STATE OF NEW YORK
________________________________________________________________________
4403--A
2019-2020 Regular Sessions
IN SENATE
March 11, 2019
___________
Introduced by Sen. SAVINO -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
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
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative intent. (a) The legislature hereby finds that:
2 (1) The manner in which fire suppression or sprinkler systems are
3 constructed, installed, maintained and inspected have a direct and
4 substantial impact on public safety.
5 (2) Improper construction, installation, maintenance or inspection of
6 fire suppression systems by persons lacking adequate education, training
7 and experience can lead to serious injuries, death and substantial prop-
8 erty damage.
9 (3) Promulgating a code establishing minimum qualification standards
10 for work performed on fire suppressions systems, including criteria for
11 the education, training, testing and licensing of persons performing
12 such work will promote public safety.
13 (b) It is the intent of the legislature and this act:
14 (1) To ensure that work on fire suppression systems is performed by
15 persons who have sufficient education, training and experience in such
16 work.
17 (2) To ensure that adequate qualification standards are maintained
18 through adherence of proper education, training, testing and licensing
19 requirements for those engaged in the sprinkler fitting trades.
20 (3) To establish a state board of examiners for the sprinkler fitting
21 industry to ensure proper qualification and examination of persons
22 performing work on fire suppression systems and to ensure proper adher-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09915-02-9
S. 4403--A 2
1 ence to and enforcement of the requirements of this act and applicable
2 regulations issued pursuant to this act.
3 § 2. The general business law is amended by adding a new article 40 to
4 read as follows:
5 ARTICLE 40
6 FIRE SUPPRESSION SYSTEMS
7 Section 900. Definitions.
8 901. Authorized work on fire suppression systems.
9 902. State board of examiners for the sprinkler fitting indus-
10 try.
11 903. Powers and duties of the state board of examiners for the
12 sprinkler fitting industry.
13 904. Sprinkler fitter license.
14 905. Sprinkler fitter apprentice and helper permits.
15 906. Fire suppression system inspector.
16 907. Reciprocity.
17 908. Transitional grace period.
18 909. Registry of sprinkler fitter licenses and permits.
19 910. Violations.
20 911. Penalties.
21 912. Enforcement.
22 913. Severability.
23 § 900. Definitions. As used in this article, unless the context
24 requires otherwise:
25 (a) "Fire suppression system" means an automatic or manual system
26 designed to protect occupants and/or buildings or structures from fire.
27 Such systems include, but are not limited to, water sprinkler, water
28 spray, foam-water, foam-water spray, carbon dioxide, foam extinguishing,
29 dry chemical, wet chemical, halogenated and other chemical systems used
30 for fire protection. Such systems also include the supply mains, yard
31 hydrants, standpipes, tank heaters, hose connections to sprinkler
32 systems, air lines and thermal systems used in connection with sprin-
33 klers and pumps dedicated for fire suppression.
34 (b) "Fire suppression system inspector" means a person licensed under
35 this article to perform inspections on fire suppression systems.
36 (c) "Fire suppression system inspector license" means a license issued
37 to a fire suppression system inspector pursuant to this article author-
38 izing the person to perform inspections on fire suppression systems.
39 (d) "Sprinkler fitter" means a person, other than an apprentice or
40 helper regulated under this article, who performs work on a fire
41 suppression system as defined by this section.
42 (e) "Sprinkler fitter apprentice" means a person who is enrolled in a
43 sprinkler fitter apprenticeship program and is learning and working on
44 fire suppression systems under the supervision of another person certi-
45 fied in accordance with the provisions of this article.
46 (f) "Sprinkler fitter apprentice permit" means a permit issued to an
47 apprentice sprinkler fitter pursuant to this article authorizing the
48 person to perform work on fire suppression systems.
49 (g) "Sprinkler fitter apprenticeship program" means an apprenticeship
50 training program that is approved by the U.S. department of labor,
51 bureau of apprenticeship and training or a state apprenticeship agency
52 and consists of a minimum of ten thousand hours of documented practical
53 experience in work on fire suppression systems, combined with a minimum
54 of seven hundred twenty hours of related instruction, including class-
55 room or shop instruction, in the sprinkler fitter trade.
S. 4403--A 3
1 (h) "Sprinkler fitter helper" means a person who works on fire
2 suppression systems under the direct supervision of a licensed sprinkler
3 fitter.
4 (i) "Sprinkler fitter helper permit" means a permit issued to a sprin-
5 kler fitter helper pursuant to this article authorizing the person to
6 perform work on fire suppression systems under the direct supervision of
7 a licensed sprinkler fitter.
8 (j) "Sprinkler fitter license" means a license issued to a sprinkler
9 fitter pursuant to this article authorizing the person to perform work
10 on fire suppression systems.
11 (k) "State board of examiners for the sprinkler fitting industry" or
12 "board" means the board of examiners created pursuant to this article.
13 (l) "Work on a fire suppression system" means the construction,
14 installation, alteration, renovation, removal, repair, servicing, main-
15 tenance or testing of fire suppression systems, unless specifically
16 excluded by the provisions of this article.
17 § 901. Authorized work on fire suppression systems. (a) No person
18 within the jurisdiction of this state may perform work on a fire
19 suppression system unless he or she:
20 (1) Possesses a sprinkler fitter license, sprinkler fitter apprentice
21 or helper permit or fire suppression system inspector license issued
22 pursuant to this article;
23 (2) Performs work on portable fire extinguishers or work on dry stand-
24 pipes that are not connected to a fire suppression system; or
25 (3) Is employed as a state or local fire official.
26 (b) No person may employ a person or cause or direct a person to
27 perform work on a fire suppression system unless the person performing
28 such work possesses a sprinkler fitter license, sprinkler fitter appren-
29 tice or helper permit or fire suppression system inspector license
30 issued pursuant to this article.
31 (c) No person, corporation, partnership or other business entity may
32 perform or contract to perform work on fire suppression systems except
33 through persons who possess a sprinkler fitter license, sprinkler fitter
34 apprentice or helper permit or fire suppression system inspector license
35 issued pursuant to this article.
36 (d) The requirements of this article do not apply to work on fire
37 suppression systems in New York city, Nassau county or Suffolk county.
38 (e) Nothing in this article shall prevent any political subdivision of
39 the state from enacting local legislation that establishes qualification
40 standards for the sprinkler fitter trade that exceed the requirements of
41 this article.
42 § 902. State board of examiners for the sprinkler fitting industry.
43 (a) There is hereby established in the safety and health license and
44 certification unit of the department of labor a state board of examiners
45 for the sprinkler fitting industry.
46 (b) Composition. The board shall consist of seven members appointed by
47 the governor, with advice and consent of the senate, as follows:
48 (1) one representative from the division of homeland security and
49 emergency services, office of fire prevention and control;
50 (2) one representative from the department of state, division of
51 building standards and codes;
52 (3) one fire suppression contractor;
53 (4) one licensed fire protection engineer;
54 (5) one sprinkler fitter licensed in accordance with this article;
55 (6) one representative from the New York state pipe trades associ-
56 ation; and
S. 4403--A 4
1 (7) one representative from the New York state apprenticeship and
2 training council.
3 § 903. Powers and duties of the state board of examiners for the
4 sprinkler fitting industry. In addition to all other powers and duties
5 conferred or imposed upon the board, the board is authorized and
6 empowered to:
7 (a) elect its own officers and prescribe their duties;
8 (b) grant sprinkler fitter licenses and permits to duly qualified
9 applicants as provided in this article;
10 (c) establish fees that are reasonable and necessary to defray the
11 cost of administering this article;
12 (d) promulgate, adopt, amend, and repeal such rules and regulations,
13 not inconsistent with the laws of this state, as may be necessary for
14 the orderly conduct of its affairs and the administration of this arti-
15 cle;
16 (e) enforce the provisions of this article and any codes, rules or
17 regulations hereunder through inspections, audits, citations, civil
18 penalties, and any other appropriate means;
19 (f) subpoena records and documents, conduct hearings and compel the
20 attendance of witnesses pursuant to an investigation or a hearing of the
21 board;
22 (g) bring a suit, in any court of competent jurisdiction, to cause the
23 enjoinder of all persons violating this article. When seeking an injunc-
24 tion, the board shall not be required to prove that an adequate remedy
25 at law does not exist or that substantial or irreparable damages would
26 result if an injunction is not granted;
27 (h) establish and administer or contract out to a recognized third-
28 party certifier for examinations as required for licenses under this
29 article and determine satisfactory performance for these examinations;
30 (i) revoke or suspend a license or permit issued under this article,
31 or reprimand persons for incompetence or any violations of this article
32 or rules or regulations of the board; and
33 (j) establish a procedure for reinstating licenses or permits that
34 have been revoked or suspended, including the use of retesting proce-
35 dures.
36 § 904. Sprinkler fitter license. (a) To obtain a sprinkler fitter
37 license under this article, an applicant must:
38 (1) pay an application fee established by the board; and
39 (2) provide evidence demonstrating that he or she has successfully
40 completed a sprinkler fitter apprenticeship program and has passed a
41 sprinkler fitter license examination established by the board; or
42 (3) meet the requirements of section nine hundred seven or nine
43 hundred eight of this article.
44 (b) All persons holding a sprinkler fitter license under this article
45 shall complete a minimum of eight hours annually of education and skill
46 training on fire suppression systems, provided:
47 (1) courses for such training shall be pre-approved by the board and
48 evidence of completion of continuing education requirements shall be
49 submitted to the board with the application for license renewal; and
50 (2) the continuing education requirement does not apply until the
51 conclusion of the first full year after initial issuance of a person's
52 sprinkler fitter license.
53 (c) A sprinkler fitter license under this article shall be valid for a
54 period of three years from date of issue.
S. 4403--A 5
1 (d) The board shall renew for a period of three years licenses or
2 permits as provided by this article upon receiving a completed renewal
3 application and required fee as determined by the board.
4 (e) Any person who is issued a sprinkler fitter license shall be
5 issued a photo identification card and shall maintain such card in his
6 or her possession at all times when performing work on fire suppression
7 systems.
8 § 905. Sprinkler fitter apprentice and helper permits. (a) To obtain a
9 sprinkler fitter apprentice permit, an applicant must:
10 (1) pay an application fee established by the board;
11 (2) complete an application for an apprentice permit established by
12 the board; and
13 (3) present evidence in a form acceptable to the board, demonstrating
14 that the applicant is enrolled in a sprinkler fitter apprenticeship
15 program.
16 (b) The sprinkler fitter apprentice permit shall state that it is
17 valid only if the person to whom it is issued remains enrolled in a
18 sprinkler fitter apprenticeship program. This permit shall be valid for
19 a period of three years from the date of issuance and may be renewed
20 once upon submission of a renewal application and a renewal fee deter-
21 mined by the board.
22 (c) To obtain a sprinkler fitter helper permit, an applicant must:
23 (1) pay an application fee established by the board;
24 (2) complete an application for a helper permit by the board; and
25 (3) present evidence in a form acceptable to the board demonstrating
26 that the applicant is employed as a sprinkler fitter helper that shall
27 include specific acknowledgement from the applicant and his or her
28 employer that the applicant is only authorized to work under the direct
29 supervision of a licensed sprinkler fitter.
30 (d) A sprinkler fitter helper permit shall state that the person
31 possessing it may only perform work on fire suppression systems under
32 the direct supervision of a licensed sprinkler fitter on a one-on-one
33 basis. This permit shall be valid for a period of eighteen months from
34 the date of issuance and shall not be eligible for renewal.
35 (e) Any person who is issued a sprinkler fitter apprentice or helper
36 permit shall be issued a photo identification card and shall maintain
37 such card in his or her possession at all times when performing work on
38 fire suppression systems.
39 § 906. Fire suppression system inspector. (a) To obtain a fire
40 suppression system inspector license, an applicant must:
41 (1) pay an application fee established by the board;
42 (2) complete an application for a fire suppression system inspector
43 license established by the board that provides evidence in a form
44 acceptable to the board of one of the following:
45 (A) at least two thousand hours of experience in the inspection of
46 fire suppression systems;
47 (B) completion of a sprinkler fitter apprenticeship program; or
48 (C) possession of a level one certificate from the national institute
49 for certification for engineering technologies for inspection and test-
50 ing for water based fire protection systems; and
51 (3) complete an examination established by the board for a fire
52 suppression system inspector.
53 (b) The board shall renew for a period of three years a fire
54 suppression system inspector license upon receiving a completed renewal
55 application and required fee as determined by the board.
S. 4403--A 6
1 (c) Any person who is issued a fire suppression system inspector
2 license shall be issued a photo identification card and shall maintain
3 such card in his or her possession at all times when performing
4 inspections on fire suppression systems.
5 § 907. Reciprocity. (a) The board may issue a reciprocity sprinkler
6 fitter license or fire suppression system inspector license, without
7 examination to any currently practicing, competent sprinkler fitter or
8 fire suppression system inspector who holds a similar authorization
9 granted by any other state according to the laws of such state which has
10 qualification requirements substantially similar to, or greater than,
11 those established under this article; provided that the other state
12 grants authorization to any competent person holding a license under
13 this article.
14 (b) The board may issue a sprinkler fitter license or fire suppression
15 system inspector license pursuant to this section to any person who:
16 (1) Completes an application for sprinkler fitter license or fire
17 suppression system inspector license by reciprocity established by the
18 board;
19 (2) Presents competent evidence in a form acceptable to the board
20 demonstrating that the applicant is a currently practicing, competent
21 person who holds a similar authorization granted by any other state
22 according to the laws of such state which has qualification requirements
23 substantially similar to, or greater than, those established under this
24 article; and
25 (3) Pays the appropriate fees established by the board.
26 § 908. Transitional grace period. (a) There shall be a one-year peri-
27 od from the effective date of this article that shall serve as a grace
28 period for all persons applying for sprinkler fitter licenses and fire
29 suppression inspector licenses.
30 (b) During the one-year grace period no person shall be required to
31 possess a sprinkler fitter license, apprentice or helper permit or fire
32 suppression system inspector license, provided he or she has submitted
33 the necessary application for such credentials within one hundred eighty
34 days from the effective date of this article.
35 (c) The board shall issue a sprinkler fitter license without examina-
36 tion to any person who submits an application for a sprinkler fitter
37 license during the one hundred eighty day period after the effective
38 date of this article, provided the applicant pays the required applica-
39 tion fee and submits evidence demonstrating he or she has:
40 (1) completed a sprinkler fitter apprenticeship program; or
41 (2) performed at least ten thousand hours of documented practical
42 experience of work on fire suppression systems within the past eight
43 years.
44 (d) The board shall issue a fire suppression inspector license without
45 examination to any person who submits an application for a fire
46 suppression inspector license during the one hundred eighty day period
47 after the effective date of this article, provided the applicant pays
48 the required application fee and submits evidence demonstrating he or
49 she has:
50 (1) At least two thousand hours of experience in the inspection of
51 fire suppression systems;
52 (2) Completion of a sprinkler fitter apprenticeship program; or
53 (3) Possession of a level one certificate from the national institute
54 for certification for engineering technologies for inspection and test-
55 ing for water based fire protection systems.
S. 4403--A 7
1 (e) Initial applications for sprinkler fitter apprentice or helper
2 permits shall be submitted by applicants within one hundred eighty days
3 from the effective date of this article in accordance with the require-
4 ments of section nine hundred five of this article.
5 § 909. Registry of sprinkler fitter licenses and permits. (a) The
6 board shall establish a fire suppression system technician registry to
7 maintain a central registry of the names of all persons to whom it has
8 issued fire suppression system inspector licenses, sprinkler fitter
9 licenses and sprinkler fitter permits.
10 (b) The fire suppression system technician registry shall be main-
11 tained on a publicly accessible website and shall be updated on a month-
12 ly basis.
13 § 910. Violations. It shall be unlawful and a violation of this arti-
14 cle for any person to:
15 (a) perform work on a fire suppression system without possessing an
16 applicable license or permit as required by this article;
17 (b) employ a person or cause or direct a person to perform work on a
18 fire suppression system unless the person performing such work holds an
19 applicable license or permit as required by this article;
20 (c) engage in other conduct prohibited by section nine hundred three
21 of this article;
22 (d) obtain a license or permit required by this article through error,
23 fraud or intentional or reckless misrepresentation;
24 (e) impersonate another person, use an expired or revoked license or
25 permit issued pursuant to this article or allow another person to use a
26 license or permit not issued to such person;
27 (f) give false or forged evidence of any kind to the board or any
28 member thereof in an application for the issuance or renewal of a
29 license or permit under this article; or
30 (g) knowingly or recklessly make a material false statement regarding
31 a person's license, or permit or status with intent to influence,
32 persuade, or induce an individual to contract for services regulated
33 under this article.
34 § 911. Penalties. (a) The board shall revoke or suspend a license or
35 permit issued under this article, or reprimand a license or permit hold-
36 er for incompetence or any violation of this article or rules or regu-
37 lations of the board issued pursuant to this article.
38 (b) Any person who violates any provision of this article or any
39 applicable rule, regulation, permit or other order of the board shall be
40 subject to a civil penalty of not less than five hundred dollars and not
41 more than one thousand dollars for each act or violation. Each day a
42 person performs work on a fire suppression system without a required
43 license or permit as required by this article shall constitute a sepa-
44 rate violation.
45 (c) A person who willfully violates this article or any applicable
46 rule or regulation adopted pursuant to this article shall be guilty of a
47 misdemeanor.
48 (d) In addition to any other penalties provided in this section, a
49 person, corporation or other business entity that knowingly employs or
50 directs a person to perform work on a fire suppression system in
51 violation of this article shall forfeit any business or contractor
52 license, registration or certificate issued by the state for a period of
53 not less than one year and not more than three years, as determined by
54 the state attorney general. For purposes of this section, the term
55 "knowingly" shall mean actions that are willful or taken with deliberate
56 ignorance or reckless disregard of the requirements of this article.
S. 4403--A 8
1 § 912. Enforcement. (a) The requirements of this article will be
2 enforced by the board in conjunction with the licensure and certif-
3 ication unit within the department of labor.
4 (b) The licensure and certification unit within the department of
5 labor shall inspect project work sites where work on fire suppression
6 systems is being performed to ensure that persons performing such work
7 possess applicable licenses and permits required by this article.
8 (c) In any circumstances where the licensure and certification unit
9 within the department of labor determines that work on fire suppression
10 systems is being performed in violation of this article, it shall issue
11 or cause to be issued a stop work order requiring that all such work
12 cease and require that such work shall not be resumed until a full
13 investigation has been undertaken and verification has been made that
14 all work on the fire suppression system in question has been performed
15 by duly authorized persons.
16 § 913. Severability. To the extent that any section or portion of this
17 article is deemed invalid by a reviewing court, the remainder of this
18 article shall be unaffected by such ruling.
19 § 3. This act shall take effect on the one hundred eightieth day after
20 it shall have become a law. Effective immediately, the addition, amend-
21 ment and/or repeal of any rule or regulation necessary for the implemen-
22 tation of this act on its effective date are authorized to be made and
23 completed on or before such effective date.
