Senate Bill 5880 - Fire Protection Sprinkler System Contractors (2022)

Summary

Senate Bill 5880, State of Washington, 67th Legislature, 2022 Regular Session, by Senators Salomon, Conway, Keiser, Liias, Lovick, Nobles, and Van De Wege, read first time 01/17/22 and referred to Committee on Business, Financial Services & Trade. The act relates to fire protection sprinkler system contractors and amends RCW 18.160.030 and other sections of the RCW. In the text, the license fee limit for contractors working solely on NFPA 13-D systems is changed from ((one hundred dollars)) to $200, and for NFPA 13-R systems from ((three hundred dollars)) to $600. Other sections change "may" to "must" for the director's authorized representative who investigates alleged violations and for the director who adopts rules.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

     S-3494.2

                               SENATE BILL 5880


     State of Washington       67th Legislature        2022 Regular Session

     By Senators Salomon, Conway, Keiser, Liias, Lovick, Nobles, and Van
     De Wege

     Read first time 01/17/22.      Referred   to   Committee   on   Business,
     Financial Services & Trade.




1        AN ACT Relating to fire protection sprinkler system contractors;
2    amending   RCW   18.160.030,   18.160.050,  18.160.080,  18.160.110,
3    18.160.120, 18.270.050, 18.270.070, and 18.270.900; and adding a new
4    section to chapter 18.160 RCW.


5    BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:


 6       Sec. 1.   RCW 18.160.030 and 2003 c 74 s 1 are each amended to
 7   read as follows:
 8       (1) This chapter shall be administered by the state director of
 9   fire protection.
10       (2) The state director of fire protection shall have the
11   authority, and it shall be his or her duty to:
12       (a) Issue such administrative regulations as necessary for the
13   administration of this chapter;
14       (b)(i) Set reasonable fees for licenses, certificates, testing,
15   and other aspects of the administration of this chapter. However, the
16   license fee for fire protection sprinkler system contractors engaged
17   solely in the installation, inspection, maintenance, or servicing of
18   NFPA 13-D fire protection sprinkler systems shall not exceed ((one
19   hundred dollars)) $200, and the license fee for fire protection
20   sprinkler system contractors engaged solely in the installation,


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 1   inspection, maintenance, or servicing of NFPA 13-R fire protection
 2   sprinkler systems shall not exceed ((three hundred dollars)) $600;
 3       (ii) Adopt rules establishing a special category restricted to
 4   contractors   registered  under   chapter   18.27  RCW   who   install
 5   underground systems that service fire protection sprinkler systems.
 6   The rules shall be adopted within ninety days of March 31, 1992;
 7       (iii) Subject to RCW 18.160.120, adopt rules defining infractions
 8   under this chapter and fines to be assessed for those infractions;
 9       (c) Enforce the provisions of this chapter;
10       (d) Conduct investigations of complaints to determine if any
11   infractions of this chapter or the regulations developed under this
12   chapter have occurred;
13       (e) Assign a certificate number to each certificate of competency
14   holder; and
15       (f) Adopt rules necessary to implement and administer a program
16   which requires the affixation of a seal any time a fire protection
17   sprinkler system is installed, which seal shall include the
18   certificate number of any certificate of competency holder who
19   installs, in whole or in part, the fire protection sprinkler system.


20       Sec. 2.   RCW 18.160.050 and 2018 c 37 s 1 are each amended to
21   read as follows:
22       (1)(a) All certificate of competency holders that desire to
23   continue in the fire protection sprinkler business shall annually,
24   prior to January 1st, secure from the state director of fire
25   protection a renewal certificate of competency upon payment of the
26   fee as prescribed by the state director of fire protection.
27   Application for renewal shall be upon a form prescribed by the state
28   director of fire protection and the certificate holder shall furnish
29   the information required by the director.
30       (b) Failure of any certificate of competency holder to secure his
31   or her renewal certificate of competency within ((sixty)) 60 days
32   after the due date shall constitute sufficient cause for the state
33   director of fire protection to suspend the certificate of competency.
34       (c) The state director of fire protection may, upon the receipt
35   of payment of all delinquent fees including a late charge, restore a
36   certificate of competency that has been suspended for failure to pay
37   the renewal fee.
38       (d) A certificate of competency holder may voluntarily surrender
39   his or her certificate of competency to the state director of fire
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 1   protection and be relieved of the annual renewal fee. After
 2   surrendering the certificate of competency, he or she shall not be
 3   known as a certificate of competency holder and shall desist from the
 4   practice thereof. Within two years from the time of surrender of the
 5   certificate of competency, he or she may again qualify for a
 6   certificate of competency, without examination, by the payment of the
 7   required fee. If two or more years have elapsed, he or she shall
 8   return to the status of a new applicant.
 9       (2)(a) All licensed fire protection sprinkler system contractors
10   desiring to continue to be licensed shall annually, prior to January
11   1st, secure from the state director of fire protection a renewal
12   license upon payment of the fee as prescribed by the state director
13   of fire protection. Application for renewal shall be upon a form
14   prescribed by the state director of fire protection and the license
15   holder shall furnish the information required by the director.
16       (b) Failure of any license holder to secure his or her renewal
17   license within ((sixty)) 60 days after the due date shall constitute
18   sufficient cause for the state director of fire protection to suspend
19   the license.
20       (c) The state director of fire protection may, upon the receipt
21   of payment of all delinquent fees including a late charge, restore a
22   license that has been suspended for failure to pay the renewal fee.
23       (3) The initial certificate of competency or license fee shall be
24   prorated based upon the portion of the year such certificate of
25   competency or license is in effect, prior to renewal on January 1st.
26       (4) The fire protection contractor license fund is created in the
27   custody of the state treasurer. ((All)) Except for penalties received
28   under RCW 18.160.120, all receipts from license and certificate fees
29   and charges or from the money generated by the rules and regulations
30   promulgated under this chapter shall be deposited into the fund.
31   Expenditures from the fund may be used only for purposes authorized
32   under this chapter and for providing assistance in identifying fire
33   sprinkler system components that have been subject to either a recall
34   or voluntary replacement program by a manufacturer of fire sprinkler
35   products, a nationally recognized testing laboratory, or the federal
36   consumer product safety commission; and for use in developing and
37   publishing educational materials related to the effectiveness of
38   residential fire sprinklers. Assistance shall include, but is not
39   limited to, aiding in the identification of recalled components,
40   information sharing strategies aimed at ensuring the consumer is made
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1    aware of recalls and voluntary replacement programs, and providing
2    training and assistance to local fire authorities, the fire sprinkler
3    industry, and the public. Only the state director of fire protection
4    or the director's designee may authorize expenditures from the fund.
5    The fund is subject to allotment procedures under chapter 43.88 RCW,
6    but no appropriation is required for expenditures.

 7       Sec. 3.   RCW 18.160.080 and 2016 c 81 s 17 are each amended to
 8   read as follows:
 9       (1) The state director of fire protection ((may)) must refuse to
10   issue or renew or may suspend or revoke the privilege of a licensed
11   fire protection sprinkler system contractor or the certificate of a
12   certificate of competency holder to engage in the fire protection
13   sprinkler system business or in lieu thereof, establish penalties as
14   prescribed by Washington state law, for any of the following reasons:
15       (a) Gross incompetency or gross negligence in the preparation of
16   technical drawings, installation, repair, alteration, maintenance,
17   inspection, service, or addition to fire protection sprinkler
18   systems;
19       (b) Except as provided in RCW 9.97.020, conviction of a felony;
20       (c) Fraudulent or dishonest practices while engaging in the fire
21   protection sprinkler system business;
22       (d) Use of false evidence or misrepresentation in an application
23   for a license or certificate of competency;
24       (e) Permitting his or her license to be used in connection with
25   the preparation of any technical drawings which have not been
26   prepared by him or her personally or under his or her immediate
27   supervision, or in violation of this chapter; or
28       (f) Knowingly violating any provisions of this chapter or the
29   regulations issued thereunder.
30       (2) The state director of fire protection shall revoke the
31   license of a licensed fire protection sprinkler system contractor or
32   the certificate of a certificate of competency holder who engages in
33   the fire protection sprinkler system business while the license or
34   certificate of competency is suspended.
35       (3) The state director of fire protection shall immediately
36   suspend any license or certificate issued under this chapter if the
37   holder has been certified pursuant to RCW 74.20A.320 by the
38   department of social and health services as a person who is not in
39   compliance with a support order or a residential or visitation order.
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 1   If the person has continued to meet all other requirements for
 2   issuance or reinstatement during the suspension, issuance or
 3   reissuance of the license or certificate shall be automatic upon the
 4   director's receipt of a release issued by the department of social
 5   and health services stating that the person is in compliance with the
 6   order.
 7       (4) Any licensee or certificate of competency holder who is
 8   aggrieved by an order of the state director of fire protection
 9   suspending or revoking a license may, within thirty days after notice
10   of such suspension or revocation, appeal under chapter 34.05 RCW.
11   This subsection does not apply to actions taken under subsection (3)
12   of this section.

13       Sec. 4.   RCW 18.160.110 and 1992 c 116 s 4 are each amended to
14   read as follows:
15       Civil proceedings to enforce this chapter ((may)) must be brought
16   by the attorney general or the prosecuting attorney of any county
17   where a violation occurs on his or her own motion or at the request
18   of the state director of fire protection.


19       Sec. 5.   RCW 18.160.120 and 2003 c 74 s 2 are each amended to
20   read as follows:
21       (1) A fire protection sprinkler system contractor found to have
22   committed an infraction under this chapter as defined in rule under
23   RCW 18.160.030(2)(b)(iii) shall be assessed a fine of not less than
24   ((two hundred dollars)) $400 and not more than ((five thousand
25   dollars)) $10,000 for the first infraction, a fine of not less than
26   $800 and not more than $15,000 for a second infraction by the same
27   contractor, and a fine of not less than $1,500 and not more than
28   $20,000 for the third and any subsequent infractions by the same
29   contractor.
30       (2) A fire protection sprinkler system contractor who fails to
31   obtain a certificate of competency under RCW 18.160.040 shall be
32   assessed a fine of not less than ((one thousand dollars)) $2,000 and
33   not more than ((five thousand dollars)) $10,000 for the first
34   infraction, and a fine of not less than $5,000 and not more than
35   $20,000 for a second infraction by the same contractor, and a fine of
36   not less than $10,000 and not more than $50,000 for the third and any
37   subsequent infractions by the same contractor.


                                     p. 5                          SB 5880
1        (3) All fines collected under this section shall be deposited
2    into the fire protection ((contractor license fund)) compliance
3    account.


 4       NEW SECTION. Sec. 6. A new section is added to chapter 18.160
 5   RCW to read as follows:
 6       The fire protection compliance account is created in the custody
 7   of the state treasurer. All fines collected under RCW 18.160.120 and
 8   the rules and regulations adopted under RCW 18.160.120 must be
 9   deposited into the account. Expenditures from the account may only be
10   used for the purposes of enforcing this chapter. Only the state
11   director of fire protection or their designee may authorize
12   expenditures from the account. The account is subject to allotment
13   procedures under chapter 43.88 RCW, but no appropriation is required
14   for expenditures.


15       Sec. 7.   RCW 18.270.050 and 2007 c 435 s 6 are each amended to
16   read as follows:
17       (1) A certificate expires on December 31st.
18       (2) The certificate shall be renewed every other year.
19       (3) Before the expiration date of the certificate, every
20   applicant shall reapply to the director on an application form
21   provided by the director and pay the application fee as provided by
22   rule.
23       (4) If a certificate is not renewed before its expiration date,
24   an applicant must:
25       (a) Apply to the director on an application form provided by the
26   director;
27       (b) Pay an application fee to the director as provided by rule;
28       (c) Pay an examination fee as provided by rule; and
29       (d) Successfully pass the written examination required by this
30   chapter.
31       (5) Upon approval of a certificate renewal, the director must
32   provide the certificate holder with the renewal directly through
33   certified mail.


34       Sec. 8.   RCW 18.270.070 and 2007 c 435 s 8 are each amended to
35   read as follows:
36       An authorized representative of the director ((may)) must
37   investigate alleged violations of this chapter. Upon request of an
                                     p. 6                          SB 5880
1    authorized representative, a person performing fire protection
2    sprinkler fitting or residential sprinkler fitting work must produce
3    evidence of a certificate issued by the director in accordance with
4    this chapter. Failure to produce such evidence is an infraction as
5    provided by RCW 18.270.020.


 6       Sec. 9.   RCW 18.270.900 and 2007 c 435 s 2 are each amended to
 7   read as follows:
 8       (1) This chapter shall be administered by the director.
 9       (2) The director ((may)) must adopt rules necessary for the
10   administration of this chapter.

                                 --- END ---




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