License Fire Sprinkler Contractors

Section 1. The general business law is amended by adding a new article 40 to read as follows:

ARTICLE 40

AUTOMATIC WATER-BASED FIRE PROTECTION SYSTEMS Section 900. Definitions.

901. Contractor license and RME requirements; scope of practice;

penalties for non-compliance.

902. Powers of the department of state division of licensing

services and the New York state fire protection licensure

board.

903. New York state fire protection advisory board.

904. New licensing and certification requirements.

905. Licensing and certification requirements for existing

contractor.

906. Specialists.

907. License: application; insurance; display; and duplicates.

908. License: renewal and RME.

909. Inspection of water-based fire protection systems.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD01960-07-8

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910. Fees.

911. Suspension and revocation of licenses.

912. Hearing on charges; decision.

913. Judicial review.

914. Violations and penalties.

915. Official acts used as evidence.

916. Disposition of fees.

917. Severability.

918. Applicability.

919. Contractual agreements.

§ 900. Definitions. As used in this article, unless the context requires otherwise:

1. "A/d/b/a" means "also doing business as".

2. "Apprentice sprinkler fitter" means a person with interest in and aptitude for performing fire suppression work known as, but not limited to, fire sprinkler fitting work but who alone is not capable of performing fire suppression work, and such person must be enrolled in a New York state registered or a U.S. Department of Labor recognized fire sprinkler fitter apprenticeship program and must be directly supervised by a licensed journeyperson on any one jobsite.

3. "Approved apprenticeship program" means an apprenticeship-training program recognized by the industry and accepted as an apprenticeship program by the state of New York or the U.S. Department of Labor.

4. "Board" means the New York State Fire Protection Licensure Board under the department. The board shall be the approving body for all rules, requirements, regulations, and future modifications affecting licensure, certificates and certification, exams, training, and other issues under this article.

5. "Business entity" means a firm, company, partnership, limited liability company or corporation.

6. "Department" refers to the division of licensing services within the department of state.

7. "Engineer of record" means a professional engineer licensed in accordance with article one hundred forty-five of the education law and qualified by experience and training to provide design criteria for fire protection systems to include:

(a) selection of type of system and components;

(b) classification of the hazard and commodities to be protected;

(c) the density and water flow/pressure requirements for the system design;

(d) confirmation of the available water supply data;

(e) preliminary hydraulic calculations to verify adequacy of proposed water supply arrangements;

(f) reasonable efforts to identify water supplies that could lead to microbiologically influenced corrosion (MIC); and

(g) seismic information and other items identified by law or the uniformed codes.

8. "Fee" means any "examination fee," "license fee," "registration fee," and/or "renewal fee" is required to accompany an application or issuance of any license, certification, or registration including any temporaries or renewals, pursuant to this article. Such fee shall be non-refundable.

9. "Fire suppression" means:

(a) the practice, materials, and equipment, in or adjacent to a building, or premises, used in the installation, maintenance, extension, or alteration of all piping, materials, and equipment, both above and below

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ground, as defined by the state fire code, in connection with the discharge of water, backflow preventers, and private water supply systems, for the express purpose of extinguishing and controlling fire; and

(b) the practice of installing, repairing, inspecting, testing, maintaining, and servicing fire suppression or fire fighting systems including both overhead piping and underground fire water mains, backflow prevention devices, fire hydrants and hydrant mains, standpipes and hose connections to the fire sprinkler systems, fire sprinkler tank heaters, air lines and thermal systems used in connection with fire sprinkler systems, tank and pump connections and fire protection systems as defined by the state fire code.

10. "Fire sprinkler system" means any water-based automatic fire extinguishing, fire suppression system or fire control system employing fire sprinklers and consisting of underground and overhead piping or conduits including accessory fire pumps and associated piping, fire standpipes that convey water with or without other agents to dispersal openings or devices to extinguish, control, suppress, or contain fire and provide protection from exposure to fire or the products of combustion and installed in accordance with applicable fire prevention and building codes of the state of New York and referenced standards and approved more restrictive local standards.

11. "Full time employee" means an employee of the business entity in a position expected to work at least two thousand hours per year. Earned, paid time for leave such as vacation, sick, or personal days shall not count against the two thousand hours.

12. "Geographical area" means all counties, except New York, Bronx, Kings, Queens, Richmond, Nassau and Suffolk.

13. "Inspection" means a visual examination of a building owner's water-based fire protection system or portion thereof to verify within the scope of NFPA 25 that the system appears to be in operating condition and is free of physical damage.

14. "Inspection, testing, and maintenance" means a program provided by a New York state licensed water-based fire protection contractor when contracted with a property or building owner or their representative or qualified building owner's representative in which all components unique to the property's systems are inspected and tested at the required times and necessary maintenance is provided. This program includes logging and retention of relevant records and reporting of deficiencies and malfunctions to the building owner or his authorized representative and appropriate authorities that may be required.

15. "Inspector" means a person certified in the NICET Level II "Inspections and Testing of Water-Based Systems" and is employed by a New York state licensed contractor as herein defined who performs inspection and testing on a water-based fire protection system within the scope of NFPA 25, the New York State Fire and Building Code set, and other laws or regulations.

16. "Inspector trainee" means inspectors in training that may perform inspections under the direct supervision of a NICET Level II certified inspector for up to one year prior to obtaining NICET Level I and subsequently perform inspections under direct supervision up to an additional two years prior to obtaining NICET Level II in the field of "inspections and testing of water-based systems". The inspector in training and NICET Level II supervisor must both be in the direct employ of the contractor I, II, III, or IV. The department shall issue a card once per lifetime with a three year limitation and be maintained to prove these durations

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are met, if the inspector trainee does not obtain the required certifications, he or she shall not be allowed to continue to perform inspections.

17. "Install" or "installation" means the initial placement of the water-based fire protection system or its extension or alteration after the initial placement.

18. "Journeyperson" means a person qualified by at least ten thousand hours (10,000) of work experience installing, adjusting, repairing, dismantling, inspecting, testing, and maintaining water-based fire protection systems and who is competent to instruct and supervise the water-based fire protection work of apprentice fire sprinkler fitters and residential trainees, and/or a person who has completed a state or federally recognized apprenticeship program.

19. "Layout" means the placement of risers, cross mains, branch lines, fire sprinklers, sizing of pipe, hanger locations, and supplemental hydraulic calculations in accordance with the provisions of water-based fire protection design standards and design criteria as provided by engineer of record.

20. "License holder" means a business entity as herein defined as licensed by the department to engage in the business of layout, installing, repairing, inspecting, testing, or maintaining water-based fire protection systems under this article. One license may name no more than one business entity.

21. "Maintenance" means work performed by the licensed water-based fire protection contractor to keep equipment operable and make repairs.

22. "Multipurpose system" means a piping system intended to serve both the domestic and fire protection needs.

23. "NCCI" means the National Council on Compensation Insurance.

24. "NFPA" means the National Fire Protection Association, Inc.

25. "NFSA" means the National Fire Sprinkler Association, Inc.

26. "NICET" means the National Institute for Certification in Engineering Technologies or other recognized entity by the fire sprinkler industry equal or better to NICET as determined by the department.

27. "OFPC" or "office" means the New York State Office of Fire Prevention and Control.

28. "Point of private service" means the point at which the private underground piping for a water-based fire protection system using water as the extinguishing agent becomes used for the water-based fire protection system.

29. "Repair" means any work on a system after the initial installation to replace, correct and maintain the system to provide performance as originally designed.

30. "Residential tradesperson" means a person in the employ of a contractor I, III, or IV and is limited to the scope of work as defined in contractor IV, plus mixed use residential occupancies up to and including four stories in height and is qualified by at least eight thousand hours (8,000) of work experience installing, adjusting, repairing, and dismantling fire suppression systems and who is competent to instruct and supervise the fire suppression work of residential trainees.

31. "Residential trainee" is under the contractor I, III, or IV license only and is limited to the scope of work as defined in contractor IV and means a person in training that may perform residential fire sprinkler fitter work under direct supervision of a residential tradesperson or a journeyperson. The department shall issue a card once per lifetime with a four year limitation and be maintained to prove these

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durations are met, if the residential trainee does not obtain the residential tradesperson license within the time limit, he or she shall not be allowed to continue to perform such work.

32. (a) "Responsible managing employee" or "RME" means an individual with appropriate NICET Certification who is a full time employee of a water-based fire protection company, and is designated as the waterbased fire protection company's qualifier to do business as a waterbased fire protection contracting company. An RME may serve to qualify only one contractor business location under this article in the state of New York. An RME who works for more than one water-based fire protection company at the same time shall not be considered a full time employee of either, subject to the exception set forth in paragraph (b) of this subdivision.

(b) An RME with appropriate NICET certifications may qualify one water-based fire protection company or two separate water-based fire sprinkler companies that operate in the same physical business location and physical address provided that the controlling business principal maintains both contractor licenses of any class for both businesses along with all other requirements within this article at one location.

33. "Supervise" or "supervision" means the direction, management, and oversight by the RME named on the business license of the activities of personnel in the layout, installing, repairing, inspecting, testing, or maintaining repair of any water-based fire protection system. However, it is not the intention that supervision require the RME have to be at the site of each layout, install, repair, inspection, test, or maintenance of the water-based fire protection systems at all times.

34. "Testing" means testing water-based fire protection systems as defined by fire code of the state of New York and referenced documents.