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- Reported and committed to rules
- Referred to finance
- Reported and committed to rules
- Print number 3190a
- Amend and recommit to finance
- Referred to finance
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Enacts the water-based fire protection licensure act
In Assembly Committee · Governmental Operations · Sponsor Susan John
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the executive law, in relation to enacting the New York water-based fire protection licensure act for the purpose of regulating the business of layout, installing,#servicing,#repairing,#inspecting, testing and maintenance of#automatic water-based fire protection systems
Purpose
This act provides for the establishment of minimum standards for licensure of water-based fire protection system installation, servicing, repairing, inspecting, testing and maintenance. It establishes penalties for improper business practices and prohibits unlicensed activities.
Summary of provisions
Executive Law is amended by adding a new Article 7-B the "New York State Water-Based Fire Protection Licensure Act"
Read the full memo (740 words)
178 - provides for definitions covered under this act.
178-a defines the licensure categories and scope of work by a water-based fire protection contractor. Also included are the qualifications for the Responsible Managing Employee (RME) who will hold a certification qualifying the contractor employer to perform work in the scope of this act.
178-b appoints the New York State Office of Fire Prevention and Control (OFPC) as the overseeing authority of the requirements within. This section also sets in motion the OFPC to develop the New York Fire Protection Advisory Council in order to administer sections within their scope in this act and possible oversight of future licensure categories of other present or future fire protections systems.
178-c sets the minimum qualifications in the licensure and certification categories.
1 78-d addresses existing water-based fire protections contractors and recently formed contractors.
178-e sets forth administration by OFPC for testing applicants and verifying qualifications for journey persons and apprentices fire suppression specialists.
178-f and 178-g sets the license and certificate administration as well as the insurance minimum coverage to be carried in the proper category for fire protection not only to protect the contractor and employees, but also the public.
178-h entitles OFPC to inspect new water-based fire protection work on sight while during installation or upon completion. This section also sets forth minimum inspection, testing and maintenance requirements.
178-i defines the fee amounts.
178-j defines suspension, revocation, and fines attributed to certain violations and causes also spelled out in this section not to be imposed until reviewed per section 178-k.
178-k and 178-l grant rights, to a hearing before the OFPC and the New York Fire Protection Advisory Council on charges or deficiencies in which the contractor, RME, specialist or applicant may be accused.
178-m ensures action against entities that hold themselves out to practice, without license or certificate, to perform water-based fire protection work in any category.
178-n official acts of the OFPC considered prima facie evidence.
178-o disposes monies collected to the OFPC in accordance with state financial law.
178-p holds applicability of this act to the State of New York minus New York City, Nassau and Suffolk Counties. Contractors within the above areas that wish to work outside these defined areas must comply with this act.
178-q contains contractual agreements and indemnification provisions.
178-r allows separability of any part of this act in the future if adjudged invalid by a competent court.
Existing law
Under current law, all sprinkler system plans must be certified by a licensed engineer as complying with the NYS Uniform Fire Prevention & Building Code and must also be approved by local building code offices. After installation it must undergo mandated inspection.
Justification
This act will to protect, promote and preserve the public health, safety and general welfare by providing for the establishment of minimum standards for the licensure of water-based fire protection system installation contractors, the certification of Responsible Managing Employees (RME) and fire suppression specialists. Additionally, the act establishes penalties for improper layout, installation, servicing, repairing, inspecting, testing or maintaining of water-based fire protection systems and prohibits unlicensed activities.
This bill is intended to enhance the fire and life safety within the State where there now and may in the future exist locations where water-based fire protection systems are installed. Improper layout, installation, service, repair, or inspection may adversely affect the public health, safety and general welfare. It is further acknowledged that fire protection systems are critical life and property safety systems. The layout, installation, service, repair, inspection, testing and maintenance of which require specialized knowledge and experience.
Legislative history
2008 Session: S.8644 - Maltese/A.11706 - John - no action in the 2008 Session.
Fiscal implications
To be determined.
Local fiscal implications
To be determined.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.