What's happening
This bill establishes a statewide licensing system for contractors who install, inspect, or maintain water-based fire protection systems, setting standards, penalties, and exemptions.
Why it matters
Public health and safety impact. By requiring contractors to be licensed and qualified, the bill aims to reduce the risk of poorly installed or maintained fire protection systems, which can have serious consequences in emergency situations. This protects building occupants, first responders, and property.
Statewide uniformity and local government limits. Outside of New York City, Nassau, and Suffolk counties, the law prevents local governments from imposing additional requirements on licensed contractors, promoting consistent standards and easing compliance for businesses operating across multiple jurisdictions.
Higher professional standards and accountability. The bill sets out detailed qualification requirements for contractors and their supervising employees, including specific credentials, ongoing education, and experience. This raises the bar for entry into the field and provides clear grounds for discipline, suspension, or license revocation for noncompliance.
Building owner responsibilities and legal protections. Owners are made explicitly responsible for ensuring proper inspection, maintenance, and correction of water-based fire protection systems. The bill also clarifies limits on contractor liability and indemnification in contracts, potentially reducing frivolous lawsuits and ensuring that responsibility is appropriately assigned.
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Who cares
Headline styles
License Fire Sprinkler Installers
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Print number 5804a
- Amend and recommit to consumer protection
- Referred to consumer protection
- Referred to consumer protection
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.
License Fire Sprinkler Contractors
In Assembly Committee · Economic Development · Sponsor Patricia Fahy
Full text
17 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5804--A
2019-2020 Regular Sessions
IN SENATE
May 15, 2019
Introduced by Sen. BRESLIN -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection -recommitted to the Committee on Consumer Protection in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the general business law, in relation to establishment of the water-based fire protection licensure act, and providing for the repeal of certain provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. This act shall be known and may be cited as the "waterbased fire protection licensure act".
§ 2. Legislative intent. It is declared that there exists and may in the future exist within the state of New York locations where waterbased fire protection systems are installed and improper installation and improper inspection, testing, and maintenance of existing fire protection systems 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 and such systems whose layout, installing, repairing, inspecting, testing, or maintenance require specialized knowledge and experience. Therefore the purpose of this act is to protect, promote and preserve the public health, safety and general welfare by providing for the establishment of minimum standards for licensure of water-based fire protection system installation and inspecting contractors as well as designating and utilization of responsible managing employees as qualifiers of said license with establishment of penalties for improper layout, installing, repairing, inspecting, testing, or maintaining of water-based fire protection systems and prohibit unlicensed activities. Furnishing and installing underground water-supply and one-family and two-family residential
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11363-04-0
S. 5804--A 2
systems, unless a residential system in a "group home" are exempt from this act.
§ 3. The general business law is amended by adding a new article 35-G to read as follows:
ARTICLE 35-G
WATER-BASED FIRE PROTECTION
LICENSURE ACT Section 759-g. Definitions.
759-h. License and RME requirements; scope of practice; penal-
ties for non-compliance.
759-i. Powers of the department and board.
759-j. New licensure requirements.
759-k. Licensure for existing contractors.
759-l. Licensure: application; insurance; display; duplicates.
759-m. License renewals and RMEs.
759-n. Inspection of water-based fire protection systems.
759-o. Fees.
759-p. Suspension and revocation of licenses.
759-q. Hearing on charges; decision.
759-r. Judicial review.
759-s. Violations and penalties.
759-t. Official acts used as evidence.
759-u. Disposition of moneys derived from operation of this
article.
759-v. Severability.
759-w. Applicability.
759-x. Contractual agreements.
§ 759-g. Definitions. As used in this article, unless the context requires otherwise:
1. "AFSA" means the American fire sprinkler association.
2. "Board" means the state fire protection advisory board under the department. Such board shall be the advising body for all rules, requirements, regulations, and future modifications affecting licensure, certificates and certification, exams, training, and other topics covered under this act.
3. "Business entity" means a firm, company, partnership, limited liability company, or corporation.
4. "Department" means the department of state division of licensing services.
5. "Engineer of record" means an education department-licensed professional engineer, qualified by experience and training to provide design criteria for fire protection systems including:
(a) selection of system types and components;
(b) classification of potential hazards and commodities to be protected;
(c) density, water flow, and pressure requirements for system designs;
(d) confirmation of available water supply data;
(e) preliminary hydraulic calculations verifying the adequacy of proposed water supply arrangements;
(f) ability to identify water supplies that could lead to microbiologically influenced corrosion; and
(g) familiarity with seismic information and other items identified by law or the uniform fire and building codes of the state.
6. "Fee" means any examination fee, license fee, registration fee, or renewal fee accompanying an application or issuance of any license,
S. 5804--A 3
certification, or registration, including any temporaries or renewals, pursuant to this article. Such fee shall be non-refundable.
7. "Fire control" or "fire suppression" means:
(a) the practices, or 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, as defined by the state uniform fire prevention and building code, in connection with the discharge of water and backflow prevention for the express purpose of extinguishing and controlling fire; and
(b) the practice of installing, repairing, inspecting, testing, and maintaining water-based fire protection systems as defined by the state uniform fire prevention and building code.
8. "Fire sprinkler system" means any water-based fire protection system, fire suppression system, or fire control system employing fire sprinklers and consisting of underground and overhead piping, including fire pumps and associated piping, fire standpipes that convey water with or without other agents to dispersal openings or devices for the purpose of extinguishing, controlling, suppressing, or containing fire, and which provide protection from fire exposure or exposure to the products of combustion, and are installed in accordance with the state uniform fire prevention and building code and referenced standards and state-approved local standards.
9. "Full-time employee" means an employee of a business entity who is expected to work at least one thousand five hundred sixty hours per year. Earned, paid time for leave such as vacation, sick, or personal days shall be inclusive within the one thousand five hundred sixty hours.
10. "Inspection" means the visual examination of a building's waterbased fire protection system, or a portion thereof, to verify that such system appears to be in operating condition and is free of physical damage.
11. "Inspection, testing, and maintenance" means a program provided by a state-licensed water-based fire protection contractor who has contracted with a property or building owner, or such property or building owner's representative, in which all components unique to such property or buildings' systems are inspected and tested at required frequencies and in which necessary maintenance is provided. Such programs shall include logging and retention of relevant records and reporting of deficiencies and malfunctions to the property or building owner or his or her authorized representative, and the appropriate authorities as required.
12. "Inspector" means a person who is employed by a state-licensed water-based fire protection contractor, who performs inspection and testing on a water-based fire protection system, as per the state uniform fire prevention and building code, and a program provided by a state-licensed water-based fire protection contractor.
13. "Install" or "installation" means the initial placement of a water-based fire protection system, or its extension or alteration after the initial placement.
14. "Layout" means the placement of risers, cross mains, branch lines, fire sprinklers, and hanger locations, and sizing of pipe and supplemental hydraulic calculations in accordance with the provisions of water-based fire protection design standards and design criteria as provided by the engineer of record.
15. "License holder" means a business entity as defined by this section and as licensed by the department to engage in the business of
S. 5804--A 4
the layout, installing, repairing, inspecting, testing, or maintaining of water-based fire protection systems. A single license may name no more than one business entity.
16. "Limited maintenance" means adjustment of or replacement of system components like and kind, inclusive of maintenance requirements per NFPA 25, as defined in this section.
17. "Maintenance" means work performed by a licensed water-based fire protection contractor to keep water-based fire protection equipment operable including repairs.
18. "NCCI" means the national council on compensation insurance.
19. "NFPA" means the national fire protection association, inc.
20. "NFPA 25" means the NFPA's most recent state referenced publication, which establishes the minimum requirements for the periodic inspection, testing, and maintenance of water-based fire protection systems and the actions to undertake when changes in occupancy, use, process, materials, hazard, or water supply that potentially impact the performance of such water-based system are planned or identified.
21. "NFSA" means the national fire sprinkler association, inc.
22. "NICET" means the national institute for certification in engineering technologies or other entities recognized as being equal to or better than NICET, as determined by the department.
23. "OFPC" means the state office of fire prevention and control.
24. "Repair" means any work on a system after the initial installation to replace, correct or maintain such system.
25. "Responsible managing employee" or "RME" means an individual with appropriate NICET certification or state-approved equivalent who is a full-time employee of a water-based fire protection contractor, and who is designated as such water-based fire protection contractor's qualifier to do business as a water-based fire protection contractor. A RME may serve to qualify no more than two water-based fire protection contractor under this article in the state. Where an RME qualifies multiple business entities, the entities must be shown to have common ownership or controlling interest and the RME must be a full-time employee.
26. "Supervise" or "supervision" means the direction, management, and oversight by the RME named on a contractor's business license of the activities of personnel in the layout, installing, repairing, inspecting, testing, or maintaining repair of any water-based fire protection system. Notwithstanding this subdivision, supervision shall not require such RME to be at the site of each layout, install, repair, inspection, test, or maintenance of water-based fire protection systems at all times.
27. "Testing" means testing water-based fire protection systems as defined by the state uniform fire prevention and building code.
28. "Water-based fire protection contractor" or "contractor" means any of the following classes:
(a) "Contractor I" or "water-based fire protection contractor" means a business entity that offers to undertake, represents itself as being able to undertake, or does undertake the layout, installing, repairing, inspecting, testing, or maintaining of all types of water-based fire protection systems and components.
(b) "Contractor II" or "water-based fire protection systems inspection contractor" means a business entity that is limited to the execution of contracts requiring the inspection and testing along with limited maintenance of fire protection systems. Contractor II businesses shall have an RME certified NICET II or better or state equivalent in inspection and testing of water-based systems.
S. 5804--A 5
29. "Water-based fire protection contractor business license" or "license" means a license issued by the department to a business entity to operate as a water-based fire protection contractor.
30. "Water-based fire protection system" means a commercial or residential system individually designed to protect the interior or exterior of a specific building, structure, or other potential hazard from fire, or to promote life safety. Such systems include, but are not limited to, water fire-sprinkler systems, water spray systems, foam-water sprinkler systems, foam-water spray systems, and foam extinguishing systems used for fire protection.
§ 759-h. License and RME requirements; scope of practice; penalties for non-compliance. 1. (a) It is unlawful for any organization, business entity, or individual to engage in the business of layout, installing, repairing, inspecting, testing, or maintaining water-based fire protection systems, to act in the capacity of a water-based fire protection contractor, or to advertise itself as being a water-based fire protection contractor without having been duly licensed and without holding a valid license, except as otherwise provided in this section. The RME named to qualify an organization or business entity under this article must be a full-time employee of such organization or business entity.
(b) The department shall revoke, for a period of time determined by the department, the RME as a qualifier for all water-based fire protection contractors if such RME makes use of or allows the use of NICET or equivalent certification to qualify a contractor of which such RME is not a full-time employee.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the general business law, in relation to establishment of the water-based fire protection licensure act, and providing for the repeal of certain provisions upon expiration thereof
Purpose or general idea of bill
This Act is to protect, promote and preserve the public health, safety and general welfare by providing for the establishment of minimum stand- ards for licensure of water-based fire protection system installation contractors, certification of Responsible Managing Employees, as well as establish penalties for improper layout, installing, servicing, repair- ing, inspecting, testing or maintaining of fire protection systems and prohibit unlicensed activities.
This bill is intended to enhance the fire and life safety within the State of New York where there now exists and may in the future exist within the State of New York locations where water-based fire protection systems are installed. Improper layout, installation, service, repair, inspection, testing and maintenance of fire protection systems 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 and said systems whose layout, installing, servicing, repairing, inspecting, testing, or maintenance require meas- ured specialized knowledge and experience.
Read the full memo (688 words)
The above will remove a decades old burden on code enforcement offi- cials, building inspectors, and fire marshals with doing repetitive and unnecessary work to re-review plans submittals less often and reduce re-inspections in the field due to improper preparation of plans and shop drawings as well as reduce deficiencies in the field.
Summary of provisions
General Business Law is amended by adding a new article.
B- defines the licensure categories and scope of work by a water-based fire protection contractor. Also included is the qualification for the Responsible Managing Employee (RME) who will hold a certification quali- fying the contractor employer to perform work in the scope of this act.
C- sets the minimum qualifications for licensure categories and RME.
D- appoints the New York State Department of State Licensing Services as the overseeing authority of the requirements within. This section also sets in motion the NYSDOS to develop the New York State Fire Protection Advisory Board to administer section within their scope in this Act and oversight of future licensure categories of other present or future fire protection systems.
E- and F- addresses licensing for new and existing water-based fire protection contractors and recently formed contractors.
G- Sets the license 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.
H- directs license holders to submit for renewals.
I- Entitles New York State Office of Fire Prevention & Control to inspect new water-based fire protection work on sight while during installation or upon completion or upon receiving complaints. This section also sets forth minimum inspection, testing and maintenance requirements.
J- defines the fee amounts
K- defines suspension, revocation, and fines attributed to certain violations and causes also spelled out in this section not to be imposed until review per section L.
L- and M- grants rights to hearing before the NYSDOS and the New York Fire Protection Advisory Council on charges or deficiencies in which the contractor may be accused.
N- ensures action against entities that hold themselves out to practice, without license or certificate, to perform water-based fire protection work in any category.
0- official acts of the NYSDOS considered prima facie evidence.
P- disposes monies collected to the state in accordance with state financial law.
Q- allows separability of any part of this act in the future if adjudged invalid by a competent court.
R- holds applicability of this act to the State of New York minus New York City, Nassau, and Suffolk Counties unless- contractors within the above areas that wish to work outside these defined areas must comply with this act.
S- contains contractual agreements and indemnification provisions.
Prior legislative history
This is a new bill
Fiscal implications for state and local govents
None
Effective date
Immediately with a various stages of certification requirements and obtaining a license.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.