NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A377
SPONSOR: Bronson TITLE OF BILL:
An act to amend the general business law, in relation to fire
suppression systems and licensing professionals to perform authorized
work on fire suppression systems
PURPOSE:
This act provides for the establishment of minimum standards for licen-
sure 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:
§ 1 - Legislative Intent
§ 2 - Amends the General Business Law by adding a new article 40-A Fire
Suppression Systems § 930. Definitions including "fire suppression
system" , "fire suppression system inspector', "fire suppression system
inspector license", "sprinkler fitter", "sprinkler fitter apprentice",
"sprinkler fitter apprentice permit", "sprinkler fitter apprenticeship
program", "sprinkler fitter helper", "sprinkler fitter helper permit"
*"sprinkler fitter license".
§ 931. Authorized work on fire suppression systems. - no one may perform
work on a fire suppression system unless he or she possess a sprinkler
fitter license, sprinkler fitter apprentice or helper license or a fire
suppression system inspector license.
§ 932. State board of examiners for the sprinkler fitting industry with-
in the Department of Labor's Safety and Health License and Certification
Unit - a 7-member board appointed by the Governor, with advice and
consent of the Senate including:
*Representative of Office of Fire Prevention and Control;
*Representative of the Department of State, Division of Building Stand-
ards and Codes;
* Fire suppression contractor;
* Licensed fire protection engineer;
* Sprinkler Fitter (licensed under this article);
* Representative of the NYS Pipe Trades Association; and,
* A representative of the NYS Apprenticeship and training council.
§ 933. Powers and duties of the state board of examiners for the sprin-
kler fitting industry including but not limited to promulgating rules
and regulations necessary to administer this article and enforcement of
provisions of this article.
§ 934. Sprinkler fitter license -allows board to set application fees,
requirements, continuing education requirements and validity of license
for 3 years.
§ 935. Sprinkler fitter apprentice - allows board to set application fee
and requirement that apprentice mist be enrolled in a sprinkler appren-
ticeship program and helper permits - allows boar to set application fee
and that helper may only work under direct supervision of a licensed
sprinkler fitter.
§ 936. Fire suppression system inspector - allows board to set applica-
tion fee, certification requirements and completion of examination.
§ 937. Reciprocity - board may issue a sprinkler fitter license or fire
suppression inspector license, without examination, to those who hold
similarly authorization from other states with substantially similar
qualification to those of this article
§ 938. Transitional grace period - one year no requirements to possess
the licenses under this article provided they have submitted application
within 180 days of effective date of this article.
§ 939. Registry of sprinkler fitter licenses and permits - board shall
establish and maintain a central registry of all persons issued fire
suppression system inspector licenses, sprinkler fitter licenses and
sprinkler fitter permits.
§ 940. Violations - it shall be a violation of this article to perform
fire suppression work without one of the licenses provided by this arti-
cle.
§ 941. Penalties - of this article can include revocation or suspension
of license or permits issued under this article, civil penalties between
$500 to $1000 or forfeiture of business or contractor license.
§ 942. Enforcement by the board in conjunction with the Department of
Labor's Licensure and Certification Unit.
§ 943. Severability - if any portion of this law if deemed invalid the
remainder of the article shall remain in effect.
§ 3 - provides for an 180 day effective date, but rules and regulations
may be promulgated immediately.
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 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 stand-
ards for the licensure of water-based fire protection system installa-
tion contractors, the certification of Responsible Managing Employees
(RME) and fire suppression specialists. Additionally, the act estab-
lishes penalties for improper layout, installation, servicing, repair-
ing, 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:
2006: A12002A; referred to Labor (John)
2007-08: A6209: veto 129 (John)
2009-10: A6526A; referred to Gov Operations (John)
2015-16 A10386; referred to Economic Development (Brindisi)
2017-18 A2595B: referred to Economic Development (Brindisi)
2019-20 A7948; referred to Economic Development (Crespo)
2022 A9064; referred to Economic Development (Bronson)
FISCAL IMPLICATIONS:
To be determined
EFFECTIVE DATE:
Immediately
