

Title: An act relating to fire protection sprinkler system contractors.

Brief Description: Concerning fire protection sprinkler system contractors.

Sponsors: Senators Salomon, Conway, Keiser, Liias, Lovick, Nobles and Van De Wege.

Brief History:
     Committee Activity: Business, Financial Services & Trade: 1/20/22.


                                      Brief Summary of Bill
           • Increases licensing fees for fire protection sprinkler system contractors.
           • Increases the fines and penalties the State Director of Fire Protection can
             impose on contractors.
           • Directs the State Director of Fire Protection to impose disciplinary action
             on contractors when warranted.
           • Creates the Fire Protection Compliance Account for all fines and
             licensing fees collected by the State Director of Fire Protection.


SENATE COMMITTEE ON BUSINESS, FINANCIAL SERVICES & TRADE

     Staff: Clinton McCarthy (786-7319)

     Background: A fire protection sprinkler system contractor is a person or organization that
     offers to undertake the execution of contracts for the installation, inspection, maintenance,
     or servicing of a fire protection sprinkler system or any part of such a system. A fire
     protection sprinkler system is an assembly of underground and overhead piping or conduit,
     or both, 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




     This analysis was prepared by non-partisan legislative staff for the use of legislative
     members in their deliberations. This analysis is not part of the legislation nor does it
     constitute a statement of legislative intent.

Senate Bill Report                              -1-                                             SB 5880
     extinguish, control, or contain fire and to provide protection from exposure to fire or other
     products of combustion. A certificate of competency holder is an individual who has
     satisfactorily met the qualifications and has received a certificate of competency from the
     State Director of Fire Protection (director).

     The director administers examinations, issues certificates of competency, and licenses fire
     protection sprinkler system contractors in accordance with statute. License fees are
     deposited into the fire protection contractor license fund. These funds may be used only for
     licensing, inspection, and other purposes authorized by current law.

     The director may suspend or revoke a fire protection sprinkler system contractor's license,
     or establish penalties for the following reasons: fraudulent or dishonest business practices;
     misrepresentation in obtaining a license; conviction of a felony; or gross incompetency or
     gross negligence in the preparation of technical drawings, or in the installation, repair,
     inspection, maintenance, or addition to a fire protection sprinkler system.

     NFPA 13D is a residential sprinkler design standard focused on one and two- family
     dwellings and manufactured homes. NFPA 13R is a residential sprinkler design standard
     focused on low-rise residential occupancies.

     The current licensing fees for fire protection sprinkler system contractors are as follows:
        • $100 for contractors that work on NFPA 13D systems; and
        • $300 for contractors that work on NFPA 13R systems.

     Summary of Bill: Increases Certain Licensing Fees. The cap on license fees for fire
     protection sprinkler system contractors that work on NFPA 13D fire protection sprinkler
     systems is raised from $100 to $200. The cap on license fees for fire protection sprinkler
     system contractors that work on NFPA 13R fire protection sprinkler systems is raised from
     $300 to $600.

     Duties of the State Director of Fire Protection. Permissive language providing the director
     with discretion on how to handle a licensed fire protection sprinkler system contractor when
     they are found to engage in unethical or illegal behavior is removed. The director must
     impose a disciplinary action on the contractor when the contractor engages in unethical or
     illegal behavior. The director can refuse to issue a license; refuse to renew a license; revoke
     a license or a certificate; or suspend a license or certificate.

     Permissive language allowing civil proceedings to enforce fire protection statutes are
     removed. The attorney general or prosecuting attorney of any county must bring civil
     proceedings forward to enforce the fire protection statutes. The director must investigate
     any alleged violation of the fire protection statutes.

     The director must provide a certificate holder with the renewal of a certificate through
     certified mail.


Senate Bill Report                              -2-                                         SB 5880
     Increases in Fines. The minimum fine levied against contractors that fail to obtain a
     certificate of competency are increased from $1,000 to $2,000. The maximum fine levied
     against contractors that fail to obtain a certificate of competency are increased from $5,000
     to $10,000 for the first infraction. For a second infraction, a fine cannot be less than $5,000
     and no more than $20,000. For a third infraction, a fine cannot be less than $10,000 and no
     more than $50,000.

     Creates the Fire Protection Compliance Account. The Fire Protection Compliance Account
     is established in the custody of the state treasury. All fines and licensing fees collected by
     the director are to be deposited into this account. Expenditures from the account may only
     be used for enforcing the fire protection statutes. The account is subject to allotment
     procedures, but no appropriation is required for expenditures.

     Appropriation: None.

     Fiscal Note: Requested on January 17, 2022.

     Creates Committee/Commission/Task Force that includes Legislative members: No.

     Effective Date: Ninety days after adjournment of session in which bill is passed.




Senate Bill Report                              -3-                                         SB 5880


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